Civil Law Bar Exam Answers: Adoption
Adoption; Use of Surname of her Natural Mother (2006) May an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as the middle name? SUGGESTED ANSWER: Yes, an illegitimate child, upon adoption by her natural father, can use the surname of her natural mother as her middle name. The Court has ruled that there is no law […]
Civil Law Bar Exam Answers: Conflict of Laws
Appilicable Laws; laws governing contracts (1992) X and Y entered into a contract in Australia, whereby it was agreed that X would build a commercial building for Y in the Philippines, and in payment for the construction, Y will transfer and convey his cattle ranch located in the United States in favor of X. What law would govern: a) The validity of the contract? b) The performance of the contract? c) […]
Political Law Bar Exam Answers: Custodial Investigation
Custodial Investigation; Extrajudicial Confession (2001) No IX – Rafael, Carlos and Joseph were accused of murder before the Regional Trial Court of Manila. Accused Joseph turned state witness against his co-accused Rafael and Carlos, and was accordingly discharged from the information. Among the evidence presented by the prosecution was an extrajudicial confession made by Joseph during […]
Political Law Bar Exam Answers: Bill of Attainder
Bill of Attainder (1987) No. XI: Congress passed a law relating to officials and employees who had served in the Government for the period from September 21, 1972 up to February 25, 1986. (a) One provision of the law declared all officials from the rank of assistant head of a department, bureau, office or agency “Unfit” […]
Political Law Bar Exam Answers: State Immunity from Suit
State Immunity from Suit (1991) No. 13; In February 1990, the Ministry of the Army. Republic of Indonesia, invited bids for the supply of 500,000 pairs of combat boots for the use of the Indonesian Army. The Marikina Shoe Corporation, a Philippine corporation, which has no branch office and no assets in Indonesia, submitted a […]
Political Law Bar Exam Answers: Declaration of Principles and State Policies
Armed Forces; Servant of the People (2003) No I – Article II. Section 3, of the 1987 Constitution expresses, in part, that the “Armed Forces of the Philippines is the protector of the people and (of) the State.” Describe briefly what this provision means. Is the Philippine National Police covered by the same mandate? FIRST ALTERNATIVE […]
Political Law Bar Exam Answers: National Territory
Archipelagic Doctrine (1989) No. 20: What do you understand by the archipelagic doctrine? Is this reflected in the 1987 Constitution? SUGGESTED ANSWER: The ARCHIPELAGIC DOCTRINE emphasizes the unity of land and waters by defining an archipelago either as a group of islands surrounded by waters or a body of waters studded with islands. For this […]
Civil Law Bar Exam Answers: General Principles
Civil law vs. Common Law (1997) How would you compare the Civil Law system in its governance and trend with that of the Common Law system? SUGGESTED ANSWER: As regards “governance”: Governance in Civil Law is codal, statutory and written law. It is additionally derived from case law. Common law is basically derived from case law. As regards “trend”: Civil law is now tending to rely more […]
Political Law Bar Exam Answers: 1987 Constitution
Phil Con 87; New Features (1991) No 1: How is the Bill of Rights strengthened in the 1987 Constitution? SUGGESTED ANSWER: There are several ways in which the Bill of Rights is strengthened in the 1987 Constitution. 1. New rights are given explicit recognition such as, the prohibition against detention by reason of political beliefs […]
Iron Man 3 Movie Review
Iron Man 3 hits the spot with a bottom line that says “I’m better than the first two installments, watch me!”, and for good reason. The superhero franchise, which serves as a blockbuster sequel to both 2010’s Iron Man 2 and last year’s The Avengers, made a bold but direly needed move by revamping its […]