Philippine Bar Exam Questions And Suggested Answers

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[FREE] Philippine Bar Exam Questions And Suggested Answers | free!

Posted on 18-Apr-2021

Use of these answers is for your personal bar review preparation and law school study only. Criminal Law. All crimes as defense lawyer or private prosecutor. Corporation Law. Manuel J. Laserna Jr. You may write on the Questionnaire for notes...

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[DOWNLOAD] Philippine Bar Exam Questions And Suggested Answers

Posted on 1-May-2021

Criminal Law Bar Questions; Taxation The official online repository of Atty. Ralph A. Sarmiento's Bar Exam Established in , it is the first law school in the Philippines. Welcome to Your Lawyer Says. Your Lawyer Says is a law-related site dedicated...

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Download Suggested Answers To Bar Questions In Political Law Exam (2013 Philippine Bar Exam)

Posted on 15-May-2021

Article XI, Section 8. Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections Comelec , was proclaimed as one of the winning party-list groups in the last national elections. Its first nominee, Alejandro, assumed office as the party-list representative. About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro questioned before the Comelec his expulsion ad replacement by Andoy. Commission on Elections, G. In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the requirements of R. He defended the use of his Spanish passport subsequent to taking his oath of allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine passport despite reacquiring his Philippine citizenship.

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2021 Civil Law Bar Q And A

Posted on 10-May-2021

Even after he secured his Philippine passport, he said he had to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his wife and minor children. By representing himself as a Spanish citizen; however, Anacleto voluntarily and effectively reverted to his earlier status as a dual citizen. Such reversion was not retroactive; it took place the instant Anacleto represented himself as a Spanish citizen by using his Spanish passport. He is, thus, disqualified for being a dual citizen, and his CoC should be cancelled Macquiling v. Comelec, G. Specifically with respect to dual citizens, their certificates of candidacy are void ab initio, because they possess "a substantive [disqualifying circumstance].

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Civil Law Philippine Bar Examination Questions And Suggested Answers JayArhSals Ladot

Posted on 4-May-2021

The votes cast for them should be considered stray and should not be counted. In cases of vacancies caused by those with void ab initio certificates of candidacy, the person legally entitled to the vacant position would be the candidate who garnered the next highest number of votes among those eligible; in this case, it was Arnaldo Chua v. The first petition was against Anselmo. Years, ago, Anselmo was charged and convicted of the crime of rape by final judgment, and was sentenced to suffer the principal penalty of reclusion perpetua which carried the accessory penalty of perpetual absolute disqualification.

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2010 Bar Exam Questions And Suggested Answers In POLITICAL LAW By The UP Law Center

Posted on 17-Apr-2021

While Anselmo was in prison, the President commuted his sentenced and he was discharged for prison. The second petition was against Ambrosio. Acting on the recommendation of its Law Department, the Comelec en banc, motu proprio issued two resolutions granting the petitions against Anselmo and Ambrosio. Both Anselmo and Ambrosio filed separate petitions with the Supreme Court assailing the resolutions cancelling their respective CoCs. Are Anselmo and Ambrosio correct? In Jalosjos v. When it cancels A CoC on that ground, it is acting in performance of an administrative function and, therefore, the rule in Article XI, Section 3 does not apply. Ambrosio, on the other hand, is correct that the petition for the cancellation of his CoC should have been first heard and resolved by the Comelec Division.

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SUGGESTED ANSWERS TO THE 2021 BAR EXAMINATION In REMEDIAL LAW

2015 Bar Questions And Suggested Answers - POLITICAL LAW

Posted on 27-Apr-2021

Considering that petitioner was naturalized as a Canadian citizen prior to the effectivity of RA , she belongs to the first category of natural-born Filipinos who lost their Philippine citizenship by naturalization in a foreign country, under the first paragraph of Section 3. As the new law allows dual citizenship, she was able to reacquire her Philippine citizenship by taking the required oath of allegiance See Bengson v. Article XI, Section 13 1 of the Constitution expressly gives the Ombudsman the power to investigate on its own or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.

