Political Law and Public International Law
- As an incentive for Filipino nurses to remain or be employed in the Philippines, the “Ang Nars Incentives Act of 2023” was approved by the President. The law allows children of any nurse to be enrolled in any private tertiary institution without need of taking any entrance examination provided the child maintains the required passing average grade each A 70% tuition waiver for each child shall be extended by the institution and 50% of the tuition waiver may be creditable to any national taxes owed by the institution to the government. Is the law constitutional? Explain briefly.
- Sulu Second District Representative Alfonso died during the second year of his term. House Speaker Rodil then designated Sulu First District Representative Midas as the legislative caretaker for the remaining period of the term of Upon the prodding of majority of the constituents of the Sulu Second District who are invoking their right to representation, the members of the party of Alfonso filed a petition before the Supreme Court for the issuance of a writ of mandamus to compel Rodil to call for a special election in their district. Will the petition prosper? Explain.
- In the 2022 elections, the formidable tandem of Priscilla and Teodoro ran for and won as President and Vice-President, respectively, of the Republic of the Philippines. On her 15th month in office, President Priscilla suddenly resigned due to health reasons, paving the way for Vice-President Teodoro to assume office as President Teodoro then nominated incumbent Senator Angel, who was President of the Philippines from 2010 to 2016, to take his place as Vice-President. Voting separately and by the vote of a majority of all the members of both Houses of the Congress, Senator Angel was confirmed, and henceforth assumed office as the Vice-President. In the coming 2028 elections, may both President Teodoro and Vice-President Angel legally run for President of the Philippines? Explain your answer briefly.
- In a fresh attempt by the President to seek a just and lasting peace with the Kapisanan ng Malayang Pilipinas (KMP), a Government Negotiating Panel (GNP) was constituted to explore options to end the internal armed conflict in the country. After months of negotiations, the GNP and KMP leadership agreed on the crucial provision in the chapter on Transitional Justice of the Agreed Framework, which states: “The Parties hereby recognize the need to arrive at genuine criminal Towards this end, the GNP shall make the appropriate representation with the Senate and House of Representatives aimed at the passage of an amnesty law.” The Philippine Constitution Association questioned the provision as unconstitutional for encroaching on the clemency power of the President. On the other hand, the Office of the Solicitor General argued that the present case does not present a justiciable controversy. Who is correct? Explain your answer.
- Section 1, Article IV on Bangsamoro Parliament Electoral Tribunal of the Proposed Electoral Code of the Bangsamoro Autonomous Region for Muslim Mindanao states: “Section Creation and Jurisdiction. – The Bangsamoro Parliament shall have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of the members of the Parliament.” Is the proposed provision constitutional? Explain.
- Hector, a government employee, asked Ignacio to take the Police Officer I Examination in his behalf. Upon investigation, the Civil Service Commission (CSC) observed that the picture of Hector and signature in the application form and seat plan were not identical with those found in his Personal Data Sheet. Thus, the CSC concluded that Hector conspired with Ignacio by allowing the latter to impersonate him and found him guilty of dishonesty, meting out the penalty of dismissal. Hector appealed his dismissal to the Court of Appeals. He argued that the CSC has been divested of its authority and jurisdiction to conduct investigations and render administrative decisions based on alleged anomalies in police entrance and promotional examinations after the effectivity of Republic Act 8551 or the Philippine National Police Reform and Reorganization Act. The law transferred the power to administer and conduct entrance and promotional examinations to police officers from the CSC to the National Police Commission based on the standards set by the latter. Is Hector correct? Explain.
- Professor Chiara, a natural-born Filipino citizen, is a resident expert on global military affairs at the National Defense College where she taught for 12 In 2017, she was tenured as a faculty member at the leading military academy in the United Kingdom (UK). In April 2022, she was granted British citizenship. Having learned of the renowned expertise of Professor Chiara, the President invited her to return to the Philippines to be appointed as National Security Adviser. Upon her appointment, Professor Chiara took her oath of allegiance to the Philippines and renounced her allegiance to the UK. Not satisfied with these actions, Ramon, the spokesperson of a non-government organization monitoring national security affairs, demanded that Professor Chiara renounce her British citizenship. Is Ramon correct? Explain.
- A public transport bus was stopped by the police at a checkpoint. All male passengers were asked to disembark while all female passengers were requested to remain seated. Paul, a police officer, then boarded the bus and upon cursory inspection, noticed a suspicious bulging black bag at the rear of the bus. Paul lifted the bag and found it to be heavy for its Severino, the owner of the bag and a non-paying passenger, consented to have it opened and it was revealed that the bag contained a firearm and a live grenade. When Severino failed to produce proof of his authority to carry firearms and explosives, he was arrested and eventually charged with Illegal Possession of Firearms and Explosives. Severino now contends that the search was unreasonable and unconstitutional as it was done without a search warrant. Is Severino correct? Explain.
- For purposes of the investigation of work-related misconduct, the Presidential Management Staff (PMS), searched the office computer of its employee, Zenaida, without the consent of the latter and without a search warrant. The personal files of Zenaida stored in the computer, which were seized during the search, were eventually used by the PMS as evidence of misconduct. Zenaida was accordingly dismissed from service. Zenaida now comes to you for advice claiming that the search was unconstitutional for being violative of her right to privacy and right against unreasonable searches and seizures. Provide your legal advice with reasons.
- The Secretary of the Department of Education (DepEd) issued Department Order (DO) No. 35 providing guidelines for teaching good manners and right conduct in all primary educational As part of the materials to be used during the sessions, the handbook for instructors contains a chapter on “Values from Religious Traditions and Indigenous Cultures”. The DepEd will provide the handbooks, but educational institutions shall be free to adapt the contents of the handbook in accordance with their respective mission and vision. Attendance at the sessions shall be compulsory for all students. Concerned parents and teachers questioned DO No. 35 before the Supreme Court as being violative of the establishment clause and their primary right and duty to rear their children. Are the parents and teachers correct? Explain briefly.
