CASE DIGEST (Transportation Law): PHILTRANCO vs. CA

                                                      PHILTRANCO vs. Court of Appeals

(G.R. No. 120553 June 17, 1997)

FACTS:

Ramon Acuesta, while riding in his bicycle, was bumped and ran over by a defendant’s bus which resulted to his death.

As expected, the heirs of Ramon filed a suit for damages with the trial court which eventually ordered, after trial, that the petitioners to jointly and severally pay the private respondents the following amounts:

1) P55, 615.72 as actual damages;
2) P200,000 as death indemnity for the death of the victim Ramon A. Acuesta;
3) P1 million as moral damages;
4) P500,000 by way of exemplary damages;
5) P50,000 as attorney's fees; and
6) the costs of suit.

On appeal, the CA affirmed the trial court’s decision.

ISSUE:

Whether or not the damages awarded are improper and excessive.

HELD: Yes.

The trial court erroneously fixed the "death indemnity" at P200,000. The private respondents defended the award in their Opposition to the Motion for Reconsideration by saying that "[i]n the case of Philippine Airlines, Inc. vs. Court of Appeals, 185 SCRA 110, our Supreme Court held that the award of damages for death is computed on the basis of the life expectancy of the deceased." In that case, the "death indemnity" was computed by multiplying the victim's gross annual income by his life expectancy, less his yearly living expenses. Clearly then, the "death indemnity" referred to was the additional indemnity for the loss of earning capacity mentioned in Article 2206(1) of the Civil Code, and not the basic indemnity for death mentioned in the first paragraph thereof. This article provides as follows:

Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. In addition:

(1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death;

We concur with petitioners' view that the trial court intended the award of "P200,000.00 as death indemnity" not as compensation for loss of earning capacity. Even if the trial court intended the award as indemnity for loss of earning capacity, the same must be struck out for lack of basis. There is no evidence on the victim's earning capacity and life expectancy.

Only indemnity for death under the opening paragraph of Article 2206 is due, the amount of which has been fixed by current jurisprudence at P50,000.

The award of P1 million for moral damages to the heirs of Ramon Acuesta has no sufficient basis and is excessive and unreasonable. This was based solely on the testimony of one of the heirs, Atty. Julio Acuesta, x x x. Since the other heirs of the deceased did not take the witness stand, the trial court had no basis for its award of moral damages to those who did not testify thereon.

Moral damages are emphatically not intended to enrich a plaintiff at the expense of the defendant. They are awarded only to allow the former to obtain means, diversion, or amusements that will serve to alleviate the moral suffering he has undergone due to the defendant's culpable action and must, perforce, be proportional to the suffering inflicted. 20 In light of the circumstances in this case, an award of P50,000 for moral damages is in order.

The award of P500,000 for exemplary damages is also excessive. In quasi-delicts, exemplary damages may be awarded if the party at fault acted with gross negligence. The Court of Appeals found that there was gross negligence on the part of petitioner Manilhig. Under Article 2229 of the Civil Code, exemplary damages are imposed by way of example or correction for the public good, in addition to the moral, temperate, liquidated, or compensatory damages. Considering its purpose, it must be fair and reasonable in every case and should not be awarded to unjustly enrich a prevailing party. In the instant case, an award of P50,000 for the purpose would be adequate, fair, and reasonable.

Finally, the award of P50,000 for attorney's fees must be reduced. The general rule is that attorney's fees cannot be recovered as part of damages because of the policy that no premium should be placed on the right to litigate. Stated otherwise, the grant of attorney's fees as part of damages is the exception rather than the rule, as counsel's fees are not awarded every time a party prevails in a suit. Such attorney's fees can be awarded in the cases enumerated in Article 2208 of the Civil Code, and in all cases it must be reasonable. In the instant case, the counsel for the plaintiffs is himself a co-plaintiff; it is then unlikely that he demanded from his brothers and sisters P100,000 as attorney's fees as alleged in the complaint and testified to by him. He did not present any written contract for his fees. He is, however, entitled to a reasonable amount for attorney's fees, considering that exemplary damages are awarded. Among the instances mentioned in Article 2208 of the Civil Code when attorney's fees may be recovered is "(1) when exemplary damages are awarded." Under the circumstances in this case, an award of P25,000 for attorney's fees is reasonable.

The petitioners did not contest the award for actual damages fixed by the trial court. Hence, such award shall stand.

CASE DIGEST (Transportation Law): PNR vs.CA

PNR vs.Court of Appeals

(G.R. No. L-55347 October 4, 1985)

FACTS:

Winifredo Tupang, husband of respondent Rosario Tupang, boarded 'Train No. 516 of petitioner at Libmanan, Camarines Sur, as a paying passenger bound for Manila. Due to some mechanical defect, the train stopped at Sipocot, Camarines Sur, for repairs, taking some two hours before the train could resume its trip to Manila. Unfortunately, upon passing Iyam Bridge at Lucena, Quezon, Winifredo Tupang fell off the train resulting in his death. The train did not stop despite the alarm raised by the other passengers that somebody fell from the train. Instead, the train conductor Perfecto Abrazado, called the station agent at Candelaria, Quezon, and requested for verification of the information. Police authorities of Lucena City were dispatched to the Iyam Bridge where they found the lifeless body of Winifredo Tupang.

Upon complaint filed by the deceased's widow, Rosario Tupang, the then Court of First Instance of Rizal, after trial, held the petitioner PNR liable for damages for breach of contract of carriage and ordered "to pay the plaintiff the sum of P12,000,00 for the death of Winifredo Tupang, plus P20,000.00 for loss of his earning capacity and the further sum of P10,000.00 as moral damages, and P2,000.00 as attorney's fees, and costs.

On appeal, the Appellate Court sustained the holding of the trial court that the PNR did not exercise the utmost diligence required by law of a common carrier. It further increased the amount adjudicated by the trial court by ordering PNR to pay the plaintiff an additional sum of P5,000.00 as exemplary damages.

ISSUE:

Whether or not petitioner is liable as a common carrier.

HELD:

The appellate court found, the petitioner does not deny, that the train boarded by the deceased Winifredo Tupang was so over-crowded that he and many other passengers had no choice but to sit on the open platforms between the coaches of the train. It is likewise undisputed that the train did not even slow down when it approached the Iyam Bridge which was under repair at the time, Neither did the train stop, despite the alarm raised by other passengers that a person had fallen off the train at lyam Bridge.

The petitioner has the obligation to transport its passengers to their destinations and to observe extraordinary diligence in doing so. Death or any injury suffered by any of its passengers gives rise to the presumption that it was negligent in the performance of its obligation under the contract of carriage. Thus, as correctly ruled by the respondent court, the petitioner failed to overthrow such presumption of negligence with clear and convincing evidence.

But while petitioner failed to exercise extraordinary diligence as required by law, 8 it appears that the deceased was chargeable with contributory negligence. Since he opted to sit on the open platform between the coaches of the train, he should have held tightly and tenaciously on the upright metal bar found at the side of said platform to avoid falling off from the speeding train. Such contributory negligence, while not exempting the PNR from liability, nevertheless justified the deletion of the amount adjudicated as moral damages. By the same token, the award of exemplary damages must be set aside. Exemplary damages may be allowed only in cases where the defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent manner. There being no evidence of fraud, malice or bad faith on the part of petitioner, the grant of exemplary damages should be discarded.

WHEREFORE, the decision of the respondent appellate court is hereby modified by eliminating therefrom the amounts of P10,000.00 and P5,000.00 adjudicated as moral and exemplary damages, respectively. No costs.

How to Repair Electric Fans

If your electric fan (stand fan) suddenly stops working, do not discard it yet. You might just be able to fix it and save money by not buying a new one. First, try to feel or sense whether the motor is still running while it is switched on. If not, it is most likely that the motor needs a rewinding. This costs around P 250-P 280 in an ordinary repair shop. Some shops charge P380 to P 480, so ask around if you have a number of them in your area or community.

Electric fans suddenly halting is usually caused by overheating. They need at least two hours of rest a day for them not to overheat.

However, if you sensed that the motor is still functioning even if the blades are not spinning, it may just need an oiling. The motor oil might just have dried up. You can use Singer oil which is available in any supermarket. Detach the cover screen and the blades and drop some oil at the base of the iron bar sticking out (this is where the blades are attached).

For broken blades or other parts,there are shops who sell replacement parts. Ordinary blades cost around P180 apiece.

SEE ALSO: Electric Fan Repair

CASE DIGEST (Transportation Law): Singson vs. CA

SINGSON vs. COURT OF APPEALS and CATHAY PACIFIC AIRWAYS

(G.R. No. 119995. November 18, 1997)

FACTS:

Petitioner CARLOS SINGSON and his cousin Crescentino Tiongson bought from respondent Cathay Pacific Airways two (2) open-dated, identically routed, round trip plane tickets (Manila to LA and vice versa). Each ticket consisted of six (6) flight coupons, each would be detached at the start of each leg of the trip.

Singson failed to obtain a booking in LA for their to Manila; apparently, the coupon corresponding to the 5th leg of the trip was missing and instead the 3rd was still attached. It was not until few days later that the defendant finally was able to arrange for his return to Manila.

Singson commenced an action for damages based on breach of contract of carriage against CATHAY before the Regional Trial Court.

CATHAY alleged that there was no contract of carriage yet existing such that CATHAY’s refusal to immediately book him could not be construed as breach of contract of carriage.

The trial court rendered a decision in favor of petitioner herein holding that CATHAY was guilty of gross negligence amounting to malice and bad faith for which it was adjudged to pay petitioner P20,000.00 for actual damages with interest at the legal rate of twelve percent (12%) per annum from 26 August 1988 when the complaint was filed until fully paid, P500,000.00 for moral damages, P400,000.00 for exemplary damages, P100,000.00 for attorney’s fees, and, to pay the costs.

On appeal by CATHAY, the Court of Appeals reversed the trial court’s finding that there was gross negligence amounting to bad faith or fraud and, accordingly, modified its judgment by deleting the awards for moral and exemplary damages, and the attorney’s fees as well.

ISSUES:

1.) whether a breach of contract was committed by CATHAY when it failed to confirm the booking of petitioner.

2.) whether the carrier was liable not only for actual damages but also for moral and exemplary damages, and attorney’s fees.

HELD:

1.) Yes. x x x the round trip ticket issued by the carrier to the passenger was in itself a complete written contract by and between the carrier and the passenger. It had all the elements of a complete written contract, to wit: (a) the consent of the contracting parties manifested by the fact that the passenger agreed to be transported by the carrier to and from Los Angeles via San Francisco and Hong Kong back to the Philippines, and the carrier’s acceptance to bring him to his destination and then back home; (b) cause or consideration, which was the fare paid by the passenger as stated in his ticket; and, (c) object, which was the transportation of the passenger from the place of departure to the place of destination and back, which are also stated in his ticket. In fact, the contract of carriage in the instant case was already partially executed as the carrier complied with its obligation to transport the passenger to his destination, i.e., Los Angeles. , x x x the loss of the coupon was attributable to the negligence of CATHAY’s agents and was the proximate cause of the non-confirmation of petitioner's return flight.

2.) Yes. x x x Although the rule is that moral damages predicated upon a breach of contract of carriage may only be recoverable in instances where the mishap results in the death of a passenger, or where the carrier is guilty of fraud or bad faith, there are situations where the negligence of the carrier is so gross and reckless as to virtually amount to bad faith, in which case, the passenger likewise becomes entitled to recover moral damages.

x x x these circumstances reflect the carrier’s utter lack of care and sensitivity to the needs of its passengers, clearly constitutive of gross negligence, recklessness and wanton disregard of the rights of the latter, acts evidently indistinguishable or no different from fraud, malice and bad faith. As the rule now stands, where in breaching the contract of carriage the defendant airline is shown to have acted fraudulently, with malice or in bad faith, the award of moral and exemplary damages, in addition to actual damages, is proper.

However, the P500,000.00 moral damages and P400,000.00 exemplary damages awarded by the trial court have to be reduced. The well-entrenched principle is that the grant of moral damages depends upon the discretion of the court based on the circumstances of each case. This discretion is limited by the principle that the "amount awarded should not be palpably and scandalously excessive" as to indicate that it was the result of prejudice or corruption on the part of the trial court. Damages are not intended to enrich the complainant at the expense of the defendant. They are awarded only to alleviate the moral suffering that the injured party had undergone by reason of the defendant's culpable action. There is no hard-and-fast rule in the determination of what would be a fair amount of moral damages since each case must be governed by its own peculiar facts.

In the instant case, the injury suffered by petitioner is not so serious or extensive as to warrant an award amounting to P900,000.00. The assessment of P200,000.00 as moral damages and P50,000.00 as exemplary damages in his favor is, in our view, reasonable and realistic.

On the issue of actual damages, we agree with the Court of Appeals that the amount of P20,000.00 granted by the trial court to petitioner should not be disturbed.

As regards attorney's fees, they may be awarded when the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. It was therefore erroneous for the Court of Appeals to delete the award made by the trial court; consequently, petitioner should be awarded attorney's fees and the amount of P25,000.00, instead of P100,000.00 earlier awarded, may be considered rational, fair and reasonable.

CASE DIGEST (Transportation Law): PAL. vs. C.A.

Philippine Air Lines vs. Court of Appeals

GR 120262, 17 July 1997)

FACTS:

On 23 October 1988, Leovigildo A. Pantejo, then City Fiscal of Surigao City, boarded a PAL plane in Manila and disembarked in Cebu City where he was supposed to take his connecting flight to Surigao City. However, due to typhoon Osang, the connecting flight to Surigao City was cancelled. To accommodate the needs of its stranded passengers, PAL initially gave out cash assistance of P 100.00 and, the next day, P200.00, for their expected stay of 2 days in Cebu. Pantejo requested instead that he be billeted in a hotel at the PAL’s expense because he did not have cash with him at that time, but PAL refused. Thus, Pantejo was forced to seek and accept the generosity of a co-passenger, an engineer named Andoni Dumlao, and he shared a room with the latter at Sky View Hotel with the promise to pay his share of the expenses upon reaching Surigao. On 25 October 1988 when the flight for Surigao was resumed, Pantejo came to know that the hotel expenses of his co-passengers, one Superintendent Ernesto Gonzales and a certain Mrs. Gloria Rocha, an Auditor of the Philippine National Bank, were reimbursed by PAL. At this point, Pantejo informed Oscar Jereza, PAL’s Manager for Departure Services at Mactan Airport and who was in charge of cancelled flights, that he was going to sue the airline for discriminating against him. It was only then that Jereza offered to pay Pantejo P300.00 which, due to the ordeal and anguish he had undergone, the latter declined.

Pantejo filed a suit for damages against PAL with the RTC of Surigao City which, after trial, rendered judgment, ordering PAL to pay Pantejo P300.00 for actual damages, P150,000.00 as moral damages, P100,000.00 as exemplary damages, P15,000.00 as attorney’s fees, and 6% interest from the time of the filing of the complaint until said amounts shall have been fully paid, plus costs of suit.

On appeal, the appellate court affirmed the decision of the court a quo, but with the exclusion of the award of attorney’s fees and litigation expenses.

The Supreme Court affirmed the challenged judgment of Court of Appeals, subject to the modification regarding the computation of the 6% legal rate of interest on the monetary awards granted therein to Pantejo.

ISSUE:

Whether petitioner airlines acted in bad faith when it failed and refused to provide hotel accommodations for respondent Pantejo or to reimburse him for hotel expenses incurred by reason of the cancellation of its connecting flight to Surigao City due to force majeur.

HELD:
A contract to transport passengers is quite different in kind and degree from any other contractual relation, and this is because of the relation which an air carrier sustains with the public. Its business is mainly with the travelling public. It invites people to avail of the comforts and advantages it offers. The contract of air carriage, therefore, generates a relation attended with a public duty. Neglect or malfeasance of the carrier’s employees naturally could give ground for an action for damages.

The discriminatory act of PAL against Pantejo ineludibly makes the former liable for moral damages under Article 21 in relation to Article 2219 (10) of the Civil Code. As held in Alitalia Airways vs. CA, et al., such inattention to and lack of care by the airline for the interest of its passengers who are entitled to its utmost consideration, particularly as to their convenience, amount to bad faith which entitles the passenger to the award of moral damages.

