2009 Midterm Exam Questions

2009 Midterm Exam Questions SBCA- School of Law 1st Year 1st Semester Subjects

That in all things, God may be glorified! CRIMINAL LAW 1 (Atty. A-PLUS the LEGEND! ) 1. Study the territoriality principle. Situation: Would the MILF rebels be prosecuted in our courts of justice? Twist: Happened in Japanese Embassy here in our country. 2. Provision of Civil Code must also be applied (Bigamy and/or Adultery) 3. Be careful of charging a crime.

Topic: Consummated, Frustrated and Attempted Felonies (Art. 6 of the RPC) 4. Question is with regard to internal matter within the vessel. Would the crime be prosecuted here or not? 5. Can an Ambassador be prosecuted here in our country? – Generally, their immunity must be applied. Exception- Violation of Special law (E.g., Comprehensive Dangerous Drugs Act). 6. Homicide or Murder

7. Felonies- Not only by means of deceit but also by means of fault. 8. Consummated, Frustrated and Attempted Felonies 9. Self-Defense, know the elements to invoke self-defense. 10.

Justifying circumstances (Self-Defense)

St. Benedict, Pray for us.

CONSTITUTIONAL LAW 1 [The following are not the questions of ATOL but guides only] TIP: Cite a provision under the 1987 Constitution or a ruling in a decided case by the Supreme Court. 1. Study powers of the President in relation to the proliferation of GMA’s infomercial. 2. Reaction on the State of the Nation Address (SONA) of the President. Is

this Constitutional? –The answer is in the affirmative (Art. 7 Sec. 23 of the 1987 Consti) 3. Limitations of the Military Powers (Martial Law in particular). 4. Control Power of the President. 5. Derogatory Speech. Immunity from suit 6. Environmental law 7. Electoral Tribunal 8. Equal right of office or representation by the Party-list representatives. 9. Commission on Appointments 10.

Electoral Tribunal

11. Declaration of Healthful and Balanced Ecology- Ace him by citing the

case of Oposa v. Factoran.

St. Benedict, Pray for us.

LEGAL PROFESSION (Atty. Haughty!) 1. Doctrine of Stare Decisis 2. Differentiate a Legatee from a Devisee 3. Difference bet. Testate and Intestate 4. Lien 5. Interlocutory orders 6. Presumption of Evidence 7. Inter Alios Acta Rule 8. Judicial Notice 9. Arraignment 10.

Criminal Information

11.

Residuary Estate

12.

Rules of Court

13.

Maragtas Code and Code of Kalantiao

14.

Ignorantia Legis Neminem Excusat

15.

Philippine Laws influenced by Roman Laws

16.

Difference bet. Case Laws and Statute Laws

17.

Diff. Bet. Written laws and Unwritten laws

18.

Dying Declaration

19.

Parole Evidence

20.

Judicial Admission

21.

Direct Evidence

22.

Misleading Questions

23.

Circumstantial Evidence

24.

Holographic will

25.

Requirements of Notarial will

PERSONS AND FAMIL RELATIONS (Atty. Rational) St. Benedict, Pray for us.

I. ONE LOOONNNGGG HYPO Question (10 items)- Diff. Bet. VOID and VOIDABLE Marriages. II. Valid Marriages III. Presumptive Death/ Absence IV. Fraudulent marriages/ Art. 46 of the FC. V. Parental Consent VI. Psychological Incapacities, what are those? VII.

CASES

a. Republic v. Dayot b. Valdes v. RTC c. Anaya v. Palaroan d. St. Louis Realty Corp. v. CA e. Spouses Yu v. PCIB VIII.

Valid Marriages

STATUTORY CONSTRUCTION (Atty. Magnetic Beauty) 1. Delegated Legislative Power A1. Delegated Legislative Power St. Benedict, Pray for us.

A2. Delegated Lawmaking to Sanggunians B. Validity 2. Rule making power of the SC. 3. Explain the ff: A. Construction B. Interpretation c. Rules of Statutory construction d. Vague Law e. Ambiguity f. Legislative intent 4. Diff. Bet. Contemporary Construction and Contemporaneous Construction 5. 3 Examples each A. Legislative Interpretation B. Legislative approval 6. LATIN MAXIMS a. verba legis b. dura lex sed lex c. ratio legis d. cessante ratione legis, cessat et ipsa lex e. ex necessitae legis f. ubi just, ibi remedium g. ex dolo malo non oritur actio

St. Benedict, Pray for us.