Author: pinayjurist

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— 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

— Criminal Law —

PEOPLE v. TEODORO G.R. No. 175876 February 20, 2013 Recantation by the Victim in Statutory Rape

August 2, 2019

FACTS: Tomas Teodoro was convicted for two counts of rape in which the victim, AAA, was the 8-year old daughter of BBB, his common-law wife. The Regional Trial Court had pronounced Teodoro guilty of two counts of statutory rape on December 10, 2001, and condignly meted him the penalty of reclusion perpetua for each count.… Read More PEOPLE v. TEODORO G.R. No. 175876 February 20, 2013 Recantation by the Victim in Statutory Rape

— Criminal Law, Remedial Law —

PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

July 29, 2019

FACTS: The Court adopted in toto the Decision dated January 29, 2014 of the CA, the pertinent portion of which reads: WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the January 29, 2014 Decision of the CA in CA-G.R. [CR-H.C.] No. 05383 and AFFIRMS said Decision finding accused­ appellant Ariel… Read More PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

— Remedial Law —

PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal

July 25, 2019

FACTS: Herein petitioner filed a complaint for recovery of the contractual liability of respondent, for the recovery of the sum of P2,698,637.00, representing the insured value of the lost or undelivered 377.168 metric tons of Prime Newly Hot Rolled Steel Billets, including attorney’s fees and costs. Respondent filed a motion to dismiss, which was denied… Read More PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal