SET 50 QUESTIONS

CIVIL LAW

1. (2014)

Q: Timothy executed a Memorandum of Agreement (MOA) with Kristopher setting up a business

venture covering three (3) fastfood stores known as "Hungry Toppings" that will be established at
Mall Uno mall Dos, and Mall Tres. The pertinent provisions of the MOA provides: 1. Timothy shall be
considered a partner with thirty percent (30%) share in all of the stores to be set up by Kristopher;
2. The proceeds of the business, after deducting expenses, shall be used to pay the principal amount
of P500,000.00 and the interest therein which is to be computed based on the bank rate,
representing the bank loan secured by Timothy; 3. The net profits, if any, after deducting the
expenses and payments of the principal and interest shall be divided as follows: seventy percent
(70%) for Kristopher and thirty percent (30%) for Timothy; 4. Kristopher shall have a free hand in
running the business without any interference from Timothy, his agents, representatives, or assigns ,
and should such interference happen, Kristopher has the right to buy back the share of Timothy less
the amounts already paid on the principal and to dissolve the MOA; and 5. Kristopher shall submit
his monthly sales report in connection with the business to Timothy.

What is the contractual relationship between Timothy and Kristopher? (2014)

2. (2015)

Q: Julie had a relationship with a married man who had legitimate children. A son was born out of that
illicit relationship in 1981. Although the putative father did not recognize the child in his certificate of
birth, he nevertheless provided the with child all the support he needed and spent time regularly with
the child and his mother. When the man died in 2000, the child was already 18 years old so he filed a
petition to be recognized as an illegitimate child of the putative father and sought to be given a share in
his putative father's estate. The legitimate family opposed, saying that under the Family Code his action
cannot prosper because he did not bring the action for recognition during the lifetime of his putative
father.

Wishing to keep the peace, the child during the pendency of the case decides to compromise with his
putative father's family by abandoning his petition in exchange for ½ of what he would have received as
inheritance if he were recognized as an illegitimate child. As the judge, would you approve such a
compromise? (2015)

3. ( 2013 )

Q: Cruz lent Jose his car until Jose finished his Bar exams. Soon after Cruz delivered the car, Jose brought
it to Mitsubishi Cubao for maintenance check up and incurred costs of P8,000. Seeing the car's peeling
and faded paint, Jose also had the car repainted for P10,000. Answer the two question below based on
these common facts. (2013)

a. After the bar exams, Cruz asked for the return of his car. Jose said he would return it as soon as Cruz
has reimbursed him for the car maintenance and repainting costs of P18,000. Is Jose's refusal justified?
b. During the bar exam month, Jose lent the car to his girlfriend, Jolie, who parked the car at the Mall of
Asia's open parking lot, with the ignition key inside the car. Car thieves broke into and took the car. Is
Jose liable to Cruz for the loss of the car due to Jolie's negligence?

4. ( 2010 )

Q: What is the difference between "guaranty" and "suretyship"? (2010)

5. ( 2014 )

Q: On March 27, 1980, Cornelio filed an application for land registration involving a parcel of agricultural
land that he had bought from Isaac identified as Lot No. 2716 with an area of one (1) hectare. During the
trial, Cornelio claimed that he and his predecessorsin-interest had been in open, continuous,
uninterrupted, public and adverse possession and occupation of the land for more than thirty (30) years.
He likewise introduced in evidence a certification dated February 12, 1981 citing a presidential
declaration to the effect that on June 14, 1980, agricultural lands of the public domain, including the
subject matter of the application, were declared alienable and disposable agricultural land.

a. If you are the judge, will you grant the application for land registration of Cornelio?

b. Can Cornelio acquire said agricultural land through acquisitive prescription, whether ordinary or
extraordinary? (2014)

TAXATION LAW

6. ( 2015 )

Q: In 2014, M City approved an ordinance levying customs duties and fees on goods coming into the
territorial jurisdiction of the city. Said city ordinance was duly published on February 15, 2014 with
effectivity date on March 1, 2014. Is there a ground for opposing said ordinance? (2015 Bar)

7. ( 2014 )

Q: Madam X owns real property in Caloocan City. On July 1, 2014, she received a notice of assessment
from the City Assessor, informing her of a deficiency tax on her property. She wants to contest the
assessment. a. What are the administrative remedies available to Madam X in order to contest the
assessment and their respective prescriptive periods? (2014 Bar)

b. May Madam X refuse to pay the deficiency tax assessment during the pendency of her appeal? (2014
Bar)

8. ( 2015 )

Q: Under the Tariff and Customs Code, as amended, when does importation begin and when is it
deemed terminated? (2015 Bar)

9. ( 2016 )
 Q: The City of Maharlika passed an ordinance imposing a tax on any sale or transfer of real property
located within the city at a rate of fifty percent (50%) of one percent (1%) of the total consideration
of the transaction. Jose sold a parcel of land in the city, which he inherited from his deceased
parents, and refused to pay the aforesaid tax. 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. If you were
the City Legal Officer of Maharlika, what defenses would you raise to sustain the validity of the
ordinance? (2016 Bar)

10. ( 2015 )

Q: After filing an Information for violation of Section 254 of the National Internal Revenue Code
(Attempt to Evade or Defeat Tax) with the CTA, the Public Prosecutor manifested that the People is
reserving the right to file the corresponding civil action for the recovery of the civil liability for taxes. As
counsel for the accused, comment on the People's manifestation. (2015)