- The property of Anne was expropriated by the government for public use more than ten years ago without proper expropriation proceedings and without payment of just compensation. Since then, the value of the Philippine peso has greatly depreciated, while the inflation rate has substantially Anne now contends that in the interest of justice and fair play, the inflation rate and the depreciated value of the peso should be taken into consideration in the computation and payment of her long-delayed just compensation. Is Anne correct? Explain briefly.
- Ricardo, a third-year law student, was subjected to custodial investigation for the crime of Rape. He was duly informed by the police of his right to remain silent and his right to have counsel of his choice if he could afford one, and if not, he could be provided with one. Ricardo proudly informed the arresting officer that he is perfectly aware of his rights, being a law student, and that he is voluntarily waiving He then proceeded to issue a written statement truthfully detailing his participation in the crime of Rape. During trial, his written statement was presented as the primary evidence of his guilt. Atty. Alexander, counsel for Ricardo, promptly and vociferously objected to the presentation and admissibility of his written statement on the ground that Ricardo executed it without assistance of counsel. Is the objection justified and tenable? Explain briefly.
- Maasikaso Water Company (MWC), a private concessionaire, entered into a 25- year concession agreement in 2009 with the Metropolitan Waterworks and Sewerage System (MWSS) for the delivery of water supply, wastewater, and sanitation services in the City of Manila. In 2019, residents of Manila filed a complaint against MWC with the Department of Environment and Natural Resources Pollution Adjudication Board for violation of the Clean Water Act (CWA). The residents alleged that the severe flooding in Manila and worsening pollution in Manila Bay had been due to the failure of MWC to provide for adequate sewage and/or septage treatment facilities, as mandated under the concession agreement. MWC countered that the primary duty to construct sewage and/or septage treatment facilities rests upon the local government unit (LGU) under Section 7 of the CWA, which states: “Each LGU shall appropriate the necessary land, including rights-of-way/road access to the land for construction of the sewage and/or septage treatment facilities”. MWC thus maintained that it must be absolved from any form of liability considering that the City of Manila clearly failed to comply with Section 7 of the CWA. Is MWC correct? Explain.
- Lorenzo was re-elected as Mayor of Roxas City for his third consecutive term in the 2022 local elections. In 2023, Lorenzo was administratively charged before the Office of the Ombudsman (OMB) for acts committed during his second Lorenzo moved to dismiss the complaint before the OMB on the ground that his re-election to a third term effectively exonerated him from the administrative charge pursuant to the condonation doctrine. Is Lorenzo correct? Explain briefly.
- Filed before the House of Representatives were Articles of Impeachment against Chief Justice Urduja for corruption, betrayal of public trust, and culpable violation of the Constitution. After a heavily publicized trial, the Senate, sitting as Impeachment Court, rendered a judgment removing Urduja from her position, with the additional penalty of disqualification to hold any other public office. However, during the pendency of the criminal, administrative, and civil cases subsequently filed against her, Urduja died due to health The heirs of Urduja filed a petition before the Supreme Court for the release of her accrued retirement benefits and other gratuities as a member of the Judiciary. Senate President Francisco opined that the petition of the heirs of Urduja should be denied in view of her removal by impeachment. Is Francisco correct? Decide with reasons.
- Bea filed a civil case for collection of a sum of money for non-payment by the province of Cagayan of various hospital supplies it purchased from her, as evidenced by invoices duly received and signed by its authorized After Bea completed the presentation of her evidence, the province moved to dismiss the case on the ground that the primary jurisdiction over her money claim belongs to the Commission on Audit (COA), as it arose from a series of procurement transactions with the province. The trial court dismissed the case on the ground that jurisdiction over the case lies with the COA. Bea argued that the trial court erred since a collection suit is within the jurisdiction of the courts and the province belatedly invoked the doctrine. Is Bea correct? Explain.
- Congress enacted a law providing for mandatory biometrics voter registration. The Commission on Elections (COMELEC) then issued resolutions implementing said law and further providing that registered voters who fail to submit their biometrics for validation by the last day of filing of application for registration for the May 2025 elections shall be Consequently, those who fail to be validated, those without biometrics data, or those who have incomplete biometrics data will be deactivated and shall not be allowed to vote. A petition for certiorari and prohibition was filed before the Supreme Court assailing the constitutionality of the law and the COMELEC resolutions, on the ground that biometrics validation constitutes an additional and substantial qualification not contemplated by the 1987 Constitution, because non-compliance therewith results in voter deactivation. Will the petition prosper? Explain briefly.
- Gerardo, a public official, filed a certificate of candidacy for the position of Representative of the lone legislative district of his Despite such filing, Gerardo continued to occupy his public office since, according to his lawyer, he can only be considered resigned from public office upon the commencement of the campaign period for local officials. What is the effect of the filing of certificate of candidacy by Gerardo? Explain.
- The island of Coron belongs to the province of Palawan. The Bureau of Local Government Finance certified that the average annual income of the island of Coron based on the 1991 constant prices was ₱82,696,433.23. Based on the latest Census of Population and Housing conducted by the Philippine Statistics Authority, the population of Coron is 371,576, while its land area is 802.12 square kilometers as certified by the Land Management Bureau. Republic Act No. 222 was enacted by Congress creating the province of Coron Island and was approved by the Thereafter, a plebiscite was held which yielded 69,943 affirmative votes and 63,502 negative votes. Is the creation of the province of Coron Island consistent with the requirements under Section 10, Article X of the 1987 Constitution and Section 461 of the Local Government Code? Explain briefly.
- Bartolome is the Deputy Chief of Mission of the Embassy of Argentina. One week before the expiry date of the appointment of Bartolome in the Mission, he went on a three-day vacation in Brazil, a country known for its rich biodiversity and abundant natural resources. Determined to carry along a precious gift to his wife, Bartolome packed into his luggage a protected species of orchid found only in Brazil. Sniffing dogs at the Rio de Janeiro International Airport sensed something in his checked-in luggage, drawing the attention of airport officials. When asked to open the luggage, Bartolome presented his diplomatic identification and refused to submit to any Airport officials informed him of the penal sanctions for transporting illegal items suspected in any luggage. May Bartolome validly invoke diplomatic immunity and inviolability of his personal luggage? Explain briefly.
