GARCIA vs. RECIO
FACTS:
Rederick Recio, a Filipino was married to Editha Samson, an Australian citizen, in Malabon, Rizal on March 1, 1987. On May 18, 1989 a decree of divorce was issued by an Australian family court. On June 26, 1992, respondent became an Australian citizen and on January 12, 1994, he married Grace Garcia in Cabanatuan City.
Starting October 22, 1995, petitioner and respondent live separately without prior dissolution of their marriage. Their conjugal assets were divided on May 16, 1996 in accordance with their statutory Declarations secured in Australia.
On March 3, 1998, petitioner filed a complaint for declaration of Nullity of Marriage on the ground of bigamy. On July 7, 1998, respondent was able to secure a divorce decree from a family court in Australia. The court admitted the evidence and declared the marriage dissolved on the ground that the divorce decree issued in Australia was valid and recognized in the Philippines.
ISSUE:
The two pivotal issues are (1) whether the divorce between respondent and Editha Samson was proven, and (2) whether respondent was proven to be legally capacitated to marry petitioner.
RULING
The petition is partly meritorious.
Before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. Presentation solely of the divorce decree is insufficient.
The court ordered a REMAND of the case to the court a quo for the purpose of receiving evidence which conclusively show respondent’s legal capacity to marry petitioner; and falling in that of declaring the parties’ marriage void on the ground of bigamy.

ALICE REYES VAN DORN vs. Hon. MANUEL V. ROMILLO JR.
FACTS:
In this Petition for Certiorari and Prohibition, petitioner Alice Reyes Van Dorn seeks to set aside the orders, dated September 15, 1983 and August 3, 1983 I n Civil Case No. 1075 – P, issued by respondents judge, which denied her Motion to Dismiss said case and he Motion for Reconsideration of the Dismissal order, respectively.
The petitioner is a citizen of the Philippines while private respondent is a citizen of the U.S.; that they were married in HK in 1972; that after the marriage they established their residence in the Philippines; that they begot two children; that the parties were divorced in Nevada, U.S. in 1982; and that the petitioner re-married also in Nevada, this time to Theodore Van Dorn.
On June 8, 1983, private respondent filed suit against petitioner of the RTC branch in Pasay City, stating that petitioner’s business in Ermita, Manila (the Galleon Shop) is conjugal property of the parties, and asking the petitioner be ordered to render an accounting of the business, and that private respondent be declared with right to manage the conjugal property.
ISSUE:
Whether or not the court erred in dismissing the case on the ground that the property involved is located in the Philippines so that the Divorce Decree has no bearing in the case.
RULING:
The petition is granted and respondent Judge was ordered to dismiss the complaint filed in Civil Code of his court.
Pursuant to his national law, private respondent is no longer the husband of petitioner. He would have no standing to sue in the case below as petitioner’s husband entitled to exercise control over conjugal assets. As he is bound by the decision of his own country’s court, which validly exercised jurisdiction over him, and whose decision he does not repudiate, he is stopped by his own representation before said court from asserting his right over the alleged conjugal property.
Petitioner should not be obliged to live together, observe respect and fidelity, and render support to private respondent. The latter should not continue to be one of her heirs with possible rights to conjugal property. She should not be discriminated against in her own country if the ends of justice are to be served.

People us Veneracion 249 SCRA 247
GR No – 119987-88 Oct. 12, 1995
FACTS:
On August 2, 1994, the lifeless body of Angel Alquiza, 7 years old, was found floating along Del Pan St., near the corner of Lavesares st., Binondo Manila. Abundio Lagunday a.k.a. Jr. Jeofrey of no fixed address and Lagarto of Tondo Manila were later charged with the crime of Rape with Homicide. Subsequently, Cordero, Manlangit, Baltazar and Yaon were accused of the same crime of Rape with Homicide.
On January 31, 1995 finding the defendants Henry Lagarto and Ernesto Cordero guilty beyond reasonable doubt of the crime of Rape with Homicide and sentenced with “reclusion perpetua with all the accessories provided by law”. The City Prosecutor of Manila filed a motion for Reconsideration on February 8, 1995 praying that the decision be “modified in that the penalty of death be imposed” against the respondents Lagarto and Cordero. On February 10, 1995, the judge issued an order denying the same for lack of jurisdiction.
ISSUE:
Whether or not the respondent judge acted with grave abuse of discretion and in excess of jurisdiction when he failed and/or refused to impose the mandatory penalty of death under RA # 7659, after finding the accused guilty of the crime Rape with Homicide.
RULING:
Obedience to the rule of law forms the bedrock of the justice system. If judges under the guise of religious or political beliefs were allowed to roam unrestricted beyond boundaries within which they are required by law to exercise the duties of their office, then law becomes meaningless. A government of laws, not of men, excludes the exercise of broad discretionary powers by those acting under its authority.
In the case of bench, since the law in force at the time of the commission of the crime for which respondent judge found the accused guilty, of he was bound by its provisions. After an adjudication of guilt, the judge should impose “the proper penalty and civil liability provided for the law on the accused. This is a case in which a judge, fully aware of the appropriate provisions of the law refuses to impose a penalty to which he disagrees”.
The instant petition is Granted. The case is hereby Remanded to the RTC for the imposition of the penalty of death upon private respondents in consonance with respondent judge’s findings that the private respondents had committed the crime of Rape with Homicide under Art 335 of the RPC, as amended by section 11 of RA # 7659, subject to automatic review by this court of the decision imposing the death penalty

This is one OPM rap I loved eversince I first heard it over a radio station. We haven't changed presidents back then so I thought this is a good reference to a politician who knows nothing but to spend public funds for personal use and personal gains!