Moral damages are emphatically not intended to enrich a plaintiff at the expense of the defendant. They are awarded only to allow the former to obtain means, diversion, or amusements that will serve to alleviate the moral suffering he has undergone due to the defendant’s culpable action and must, perforce, be proportional to the suffering inflicted. However, substantial damages do not translate into excessive damages. Herein, except for attorney’s fees and costs of suit, it will be noted that the Courts of Appeals affirmed point by point the factual findings of the lower court upon which the award of damages had been based.

The interest of 6% imposed by the court should be computed from the date of rendition of judgment and not from the filing of the complaint.

The rule has been laid down in Eastern Shipping Lines, Inc. vs. Court of Appeals, et. al. that “when an obligation, not constituting a loan or forbearance of money, is breached, an interest on the amount of damages awarded may be imposed at the discretion of the court at the rate of 6% per annum. No interest, however, shall be adjudged on unliquidated claims or damages except when or until the demand can be established with reasonable certainty. Accordingly, where the demand is established with reasonable certainty, the interest shall begin to run from the time the claim is made judicially or extrajudicially (Art. 1169, Civil Code) but when such certainty cannot be so reasonably established at the time the demand is made, the interest shall begin to run only from the date the judgment of the court is made (at which time the quantification of damages may be deemed to have been reasonably ascertained). The actual base for the computation of legal interest shall, in any case, be on the amount finally adjudged.” This is because at the time of the filling of the complaint, the amount of the damages to which Pantejo may be entitled remains unliquidated and not known, until it is definitely ascertained, assessed and determined by the court, and only after the presentation of proof thereon.

CASE DIGEST (Transportation Law): Bacarro vs. Castano

Bacarro vs. Castano

(GR L-34597, 5 November 1982)

FACTS:

Respondent Castano boarded a jeep driven by Petitioner Montefalcon who thereafter drove it at around 40 kilometers per hour. While approaching Sumasap Bridge at the said speed, a cargo truck coming from behind, blowing its horn to signal its intention to overtake the jeep. The jeep, without changing its speed, gave way by swerving to the right, such that both vehicles ran side by side for a distance of around 20 meters. Thereafter as the jeep was left behind, its driver was unable to return it to its former lane and instead it obliquely or diagonally ran down an inclined terrain towards the right until it fell into a ditch pinning down and crushing Castano’s right leg in the process.

Castano filed a case for damages against Rosita Bacarro, William Sevilla, and Felario Montefalcon. Defendants alleged that the jeepney was sideswiped by the overtaking cargo truck. After trial, the CFI of Misamis Oriental ordered Bacarro, et.al. to jointly and severally pay Castano. It was affirmed by the CA upon appeal.

ISSUES:

1. Whether or not there was a contributory negligence on the part of the jeepney driver.
2. Whether or not extraordinary diligence is required of the jeepney driver.
3. Whether or not the sideswiping is a fortuitous event.

HELD:

1.) Yes. X x x. The fact is, petitioner-driver Montefalcon did not slacken his speed but instead continued to run the jeep at about forty (40) kilometers per hour even at the time the overtaking cargo truck was running side by side for about twenty (20) meters and at which time he even shouted to the driver of the truck.

Thus, had Montefalcon slackened the speed of the jeep at the time the truck was overtaking it, instead of running side by side with the cargo truck, there would have been no contact and accident. He should have foreseen that at the speed he was running, the vehicles were getting nearer the bridge and as the road was getting narrower the truck would be to close to the jeep and would eventually sideswiped it. Otherwise stated, he should have slackened his jeep when he swerved it to the right to give way to the truck because the two vehicles could not cross the bridge at the same time.

2.) Yes. x x x [T]he fact is, there was a contract of carriage between the private respondent and the herein petitioners in which case the Court of Appeals correctly applied Articles 1733, 1755 and 1766 of the Civil Code which require the exercise of extraordinary diligence on the part of petitioner Montefalcon.

Indeed, the hazards of modern transportation demand extraordinary diligence. A common carrier is vested with public interest. Under the new Civil Code, instead of being required to exercise mere ordinary diligence a common carrier is exhorted to carry the passengers safely as far as human care and foresight can provide "using the utmost diligence of very cautious persons." (Article 1755). Once a passenger in the course of travel is injured, or does not reach his destination safely, the carrier and driver are presumed to be at fault.

3.) The third assigned error of the petitioners would find fault upon respondent court in not freeing petitioners from any liability, since the accident was due to a fortuitous event. But, We repeat that the alleged fortuitous event in this case - the sideswiping of the jeepney by the cargo truck, was something which could have been avoided considering the narrowness of the Sumasap Bridge which was not wide enough to admit two vehicles. As found by the Court of Appeals, Montefalcon contributed to the occurrence of the mishap.

CASE DIGEST (Transportation Law): Barrios vs. Go Thong

Barrios vs. Go Thong

GR L-17192, 30 March 1963)

FACTS:
Petitioner Honorio Barrios, captain and/or master of the MV Henry I, received or otherwise intercepted an S.O.S. distress signal by blinkers from the MV Alfredo, owned and/or operated by respondent Carlos Go Thong & Company. Thereafter, he altered the course of said vessel, and steered and headed towards the beckoning MV Don Alfredo, which Barrios found to be in trouble, due to engine failure and the loss of her propeller. Upon getting close to the MV Don Alfreco, with the consent and knowledge of the captain and/or master of the MV Don Alfredo, Barrios caused the latter vessel to be tied to, or well-secured and connected with tow lines from the MV Henry, and proceeded moving until such time that a sister ship of MV Don Alfredo was sighted so that the tow lines were also released.

Brought to the CFI of Manila, the court therein dismissed the case; with cost against Barrios. Barrios interposed an appeal.

ISSUE:
Whether under the facts of the case, the service rendered by plaintiff to defendant constituted "salvage" or "towage", and if so, whether plaintiff may recover from defendant compensation for such service.

HELD:
It is not a salvage service.

Salvage defined
“Salvage” has been defined as “the compensation allowed to persons by whose assistance a ship or her cargo has been saved, in whole or in part, from impending peril on the sea, or in recovering such property from actual loss, as in case of shipwreck, derelict, or recapture.”

Elements for a valid salvage claim; Erlanger & Galinger case
In the Erlanger & Galinger case, it was held that three elements are necessary to a valid salvage claim, namely, (1) a marine peril, (2) service voluntarily rendered when not required as an existing duty or from a special contract, and (3) success in whole or in part, or that the service rendered contributed to such success.

No marine peril to justify valid salvage claim
There was no marine peril to justify a valid salvage claim by Barrios against Go Thong. It appears that although Go Thong’s vessel in question was, on the night of 1 May 1958, in a helpless condition due to engine failure, it did not drift too far from the place where it was. The weather was fair, clear, and good. The waves were small and too slight, so much so, that there were only ripples on the sea, which was quite smooth. During the towing of the vessel on the same night, there was moonlight. Although said vessel was drifting towards the open sea, there was no danger of its foundering or being stranded, as it was far from any island or rocks. In case of danger of stranding, its anchor could be released, to prevent such occurrence. There was no danger that Go Thong’s vessel would sink in view of the smoothness of the sea and the fairness of the weather. That there was absence of danger is shown by the fact that said vessel or its crew did not even find it necessary to lower its launch and two motor boats, in order to evacuate its passengers aboard. Neither did they find occasion to jettison the vessel’s cargo as a safety measure. Neither the passengers nor the cargo were in danger of perishing. All that the vessel’s crew members could not do was to move the vessel on its own power. That did not make the vessel a quasi-derelict.

Contract of towage perfected even without written agreement
Herein, in consenting to Barrios’ offer to tow the vessel, Go Thong (through the captain of its vessel MV Don Alfredo) thereby impliedly entered into a juridical relation of “towage” with the owner of the vessel MV Henry I, captained by Barrios, the William Lines.

Only owner entitled to remuneration in towage
If the contract thus created is one for towage, then only the owner of the towing vessel, to the exclusion of the crew of the said vessel, may be entitled to remuneration. The courts have to draw a distinct line between salvage and towage; for the reason that a reward ought sometimes to be given to the crew of the salvage vessel and to other participants in salvage services, and such reward should not be given if the services were held to be merely towage. The master and members of the crew of a tug were not entitled to participate in payment by liberty ship for services rendered by tug which were towage services and not salvage services. The distinction between salvage and towage is of importance to the crew of the salvaging ship, for the following reasons: If the contract for towage is in fact towage, then the crew does not have any interest or rights in the remuneration pursuant to the contract. But if the owners of the respective vessels are of a salvage nature, the crew of the salvaging ship is entitled to salvage, and can look to the salved vessel for its share.