Commercial and Taxation Law
1. Juan, acting as president of Maharlika Car Dealers Incorporated (MCDI), entered into a contract of long-term lease with Antonino over a large commercial property along Pasong Tamo Avenue owned by the latter. When Antonino received a better offer for the commercial property, and having learned that MCDI was not formally incorporated with the Securities and Exchange Commission, he sought to have the contract of lease nullified on the ground that it was void for lack of the essential element of consent, since the lessee was not a juridical person with capacity to contract. May Juan, acting on behalf of MCDI, which is in the process of incorporation, legally insist on the enforceability and binding effect of the contract of lease as against Antonino? Explain your answer.
2. Datu Commercial Corporation (DCC), a publicly-listed company with the Philippine Stock Exchange, incorporated Kidlat Close Corporation (KCC), investing into 91% of its outstanding capital. The chairman, president, and executive vice-president of DCC are incorporators of KCC, each holding 3% of the outstanding capital stock. The articles of incorporation of KCC provided: 1) a limit on the number of shareholders, which shall never exceed five; 2) a right of first refusal; and 3) a prohibition on the shares from being listed or being publicly offered. Pending the issuance by the Securities and Exchange Commission (SEC) of the Certificate of Registration, the vice-president of KCC entered into a long-term contract of lease on behalf of KCC, which was declared therein as undergoing incorporation with the SEC. Is DCC qualified to be an incorporator of KCC although it is a juridical entity? Explain your answer.
3. The Board of Directors of Mabini Corporation (MC) unanimously adopted a resolution directing its management to issue as fully paid 10,000 common shares to Atty. Apolinario for successfully prosecuting in favor of MC the derivative suit filed by a minority stockholder over mismanagement of corporate affairs. If the issuance of the 10,000 common shares in the name of Atty. Apolinario is by way of stock dividends to be credited from the unrestricted retained earnings of MC, would such issuance be valid? Explain your answer.
4. The articles of incorporation of Dakila Incorporated (DI) provides for a seven- member Board of Directors. Florante, the chairperson of the Board, resigned barely two months into office while Laura, another director, died in a vehicular accident on her sixth month in office, thereby leaving only five members in the Board. The one-year term of office of the remaining directors had just ended without an annual stockholders’ meeting being held since Laura was actually the majority stockholder of DI and her estate was still being settled. May the remaining five directors, acting as the Board, fill in the vacancies in the Board? Explain your answer.
5. Singha Corporation (SC), a corporation organized and existing under Singapore laws, filed a complaint for a sum of money and damages against Muni Corporation (MC), a Philippine-incorporated company, before the Regional Trial Court (RTC) of Manila. SC alleged in its complaint that it was neither doing business nor licensed to do business in the Philippines and that it was suing MC on an isolated transaction involving a contract for design consultation and drawing development. MC allegedly failed to pay the remaining 50% of the contract price despite repeated demands by SC. During trial, SC admitted filing a prior collection suit against another company in the RTC. Hence, MC filed a motion to dismiss the case on the ground that contrary to its allegation, SC was in fact doing business in the Philippines without a license and thus had no legal capacity to sue. Will the motion of MC prosper? Explain.
6. Procopio owns the controlling interest in Ginto Bank (GB). Due to the promising potential of lending with real estate collateral, the bank is primarily focused on said transactions. After the Bangko Sentral ng Pilipinas (BSP) conducted its examination of GB, the bank was placed under receivership due to illiquidity, as well as unsafe and unsound banking practices. Procopio contends that the actions of the BSP were arbitrary and denied GB its right to due process. He said that GB should have been given due notice and prior hearing, where the bank could have explained the reasons for its illiquidity. Is the contention of Procopio correct? Explain your answer.
7. Jacinto, the Governor of Sorsogon, maintains United States (US) dollar deposits in various offshore banks at the Cayman Islands, British Virgin Islands, and Switzerland. In an exposé by Balita Magazine called “Pandora Papers”, the writer detailed the offshore deposits of Jacinto amounting to US$60 million as well as his other investments and holding companies. Aggrieved, Jacinto filed a criminal complaint against Balita Magazine for violation of bank secrecy laws, alleging that his US dollar bank deposits were illegally disclosed even though they were neither involved in any civil or criminal case against him nor subjected to any investigation by the Anti-Money Laundering Council. Will the complaint of Jacinto prosper? Discuss your answer.
8. Atty. Diwa is the lawyer of Tala in a criminal case for Estafa before the Regional Trial Court of Manila. After one of their hearings, Tala gave Atty. Diwa ₱10 million for safekeeping, which Tala admitted in confidence that it was part of the proceeds of her swindling activities. The husband of Atty. Diwa found out about this and reported it to the Anti-Money Laundering Council (AMLC). The AMLC demanded Atty. Diwa to disclose the details of her transaction with Tala, but she refused. Can Atty. Diwa validly refuse to report her transaction with Tala? Discuss your answer.
9. Emilio owns a car which he purchased from Gregorio. Emilio agreed to pay Gregorio the balance of the purchase price in the amount of ₱500,000 within one year. To secure the payment of the balance, Emilio and Gregorio executed a security agreement that complies with the requirements of the Personal Property Security Act (PPSA). The security interest was also perfected in accordance with the PPSA. Who has insurable interest over the car? Explain your answer.
10. Diego, a cancer survivor, filed an application for a life insurance policy with Garantiya Insurance Company (GIC). He delivered his application and insurance premium to Gabriela, the officer of GIC in charge of approving life insurance policies. Gabriela then approved the application of Diego on June 1, 2020. On January 30, 2023, Diego died in a vehicular accident. When the heirs of Diego claimed the insurance proceeds, GIC denied the claim on the ground that Diego had concealed the fact of his illness. Moreover, Gabriela knew about the illness of Diego but also concealed it from GIC. Is the denial of the insurance claim by GIC proper? Discuss.