I am trying to translate it but my mind is preoccupied for the moment. Let me just write down the lyrics and try to translate some words or at least give you the meaning of the words as they are used in the song.

Upuan - is a chair, referred to the executive chair either local or national
Tao po - literally translated is: "person" + po which is a Filipino word signifying respect
- this phrase is normally used when you go to another house that has no doorbell so we yell "tao po" a gesture for the person inside the house that we either want to go inside, or ask them something or to give them a letter etc. So my translation below is "knock knock!" which signifies that a person wants to come in.
Barong - is the national costume for males here in the Philippines.

Oh well, looking at the status of my country right now, with the current president who is equally rich but more down to earth than the previous one -- I am just worried about this new found hope in our new president because of all the wealth that was amassed or stolen or unwisely spent by the previous administration, it would not be too difficult for them to make this president disappear with just a snap of a finger.

That chair in that palace is really so powerful but if you (Mr. President) are not too careful yourself, especially that you have expressed your disgust and dismay over the past administration, they can use all the money they got in destroying your current career. So be careful... we should all be careful and guard our ranks. (This is what I learn from my activist friends ;-))

UPUAN (Chair)

Kayo po na naka upo, (you who are seated)
Subukan nyo namang tumayo (try to stand up)
At baka matanaw, at baka matanaw na nyo (so you will see or you might see)
Ang tunay na kalagayan ko (my true situation)

Ganito kasi yan eh... (It's like this eh!)

Verse 1:

Tao po*, nandyan po ba kayo (Knock, knock are you there)
Sa loob ng malaking bahay at malawak na bakuran (Inside that big house and spacious surrounding)
Mataas na pader pinapaligiran (surreounded by high fences)
At naka pilang mga mamahaling sasakyan (and in line are expensive vehicles)
Mga bantay na laging bulong ng bulong (with guards who are always whispering)
Wala namang kasal pero marami ang naka barong (There is no wedding but a lot of them are in barong**)
Lumakas man ang ulan ay walang butas ang bubong (The rain may be strong but there are no holes in the roof)
Mga plato't kutsara na hindi kilala ang tutong (with plates and spoon that doesn't know burned rice)
At ang kanin ay simputi ng gatas na nasa kahon (their rice is as white as the milk in the box)
At kahit na hindi pasko sa lamesa ay may hamon (and tho it is not Christmas, there is ham in the table)
Ang sarap sigurong manirahan sa bahay na ganyan (Perhaps its nice to stay in a house like that)
Sabi pa nila ay dito mo rin matatagpuan (and they said this is where you will find)
Ang tao na nagmamay-ari ng isang upuan ( the person who owned one chair)
Na pag may pagkakatao'y pinag-aagawan (that given a chance, a lot of people scramble for it)
Kaya naman hindi niya pinakakawalan (that is why it is never given up)
Kung makikita ko lamang siya ay aking sisigawan (if i could only see him/her, ill shout at him/her!)

Chorus:

Kayo po na naka upo, (you who are seated)
Subukan nyo namang tumayo (try to stand up)
At baka matanaw, at baka matanaw na nyo (so you will see or you might see)
Ang tunay na kalagayan ko (my true situation)

Verse 2:

Mawalang galang na po sa taong naka upo, (Excuse me to the person who is seated)
Alam niyo bang pantakal ng bigas namin ay di puno (do you know that our cup measure for rice is not full)
Ang ding-ding ng bahay namin ay pinagtagpi-tagping yero (the wall of our house is made of old iron sheets)
Sa gabi ay sobrang init na tumutunaw ng yelo (in the evening will melt an ice)
Na di kayang bilhin upang ilagay sa inumin (which we cannot afford to buy for our drink)
Pinakulong tubig sa lumang takuring uling-uling (Boiled water from charcoaled kettle)
Gamit lang panggatong na inanod lamang sa istero (Used with wood which was flowed with/in the drainage)
Na nagsisilbing kusina sa umaga'y aming banyo (Our kitchen served as our toilet in the morning)
Ang aking inay na may kayamanan isang kaldero (My mother has a treasure which is one rice casserole)
Na nagagamit lang pag ang aking ama ay sumweldo (which we only use when my father receives his salary)
Pero kulang na kulang parin, (but it is still not enough)
Ulam na tuyo't asin (menu which is dried fish and salt)
Ang singkwenta pesos sa maghapo'y pagkakasyahin (We try to squeeze 50 pesos the whole day)
Di ko alam kung talagang maraming harang (I really don't know if there are a lot of barricades)
O mataas lang ang bakod (or they only have high fences)
O nagbubulag-bulagan lamang po kayo (Or they are turning a blind eye)
Kahit sa dami ng pera niyo (with the abundance of your money)
Walang doktor na makapagpapalinaw ng mata niyo (No doctor can make your eyes clear)
Kaya... (That's why)

