1959 Bar examination questions

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Part of The Lawyers Journal

Title: 1959 Bar examination questions
Language: English
Year: 1960
Subject: Bar examinations -- 1959.
Rights
Fulltext: 1959 l;IAR EXAMINATION QUESTIONS (Concluion) CRIMINAL LAW ·I. (a) Except as provided in treaties and laws of preferential application, enumerate five cases wherein the Revised Penal CoCle is applicable outside the territorial juriadietlon of the Phil· ippinea. (b) One night, tWo American soldiers of the U. S. Al'lllJ' forcibly take two Filipino hostessea from Angeles, Pampanga, and bring them inside Clark Air Baae. 0nC'8 inside the base they nre taken to a dance, but finding the hall too crowded they imrnediateiJr proceed to the aoldiers' quarters where the girl& are raped. (1) May the two soldiers be pl'OS81?Uted before a Philippine Court? Reasons. ' (2) For v.·hat offense or otfensea are thesr eriminally liable? aeasons. II. (a) Is mere membership in the Communist Party of the Philippina punillhable? Cite authoritative provisions.· (b) A was taken to a farm by outlaw members B and c.. B gave A a bolo and told the latter that the . chief outlaw wanted A to kill the farmer who was sleeping inaide the Jiut. A refused, but after B told A "you have to complJ' with that order of the chief outlaw, otherwi1e 7ou will have to come along with u1," A killed the' fanner. Ia A c1·iminally liable! Rearon out 7our answer. III. (a) Wb&t penaltioa are to be impoaed for complex crimes!; :ror criRlea committed which are different from those intended? (b) A was seated at the rear side of the orchestra in a theater. He left hi1 seat with his revolver in hand to look for another seat behind. On his W&J', bis revolver suddenly was diaeharged and the bullet hit B, causing his death, and C, caU• Ing inju1·les that 1-equlred. more than 80 days to heal . . If you were tbe prosecutor, for what offenses or offenses would 70U charge A, a.,.aons. Jf convicted, what would be the proper penalty! IV. (a) Diatinplsh both by their nattire and their effects between jultifJing and exempting circumatancea. (b) M:, a public achool teacher, scolded. R, one of her pupils. The next day, while M was conducting her cla18, R's father boxed M on different parts of her body. The injuries of M healed more than ten (10) days but le11 than thbty days. For what offense or offenses may R's father be charged! Give reasons for your answer. V. (a) Generally the Reviaed Penal Code imposes a lower penalty for crimes committed through criminal negligence. Cite one speelfleo offense where the penalty is the same regardless o1 whether the offense is committed with criminal intent or throu.rh criminal neglbrence. (b) X, a patrolman, was accu1ed of grave threats be. fore the JP court. He was arrested and detained In the municipal jail. Based on the certification of the Chief of Police that X performed contln.ucd. aervi.ce without "'baenee, X was able to draw his shlary during the period of his confinement. The mayor approved the payroll and the treasul'er paid the salary. What offense or offenses have been committed? Reaaons. Who are the parties liable theref.ore? Reasons. VI. (a) What are included in the civil liability incurred by a person committing an offense, and how- are they made or satisfied? (b) Give the two exceptions to the rule that penal laws shall have a retroactive effect in so far as the)' favor the persons cuilty of a felony. (c) For what offellses may a member. of Congress be arrested during the regular 01• special session of Congress? VII. (a) A and B, armed with carbines, decided to rob the house of X. While. attempting to gain ~ntranee thereto, X shouted for help which caused A 81\d B to fire &t X, who died. There is no nidenee to show who among A and B fired the fatal shot. May A and B be proaecuted ~ Reason out 10.ur answer. (b) A police raiding team apprehended a bachelor and a woman in tho act of eohabitation at a motel room. It was admitted by the couple that the woman received five bottJea of perfumes In consideration of the intercourse. · What was the offense committed, It there was anyl Give l'easons for your anner. · VIII. (a) In a poker pme A, employin1 fraud, won P600.00 from B. When the criminal complaint for estafa was pendinl' preliminary investigation before the prcvncial fiscal, A returned the PS00.00 to B's wife,· with lmowledge of B. After reeeipt of the P600, B insisted in the proaeeution of A. U you were the prosecutor, what will you do! Give your reasons. . (b) P knocked at the door of the room of: his wife, M. . When there was no response P opened the door. P aaw his ilJe. &'itimate grandfather, G, jumped out of the window. P asked M why X was inside her room, but M refused to answer. P pursued X and killed him. · What was the offense committed, if there was anyT Reaaon out rour answer. · IX. (a) Give the caaea where the Indeterminate Sentence Law does not apply. (b) D brought his maid E to his room. After raising hi1 cane D compelled E to take off her clothes and dance before him. What offense has been committed! Give youi reaaons. (c) F, cashier of the Manila Raiiroad Company, misap.. propriated P50,000.00 in conspiracy with L, a businelinnan. For what l>ffense or offenses are F and r. liable? Reason out ,Our answer. X. (a) State the provision in the Revised Penal Code which succeeded the fornier offense of false prosecution. (b) In consideration of Pl&,000 which R gave to S, the latter agreed to execute the nes.t ·day a d~d of co'nvepnce over l,000 sq. m. lot in favor of R. On the followin1r day, S did not iCIOD'lply with the agreement; inatead he ended R. When pressed by R for compliance, S refused. Later on, S sold the same lot to another buyer. What was the offense committed, if there was any? Reason out your answer. POLITICAL LAW I. (a) State the pul'P08e and scope of the due procesa Of the Constitution. (b) JC Is accused of' theft, and after trial the court .ten· tenced. him to ·the proper penalty for u.id crime. Ravinc been previou.sl1 convicted twice hy final judcment of the crime of theft. a fact suffielently allepd. In the Information, he t1 alao sentenced to an additional penalty of three yean of prison eorreccional purauant to habitual delinquency law. On appeal M eon. tends that the habitual delinquency law is unconstitutional, first, because It inflicts cruel and unusual pu.. nlahment. and second, beeoause it punishes an acCused a second time for an earlier crime of which he had been previously COD'Yieted. and 'PUDished. How should the appellate court resolve the qu ... tions raised by M'l Explain' your answer. II. (a) Gin two power& of COngreas 'which although not expreuly granted are implied from the u.presa grants February 19,- 1980 LA WYERS JOURNAL of power, and three non-lecWative powers expressly granted Congrela by the conatitution. (b) P, a member of the Bouie of Representatives and of the Commiuions of Appointments, as complainant filed formal administrative eharges against the jUstice of the peaee of a muunicipality in hb district. At the inverstigation of the charges before the Judge of the Court of F11·1t Instance of the province, may P, Oftlr ahe objeetdon of the :respondent who invokea Section 17 of Article VI of the Constitution which provides: "No member of the Commluion on Appoint~ts 1hall appear as counsel before any court tnferiOr to a collegiate court of appellate jurtsdiC'tlon", be perniltted to substantiate his charges? Reaaon out 10ur answer. III. (a) Distincu.ish eminent domain fl'ODl police power. (b) B is the owner of a big lot in the City of Manila. 1v. (a) With her permis1ion, a private alley was constructed from the public atl'eet bordering her lot into the in· terior of her property and the adjoining lot. This alley serves as the only m~ns of exit to satd ·public street for the interior residents. B fsubeequent17 applied for a permit to build a house of strong materials on the portion of her lot occupied by the private· alley. The City Engineer dented her applt,eation be. cause the PrGJlOsed building would cloee the allfiy, in violation of a city ordinance which provides that before a buUdlng can be constructed in the interior of a elty lot a private alley must first be provided and that such alley can not be closed aa long as there are interior :reaidenta uainc the alley as a means of entrance and egress to and from a public street. B filed a petition for mandamus in the Court of Fil'lt Instance of Mam1a to eompel the City Engl. neer to iaaue a building permit. contending that the denial of her application la tantamount to taking her property without compensation and that if the City of Manila needed her property for a street, it must flmt. expropriate it. Row should the court decide the ~se! Explalii your answer. Di1cu111 briefly the doctrine of immunity of Govern· ment from suit. (~) Commonwealth Act. No. 308 penalizes an employer who being able to make p&.yment, refuses to pay the 11alary of his employee. Prosecuted for a violation of aaid Act, R, as the owner of a bu1ineaa establishment. admits that he has not paid his emplo1ees. Re con. tend11, howeVer, that Commonwealth Act. No. 303 la violative of the provision of the Constitution that "No person ahall be imprisoned for debt". V. (a) Decide the case, giving reaeons. State one recognized exereption to the rule which prohibits the passage of irrepealable laws, and the reason or reasona for the exception. (b} F, a youq, ignorant orphan .rirl residing In one of the municipalities of distant province, came to Manila and started working as a domestic servant tn the house of J who advanced the amount for fare. F wants to leave J's employ, but J, without employing physical forcoe, would not allow her to leave until the amount advanced to her is paid in fUll. May a peti· tion for a writ of habeas corpus on her behalf be gran. ted In this ease. Reason out 10ur answer. VI. (a) On what eround or crounds may a provincial board disapprove an ordinance or :ruolution paaaed by a municipal council? (b) Under a power expressly granted by law to municipal councils, the municlpal council of A p&ued an ordlnanee p:rohibitinc the installation of machineries of more than 20 horse power within cert.a.in thickly po. pulated sections of the town. A copy of the ordinance was immediately furnished the provincial board of the province but that body never approved or disap· proved the ordinance. S applied. for 8 permit to install an engine of more than 20 horse power In ~ section of the town where installation of rich engine la prohibited by the ordinance. The municipal mayor disapproved the application and S filed a petition for mandamus in the Court of First Instance ·of the province' to compel the mayor to isaae the pennit, contendinl' that the ordinance is inoperative because it wa1 never ap· proved by the provincial board of the province. How should the court decide the ease! Reason out :rour answer. VII. (a) When does a tax ordinance passed by a city, municipal or municipal district council take effect! Who may napend it .and of what ground or grounds! (b) ·Under 1he power granted It by ~ city charter "to tax, fil the Iicenae fees and :regulate the businees of theaters, clnematograph1," the MuniC'ipal Board of Manila passed an ordinance impoain1 a graduated lieense tax on theatres and clnematographa in the City of Manila. On the other hand, Section 160 of the National Internal Revenue Code f"u:ea a graduated amusement tax on theaters and cinematog:rapha and other places of amusement. T operates afferal theaters and elnematographa in Manila, and. 8fter paying the amusement tax under the National Internal Reve· nue Code, he also paid, but under protest, b license tax required in the aforesaid city ordinance. In the suit which T filed to recover the lieense tax from the City of Manila, he contends that the ordinance i11 void because payment of the lieenae tax therein imposed constitute double taxation. la T's contention tenable? Reason out your answer. VIII. (a) Discuss briefly the doctrliies Of exhaustion of ad· ministrative :remedies and !!onclusive finality of administrative decisions. (b) M and R filed with the Director -of Lands aeparate Iea1e application under the Public Land Act cowering the same portion of the public domain. After an investigation, with notice to the conflietin8' ap. pliC'8.ntl, the Director of Lands :rejected M's application and approved tha.t of R. II immediately filed a petition in the proper court alleging total lack of evidence to support the decision and grave abuse of authority and discretion on ·the part of the Director of Lands, and pr9ing for judgment voiding said. decision& and ordering the Director of Lands to approve his "')(" application. Has M a cause of action against the Director of Lands, give reason for your answer. IX. (a) May the President of the Philippines by virtue of his control of the executive department of the gov· ernment and his general supervisory authority over local government., himself or through an official of the National Government designated by him, in· vestigate charges againat a municipal mayor, a municipal vice.mayor, or a mem.bu of the municipal council? Reason out :vour answer. (b) C, an alien, adopts the mitior S, an alien born in the Philippines. Alter the adoption G becomes a Filipino citizen by naturalization. Has S, who 11 atilt a minor, also become a Filipino citizen in view of Section 16 of the Revised NaLA WYERS JOURNAL turallzation Law whieh provides that 11niinor ehil· dren of persona naturalized under this law who have been born in the Philippines shall be considered citizens thereof", and Article 341 of the New Civil Code which states ''that the adoptiOn ahall give to the adopted person the same liCht.a and duties as If he were a legitimate child of the adopter''! Reason out your answer. X. (a) In the general elections of 1966, A and B we1-c rival candidates for mayor of the same munleipalitJ', Fifty-six (66) ballots contained the name of B but written on spaces for offices other than the office of the m&70r. In the election contest between the tWo tw.ndidatea which involved the 66 ballot.a, should theee be· counted in favor of B! Explain your answer. (Ir) R and G were candidates for the office of Provin· elal Governor of a certain province in 1966. G was proclai~ elected on December 8, 1966. Within the period fixed by Section 174 of the Revised Election Code (within two weeb after proclamation), R filed his petition contesting G's election. Within the time fixed. by Section 16 of the same Code which provides: "Sec. 1'16. Procedure x x x (b) The proteatee shall answer the protest with. in five daJS after being aummoned. x x x (e) Should the pl'Oteatee desire to impugn the votes received by the protestant in other precincts, he shall file a counter-protest within the same period . fixed for the anawer. x x x G filed his asnwer and counter-protest on December 16, 1965. On June 1, 1966, G petitioned the trial court for permiuion to amend his counter· proteat. by including therein a new preetnct. R objected to the petition to amend. ' Should the court grant G's petition to amend his answer· and counter.protest. Reason out your answer. REMEDIAL LAW I; (a) Distinguish cause of action from right of &«ion. W.hat. law caverns each, (b) What determines the singleneu of a cauae of action and what is the effect of splitting same? Supposing an indebtednns of PS0,000.00 is pay. able in five yearly amortizations of PG,000.0I). each starting on January 1, 1969, and one every January lat of each year hereafter, there been no acceleration clause. The fint installment not havinc been paid, a demi.nd was made for the sum of P6,000.00, but debtor refused to pay, allecing thil.t the obligation was without consideration. If you are to file a complaint for the creditor, upon what ea.use of action would you baae it, Give your reasons. II. (a) Differentiate: (1) permi~lve joind'er of parties; (2) cla11 Suit; (8) Derivative suit. (b) A owns a reaidential Jat; with a garace thereon in Bapio Ci,ty. ];le agreed to lease the garage to B f0~ . 2 :ifto!lth&. u_nder a mitten . l."Ontraet to be, later executed. B, who had taken posses_sion of the garage, required A .to si8n the formal Contract. but A refused, addine that there was no need fpr it. Jf B fi.1~ an action to c;ompel A to ex~ute the a8'reed OOti.traet, "is the. i.etion "in rem". or "in per· sOnam"? · ·· · ' - ·.fJJI. (~) .In .~h-at . .a~tion. ~r .~ons .. is ~- ~uciCment ~n the plead· : ings, .. or .a judgm~t. based on · ~tipulation of facts or eoiiftisaion of ·judgment noi &ppllcable or obtain· ~;_ able! ( b) A sued. B in . the 9oUrt of First Instance to recover Pl0,000.00. B, the defendant, answered. the complaint within the period provided. for by law. Later A, the plaintiff, filed a notice to dlsmiu the. action. The eaH waa nevertheless set for trial with notice to the partlee. On the day of the trial plaintiff was absent and the defendant moved for the dimiasal of the ease, and the court diB111.i1sed the ease. Om! year later, . A filed "the . same action against B. The defendant B filed a motion to dismies, on the ground that the dismissal of the first action wu bar. Decide the ease, 1ivlng your re•· sons. _ . .. . . JV. (a) May a court of "first instance iaeue AQ injUnetion. in connection with a picket estabii~ed b, a striking Union of l&borera by m8s0n .. 01 a Pending ctiie of un. fair labor practiCea in tlie cOurt oi bidustrtal Relations! Reason out your Bnswer. . (b) A filed & eoinplaint iii the Court of li'h•st Insianee ag. ainst M 4 Co., ian in8urance eonipan)", to collect the Value Of· a fh,, iD.aur8.ilee "policy· coveriile A's property which was burnt. A obtained judgment in his favor and notice thereof was served on· the insuranceeOmpaDJ' on December 20, 1958. The deeisioil became final on January 19, 1958. Four months and fifteen days after the decision has became final, -M 6 Co. learned tha~ the fire was intentional and succeeded in gathering evidence to this effect. Is there any remedy for M Ir:· Co. by which it may relieve itself from compliance with the jwtg.. mentT If in the affirmative, upon what erounds and in what manner may the relief be obtained"? If in the negative, state your reasons. V. (a) In what respect has the new Civli Code affected the proviaions of the Rules of Court in the matter of': (1) Guardianship; (2). Adoption; (8) Presumption of death for purposes of succession! (b) X ·obtained a judgment for money against Y in the Municipal Court. Pending trial of Y's appeal in the Court of First Instance, Y dlea. (1) Can X file his judgment In the administration of Y"a: estate! (2) SuppoiEng Y died after judgment agalllft him bJ the Court of First Instance, what would X'a remedy be? (Sf Supposing further that execution of the judgment of the CFI ·ha• been levied on Y's property at the time of his death, what remedy does X have? Reason out your. answera. VJ. (a) Distinguish from eaeh other: suspension of payment; voluntary insolvency; involuntary insolvency. (b) R, administratar of the estate of the deceased 6, after submitting his lnvento?'f, files a motion in the adminiatration proceedings praying for an order directing X to deliver to R the house and lot included in R's inventory. The Court, without hearing, cran"h the motion and issues the corresponding order. X, n~thwlthstanding the ordei·, refuses to . d.eli"ver the property claiming that lt was. donated to. him inter vivos bJ the deceased S. R contends that the donation was null and void. R ~ska -the cOurt to .. declare . the donation invalid, to declare X In ~ntempt of Court, and to compel X to deliver the ptoperty.· · . If .J'O~ were ~ou.nael for X, on what grOJ\l¥l weuld you oppose the second motion. and. aUJ.il., the first ord&f.? . Reasons'" . · · . _ · ' r 1 .VII .. (a) :Name th"' ~unds for .'1 moµ~n.:.tQ..:.Q~h that are ~ot QP&ntPi;. 1111Pn the .faqe of..a ~mgi.&iJ,11; or information. ~Ii; i :•.' ~· ,,.: •. 1:: (b) A was prosecuted for alleged attempted homicide In F~bru&r,. 29, 1960 LAWYERS JOURNAL 61 that he willfully, unlawfully, feloniously, with intent to kill, hurled from a house-window, a big stone at B while the latter was passing along A'a house, without hittiD&" her. At trial the proaecution establishetl that B waa injured probably by a splinter when the atone hit the pavement which physical injury required eleven da:vs to heal with medical attendance, and the Court admitted the evidence ove1· the vigorous objec. tion of the defense on ·the ground that there was no allegation of ph:vslcal injury in the Information. Ruling that the intent to kill had not been proven, the Court, however, eonviated tlie defendant of less serious physical injuries. Was the judgment of conviction well taken? Reuons. VIII. (a) When ·may an Information be amended without leave of court? (b) A, defendant in a criminal case took the witness stand on bis own behair. In hla croBSoezamination, can he be compelled to: (1) Write or gi:Ye specimens of his handwriting on a piece of paper Bo aa to detet'Dline whether he 11¢ written another allegedly falaified document? (2) Place his foot upon a footprint on the ground, to see If said footprint tallied with his own? (8) Produce certain documents proven to be in his poaseasionT Give reason for your answer. -IX. (a) State the Hea,rsay Evidence Rule and discu11 the differenee In ita effects: when offered testimonially and 'when tende1-ed d.rcumstancially. Illustrate by examples. (b) Y had purchased a pareel of land from X and paid Pl,000.00 therefor, leaving a balance of '200.00. Z did not personally intervene in his transaction, but BUbaequentlJ meeting X, had verbally guaranteed pay .. ment of of said balance. In an action for the recover)' of the baULnce foled- by X againat Y and Z, the evidence bad disclosed that Y had just been acting as an aeent or representative of Z in said purehase. As a matter of fact Z was the real purchaser of the land. Will Z's defense, under the Statue of Fiauds, that his "promiae to aDl"\11.'f!r for that debt of another" not being in writing and consequently invalid, proper? Reasons. X. (a) State the rule or principle of evidence called "Res Inter allos Acta" both in criminal aa well as in eivll cases. Reasons for the rule. (b) In an extra-judicial confes1lon had before the Constabulary and NBI officers, A, charged with murder. voluntarily admitted the charge, but incriminated B and C as his eo-eonspriators. Apprehended, B and C vehemently denied the charge or any participation therein. Disregarding however, B Ir: C's counsel's objeetion td the admiuiblllty of A'a confe11ion as against B Ir: C, the proaecution filed the corresponding information against the trio. At the trial before the Court of First !stance, counsel for B &: C again vigoroualy objected to A's teatimony. Is A's testimony on te witneas stand incriminating B Ir: C achniasible against them? Reasons. Manila August 80, 1969 LEGAL ETHICS AND PRACTICAL EXERCISES I. (a) You may answer the following two queations separately or together. (l) Ia the "ethics" of the Ie1al profession in this jurisdiction provided for In a speel.flc atatute or rule of court? If so, indicate pnerally the eorresponding statute or rule. (2) If legal ethics in this jurisdiction is not covered by positive statute or rule of court, Indicate generally the source or sourcea of authority for finding that a la'WJ'82' has acted unethiC'ally. (b) Senator X la engaged in the practice of law. One day, 'three prospective clients, A, B, and C, asked him to represent them In three separate cases, aa follows: A is a municipal mayor accused of murder; B ls the owner of a piece of land and is defendant in upropriation proceedings filed b)r the City of Manila; and C ia: an Infantry officer who is accused in courtmar"tials proceedings. Can Senator X properlJ" accept all the cases! Briefly explain your anawer. II. (a) Can an attorney of record, with a written contract of partnership, withdraw from a "ease against .the wishes of hia client! Explain your answer briefly. (b) X has been convicted of murder by a Court of First Instance and be bas appealed to the Supreme Court. Atty. R was appointed touneel de officio. After studying the records, Atty. R came to the conclusion that X la really guilty. Which of the follo\\ing alternative actions may be properly take? ( 1 ) File a brief and contend neverthelels that X is not guilty. (2) File a brief, or motion, asking that the decision be affirmed (3) File a motion praying that the Court relieve him as eounsel de officio on the ground that he can not