11. Hari and Reyna booked a honeymoon package at Anya Resort (AR) in Palawan which included transportation from Batangas to Palawan, and vice versa, via M/B Prinsesa owned and operated by AR. Despite PAGASA storm warning bulletins, M/B Prinsesa proceeded to ferry Hari and Reyna from the port of Batangas to Palawan. While in open seas, the boat was hit by big waves and eventually capsized, drowning Hari and Reyna. When sued by the heirs of the couple, AR denied liability on the ground that it is not a common carrier, as M/B Prinsesa is not available to the general public or other tourists, and exclusively ferries resort guests and crew members. AR further argued that they did not charge Hari and Reyna separate fees to board M/B Prinsesa. Are the arguments of AR correct? Discuss your answer.
12. Kagandahan Corporation (KC) has been manufacturing medicated facial creams with the brand name “Kutis” since 2010. The facial creams are contained in pink, oval-shaped containers. However, KC did not secure a trademark registration for the brand name and the packaging. Later, upon discovering that there is no existing trademark registration in favor of KC, Bighani Corporation (BC) manufactured its own facial creams using different ingredients and procedure but under the trademark “Kutis” and sold the facial creams in pink, oval-shaped containers similar to those sold by KC. However, the label of BC specifically indicates that it is manufactured by BC. Is BC liable for Unfair Competition? Discuss your answer.
13. Atty. Matalas prepared a deed of sale which contains all the elements necessary to perfect the contract, particularly a statement of the agreement to transfer in an absolute manner the parcel of land that was specifically described as well as the price certain. Impressed by his own draft deed of sale, Atty. Matalas wants to use the deed that he prepared as a template and to secure a copyright registration for the same. Can Atty. Matalas secure a copyright registration for the template? Discuss your answer.
14. Julio secured a copyright registration for a drawing of a light box. Julio used the drawing for his advertisements indicating the new internal electronic design features of the light box. Ten years after the registration of the copyright, Julian decided to manufacture and sell a light box with the same internal electric design features as the light box drawing created by Julio. However, the physical appearance of the light box manufactured by Julian is different. Julio objected to the manufacture by Julian of the light box on the ground that he (Julio) is the inventor of the light box design. Is the objection of Julio valid? Discuss.
15. China Telecommunication Company (CTC), a Chinese state-owned enterprise, sought to acquire 40% equity in Duon Telecommunication Corporation (DTC), a telecommunications company in the Philippines. When questioned by the two major telecommunication companies in the Philippines, Cheng, the president of DTC, defended the proposed acquisition by saying that CTC is allowed to own 40% equity pursuant to the nationality requirement under the 1987 Constitution. Is the argument of Cheng correct? Discuss your answer.
16. Upon seeing the global popularity of Korean culture, the President of the Philippines wanted to export Philippine culture as well. Thus, he met with both the Secretary of Tourism and the Chairperson of the National Commission for Culture and the Arts to come up with a plan to make Philippine culture the next big thing. After a series of meetings with industry stakeholders and with a resolution of support from Congress, the President issued a presidential proclamation granting tax exemptions to members of the Philippine entertainment and culinary industries who export 70% of their products and services. The proclamation also grants additional tax incentives (such as an income tax holiday) to artists, directors, chefs, studios (both TV and music), and authors who gain international acclaim. Is the proclamation constitutional? Explain your answer.
17. Pedro ran a gambling den in the basement of a bar called Apolaki in Intramuros, Manila. His gambling operations consisted of a pastime from the late 1700’s called “Ratting”, where barrels of rats would be released in a fenced-off area for a cat to eat. Bettors would then wager on how many rats would be killed by the cat in a certain given time. As can be easily gathered, this is highly illegal. The apparent illegality did not stop Pedro from making millions of pesos from onsite and online bettors. Needless to say, Pedro did not file an income tax return to report his income. Based on the complaint of the Commissioner of Internal Revenue, the Department of Justice filed an information against Pedro for Failure to File Income Tax Return under Section 255 of the National Internal Revenue Code. In his defense, Pedro argued that the profits from the gambling operations are not income in the first place because declaring such would violate his right against self-incrimination. Hence, he is not required to file any income tax return. Is the argument of Pedro tenable? Explain.
18. Marites is the chief executive officer and sole shareholder of Tsismis Ngayon OPC (TNO), a One Person Corporation that runs a popular blog about showbiz news and juicy gossip. From March to April 2023, Marites asked her daughter, Laya, to work as an intern in the corporation and help around the press room. Her main duties were brewing coffee for the editorial staff and printing out hard copies of TNO blog posts for filing purposes. Laya did a decent (but not excellent) job as an intern in her two-month stint with TNO, except for the one time when she added two packets of sugar to the cup of coffee of a diabetic senior officer. Proud of the performance of Laya, Marites issued a TNO resolution granting a ₱2 million bonus to Laya. Laya used the ₱2 million bonus to buy a new car. Can TNO claim the ₱2 million bonus as a deduction? Explain your answer.
19. Ikapati Corporation (IC) is a value-added tax (VAT)-registered corporation that sells various kinds of instant noodles. It is recognized as the industry leader, especially after its spicy bulalo flavor gained immense popularity in December 2021. The success of IC has been attributed to its tax lawyer, Atty. Mahal, who helps IC understand the National Internal Revenue Code to its advantage. To show its appreciation, IC sent Atty. Mahal 1,000 boxes of spicy bulalo instant noodles. Is the transfer of 1,000 boxes of instant noodles to Atty. Mahal subject to VAT? Explain.
