August 1946
1. Gregoria Cruz, UP.................92.25
2. Roberto H. Benitez, UP............92.05
3. Aurora Marcos, UP.................91.75
4. Amadeo R. Neri, SC................91.50
5. Antonio G. Ibarra, UP.............90.90
6. Natividad G. Adduru, UP...........90.15
7. Alberto B. Villaraza, UP..........90.10
8. Teodoro C. Unson, FEU.............89.70
9. Vicente Caluag Jr., UP............89.65
10. Jesus P. Garcia, UST.............88.25
November 1946
1 Pedro L. Yap UP 91.70
2 Jose S. Zafra ACL 91.30
3 Fermin R. Mesina UP 89.40
4 Arturo M. del Rosario UST 89.30
5 Jose L. Papa UST 89.30
6 Jose R. Quintos FLS 89.20
7 Eriberto D. Ignacio UP 89.15
8 Alberto V. Señeris SU 88.80
9 Strauss S. Mendoza PLS 88.75
10 Emilio Centena UP 88.45
1947
1 Aumerfina A. Melencio UP 93.85
2 Augusto G. Syjuco AU 92.90
3 Juan M. Hagad UP 91.75
3 Antonio V. Montelibano CSA 91.75
4 Aguedo F. Agbayani UP 91.40
5 Buenaventura S. dela Fuente UP 89.05
6 Lorna Lombos UP 88.95
7 Ambrosio A. Acevedo AdeMU 88.70
7 Jesus SJ Sayuc FEU 88.70
8 Elizalde P. Rodrigazo PLS 88.65
9 Francisco Sumulong AU 88.60
10 Emma Quisumbing UP 88.30
1948
1 Manuel G. Montecillo FEU 95.50
2 Jose M. Evangelista UM 95.05
3 Francisco T. Papa UP 94.50
4 Lorenzo Miravite MLQU 94.45
5 Blasito E. Angeles MLQU 94.35
6 Fernando S. Ruiz PLS 93.85
7 Avelino C. Teaño Special 93.70
8 Kaulayao V. Faylona MLQU 93.45
8 Bienvenido A. Tan Jr. UP 93.45
9 Irene R. Cortez UP 92.95
10 Alberto P. San Juan UP 92.50
1949
1 Anacleto C. Mañgaser PLS 95.85
2 Dominador Aytona UM 94.55
3 Ramon Encarnacion Jr. MLQU 94.10
4 Celso L. Magsino FEU 93.50
5 Jose C. Campos Jr. UP 93.10
5 Nicias Mendoza MLQU 93.10
6 Enrique M. Belo UP 92.95
7 Ladislao L. Reyes UP 92.90
8 Generoso V. Jacinto UP 92.80
9 Neptali A. Gonzales PLS 92.50
10 Robustiano Espiritu MLQU 92.15
1950
1 Carolina C. Griño Special 92.05
2 Ramon O. Reynoso, Jr. UP 91.15
3 Rodolfo Ganzon ICC 91.10
4 Andres E. Matias FLS 90.30
5 Alicia V. Sempio MLQU 90.05
6 Mariano V. Ampil Jr. UP 89.30
7 Deogracias P. Lirio FEU 89.15
8 Gregorio S. Turiano FEU 88.85
9 Arturo T. de Guia UST 88.80
10 Miguel V. Gonzales MLQU 88.50
10 Ciriaco G. Lopez UP 88.50
1951
1 Vicente R. Acsay UM 92.25
2 Andres R. Narvasa UST 91.60
3 Pablo P. Garcia USC 91.50
4 William R. Veto AdeMU 91.20
5 Fortunato A. Vailoces USC 90.85
6 Isidro C. Zarraga UP 90.55
7 Benildo G. Hernandez MLQU 90.45
8 Isagani A. Cruz MLQU 90.15
9 Timoteo J. Sumawang MLQU 90.10
10 Cesar B. Dadivas FLS 89.85
1952
1 Pedro S. C. Animas UP 94.25
2 Gabriel C. Singson AdeMU 93.75
3 Marciano C. Sicat FEU 93.30
4 Augusto Almeda-Lopez UP 93.10
4 Rosalino A. Centeno FEU 93.10
5 Andres C. Regalado UP 92.90
6 Florentino P. Feliciano UP 92.90
7 Alfredo Marigomen UP 92.55
7 Roman D. Valdez FEU 92.55
8 Jeremias U. Montemayor AdeMU 92.50
9 Meynardo A. Tiro AdeMU 92.30
10 Godofredo F. Trajano UST 92.05
1953
1 Leonardo A. Amores UM 94.05
2 Juan J. Diaz MLQU 93.85
3 Jose B. Aquino AdeMU 93.25
4 Jose C. Reyes AdeMU 93.10
5 Bernanrdo P. Fernandez SBC 92.75
6 Vicenzo A. Sagun SU 92.55
7 Leopoldo A. Francisco MLQU 92.40
8 Oscar M. Herrera FEU 92.25
9 Lauro V. Francisco MLQU 92.20
10 Ernesto D. Tobias UP 92.05
1954
1 Florenz D. Regalado SBC 96.70
2 Renato L. dela Fuente SBC 95.95
3 Antonio R. Quintos AdeMU 95.50
4 Raymundo A. Armovit UP 94.30
5 Bienvenido V. Reyes MLQU 93.70
5 Jose R. Viñas MLQU 93.70
6 Benjamin V. Abela UP 93.50
6 Rodolfo J. Herman ONI 93.50
6 Salome A. Montoya FEU 93.50
7 Quirico T. Carag Jr. UP 93.45
8 Pacifico M. Castro UST 93.35
9 Rene Espina USP 93.20
10 Banjamin P. Paulino UE 93.00
1955
1 Tomas P. Matic, Jr. FEU 90.55
2 Juan G. Colias, JR. UP 89.90
3 Emmanuel S. Tipon UP 89.55
4 Ricardo M. Ilarde MLQU 87.90
5 Valentino G. Castro MLQU 86.80
6 Jose S. Balajadia UP 86.30
6 Manuel T. Muro FEU 86.30
7 Artemio R. Aliva UP 86.25
7 Vicente V. Asuncion, Jr. AdeMU 86.25
7 Jovencio F. Cinco FEU 86.25
8 Francisco G. de Guzman MLQU 86.15
9 Julio T. Baldonado MLQU 86.00
10 Lourdes J. Fajutrao MLQU 85.95
1956
1 Francisco C. Catral SBC 90.20
2 Nereo J. Paculdo UP 89.55
3 Carlos R. Imperial AdeMU 89.50
4 Alfonso B. Camillo UST 89.40
4 Juanito R. Remulla UP 89.40
5 Artemio R. Corpuz LP 89.15
5 Melencio C. Corpuz UE 89.15
5 Benjamin M. Grecia FEU 89.15
6 Raul L. Correa UP 89.10
7 Benigno A. Bernardo FEU 88.95
8 Andre L. Navato SBC 88.60
9 Ernesto M. Maceda AdeMU 88.55
10 Victor L. Sison SBC 88.50
1957
1 Gregorio R. Castillo UP 89.15
2 Antonio F. Navarrete AdeMU 88.65
3 Samson S. Alcantara MLQU 88.20
4 Don M. Ferry UP 88.15
5 Sabino R. Padilla, Jr. UP 88.00
6 Vicente D. Millora UP 87.65
7 Jose E. Picazo UP 87.40
8 Enrique D. Perez SBC 87.05
9 Romeo C. dela Cruz UP 87.00
10 Perfecto V. Fernandez UP 86.95
1958
1 Manuel G. Abello UP 89.25
2 Jose dlC Concepcion UP 89.10
3 Jose N. Nolledo FEU 88.95
4 Antonio J. Navas, Jr. UST 86.75
5 Norberto S. Gonzales MLQU 86.70
6 Virgilio C. Manguera UP 86.60
7 Sergio A. Apostol AdeMU 86.45
8 Raul Flores MLQU 86.30
9 Amado M. Santiago, Jr. AdMU 86.25
10 Benjamin A. Claveria UNC 85.95
1959
1 Agustin O. Benitez FEU 89.20
2 Lorenzo G. Timbol UP 88.75
3 Amado A./ Bulaong, Jr. UP 88.45
4 Custodio O. Parlade FEU 88.40
5 Romulo M. Villa UP 88.05
6 Ismael G. Khan, Jr. UP 87.95
7 Nelly A. Favias UP 87.50
8 Efren G. Gutierrez UP 87.40
9 Francis M. Zosa AdeMU 87.15
10 Pedro G. Banzon UST 87.10
1960
1 Ismael Andres MLQU 91.70
2 James J. Litton UP 91.65
3 Florencio Z. Sioson LP 91.15
4 Redentor A. Salonga AdeMU 90.15
5 David C. Naval UNC 89.85
6 Artemio V. Panganiban, Jr. FEU 89.55
7 Jose S. Brillantes AdeMU 89.20
8 Rolando N. Velasco SBC 88.95
9 Gregorio P. Molina AdeMU 88.75
10 Valerio Salazar USC 88.25
1961
1 Avelino V. Cruz SBC 90.95
2 Antonio T. Lacson AdeMU 89.20
3 Manuel B. Zamora, Jr. UP 87.45
4 Victor J. Lee FEU 86.80
5 Eugenio S. Suarez UP 86.70
6 Reginaldo I. Oben UST 86.60
7 Filemon Fernandez USC 86.45
7 Isidro E. Real, Jr. LP 86.45
8 Eliddoro G. Ubiadas UP 86.35
9 Maxie S. Aguillon UST 86.00
10 Jovito E. Talabong LuzC 85.80
1962
1 Deogracias G. Eufemio UP 90.80
2 Felicisimo R. Quioque SBC 89.70
3 Ma. Luisa A. Mendoza LP 87.10
4 Adolfo S. Azcuna AdeMU 86.80
5 Virgilio B. Jara SBC 86.35
6 Elizabeth R. Tan UP 86.30
7 Manuel R. Castro UP 86.00
8 Haydee B. Uorac UP 86.95
9 Joaquin G. Bernas AdeMU 85.10
10 Prospero A. Olivas BC 84.95
1963
1 Cornelio C. Gison AdeMU 86.35
2 Hector A. Martinez UP 85.95
3 Wenceslao R. dela Paz USA 85.05
4 Teodoro a. Almazen UV 84.95
4 Myrna Policrpio Cruz UST 84.95
5 Antonio A. Picazo UP 84.90
6 REnato V. Saguisag SBC 84.85
7 Carmelo Betita UP 83.20
8 Honorato Y. Aquino BCF 83.05
8 Remeo Limpingco FEU 83.05
8 Roberto P. Ocampo UE 83.05
9 Jose P. Mendoza SBC 83.00
10 Antonio H. Abad, Jr. FEU 82.80
1964
1 Jesus P. Castelo SBC 88.40
2 Demetrio G. Demetria UE 86.85
3 Fernando T. Chua AdeMU 86.75
4 Eduardo G. Berenguer AdeMU 86.15
5 Raymundo Dizon, Jr. AdeMU 86.10
6 Manuel S. Ferandos SBC 85.60
7 Adolfo A. Angala AdeMU 85.35
8 Ferdinand S. Tinio UP 85.00
9 Ma. Ana C. Chanco UP 84.60
10 Raul S. Picardo SBC 84.40
1965
1 Victor S. dela Serna SBC 89.80
2 Mercedita V. Santiago UP 89.55
3 Angelito C. Imperio UP 88.70
4 Jose I. Castell FEU 87.45
5 Luisito G. Baluyot AdeMU 86.50
6 Trudon G. German AdeMU 85.85
7 Frank Y. Tan AdeMU 85.50
8 Pio Y. Go USC 85.30
9 Antonio V. Ramil UP 84.95
10 Roberto Palmares USC 84.85
1966
1 Roberto San Jose UP 90.60
2 Ruben F. Balane UP 88.50
2 Pablo S. Trillana III SBC 88.50
3 Teodoro Villarmia, Jr. AdMU 88.45
4 Francisco D. Yap SU 87.70
5 Wilfredo M. Chato UP 87.00
6 Sonia Bautista UP 86.75
