I. Define the following terms: (4%) (A) counsel de oficio (B) counsel de parte (C) amicus curiae (D) attorney of record SUGGESTED ANSWER (A) counsel de officio – a lawyer appointed by the court to represent a party who cannot afford to secure a lawyer to represent him in a case. (B) counsel de parte… Read More 2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex
FACTS: Virginia G. Fule filed a petition for letters of administration, alleging Amado G. Garcia died intestate, leaving real estate and personal properties. She moved ex parte for her appointment as special administratrix over the estate. Judge Malvar granted the motion. Preciosa B. Garcia filed an MR contending that the order appointing Virginia… Read More FULE vs. CA G.R. No. L-40502 November 29, 1976 Succession, Appointment of Special Administrator, Residence
FACTS: This is a petition for review on certiorari, seeking to annul the order of the respondent judge of the CFI of Manila, which admitted to and allowed the probate of the last will and testament of Adoracion C. Campos, after an ex-parte presentation of evidence by herein private respondent. Adoracion C. Campos… Read More CAYETANO vs. LEONIDAS G.R. No. L-54919 May 30, 1984 Jurisdiction of the Probate Court, Succession
FACTS: A parcel of residential land was left behind by the late Paulina Vargas. A notarized Extra Judicial Settlement Among Heirs was executed by and among the heirs, partitioning and adjudicating unto themselves the lot in question and was published for 3 weeks. An Extra Judicial Settlement Among Heirs with Sale was again executed… Read More CUA vs. VARGAS G.R. No. 156536 October 31, 2006 Rule 74, Extrajudicial Settlement
SAMSON v. AGUIRRE G.R. No. 133076 September 22, 1999 FACTS: RA 8535 was signed into law creating the City of Novaliches out of 15 barangays of Quezon City. Petitioner Moises Samson, incumbent councilor of the first district of Quezon City, challenged the constitutionality of Republic Act No. 8535 and sought to enjoin its implementation,… Read More Local Government Code/ Public Corporation Law Case Digests
I. (A) Nadine has a checking account with Fair & Square Bank. One day, she lost her checkbook and the finder was able to forge her signature and encash the forged check. Will Nadine be able to recover the amount debited from her checking account from Fair & Square Bank? Justify your answer. (3%)… Read More 2015 Bar Exam Suggested Answers in Mercantile Law by the UP Law Complex
LABOR LAW I. Linda was employed by Sectarian University (SU) to cook for the members of a religious order who teach and live inside the campus. While performing her assigned task, Linda accidentally burned herself. Because of the extent of her injuries, she went on medical leave. Meanwhile, SU engaged a replacement cook.… Read More 2014 Bar Exam Suggested Answers in Labor Law by the UP Law Complex
CRIMINAL LAW I. Ms. A had been married to Mr. B for 10 years. Since their marriage, Mr. B had been jobless and a drunkard, preferring to stay with his “barkadas” until the wee hours of the morning. Ms. A was the breadwinner and attended to the needs of their three (3) growing children. Many… Read More Bar Exam 2014 Suggested Answers in Criminal Law by the UP Law Complex
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
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