Wag kang masyadong halata (Don't be too obvious)
Bato-bato sa langit (rocks from heaven)
Ang matamaa'y wag magalit (those who will be hit)
O bato-bato bato sa langit (o rocks from heaven)
Ang matamaan ay wag masyadong halata (If you get hit, don't be too obvious)
Wag kang masyadong halata (Don't be too obvious)
Hehey, (Wag kang masyadong halata)
(Wag kang masyadong halata)

(Chant)

More lyrics: http://www.lyricsmode.com/lyrics/g/gloc_9/#share

Listen to the song here:
http://www.lyricsmode.com/lyrics/g/gloc_9/upuan.html

If you have any additions or clarifications on my translation of the song UPUAN, please do not hesitate to leave your comment.

Manila

Bar Exam Questions
Labor Law
2010

PART I
I
TRUE OR FALSE. Explain your answer briefly.
1. Deeds of release, waivers and quitclaims are always valid
and binding. (2%)
2. The relations between employer and employee are purely
contractual in nature. (2%)
3. As a general rule, direct hiring of Overseas Filipino Workers
(OFWs) is not allowed. (2%)
II
A. Distinguish the terms “conciliation,” “mediation” and
“arbitration.” (3%)
B. Differentiate “surface bargaining” from “blue-sky
bargaining.” (2%)
III
A, single, has been an active member of the Social Security
System for the past 20 months. She became pregnant out of
wedlock and on her 7th month of pregnancy, she was informed that
she would have to deliver the baby through caesarean section
because of some complications. Can A claim maternity benefits?
If yes, how many days can she go on maternity leave? If not, why
is she not entitled? (3%)
Labor and Social Legislation Page 3 of 13
IV
A, a worker at ABC Company, was on leave with pay on
March 31, 2010. He reported for work on April 1 and 2, Maundy
Thursday and Good Friday, respectively, both regular holidays. Is
A entitled to holiday pay for the two successive holidays? Explain.
(3%)
V
Company XYZ has two recognized labor unions, one for its
rank-and-file employees (RFLU), and one for supervisory
employees (SELU). Of late, the company instituted a restructuring
program by virtue of which A, a rank-and-file employee and
officer of RFLU, was promoted to a supervisory position along
with four (4) other colleagues, also active union members and/or
officers. Labor Union KMJ, a rival labor union seeking
recognition as the rank-and-file bargaining agent, filed a petition
for the cancellation of the registration of RFLU on the ground that
A and her colleagues have remained to be members of RFLU. Is
the petition meritorious? Explain. (3%)
VI
A is a member of the labor union duly recognized as the sole
bargaining representative of his company. Due to a bargaining
deadlock, 245 members of the 500-strong union voted on March
13, 2010 to stage a strike. A notice of strike was submitted to the
National Conciliation and Mediation Board on March 16, 2010.
Seven days later or on March 23, 2010, the workers staged a strike
in the course of which A had to leave and go to the hospital where
his wife had just delivered a baby. The union members later
intimidated and barred other employees from entering the work
premises, thus paralyzing the business operations of the company.
A was dismissed from employment as a consequence of the
strike.
Labor and Social Legislation Page 4 of 13
A. Was the strike legal? Explain. (3%)
B. Was A’s dismissal valid? Why or why not? (3%)
VII
A was an able seaman contracted by ABC Recruitment
Agency for its foreign principal, Seaworthy Shipping Company
(SSC). His employment contract provided that he would serve on
board the Almieda II for eight (8) months with a monthly salary of
US$450. In connection with his employment, he signed an
undertaking to observe the drug and alcohol policy which bans
possession or use of all alcoholic beverages, prohibited substances
and un-prescribed drugs on board the ship. The undertaking
provided that: (1) disciplinary action including dismissal would
be taken against anyone in possession of the prohibited substances
or who is impaired by the use of any of these substances, and (2)
to enforce the policy, random test sampling would be done on all
those on board the ship.
On his third month of service while the Almieda II was
docked at a foreign port, a random drug test was conducted on all
members of the crew and A tested positive for marijuana. He was
given a copy of the drug test result. In compliance with the
company’s directive, he submitted his written explanation which
the company did not find satisfactory. A month later, he was
repatriated to the Philippines.
Upon arrival in the Philippines, A filed with the National
Labor Relations Commission (NLRC) a complaint against the
agency and the principal for illegal dismissal with a claim for
salaries for the unexpired portion of his contract.
A. Was A’s dismissal valid? Explain. (3%)
B. Is his claim for salaries for the unexpired portion of his
contract tenable? Explain. (3%)
Labor and Social Legislation Page 5 of 13
VIII
ABC company and U labor union have been negotiating for a
new Collective Bargaining Agreement (CBA) but failed to agree
on certain economic provisions of the existing agreement. In the
meantime, the existing CBA expired. The company thereafter
refused to pay the employees their midyear bonus, saying that the
CBA which provided for the grant of midyear bonus to all
company employees had already expired. Are the employees
entitled to be paid their midyear bonus? Explain your answer.
(3%)
IX
A was working as a medical representative of RX
pharmaceutical company when he met and fell in love with B, a
marketing strategist for Delta Drug Company, a competitor of RX.
On several occasions, the management of RX called A’s attention
to the stipulation in his employment contract that requires him to