7 Arturo G. Cabilete AdMU 86.60
8 Hildegardo F. Iñigo AdeC 86.35
9 Ramon Aviado, Jr. AdeMU 86.25
10 Antonio B. Dayrit FEU 86.20
1967
1 Rodolfo D. Robles SBC 89.60
2 Mario Guarin\ña III USA 87.80
3 Basilio H. Alo UE 87.15
4 Douglas R. Cagas UE 86.85
5 Sylvia Katherine F. Luczon FEU 86.05
5 Rolando s. Santos SBC 86.05
5 Thomas V. Tieng SBC 86.05
6 Manuel S. Quimbo AdeMU 86.00
7 Antonio B. Nachura SBC 85.70
8 Pablito V. Sanidad UP 85.50
9 Fulgencio S. Factoran, Jr. UP 84.90
10 Franklin M. Ebdalin AdeMU 84.80
1968
1 Oscar B. Glovasa UB 87.45
2 Jose Mario C. Buñag AdeMU 86.85
3 Jacinto D. Jimenez AdeMU 86.80
4 Franco L. Loyola FEU 86.05
5 Leandro C. Pancito MLQU 86.75
6 Soledad M. Cagampang UP 85.52
7 Raul Cabrera AdeMU 85.50
8 Antonio B. Panopio UE 85.00
10 Nestor I. Madlansacay LP 84.8
1969
1 Ronaldo B. Zamora UP 87.30
2 Nicolas B. Madrazo UE 87.25
3 Franklin M. Drilon UP 86.85
4 Arthur B. Soller AdeMU 86.05
5 Aniceto Y. Dideles UP 85.80
5 Danilo L. Protacio AdeMU 85.80
6 William P. Mellana AdeMU 85.60
6 Procopio V. Vergel de Dios, Jr. AdeMU 86.80
7 German a. Gineta UST 85.55
8 Antonio H. Dujua AdeMU 85.25
8 Quintin J. Garcia SBC 85.25
9 Oswaldo A. Esperat SU 85.15
10 Silvestre J. Acejas UP 84.95
1970
1 Romulo D. San Juan UP 87.50
2 Kamar M. Boloto UE 86.75
2 Jesus N. Borillo, Jr. AdeMU 86.75
3 Arturo M. de Catro UP 86.60
4 Obed C. Cutaran FEU 85.40
5 Juan D. de Zuñiga FEU 85.25
6 Jose L. Baizas FEU 84.95
7 Lou G. Tirol SBC 84.75
8 Hermogenes R. Liwag LP 84.55
9 Marcelo T. Oñate FEU 84.50
10 Rodrigo I. Alano FEU 84.40
1971
1 Henry R. Villarica UP 92.40
2 Prospero C. Nograles AdMU 90.95
3 Victor P. Lazatin UP 9.65
4 Liberador V. Villegas AdeMU 90.65
5 Romulo P. Atencia AdeMU 90.45
6 Virgilio Ma. S. del Rosario AdeMU 89.95
6 Presbitero J. Velasco, Jr. UP 89.85
7 Angelito W. Chua FEU 89.60
8 Amando M. L. Suratos AdeMU 89.30
9 Eduardo N. Aguillon USA 89.25
10 Flavio P. Gutierrez UST 88.95
1972
1 Januario B. Soller, Jr. AdeMU 87.13
2 Jesus M. Manalastas UP 86.43
3 George A. Eduvala SBC 86.08
3 Leo J. Palma UP 86.08
4 Solon R. Garcia AdeMU 85.80
5 Francis Y. Gaw AdeMU 85.50
6 Domingo C. Palarca UP 85.13
7 Felito S. Ramirez SBC 84.83
8 Corazon D. Martinez UST 84.50
9 Jesus F. Balicanta SBC 84.28
10 Felino M. Ganal UP 84.13
1973
1 Vicente R. Solis AdeMU 90.30
2 Victoria Piñera AdeMU 89.60
3 Ricardo T. Chu, Jr. USA 88.60
4 Charles S. Anastacio SBC 87.20
5 Manuel L. M. Torres SBC 87.05
6 Ernesto R. Lim, Jr. SBC 86.90
7 Frumencio A. Lagustan SBC 86.80
8 Abraham B. Borreta UP 86.45
9 Lucas P. Bersamin UE 86.30
10 Jesus G. Dureza AdeD 86.25
1974
1 Arturo D. Brion AdeMU 91.65
2 Ferdinand T. Santos SBC 90.70
3 Francis H. Jardeleza UP 88.35
4 Rafael A. Morales UP 87.79
5 Francisco B. Luna FEU 87.39
6 Delfin M. Quijano CSJ-R 87.34
7 Nanette R. de Castro UP 86.90
8 Kenneth M. Barredo UNO-R 86.70
9 Marcelo J. Abibas, Jr. MLQU 86.20
10 Luis A. Vera Cruz, Jr. UP 85.88
1975
1 Nicanor B. Padilla, Jr. UE 86.70
2 Natividad B. Kwan AdeMU 86.55
3 Emmanuel R. Pacquiao UV 86.50
4 Augusto G. Panlilio AdeMU 86.35
5 Edmundo I. Imperial AdeMU 86.25
6 Antonio T. Carpio UP 85.70
6 Roldan B. Dalman AdeMU 85.70
7 Edgardo A. Abinales UE 85.30
8 William L. Chua UNO-R 85.05
9 Rosmari D. Carandang UP 84.95
10 Vicente B. Amador UP 84.90
10 Josefa K. CAuton UP 84.90
10 Vicente Q. Roxas UP 84.90
1976
1 Enrique Y. Teehankee UP 90.80
2 Pedro Y. Aquino FEU 89.95
3 Arthur E. Galace BCF 89.45
4 Vicente F. Ruaro AdeMU 88.50
5 Jose A. Curammeng, Jr. UST 88.25
6 Arturo C. Villamor USC 88.05
7 Mariano E. Sarmiento II UP 87.95
8 Ruben V. Abarquez AdeD 87.65
9 Florencio M. Martinez SBC 87.65
10 Federico C. Cabilao, Jr. UDC 87.50
1977
1 Virgilio B. Gesmundo AdeMU 91.80
2 Lowell T. Yap UE 91.35
3 Ruben O. Purisima AdeMU 91.18
4 Eduardo V. Viloria UE 91.05
5 Richard N. Ferrer AdeMU 90.72
6 Pelagio T. Ricalde UP 90.45
7 Avelino J. Cruz, Jr. UP 90.42
8 Ruen M. Cleofe AdeMU 90.05
9 Joel M. Famador USC 89.61
10 Nicolas J. Gomez, Jr. AdeMU 89.48
1978
1 Cosme D. Rosell UP 92.47
2 Domingo M. Navarro SBC 90.97
3 Alexander J. Poblador UP 90.95
4 Phillip B. King AdeMU 90.52
5 Edgardo A. Camello UP 90.42
6 Ramon C. Casano SBC 90.35
7 Andres S. Santos UE 90.02
8 Viveca L. Codamon LP 89.90
8 Rodolfo C. Fariñas AdeMU 89.90
9 Spyros L. Osorio SBC 89.87
10 Susan N. delos Reyes ZAEC 89.35
1979
1 Gregorio M. Batiler, Jr. AdeMU 91.40
2 Rene B. Gorospe UST 90.60
3 Barbara Anne C. Migallos UP 90.30
4 Marius P. Corpus AdeMU 90.00
5 Simeon V. Marcelo UP 89.90
6 Mario Luza Bautista UP 89.20
7 Rolando V. Medalla, Jr. UP 89.05
8 Jaime M. Blanco, Jr. UP 88.90
9 Gabriel L. Villareal UP 88.80
10 Guillermo A. Villasor, Jr. UNO-R 88.05
1980
1 Rafael L. Lagos UP 89.75
2 Marilyn a. Victorio UP 89.55
3 Jaime S. Jacob SBC 89.45
4 Purisimo S. Buyco UP 88.70
4 Reynaldo G. Salutan AdeMU 87.70
5 Bayani K. Tan UP 87.25
6 Noel G. Sanchez AdeMU 87.00
7 Jose F. Caoibes, Jr. UP 86.70
8 Epifania Q. Navarro AdeMU 86.55
9 Dante G. Ilaya MLQU 86.50
9 Joseph H. Reyes AdeMU 86.50
10 Giorgidi B. Aggabao AdeMU 86.45
1981
1 Irene Regodon-Guevarra AdeMU 90.95
2 Cesar L. Vilanueva AdeMU 90.15
3 Arthur T. Lim USC 90.10
4 Edgardo M. de Vera AdeMU 88.80
5 Celia Librea-Leagogo UP 88.45
6 Virgilio s. Jacinto UP 88.25
6 Jose Jesus Laruel AdeMU 88.25
7 Victoria R. Timbancaya SU 87.95
8 Edgar Julio S. Asuncion UP 87.70
8 Jose P. Crisostomo, Jr. 87.70
8 Omar B. Redula USC 87.70
9 Soledad G. Fuentes AdeMU 87.40
10 Rogelio V. Quevado UP 87.30
1982
1 Ray C. Espinosa AdeMU 90.95
2 Lily U. Valencia UNO-R 90.85
3 Silverio Benny J. Tan UP 90.80
4 Luisito V. Liban UP 90.15
5 Efren L. de Leon AdeMU 89.82
6 Edwin C. Yan FEU 89.70
7 Vidor A. Nosce AdeMU 89.32
8 Eduardo P. Lizares UP 88.55
9 Francisco S. de Guzman SBC 88.52
10 Simeon R. Raya, Jr. AdeMU 88.35
1983
1 Manuel Antonio J. Teehankee UP 91.40
2 Salvador S. Hipolito UE 90.60
3 William Y. Wee AdMU 90.55
4 Melvyn S. Jurisprudencia UNO-R 89.75
5 Rocky L. Reyes UP 88.35
6 Agerico T. Paras AdMU 88.30
7 Rosendo U. Castillo, Jr. SBC 88.15
7 Yolanda T. Mendoza UP 88.15
8 Jose Arturo R. Natividad AdeMU 87.90
9 Reynaldo S. Nicolas UP 87.75
10 Gil A. Valera AdeMU 87.70
1984
1 Richard M. Chiu AdeMU 92.85
2 Roy Joseph M. Rafols AdeMU 91.32
3 Dolores P. Abad USA 90.95
3 Manuel J. Laserna, Jr. FEU 90.85
4 Ernesto R. Añasco SBC 90.65
5 Vivencio F. Abaño AdeMU 90.30
5 Priscilla baltazar-Padilla LP 90.30
6 Manuel M. Macasaet AdeMU 90.27
7 Victor L. Chan AdeMU 90.05
8 Renato C. Pineda AdeMU 89.95
9 Arnold L. Barba XU 89.92
10 Antonio P. Bonilla AdeMU 89.75
1985
1 Janette Susan L. Peña UP 89.40
2 Menardo I. Guevarra AdeMU 88.22
3 Edison F. Quintin MLQU 87.70
3 Lilian B. Hefti SBC 87.7
4 Abelardo T. Domondon AdU 87.45
5 Oscar Gerard C. Breva AdeMU 87.40
5 Ma. Victoria S. Rotor AdeMU 87.40
6 Buenaventura C. Go-Soco, Jr. DWU 86.65
7 Edward S. Serapio AdeMU 86.30
8 Leila M. De Lima-Bohol SBC 86.26
9 Fe D. Vivencio AdeMU 86.15
10 Ma. Elena G. Opinion USA 86.12
10 Mary Carolyn S. Que SBC 86.12
1986
1 Laurence L. Go AdeMU 88.60
2 Armando S. Kho AdeMU 87.60
3 Solomon M. Hermosrura SBC 86.80
4 Jose Ismael Enrique C. Palma, Jr. AdeMU 86.60
5 Roberto a. Gana AdeMU 86.40
6 Andrea L. Si UNO-R 86.30
7 Bernardo V. Cabal AdeMU 86.30
8 Cresencio Fortunato R. Balsbas UP 86.15
9 Peter Donnely A. Barot UP 86.0
9 Andres Willhelm B. Camarista UI 86.00
10 Corazon G. Ferrer-Flores UST 85.75
1987
1 Mario P. Victorino AdeMU 88.55
2 Rey D. Tancinco UP 87.65
3 Elmore O. Capule AdeMU 87.60
4 Miguel F. Gudio, Jr. SU 87.40
5 Mario M. Tavora AdeMU 87.35
6 Linus G. Abaquin AdeMU 87.15
