Bar Q & A, Taxation

Bar Q & A and Recent Jurisprudence on VAT, Zero Rated Transactions and Tax Credit

2019 Bar A.2. For purposes of value-added tax, define explain or distinguish the following terms: (a) Input tax and output tax (3%) (b) Zero-rated and effectively zero-rated transactions (3%)  (c) Destination principle (2%) SUGGESTED ANSWERS: (a) Input tax is the VAT (b) Zero-rated transactions generally refer to the export sale of good and supply of… Read More Bar Q & A and Recent Jurisprudence on VAT, Zero Rated Transactions and Tax Credit

Bar Q & A, Remedial Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW

U.P. Law Complex I. Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle’s property, which is located in Digos City, Davao del Sur, has… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW

Bar Q & A, Labor Law

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN LABOR & SOCIAL LEGISLATION

I. A. What are the accepted tests to determine the existence of an employer employee relationship? (5%) SUGGESTED ANSWER The accepted tests to determine the existence of an employer employee relationship are: A) Four-fold Test: The selection and engagement of the employees; The payment of wages The power of dismissal; and The power to control… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN LABOR & SOCIAL LEGISLATION

Bar Q & A, Remedial Law

SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

I. Ludong, Balatong, and Labong were charged with murder. After trial, the court announced that the case was considered submitted for decision. Subsequently, the Clerk of Court issued the notices of promulgation of judgment which were duly received. On promulgation day. Ludong and his lawyer appeared. The lawyers of Balatong and Labong appeared but without… Read More SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

Bar Q & A, Mercantile Law

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW UP Law Complex

I. A.  Absolute Timber Co. (ATC) has been engaged in the logging business in Isabela. To secure one of its shipments of logs to be transported by Andok Shipping Co., ATC purchased a marine policy with an all-risk provision, Because of a strong typhoon then hitting Northern Luzon, the vessel sank and the shipment of… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW UP Law Complex

Bar Q & A, Political Law

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN POLITICAL LAW UP Law Complex

I. A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision. (a) What are the methods of amending the Constitution? Explain briefly each method. (3%)  SUGGESTED ANSWER  The Constitution may be amended or revised by the… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN POLITICAL LAW UP Law Complex

Bar Q & A, Civil Law

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN CIVIL LAW UP LAW CENTER

I. State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for your answer: (a) Ador and Becky’s marriage wherein Ador was afflicted with AIDS prior to the marriage. (2%) SUGGESTED ANSWER (a) The marriage is voidable, because Ador was afflicted with a serious and incurable sexually-transmitted disease at… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN CIVIL LAW UP LAW CENTER

Bar Q & A, Labor Law

Cases and Bar Q & A in Illegal Recruitment v. Estafa and Illegal Recruitment in Large Scale

Illegal Recruitment v. Estafa People vs. Dela Cruz, G.R. No. 214500, June 28, 2017 It is well-established in jurisprudence that a person may be charged and convicted for both illegal recruitment and estafa. The reason therefor is not hard to discern: illegal recruitment is malum prohibitum, while estafa is mala in se. In the first,… Read More Cases and Bar Q & A in Illegal Recruitment v. Estafa and Illegal Recruitment in Large Scale

Bar Q & A, Taxation

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN TAXATION

UP LAW COMPLEX I. SMZ, Inc. is a VAT-registered enterprise engaged in the general construction business. HP International contracts the services of SMZ Inc, to construct HP International’s factory building located in the Laguna TechnoPark, a special economic zone HP International is registered with the Philippine Economic Zone Authority (PEZA) as an ecozone export enterprise,… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN TAXATION

Bar Q & A, Remedial Law

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

I. What trial court outside Metro Manila has exclusive original jurisdiction over the following cases? Explain briefly your answers.  (a) An action filed on November 13, 2017 to recover the possession of an apartment unit being occupied by the defendant by mere tolerance of the plaintiff, after the former ignored the last demand to vacate… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex