Proper way of

answering bar
exam questions
 FOUR PARAGRAPH RULE
(ALAC Method)
 A-answer
 L-Legal basis
 A-Application/Analysis
 C-Conclusion
ANSWER
 Your answer to the question.
 Example: YES / NO.
LEGAL BASIS
 Applyingthe relevant laws, statutes, or
regulations that apply.
 Example:

Under the Revised Penal Code as

amended……
Prevailing jurisprudence provides…….
Jurisprudence by way of exception
provides…..
As case law holds……..
APPLICATION/ANALYSIS

 Analyzing how the laws relate to the facts

CONCLUSION

 Summing up the analysis and stating

what the legal outcome should be based
on the law and facts.
BAR QUESTION 2023
POLITICAL AND PUBLIC INTERNATIONAL LAW
 Hector, a government employee, asked Ignacio to take the Police
Officer I Examination in his behalf. Upon investigation, the Civil
Service Commission (CSC) observed that the picture of Hector and
signature in the application form and seat plan were not identical with
those found in his Personal Data Sheet. Thus, the CSC concluded that
Hector conspired with Ignacio by allowing the latter to impersonate
him and found him guilty of dishonesty, meting out the penalty of
dismissal. Hector appealed his dismissal to the Court of Appeals. He
argued that the CSC has been divested of its authority and
jurisdiction to conduct investigations and render administrative
decisions based on alleged anomalies in police entrance and
promotional examinations after the effectivity of Republic Act No.
8551 or the Philippine National Police Reform and Reorganization Act.
The law transferred the power to administer and conduct entrance
and promotional examinations to police officers from the CSC to the
National Police Commission based on the standards set by the latter.
Is Hector correct? Explain.
No, Hector is not correct.

Under the 1987 Constitution, the Civil Service Commission (CSC) shall have
the power to investigate and prosecute all government employees for neglect
of duty, incompetence, inefficiency, dishonesty, and other cases involving
violations of Civil Service laws and rules.

Here, while Republic Act 8551 or the Philippine National Police Reform and
Reorganization Act did transfer the power to administer and conduct
entrance and promotional examinations to police officers from the CSC to the
National Police Commission, it did not divest the CSC of its jurisdiction to
investigate and prosecute government employees for dishonesty and other
offenses. The CSC by virtue of its power to investigate and prosecute
government employees found Hector who is a government employee guilty in
conspiring with Ignacio for asking the latter to take the Police Officer I
Examination in his behalf.

Thus, the argument of Hector is not correct.

BAR QUESTION 2023
POLITICAL AND PUBLIC INTERNATIONAL LAW
 Filed before the House of Representatives were Articles of
Impeachment against Chief Justice Urduja for corruption,
betrayal of public trust, and culpable violation of the
Constitution. After a heavily publicized trial, the Senate, sitting
as Impeachment Court, rendered a judgment removing Urduja
from her position, with the additional penalty of
disqualification to hold any other public office. However,
during the pendency of the criminal, administrative, and civil
cases subsequently filed against her, Urduja died due to health
complications. The heirs of Urduja filed a petition before the
Supreme Court for the release of her accrued retirement
benefits and other gratuities as a member of the Judiciary.
Senate President Francisco opined that the petition of the heirs
of Urduja should be denied in view of her removal by
impeachment. Is Francisco correct? Decide with reasons.
No, Francisco is not correct.

Prevailing jurisprudence provides that an impeached public

officer whose civil, criminal, or administrative liability was not
judicially established may be considered involuntary retired from
service.

In the present case, the heirs of Chief Justice Urduja are entitled
to her accrued retirement benefits and other gratuities as a
member of the Judiciary since she was only considered as
involuntary retired from service considering that her civil,
criminal, or administrative liability was not judicially established.

Hence, the opinion of Francisco is not correct.

BAR QUESTION 2023
POLITICAL AND PUBLIC INTERNATIONAL LAW

Gerardo, a public official, filed a certificate of

candidacy for the position of Representative of the
lone legislative district of his province. Despite such
filing, Gerardo continued to occupy his public office
since, according to his lawyer, he can only be
considered resigned from public office upon the
commencement of the campaign period for local
officials. What is the effect of the filing of certificate
of candidacy by Gerardo? Explain.
The effect of the filing of certificate of candidacy of Gerardo is
that he is considered as resigned from public office upon the
filing of his certificate of candidacy, even the campaign period for
local officials has not yet commenced.

The Supreme Court has held that appointive officials are deemed
resigned while elective officials can continue with their functions
upon the filing of the certificate of candidacy.

Here, Gerardo is a public official when he filed his certificate of

candidacy for the position of Representative of the lone
legislative district of his province.
BAR QUESTION 2023
COMMERCIAL AND TAXATION LAWS
Juan, acting as president of Maharlika Car Dealers Incorporated (MCDI),
entered into a contract of long-term lease with Antonino over a large
commercial property along Pasong Tamo Avenue owned by the latter.
When Antonino received a better offer for the commercial property, and
having learned that MCDI was not formally incorporated with the
Securities and Exchange Commission, he sought to have the contract of
lease nullified on the ground that it was void for lack of the essential
element of consent, since the lessee was not a juridical person with
capacity to contract. May Juan, acting on behalf of MCDI, which is in the
process of incorporation, legally insist on the enforceability and binding
effect of the contract of lease as against Antonino? Explain your answer.
No, Juan, acting on behalf of Maharlika Car Dealers Incorporated (MCDI)
cannot legally insist on the enforceability and binding effect of the
contract of lease as against Antonino.

Under the Revised Corporation Code, a corporation must be formally

incorporated with the Securities and Exchange Commission (SEC) before
it can legally enter into a contract as a juridical person. Contracts
entered into by non-existent or unincorporated entity are generally void
for lack of capacity.

In the case at bar, MCDI was not formally incorporated with the SEC
when the Contract of Lease was signed. This means that it lacks the
legal capacity to enter into a contract at that time.

Therefore, since MCDI was not a juridical person with the capacity to
enter into a contract when the contract was executed, the contract is
void and unenforceable against Antonino.
BAR QUESTION 2023
REMEDIAL LAW AND LEGAL ETHICS
Pauline and Regine had a dispute over a 500-square meter parcel of land that
they inherited from their deceased parents, Milcah and James. During the
barangay conciliation proceedings, both Pauline and Regine agreed to partition
the lot in equal shares. As a result, the title to the property was cancelled and
new titles were issued in favor of Pauline and Regine as to their respective lots.
However, Regine discovered that the lot covered by her title was on the eastern
portion rather than the northern portion, contrary to their agreement. Hence,
Regine filed a “Petition for Annulment of Transfer Certificate of Title (TCT) and
Barangay Partition, with Prayer for Judicial Partition of the Intestate Estate of the
Spouses Milcah and James” against Pauline. After trial, the court rendered
judgment in favor of Regine. Pauline then consulted a newly-minted lawyer, Atty.
Terry, who explained to her that there was a misjoinder of causes of action when
Regine included both annulment of TCT and the barangay partition, as well as
judicial partition in the petition. Hence, the trial court erred when it ruled on
both causes of action instead of dismissing the petition of Regine. Is Atty. Terry
correct? Explain.
 No, Atty. Terry is not correct.

 Under the Revised Rules of Court, misjoinder of causes of action is not

a ground for a dismissal of an action.

 Here, Regine’s inclusion of the annulment of Transfer Certificate of

Title (TCT), barangay partition and judicial partition in her petition
does not warrant dismissal. The court can take cognizance of all the
causes of action in the same proceeding.

 Hence, Atty. Terry’s assertion that the trial court erred when it ruled
on both causes of action instead of dismissing the petition of Regine
is incorrect.
BAR QUESTION 2023
REMEDIAL LAW AND LEGAL ETHICS
Hannah Corporation (HC) is the registered owner of a parcel of land in
Kapitolyo, Pasig City. Saint Aaron School (SAS), occupied said lot by mere
tolerance since 1992 until December 2018. HC informed SAS that
beginning January 1, 2019, it will be charging ₱100,000 per month for the
use and occupation of the property. SAS refused to pay the monthly
rentals prompting HC to issue a demand letter for the payment of the
amount of ₱4.8 million, representing the unpaid rentals from January
2019 to December 2022. SAS failed to heed the demand of HC. Hence,
HC, which holds business in Quezon City, filed a complaint for collection
of a sum of money against SAS in the Regional Trial Court (RTC) of
Quezon City. SAS filed a motion to dismiss on the ground of forum
shopping since HC Page 4 of 7 had also filed an ejectment case against it
before the Metropolitan Trial Court of Pasig City. Should the RTC grant the
motion to dismiss on the ground of forum shopping? Explain your answer.
No, the Regional Trial Court (RTC) should not grant the motion to dismiss
on the ground of forum shopping.

Prevailing jurisprudence by way of exception provides that filing of

Special Civil actions and actions governed by special rules at the same
time do not constitute forum shopping.

Here, Hannah Corporation (HC) filed an ejectment case in the

Metropolitan Trial Court of Pasig City which is a special civil action
against Saint Aaron School (SAS). The complaint for Collection for Sum
of Money filed before the Regional Trial Court of Quezon City is a
different action governed by Special Rules. Since the two cases have
different causes of action and governed by two different rules, HC’s filing
of the two cases against SAS does not constitute forum shopping.

Thus, the RTC should not deny the motion to dismiss on the ground of
forum shopping.
BAR QUESTION 2023
CIVIL LAW
Christopher, a citizen of the United States (US), married Lila, a Filipino, in
Dallas, Texas. Their marriage was later terminated by a divorce decree
issued by a US court. At that time, their child, Amado, was only 18
months old. Lila and Christopher returned to the Philippines and settled
in El Nido, Palawan. Christopher allegedly promised to give support to
Amado in the amount of US$1,000 per month, but he never did.
Subsequently, Christopher also settled in Cebu where he cohabited with
another Filipino woman. When Lila learned of the whereabouts of
Christopher, she filed a complaint against him for violation of the Anti-
Violence Against Women and Their Children Act for his refusal to support
Amado. Lila also invoked Article 195 of the Family Code, which provides
for those who are obliged to support each other. She argued that
notwithstanding their divorce, Christopher is not excused from
complying with his obligation to support Amado. Is Lila correct in
invoking Article 195 of the Family Code? Explain.
Yes, Lila correct in invoking Article 195 of the Family Code.

The Family Code of the Philippines provides that parents are obliged to
give support to their children, especially so if the child is still a minor. The
separation of the parents does not affect this unless otherwise ordered by
the court. In case of mixed marriages where the other spouse is a
foreigner, his/her national law shall govern his/her family rights and duties
including his/her obligation to give support, unless that foreign national
law cannot be observed because it is against Philippines’ public policy.

In the instant case, Christopher is obliged to provide support for his son,
Amado. Christopher cannot observed his national law if it provides
otherwise for it would be contrary to Philippines public policy on support.

Therefore, Lila is correct and Christopher is obliged to give support to

Amado.
2023 BAR QUESTION
LABOR LAW AND SOCIAL
LEGISLATION
Santos Hauling Incorporated (SHI) dismissed its drivers and helpers after
discovering that they were committing anomalous transactions involving
the sale of excess broilers and crates, without the knowledge and
consent of SHI. The drivers and helpers filed a complaint for illegal
dismissal against SHI. In its defense, SHI presented as evidence the
affidavits of co-employees narrating the alleged anomalous transactions
in detail. May the drivers and helpers be dismissed on the basis of these
affidavits? Explain your answer.
No, the drivers and helpers cannot be dismissed on the basis of these
affidavits.

Under the Labor Code, employees may be validly dismiss if they were
afforded due process by applying the two notice rule which are the
following:
1. The first notice apprises the employee of the particular act or omission
for which his/her dismissal is sought; and
2. Inform the employee of the employer’s decision to dismiss him/her.

Here, the drivers and helpers were not afforded due process when the
basis of their dismissal were merely the affidavits of their co-employees.
Santos Hauling Incorporated (SHI) action of dismissing them is illegal since
they failed to observed and apply the two notice rule.
2023 BAR QUESTION
LABOR LAW AND SOCIAL
LEGISLATION
Lipad Pinoy (LP), a licensed local recruitment agency, deployed Mutya
for its principal, Alab Construction (AC), for a two-year project in Dubai.
Mutya had been on the job for one year when, for unknown reasons, AC
and LP terminated their agency agreement. Thereafter, AC failed to pay
the salary of Mutya. Upon her return to the Philippines, Mutya sued both
LP and AC for unpaid salaries and damages. May LP be held liable
together with AC? Explain.
Yes, Lipad Pinoy (LP) may be held liable together with Alab Construction
(AC).

Prevailing jurisprudence provides that the liability of principal/employer

with the recruitment/placement agency is joint and solidary.

Here, LP, a local recruitment agency recruited and deployed Mutya for
its principal/employer in Dubai, the AC. They were joint and solidarily
liable with each other.

Thus, LP may be held liable together with AC for the payment of Mutya’s
claims.