7 Francisco M. Macalino AdeMU 86.80
8 Fernando C. Soriano AdeMU 86.60
9 Imelda A. Manguiat UP 86.10
10 Jose Ma. G. Hofileña AdeMU 86.05
1988
1 Maria Yvette O. Navarro UP 88.12
2 Antonio M. Bernardo AdeMU 87.78
3 Ma. Jasmine S. Oporto UP 87.74
4 Ma. Valentina S. Santana UP 86.81
5 Hever M. Bascon, Jr. AdeMU 86.51
6 Ben Hur R. Olivas AdeMU 86.33
7 Cyril Regalado USA 86.325
8 Timoteo B. Aquino SBC 86.32
9 Rene V. Tria SBC 86.31
10 Silvina Q. Mamaril SLU 86.20
1989
1 Gilberto Eduardo Gerardo C. Teodoro, Jr. UP 86.18
2 Meinrado Enrique A. Bello AdeMU 86.08
3 Antonio Gabriel M. La Viña UP 86.02
3 Ranulfo G. Mendoza SBC 86.02
4 Persida V. Rueda UE 85.62
5 Thaddeus E. Venturaza AdeMU 85.53
6 Rowena L. Garcia SBC 85.20
7 Thaddeus R. Alvizo UP 85.14
8 Jalilo O. dela Torre USJ-R 85.10
9 Sinforoso R. Pagunsan AdeMU 85.09
10 Jefferson M. Marquez SBC 84.94
1990
1 Aquilino L. Pimentel III UP 89.85
2 Augusto A. San Pedro, Jr. UP 89.35
3 Mylene Garcia-Albano AdeMU 88.95
4 Maximilian Joseph T. Uy UP 88.20
5 Marciano G. Delson SBC 87.95
6 Romeo Johann I. Fernandez AdeMU 87.75
7 Frederick G. Young AdeMU 87.60
8 Ruben C. Carranza UP 87.45
9 Fernando Y. Concepcion AdeMU 87.20
10 Reynaldo B. Robles FEU 87.10
1991
1 Joseph P. San Pedro AdeMU 89.95
2 Maribeth A. Lipardo AdeMU 89.75
3 Joseph Ferdinand M. Dechavez SBC 87.97
4 Susan Pearl D. Villanueva UP 87.32
5 Gerardo June T. Buan SBC 87.10
6 Risel G. Castillo SBC 86.57
7 Gafar E. Lutian SBC 86.25
8 Angelo C. Perez AdeMU 85.97
9 Susan P. Cariaga UP 85.70
10 Antonio T. Kho, Jr. SBC 85.65
1992
1 Jayme A. Sy, Jr. AdeMU 87.00
2 Gerard A. Mosquera AdeMU 86.30
3 Carina C. Laforteza UP 85.95
4 Joel Jude R. Mutia AdeMU 85.90
5 Angelique A. Santos AdeMU 85.70
6 Edilberto T. Castañeda UP 85.60
7 Michael G. Aguinaldo AdeMU 85.35
8 Imelda M. Abadilla SBC 84.75
8 Peter-Joey B. Usita SBC 84.75
8 Ma. Divina s. Andaya-Carandang LP 84.75
9 Angela P. Garia UNO-R 84.41
10 Priscilla B. Valer AdeMU 84.40
1993
1 Anna Leah Fidelis T. Castañeda AdeMU 88.32
2 Crisostomo M. Akol SBC 87.30
3 Rosemari U. Griño AdeMU 86.82
4 Pablo John F. Garcia, Jr. UP 86.51
5 Ma. Josefina G. Se AdeMU 85.27
5 Patrick V. Santo UP 85.27
5 Nelson S. Victorino ArU 85.27
6 Andrew Michael s. Ong UP 85.25
7 Jose Jesus M. Disini, Jr. UP 85.22
8 Rogelio J. Bondoc, Jr. AdeMU 84.90
9 Manuel P. Casiño SBC 84.55
10 Maria SocorroZ. Manguiat AdeMU 84.47
1994
1 Francisco Noel R. Fernandez UP 89.20
2 Fernando C Sioson AdeMU 88.45
3 Gregorio V. Cabantac UP 87.90
4 Harrison M. Paltongan SBC 87.70
5 Marlon J. Manuel AdeMU 87.35
6 Caroline V. Henson AdeMU 87.25
7 Alan John B. Tantoco AdeMU 87.05
8 Joel G. Tinitigan AdeMU 86.75
9 Felix T. Sy, Jr. AdeMU 86.45
10 Arnel M. Santos AdeMU 86.10
10 Maria Paz Romana S. Angeles AdeMU 86.10
1995
1 Leonor Y. Dicidican UP 91.20
2 Emmanuel Donato K. Guzman UP 89.20
3 Winston M. Ginez SBC 88.00
4 Abner C. Gener, Jr. UP 87.10
4 David Emmanuel B. Puyat UP 87.10
5 Carla E. Santamaria UST 87.05
6 Shennan A. Sy AdeMU 86.95
7 Gwen B. Grecia UP 86.75
8 Arnold F. de Vera UP 86.35
9 Maria Grace C. de Jesus UP 86.25
9 Jeanne Merced M. Macasaet UP 86.25
10 Lyssa Grace S. Pagano-Lubrica BCF 86.00
1996
1 Patricia Ann T. Progalidad UP 90.60
2 Peter L. Pacheco AdeMU 90.50
3 Katherine Agnes MC Arnaldo AdeMU 90.35
4 Recaredo C. Borgonia, Jr. UP 89.65
5 Amante A. Liberato FEU 89.50
5 Herminigildo G. Mukarami, Jr. AdeMU 89.50
6 Shirley F. Alinea UP 89.45
7 Yasmin Suzette J. Tan UP 89.40
8 Rosalia S. Bartolome UP 89.30
9 Amor M. Datinguinoo UP 89.15
10 Edgar DL Bernal UP 89.00
1997
1 Ma. Celia H. Fernandez UP 90.02
2 Mary Ann L. Villamor UP 89.40
3 Rhett Emmanuel C. Serfino MLQU 89.20
4 Ma. Trina Eliza K. Ngo AdeMU 89.15
5 Jose Raullito E. Paras SBC 88.82
6 Emmanuel S. Ypil AdeMU 88.07
7 Teodulfo Antonio G. San Juan UP 87.77
8 Philbert E. Varona AdeMU 87.55
9 Alleniery Allan V. Exclamador MSU 87.00
10 Ralph S. Sarmiento UStL 86.82
1998
1 Janet B. Abuel BCF 91.80
2 Norma Margarita B. Patacsil UP 91.40
3 Maria Franchette M. Acosta UP 91.25
4 Benigno G. Par, Jr. UST 90.85
5 Andre C. Palacios UP 90.70
6 Kenneth L. Chua AdeMU 89.70
7 Aaron Philip B. Cruz AdeMU 89.65
8 Gregorio M. Perex\z USC 89.30
9 Margie P. Colinayo AdeMU 89.15
10 Ambrosio L. Cantada II AdeMU 89.10
1999
1 Edwin R. Enrile AdeMU 88.50
1 Florin T. Ibay UP 88.50
2 Dara C. Acusar AdeMU 87.70
3 Francis Joseph H. Ampil AdeMU 87.20
4 Roel A. Refran AdeMU 86.90
5 Maritess B. Avila SBC 86.55
6 Randy T. Ceniza AdeDU 86.05
7 Karen B. Caparros UP 85.90
7 Lourdes C. Echavez-de Leon AdeMU 85.90
8 Riafe M. Cagas UP 85.75
9 Fritzie P. Tangkia UP 85.55
10 Grainoil U. Baysa-Pee AdeMU 85.50
2000
1 Eliseo M. Zuñiga, Jr. UP 90.60
2 Arvin Dexter M. Lopoz AdeDU 90.55
3 Jean G. Pantaleon-Pallorina AdeMU 89.20
4 Rogelio G. Largo AdeDU 88.55
5 Joan D. Adci UP 88.40
6 Machael Felipe A. Mercado SBC 88.30
7 Valerie C. Feria UP 88.15
7 Princess Lou D. Managuelod UP 88.15
8 Prudence Angelita A. Kasala UST 87.85
9 Andrea Antonette A. Sese-Relucio AdeMU 87.80
10 Ma. Cristina T. Suralvo UP 87.45
2001
1 Rodolfo Ma. A. Ponferrada UP 93.80
2 Jesus Paolo U. Protacio AdeMU 90.05
3 Anthony Mark A. Gutierrez AdeMU 89.85
4 Solomon F. Lumba UP 88.55
5 Katrina Diane Noelle C. Monsod AdeMU 88.50
6 Ma. Theresa U. Ballelos UP 88.40
7 Amabelle Grace G. Mascardo SU 88.35
8 Adonis V. Gabriel SBC 88.25
9 John Noah M. Red AdeMU 88.10
10 Dante R. Bravo SBC 87.95
2002
1 Arlene M. Maneja UST 92.90
2 Connie G. Chu AdeMU 90.40
3 Eric R. Recalde SBC 90.30
4 Ma. Ngina Teresa V. Chan-Gonzaga AdeMU 89.80
4 Michelle Ann U Juan AdeMU 89.80
5 Dorothy A. Uy AdeMU 89.50
6 Maria Gracia R. GAmez UP 89.40
7 Joel Emerson J. Gregorio AdeMU 89.10
8 Rex S. Austria SBC 89.05
9 George O. Ortha II SBC 89.00
10 Joseph Lyle K. Sarmiento AdeMU 88.75
2003
1 Aeneas Eli S. Diaz AdeMU 88.53
2 Harvey Lawrence N. Dychiao AdeMU 87.58
3 Saben C. Loyola SBC 87.29
4 Mark Oliver M. Karaan SBC 85.35
5 Sabrina Kate D. Paner AdeMU 85.17
6 Dorothy B. Dizon AdeMU 85.12
7 Mani Thess Q. Peña UP 85.06
8 Melissa Romana P. Suarez AdeDU 85.00
9 Henry M. Francisco SBC 84.82
10 Jose C. Evan BiC 84.64
2004
1 January Sanchez UP 87.45
2 Ronald P. De Vera UP 86.95
3 Charlito Martin R. Mendoza SBC 86.75
4 Ma. Cristina C. Larrobis USC 86.30
5 Efren Vincent M. Dizon SBC 86.10
6 Michael Geronimo G. Martin AdMU 86.05
Maria Melissa G. Tan SBC 85.55
7 Joseph Joemer C. Perez UP 85.45
8 Neil Simon S. Silva UP 85.40
9 Ma. Melissa D. Jamero USC 85.30
10 Ronald P. De Vera UP 86.95
2005
1 Joan de Venecia UP
2 Jomini C. Nazareno AdMU 86.40
3 Sheryl May B. Tanquilut AdMU 85.95
4 Nyerson Dexter Tito Q. Tualla MLQU 85.45
5 Tamsin Rae N. Lucila UP 85.35
6 Gladys V. Gervacio UPHR 85.30
7 Claudine B. Orocio-Isorena UP 85.20
8 Pedro Jose F. Bernardo AdMU 85.05
9 Dexter B. Calizar PLS 84.70
10 Johnson A.H. Ong FEU 84.65
2006
1 Noel Neil Q. Malimban UC 87.60
2 Deborah S. Acosta UP 87.40
2 Ricardo M. Ilares III AdeMU 87.40
3 Erika Ana Andrea C. Jimenez AdeMU 86.60
4 Maria Charizza B. Carlos AdeMU 86.10
5 Gina Lyn R. Rubio FEU 85.75
6 Anjuli Larla A. Tan DVOREFI 85.70
7 Karen H. Gaviola USC 85.68
8 Al-shwaid L. Ismael UC 85.65
9 Timothy Joseph M. Mendoza UP 85.55
10 Alain Charles J. Veloso UP 85.50
2007
1 Mercedita L. Ona AdeMU 83.55
2 Jennifer T. Ong UP 83.35
3 Yvanna DL. Maalat AdeMU 82.75
4 Jennie C. Aclan USC 82.10
5 John Michael S. Galauran UNC 81.60
6 Karen S. Canullas SSC 81.40
7 Sheryl Ann D. Tizon UP 81.35
7 Cecille L. Mejia AdeMU 81.35
8 Marforth T. Fua SBC 81.20
9 Ruby M. Luy AdeDU 81.15
10 Christian B. Llido UC 80.90
10 Vivian S. Tan UP 80.90
2008
