4. Questions about bar exams. Recommended answers to the civil law bar exams (2013)b. Multiple Choice Civil Law Bar Examinations (2013)c. University of the Philippines Law Center Suggested Answers in Civil Law (2014)d. Suggested answers to civil law bar exams (2015) 1. This questionnaire contains TWELVE (12) pages, including these instruction pages. Check the number of pages and page numbers in the upper right corner of each page of this questionnaire and make sure it contains the right number of pages and their correct number. There are TWENTY-SEVEN (27) essays and multiple-choice questions to be answered within four (4) hours.2. Read each question very carefully and write your answers in your bar exam book in the same order in which the questions are asked.
Write your answers only on the front, not on the back of every sheet of your notebook. Write down the percentage points allocated to each number, question, or sub-question. In your answers, use the questionnaire numbering system. If the sheets provided in your exam booklet are not sufficient for your answers, use the back of each sheet in your exam book, starting on the back of the first sheet and then on the back of the following sheets.3. Answer the essay questions in a legible, clear and concise manner. Start each issue on a separate page. An answer to a sub-question under the same number can be written continuously on the same page and subsequent pages until it is completed. Your answer must demonstrate your ability to analyze the facts presented by the question, select the material from among the intangible facts, and recognize the points to which the question relates. It should show your knowledge and understanding of the relevant principles and theories of law and their qualifications and limitations.
It should demonstrate your ability to apply the law to the given facts and to argue logically in the manner of a lawyer until an informed conclusion from the premises given. A simple answer “yes” or “no” without explanation or proper discussion is not appreciated. So always explain your answers briefly but in detail, although the question does not explicitly call for an explanation. At the same time, remember that a full explanation does not require you to voluntarily provide information or discuss legal doctrines that are not necessary or relevant to solve the problem. You don`t need to rewrite or repeat the question in your notebook.4. You must answer the MCQs by writing in your notebook the capital letters A, B, C or D corresponding to the answer you have chosen. There is only one correct answer to each MCQ; Choose the BEST answer from the options offered. Note that some MCQs may require careful analysis of the questions and options available.5. Be sure not to write your name or a stranger`s note/distinctive marker/notebook in your notebook that is used as an identification marker (e.g., names that are not included in the questions, prayers, or private notes to the examiner) specified). Writing, leaving or putting distinctive or identifying notes in the exam book is considered fraud and may disqualify you from bar exams.
You can use the quiz for the notes you want/need to write during the exam. YOU CAN TAKE THIS QUESTIONNAIRE HOME WITH YOU OR HAND IT OVER WITH YOUR NOTEBOOKJ. DIOSDADO M. PERALTAChairman2014 Bar ExamsI.Linda was hired by Sectarian University (SU) to cook for members of a religious order who teach and live on campus. While performing the task assigned to her, Linda accidentally burned herself. Due to the extent of her injuries, she took sick leave. In the meantime, SU has hired a backup chef. Linda filed a complaint for unlawful dismissal, but her employer SU claimed that Linda was not a normal employee, but a domestic helper. Decide. (4%) II.
Lucy was one of approximately 500 call center agents in Hambergis, Inc. She was hired as a contract employee four years ago. Their contracts would have a duration of five (5) months each, usually after an interval of one month. Their reinstatement was subject to their performance for the previous contract. Six (6) months after her last contract expired, Lucy went to Hambergi`s human resources department to find out why she had not yet been called back to work. He was told that his performance on his last contract was “below average”. Lucy seeks her legal opinion on her chances of finding her job. What will be your advice? (4%) Law firm III.Lolong (LLF), which employs around 50 lawyers and 100 permanent employees, suffered losses for the first time in its history. Management told its employees that it could no longer afford to provide them with a free lunch. As a result, it announced that a nominal fee would now be levied. Was it justified to deprive LLF of this benefit, which it had unilaterally granted to its employees? (1%) (A) Yes, because it suffers losses for the first time. (B) Yes, because it is a management right that is not due to a legal or contractual obligation.
(C) No, as this amounts to a reduction in benefits, which is prohibited by the Labour Code. (D) No, as this is an ancillary service that has already become a right of claim.IV.Linis Manpower, Inc. (LMI) has been providing janitorial services to the Philippine Overseas Employment Administration (POEA) since March 2009. The service contract was renewed every three months. However, in the June 2012 call for tenders, LMI was disqualified and excluded. In 2013, six LMI janitors previously employed at POEA filed a complaint for underpayment of salaries. Both LMI and POEA were proposed as respondents. Should POEA, a government agency subject to the congressional budget, be held accountable, in solidarity with LMI, for paying the plaintiff`s wage differences? Cite the legal basis for your response. (4%) V. Liwayway Glass employed 600 simple employees. Three rival unions A, B and C participated in the certification elections ordered by the Med-Arbiter. 500 employees voted.
The unions received the following votes: A-200; B-150; C-50; 90 workers voted without a union; and 10 were separate votes. Of the split votes, four (4) were cast by employees on probation and six (6) by dismissed workers whose respective cases are still under appeal. (10%) (A) Should the votes of probationary and dismissed workers be included in the total number of votes cast to determine the winning union? (B) Was there a valid election? C) Should Union A be declared a winner? (D) Assuming the election is annulled, which of the competing unions should represent rank-and-file workers? E) Suppose that the trade unions obtained the following votes in the elections: A-250; B-150; C-50; 40 voted “no union”; and 10 were separate votes. Should Union A be certified as a negotiator?VI.Lina has been working for 15 years as a steward for Loyal Cruise Lines, based in Miami, USA. She was recruited by a local recruitment agency, Macapagal Shipping, and had to sign a 10-month employment contract every time she traveled to Miami. Macapagal Shipping paid Lina`s round-trip fee from Manila to Miami. Due to food poisoning during her last cruise deployment, Lina was not reinstated. Lina claims she was illegally fired and asks for money for the separation.
If you were the laboratory arbitrator in charge of the case, how would you decide? (4%) VII. Non-lawyers may appear before the labour arbitrator if: (1%)(A) they represent themselves(B) they are duly authorized to represent their legitimate work organization or their member(C) they are duly accredited members of the legal aid office recognized by the DOJ or IBP (D), they appear in cases of an amount less than Php5, 000VIII. Following a negotiating blockade between the Lazo Company and the Lazo Employees` Union, the Lazo Employees` Union organized a strike. During the strike, several workers committed illegal acts. Finally, the members informed the company of their intention to return to work. (6%) (A) Can Lazo Corporation refuse to accept the strikers? (B) Assuming that the company admits the strikers, can it subsequently dismiss employees who have committed illegal acts? (C) If Lazo Corporation has hired replacements due to a prolonged strike, can it refuse to accept the replaced strikers? IX.Luisa Court is a popular chain of motels. It employs more than 30 housekeepers who, among other things, help clean and maintain the rooms. These maids are part of the union base, which has an existing collective agreement (CBA) with the company. While the ABC was in effect, the Luisa court decided to abolish the position of housekeeper and outsource room cleaning to Malini`s House Office Services, a bona fide independent contractor who invested in extensive equipment and sufficient manpower. The chambermaids filed a lawsuit against Luisa Court for unlawful dismissal. In response, the company argued that the outsourcing decision was the result of the new management policy aimed at streamlining operations and reducing costs. If you were the labour arbitrator assigned to the case, how would you decide? (4%) X.Luisa was hired by the Asian Development Bank (ADB) in Manila as a secretary.
Luisa`s first boss was a Japanese citizen with whom she got along. But after two years, she was replaced by an arrogant Indian citizen who did not believe her job performance met international standards. One day, Luisa submitted a draft report to her boss full of typographical errors. The latter insulted her, but Luisa retaliated verbally. The Indian boss decided to end her services immediately. Luisa filed a complaint with the labour arbitrator for illegal release, alleging arbitrariness and denial of due process. If you were the laboratory arbitrator, how would you decide the case? (4%) XI. Lionel, a U.S. citizen whose parents emigrated from the Philippines to the United States, was hired by JP Morgan in New York as a call center specialist.