disclose any relationship by consanguinity or affinity with coemployees
or employees of competing companies in light of a
possible conflict of interest. A seeks your advice on the validity of
the company policy. What would be your advice? (3%)
X
A, an employee of XYZ Cooperative, owns 500 shares in the
cooperative. He has been asked to join the XYZ Cooperative
Employees Association. He seeks your advice on whether he can
join the association. What advice will you give him? (3%)
Labor and Social Legislation Page 6 of 13
XI
Because of continuing financial constraints, XYZ, Inc. gave
its employees the option to voluntarily resign from the company.
A was one of those who availed of the option. On October 5,
2007, he was paid separation benefits equivalent to seven (7)
months pay for his six (6) years and seven (7) months of service
with the company and he executed a waiver and quitclaim.
A week later, A filed against XYZ, Inc. a complaint for
illegal dismissal. While he admitted that he was not forced to sign
the quitclaim, he contended that he agreed to tender his voluntary
resignation on the belief that XYZ, Inc. was closing down its
business. XYZ, Inc., however, continued its business under a
different company name, he claimed.
Rule on whether the quitclaim executed by A is valid or not.
Explain. (3%)
XII
On December 12, 2008, A signed a contract to be part of the
crew of ABC Cruises, Inc. through its Philippine manning agency
XYZ. Under the standard employment contract of the Philippine
Overseas Employment Administration (POEA), his employment
was to commence upon his actual departure from the port in the
point of hire, Manila, from where he would take a flight to the
USA to join the cruise ship “MS Carnegie.” However, more than
three months after A secured his exit clearance from the POEA for
his supposed departure on January 15, 2009, XYZ still had not
deployed him for no valid reason.
Is A entitled to relief? Explain. (3%)
Labor and Social Legislation Page 7 of 13
XIII
A is employed by XYZ Company where XYZ Employees
Union (XYZ-EU) is the recognized exclusive bargaining agent.
Although A is a member of rival union XYR-MU, he receives the
benefits under the CBA that XYZ-EU had negotiated with the
company.
XYZ-EU assessed A a fee equivalent to the dues and other
fees paid by its members but A insists that he has no obligation to
pay said dues and fees because he is not a member of XYZ–EU
and he has not issued an authorization to allow the collection.
Explain whether his claim is meritorious. (3%)
- END OF PART I –
Labor and Social Legislation Page 8 of 13
PART II
XIV
After working from 10 a.m. to 5 p.m. on a Thursday as one of
5,000 employees in a beer factory, A hurried home to catch the
early evening news and have dinner with his family. At around 10
p.m. of the same day, the plant manager called and ordered A to
fill in for C who missed the second shift.
A. May A validly refuse the plant manager’s directive? Explain.
(2%)
B. Assuming that A was made to work from 11 p.m. on
Thursday until 2 a.m. on Friday, may the company argue
that, since he was two hours late in coming to work on
Thursday morning, he should only be paid for work rendered
from 1 a.m. to 2 a.m.? Explain? (3%)
XV
Samahang Manggagawa ng Terracota, a union of
supervisory employees at Terracota Inc., recently admitted a
member of the company’s managerial staff, A, into the union
ranks.
A. Should A be a member of the supervisory union? Explain.
(2%)
B. Assuming that A is ineligible to join the union, should the
registration of Samahang Manggagawa ng Terracota be
cancelled? Explain. (3%)
Labor and Social Legislation Page 9 of 13
XVI
On the first day of collective bargaining negotiations between
rank-and-file Union A and B Bus Company, the former proposed a
P45/day increase. The company insisted that ground rules for
negotiations should first be established, to which the union agreed.
After agreeing on ground rules on the second day, the union
representatives reiterated their proposal for a wage increase. When
company representatives suggested a discussion of political
provisions in the Collective Bargaining Agreement as stipulated in
the ground rules, union members went on mass leave the next day
to participate in a whole-day prayer rally in front of the company
building.
A. The company filed a petition for assumption of jurisdiction
with the Secretary of Labor and Employment. The Union
opposed the petition, arguing that it did not intend to stage a
strike. Should the petition be granted? Explain. (2%)
B. The Union contended that assuming that the mass leave will
be considered as a strike, the same was valid because of the
refusal of the company to discuss the economic provisions of
the CBA. Rule on the contention. (2%)
C. Union member AA, a pastor who headed the prayer rally,
was served a notice of termination by management after it
filed the petition for assumption of jurisdiction. May the
company validly terminate AA? Explain. (2%)
XVII
A was hired to work in a sugar plantation performing such
tasks as weeding, cutting and loading canes, planting cane points,
fertilizing and cleaning the drainage. Because his daily presence in
the field was not required, A also worked as a houseboy at the
house of the plantation owner. For the next planting season, the
owner decided not to hire A as a plantation worker but as a
houseboy instead. Furious, A filed a case for illegal dismissal
against the plantation owner. Decide with reason. (3%)
Labor and Social Legislation Page 10 of 13
XVIII
Flight attendant A, five feet and six inches tall, weighing 170
pounds ended up weighing 220 pounds in two years. Pursuant to
the long standing Cabin and Crew Administration Manual of the
employer airline that set a 147-pound limit for A’s height,