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2015 Bar Exam Suggested Answers In Political Law By The UP Law Complex

Posted on 1-Mar-2021

Although a Commissioner of any of the Constitutional Commissions is removable only through impeachment, this rule does not preclude the Ombudsman from conducting an investigation into the alleged serious misconduct committed by impeachable officials for the purpose of filing a verified complaint for impeachment Section 22, RA ; Carpio-Morales v. CA, GR , 10 Nov Given the limited facts of the case, it cannot be assumed that serious misconduct in this case amounts to betrayal of public trust. The power to issue injunctive writs is part of judicial power. The rules governing the exercise of this power are within the powers of the Supreme Court to 13 promulgate. In Fabian v. Desierto G. Section 27 of R. The custody shall begin from the commission of the offense until the completion of all judicial proceedings.

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2021 Bar Exam Questions & Suggested Answers

Posted on 11-Apr-2021

When requested, the US military authorities, however, shall make the US personnel available to Philippine authorities for any investigative or judicial proceedings relating to the offense which the person has been charged. In the event that the Philippine judicial proceedings are not completed with one year, the US shall be relieved of any obligation under Section 6.

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2021 Bar Exam Suggested Answers In Taxation By The UP Law Complex

Posted on 26-Apr-2021

Rule on the challenge. As a result, the situation involved is not one in which the power of the Supreme Court to adopt rules of procedure is curtailed or violated, rather, it is one in which, as is normally encountered around the world, the laws including rules of procedure of one State do not extend or Apply, except to the extent agreed upon, to subjects of another State due to the recognition of extraterritorial immunity given to such bodies as visiting foreign armed forces. The Constitution, on the contrary, states that the Philippines adopts the generally accepted principles of international law as part of the law of the land Art.

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Download 2021 Philippine Bar Exam Questions And Suggested Answers:

Posted on 6-May-2021

II, Sec. The equal protection clause is not violated, either, because there is a substantial basis for a different treatment of foreign military armed forces allowed to enter our territory and all other accused Nicolas v. Romulo, G. Such rules however shall not diminish, increase, or modify substantive rights. Are the rules promulgated pursuant to these provisions subject to review and disapproval by the Supreme Court? With respect to the rules of procedure of Congress in its proceedings, legislative inquiries and on impeachment, while these rules may be generally considered as political questions, when questioned before the courts in a proper case, they would nevertheless be subject to the power of judicial review under the second paragraph of Section 1, Article VIII of the Constitution, which authorizes it to review and annul all acts of any branch or instrumentality of the government which may be tainted with grave abuse of discretion amounting to lack or excess of jurisdiction.

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PALS Suggested Answers To The 2006 Bar Examinations

Posted on 7-Apr-2021

The Rules of Procedure of Constitutional Commissions are likewise outside the disapproval authority of the Supreme Court as these commissions are deliberately placed in the Constitution to be independent, unless these are tainted with grave abuse of discretion. After he was apprehended, PO1 Adrian was required to submit a sample of his urine. The drug test showed that he was positive for dangerous drugs. PO1 Adrian argues against the admissibility of the urine test results and seeks its exclusion. He claims that the mandatory drug test under RA No. It should be noted that RA allows the conduct of urine tests only for persons arrested for acts prohibited under said law, such as, among others, the manufacturing, sale, use or possession of illegal drugs, and not for any unlawful act, like extortion, for which PO1 Adrian was arrested De la Cruz v.

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Bar Exam 2021 Suggested Answers In Mercantile Law By The UP Law Complex

Posted on 16-Apr-2021

People, G. XIV Amoroso was charged with treason before a military court martial. He was acquitted. He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy. A defendant, having been acquitted of a crime by a court martial of competent jurisdiction proceeding under lawful authority, cannot be subsequently tried for the same offense in a civil court. L, February 26, ; Marcos v. Chief of Staff G. L, May 30, ; Garcia v. Executive Secretary G. Annika sued the Republic of the Philippines, represented by the Director of the Bureau of Plant Industry, and asked for the revocation of a deed of donation executed by her in favor of said Bureau. She alleged that, contrary to the terms of the donation, the donee failed to install lighting facilities and a water system on the property donated, and to build an office building and parking lot thereon, which should have been constructed and made ready for occupancy on or before the date fixed in the deed of donation.