20. Quezon City assessed the Light Rail Transit Authority (LRTA) of real property taxes on its properties consisting of lands, buildings, machineries, and terminal stations. Despite repeated demands from Quezon City, LRTA failed to pay its outstanding obligations, prompting the city to issue a notice of delinquency with warrants of levy. LRTA questioned the assessments of Quezon City, claiming that it is exempt from real property tax. LRTA argues that it is operating a light rail transit system for the Philippines, which is the true owner of the subject real properties. Is LRTA exempt from real property tax? Explain briefly.
Civil Law
- Christopher, a citizen of the United States (US), married Lila, a Filipino, in Dallas, Their marriage was later terminated by a divorce decree issued by a US court. At that time, their child, Amado, was only 18 months old. Lila and Christopher returned to the Philippines and settled in El Nido, Palawan. Christopher allegedly promised to give support to Amado in the amount of US$1,000 per month, but he never did. Subsequently, Christopher also settled in Cebu where he cohabited with another Filipino woman. When Lila learned of the whereabouts of Christopher, she filed a complaint against him for violation of the Anti-Violence Against Women and Their Children Act for his refusal to support Amado. Lila also invoked Article 195 of the Family Code, which provides for those who are obliged to support each other. She argued that notwithstanding their divorce, Christopher is not excused from complying with his obligation to support Amado. Is Lila correct in invoking Article 195 of the Family Code? Explain.
- Nida and Deogracias were college sweethearts who had a child together named Mikael. When Mikael was three years old, Nida and Deogracias both died in a car accident while still planning their future Mikael was then put in the care of the unmarried sister of Nida, Nina, who officially adopted Mikael. A few years later, Nina left to work in the United States (US). Mikael was left to live with his grandmother, Aurora, in the Philippines. In the US, Nina bore an illegitimate child, Maricel, from her affair with a married man. When Maricel was 22 years old, Aurora died so Nina came home to the Philippines with Maricel for the funeral. Maricel finally met Mikael who is now 28 years old. The two of them fell in love and planned to get married. Nina objected, saying that their marriage was prohibited by law. Can Maricel and Mikael validly get married? Explain your answer.
- In 1981, JR married then 16-year-old Inka in a civil ceremony solemnized by the Mayor in their hometown. The couple lived together until 2007 when JR confessed to having an affair with Inka later discovered that JR and Elena got married in 1995. Inka thus filed a criminal complaint against JR for Bigamy. In his defense, JR insisted that he could not be held criminally liable for Bigamy because his marriage with Inka in 1981 is void for lack of a valid marriage license, while his marriage with Elena is void for lack of a marriage ceremony. Meanwhile, Elena claimed that even prior to the Bigamy case, she already filed a petition for nullity of marriage before the Regional Trial Court (RTC) of Quezon City sometime in 2007 after learning about the marriage between JR and Inka. The RTC later declared the marriage of JR and Elena as void for being bigamous, and the ruling attained finality due to lack of appeal. Does JR have a valid defense in the Bigamy case? Decide with reasons.
- Santiago and Lucia started to live together as common-law husband and wife in 2000. In the course of their relationship, they acquired several properties which included a 600-square meter house and lot in Quezon City, a condominium unit in Taguig City, a four-hectare rest house in Batangas, a Range Rover vehicle, Lexus RX350 car, and an Indian Chief Bobber motorcycle. The purchases were mainly due to the successful salon and water refilling business of Lucia. Unfortunately, the records of these purchases were destroyed during Typhoon Ondoy in 2009. In 2023, their relationship turned sour and Lucia now wants to part ways with Santiago. However, there is a disagreement on how to divide their properties. Lucia filed a case in the Family Court, claiming that she is entitled to all of the properties. Is Lucia correct? Explain briefly.
- Melchor, a Filipino, met and married Amy, a Parisian model in They had two daughters named Anna and Karenina. Eventually, they decided to settle in the Philippines. However, unknown to his family, Melchor was having an affair with another Parisian model, Genevieve. He arranged for Genevieve to reside in the Philippines and bought her a house in North Greenhills so that they could continue with their illicit affair. Juliette was born out of their affair. Juliette grew up not knowing that she was the illegitimate daughter of Melchor until the death of the latter. Upon discovering that her father had a legitimate family, Juliette sought to be recognized as an illegitimate daughter of Melchor since she had always longed for sisters. In her action to prove her illegitimate filiation, Juliette presented her birth certificate signed by Melchor, as well as photographs of her with Melchor in their home in North Greenhills. Amy, Anna, and Karenina opposed the action of Juliette. Will the action of Juliette prosper? Explain your answer.
- With the express consent of their respective parents, Jaime and Cathy, both 21 years old, decided to get married in a destination wedding in Boracay on Valentine’s Day The older brother and sister-in-law of Jaime were on their way home from the wedding on board a boat when it sank, leaving their 8-year- old son, Cesar, orphaned. Grief-stricken, Jaime and Cathy now want to adopt Cesar and raise him as their own. Are they qualified under the law to adopt Cesar? Explain your answer.
- Anita is an entertainer in Empyrea, a men’s club and One evening, Billy, the exclusive patron of Anita, asked her out on a date outside of Empyrea. After spending the night together, Billy got Anita pregnant. A year after giving birth to Marisol and despite the vehement opposition of Billy, Anita went back to her previous job in Empyrea to support her child. Anita was able to provide a house, a nanny, and other necessities for Marisol. Billy, however, insisted that Anita no longer needed to work if she and Marisol stayed with him as he could provide for them. Since Anita refused to live with Billy, the latter filed a petition for custody of Marisol. Anita contended that illegitimate children are automatically under the sole custody and parental authority of the mother. On the other hand, Billy alleged that Anita is unfit to take care of Marisol given her line of work. If you are the judge, how will you decide the petition? Explain.
