Author: pinayjurist

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— Bar Q & A, Taxation —

2016 Bar Exam Suggested Answers in Taxation by the UP Law Complex

December 31, 2018

I Briefly explain the following doctrines: lifeblood doctrine; necessity the benefits received principle; and, doctrine of symbiotic relationship (5%) SUGGESTED ANSWER The following doctrines, explained: ✓ Lifeblood doctrine – Without revenue raised from taxation, the government will not survive, resulting in detriment to society. Without taxes, the government would be paralyzed for lack of motive… Read More 2016 Bar Exam Suggested Answers in Taxation by the UP Law Complex

— Bar Q & A, Civil Law —

2014 Bar Exam Suggested Answers in Civil Law by the UP Law Complex

December 29, 2018

  CIVIL LAW I. Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). They fell in love with each other and had a civil and church wedding. Meanwhile, Paz rapidly climbed the corporate ladder of PSB and eventually became its VicePresident, while Ariz remained one of its bank supervisors, although he was short… Read More 2014 Bar Exam Suggested Answers in Civil Law by the UP Law Complex

— Criminal Law —

Rustia v. People G.R. No. 208351, October 05, 2016 Treachery, Murder

December 5, 2018

FACTS: Ambrocio Cristin went to the Barangay Hall to meet accused-appellants in order to talk to them about the land that Cristin had bought from a certain Agcaoile. They were arguing when they left, and Accused-appellant Rustia, Jr. suddenly restrained the Cristin on his waist. Accused-appellants Rustia, Sr. and Faustino helped accused-appellant Rustia, Jr. restrain… Read More Rustia v. People G.R. No. 208351, October 05, 2016 Treachery, Murder

— Criminal Law —

TAN v. TAN G.R. No. 168852 September 30, 2008 R.A. No. 9262, Conspiracy

December 5, 2018

FACTS: Sharica Mari Go-Tan (petitioner) and Steven Tan were married and have two female children. Barely six years into the marriage, petitioner filed a Petition with Prayer for the Issuance of a Temporary Protective Order (TPO) against Steven and her parents-in-law, herein respondents, before the RTC. She alleged that Steven, in conspiracy with respondents, were… Read More TAN v. TAN G.R. No. 168852 September 30, 2008 R.A. No. 9262, Conspiracy

— Intellectual Property Law —

EMERALD GARMENT v. CA G.R. No. 100098 December 29, 1995 Trademark Law

November 29, 2018

FACTS: Private respondent H.D. Lee Co., Inc., a foreign corporation, filed with the Bureau of Patents, Trademarks & Technology Transfer (BPTTT) a Petition for Cancellation of Registration No. SR 5054 for the trademark “STYLISTIC MR. LEE” used on clothing and lingerie issued in the name of petitioner Emerald Garment Manufacturing Corp., a domestic corporation organized… Read More EMERALD GARMENT v. CA G.R. No. 100098 December 29, 1995 Trademark Law

— Constitutional Law, Criminal Law —

SCHNECKENBURGER v. MORAN G.R. No. L-44896 July 31, 1936 Jurisdiction

November 28, 2018

FACTS: The petitioner, an honorary consul of Uruguay in the Philippines, was charged with the crime of falsification of a private document before the CFI of Manila. He objected to the jurisdiction of the court on the ground that both under the Constitution of the United States and the Constitution of the Philippines the court… Read More SCHNECKENBURGER v. MORAN G.R. No. L-44896 July 31, 1936 Jurisdiction

— Civil Law —

LOCSIN V. HIZON G.R. No. 204369 September 17, 2014 Mirror Doctrine, Innocent Purchaser for Value

November 27, 2018

FACTS: Petitioner Locsin was the registered owner of a lot covered by TCT No. 235094. In 1992, she filed an ejectment case against one Billy Aceron (Aceron) to recover possession over the land in issue. Eventually, the two entered into a compromise agreement, which the MTC approved. Locsin later went to the US without knowing… Read More LOCSIN V. HIZON G.R. No. 204369 September 17, 2014 Mirror Doctrine, Innocent Purchaser for Value

— Remedial Law —

MMDA v. CONCERNED RESIDENTS OF MANILA BAY G.R. Nos. 171947-48 December 18, 2008 Mandamus

November 21, 2018

FACTS: Respondents Concerned Residents of Manila Bay filed a complaint before the RTC in Imus, Cavite against several government agencies, among them the petitioners, for the cleanup, rehabilitation, and protection of the Manila Bay. The complaint alleged that the water quality of the Manila Bay had fallen way below the allowable standards set by law,… Read More MMDA v. CONCERNED RESIDENTS OF MANILA BAY G.R. Nos. 171947-48 December 18, 2008 Mandamus

— Bar Q & A, Remedial Law —

2007 Remedial Law BAR EXAM Q&A (with A Summary of Topics covered)

November 19, 2018

Recognition of Foreign Judgments Foreign Arbitral Award Global Injunction Petition for Relief from judgment Hearsay Rule Declaration of Nullity of Marriage Habeas Corpus (Custody of minor child) Demurrer to Evidence Right to Speedy Trial Certificate against Forum Shopping Extrajudicial Settlement of Estate Reversed Trial Petition for Annulment of Judgment I (Total 10%) (a) What are… Read More 2007 Remedial Law BAR EXAM Q&A (with A Summary of Topics covered)