1B

CONSTITUTIONAL LAW I - B Fr. J.G. Bernas, S.J. Answer True or False. Whether True or False, justify your answer in not more than 5 lines. 1. 2. 3. 4. 5.

The power of judicial review flows from judicial power. The President may veto any provision in a bill that is not to her liking. A priest teaching in UP may be compensated with public money. The President may veto an ordinance passed by the provincial board. Statute inconsistent with existing treaties are invalid.

CHOOSE the best answer and indicate the letter in your blue book. 1.

The following may not be given the power to appoint government officials: a. Courts b. Mayors c. Heads of executive departments d. Heads of government boards e. None of the above

2.

The citizenship qualification of one who has been appointed to the Supreme Court may be legitimately challenged by a. Others in the list of nominees made by the Judicial and Bar Council b. Any citizen c. The Chief Justice d. The Senate President e. None of the above

3.

After a congressional winner has been proclaimed, jurisdiction over contests regarding citizenship qualification belongs to a. Comelec b. Electoral Tribunal c. Supreme Court d. Regional Trial Court e. Congress

4.

Who has the final say on the validity of the claim of executive privilege? a. The President b. The Supreme Court c. It is a political question d. The Congress e. The people through referendum

5.

Which of the following appointments do not need confirmation by the Commission on Appointment? a. Secretary of Justice b. Ambassador c. A law professor as member of the Judicial and Bar Council d. Air Force Colonel e. None of the above

PERSONS AND FAMILY RELATIONS - A Atty. Maita Chan-Gonzaga Answer True or False. Whether True or False, justify your answer in not more than 2 sentences. 1.

2.

The Family Code and the Supreme Court Rules require all family court judges to make sure that before a nullity case for psychological incapacity proceeds, reconciliation has been explored and has proven impossible. Except in cases of psychological incapacity, the doctrine of unclean hands or in pari delicto does not apply to void marriages.

Essay. 1.

Melissa was a psychiatric patient at the Mandaluyong Mental Hospital. Due to the chaos brought about by the rallies and protests against Erap in 2000, Melissa esacaped from the hospital. Not knowing that Melissa was mentally ill, Mario married her on July 21, 2000. Melissa behaved abnormally and sometimes violently but Mario did not pay attention to such abnormal behaviour and attributed it to Melissa’s unconventional upbringing in a circus where her father was a lion tamer. In 2001, Melissa’s brother and guardian John found out about the marriage and told Mario that Melissa was certifiably insane. Still in love, Mario did not care. In 2003, Mario and Melissa had a son named Jude. In 2006, Mario met Jenny and wanted to marry her. He filed a case to annul his marriage to Melissa. John opposed such annulment, saying that given the lapse of time, Mario is now stopped. a. b.

Can Mario file for the annulment of his marriage to Melissa? Explain. Is Jude legitimate, illegitimate, legitimated? Explain.

CRIMINAL LAW I – B Atty. G.F. Vallente Essay. 1. Lorimer and Cassandra Rayel are both very successful lawyers. This however, did not come very easy for them. To achieve their current stature in life, both Lorimer and Cassandra had to work very hard. Lorimer comes from a lower middle class family from Agusan Del Norte. His parents were both public school teachers. Because of his determination and hard work, he was able to study in the Ateneo on a full scholarship. He was able to attain a degree in Bachelor of Science in Legal Management after four years, where he had to learn to study while hungry. After college, Lorimer worked as a member of the staff of the Congressman of the First District of Agusan Del Norte. It was while working in the House of Representatives that Lorimer met Cassandra who was a member of the staff of the Congressman of the First District of Albay, who happened to be her uncle. While working in the House of the Representatives, Lorimer pursued a law degree from UP. Despite the fact that he was a working student, Lorimer completed his law studies in 4 years and passed the bar the first time he took it. The parents of Cassandra objected to her relationship with Lorimer. They felt that Lorimer and Cassandra did not come from the same economic background. Cassandra, however, went against the wishes of her parents and after Lorimer passed the bar, she married Lorimer. After Lorimer and Cassandra got married, Lorimer was recruited by one of the biggest law firms in the Philippines. He worked there for about 5 years and honed up his skills as a litigator. He eventually established his own law firm and became a very sought after defense lawyer. In the meantime, Lorimer encouraged Cassandra to pursue a law degree. She gave Cassandra his full support. He often slept very late just to help Cassandra with her lessons. After only one take, Cassandra passed the bar. Lorimer thought that this was the crowning glory of his achievements. Little did he know that this was to be the beginning of his calvary. While Cassandra was still studying law, she was very agreeable with Lorimer. However, a few years after she passed the bar, she began to assert herself. She started to disagree with Lorimer. These disagreements became very often to the point that the couple always quarrelled even in relation to the very simple things. This worsened as the years passed by to the point that even professionally, Cassandra no longer listened to Lorimer. One day, Cassandra surprised Lorimer with an announcement that she was going to have a breast augmentation surgery. She explained that she decided to do this as a cosmetic surgeon, who is a client, is going to do it for free. Lorimer, who believes that man shouldn’t tamper with one’s God given physical attributes, vehemently objected to Cassandra’s plan. He also expressed his reservation over this kind of surgery for safety reasons. Despite his efforts to dissuade her, Cassandra had already made up her mind and was very insistent. Because Cassandra was very dismissive, Lorimer thought that the reason why Cassandra wanted to have the surgery was because she was seeing another man. This thought so consumed Lorimer that while they were arguing, he got hold of a knife and stabbed Cassandra on the chest. As a result, Cassandra died from her injuries.

What are the circumstances affecting the criminal liability that can be appreciated for or against Lorimer? Please explain.

SUGGESTED ANSWERS - B Constitutional Law 1B J.G. Bernas, S.J. 1.

2. 3. 4. 5.

True. Judicial power means the power to resolve legal controversies by the application of law. If 2 contradictory laws are applicable, one a constitutional provision and the other a statute, the constitutional provision prevails to the exclusion of the statute. False. It is only in revenue, appropriation, and tariff bills that veto is allowed. True. The money won’t be given to him as a priest, which is prohibited. False. He has no control over local governments. He can only supervise, that is, making sure the ordinances are legal. False. Statues and treaties are on same level as law of the land. The later ones prevail over the older.

Persons and Family Relations Law 1B Atty. Maita Chan-Gonzaga 1.

2.

1.

False. It is only for cases of legal separation that family court judges are required to see to it that reconciliation is no longer possible. In the case of psychological incapacity, it is enough that it exists and it is duly proven; effort for reconciliation is not necessary. False. Even in psychological incapacity, the doctrine of unclean hands doesn’t apply for it is enough the ground for psychological incapacity exists. A. Yes, Mario can still file a case for annulment because the sane spouse in a marriage may file a case for annulment anytime by virtue of Article 47, referring to the prescriptive periods of annulment cases. Furthermore, even if Mario freely cohabited with Melissa even after know her incapacity, he is not estopped as only the insane spouse may ratify the marriage by freely cohabiting during a lucid interval. B. Jude is legitimate because he was born under a valid marriage although such is annulable. According to Article 54, children born before the decree of annulment are legitimate.

Criminal Law 1B Atty. G.F. Vallente The mitigating circumstance of passion and obfuscation can be used by Lorimer in his favor as such arose from a lawful sentiment on his part. Furthermore, he has a very strong belief that Cassandra would leave him for her client after the said cosmetic operation. As a result of such passion and obfuscation, Lorimer was blinded by that belief and what Cassandra wanted to do, leading to the accidental stabbing of Cassandra.

TIPS I – B

Fr. Bernas: Constitutional Law I 1.

READ his questions carefully before answering. His questions may seem simple and easy, but they can be very tricky and misleading. Make sure you know the relevant provisions by heart, because the phrasing of his questions will test you if you really understood the provisions. Make your answers BRIEF and CONCISE. If you intend to cite jurisprudence or a provision of the law, be sure you provide the correct case title or article and/or section (BUT if you know that you’ve discussed the case in class but you can’t remember the title, stick with “according to jurisprudence;” if the answer refers to a specific provision under an article and you can’t remember the exact section, stick with “according to article _”), because if you make a mistake in citing the correct case or provision, he will deduct points. READ the additional cases he assigned. Some of his questions will be based on the additional cases.

2.

Before our batch (2013), he used to give only T/F questions for the midterms. He changed his style with our batch by including multiple choice and essay questions.

3.

Make sure you write legibly. You’ll get a big “Improve your handwriting!” or “Very bad handwriting” on your bluebook if you don’t.

Atty. Chan-Gonzaga: Persons and Family Relations 1. 2. 3.

Questions will be based mainly on the codal, so focus on that. No specific pattern in/style in her exams. She has given essay exams, true/false, and even modified true/false tests. So be ready for anything. Atty. Chan-Gonzaga never repeats her own exams. However, she gets questions from Atty. Mel Sta. Maria’s past exams.

Atty. Vallente: Criminal Law I 1. 2. 3. 4.

List down Articles 11-14 on some part of the questionnaire before you start the test (because it will save you a lot of time from recalling all these from memory for every question. For every number, read the question first. Atty. Vallente’s questions are very long (1-2 pages per question) because they’re so full of facts, so read the question to find out what you have to look for. Bring a highlighter, or use your pen to underline only the relevant facts in each question. Do not leave any page blank!!! Atty. Vallente gives a minimum of 2/10 points for every question, provided that there’s something written on the answer page. Partial points are essential.