- Niccolo and his girlfriend Meann were classmates in medical When they finished their studies and started earning, they decided to invest in a condominium unit together which they hoped to lease out. Since Niccolo came from a rich family and was still receiving an allowance from his parents, the couple decided that Niccolo would shell out 2/3 (₱10 million) of the ₱15 million purchase price, while Meann would contribute 1/3 (₱5 million). They asked a mutual friend who was a law student to draw up a contract which reflected the mentioned interests. The contract also had a provision that their shares in the benefits as well as the charges affecting the property would be equal. They then found a long-term tenant who rented the property for ₱30,000 a month. Unfortunately, Niccolo and Meann broke up and are now quarreling over their respective shares in the rental income. Niccolo insists that he should get ₱20,000 or 2/3 of the monthly income while Meann claims that it should be ₱15,000 each. Who is correct? Explain your answer.
- Lani and Rufino died leaving four children, two of whom are Arturo and The heirs signed a document selling half of the property of their parents to their friend, Honorato. One of the remaining quarters was occupied by Ildefonso and Bienvenido, the children of Arturo, while the other quarter was sold by Bugoy to the Spouses Cruz by virtue of a deed of sale. Shortly after, the Spouses Cruz filed an ejectment case against Ildefonso and Bienvenido for the 1/4 portion of the subject property that they purchased. On the other hand, Bienvenido filed a complaint for recovery of ownership, quieting of title, and annulment of deed of sale against the Spouses Cruz. He alleged that the deed of sale is void since Bugoy is not the true and real owner of the subject property, which originally belonged to the estate of Rufino. On the other hand, the Spouses Cruz argued that Bienvenido availed of the wrong remedy, and claimed that the heirs had already agreed to divide the property among themselves when they allowed a portion of the property to be occupied by the heirs of Arturo. Will the complaint of Bienvenido prosper? Discuss.
- Marvic inherited a piece of land and decided to farm it. The land was bordered on all sides by properties belonging to other owners. The surrounding property closest to the public highway is owned by Willing to pay compensation, Marvic talked to Renato about granting him access to the highway but Renato refused. Renato reasoned that there is another access point for Marvic through a dirt road that connects to the public highway without passing through his property. Marvic argued that this is not convenient as it is twice the distance, circuitous, and unlit. As they could not reach an agreement, Marvic filed a complaint for easement of right of way against Renato. Should a compulsory right of way be granted in favor of Marvic? Explain your answer.
- Alejandro was a married airline executive who had a clandestine love affair with a pilot, Francisca. Six years later, Francisca ended the affair amicably because she wanted to get married herself and start a She soon met David, another pilot, and they got engaged. On the occasion of the impending nuptials of Francisca and David, Alejandro, feeling nostalgic and generous, donated a valuable painting (exclusively his own and not conjugal) to Francisca. Upon learning of the donation, the wife of Alejandro, who knew of the romantic past between the two, filed a complaint to have the donation nullified. Is the donation valid, void, or voidable? Explain your answer.
- Cora, who was married to Wenceslao, executed a last will and testament where she gave all of her exclusive properties to her niece, Cora later died without issue. Wenceslao subsequently opposed the probate of her will on the ground that he was deprived of his legitime. Is Wenceslao correct? Explain your answer.
- Felicia and Rocky met at a training convention and subsequently became They had children named Enrico and Euriz. One night while on his way home, Rocky met his end when his car collided with a speeding 15-wheeler truck along C-5 Road. A year later, the father of Rocky, Hilario, suffered a brain aneurysm and died. In the settlement of the estate of Hilario, Enrico and Euriz claimed an interest in the estate of their grandfather. They argued that as the biological children of Rocky, they are entitled to inherit from their grandparents by right of representation. The legitimate heirs of Hilario vehemently opposed the claim on the ground that Enrico and Euriz are barred from inheriting from the ascendants of Rocky. Are the legitimate heirs of Hilario correct? Explain your answer.
- The promissory note between Jhosep and Mario states: “Jhosep agrees and understands that upon failure on his part to pay the amount of One Hundred Thousand Pesos (₱100,000) on December 31, 2015, he agrees to pay the sum equivalent to six percent (6%) interest monthly from the date of default until the entire obligation is fully paid for.” Jhosep failed to pay on the stipulated On March 1, 2016, Mario filed a collection suit against Jhosep. In his defense, Jhosep stated that he was not yet in legal delay, as Mario had not made a demand against him. Is the contention of Jhosep correct? Explain.
- On September 6, 2015, Mauro purchased from Antonio a motorcycle, as evidenced by a deed of sale. The purchase price was ₱88,700, with a down payment of ₱35,000, and the balance payable in 12 monthly installments, due and payable on the first day of each month starting December 1, As security for the balance, Mauro executed a chattel mortgage over the said motorcycle in favor of Antonio. However, Mauro failed to pay the monthly installments. After Antonio extrajudicially demanded payment for the balance, Mauro returned the property to Antonio. Is the return of the motorcycle equivalent to dación en pago? Discuss.
- Nardo leased a house and lot from Jericho. Subsequently, Nardo subleased this property to The contract of sublease contained a stipulation to the effect that the rental payments of Paquito should be paid directly to Jericho, the principal lessor. Is this a stipulation pour autrui? Explain.
- On October 10, 2010, Joaquin executed a deed of absolute sale in favor of Juancho involving the parcel of land of Joaquin situated in Surigao del Sur. Juancho did not register the deed of absolute sale with the Register of Deeds of Surigao del Sur. On October 30, 2010, Joaquin also executed another deed of absolute sale over the same property in favor of Martina who had no knowledge of the prior sale between Joaquin and Neither Juancho nor Martina took possession of the parcel of land subject of the two sales. However, after learning of the October 10, 2010 sale, Martina immediately caused the registration of her October 30, 2010 deed of absolute sale with the Register of Deeds of Surigao del Sur. Will Martina be able to invoke the principle “first in time, stronger in right” as against Juancho? Discuss.
- Ibrahim borrowed money from Fidel, as evidenced by a loan Ibrahim used as collateral for the loan his parcel of land situated in Maria Luisa Estate Park in Cebu City. Under the terms of their agreement, Fidel has the exclusive and irrevocable option to buy the collateral for the amount of ₱100 million, inclusive of the borrowed amount of ₱50 million and interest therein at 6% per annum. When the loan matured, Ibrahim was unable to pay his loan obligation. Ibrahim, however, refused to sell his collateral to Fidel. May Fidel compel Ibrahim to sell his collateral by exercising the option to buy under the loan agreement? Discuss your answer.