Equity cannot be resorted if there is an express provision of law
Barrios cannot invoke equity in support of his claim for compensation against Go Thong. There being an express provision of law (Art. 2142, Civil Code) applicable to the relationship created in the case, i.e. that of a quasi-contract of towage where the crew is not entitled to compensation separate from that of the vessel, there is no occasion to resort to equitable considerations.

Sample MCQ Bar Questions

Sample MCQ bar exam questions

Multiple Choice Exam

This Sample Multiple Choice Questions (MCQ) for bar examinations will be updated from time to time.

Answers are provided after each bar subject.

POLITICAL LAW -- 15%

1.) What vote is required for Congress to submit to the electorate the question of calling a constitutional convention?

A. A vote of two-thirds of all its Members.
B. A vote of two-thirds of a quorum.
C. A majority vote of all its Members.
D. A majority vote of a quorum.

2.) The Supreme Court will entertain a constitutional question only if it is determinative of the case itself because

A. it would prejudice the administration of justice.
B. the separation of powers demands respect due the other departments.
C. the Court would not have acquired jurisdiction over the case.
D. there is no actual case or controversy that justifies such a review.

3.) Which is unconstitutional for being an invalid exercise of police power?

A. A law prohibiting the use of motor vehicles on certain days of the week.
B. A law imposing rent control.
C. A law prescribing minimum standards for the practice of the engineering profession.
D. A law prohibiting the sale of cigarettes to young men and women ages 18 to 25.


4.) An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.


A. estate
B. de jure partnership
C. implied trust
D. corporation

Answers: 1.) C 2.) B 3.) D 4.) D

LABOR LAW -- 10%

Labor Standards
1.) This is issued by DOLE authorizing a person or entity to operate a private employment agency.

a. License
b. Document
c. Authority
d. Charter party

2.) The following may engage in the recruitment and placement of workers, locally and overseas, except:

a. Public employment offices
b. Private employment agencies
c. Shipping or manning agents
d. Local employment agencies

3.) Direct hiring of Filipino workers for overseas employment is not allowed. The following are not covered by this rule, except:

a. Members of the diplomatic corps
b. International organizations
c. Multinational Corporations
d. Name hirees

4.) The accused X and Y represented themselves to complainants A and B to have the capacity to send workers abroad, although they did not have any authority or license. It is by this representation that they induced complainants to pay a placement fee. X and Y may also be liable for

a. Illegal recruitment by economic sabotage
b. Illegal recruitment in large scale
c. Syndicated Illegal recruitment
d. Estafa

5.) The Labor Code applies to:

a. Employees in a government corporation incorporated under the Corporation Code
b. International Agencies
c. Employees of government corporations created by special or original charter
d. Government employees

6.) Which of the following is the most essential element without which there is no employer-employee relationship.

a. Hiring
b. Control
c. Firing
d. Payment of wages

7.) Who has jurisdication over all money claims of overseas filipino workers arising from employer-employee relationship?

a. labor arbiters
b. POEA
c. regular courts
d. voluntary arbitrators

8.) A Filipino serviceman who is working in a US military installation in Pakistan is mandatorily required by law to remit to his family or dependents in the Philippines ____ of his foreign exchange earnings.

a. 70 per cent
b. 50 per cent
c. 80 per cent
d. none

9.) Illegal recruitment involving economic sabotage prescribes in:

a. 10 years
b. 20 years
c. 5 years
d. imprescriptible

10.) Being the judge of the trial court, you found the accused Jonie guilty of simple illegal recruitment. The proper penalty you would impose would be

a. life imprisonment
b. prision correctional
c. prision mayor
d. destierro


11.) Statement A - A company that exercises its prerogative to dismiss is not allowed to turn around and deny employee-employer relationship.

Statement B - Alleging abandonment indicates employer-employee relationship.

a.) Both statements are true
b.) Both statements are false
c.) Only statement A is true
d.) Only statement B is true

12.) Statement A - It is the employer’s duty to inform the probationary employee reasonable work standards.

Statement B -The employer may terminate the services of probationary employee without valid cause as long as such termination is done within the six month trial period.

a) Both statements are true
b) Both statements are false
c) Only statement A is true
d) Only statement B is true


Answers: 1.) a 2.) d 3.) c 4.) d 5.) b 6.) b 7.) a 8.) d 9.) b 10.) c 11.) a 12.) c


1. The government-owned and –controlled corporations “with original charter” refer to corporations chartered by special law distinguished from corporations organized under our general incorporation statute, the Corporation Code. Thus, under the present state of the law, GOCCs with original charter are subject to what law?

A. Labor Code
B. Corporation Code
C. Civil Service Law
D. Civil Service Rules

2. In the case of Euro-Linea Phils. Inc. vs. National Labor Relations Commission, it was held that in interpreting the Constitution’s protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts what approach which favors the exercise of labor rights?

A. Labor’s Welfare
B. Liberal’s Approach
C. Liberal Worker’s Approach
D. Laborer’s Approach

3. There are important principles for the entitlement to Maternity Leave under the SSS law. One of this is:

A. Full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application
B. Full payment shall be advanced by the employer within 15 days from the filing of the maternity leave application
C. Maternity benefits shall be paid only for the first 2 deliveries of miscarriages
D. Maternity benefits shall be paid only for the first 5 deliveries of miscarriages

4. Under RA 9262 on Battered Woman Leave, it provides that an employee is entitled to a paid leave of up to 10 days in addition to other paid leaves under the Labor Code, other laws and company policies, provided the following requisites must be present, except for one invalid requisite:

A. Employee is a woman
B. She is a victim of physical, sexual or psychological violence
C. She applies for the issuance of the protection order
D. She can claim administrative and court order to claim such leave

5. Under RA 8187 on Paternity Leave Act of 1996, paternity leave refers to the benefits granted to the following employees:

A. Both male and female employees in public sectors only
B. Both male and female employees in private sectors only
C. All married male employees in the public and privates sectors
D. All married male employees in the private sectors

6. Anti-Sexual Harassment Act is committed by any person having:

A. Authority or Influence
B. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any lascivious favor which would result in a hostile or offensive environment
C. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands money which would result in a hostile or offensive environment
D. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any sexual favor which would result in a hostile or offensive environment

7. Anti-Child Abuse Act, or otherwise known as, “An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, providing Penalties for its Violation and for Other Purposes,” was strengthened by what Republic Act?

A. RA 7658
B. RA 7758
C. RA 7856
D. RA 7652

8. In Article 151 of the Labor Code, it implied that since the relationship between the employer and the househelper is a fiduciary one, the Court cannot order the employer to re-hire the househelper, even if the latter was unjustly dismissed. Is this valid?

A. No, the employer cannot re-hire the househelper
B. No, the employer can indemnify the househelper
C. Yes, the Court can order the employer to re-hire the househelper
D. Yes, the Court cannot order the employer to re-hire the househelper, by operation of the law

9. All rights and benefits granted to workers under the Labor Code shall, except as may otherwise be provided in the Code, apply alike to all workers, whether:

A. Agricultural or commercial
B. Agricultural or industrial
C. Agricultural or non-agricultural
D. Non-industrial or non-commercial

10. Complaints for violation of labor standards and the terms and conditions of employment involving money claims of homeworkers exceeding PhP5,000 per homeworker shall be heard and decided by the:

A. Regional Director
B. Labor Arbiter in the NLRC
C. Secretary of Labor
D. Homeworkers Union

11. In the case of People v. Panis, which defined “Recruitment and Placement” in Article 13 (b), the Court ruled that:

(a) That the number of persons is an essential ingredient of the act of recruitment and placement of workers.
(b) That the number of persons is not an essential ingredient of the act of recruitment and placement of workers.
(c) That the number of workers is essential to the employment.
(d) That the number of workers are not essential to the employment.

12. To pursue its responsibility to promote employment opportunities, the DOLE carries out programs for local and overseas employment. However, effective allocation of manpower resources in local employment is assigned to the:

(a) National Labor Relations Commission (NLRC)
(b) Philippine Overseas Employment Administration (POEA)
(c) Bureau of Local Employment (BLE)
(d) Department of Labor and Employment (DOLE)

13. It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities. If the company/industry has one hundred (100) employees and exceeds to three hundred (300), what does the provision stipulates?

(a) The services of full-time physician, dentist and a full-time registered nurse as well as a dental clinic, and an infirmary or emergency hospital with one bed capacity.
(b) The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic.
(c) The services of a full-time registered nurse.
(d) None of the above

14. Which of the following is NOT a policy of the State?

(a) To promote and maintain a state of full employment through improved manpower training, allocation and utilization.
(b) To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and condition of employment.
(c) To facilitate a free choice of available employment by persons seeking work in conformity with the national interest.
(d) To ignore the movement of workers in conformity with the national interest.

15. Article 40 requires only non-resident aliens to secure employment permit. Resident aliens are not required. For immigrants and resident aliens what is required is an:

(a) Employer-Employee Contract
(b) Alien Permit
(c) Alien Employment Registration Certificate
(d) Business Permit

16. Apprenticeship is the arrangement and the period when an upcoming worker undergoes hands-on training, more or less formal, to learn the ropes of a skilled job. This program aims to:

(a) help meet the demand of the economy for trained manpower.
(b) establish a national apprenticeship program through the participation of employers, workers and government and non-government agencies.
(c) establish apprenticeship standards for the protection of apprentices.
(d) All of the Above

17. When the death of a seaman resulted from a deliberate or willful act on his own life, and it is directly attributable to the seaman himself, such death is:

(a) not compensable
(b) compensable
(c) maybe compensable
(d) valid
18. Who are NOT covered by the 24-Hour Duty Doctrine?

(a) Soldiers
(b) Doctors
(c) Policemen
(d) Peace Officers

19. Rafael was dismissed from overseas employment without just, valid or authorized cause, can he claim full reimbursement of his placement fee? And can he obtain other benefits, if any?

(a) None, because of premature termination of contract.
(b) Yes, he can claim full reimbursement of his placement fee without other benefits.
(c) Yes, he can claim full reimbursement of his placement fee with interest at 12% per annum, plus his salary for the unexpired portion of his employment
(d) None of the above

20.) Maria is a domestic helper of a Filipino business tycoon based in California, USA where she complains about money claims. The Labor Code, under the Migrant Workers’ Law, do the statute and regulations limit the coverage to non-Filipino or alien employers only?

(a) No, because nationality is immaterial
(b) Yes, because aliens are the ones covered under the law
(c) All of the above
(d) None of the Above


CIVIL LAW -- 15%

1. The majority age begins at the age of

A. 21
B. 20
C. 18
D. 16

2. Who may solemnize marriage anywhere in the Philippines?

A. A Consul-general
B. A Court of Appeals justice
C. A ship captain
D. A military commander

3.To be enforceable, when must a contract comply with the Statute of Frauds? When by its terms it is to be performed beyond

A. a year from its making.
B. 5 years from its making.
C. a year from its ratification.
D. 5 years from its ratification.

4.) An uninterrupted possession for a statutory period of time without the need of just title and good faith are requisites for

A. laches.
B. prescription of actions.
C. ordinary acquisitive prescription.
D. extraordinary acquisitive prescription.

5.) Sonny, a Filipino citizen, obtained in a divorce in Canada from his wife, Lulu, also a Filipino citizen. Is the divorce valid and binding?

A. It is not since Philippine law binds Filipinos abroad and it does not permit divorce.
B. It is since Philippine law does not operate in Canada.
C. It is not since Philippine law is recognized in Canada.
D. It is since international law demands local recognition of foreign acts.

6.) In a case, a very old woman executed a will. A friend, a cousin, and a notary public came to witness the will. Due to old age she thumbmarked the will instead of signing it. The friend signed the pages on the right margin, thinking it looked better. The cousin did not see this because his eyes were on a painting that hanged on a nearby wall. Finally, the notary public notarized the will. The will is invalid because

A. the cousin looked away just as the friend was signing the will.
B. the testator failed to subscribe the will.
C. the friend signed at the right margin.
D. of lack of sufficient witnesses.

Answers: 1.) C 2.) B 3.) A 4.) D 5.) A 6.) D

TAXATION -- 10%

1.) Fringe Benefit Tax is payable by the
A. Employee
B. Donor
C. Employer
D. Beneficiary

2.) The following can claim for a tax credit, except
A. Citizen
B. Beneficiary of an estate or trust
C. Member of a General Professional Partnership
D. Foreign corporation

3.) Optional Standard Deduction is applicable to all individuals except
A. Resident Aliens
B. Non-resident aliens
C. Resident Citizens
D. Non-resident Citizen

4.) A fringe benefit may be subject to fringe benefit tax if received by
A. any employee
B. rank and file employees
C. managerial employees
D. Stockholders

5.) A laundry allowance of P300 per month is an example of
A. fringe benefit
B. allowance
C. tax benefit
D. de minimis benefit

6.) Which of the following forms part of the stages of taxation?
A. payment and filing
B. filing and collection
C. withholding and levying
D. assessment and payment
7.) Any good, service or other benefit furnished or granted in cash or in kind by an employer to an individual employee refers to
A. de minimis benefit
B. company benefit
C. fringe benefit
D. annuity

8.) Fringe benefit tax is imposed on the fringe benefit's
A. fair market value
B. actual monetary value
C. grossed-up monetary value
D. assessed value

9.) The following fringe benefits are not taxable except
A. fringe benefits which are authorized and exempted from tax under special laws
B. life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows
C. benefits given to the rank and file employees, whether granted under a collective bargaining agreement or not
D. de minimis benefits

10.) Deductions from gross income are not allowed to taxpayers earning compensation income arising from personal services rendered under an employer-employee relationship, except
A. bad debts
B. ordinary and necessary trade, business or professional expenses
C. charitable and other contributions
D. premium payments on health and/or hospitalization insurance of an individual taxpayer

11.) X is a Brazilian citizen working as a host and model in a local television show here in the Philippines. X is therefore taxable as a
A. non resident alien engaged in trade or business
B. resident alien
C. foreign citizen
D. resident citizen

12.) The following dividends are taxable except
A. property dividends
B. liquidating dividends
C. cash dividends
D. stock dividends

13.) Under the tax code, the following are income taxpayers, except:

a. GOCC
b. Estate and Trust
c. Min wage income earners
d. non-resident foreign corp.

Answers: 1.) C 2.) D 3.) B 4.) C 5.) D 6.) D 7.) C 8.) C 9.) B 10.) D 11.) B 12.) B 13.) c

MERCANTILE LAW (COMMERCIAL LAW) -- 15%

1.) The bank deposit secrecy law bars all inquiries into a bank deposit. A deposit may, however, be looked into

A. after prior notice to the depositor.
B. upon court order in annulment of marriage cases.
C. in cases of impeachment.
D. on motion in a bribery case.

2.) A draws a bill payable to B or order with X, as the drawee. The bill was successively endorsed to C, D, E and F, holder. X does not pay and F has duly protested non-payment. Y pays for the honor of C. Which of the following statement is wrong?

A. D is discharged.
B. E is discharged.
C. C is discharged.
D. Y can ask reimbursement from A.

3.) When an endorser waives presentment and notice of dishonor, he increases his liability. His endorsement is:

A. Facultative endorsement
B. Qualified endorsement
C. Alternative endorsement
D. Restrictive endorsement

4.) Ariel issued a note to Brando. There was a total failure of consideration. Brando issued the note for consideration to Cecil who is a holder in due course. Cecil indorsed the note to David who knew of the failure of consideration. Can David successfully collect from Ariel?

A. No, because David knew the failure of consideration.
B. No, although David acquired the rights of Cecil, a holder in due course and he was not a party to any illegality.
C. Yes, because David acquired the note for consideration.
D. No, because David is not a holder in due course.

5.) The SEC, after notice and hearing, may dissolve a corporation upon filing of a verified petition for the dissolution, on grounds provided by law. Which of the following statement is not correct?

a. In case of deadlock in the management of the affairs and business of a close corporation, the SEC, upon written petition by any stockholder, shall have the power to make such order as it deems appropriate, including an order dissolving the corporation.
b. Any stockholder of a corporation may, by written petition to the SEC, compel the dissolution of the corporation whenever any acts of its directors, officers or those in control of the corporation is illegal, fraudulent or dishonest.
c. The SEC can automatically issue a certificate of dissolution in case a corporation filed for its dissolution and there are creditors affected provided that majority of the board of directors or trustee consented to such action.
d. The SEC, after notice and hearing, may dissolve a corporation in case there are violations of the provisions of the Corporation Code not specially penalized therein.

6.) Which of the following will cause the automatic dissolution of a corporation?

a. Commission by the corporation of an ultra vires act
b. Continuous non-operation for a period of at least 5 years
c. Refusal to comply with or defiance of any lawful order of the SEC restraining commission of acts which would amount to grave violation of its franchise
d. None of the above

7.) SUJU Corporation, through its Board of Directors and with the unanimous approval of the stockholders declared to grant stock dividends to its stockholders for the year 2008 amounting to 79 Billion Pesos. After examining the books and other records of the corporation, Sungmin Lee, Vice President for Finance, discovered that the authorized capital stock of the Corporation is almost depleted, that is – almost all were already issued and the remaining cannot accommodate the needed stocks for stock dividend distribution. The Corporation though was liquid in cash and has retained earnings amounting to 365 Billion Pesos. How should the Board of Directors of SUJU Corporation best act on it?
 
a. Issue a Board Resolution deferring the distribution of dividends for the said year.
b. Increase the authorized capital stock and amend the Articles of Incorporation of SUJU Corporation to cater to the needed stocks for stock dividend distribution.
c. Divide the remaining unissued stocks pro rata to the stockholders as stock dividends.
d. Recall its previous Resolution declaring stock dividends and in its stead, issue another Resolution declaring cash dividends for year 2008.

8.) FYI Corporation has increased its capital stock and new shares of stock are issued. The stockholders of FYI Corp wish to exercise their pre-emptive right regarding the shares to be issued. Which of the following shares does a pre-emptive right of stockholders extends?

a. to shares to be issued in compliance with laws requiring stock offerings or minimum stock ownership by the public
b. to shares to be issued in good faith with the approval of stockholders representing 2/3 of the outstanding capital stock in exchange for property needed for corporate purposes
c. to shares to be issued in good faith with the approval of the stockholders representing 2/3 of the outstanding capital stock in payment of previously contracted debt
d. treasury shares reacquired using the funds from the surplus profits of the corporation which could have been declared as dividends

9.) The following instances are considered as “indicators” that a foreign corporation is “transacting business” in the Philippines, even without securing a license, except

a. Soliciting orders, purchases and service contracts
b. Subscribing shares of stock from a domestic corporation
c. Engaging into continuous business acts or transactions
d. Participating in the management, supervision or control of any domestic business firm, entity or corporation in the Philippines

10.) Which among the following is not a necessary result or consequence when a foreign corporation secures a license and/or registers?

A. the foreign corporation can do regular business in the Philippines
B. the foreign corporation can avail the aid of the Philippine courts and sue
C. the foreign corporation may be sued in any regular court for any valid cause of action recognized under Philippine laws.
D. the foreign corporation can intervene in any action, suit or proceeding in any court or administrative agency

11.)Assuming all the other requisites of negotiability are present, which of the following instruments is NOT payable to bearer?

a. "Pay to the order of Cash."
b "Pay to the order of Jose Rizal, national hero."
c. "Pay to Pedro Padernal, bearer."
d. "Pay to Pedro Padernal or bearer."

12.) Unless the by-laws provide otherwise, written notice of regular meetings shall be sent to all stock holders of record:

a. at least one day prior to the meeting
b. at least two days prior to the meeting
c. at least one week prior to the meeting
d. at least two weeks prior to the meeting

Answers: 1.) c 2.) c 3.) a 4.) c 5.) d 6.) d 7.) b 8.) d 9.) b 10.) b 11.) c 12.) d

CRIMINAL LAW -- 10%

1. Badong, with evident premeditation and treachery killed his father. What was the crime committed?

a. Murder
b. Parricide
c. Homicide
d. Qualified Homicide

2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Totoy keep unlicensed firearms in his home. What was the crime committed by PO3 Bagsik?

a. Trespass to Dwelling
b. Violation of Domicile
c. Usurpation Of Authority
d. Forcible Trespassing

3. Berung and Betang had been married for more than six months. They live together with the children of Betang from her first husband. Berung had sexual relationship with Bea, the 14 year old daughter of Betang. Bea love Berung very much. What was the crime committed by Berung, if any?

a. Simple Seduction
b. Qualified Seduction
c. Consented Abduction
d. Rape

4. Prof. Dabcat gave a failing grade to one of his students, Sixto. When the two met the following day, Sixto slapped Prof. Dabcat on the face. What was the crime committed by Sixto?

a. Corruption of Public Officials
b. Direct Assault
c. Slight Physical Injuries
d. Grave Coercion

5. A warrant of arrest was issued against Pekto for the killing of his parents. When PO2 Tapang tried to arrest him, Pekto gave him 1 million Pesos to set him free. PO2 Tapang refrained in arresting Pekto. What was the crime committed by PO2 Tapang?

a. Indirect Bribery
b. Direct Bribery
c. Corruption of Public Officials
d. Qualified Bribery

6. Exemption to the hearsay rule made under the consciousness of an impending death.

a. parol evidence b. ante mortem statement
c. suicide note d. dead man statute

7. The meaning of factum probans.

a. preponderance of evidence
b. ultimate fact
c. evidentiary fact
d. sufficiency of evidence

8. It refers to family history or descent transmitted from one generation to another.

a. inheritance
b. heritage
c. pedigree
d. culture

9. The authority of the court to take cognisance of the case in the first instance.

a. Appellate Jurisdiction
b. General Jurisdiction
c. Original Jurisdiction
d. Exclusive Jurisdiction

10. A person designated by the court to assist destitute litigants.

a. Counsel de officio
b. Attorney on record
c. Attorney at law
d. Special counsel

11. Which of the following is not covered by the Rules on Summary Procedure?

a. Violation of rental laws
b. Violation of traffic laws
c. The penalty is more than six months of imprisonment
d. The penalty does not exceed 6 months imprisonment

12. It refers to a territorial unit where the power of the court is to be exercised.

a. jurisdiction b. jurisprudence
c. venue d. bench

13. The Anti-Bouncing Check Law.

a. RA 6425 b. RA 8353
c. BP 22 d. RA 6975

14. The taking of another person’s personal property, with intent to gain, by means of force and intimidation.

a. qualified theft b. robbery
c. theft d. malicious mischief

15. Felony committed when a person compels another by means of force, violence or intimidation to do something against his will, whether right or wrong.

a. grave threat b. grave coercion
c. direct assault d. slander by deed

16. Persons having no apparent means of subsistence but has the physical ability to work and neglects to apply himself or herself to lawful calling.

a. pimps b. prostitutes
c. gang members d. vagrants

17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and insult.

a. tumultuous b. charivari
c. sedition d. scandal

18. The unauthorized act of a public officer who compels another person to change his residence.

a. violation of domicile b. arbitrary detention
c. expulsion d. direct assault

19. The deprivation of a private person of the liberty of another person without legal grounds.

a. illegal detention b. arbitrary detention
c. forcible abduction d. forcible detention

20. An offense committed by a married woman through carnal knowledge with a man not her husband who knows her to be married, although the marriage be later declared void.

a. concubinage b. bigamy
c. adultery d. immorality

21. Age of absolute irresponsibility in the commission of a crime.

a. 15-18 years old b. 18-70 years old
c. 9 years old and below d. between 9 & 15 years old

22. Those who, not being principals cooperate in the execution of the offense by previous or simultaneous acts.

a. accomplices b. suspects
c. principal actors d. accessories

23. The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time fixed by law.

a. prescription of crime
b. prescription of prosecution
c. prescription of judgement
d. prescription of penalty

24. A kind of executive clemency whereby the execution of penalty is suspended.

a. pardon b. commutation
c. amnesty d. reprieve

25. Infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of the society.

a. mala prohibita b. mala in se
c. private crimes d. public crimes

26. Felony committed by a public officer who agrees to commit an act in consideration of a gift and this act is connected with the discharge of his public duties.

a. qualified bribery b. direct bribery
c. estafa d. indirect bribery

27. The wilful and corrupt assertion of falsehood under oath of affirmation, administered by authority of law on a material matter.

a. libel b. falsification
c. perjury d. slander

28. Deliberate planning of act before execution.

a. treachery b. evident premeditation
c. ignominy d. cruelty

29. Whenever more than 3 armed malefactors shall have acted together in the commission of a crime.

a. gang b. conspiracy
c. band d. piracy

30. The failure to perform a positive duty which one is bound to.

a. negligence b. imprudence
c. omission d. act

31. Ways and means are employed for the purpose of trapping and capturing the law breaker in the execution of his criminal plan.

a. misfeasance b. entrapment
c. inducement d. instigation

32. Those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.

a. impossible crimes
b. aggravating circumstances
c. absolutory causes
d. complex crimes

33. An alternative circumstance.

a. insanity b. intoxication
c. passion or obfuscation d. evident premeditation

34. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for him?

a. a plea of not guilty b. a plea of guilty
c. a plea of mercy d.plea of surrender

35. At what time may the accused move to quash the complaint or information?

a. at any time before his arrest
b. only after entering his plea
c. any time before entering his plea
d. Monday morning

36. The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition on the case subject to court approval.

a. arraignment b. plea bargaining
c. preliminary investigation d. trial

37. The security given for the release of a person in custody, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions specified by law.

a. subpoena b. recognizance
c. bail d. warrant

38. The examination before a competent tribunal, according to the laws of the land, of the acts in issue in a case, for the purpose of determining such issue.

a. trial b. arraignment
b. pre-trial d. judgment

39. The adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused.

a. trial b. pre-trial
c. arraignment d. judgment

40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that an offense has been committed and the offender is probably guilty thereof and should be held for trial.

a. pre-trial b. arraignment
c. preliminary investigation d. plea bargaining

41. It is evidence of the same kind and to the same state of facts.

a. secondary evidence b. prima facie evidence
c. corroborative evidence d. best evidence

42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed.

a. secondary evidence b. prima facie evidence
c. corroborative evidence d. best evidence

43. A form of evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances.

a. documentary evidence b.testimonial evidence
c. material evidence d. real evidence

44. When the witness states that he did not see or know the occurrence of a fact.

a. positive evidence b.corroborative evidence
c. secondary evidence d. negative evidence

45. Personal property that can be subjects for search and seizure.

a. used or intended to be used as means in committing an offense
b. stolen or embezzled and other proceeds or fruits of the offense
c. subject of the offense
d. all of the above

46. All persons who can perceive and perceiving, can make known their perception to others.

a. suspects b. witnesses
c. victims d. informers

47. The unlawful destruction, or the bringing forth prematurely, of human fetus before the natural time of birth which results in death.

a. abortion b. infanticide
c. murder d. parricide

48. Felony committed when a person is killed or wounded during the confusion attendant to a quarrel among several persons not organized into groups and the parties responsible cannot be ascertained.

a. alarm and scandal
b. mysterious homicide
c. death under exceptional circumstances
d. tumultuous affray

49. A question which arises in a case the resolution of which is the logical antecedent of the issue involved in said case and the cognisance of which pertains to another tribunal.

a. legal question b. juridical question
c. prejudicial question d. judicial question

50. The offender has been previously punished for an offense to which the law attaches an equal or greater penalty or two or more crimes to which it attaches a lighter penalty.

a. reiteracion b. recidivism
b. quasi-recidivism d. habitual delinquency

51. An act or omission which is a result of a misapprehension of facts that is voluntary but not intentional.

a. impossible crime b. mistake of facts
c. accidental crime d. complex crime

52. Infanticide is committed by killing a child not more than….

a. 36 hours b. 24 hours
c. 48 hours d. 72 hours

53. Ignorance of the law excuses no one from compliance therewith.

a. ignorantia legis non excusat b. parens patriae
c. res ipsa loquitur d. dura lex sed lex

54. An act which would be an offense against persons or property were if not for the inherent impossibility of its accomplishment.

a. compound crime b. impossible crime
c. complex crime d. accidental crime

55. The law which reimposed the death penalty.

a. RA 5425 b. RA 8553
c. RA 7659 d. RA 8551

56. One who is deprived completely of reason or discernment and freedom of the will at the time of the commission of the crime.

a. discernment b. insanity
c. epilepsy d. imbecility

57. The quality by which an act may be subscribed to a person as its owner or author.

a. responsibility b. duty
c. guilt d. imputability

58. Something that happen outside the sway of our will, and although it comes about through some acts of our will, lies beyond the bounds of humanly foreseeable consequences.

a. fortuitous event b. fate
c. accident d. destiny

59. A sworn written statement charging a person with an offense, subscribed by the offended party , any peace officer or other public officer charged with the enforcement of the law violated.

a. subpoena b. information
c. complaint d. writ

60. This right of the accused is founded on the principle of justice and is intended not to protect the guilty but to prevent as far as human agencies can, the conviction of an innocent person.

a. right to due process of law
b. presumption of innocence
c. right to remain silent
d. right against self-incrimination

61. Known in other countries as the body of principles, practices, usages and rules of action which are not recognized in our country.

a. penal laws b. special laws
c. common laws d. statutory laws

62. Circumstances wherein there is an absence in the agent of the crime any of all the conditions that would make an act voluntary and hence, though there is no criminal liability there is civil liability.

a. exempting b. alternative
c. justifying d. aggravating

63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs no criminal and civil liability.

a. exempting b. alternative
c. justifying d. aggravating

64. When the offender enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act.

a. ignominy b. cruelty
c. treachery d. masochism

65. One, who at the time of his trial for one crime shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.

a. recidivism b. habitual delinquency
c. reiteracion d. quasi-recidivism

66. Alevosia means

a. craft b. treachery
c. evident premeditation d. cruelty

67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.

a. ex post facto law
b. equal protection of the law
c. rule of law
d. due process of law

68. A person if within a period of 10 years from the date of his release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener.

a. recidivist b. quasi-recidivist
c. habitual delinquent d. hardened criminal

69. A kind of evidence which cannot be rebutted or overcome.

a. Primary b. Best
c. Secondary d. Conclusive

70. A kind of evidence which cannot be rebutted or overcome.

a. Primary b. Best
c. Secondary d. Conclusive

71. These questions suggest to the witness the answers to which an examining party requires.

a. leading b. misleading
c. stupid d. hearsay

72. A method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and for their punishment in case of conviction.

a. Criminal Law b. Criminal Evidence
c. Criminal Procedure d. Criminal Jurisprudence

73. The period of prescription of crimes punishable by death.

a. 20 years b. 15 years
c. 10 years d. 40 years

74. Persons who take direct part in the execution of a crime.

a. accomplices
b. accessories
c. instigators
d. principals

75. A crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person.

a. libel
b. slander by deed
c. incriminating innocent person
d. intriguing against honor

76. The improper performance of some act which might lawfully be done.

a. misfeasance
b. malfeasance
c. nonfeasance
d. dereliction

77. A sworn statement in writing, made upon oath before an authorized magistrate or officer.

a. subpoena
b. writ
c. warrant
d. affidavit

78. Any other name which a person publicly applies to himself without authority of law.

a. alias
b. common name
c. fictitious name
d. screen name

79. A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same.

a. quasi-recidivism
b. recidivism
c. reiteracion
d. charivari

80. Which of the following is not a person in authority.

a. Municipal mayor
b. Private School Teacher
c. Police Officer
d. Municipal Councilor

81. In its general sense, it is the raising of commotions or disturbances in the State.

a. Sedition
b. Rebellion
c. Treason
d. Coup d’etat

82. The length of validity of a search warrant from its date.

a. 30 days
b. 15 days
c. 10 days
d. 60 days

83. The detention of a person without legal grounds by a public officer or employee.

a. illegal detention
b. arbitrary detention
c. compulsory detention
d. unauthorized detention

84. A breach of allegiance to a government, committed by a person who owes allegiance to it.

a. treason
b. espionage
c. rebellion
d. coup d’etat

85. A building or structure, exclusively used for rest and comfort.
a. sanctuary
b. prison
c. jail
d. dwelling

86. The mental capacity to understand the difference between right and wrong.
a. treachery
b. premeditation
c. recidivism
d. discernment