adequately represent X becauH he believes him guilty. Ill. (a) Rep. Act No. 146 penalizes the receipt of feea by a lawyer in ezcess of P20.00 In relation to claims for benefits under statutes of the United States beinc administered by the U.S. Veterans Administration. Atty. M was found quilty and convicted in a criminal caae for violation of said Rep. Act No. 146 for having 80· lictted, ciharged, and received, u fees, amounts in sceas of no.oo. May Atty. M be disbarred becauae of his conTiction? Give your reasons. (b) As lawyer for client X, Atty. A secured a money Judcment against Y before a court of. first instance. On appeal by Y, X hired another laWY,81' to represent him in the appeal and judgment was affirmed. Two years after the decision had bet!Ome final, X tried to execute his judgment against property which he thought beloneed to Y but Vthieh a third party, Z, claimed to be his. As a matter of fact. Z filed a complaint apinst X and the Sheriff to vindicate his title to the proper. ty. Z wa1 represented by At:ty. A. Did Atty. A commit any breach of legal ethics? Reason out your answer. IV, (a) Atty. A consented' to the publiC'l.tion, but for only one time, of the following advertisement in a local newapaper as a gift from a client: "Free legal consultation ·for the poor. Marriage license promptly seC'llred and arranpd according to wishes of parties. "Atty. A - Tel. 392; 41 Eacolta". (1) Did Atty. A violate any statute or rule of court! (2) State whether the Supreme Court has decided •DJ" case with similar fact.a; and if so, give the ruling enunC'iated by the Court. (b) B took an affidavit to his lawyV, A, who was also a notary publici for ratification. B swore to the affidavit and sil'll it before A, who ratified. the same and made ithe corresponding . ent1·y in hta notarial register wltbout reading It. B took all the copiea of the affidavit •• I,A WYERS JOURNAL . FebrU8l'J' 29, 1960 with him. It turned out later that .the affidavit contained allegationa that B, a married man, had agreed to live separatiel;v from hi1 wife, eonflrmhqr that each of them could ehooae another lifetime partner without interference from the ·other. Can the act of Att,'. A, in ratifyins the affidavit subject him to dllbarment, ! BrieflJ" l'UIOD out your answer. V. (a) F is the leading law;ver in hi1 province. C, a resident of the same province, havinc a doubtful claim against P, another resident, consult with F, showing him papera and giving him facts relative to the claim. F thereafter tells C he believes that C does not have a case against P and politel;v refuses to handle the ease Subsequ.entq, C hirea the services of another laW)'er and files auit apinat P. P now approaches and aak F to represent him. (1) What eonaideratioil. may be Invoked tn support of F's aceeptanee of the reques~ that he represent P in the ease! (2) What consideration in contra may be in'lOked! (3) State whether the Supreme Court has decided any ·case with similar facts; and if so, give the ruling enuneiated. by the Court. (b) Suppoae that next month after the bar examinations are over but befo1'8 the reaults are published, you are engaged to repreaent the accused tn a criminal ease of damage to property throuch reeklesa imprudenee pending before the Municipal Court of Manila. Can you legally represent the accu1ed T Briefly explain ;rour answer. VI. (a) After a pre-trial was had in a civil cue, Judge B caaually state. the followinc to the attorney for· the plaintiff: "Atty. X, I do not believe in the veracity of or relevancy of your evidence. I advise you to compromise your eaae." COURT OF APPEALS ••• (ConUnUB<i frum pog• 60) leet to perform any duty specifieall:v enjoined. b;v law. .The petitioner alleges that it orally acquiesced to tbe .cross examination of its witne1s before a eomnUsaioner subject "to the proviso that in the event man,- legal questions or iBSUes arise dudng the eroq.uamination before th& commissioner, the same shall" be retunred to the court aa the commissioner is powerleaa to rule on them." However, the order of August 10, 1959 eompletel;v belies this allegation - which is probabl;v the reaaon why it is not among the annexes 1ubmitted with the petition, despite the fact that it is precisely the same order being questioned. Upon the other hand, it ('8.nnot be successfully denied that the principal isaue of Civil Case No. 36113 requires a tedioua examinatiori of a lengtl\;v and complicated account. Aside from the Pl60,000.00 for moral and exempla1-y damages and attorney's fees, the plaintiff therein, herein petitioner, asked for the p&Jlllent of P36,000.00 repruen:till&' its capital contribution to the filming of "Buhay at Pac--ibiel ni Dr.· Jose Rizal"; 1'31,000.00 represmting dam· ages due to padded production eoata; Pl0,000.00 repreaenting earned and eoncealed profits; and P60,000.00 for unrealized but expected profits. While the defendant therein, herein respondmt corporation, alleged that the total cost of the production of the film was not only P'l0,000.00 as previoual1 estimated, but PlOl,424.86 ; that ever;v item of expense is support.ed by invoices and vouchers; that the more than six months' sbowinc of the film in different theaters would require the report of the ticket aellei·1; and that the statement Of account .eovering all income and ezpen1es would demand the intervention and testimollJ' of public accountants. It is therefore indisputable that the respondent judp on his (1) Bu the judp eomnrltted - breach of judicial ethics! Ezplain you answer. (2) What remedy, if &DJ' does the plaintiff have? Explain. (a) A bua, dliven by X collided with and damaged the car of Y. In the criminal ease filed for ph)'sieal injuries and damage to the property through reckleaa Imprudence, Judge G acquitted the accused X. Subsequently, Y fi~ a civil action for damages against X. The civil case was auigned to the sala of Judp G. (1) Can Judge G be diaqualified from hearing the ei:ril ease! Briefly give your realOlls. (£) If X 1hould seek to disqualify Judp G, how should he go about it? VII. (a) SW, a woman married to FH, sold two parcels of land located in Quezon City for '20,000.00 to Mr. &: Mrs. AB. Prepare the notarial acknowledgment for a simple unilateral deed of absolute sale to eover the •transaction, supplJ'lng all neeesllll'1 data. "(b) Prepare a simple negotiable promissoey note with an acceleration clause. VIII. (a) Using your own facts, prepare a paragraph for inclusion in the articles of incorporation of a compaey . providing for It.a authorized capitalization. (b) Supplying your own facts, prepare a simple bill of exchange. IX. (a~ T is the owner of an apartment house. He leased apartment No. 2 to H for a year, tel'minatinc on JulJ 81, 1969. Although no atension to the lease waa granted, B refuaed to vacate. On Aupllt 16th, aa Attorney for T, you filed a complaint for ejeetment apinlt B. Reproduce your entire complaint. X. (a) Omittina' caption and title, and supplying all necessary facts, prepare the body of an tnfo1"111ation' 1eharging the accused with bi&'amy. Manila. Aukust 30, 1959 own motion arid even without the consent of the partlu, could have legall;v refened. the aforementioned civil case to the eomJnia.. 1loner direCtinc the latter to hear and report upon the entire Issue, pursuant to section 2 of the rule aforeeited. · WHEREFORE, the inltant petition is· denied and diemilsed, with costs against the petitioner. IT IS SO ORDERED. Di.on and Pefits, JJ., concurred. ---oOo---NO MONEY! A famous lawyer was called in to see a man in the county jail accused of murder. When he returned to his office, his 1eeretacy said, "Well, did you take the · ea1e, Mr. Blank!" "No, I didn't take it." "Why, didn't you think the man was justified in his acts!" 11MJ dear young lady,' 1aid the lawyer, "he certainly was not finaneially juatified in committing murder." - Na.pies (N.Y.) R ... rd. NONE WHATSOEVER Judge: This is a malpractice ease, and the defendant ia a doctor. Does that create any bias or prejUdice in you in any respeet; because the defendant is of that profession? Juro1·: No, Your Honor. Judge: What is your occupation? Juror: Undertaker. - MinttUOilll Bulletin. F"ebruat;v 29, 1960 LAWYERS IO'i!RNAL. ••