management sent A a notice to “shape up or ship out” within 60
days. At the end of the 60-day period, A reduced her weight to
205 pounds. The company finally served her a Notice of
Administration Charge for violation of company standards on
weight requirements. Should A be dismissed? Explain. (3%)
XIX
Several employees and members of Union A were terminated
by Western Phone Co. on the ground of redundancy. After
complying with the necessary requirements, the Union staged a
strike and picketed the premises of the company. The management
then filed a petition for the Secretary of Labor and Employment to
assume jurisdiction over the dispute. Without the benefit of a
hearing, the Secretary issued an Order to assume jurisdiction and
for the parties to revert to the status quo ante litem.
A. Was the order to assume jurisdiction legal? Explain. (2%)
B. Under the same set of facts the Secretary instead issued an
Order directing all striking workers to return to work within
24 hours, except those who were terminated due to
redundancy. Was the Order legal? Explain. (3%)
Labor and Social Legislation Page 11 of 13
XX
A, a driver for a bus company, sued his employer for nonpayment
of commutable service incentive leave credits upon his
resignation after five years of employment. The bus company
argued that A was not entitled to service incentive leave since he
was considered a field personnel and was paid on commission
basis and that, in any event, his claim had prescribed. If you were
the Labor Arbiter, how would you rule? Explain. (6%)
XXI
A was approached for possible overseas deployment to Dubai
by X, an interviewer of job applicants for Alpha Personnel
Services, Inc., an overseas recruitment agency. X required A to
submit certain documents (passport, NBI clearance, medical
certificate) and to pay P25,000 as processing fee. Upon payment
of the said amount to the agency cashier, A was advised to wait for
his visa. After five months, A visited the office of Alpha
Personnel Services, Inc. during which X told him that he could no
longer be deployed for employment abroad. A was informed by
the Philippine Overseas Employment Administration (POEA) that
while Alpha Personnel Services, Inc. was a licensed agency, X
was not registered as its employee, contrary to POEA Rules and
Regulations. Under POEA Rules and Regulations, the obligation
to register personnel with the POEA belongs to the officers of a
recruitment agency.
A. May X be held criminally liable for illegal recruitment?
Explain. (2%)
B. May the officers having control, management or direction of
Alpha Personnel Services, Inc. be held criminally liable for
illegal recruitment? Explain. (3%)
Labor and Social Legislation Page 12 of 13
XXII
A was recruited to work abroad by Speedy Recruitment
Agency as a technician for a Saudi Arabian construction firm, with
a monthly salary of $650.00. When she got to the construction
site, the employer compelled her to sign another contract that
referred her to another employer for a salary of $350.00. She
worked for the second employer and was paid $350.00 until her
two-year contract expired. Upon her return to the Philippines, she
filed a case against the agency and the two employers. May the
agency validly raise the defense that it was not privy to the transfer
of A to the second employer? Explain. (3%)
XXIII
A worked as a roomboy in La Mallorca Hotel. He sued for
underpayment of wages before the NLRC, alleging that he was
paid below the minimum wage. The employer denied any
underpayment, arguing that based on long standing, unwritten
policy, the Hotel provided food and lodging to its housekeeping
employees, the costs of which were partly shouldered by it and the
balance was charged to the employees. The employees’
corresponding share in the costs was thus deducted from their
wages. The employer concluded that such valid deduction
naturally resulted in the payment of wages below the prescribed
minimum. If you were the Labor Arbiter, how would you rule?
Explain. (3%)
XXIV
Rank-and-file workers from Peacock Feathers, a company
with 120 employees, registered their independent labor
organization with the Department of Labor and Employment
(DOLE) Regional Office. Management countered with a petition
to cancel the union’s registration on the ground that the minutes of
ratification of the union constitution and by-laws submitted to the
DOLE were fraudulent. Specifically, management presented
affidavits of ten (10) out of forty (40) individuals named in the list
Labor and Social Legislation Page 13 of 13
of union members who participated in the ratification, alleging that
they were not present at the supposed January 1, 2010 meeting
held for the purpose. The union argued that the stated date of the
meeting should have read “January 11, 2010,” instead of “January
1, 2010,” and that, at any rate, the other thirty (30) union members
were enough to register a union. Decide with reason. (3%)
XXV
Company C, a toy manufacturer, decided to ban the use of
cell phones in the factory premises. In the pertinent Memorandum,
management explained that too much texting and phone-calling by
employees disrupted company operations. Two employeesmembers
of Union X were terminated from employment due to
violation of the memorandum-policy. The union countered with a
prohibitory injunction case (with prayer for the issuance of a
temporary restraining order) filed with the Regional Trial Court,
challenging the validity and constitutionality of the cell phone ban.
The company filed a motion to dismiss, arguing that the case
should be referred to the grievance machinery pursuant to an
existing Collective Bargaining Agreement with Union X, and
eventually to Voluntary Arbitration. Is the company correct?
Explain. (3%)
- NOTHING FOLLOWS -