1 Judy Lardizabal SSC
2 Mylene Amerol Macumbal MSU 85.65
3 Oliver Baclay Jr. AdMU 85.50
4 Majesty Eve Jala AdMU 85.55
5 Mari Elizabeth Liceralde UP 85.40
6 Michael Macapagal UP 84.15
7 Denise Dy AdMU 84.00
7 April Love Regis AdMU 84.00
8 Christine Joy Tan AdMU 83.80
9 Jihan Jacob SBC 83.75
9 Shirley Velasquez UP 83.75
10 Vanessa Raymundo SBC 83.70
Wednesday, September 9, 2009
Sunday, September 6, 2009
Bar Exams 2009: Political and International Law
PART I
I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
[a] A law making “Bayan Ko” the new national anthem of the Philippines, in lieu of “Lupang Hinirang,” is constitutional.
[b] Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state.
[c] A law that makes military service for women merely voluntary is constitutional.
[d] A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40% in any subject, is constitutional.
[e] An educational institution 100% foreign-owned may be validly established in the Philippines.
II
Despite lingering questions about his Filipino citizenship and his one-year residence in the district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law. His opponent, Vito, hires you as lawyer to contest Gabriel’s candidacy.
[a] Before election day, what action or actions will you institute against Gabriel, and before which court, commission or tribunal will you file such action/s? Reasons. (2%)
[b] If, during the pendency of such action/s but before election day, Gabriel withdraws his certificate of candidacy, can he be substituted as candidate? If so, by whom and why? If not, why not? (2%)
[c] If the action/s instituted should be dismissed with finality before the election, and Gabriel assumes office after being proclaimed the winner in the election, can the issue of his candidacy and/or citizenship and residence still be questioned? If so, what action or actions may be filed and where? If not, why not? (2%)
III
The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park, and appropriating the funds needed therefor. Upon review, the |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which, though smaller in size, is still suitable for the purpose, and to pursue expropriation would be needless expenditure of the people’s money. Is the disapproval of the ordinance correct? Explain your answer. (2%)
IV
The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the municipal hall. The municipality files a motion to dismiss the complaint, invoking state immunity from suit. Resolve the motion with reasons. (3%)
V
To address the pervasive problem of gambling, Congress is considering the following options: (1) prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only in government-owned casinos; and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings.
[a] If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling, can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer. (2%)
[b] If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling, would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer. (2%)
VI
In a criminal prosecution for murder, the prosecution presented, as witness, an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping law. Resolve the objection with reasons. (3%)
VII
Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. The team saw a man with reddish and glassy eyes walking unsteadily towards them, but he immediately veered away upon seeing the policemen. The team approached the man, introduced themselves as peace officers, then asked what he had in his clenched fist. Because the man refused to answer, a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. The team then took the man into custody and submitted the contents of the sachet to forensic examination. The crystalline substance in the sachet turned out to be shabu. The man was accordingly charged in court.
During the trial, the accused:
[a] challenged the validity of his arrest; (2%) and
[b] objected to the admission in evidence of the prohibited drug, claiming that it was obtained in an illegal search and seizure. (2%)
Decide with reasons.
VIII
Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities, in violation of R.A. 8799. He then filed, and the House of Representatives unanimously approved, a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter, in aid of legislation, in order to prevent the recurrence of any similar fraudulent activity.
The HCGG immediately scheduled a hearing and invited the responsible officials of IUB, the Chairman and Commissioners of the Securities and Exchange Commission (SEC), and the Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for the hearing, only the SEC Commissioners appeared, prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons.
The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena, raising the following arguments:
[a] The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor’s office; thus, the legislative inquiry would preempt judicial action; (3%) and
[b] Compelling the IUB officials, who are also respondents in the criminal and civil cases in court, to testify at the inquiry would violate their constitutional right against self-incrimination. (3%)
Are the foregoing arguments tenable? Reasons.
[c] May the Governor of the BSP validly invoke executive privilege and, thus, refuse to attend the legislative inquiry? Why or why not? (3%)
IX
Warlito, a natural-born Filipino, took up permanent residence in the United States, and eventually acquired American citizenship. He then married Shirley, an American, and sired three children. In August 2009, Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17.
While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225.
[a] Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. (3%)
[b] With Warlito having regained Philippine citizenship, will Shirley also become a Filipino citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain. (3%)
[c] Do the children — Johnny, Warlito Jr., and Luisa — become Filipino citizens with their father’s reacquisition of Philippine citizenship? Explain your answer. (3%)
X
Maximino, an employee of the Department of Education, is administratively charged with dishonesty and gross misconduct. During the formal investigation of the charges, the Secretary of Education preventively suspended him for a period of sixty (60) days. On the 60th day of the preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered his immediate dismissal from the service.
Maximino appealed to the Civil Service Commission (CSC), which affirmed the Secretary’s decision. Maximino then elevated the matter to the Court of Appeals (CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary of Education then petitions the Supreme Court (SC) for the review of the CA decision.
[a] Is the Secretary of Education a proper party to seek the review of the CA decision exonerating Maximino? Reasons. (2%)
[b] If the SC affirms the CA decision, is Maximino entitled to recover back salaries corresponding to the entire period he was out of the service? Explain your answer. (3%)
*** END OF PART I ***
PART II
XI
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
[a] Aliens are absolutely prohibited from owning private lands in the Philippines.
[b] A de facto public officer is, by right, entitled to receive the salaries and emoluments attached to the public office he holds.
[c] The President exercises the power of control over all executive departments and agencies, including government-owned or controlled corporations.
[d] Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory.
[e] Dual citizenship is not the same as dual allegiance.
XII
William, a private American citizen, a university graduate and frequent visitor to the Philippines, was inside the U.S. embassy when he got into a heated argument with a private Filipino citizen. Then, in front of many shocked witnesses, he killed the person he was arguing with. The police came, and brought him to the nearest police station. Upon reaching the station, the police investigator, in halting English, informed William of his Miranda rights, and assigned him an independent local counsel. William refused the services of the lawyer, and insisted that he be assisted by a Filipino lawyer currently based in the U.S. The request was denied, and the counsel assigned by the police stayed for the duration of the investigation.
William protested his arrest.
[a] He argued that since the incident took place inside the U.S. embassy, Philippine courts have no jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus, technically, no crime under Philippine law was committed. Is William correct? Explain your answer. (3%)
[b] He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice; that being an American, he should have been informed of his rights in proper English; and that he should have been informed of his rights as soon as he was taken into custody, not when he was already at the police station. Was William denied his Miranda rights? Why or why not? (3%)
[c] If William applies for bail, claiming that he is entitled thereto under the “international standard of justice” and that he comes from a U.S. State that has outlawed capital punishment, should William be granted bail as a matter of right? Reasons. (3%)
XIII
A terrorist group called the Emerald Brigade is based in the State of Asyaland. The government of Asyaland does not support the terrorist group, but being a poor country, is powerless to stop it.
The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is necessary to defend itself.
Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and it appearing that Asyaland was incapable of preventing the assault, the Philippines sent a crack commando team to Asyaland. The team stayed only for a few hours in Asyaland, succeeded in killing the leaders and most of the members of the Emerald Brigade, then immediately returned to the Philippines.
[a] Was the Philippine action justified under the international law principle of “self-defense”? Explain your answer. (3%)
[b] As a consequence of the foregoing incident, Asyaland charges the Philippines with violation of Article 2.4 of the United Nations Charter that prohibits “the threat or use of force against the territorial integrity or political independence of any State.” The Philippines counters that its commando team neither took any territory nor interfered in the political processes of Asyaland. Which contention is correct? Reasons. (3%)
[c] Assume that the commando team captured a member of the Emerald Brigade and brought him back to the Philippines. The Philippine Government insists that a special international tribunal should try the terrorist. On the other hand, the terrorist argues that terrorism is not an international crime and, therefore, the municipal laws of the Philippines, which recognize access of the accused to constitutional rights, should apply. Decide with reasons. (3%)
XIV
The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries’ armed forces. A loose organization of Filipinos, the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations, as well as copies of the minutes of the meetings. The DFA and the DND refused, contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. KMM filed suit to compel disclosure of the negotiation details, and be granted access to the records of the meetings, invoking the constitutional right of the people to information on matters of public concern.
[a] Decide with reasons. (3%)
[b] Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%)
XV
The KKK Television Network (KKK-TV) aired the documentary, “Case Law: How the Supreme Court Decides,” without obtaining the necessary permit required by P.D. 1986. Consequently, the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK-TV programs. MTRCB declared that under P.D. 1986, it has the power of prior review over all television programs, except “newsreels” and programs “by the Government”, and the subject documentary does not fall under either of these two classes. The suspension order was ostensibly based on Memorandum Circular No. 98-17 which grants MTRCB the authority to issue such an order.
KKK-TV filed a certiorari petition in court, raising the following issues:
[a] The act of MTRCB constitutes “prior restraint” and violates the constitutionally guaranteed freedom of expression; (3%) and
[b] While Memorandum Circular No. 98-17 was issued and published in a newspaper of general circulation, a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center. (2%)
Resolve the foregoing issues, with reasons.
XVI
[a] Angelina, a married woman, is a Division Chief in the Department of Science and Technology. She had been living with a married man, not her husband, for the last fifteen (15) years. Administratively charged with immorality and conduct prejudicial to the best interest of the service, she admits her live-in arrangement, but maintains that this conjugal understanding is in conformity with their religious beliefs. As members of the religious sect, Yahweh’s Observers, they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. At the formal investigation of the administrative case, the Grand Elder of the sect affirmed Angelina’s testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. If you were to judge this case, will you exonerate Angelina? Reasons. (3%)
[b] Meanwhile, Jenny, also a member of Yahweh’s Observers, was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Jenny filed suit in court, seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion, but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. Will Jenny’s case prosper? Explain your answer. (2%)
XVII
Filipinas Computer Corporation (FCC), a local manufacturer of computers and computer parts, owns a sprawling plant in a 5,000-square meter lot in Pasig City. To remedy the city’s acute housing shortage, compounded by a burgeoning population, the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. But FCC refused to sell the lot. Hard pressed to find a suitable property to house its homeless residents, the City filed a complaint for eminent domain against FCC.
[a] If FCC hires you as lawyer, what defense or defenses would you set up in order to resist the expropriation of the property? Explain. (5%)
[b] If the Court grants the City’s prayer for expropriation, but the City delays payment of the amount determined by the court as just compensation, can FCC recover the property from Pasig City? Explain. (2%)
[c] Suppose the expropriation succeeds, but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot, can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%)
XVIII
What are the essential elements of a valid petition for a people’s initiative to amend the 1987 Constitution? Discuss. (2%)
I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
[a] A law making “Bayan Ko” the new national anthem of the Philippines, in lieu of “Lupang Hinirang,” is constitutional.
[b] Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state.
[c] A law that makes military service for women merely voluntary is constitutional.
[d] A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40% in any subject, is constitutional.
[e] An educational institution 100% foreign-owned may be validly established in the Philippines.
II
Despite lingering questions about his Filipino citizenship and his one-year residence in the district, Gabriel filed his certificate of candidacy for congressman before the deadline set by law. His opponent, Vito, hires you as lawyer to contest Gabriel’s candidacy.
[a] Before election day, what action or actions will you institute against Gabriel, and before which court, commission or tribunal will you file such action/s? Reasons. (2%)
[b] If, during the pendency of such action/s but before election day, Gabriel withdraws his certificate of candidacy, can he be substituted as candidate? If so, by whom and why? If not, why not? (2%)
[c] If the action/s instituted should be dismissed with finality before the election, and Gabriel assumes office after being proclaimed the winner in the election, can the issue of his candidacy and/or citizenship and residence still be questioned? If so, what action or actions may be filed and where? If not, why not? (2%)
III
The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park, and appropriating the funds needed therefor. Upon review, the |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which, though smaller in size, is still suitable for the purpose, and to pursue expropriation would be needless expenditure of the people’s money. Is the disapproval of the ordinance correct? Explain your answer. (2%)
IV
The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the municipal hall. The municipality files a motion to dismiss the complaint, invoking state immunity from suit. Resolve the motion with reasons. (3%)
V
To address the pervasive problem of gambling, Congress is considering the following options: (1) prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only in government-owned casinos; and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings.
[a] If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling, can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer. (2%)
[b] If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling, would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer. (2%)
VI
In a criminal prosecution for murder, the prosecution presented, as witness, an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping law. Resolve the objection with reasons. (3%)
VII
Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. The team saw a man with reddish and glassy eyes walking unsteadily towards them, but he immediately veered away upon seeing the policemen. The team approached the man, introduced themselves as peace officers, then asked what he had in his clenched fist. Because the man refused to answer, a policeman pried the fist open and saw a plastic sachet filled with crystalline substance. The team then took the man into custody and submitted the contents of the sachet to forensic examination. The crystalline substance in the sachet turned out to be shabu. The man was accordingly charged in court.
During the trial, the accused:
[a] challenged the validity of his arrest; (2%) and
[b] objected to the admission in evidence of the prohibited drug, claiming that it was obtained in an illegal search and seizure. (2%)
Decide with reasons.
VIII
Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities, in violation of R.A. 8799. He then filed, and the House of Representatives unanimously approved, a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter, in aid of legislation, in order to prevent the recurrence of any similar fraudulent activity.
The HCGG immediately scheduled a hearing and invited the responsible officials of IUB, the Chairman and Commissioners of the Securities and Exchange Commission (SEC), and the Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for the hearing, only the SEC Commissioners appeared, prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandum to compel the attendance of the invited resource persons.
The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena, raising the following arguments:
[a] The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor’s office; thus, the legislative inquiry would preempt judicial action; (3%) and
[b] Compelling the IUB officials, who are also respondents in the criminal and civil cases in court, to testify at the inquiry would violate their constitutional right against self-incrimination. (3%)
Are the foregoing arguments tenable? Reasons.
[c] May the Governor of the BSP validly invoke executive privilege and, thus, refuse to attend the legislative inquiry? Why or why not? (3%)
IX
Warlito, a natural-born Filipino, took up permanent residence in the United States, and eventually acquired American citizenship. He then married Shirley, an American, and sired three children. In August 2009, Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17.
While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225.
[a] Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. (3%)
[b] With Warlito having regained Philippine citizenship, will Shirley also become a Filipino citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain. (3%)
[c] Do the children — Johnny, Warlito Jr., and Luisa — become Filipino citizens with their father’s reacquisition of Philippine citizenship? Explain your answer. (3%)
X
Maximino, an employee of the Department of Education, is administratively charged with dishonesty and gross misconduct. During the formal investigation of the charges, the Secretary of Education preventively suspended him for a period of sixty (60) days. On the 60th day of the preventive suspension, the Secretary rendered a verdict, finding Maximino guilty, and ordered his immediate dismissal from the service.
Maximino appealed to the Civil Service Commission (CSC), which affirmed the Secretary’s decision. Maximino then elevated the matter to the Court of Appeals (CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary of Education then petitions the Supreme Court (SC) for the review of the CA decision.
[a] Is the Secretary of Education a proper party to seek the review of the CA decision exonerating Maximino? Reasons. (2%)
[b] If the SC affirms the CA decision, is Maximino entitled to recover back salaries corresponding to the entire period he was out of the service? Explain your answer. (3%)
*** END OF PART I ***
PART II
XI
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
[a] Aliens are absolutely prohibited from owning private lands in the Philippines.
[b] A de facto public officer is, by right, entitled to receive the salaries and emoluments attached to the public office he holds.
[c] The President exercises the power of control over all executive departments and agencies, including government-owned or controlled corporations.
[d] Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory.
[e] Dual citizenship is not the same as dual allegiance.
XII
William, a private American citizen, a university graduate and frequent visitor to the Philippines, was inside the U.S. embassy when he got into a heated argument with a private Filipino citizen. Then, in front of many shocked witnesses, he killed the person he was arguing with. The police came, and brought him to the nearest police station. Upon reaching the station, the police investigator, in halting English, informed William of his Miranda rights, and assigned him an independent local counsel. William refused the services of the lawyer, and insisted that he be assisted by a Filipino lawyer currently based in the U.S. The request was denied, and the counsel assigned by the police stayed for the duration of the investigation.
William protested his arrest.
[a] He argued that since the incident took place inside the U.S. embassy, Philippine courts have no jurisdiction because the U.S. embassy grounds are not part of Philippine territory; thus, technically, no crime under Philippine law was committed. Is William correct? Explain your answer. (3%)
[b] He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice; that being an American, he should have been informed of his rights in proper English; and that he should have been informed of his rights as soon as he was taken into custody, not when he was already at the police station. Was William denied his Miranda rights? Why or why not? (3%)
[c] If William applies for bail, claiming that he is entitled thereto under the “international standard of justice” and that he comes from a U.S. State that has outlawed capital punishment, should William be granted bail as a matter of right? Reasons. (3%)
XIII
A terrorist group called the Emerald Brigade is based in the State of Asyaland. The government of Asyaland does not support the terrorist group, but being a poor country, is powerless to stop it.
The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is necessary to defend itself.
Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and it appearing that Asyaland was incapable of preventing the assault, the Philippines sent a crack commando team to Asyaland. The team stayed only for a few hours in Asyaland, succeeded in killing the leaders and most of the members of the Emerald Brigade, then immediately returned to the Philippines.
[a] Was the Philippine action justified under the international law principle of “self-defense”? Explain your answer. (3%)
[b] As a consequence of the foregoing incident, Asyaland charges the Philippines with violation of Article 2.4 of the United Nations Charter that prohibits “the threat or use of force against the territorial integrity or political independence of any State.” The Philippines counters that its commando team neither took any territory nor interfered in the political processes of Asyaland. Which contention is correct? Reasons. (3%)
[c] Assume that the commando team captured a member of the Emerald Brigade and brought him back to the Philippines. The Philippine Government insists that a special international tribunal should try the terrorist. On the other hand, the terrorist argues that terrorism is not an international crime and, therefore, the municipal laws of the Philippines, which recognize access of the accused to constitutional rights, should apply. Decide with reasons. (3%)
XIV
The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries’ armed forces. A loose organization of Filipinos, the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations, as well as copies of the minutes of the meetings. The DFA and the DND refused, contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. KMM filed suit to compel disclosure of the negotiation details, and be granted access to the records of the meetings, invoking the constitutional right of the people to information on matters of public concern.
[a] Decide with reasons. (3%)
[b] Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%)
XV
The KKK Television Network (KKK-TV) aired the documentary, “Case Law: How the Supreme Court Decides,” without obtaining the necessary permit required by P.D. 1986. Consequently, the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK-TV programs. MTRCB declared that under P.D. 1986, it has the power of prior review over all television programs, except “newsreels” and programs “by the Government”, and the subject documentary does not fall under either of these two classes. The suspension order was ostensibly based on Memorandum Circular No. 98-17 which grants MTRCB the authority to issue such an order.
KKK-TV filed a certiorari petition in court, raising the following issues:
[a] The act of MTRCB constitutes “prior restraint” and violates the constitutionally guaranteed freedom of expression; (3%) and
[b] While Memorandum Circular No. 98-17 was issued and published in a newspaper of general circulation, a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center. (2%)
Resolve the foregoing issues, with reasons.
XVI
[a] Angelina, a married woman, is a Division Chief in the Department of Science and Technology. She had been living with a married man, not her husband, for the last fifteen (15) years. Administratively charged with immorality and conduct prejudicial to the best interest of the service, she admits her live-in arrangement, but maintains that this conjugal understanding is in conformity with their religious beliefs. As members of the religious sect, Yahweh’s Observers, they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. At the formal investigation of the administrative case, the Grand Elder of the sect affirmed Angelina’s testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. If you were to judge this case, will you exonerate Angelina? Reasons. (3%)
[b] Meanwhile, Jenny, also a member of Yahweh’s Observers, was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Jenny filed suit in court, seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion, but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. Will Jenny’s case prosper? Explain your answer. (2%)
XVII
Filipinas Computer Corporation (FCC), a local manufacturer of computers and computer parts, owns a sprawling plant in a 5,000-square meter lot in Pasig City. To remedy the city’s acute housing shortage, compounded by a burgeoning population, the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. But FCC refused to sell the lot. Hard pressed to find a suitable property to house its homeless residents, the City filed a complaint for eminent domain against FCC.
[a] If FCC hires you as lawyer, what defense or defenses would you set up in order to resist the expropriation of the property? Explain. (5%)
[b] If the Court grants the City’s prayer for expropriation, but the City delays payment of the amount determined by the court as just compensation, can FCC recover the property from Pasig City? Explain. (2%)
[c] Suppose the expropriation succeeds, but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot, can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%)
XVIII
What are the essential elements of a valid petition for a people’s initiative to amend the 1987 Constitution? Discuss. (2%)
Bar Exams 2009: Labor and Social Legislation
PART I
I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
[a] An employment contract prohibiting employment in a competing company within one year from separation is valid.
[b] All confidential employees are disqualified to unionize for the purpose of collective bargaining.
[c] A runaway shop is an act constituting unfair labor practice.
[d] In the law on labor relations, the substitutionary doctrine prohibits a new collective bargaining agent from repudiating an existing collective bargaining agreement.
[e] The visitorial and enforcement powers of the DOLE Regional Director to order and enforce compliance with labor standard laws can be exercised even when the individual claim exceeds P5,000.00.
II
[a] Enumerate at least four (4) policies enshrined in Section 3, Article XIII of the Constitution that are not covered by Article 3 of the Labor Code on declaration of basic policy. (2%)
[b] Clarito, an employee of Juan, was dismissed for allegedly stealing Juan’s wristwatch. In the illegal dismissal case instituted by Clarito, the Labor Arbiter, citing Article 4 of the Labor Code, ruled in favor of Clarito upon finding Juan’s testimony doubtful. On appeal, the NLRC reversed the Labor Arbiter holding that Article 4 applies only when the doubt involves “implementation and interpretation” of the Labor Code provisions. The NLRC explained that the doubt may not necessarily be resolved in favor of labor since this case involves the application of the Rules onEvidence, not the Labor Code. Is the NLRC correct? Reasons. (3%)
III
Richie, a driver-mechanic, was recruited by Supreme Recruiters (SR) and its principal, Mideast Recruitment Agency (MRA), to work in Qatar for a period of two (2) years. However, soon after the contract was approved by POEA, MRA advised SR to forego Richie’s deployment because it had already hired another Filipino driver-mechanic, who had just completed his contract in Qatar. Aggrieved, Richie filed with the NLRC a complaint against SR and MRA for damages corresponding to his two years’ salary under the POEA-approved contract.
SR and MRA traversed Richie’s complaint, raising the following arguments:
[a] The Labor Arbiter has no jurisdiction over the case; (2%)
[b] Because Richie was not able to leave for Qatar, no employer-employee relationship was established between them; (2%) and
[c] Even assuming that they are liable, their liability would, at most, be equivalent to Richie’s salary for only six (6) months, not two years. (3%).
Rule on the validity of the foregoing arguments with reasons.
IV
Diosdado, a carpenter, was hired by Building Industries Corporation (BIC), and assigned to build a small house in Alabang. His contract of employment specifically referred to him as a “project employee,” although it did not provide any particular date of completion of the project.
Is the completion of the house a valid cause for the termination of Diosdado’s employment? If so, what are the due process requirements that the BIC must satisfy? If not, why not? (3%)
V
[a] Baldo was dismissed from employment for having beenabsent without leave (AWOL) for eight (8) months. It turned outthat the reason for his absence was his incarceration after he was mistaken as his neighbor’s killer. Eventually acquitted and released from jail, Baldo returned to his employer and demanded reinstatement and full backwages. Is Baldo entitled to reinstatement and backwages? Explain your answer. (3%)
[b] Domingo, a bus conductor of San Juan Transportation Company, intentionally did not issue a ticket to a female passenger, Kim, his long-time crush. As a result, Domingo was dismissed from employment for fraud or willful breach of trust. Domingo contests his dismissal, claiming that he is not a confidential employee and, therefore, cannot be dismissed from the service for breach of trust. Is Domingo correct? Reasons. (2%)
VI
Albert, a 40-year old employer, asked his domestic helper, Inday, to give him a private massage. When Inday refused, Albert showed her Article 141 of the Labor Code, which says that one of the duties of a domestic helper is to minister to the employer’s personal comfort and convenience.
[a] Is Inday’s refusal tenable? Explain. (3%)
[b] Distinguish briefly, but clearly, a “househelper” from a “homeworker.” (2%)
VII
Johnny is the duly elected President and principal union organizer of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR), a legitimate labor organization. He was unceremoniously dismissed by management for spending virtually 95% of his working hours in union activities. On the same day Johnny received the notice of termination, the labor union went on strike.
Management filed an action to declare the strike illegal, contending that:
[a] The union did not observe the “cooling-off period” mandated by the Labor Code; (2%) and
[b] The union went on strike without complying with the strike-vote requirement under the Labor Code. (2%)
Rule on the foregoing contentions with reasons.
[c] The Labor Arbiter found management guilty of unfair labor practice for the unlawful dismissal of Johnny. The decision became final. Thereafter, the NMMR filed a criminal case against the Manager of Manila Restaurant. Would the Labor Arbiter’s finding be sufficient to secure the Manager’s conviction? Why or why not? (2%)
VIII
Alexander, a security guard of Jaguar Security Agency (JSA), could not be given any assignment because no client would accept him. He had a face only a mother could love. After six (6) months of being on “floating” status, Alexander sued JSA for constructive dismissal. The Labor Arbiter upheld Alexander’s claim of constructive dismissal and ordered JSA to immediately reinstate Alexander. JSA appealed the decision to the NLRC. Alexander sought immediate enforcement of the reinstatement order while the appeal was pending.
JSA hires you as lawyer, and seeks your advice on the following:
[a] Because JSA has no client who would accept Alexander, can it still be compelled to reinstate him pending appeal even if it has posted an appeal bond? (2%)
[b] Can the order of reinstatement be immediately enforced in the absence of a motion for the issuance of a writ of execution? (2%)
[c] If the order of reinstatement is being enforced, what should JSA do in order to prevent reinstatement? (2%)
Explain your answers.
IX
[a] What is wage distortion? Can a labor union invoke wage distortion as a valid ground to go on strike? Explain. (2%)
[b] What procedural remedies are open to workers who seek correction of wage distortion? (2%)
X
[a] State briefly the compulsory coverage of the Government Service Insurance Act. (2%)
[b] Can a member of a cooperative be deemed an employee for purposes of compulsory coverage under the Social Security Act? Explain. (2%)
*** END OF PART I ***
PART II
XI
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
[a] Seafarers who have worked for twenty (20) years on board the same vessel are regular employees.
[b] Employment of children below fifteen (15) years of age in any public or private establishment is absolutely prohibited.
[c] Government employees have the right to organize and join concerted mass actions without incurring administrative liability.
[d] A waiver of the right to claim overtime pay is contrary to law.
[e] Agency fees cannot be collected from a non-union member in the absence of a written authorization signed by the worker concerned.
XII
In her State of the Nation Address, the President stressed the need to provide an investor-friendly business environment so that the country can compete in the global economy that now suffers from a crisis bordering on recession. Responding to the call, Congress passed two innovative legislative measures, namely: (1) a law abolishing the security of tenure clause in the Labor Code; and (2) a law allowing contractualization in all areas needed in the employer’s business operations. However, to soften the impact of these new measures, the law requires that all employers shall obtain mandatory unemployment insurance coverage for all their employees.
The constitutionality of the two (2) laws is challenged in court. As judge, how will you rule? (5%)
XIII
Atty. Renan, a CPA-lawyer and Managing Partner of an accounting firm, conducted the orientation seminar for newly-hired employees of the firm, among them, Miss Maganda. After the seminar, Renan requested Maganda to stay, purportedly to discuss
some work assignment. Left alone in the training room, Renan asked Maganda to go out with him for dinner and ballroom dancing. Thereafter, he persuaded her to accompany him to the mountain highway in Antipolo for sight-seeing. During all these, Renan told Maganda that most, if not all, of the lady supervisors in the firm are where they are now, in very productive and lucrative posts, because of his favorable endorsement.
[a] Did Renan commit acts of sexual harassment in a work- related or employment environment? Reasons. (3%)
[b] The lady supervisors in the firm, slighted by Renan’s revelations about them, succeeded in having him expelled from the firm. Renan then filed with the Arbitration Branch of the NLRC an illegal dismissal case with claims for damages against the firm. Will the case prosper? Reasons. (2%)
XIV
Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain in the country. It engaged Matiyaga Manpower Services, Inc. (MMSI), a job contractor registered with the Department of Labor and Employment, to provide its restaurants the necessary personnel, consisting of cashiers, motorcycle delivery boys and food servers, in its operations. The Service Agreement warrants, among others, that MMSI has a paid- up capital of P2,000,000.00; that it would train and determine the qualification and fitness of all personnel to be assigned to Jolli- Mac; that it would provide these personnel with proper Jolli-Mac uniforms; and that it is exclusively responsible to these personnel for their respective salaries and all other mandatory statutory benefits.
After the contract was signed, it was revealed, based on research conducted, that MMSI had no other clients except Jolli- Mac, and one of its major owners was a member of the Board of Directors of Jolli-Mac.
[a] Is the Service Agreement between Jolli-Mac and MMSI legal and valid? Why or why not? (3%)
[b] If the cashiers, delivery boys and food servers are not paid their lawful salaries, including overtime pay, holiday pay, 13th
month pay, and service incentive leave pay, against whom may these workers file their claims? Explain. (2%)
XV
Among the 400 regular rank-and-file workers of MNO Company, a certification election was ordered conducted by the Med-Arbiter of the Region. The contending parties obtained the following votes:
1. Union A – 70
2. Union B – 71
3. Union C – 42
4. Union D – 33
5. No union – 180
6. Spoiled votes – 4
There were no objections or challenges raised by any party on the results of the election.
[a] Can Union B be certified as the sole and exclusive collective bargaining agent among the rank-and-file workers of MNO Company considering that it garnered the highest number of votes among the contending unions? Why or why not? (3%)
[b] May the management or lawyer of MNO Company legally ask for the absolute termination of the certification election proceedings because 180 of the workers — a clear plurality of the voters — have chosen not to be represented by any union? Reasons. (3%)
[c] If you were the duly designated election officer in this case, what would you do to effectively achieve the purpose of certification election proceedings? Discuss. (3%)
XVI
The Company and Triple-X Union, the certified bargaining agent of rank-and-file employees, entered into a Collective Bargaining Agreement (CBA) effective for the period January 1, 2002 to December 31, 2007.
For the 4th and 5th years of the CBA, the significant
improvements in wages and other benefits obtained by the Union were:
1) Salary increases of P1,000 and P1,200 monthly, effective January 1, 2006 and January 1, 2007, respectively;
2) Vacation Leave and Sick Leave were adjusted from 12 days to 15 days annually for each employee;
3) Medical subsidy of P3,000 per year for the purchase of medicines and hospitalization assistance of P10,000 per year for actual hospital confinement;
4) Rice Subsidy of P600 per month, provided the employee has worked for at least 20 days within the particular month; and
5) Birthday Leave with Pay and Birthday Gift of P1,500.
As early as October 2007, the Company and the Union started negotiations to renew the CBA. Despite mutual good faith and earnest efforts, they could not agree. However, no union filed a petition for certification election during the freedom period. On March 30, 2008, no CBA had been concluded. Management learned that the Union would declare a bargaining deadlock on the next scheduled bargaining meeting.
As expected, on April 3, 2008, the Union declared a deadlock. In the afternoon of the same day, management issued a formal announcement in writing, posted on the bulletin board, that due to the CBA expiration on December 31, 2007, all fringe benefits contained therein are considered withdrawn and can no longer be implemented, effective immediately.
[a] When was the “freedom period” referred to in the foregoing narration of facts? Explain. (2%)
[b] After April 3, 2008, will a petition for certification election filed by another legitimate labor union representing the rank-and-file employees legally prosper? Reasons. (3%)
[c] Is management’s withdrawal of the fringe benefits valid?
Reasons. (2%)
[d] If you were the lawyer for the union, what legal recourse
or action would you advise? Reasons. (3%)
XVII
Alfredo was dismissed by management for serious misconduct. He filed suit for illegal dismissal, alleging that although there may be just cause, he was not afforded due process by management prior to his termination. He demands reinstatement with full backwages.
[a] What are the twin requirements of due process which the employer must observe in terminating or dismissing an employee? Explain. (3%)
[b] Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%)
XVIII
[a] Cite four (4) instances when an illegally dismissed employee may be awarded separation pay in lieu of reinstatement. (3%)
[b] Explain the impact of the union security clause to the employees’ right to security of tenure. (2%)
-NOTHING FOLLOWS-
I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
[a] An employment contract prohibiting employment in a competing company within one year from separation is valid.
[b] All confidential employees are disqualified to unionize for the purpose of collective bargaining.
[c] A runaway shop is an act constituting unfair labor practice.
[d] In the law on labor relations, the substitutionary doctrine prohibits a new collective bargaining agent from repudiating an existing collective bargaining agreement.
[e] The visitorial and enforcement powers of the DOLE Regional Director to order and enforce compliance with labor standard laws can be exercised even when the individual claim exceeds P5,000.00.
II
[a] Enumerate at least four (4) policies enshrined in Section 3, Article XIII of the Constitution that are not covered by Article 3 of the Labor Code on declaration of basic policy. (2%)
[b] Clarito, an employee of Juan, was dismissed for allegedly stealing Juan’s wristwatch. In the illegal dismissal case instituted by Clarito, the Labor Arbiter, citing Article 4 of the Labor Code, ruled in favor of Clarito upon finding Juan’s testimony doubtful. On appeal, the NLRC reversed the Labor Arbiter holding that Article 4 applies only when the doubt involves “implementation and interpretation” of the Labor Code provisions. The NLRC explained that the doubt may not necessarily be resolved in favor of labor since this case involves the application of the Rules onEvidence, not the Labor Code. Is the NLRC correct? Reasons. (3%)
III
Richie, a driver-mechanic, was recruited by Supreme Recruiters (SR) and its principal, Mideast Recruitment Agency (MRA), to work in Qatar for a period of two (2) years. However, soon after the contract was approved by POEA, MRA advised SR to forego Richie’s deployment because it had already hired another Filipino driver-mechanic, who had just completed his contract in Qatar. Aggrieved, Richie filed with the NLRC a complaint against SR and MRA for damages corresponding to his two years’ salary under the POEA-approved contract.
SR and MRA traversed Richie’s complaint, raising the following arguments:
[a] The Labor Arbiter has no jurisdiction over the case; (2%)
[b] Because Richie was not able to leave for Qatar, no employer-employee relationship was established between them; (2%) and
[c] Even assuming that they are liable, their liability would, at most, be equivalent to Richie’s salary for only six (6) months, not two years. (3%).
Rule on the validity of the foregoing arguments with reasons.
IV
Diosdado, a carpenter, was hired by Building Industries Corporation (BIC), and assigned to build a small house in Alabang. His contract of employment specifically referred to him as a “project employee,” although it did not provide any particular date of completion of the project.
Is the completion of the house a valid cause for the termination of Diosdado’s employment? If so, what are the due process requirements that the BIC must satisfy? If not, why not? (3%)
V
[a] Baldo was dismissed from employment for having beenabsent without leave (AWOL) for eight (8) months. It turned outthat the reason for his absence was his incarceration after he was mistaken as his neighbor’s killer. Eventually acquitted and released from jail, Baldo returned to his employer and demanded reinstatement and full backwages. Is Baldo entitled to reinstatement and backwages? Explain your answer. (3%)
[b] Domingo, a bus conductor of San Juan Transportation Company, intentionally did not issue a ticket to a female passenger, Kim, his long-time crush. As a result, Domingo was dismissed from employment for fraud or willful breach of trust. Domingo contests his dismissal, claiming that he is not a confidential employee and, therefore, cannot be dismissed from the service for breach of trust. Is Domingo correct? Reasons. (2%)
VI
Albert, a 40-year old employer, asked his domestic helper, Inday, to give him a private massage. When Inday refused, Albert showed her Article 141 of the Labor Code, which says that one of the duties of a domestic helper is to minister to the employer’s personal comfort and convenience.
[a] Is Inday’s refusal tenable? Explain. (3%)
[b] Distinguish briefly, but clearly, a “househelper” from a “homeworker.” (2%)
VII
Johnny is the duly elected President and principal union organizer of the Nagkakaisang Manggagawa ng Manila Restaurant (NMMR), a legitimate labor organization. He was unceremoniously dismissed by management for spending virtually 95% of his working hours in union activities. On the same day Johnny received the notice of termination, the labor union went on strike.
Management filed an action to declare the strike illegal, contending that:
[a] The union did not observe the “cooling-off period” mandated by the Labor Code; (2%) and
[b] The union went on strike without complying with the strike-vote requirement under the Labor Code. (2%)
Rule on the foregoing contentions with reasons.
[c] The Labor Arbiter found management guilty of unfair labor practice for the unlawful dismissal of Johnny. The decision became final. Thereafter, the NMMR filed a criminal case against the Manager of Manila Restaurant. Would the Labor Arbiter’s finding be sufficient to secure the Manager’s conviction? Why or why not? (2%)
VIII
Alexander, a security guard of Jaguar Security Agency (JSA), could not be given any assignment because no client would accept him. He had a face only a mother could love. After six (6) months of being on “floating” status, Alexander sued JSA for constructive dismissal. The Labor Arbiter upheld Alexander’s claim of constructive dismissal and ordered JSA to immediately reinstate Alexander. JSA appealed the decision to the NLRC. Alexander sought immediate enforcement of the reinstatement order while the appeal was pending.
JSA hires you as lawyer, and seeks your advice on the following:
[a] Because JSA has no client who would accept Alexander, can it still be compelled to reinstate him pending appeal even if it has posted an appeal bond? (2%)
[b] Can the order of reinstatement be immediately enforced in the absence of a motion for the issuance of a writ of execution? (2%)
[c] If the order of reinstatement is being enforced, what should JSA do in order to prevent reinstatement? (2%)
Explain your answers.
IX
[a] What is wage distortion? Can a labor union invoke wage distortion as a valid ground to go on strike? Explain. (2%)
[b] What procedural remedies are open to workers who seek correction of wage distortion? (2%)
X
[a] State briefly the compulsory coverage of the Government Service Insurance Act. (2%)
[b] Can a member of a cooperative be deemed an employee for purposes of compulsory coverage under the Social Security Act? Explain. (2%)
*** END OF PART I ***
PART II
XI
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
[a] Seafarers who have worked for twenty (20) years on board the same vessel are regular employees.
[b] Employment of children below fifteen (15) years of age in any public or private establishment is absolutely prohibited.
[c] Government employees have the right to organize and join concerted mass actions without incurring administrative liability.
[d] A waiver of the right to claim overtime pay is contrary to law.
[e] Agency fees cannot be collected from a non-union member in the absence of a written authorization signed by the worker concerned.
XII
In her State of the Nation Address, the President stressed the need to provide an investor-friendly business environment so that the country can compete in the global economy that now suffers from a crisis bordering on recession. Responding to the call, Congress passed two innovative legislative measures, namely: (1) a law abolishing the security of tenure clause in the Labor Code; and (2) a law allowing contractualization in all areas needed in the employer’s business operations. However, to soften the impact of these new measures, the law requires that all employers shall obtain mandatory unemployment insurance coverage for all their employees.
The constitutionality of the two (2) laws is challenged in court. As judge, how will you rule? (5%)
XIII
Atty. Renan, a CPA-lawyer and Managing Partner of an accounting firm, conducted the orientation seminar for newly-hired employees of the firm, among them, Miss Maganda. After the seminar, Renan requested Maganda to stay, purportedly to discuss
some work assignment. Left alone in the training room, Renan asked Maganda to go out with him for dinner and ballroom dancing. Thereafter, he persuaded her to accompany him to the mountain highway in Antipolo for sight-seeing. During all these, Renan told Maganda that most, if not all, of the lady supervisors in the firm are where they are now, in very productive and lucrative posts, because of his favorable endorsement.
[a] Did Renan commit acts of sexual harassment in a work- related or employment environment? Reasons. (3%)
[b] The lady supervisors in the firm, slighted by Renan’s revelations about them, succeeded in having him expelled from the firm. Renan then filed with the Arbitration Branch of the NLRC an illegal dismissal case with claims for damages against the firm. Will the case prosper? Reasons. (2%)
XIV
Jolli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain in the country. It engaged Matiyaga Manpower Services, Inc. (MMSI), a job contractor registered with the Department of Labor and Employment, to provide its restaurants the necessary personnel, consisting of cashiers, motorcycle delivery boys and food servers, in its operations. The Service Agreement warrants, among others, that MMSI has a paid- up capital of P2,000,000.00; that it would train and determine the qualification and fitness of all personnel to be assigned to Jolli- Mac; that it would provide these personnel with proper Jolli-Mac uniforms; and that it is exclusively responsible to these personnel for their respective salaries and all other mandatory statutory benefits.
After the contract was signed, it was revealed, based on research conducted, that MMSI had no other clients except Jolli- Mac, and one of its major owners was a member of the Board of Directors of Jolli-Mac.
[a] Is the Service Agreement between Jolli-Mac and MMSI legal and valid? Why or why not? (3%)
[b] If the cashiers, delivery boys and food servers are not paid their lawful salaries, including overtime pay, holiday pay, 13th
month pay, and service incentive leave pay, against whom may these workers file their claims? Explain. (2%)
XV
Among the 400 regular rank-and-file workers of MNO Company, a certification election was ordered conducted by the Med-Arbiter of the Region. The contending parties obtained the following votes:
1. Union A – 70
2. Union B – 71
3. Union C – 42
4. Union D – 33
5. No union – 180
6. Spoiled votes – 4
There were no objections or challenges raised by any party on the results of the election.
[a] Can Union B be certified as the sole and exclusive collective bargaining agent among the rank-and-file workers of MNO Company considering that it garnered the highest number of votes among the contending unions? Why or why not? (3%)
[b] May the management or lawyer of MNO Company legally ask for the absolute termination of the certification election proceedings because 180 of the workers — a clear plurality of the voters — have chosen not to be represented by any union? Reasons. (3%)
[c] If you were the duly designated election officer in this case, what would you do to effectively achieve the purpose of certification election proceedings? Discuss. (3%)
XVI
The Company and Triple-X Union, the certified bargaining agent of rank-and-file employees, entered into a Collective Bargaining Agreement (CBA) effective for the period January 1, 2002 to December 31, 2007.
For the 4th and 5th years of the CBA, the significant
improvements in wages and other benefits obtained by the Union were:
1) Salary increases of P1,000 and P1,200 monthly, effective January 1, 2006 and January 1, 2007, respectively;
2) Vacation Leave and Sick Leave were adjusted from 12 days to 15 days annually for each employee;
3) Medical subsidy of P3,000 per year for the purchase of medicines and hospitalization assistance of P10,000 per year for actual hospital confinement;
4) Rice Subsidy of P600 per month, provided the employee has worked for at least 20 days within the particular month; and
5) Birthday Leave with Pay and Birthday Gift of P1,500.
As early as October 2007, the Company and the Union started negotiations to renew the CBA. Despite mutual good faith and earnest efforts, they could not agree. However, no union filed a petition for certification election during the freedom period. On March 30, 2008, no CBA had been concluded. Management learned that the Union would declare a bargaining deadlock on the next scheduled bargaining meeting.
As expected, on April 3, 2008, the Union declared a deadlock. In the afternoon of the same day, management issued a formal announcement in writing, posted on the bulletin board, that due to the CBA expiration on December 31, 2007, all fringe benefits contained therein are considered withdrawn and can no longer be implemented, effective immediately.
[a] When was the “freedom period” referred to in the foregoing narration of facts? Explain. (2%)
[b] After April 3, 2008, will a petition for certification election filed by another legitimate labor union representing the rank-and-file employees legally prosper? Reasons. (3%)
[c] Is management’s withdrawal of the fringe benefits valid?
Reasons. (2%)
[d] If you were the lawyer for the union, what legal recourse
or action would you advise? Reasons. (3%)
XVII
Alfredo was dismissed by management for serious misconduct. He filed suit for illegal dismissal, alleging that although there may be just cause, he was not afforded due process by management prior to his termination. He demands reinstatement with full backwages.
[a] What are the twin requirements of due process which the employer must observe in terminating or dismissing an employee? Explain. (3%)
[b] Is Alfredo entitled to reinstatement and full backwages? Why or why not? (3%)
XVIII
[a] Cite four (4) instances when an illegally dismissed employee may be awarded separation pay in lieu of reinstatement. (3%)
[b] Explain the impact of the union security clause to the employees’ right to security of tenure. (2%)
-NOTHING FOLLOWS-
Tuesday, September 1, 2009
Heroic, Statemanly
Brilliant. Heroic. Statemanly. A true leader.
Last night, Senator Mar Roxas unexpectedly issued his decision to abandon his political ambition of running for President in next year’s elections. He said before the press that he was extending all his support for Noynoy Aquino to be the standard-bearer of the Liberal Party (LP’s). His statement was surprising, considering his and LP’s massive campaign beginning 2007 to clinch the political leadership in the country.
Who would have thought Mar Roxas would do such heoric, statemanly act? Forgoing with an ardent ambition at least for the time being in all certain terms is not an easy decision to make, considering that millions of pesos had already been spent on informercials and the campaign network has been continually growing. Especially in these political times of greed for power, the path that Mar took is the road less traveled, albeit arguably the road all must lead. Unless of course one was born of the garcic type of politician, no gloric runner would simply concede to a darkhorse probable candidate. Seen from that gloric-garcic perspective, that would be a political suicide. Said in another way, no hungry wolf already served with a bounty would eventually turn around and retreat to the forest. Well, Mar Roxas is no wolf, and definitely no gloric nor garcic kind. Mar Roxas, by last night’s standards, is his father’s son. And am not only referring to his father, the late esteemed Senator Gerry Roxas. He is who every Manuel Roxas, Benigno Aquino, Jr., Claro M. Recto, Lorenzo Tañada, Jose Diokno, Raul Roco and Jovito Salonga should be proud of. The one that every Juan dela Cruz and Jocelynang Baliwag should emulate.
Although he was in my short shortlist of rightful next President of the Republic of the Philippines, Mar Roxas has never been my top favorite for the Chief Executive. I confess, my fixation has been to put a nationalist, competent, morally upright, no-nonsense lawyer to Malacañang, to lead this graft-laden, morally degenerating government. I thought Mar Roxas might be consistent in his pro-Filipino approach to economic progress but I was looking for that x-factor that my biased cerebrum poked only on law school trained executives. (Well, there had been and still are bad lawyers in Malacañang - just look behind the sitting "president" and you’d know who I mean.)
But last night dawned on us once again the kind of leader this country should have. Mar’s act is what I conceive to be part of the moral revolution that our country needs. I hasten to equate this Mar phenomenon as just an offshoot nor hangover of the Cory passing. If it is, doing such heroic act is a tall imperative order to follow the lead of Cory and continue her legacy. I’d like to think that if one Mar Roxas is capable of making sacrifice for loftier reasons, then everyone can as well. And they, we, all should. It is high time that selfless service to country, to the people and to God take primordial priority over personal ambition.
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