- Luna owns a passenger bus driven by her employee, Tomas. One day, the passenger bus collided with a car driven by Graciano. Graciano then filed a complaint for damages based on quasi-delict against He likewise instituted a criminal action against Tomas, but failed to reserve his right to institute a separate civil action for damages in the said criminal case. Luna filed a motion with the trial court for the deferment of trial, arguing that Tomas must be impleaded in the civil case because he committed the negligent act that caused damage to Graciano. Is Luna correct? Explain.
- Rene and Sebastian, who are bitter enemies, engaged in a In the ensuing battle, Rene killed Sebastian with a shot to the head. In the criminal case for Murder filed against Rene, the heirs of Sebastian failed to establish funeral expenses due to the inadequacy of the evidence. Still, the trial court awarded temperate damages to the heirs, declaring that it cannot close its eyes to the fact that the heirs of Sebastian indeed incurred funeral expenses. Is the award proper? Discuss.
Labor Law
- Santos Hauling Incorporated (SHI) dismissed its drivers and helpers after discovering that they were committing anomalous transactions involving the sale of excess broilers and crates, without the knowledge and consent of SHI. The drivers and helpers filed a complaint for illegal dismissal against SHI. In its defense, SHI presented as evidence the affidavits of co-employees narrating the alleged anomalous transactions in detail. May the drivers and helpers be dismissed on the basis of these affidavits? Explain your answer.
- Maria met Ange, Louise, and Sam at a coffee shop one Maria promised she could send the three of them to work as bartenders in Scotland in exchange for ₱100,000 each. Ange, Louise, and Sam immediately agreed and gave the money to Maria. Upon receipt of the placement fees, Maria used the money to buy a luxury bag and posted it on her Instagram page. Ange, Louise, and Sam followed up on their employment in Scotland, but Maria stopped replying to them. After six months of waiting, Ange, Louise, and Sam filed a complaint for Illegal Recruitment in Large Scale against Maria. During trial, Ange, Louise, and Sam testified and presented a certification from the Department of Migrant Workers stating that Maria was neither licensed nor authorized to recruit people for employment. On the other hand, Maria claimed that she was not the one who recruited them but a certain Rashid, the president of the placement agency where Maria supposedly worked. Is Maria guilty of Illegal Recruitment in Large Scale? Explain.
- Lipad Pinoy (LP), a licensed local recruitment agency, deployed Mutya for its principal, Alab Construction (AC), for a two-year project in Dubai. Mutya had been on the job for one year when, for unknown reasons, AC and LP terminated their agency agreement. Thereafter, AC failed to pay the salary of Mutya. Upon her return to the Philippines, Mutya sued both LP and AC for unpaid salaries and damages. May LP be held liable together with AC? Explain.
- Bangko Norte (BN) implemented an “Exogamy Policy”, which prohibits employees from marrying their co-employees. Specifically, the policy states that when two of its employees marry each other, one of them must sever his or her employment Clara, who was hired as an account specialist, married her co-worker Ibarra, a loan specialist. Subsequently, BN terminated the employment of Clara but retained Ibarra. Clara argued that the policy should not apply to her since she was employed prior to its effectivity, and that said policy violates the Labor Code. She also pointed out that BN did not explain why it was her, and not Ibarra, whose employment was terminated. Since BN refused to reinstate her, Clara filed a complaint for illegal dismissal. Will the complaint of Clara prosper? Discuss.
- In computing the 13th month pay of its employees, Liwayway Company (LC) includes as basis not only the regular base pay but also the cash value of unused vacation and sick leaves. LC had been implementing this method for two years when it suddenly announced that the method was erroneous and would therefore be discontinued. May LC lawfully discontinue using this method? Discuss.
- Roman, an employee of Baltazar Company (BC), was reported to have fallen asleep during work hours and that he smelled of BC coordinated with Bibo Health Clinic, a facility accredited by the Department of Health, to conduct random drug testing on its employees. Roman tested positive during both the screening and confirmatory tests. BC asked Roman to explain why he should not be sanctioned and dismissed. Roman denied that he used drugs and claimed that a colleague who bore a grudge merely framed him. Unsatisfied with his explanation, BC sent Roman a notice of termination. Was the dismissal of Roman valid? Explain briefly.
- Arnel, a 55-year-old seafarer who worked on board different foreign vessels, went to the office of the Social Security System (SSS) to avail of his retirement benefits. However, he found out that his contributions had not been paid by his principal employer, Pancho Lines (PL). When Arnel demanded an explanation from PL, the latter replied that it was not obligated to cover his SSS membership since he was hired abroad and covered by another insurance provider. Is PL correct? Discuss your answer.
- Araro Federation applied for registration as a federation in the agricultural It has under its membership a mix of five rank-and-file unions and five supervisory unions. One of the rank-and-file unions and one of the supervisory unions both belong to the same establishment, Ani Corporation (AC). AC opposed the application for registration citing the legal prohibition against the commingling of rank-and-file and supervisory employees. Is the opposition of AC meritorious? Explain briefly.
- Lazara Corporation (LC) and Lazara Employees Union (LEU) forged a collective bargaining agreement (CBA). During the freedom period, a certification election was conducted where LEU lost to Samahan ng Manggagawa sa Lazara (SML), a rival union in the same SML then sent a letter to LC demanding for renegotiation of the existing CBA. LC refused to renegotiate the CBA claiming its validity for two more years. SML filed a notice of strike against LC on the ground of Unfair Labor Practice for the alleged refusal of the latter to comply with its duty to bargain collectively. Is the notice of strike meritorious? Explain briefly.
- Adarna Manufacturing Company (AMC) and Adarna Employees Union (AEU) entered into collective bargaining negotiations but reached an AEU then filed a notice of strike before the National Conciliation and Mediation Board, which immediately conducted conciliation meetings to avert the strike. Fifteen days after the filing of the notice, and despite the conciliation proceedings, AEU staged a strike with the participation of 50% of its members. Is the strike legal? Briefly explain.
- In 2011, Amer and Raj worked as welders on board the barges of Magiting Shipping Company (MSC), which later changed its corporate name to Perlas Corporation (PC). In 2018, PC verbally dismissed Amer and Raj from employment. Thus, they jointly filed a complaint for illegal dismissal against PC, which countered that it already had a separate and distinct personality from. It also alleged that both complainants were not its regular employees as they were merely helpers brought in by its own regular employees on certain occasions when urgent repairs were required for its barges. The Labor Arbiter (LA) held that there was an employer-employee relationship between the parties based on Article 295 [280] of the Labor Code since Amer and Raj: 1) were engaged to perform activities which are usually necessary or desirable in the usual business or trade of PC; and 2) have rendered at least one year of service. Was the LA correct in using Article 295 [280] as the basis? Explain briefly.
- On May 15, 2022, Marina International Shipping (MIS) hired Felipe as a bosun on board its vessel for a period of nine months. On July 30, 2022, Felipe joined his vessel of On October 31, 2022, he was repatriated due to medical reasons and was immediately referred by MIS to its company-designated physician for treatment and monitoring. On May 31, 2023, the company- designated physician pronounced Felipe fit to resume sea duties. Is MIS obligated to rehire Felipe? Explain briefly.
- Sampaguita University (SU) hired Farah as Instructor I in the College of Education on a contractual or part-time basis beginning the first semester of school year 2015-2016. In 2018, SU appointed Farah as Instructor II. SU informed her that she will attain regular status on the condition that she obtain a master’s degree by May 31, 2022, otherwise, her employment will either be terminated or considered as contractual or part-time. When Farah failed to secure the required educational qualification within the allotted time, SU classified her as a part-time faculty effective June 1, 2022. On April 30, 2023, SU notified Farah that they will no longer be renewing or extending her contract as part-time faculty upon its Farah thus filed a complaint for illegal dismissal. Will her complaint prosper? Discuss your answer.
- Eduardo owns a licensed company that supplies janitorial and messengerial aides to various businesses, including Gloria Restaurant (GR). The tools and supplies used by the janitors and messengers are supplied by the clients who also train the workers and monitor their performance. Their minimum wages are paid by the clients through Eduardo. After two years of working in GR, the janitors and messengers joined the union there to receive the same benefits as the directly hired employees of GR. Can the janitors and messengers legally join the union? Discuss.
- Ulap Airlines (UA) hired Salve as a cabin crew in 2010. Due to her hard work and spotless service record, she was eventually promoted to senior purser, a position imbued with trust and In 2023, after a flight from Sydney to Manila, management received a report that Salve and other cabin crew alighted from the aircraft with two cups of instant noodles and a can of soda, which were part of the in-flight provisions for passengers. The items were confiscated and the cabin crew were required to explain why those items were in their possession. In her written explanation, Salve claimed that the cups of instant noodles were purchased with her own money and that it was another flight attendant who admitted to taking the can of soda. After investigation, UA still terminated her employment on the grounds of serious misconduct and loss of trust and confidence. Was Salve validly dismissed? Discuss briefly.
- Rajah Management (RM), the authorized local placement agency of Sultan Group (SG), posted a job listing for project manager based in Qatar. Silang applied for the position. After RM forwarded the documents of Silang to SG for the processing of her work visa, SG sent a tourist visa notice instead of a work visa. Six months into her two-year contract, Silang was repatriated by SG with instructions to apply anew for deployment under a work RM directed Silang to undergo a pre-employment medical examination. When it was discovered that she has uncontrolled diabetes, SG terminated her employment. Thus, Silang filed a complaint for illegal dismissal against SG and RM. SG argued that the disease of Silang was a valid cause for dismissal. Is the contention of SG correct? Discuss.
- University of San Lazaro (USL) hired Dolores to work as a credit and collection officer in its accounting department. Based on its audit reports, USL found several anomalous transactions within the accounting department, resulting in a shortage of ₱2 Dolores went on leave during the audit, but later tendered her resignation. After its investigation, USL terminated the employment of Dolores and filed a criminal case against her. Dolores subsequently filed a complaint for illegal dismissal against USL, which claimed that Dolores had voluntarily resigned. Will the complaint of Dolores prosper? Explain.
- In 2012, Magbanua Hotel (MH) hired Josefa and assigned her to the food and beverage For six consecutive years, Josefa worked five days a week. However, in 2018, MH, suddenly and without explanation, reduced the regular workdays of Josefa to two days per week, resulting in the reduction of her take- home pay. Josefa thus filed a complaint for constructive dismissal. In belying her claim, MH insisted that there could be no constructive dismissal because Josefa still continued reporting for work even during the pendency of the case. Was Josefa constructively dismissed? Decide with reasons.
- Consolacion is a Hong Kong-based, Filipino flight attendant of Hiroshi Airlines (HA), a Japanese airline licensed to do business in the Philippines. She was dismissed from employment as she was accused of stealing wine bottles and cheese from the Melbourne-bound aircraft of HA. Consolacion then instituted a complaint for illegal dismissal and money claims against HA with the Labor Arbiter (LA). In its defense, HA asserted that the LA had no jurisdiction to hear the dispute as the incident occurred in a foreign jurisdiction and involved a foreign entity. Does the LA have jurisdiction over the case? Explain.
- The employees of Bonifacio Memorial Hospital (BMH), who are union officers and members of BMH Nurses Association, staged a strike to protest the failure of BMH to provide them with adequate personal protective equipment and sufficient hazard pay. What legal remedy can BMH avail of to immediately enjoin the strike as well as ensure the proper protection of the life and health of its patients? Explain your answer.