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2007-2021 Philippine Bar Examination Questions And Suggested Answer

Posted on 2-May-2021

Without taxes, the government would be paralyzed for lack of motive power to activate and operate it CIR v. Algue, Inc. Bank of Philippine Islands, G. For the protection they get arises their obligation to support the government through the payment of taxes CIR V. The state gives protection an protection, it must be supported by CIR v. The state gives protection and for it to continue giving protection, it must be supported by the taxpayers in the form of taxes. CIR v. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs adverse to the Government under Sec. Exclusive appellate jurisdiction in criminal offenses: Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally decided by them, in their respective territorial jurisdiction; and Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in their respective jurisdiction.

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Sample Law School Exam Questions And Answers Philippines

Posted on 5-Mar-2021

Rakham operates the lending company that made a loan to Alfonso in the amount of P, In order to be considered worthless, the taxpayer should establish that during the year from which a deduction is sought, a situation developed as a result of which it became evident in the exercise of sound, objective business judgment that there remained no practical, but only vaguely theoretical, prospect that the debt would ever be paid Collector of Internal Revenue v.

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CIVIL LAW Answers To The BAR As Arranged By Topics (Year 1990-2006)

Posted on 1-Apr-2021

Goodrich International Rubber Co. A bad debt is deductible if it complies with the following requisites: a There must be a valid and subsisting debt. C There is an actual ascertainment that the debt is worthless. A partial write-off is not allowed. PRC v. CA, G. He instead filed a case asking that the ordinance be declared null and void since the tax it imposed can only be collected by the national government, as in fact he has paid the Bureau of Internal Revenue BIR the required capital gains tax.

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Bar Exam Questions & Suggested Answers | Confession (Law) | United States Constitution

Posted on 10-Apr-2021

If you were the City Legal Officer of Maharlika, what defenses would you raise to sustain the validity of the ordinance? The capital gains tax which is an income tax collected by the national government is entirely different from the tax on sale or transfer imposed by the ordinance. The tax imposed by the ordinance not being in the nature of an income tax, the imposition of the income tax by the national government will not pre-empt the tax sought to be imposed by the ordinance. I would further argue that the imposition by the national government of a tax will pre-empt Local Government Units LGU only if there is no specific provision under the Local Government Code giving said power Bulacan v.

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Philippine Bar Exams

Posted on 13-Mar-2021

Its commercial airplanes do not operate within Philippine territory, or service passengers embarking from Philippine airports. The firm is represented in the Philippines by its general agent, Narotel. SAA filed a protest on the ground that the alleged deficiency income taxes should be considered as income derived exclusively from sources outside the Philippines since SAA only serviced passengers outside Philippine territory. It, thus, asserted that the imposition of such income taxes violated the principle of territoriality in taxation. Is the theory of SAA tenable? The activity which gives rise to the income is the sale of ticket in the Philippines, hence, the income from sale of tickets is an income derived from Philippine sources which is subject to the Philippine income tax.

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2007-2013 Civil Law Philippine Bar Examination Questions And Suggested Answers (JayArhSals&Ladot)

Posted on 6-Mar-2021

Accordingly, there is no violation of the principle of territoriality in taxation Air Canada v. CIR, G. During an audit investigation, the BIR assessed the company the corresponding tax on the amount equivalent to the courtesy discount received by all the employees, contending that the courtesy discount is considered as additional compensation for the rank and file employees and additional fringe benefit for the supervisors and managers.

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Remedial-law-philippine-bar-examination-questions-and-suggested-answers-jayarhsals.pdf

Posted on 27-Apr-2021

Pursuant to RR No. This list is exclusive and anything that is given which is not on the list, shall not be considered de minimis. On December 27, , it transferred the same to David, its American consultant, to enable him to avail of the facilities of the Club. David executed a Deed of Declaration of Trust and Assignment of Shares wherein he acknowledged the absolute ownership of Solar over the share; that the assignment was without any consideration; and that the share was placed in his name because the Club required it to be done. In , the value of the share increased to P, The transfer is not a taxable donation because there is no divestment of ownership by the transferor. The purpose of the transfer is simply to allow David to avail of the facilities of the Club. The transfer being merely a transfer in form but not in substance, the same is not subject to gift tax. Aichi Forging of Asia, Inc. Briefly explain your answer. A tax credit reduces the tax liability while a tax deduction merely reduces the tax base.