Bar Exam Questions in
Political and International Law
2010

PART I
I
The dictatorial regime of President A of the Republic of
Gordon was toppled by a combined force led by Gen. Abe, former
royal guards and the secessionist Gordon People’s Army. The new
government constituted a Truth and Reconciliation Commission to
look into the serious crimes committed under President A’s
regime. After the hearings, the Commission recommended that an
amnesty law be passed to cover even those involved in mass
killings of members of indigenous groups who opposed President
A. International human rights groups argued that the proposed
amnesty law is contrary to international law. Decide with reasons.
(4%)
II
Compare and contrast the jurisdiction of the International
Criminal Court and International Court of Justice. (3%)
III
A, a British photojournalist, was covering the violent protests
of the Thai Red-Shirts Movement in Bangkok. Despite warnings
given by the Thai Prime Minister to foreigners, specially
journalists, A moved around the Thai capital. In the course of his
coverage, he was killed with a stray bullet which was later
identified as having come from the ranks of the Red-Shirts. The
wife of A sought relief from Thai authorities but was refused
assistance.
Political and Public International Law Page 3 of 12
A. Is there state responsibility on the part of Thailand? (2%)
B. What is the appropriate remedy available to the victim’s
family under international law? (3%)
IV
Choose the statement which appropriately completes the
opening phrase:
“A State which resorts to retorsion in international law
A. must ensure that all states consent to its act.
B. cannot curtail migration from the offending state.
C. can expel the nationals of the offending state.
D. should apply proportionate response within appreciable limit.
E. None of the above.
Explain your answer. (2%)
V
Congresswoman A is a co-owner of an industrial estate in
Sta. Rosa, Laguna which she had declared in her Statement of
Assets and Liabilities. A member of her political party authored a
bill which would provide a 5-year development plan for all
industrial estates in the Southern Tagalog Region to attract
investors. The plan included an appropriation of 2 billion pesos for
construction of roads around the estates. When the bill finally
became law, a civil society watchdog questioned the
constitutionality of the law as it obviously benefitted
Congresswoman A’s industrial estate. Decide with reasons. (3%)
Political and Public International Law Page 4 of 12
VI
The “Poverty Alleviation and Assistance Act” was passed to
enhance the capacity of the most marginalized families nationwide.
A financial assistance scheme called “conditional cash transfers”
was initially funded 500 million pesos by Congress. One of the
provisions of the law gave the Joint-Congressional Oversight
Committee authority to screen the list of beneficiary families
initially determined by the Secretary of Department of Social
Welfare and Development pursuant to the Department
implementing rules. Mang Pandoy, a resident of Smokey
Mountain in Tondo, questioned the authority of the Committee.
A. Does Mang Pandoy have legal standing to question the law?
(2%)
B. Is the grant of authority to the Oversight Committee to screen
beneficiaries constitutional? (3%)
Decide with reasons.
VII
True or False.
A. A proclamation of a state of emergency is sufficient to allow
the President to take over any public utility. (0.5%)
B. A treaty which provides tax exemption needs no concurrence
by a majority of all the Members of the Congress. (0.5%)
VIII
Distinguish “presidential communications privilege” from
“deliberative process privilege.” (3%)
Political and Public International Law Page 5 of 12
IX
The League of Filipino Political Scientists (LFPS) organized
an international conference on the human rights situation in
Myanmar at the Central Luzon State University (CLSU). An
exiled Myanmar professor Sung Kui, critical of the military
government in Myanmar, was invited as keynote speaker. The
Secretary of Foreign Affairs informed the President of the regional
and national security implications of having Prof. Kui address the
conference. The President thereupon instructed the immigration
authorities to prevent the entry of Prof. Kui into Philippine
territory. The chancellor of CLSU argued that the instruction
violates the Constitution. Decide with reasons. (4%)
X
A, the wife of an alleged victim of enforced disappearance,
applied for the issuance of a Writ of Amparo before a Regional
Trial Court in Tarlac. Upon motion of A, the court issued
inspection and production orders addressed to the AFP Chief of
Staff to allow entry at Camp Aquino and permit the copying of
relevant documents, including the list of detainees, if any.
Accompanied by court-designated Commission on Human Rights
(CHR) lawyers, A took photographs of a suspected isolation cell
where her husband was allegedly seen being held for three days
and tortured before he finally disappeared. The CHR lawyers
requested one Lt. Valdez for a photocopy of the master plan of
Camp Aquino and to confirm in writing that he had custody of the
master plan. Lt. Valdez objected on the ground that it may violate
his right against self-incrimination. Decide with reasons. (4%)
Political and Public International Law Page 6 of 12
XI
Which statement best completes the following phrase: (1%)
“Freedom from torture is a right
A. subject to derogation when national security is threatened.”
B. confined only during custodial investigation.”
C. which is non-derogable both during peacetime and in a
situation of armed conflict.”
D. both (a) and (b)
E. none of the above.
XII
A witnessed two hooded men with baseball bats enter the
house of their next door neighbor B. After a few seconds, he heard
B shouting, “Huwag Pilo babayaran kita agad.” Then A saw the
two hooded men hitting B until the latter fell lifeless. The
assailants escaped using a yellow motorcycle with a fireball sticker
on it toward the direction of an exclusive village nearby. A
reported the incident to PO1 Nuval. The following day, PO1
Nuval saw the motorcycle parked in the garage of a house at Sta.
Ines Street inside the exclusive village. He inquired with the
caretaker as to who owned the motorcycle. The caretaker named
the brothers Pilo and Ramon Maradona who were then outside the
country. PO1 Nuval insisted on getting inside the garage. Out of
fear, the caretaker allowed him. PO1 Nuval took 2 ski masks and
2 bats beside the motorcycle. Was the search valid? What about
the seizure? Decide with reasons. (4%)
Political and Public International Law Page 7 of 12
XIII
True or False.
A. A valid and definite offer to buy a property is a pre-requisite
to expropriation initiated by a local government unit. (0.5%)
B. Re-classification of land by a local government unit may be
done through a resolution. (0.5%)
C. Boundary disputes between and among municipalities in the
same province may be filed immediately with the Regional
Trial Court. (0.5%)
D. The Metropolitan Manila Development Authority is
authorized to confiscate a driver’s license in the enforcement
of traffic regulations. (0.5%)
XIV
ABC operates an industrial waste processing plant within
Laoag City. Occasionally, whenever fluid substances are released
through a nearby creek, obnoxious odor is emitted causing
dizziness among residents in Barangay La Paz. On complaint of
the Punong Barangay, the City Mayor wrote ABC demanding that
it abate the nuisance. This was ignored. An invitation to attend a
hearing called by the Sangguniang Panlungsod was also declined
by the president of ABC. The city government thereupon issued a
cease and desist order to stop the operations of the plant,
prompting ABC to file a petition for injunction before the Regional
Trial Court, arguing that the city government did not have any
power to abate the alleged nuisance. Decide with reasons. (3%)
Political and Public International Law Page 8 of 12
XV
True or False.
A. A person who occupies an office that is defectively created
is a de facto officer. (0.5%)
B. The rule on nepotism does not apply to designations made in
favor of a relative of the authority making a designation.
(0.5%)
C. A discretionary duty of a public officer is never delegable.
(0.5%)
D. Acquisition of civil service eligibility during tenure of a
temporary appointee does not automatically translate to a
permanent appointment. (0.5%)
XVI
Rudy Domingo, 38 years old, natural-born Filipino and a
resident of the Philippines since birth, is a Manila-based
entrepreneur who runs KABAKA, a coalition of peoples’
organizations from fisherfolk communities. KABAKA’s
operations consist of empowering fisherfolk leaders through
livelihood projects and trainings on good governance. The Dutch
Foundation for Global Initiatives, a private organization registered
in The Netherlands, receives a huge subsidy from the Dutch
Foreign Ministry, which, in turn is allocated worldwide to the
Foundation’s partners like KABAKA. Rudy seeks to register
KABAKA as a party-list with himself as a nominee of the
coalition. Will KABAKA and Rudy be qualified as a party-list and
a nominee, respectively? Decide with reasons. (4%)
- END OF PART I -
Political and Public International Law Page 9 of 12
PART II
XVII
During his campaign sortie in Barangay Salamanca, Mayor
Galicia was arrested at a PNP checkpoint for carrying highpowered
firearms in his car. He was charged and convicted for
violation of the COMELEC gun ban. He did not appeal his
conviction and instead applied for executive clemency. Acting on
the favorable recommendation of the Board of Pardons and Parole,
the President granted him pardon. Is he eligible to run again for an
elective position? Explain briefly. (5%)
XVIII
The House Committee on Appropriations conducted an
inquiry in aid of legislation into alleged irregular and anomalous
disbursements of the Countrywide Development Fund (CDF) and
Congressional Initiative Allocation (CIA) of Congressmen as
exposed by X, a Division Chief of the Department of Budget
and Management (DBM). Implicated in the questionable
disbursements are high officials of the Palace. The House
Committee summoned X and the DBM Secretary to appear and
testify. X refused to appear, while the Secretary appeared but
refused to testify invoking executive privilege.
A. May X be compelled to appear and testify? If yes, what
sanction may be imposed on him? (2%)
B. Is the Budget Secretary shielded by executive privilege from
responding to the inquiries of the House Committee?
Explain briefly. If the answer is no, is there any sanction that
may be imposed upon him? (3%)
Political and Public International Law Page 10 of 12
XIX
To instill religious awareness in the students of Doña
Trinidad High School, a public school in Bulacan, the Parent-
Teacher’s Association of the school contributed funds for the
construction of a grotto and a chapel where ecumenical religious
services and seminars are being held after school hours. The use
of the school grounds for these purposes was questioned by a
parent who does not belong to any religious group. As his
complaint was not addressed by the school officials, he filed an
administrative complaint against the principal before the DECS. Is
the principal liable? Explain briefly. (5%)
XX
Define/explain the following:
A. Doctrine of operative facts (1%)
B. De facto municipal corporation (1%)
C. Municipal corporation by estoppel (1%)
D. Doctrine of necessary implication (1%)
E. Principle of holdover (1%)
XXI
The Sangguniang Panlungsod of Pasay City passed an
ordinance requiring all disco pub owners to have all their
hospitality girls tested for the AIDS virus. Both disco pub owners
and the hospitality girls assailed the validity of the ordinance for
being violative of their constitutional rights to privacy and to freely
choose a calling or business. Is the ordinance valid? Explain.
(5%)
Political and Public International Law Page 11 of 12
XXII
Governor Diy was serving his third term when he lost his
governorship in a recall election.
A. Who shall succeed Governor Diy in his office as Governor?
(1%)
B. Can Governor Diy run again as governor in the next election?
(2%)
C. Can Governor Diy refuse to run in the recall election and
instead resign from his position as governor? (2%)
XXIII
A was a career Ambassador when he accepted an ad interim
appointment as Cabinet Member. The Commission on
Appointments bypassed his ad interim appointment, however, and
he was not re-appointed. Can he re-assume his position as career
Ambassador? (5%)
XXIV
Compare and contrast “overbreadth doctrine” from “void-forvagueness”
doctrine. (5%)
Political and Public International Law Page 12 of 12
XXV
A. What is the rotational scheme of appointments in the
COMELEC? (2%)
B. What are the two conditions for its workability? (2%)
C. To what other constitutional offices does the rotational
scheme of appointments apply? (2%)
XXVI
Distinguish between “pocket veto” and “item veto.” (2%)
XXVII
What is the concept of association under international law?
(2%)
- NOTHING FOLLOWS -

