Month: August 2019

— Criminal Law —

KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

August 28, 2019

Elements ––  Serious Illegal Detention or Kidnapping with Ransom is punished under Art. 267 of the RPC; the following elements must concur:  (a) the offender is a private individual;  (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty;  (c) the act of detention or kidnapping must be illegal;… Read More KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

August 18, 2019

I. Ludong, Balatong, and Labong were charged with murder. After trial, the court announced that the case was considered submitted for decision. Subsequently, the Clerk of Court issued the notices of promulgation of judgment which were duly received. On promulgation day. Ludong and his lawyer appeared. The lawyers of Balatong and Labong appeared but without… Read More SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

— Bar Q & A, Mercantile Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW UP Law Complex

August 17, 2019

I. A.  Absolute Timber Co. (ATC) has been engaged in the logging business in Isabela. To secure one of its shipments of logs to be transported by Andok Shipping Co., ATC purchased a marine policy with an all-risk provision, Because of a strong typhoon then hitting Northern Luzon, the vessel sank and the shipment of… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW UP Law Complex

— Criminal Law —

CLASSIFICATION OF FELONIES [And their Penalties]

August 16, 2019

Grave, Less Grave, and Light Felonies Paman v. People G.R. No. 210129, July 05, 2017 [Serious Physical Injuries is a Less Grave Felony] Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. [RPC, Article 9, paragraph (2)] Correctional penalties include prision correccional, arresto mayor, suspension, and… Read More CLASSIFICATION OF FELONIES [And their Penalties]

— Bar Q & A, Political Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN POLITICAL LAW UP Law Complex

August 15, 2019

I. A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision. (a) What are the methods of amending the Constitution? Explain briefly each method. (3%)  SUGGESTED ANSWER  The Constitution may be amended or revised by the… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN POLITICAL LAW UP Law Complex

— Bar Q & A, Civil Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN CIVIL LAW UP LAW CENTER

August 14, 2019

I. State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for your answer: (a) Ador and Becky’s marriage wherein Ador was afflicted with AIDS prior to the marriage. (2%) SUGGESTED ANSWER (a) The marriage is voidable, because Ador was afflicted with a serious and incurable sexually-transmitted disease at… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN CIVIL LAW UP LAW CENTER

— Bar Q & A, Labor Law —

Cases and Bar Q & A in Illegal Recruitment v. Estafa and Illegal Recruitment in Large Scale

August 13, 2019

Illegal Recruitment v. Estafa People vs. Dela Cruz, G.R. No. 214500, June 28, 2017 It is well-established in jurisprudence that a person may be charged and convicted for both illegal recruitment and estafa. The reason therefor is not hard to discern: illegal recruitment is malum prohibitum, while estafa is mala in se. In the first,… Read More Cases and Bar Q & A in Illegal Recruitment v. Estafa and Illegal Recruitment in Large Scale

— Bar Q & A, Taxation —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN TAXATION

August 8, 2019

UP LAW COMPLEX I. SMZ, Inc. is a VAT-registered enterprise engaged in the general construction business. HP International contracts the services of SMZ Inc, to construct HP International’s factory building located in the Laguna TechnoPark, a special economic zone HP International is registered with the Philippine Economic Zone Authority (PEZA) as an ecozone export enterprise,… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN TAXATION

— Constitutional Law, Political Law —

Amendments or Revisions of the Constitution: Cases and Bar Q & A

August 7, 2019

ARTICLE XVII SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention. SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least… Read More Amendments or Revisions of the Constitution: Cases and Bar Q & A

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

August 4, 2019

I. What trial court outside Metro Manila has exclusive original jurisdiction over the following cases? Explain briefly your answers.  (a) An action filed on November 13, 2017 to recover the possession of an apartment unit being occupied by the defendant by mere tolerance of the plaintiff, after the former ignored the last demand to vacate… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex