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
BY: The UP LAW COMPLEX I. The contents of the vault of ABC Company consisting of cash and documents were stolen. Paulyn, the treasurer of ABC, was invited by the Makati City Police Department to shed light on the amount of cash stolen and the details of the missing documents. Paulyn obliged and volunteered… Read More Bar Exam 2016 Suggested Answers in Political Law
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
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
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
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