87. Conspiracy to commit this felony is punishable under the law.
a. Estafa
b. Murder
c. Rebellion
d. Rape

88. It means that the resulting injury is greater than that which is intended.
a. Aberratio ictus
b. Error in personae
c. Dura Lex Sed lex
d. Praeter Intentionem

89. It means mistake in the blow.
a. Aberratio Ictus
b. Error in Personae
c. Dura lex sed lex
d. Praeter Intentionem

90. A stage of execution when all the elements necessary for its execution and accomplishment are present.
a. Attempted
b. Frustrated
c. Consummated
d. Accomplished

91. An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional.
a. Absolutory Cause
b. Mistake of facts
c. Conspiracy
d. Felony

92. Crimes that have three stages of execution.
a. Material
b. Formal
c. Seasonal
d. Continuing

93. Felonies where the acts or omissions of the offender are malicious.
a. Culpable
b. Intentional
c. Deliberate
d. Inculpable

94. It indicates deficiency of perception.
a. Negligence
b. Diligence
c. Imprudence
d. Inference

95. Acts and omissions punishable by special penal laws.
a. Offenses
b. Misdemeanours
c. Felonies
d. Ordinances

96. A character of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines.
a. General
b. Territorial
c. Prospective
d. Retroactive

97. A legislative act which inflicts punishment without judicial trial.
a. Bill of Attainder
b. Bill of Rights
c. Ex Post Facto Law
d. Penal Law

98. The taking of a person into custody in order that he may bound to answer for the commission of an offense.
a. Search
b. Seizure
c. Arrest
d. Detention

99. Pedro stole the cow of Juan. What was the crime committed?
a. Robbery
b. Farm Theft
c. Qualified Theft
d.Simple Theft

100. Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without threat, force or intimidation. What was the crime committed?
a. Child rape
b. Qualified Rape
c. Statutory Rape
d. None

101.) The Revised Penal Code may be enforced outside the jurisdiction of the Philippines when

A. one commits an offense on any ship or airship.
B. one introduces into the Philippines any counterfeit coin.
C. a public officer enters into a bigamous marriage.
D. one commits a crime against national security.

102.) A warrantless search is valid when the search is made by

A. a customs officers at the home of a known smuggler.
B. anti-drug enforcers.
C. policemen at a COMELEC checkpoint.
D. NBI agents looking for a bomb at a mall.

103.) A justifying circumstance is exemplified by

A. a retreat from aggression.
B. a pre-emptive blow.
C. a counter blow.
D. a good intention.

104.) A person walks into a police station and declares that he has committed a crime before the police could take him into custody. May his declaration be admitted against him?

A. No since he has not been forewarned of his rights to silence and to counsel.
B. Yes since he made his declaration before he could be taken into custody and investigated.
C. No since he has entered the police station and came within its jurisdiction.
D. Yes since he freely gave his declaration to the police.

105.) Rape is sexual intercourse with the use of

A. deceit
B. moral ascendance
C. intrigue
D. force or intimidation.

106.) The act of the police in placing the accused in a police line-up without his prior consent

A. violates his right against self-incrimination.
B. violates his right to counsel.
C. constitutes a valid police investigation procedure.
D. is valid conditioned on his being identified at the trial.

107.) A warrantless search is valid when it is made

A. by customs officers at the home of a known smuggler.
B. by anti-drug enforcers.
C. by policemen at a COMELEC checkpoint for illegal firearms.
D. by the NBI for a bomb at the mall.

108.) A qualifying circumstance cannot be presumed, but must be established by

A. proof beyond reasonable doubt
B. clear and convincing evidence
C. substantial evidence
D. preponderance of evidence

ANSWERS:
1. B 26. B 51. B 76. A

2. B 27. C 52. D 77. D

3. B 28. B 53. A 78. A

4. B 29. C 54. B 79. A

5. D 30. C 55. C 80. C

6. D 31. B 56. D 81. A

7. C 32. C 57. D 82. C

8. C 33. B 58. C 83. B

9. C 34. A 59. C 84. A

10. A 35. C 60. B 85. D

11. C 36. B 61. C 86. D

12. C 37. C 62. A 87. C

13. C 38. A 63. C 88. D

14. B 39. D 64. B 89. A

15. B 40. C 65. A 90. C

16. D 41. C 66. B 91. B

17. B 42. B 67. D 92. A

18. C 43. A 68. C 93. A

19. A 44. D 69. D 94. A

20. C 45. D 70. D 95. A

21. C 46. B 71. A 96. A

22. A 47. A 72. C 97. A

23. D 48. D 73. A 98. C

24. D 49. C 74. D 99. C

25. A 50. A 75. B 100. C  101. ) D 102.) C 103.) C 104.) B 105.) D 106.) C 107.) C 108.) B

REMEDIAL LAW -- 20%

1. The jurisdiction of courts are determined by

A. Congress.
B. The Supreme Court.
C. The Judicial and Bar Council.
D. The Court Administrator.

2.) Which of the following constitutes antecedent collateral evidence of a bank robbery that several accused committed?

A. The act of the lookout during the robbery.
B. The kinship among them.
C. The amount missing from the bank’s vault
D. The fingerprints on the teller’s counter.

3.) Real or object evidence is authenticated by showing

A. who owns it.
B. that it is what it is claimed to be.
C. how the evidence got to court.
D. similar or like objects.

4.) A couple named their son Mario Lopez. But a confused clerk at the hospital registered his name as Maria Lopez and his gender as female. The city civil registrar has authority to

A. correct his name and gender.
B. correct his name but not his gender.
C. correct his gender but not his name.
D. indorse the case to court.

5.) A decision states that the defendant is entitled to moral damages but its dispositive portion did not carry an award of moral damages. The writ of execution, however, orders the defendant to pay moral damages of P5,000. Must he comply?

A. Yes since the body of the decision contains the justification for it.
B. No since it is the dispositive portion of the decision that controls.
C. Yes since the writ of execution affirms it.
D. No since the plaintiff needed to pay docket fee on the P5,000.

6.) A criminal action must be filed in the place where

A. the offense took place.
B. the accused was apprehended and detained.
C. the offended party resides.
D. the preliminary investigation took place.

7.) The police nabbed two robbery suspects whom they convinced during the investigation to go with them to the scene of the crime to reenact how they committed it. Is the reenactment admissible in evidence?

A. No since it amounts to waiver of right to silence without the advice of counsel.
B. Yes since the reenactment was voluntary.
C. No since it is irrelevant evidence.
D. Yes since the reenactment was unaccompanied by any statement from the suspects.

8.) To prove that Susan stabbed her husband Sergio, Pete testified that he heard Rico running down the street, shouting excitedly, “Sinaksak daw ni Susan ang asawa niya!” Rico’s declaration is

A. admissible as part of res gestae.
B. inadmissible as hearsay.
C. admissible as independently relevant statement.
D. inadmissible as a mere opinion.

9.) The law that will determine jurisdiction over a particular case is the law in force at the time

A. the cause of action accrued.
B. the action is filed.
C. the issues in the action are joined.
D. the defendant receives the complaint.

10.) The right to be presumed innocent is NOT violated by a law that establishes a presumption of guilt based on a certain fact proved provided that

A.the accused has a chance to overcome it.
B. the nature of the crime permits it.
C. what is proved and presumed are reasonably connected.
D. the law is not retroactive.

11.) Choose which of the following is correct:

a. Documentary evidence is that which is directly addressed to the senses of the court and consists of tangible things
b. Documentary evidence is offered when a document is presented to prove its existence or condition
c. Where the purpose is to prove a collateral fact that took place while a document was being prepared, rule on documentary evidence shall apply
d. Documentary evidence applies only when the contents of such document is the subject of inquiry


Answers: 1. A 2. B 3. B 4. B 5. B 6. A 7. A 8. B 9. B 10. C 11.) d

LEGAL ETHICS/FORMS -- 5%
 
1.) The practice of law is a right in the sense that a lawyer cannot be prevented from practicing law except for valid reasons.

2.) The practice of law is a privilege because it is limited to persons of good moral character with special qualifications duly ascertained and certified.

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