No song for today as things in law school are starting to get major, major complications at the advent of the forthcoming 2011 Bar Exams in the Philippines, as the pioneer in a Multiple-Choice type of exam. It was announced over a month ago that at least 60% of the questions in the bar exam of 2011 will be multiple choice questions or MCQs.

It was said over and over again that the burden of formulating MCQs would be on the examiners. I got the chance of formulating my own MCQs in Labor Law exam. My target was 12 questions for Labor law, but was only able to make 7. I admit there are flaws in my formulation and I want to share it with you so that you can post your comments later on.

Please bear with me because the following are the questions I personally formulated (or copied/developed from some Supreme Court Decisions). Below is an example of the Multiple Choice Questions with answers (as indicated by the quoted Article or Jurisprudence after the selection) for Labor Law:


1. In the event that the contractor or subcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall:
a) be responsible to the workers in the same manner and extent as if the latter were directly employed by him.
b) be jointly and severally liable with the job contractor for the payment of wages only.
c) be jointly and severally liable with his contractor or subcontractor to such employees (Art 106)
d) be considered the employer of the contractual employee for purposes of enforcing the provisions of the Labor Code

2. In order to divest the Regional Director or his representatives of jurisdiction, the following elements must be present:
(a) that the employer contests the findings of the labor regulations officer and raises issues thereon;
(b) that in order to resolve such issues, there is a need to examine evidentiary matters;
(c) that such matters are not verifiable in the normal course of inspection.
(d) that the employer shall raise such objections during the hearing of the case or at any time after receipt of the notice of inspection results (see EX-BATAAN VETERANS SECURITY AGENCY, INC., vs THE SECRETARY OF LABOR)

3. The preferential right of workers and employees under Article 110 of the Labor  Code may be invoked against the company:
a) upon the institution of insolvency or judicial liquidation proceeding (See Article 110 or Rubberworld vs NLRC, 4-14-1999)
b) only upon the institution of rehabilitation proceedings
c) upon the satisfaction of claims of creditors from the corporation assets corporation
d) upon the payment of tax deficiency of the corporation

4. Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case they shall be
a) entitled to a full weekly wage for seven (7) days if they have completed the 40-hour/5-day workweek in any given workweek
b) entitled to an additional compensation of at least thirty per cent (30%) of their regular wage for work on the sixth day (Art 83. See San Juan de Dios Hospital vs NLRC, 11-28-1997)
c) entitled to as much rest as other workers
d) entitles the privileges of equal working hours with other workers

5. For a strike to be valid, it must comply with Article 263 of the Labor Code, which procedurally requires the following except:
(a) a notice of strike be filed with the Department of Labor and Employment (DOLE) 30 days before the intended date thereof, or 15 days in case of unfair labor practice
(b) a strike vote be approved by a majority of the total union membership in the bargaining unit concerned, obtained by secret ballot in a meeting called for that purpose
(c) a notice be given to the DOLE of the results of the voting at least seven days before the intended strike
(d) an actual strike has to be launched (Art 263, See Phimco vs Phimco Labor Association, 8-10-2010)

6. The 13th-month pay mandated by Presidential Decree (P.D.) No. 851 represents an additional income based on wage but not part of the wage.  It includes or is equivalent to:
a) cost-of-living allowances granted pursuant to Presidential Decree No. 525
b) one-twelfth (1/12) of the total basic salary earned by an employee within a calendar year
c) overtime pay, earnings, and other remuneration
d) cash equivalent of unused vacation and sick leave credits, night differential and holiday pay

7) The hiring, firing, transfer, demotion, and promotion of employees are traditionally identified as management prerogatives. However, management prerogatives are subject to limitations such as the following except:
a) those found in law
b) those established in a collective bargaining agreement
c) those intended by free will of the management (See University of Sto. Tomas vs. NLRC, 190 SCRA 758)
d) those validly accepted as general principles of fair play and justice


If you have comments, don't forget to write them down. I hope I could improve on that.