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Bar Exam 2010 Questions And Suggested Answers In CIVIL LAW By The UP Law Center

Posted on 28-May-2021

B I will decide in favor of the Constitutionality of the law. Department on Social Welfare and Development, G. A year after, the BIR demanded the payment of alleged deficiency excise taxes on the ground that Soaring Eagle is not a qualified transferee of the TCCs it purchased from other BOl-registered companies. If it is ordered to pay the deficiency, Soaring Eagle claims the same is confiscatory and a violation of due process. Is the assessment against Soaring Eagle valid? A TCC is an undertaking by the government through the BIR or DOF, acknowledging that a taxpayer is entitled to a certain amount of tax credit from either an overpayment of income taxes, a direct benefit granted by law or other sources and instances granted by law such as on specific unused input taxes and excise taxes on certain goods. As such, tax credit is transferable in accordance with pertinent laws, rules, and regulations Pilipinas Shell Petroleum Corp.

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Philippine Bar Questions And Suggested Answers

Posted on 14-Mar-2021

Commissioner of Internal Revenue, G. Association is a non-stock non-profit organization which owns the St. Within the premises of the Hospital, the Association constructed the St. The doctors who treat the patients confined in the Hospital are accredited by the Association. Association of Benevola de Cebu, Inc. Is the BIR correct? Since World Health Organization WHO , the contractee, is exempt from direct and indirect taxes pursuant to an international agreement where the Philippines is a signatory, the exemption from indirect taxes should mean that the entity or person exempt is the contactor itself because the manifest intention of the agreement is to exempt the contractor so that no tax may be shifted to the contractee CIR v.

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Bar Exams Q & A ()

Posted on 26-Apr-2021

It sold the lot and building to Rainiere P80million. Lucky filed its annual tax return and declared its gain from the sale of the lot and building in the amount of P, It issued an assessment for deficiency income tax in the amount of P79 million against Lucky. Lucky argues that it resorted to tax avoidance or a tax saving device, which is allowed by the NIRC and BIR rules since it paid the correct taxes based on its sale to Rainier. Is the BIR correct in assessing taxes on Lucky? The sale of the property by Lucky V Corporation Lucky to Rainer and consequently the sale by Rainer to HSC being prompted more on the mitigation of tax liabilities than for legitimate business purposes, therefore, constitutes tax evasion.

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Archives Of Bar Questions - The LawPhil Project

Posted on 6-Mar-2021

The scheme of resorting to a two-step transaction in selling the property to the ultimate buyer in order to escape paying higher taxes is considered as outside of those lawful means allowed in mitigating tax liabilities which makes Lucky, criminally and civilly liable. Estate of Benigno P. Toda, Jr. Golden Dragon. A group of five 5 foreign investors visited the country for possible investment in the condominium units and subdivision lots of Golden Dragon. Afterward, the investors were brought to a party in a videoke club which cost the company P, Decide if all the representation and entertainment expenses claimed by Golden Dragon are deductible. In this case, the expenses incurred were to entertain the investors of Golden Dragon; thus, the amount deductible for entertainment, amusement and recreation expenses is limited to the actual amount paid or incurred but in no case shall the deduction exceed 0.

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A Compilation Of Bar Questions And Suggested Answers Civil Law - 1medicoguia.com

Posted on 10-May-2021

Hence, it filed with the BIR an administrative claim for the refund or credit of these input taxes on August 15, BIR Ruling No. DA stated that the taxpayer-claimant need not wait for the lapse of the day period before It could seek judicial relief with the CTA. Decide with reasons. DA was issued until the promulgation of the decision by the Supreme Court ruling on the period by which a taxpayer may pursue a judicial remedy for a claim for refund, must follow the period prescribed in the BIR Ruling CIR v. The waiver must be signed by the taxpayer himself or his duly authorized representative. In the case of a corporation, the waiver must be signed by any of its responsible officials. In case the authority is delegated by the taxpayer to a representative, such delegation should be in writing and duly notarized. The waiver should be duly notarized. The CIR or the revenue official authorized by him must sign the waiver indicating that the BIR has accepted and agreed to the waiver.

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