— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW UP Law Complex

December 19, 2020

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 an assessed value… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW UP Law Complex

— Constitutional Law, Political Law —

Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

December 16, 2020

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 of the Office of the President, entitled “Adoption of a National Computerized Identification Reference System” be declared unconstitutional on two grounds, viz:  It is a usurpation of the power of Congress to legislate, and  It impermissibly intrudes on our citizenry’s protected zone of privacy.… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

— Criminal Law —

Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989 Adultery

December 15, 2020

FACTS: Petitioner Imelda Manalaysay Pilapil, a Filipino citizen, and private respondent Erich Ekkehard Geiling, a German national, were married before the Registrar of Births, Marriages and Deaths at Friedensweiler in the Federal Republic of Germany.  After about three and a half years of marriage, marital conflicts lead the private respondent obtained a decree of divorce… Read More Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989 Adultery

— Constitutional Law —

Sps. Yusay v. CA G.R. No. 156684 April 6, 2011 Power of Eminent Domain, Ordinance v. Resolution

December 14, 2020

FACTS: The petitioners owned a parcel of land with an area of 1,044 sqm. in Barangay Mauway, Mandaluyong City.  Half of their land they used as their residence, and the rest they rented out to nine other families. Allegedly, the land was their only property and only source of income. On October 2, 1997, the… Read More Sps. Yusay v. CA G.R. No. 156684 April 6, 2011 Power of Eminent Domain, Ordinance v. Resolution

— Remedial Law —

EVERSLEY CHILDS SANITARIUM v. SPOUSES ANASTACIO PERLABARBARONA G.R. No. 195814 APRIL 4, 2018 J. Leonen Unlawful Detainer, Jurisdiction

December 12, 2020

FACTS: Eversley is a public health facility operated by the DOH primarily to administer care and treatment to leprosy patients. Since 1930, it has occupied a portion of a parcel of land denominated as Lot No. 1936 in Jagobiao, Mandaue City, Cebu. Spouses Barbarona allege that they are the owners of Lot No. 1936 by… Read More EVERSLEY CHILDS SANITARIUM v. SPOUSES ANASTACIO PERLABARBARONA G.R. No. 195814 APRIL 4, 2018 J. Leonen Unlawful Detainer, Jurisdiction

— Constitutional Law, Remedial Law —

People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

December 8, 2020

FACTS: Rosalinda Dy was shot at point blank range by private respondent Jonathan Cerbo in the presence and at the office of his father, private respondent Billy Cerbo.  The 3rd Municipal Circuit Trial Court of Nabunturan-Mawab, Davao, after a preliminary investigation, found “sufficient ground to engender a well-founded belief” that the crime of murder has… Read More People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

— Remedial Law —

Bautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended ComplaintBautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended Complaint

December 7, 2020

FACTS: Petitioners, Sps. Rafael and Ligaya Bautista, are the registered owners of the subject lot located in Nasugbu, Batangas, as evidenced by Original Certificate of Title (OCT) No. P-1436 issued in their names by the Register of Deeds. On May 13, 1996, Maya-Maya Cottages, Inc. (MMCI), respondent, filed with the RTC of Nasugbu, a complaint… Read More Bautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended ComplaintBautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended Complaint

— Labor Law —

“Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

December 6, 2020

FACTS: Petitioners are workers who have been employed at the San Miguel Parola Glass Factory since 1961, averaging about seven (7) years of service at the time of their termination.  They worked as “cargadores” or “pahinante” at the SMC Plant loading, unloading, piling or palleting empty bottles and wooden shells to and from company trucks… Read More “Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

— Bar Q & A, Civil Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW -UP Law Complex

December 4, 2020

I. Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief counseling sessions. Years later, Sidley and… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW -UP Law Complex

— Remedial Law —

Fredesvindo S. Alvero v. M.L. De La Rosa et. al. G.R. No. L-286, March 29, 1946 Appeal, Rules of Court

November 28, 2020

FACTS: Respondent Jose R. Victoriano filed a complaint against petitioner and one Margarita Villarica, alleging two causes of action, to wit:  (1) to declare in force the contract of sale, made on October 1, 1940, between Victoriano and Villarica, of two (2) parcels of land, which land was subsequently sold by Villarica, to Alvero, on… Read More Fredesvindo S. Alvero v. M.L. De La Rosa et. al. G.R. No. L-286, March 29, 1946 Appeal, Rules of Court