Patrick Ramos

Exercise III

Oct. 22, 2014

1.) Yes. The Second Law of Motion which Newton innovated would fall under the
classification of Non-Patentable Inventions as enumerated in R.A. 8293. R.A.
8293 Section 22 provides:1
Section 22. Non-Patentable Inventions. - The following shall be excluded from PATENT PROTECTION
:
22.1. Discoveries, scientific theories and mathematical methods;
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods
practiced on the human or animal body. This provision shall not apply to products and composition for use
in any of these methods;
22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or
animals. This provision shall not apply to micro-organisms and non-biological and microbiological
processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing
sui generis protection of plant varieties and animal breeds and a system of community intellectual rights
protection:
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality.

Since Newtons Second Law of Motion falls under the enumeration, specifically sub
section 1, in the aforementioned law, then the Intellectual Property Office is correct in
denying his application.

2.) Yes. The action of the sheriff is covered by the Bulk Sales Law provided that he
comply with the requirements set forth in the said law. The requirement stated in
the law is the production of a written statement containing the names and amount
of debt of each creditor. Section 3 of Republic Act No. 3952 provides:2
It shall be the duty of every person who shall sell, mortgage, transfer, or assign any stock of goods,
wares, merchandise, provisions or materials in bulk, for cash or on credit, before receiving from the
vendee, MORTGAGEE , or his, or its agent or representative any part of the purchase price thereof, or
any promissory note, memorandum, or other evidence therefor, to deliver to such vendee, mortgagee, or
agent, or if the vendee, mortgagee, or agent be a corporation, then to the president, vice-president, treasurer,
secretary or manager of said corporation, or, if such vendee or mortgagee be a partnership firm, then to a
member thereof, a written statement, sworn to substantially as hereinafter provided, of the names and
addresses of all creditors to whom said vendor or mortgagor may be indebted, together with the amount of
1
2

Republic Act No. 8293

Republic Act No. 3952

indebtedness due or owing, or to become due or owing by said vendor or mortgagor to each of said
creditors, which statement shall be verified by an oath to the following effect

Provided that the Sheriff comply with this requirement, then the levying and
auctioning of the photocopying machines is covered by the Bulk Sales law.
3.) Liv Mia Alonne is correct. It can be found in Republic Act No. 8791 that there is
a restriction on Bank Exposure to Directors, Officers, Stockholders and their
related interests. Section 36 of R.A. 8791 provides3
No director or officer of any bank shall, directly or indirectly, for himself or as the representative or agent
of others, borrow from such bank nor shall he become a guarantor, endorser or surety FOR LOANS from
such bank to others, or in any manner be an obligor or incur any contractual liability to the bank except
with the written approval of the majority of all the directors of the bank, excluding the director concerned:
Provided, That such written approval shall not be required for loans, other credit accommodations and
advances granted to officers under a fringe benefit plan approved by the Bangko Sentral. The required
approval shall be entered upon the records of the bank and a copy of such entry shall be transmitted
forthwith to the appropriate supervising and examining department of the Bangko Sentral.

However, this restriction is not absolute because there is an exception provided by the
statute. The law states that if that the exception to the rule is a written approval of the
majority of all the directors of the bank. Nevertheless, Liv Mia Alonne is correct in
denying the application of Severa barring any presentation of a written approval by
majority of the directors of the bank.
4.) Republic Act No. 7167 provides the personal exemption and additional exemption
that married people, head of a family or a single individual may claim. In the case of
Vernon, he is legally entitled to a personal exemption of Php 12,000.00 with an
additional exemption of Php 15,000.00. Section 1 of the said act provides:4
(l) Personal exemptions allowable to individuals. (1) Basic personal exemption. For the purpose of
determining the tax provided in Section 21(a) of this Title, there shall be allowed a basic personal
exemption as follows:
"For head of a family P12,000.

Furthermore, the said act provides for the additional exemption that an individual like Vernon
may claim based on the number of his dependents. Section 2 of the act provides:
A married individual or a head of family shall be allowed an additional exemption of Five thousand pesos
(P5,000) for each dependent: Provided, That the total number of dependents for which additional
exemptions may be claimed shall not exceed four dependents

Since Vernon is not legally married to Bellatrix, then he cannot avail of the exemption of
a married individual but only that of a head of a family (Php 12,000.00) Additionally,
Vernon has two children from his previous marriage and one child from the arrangement
that he has with Bellatrix. Since he has a total of three (3) dependents, then he is entitled
to an additional exemption of Php 15,000.00 ( Php 5,000.00 for each dependent).

3
4

Republic Act No. 8791

Republic Act No. 7167

5.) Yes. It is provided in Article 39 of the Civil Code that the civil personality of a person
is not absent but merely limited on the occasion of the condition of being a blind, deafmute. Article 39 of the Civil Code states:5
The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the
state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and
trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of
Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.

Since the condition of Narcissa falls under the enumeration of the law, then Lucius can
legally contract marriage with Narcissa because her condition only modifies or limits the
capacity to act but does not make her unable to act.
6.) No. It is provided in the Family Code of the Philippines that a de facto separation does
not affect the conjugal assets. In fact, the Code provides that once legal separation is filed
and thereafter granted, the conjugal property will be divided between the spouses. Article
100 of the Family Code provides:6
The separation in fact between husband and wife shall not affect the regime of absolute community except

that:
(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have
the
right
to
be
supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization
shall
be
obtained
in
a
summary
proceeding;
(3) In the absence of sufficient community property, the separate property of both spouses shall be
solidarily liable for the support of the family. The spouse present shall, upon proper petition in a summary
proceeding, be given judicial authority to administer or encumber any specific separate property of the
other spouse and use the fruits or proceeds thereof to satisfy the latter's share. (178a)

If the Legal separation decree is granted, then the conjugal property will be terminated
which would result to the shares of the spouses being given to them thus Helga cannot
sue for her half of the conjugal assets but it will be given through a proper judicial
proceeding as provided in Article 102 of the Family Code.7
Upon dissolution of the absolute community regime, the following procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties of the absolute community and the
exclusive
properties
of
each
spouse.
(2) The DEBTS and obligations of the absolute community shall be paid out of its assets. In case of
insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate
properties in accordance with the provisions of the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of
them.
(4) The net remainder of the properties of the absolute community shall constitute its net assets, which shall
be divided equally between husband and wife, unless a different proportion or division was agreed upon in
5

Civil Code of the philiipines

Article 100 of the Family Code
7
Article 102 of the Family Code
6

the marriage settlements, or unless there has been a voluntary waiver of such share provided in this Code.
For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and
63, No. (2), the said profits shall be the increase in value between the market value of the community
property at the time of the celebration of the marriage and the market value at the time of its dissolution.
(5) The presumptive legitimes of the common children shall be delivered upon partition, in accordance with
Article
51.
(6) Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling and
the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common
children choose to remain. Children below the age of seven years are deemed to have chosen the mother,
unless the court has decided otherwise. In case there in no such majority, the court shall decide, taking into
consideration the best interests of said children. (n)

7.) Yes. It is stated in Section 602 of Republic Act No. 1937 the various powers and
functions of the Bureau of Customs. Section 602 of Republic Act No. 1937 provides: 8
The general duties, powers and jurisdiction of the bureau shall include:
a. The assessment and collection of the lawful revenues from imported articles and all other dues, fees,
charges, fines and penalties accruing under the tariff and customs laws.
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virtual
law
library
b. The prevention and suppression of smuggling and other frauds upon the customs.
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c. The supervision and control over the entrance and clearance of vessels and aircraft engaged in foreign
commerce.
d. The general supervision, control and regulation of vessels engaged in the carrying of passengers and
freight or in towage in coastwise trade and in the bays and rivers of the Philippines.
e. The prohibition and suppression of unnecessary noises, such as explosion of gasoline engines, the
excessive blowing of whistles or sirens, and other needless and disturbing sounds made by water craft in
the ports of the Philippines or in parts of rivers included in such ports.
f. The exclusion, if the conditions of traffic should at any time so require, of vessels of more than one
hundred and fifty tons from entering, berthing or mooring in the Pasig River.
g. The admeasurement, registration, documenting and licensing of vessels built or owned in the Philippines,
the recording of sales, transfers and encumbrances of such vessels, and the performance of all the duties
pertaining to marine registry.
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h. The inspection of Philippine vessels, and supervision over the safety and sanitation of such vessels.
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i. The enforcement of the lawful quarantine regulations for vessels entering Philippine ports.
j. The enforcement of the tariff and customs laws and all other laws, rules and regulations relating to the
tariff and customs administration.
k. The licensing of marine officers who have qualified in the examination required by law to be carried on
Philippine vessels, the determination of the qualifications of pilots, the regulation of this service, and the
fixing of the fees which they may charge.

Republic Act No. 1937

l. The supervision and control over the handling of foreign mails arriving in the Philippines, for the purpose
of the collection of the lawful duty on dutiable articles thus imported and the prevention of smuggling
through the medium of such mails.

Since the power of assessing custom duties is included in the enumeration of the powers
of the Bureau of Customs, then the latter is correct.
8.) Edgardo committed the crime of homicide with a mitigating circumstance of passion
or obfuscation. Article 13 of the Revised Penal Code provides9
Mitigating circumstances. The following are mitigating circumstances.
That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation

Since Edgardo committed the crime of homicide immediately after finding out that his
best friend was having sexual intercourse with his wife, then he is entitled to a mitigating
circumstance of passion or obfuscation. This would mean that he has incurred criminal
liability but his sentence will be lowered or will be applied in its minimum period barring
any aggravating circumstance.

10.) No. The definition of a financier of terrorism is found in Section 4 of Senate Bill
2676. Section 4 of Senate Bill 2676 provides: 10
Terrorist Financing. - Any person who. directly or indirectly, willfully and unlawfully, provides, collects
or uses property or funds or makes available property, funds, financial service or other related services, by
any means, with the intention that these should be used or in the knowledge that these will be used, in full
or in part: (a) to carry out acts of terrorism; (b) by a terrorist entity or organization; or (c) by an individual
terrorist; shall be guilty of the crime of terrorist financing and II shall suffer the penalty of reclusion
temporal in its maximum period to reclusion
perpetua and a fine of not less than Five Hundred Thousand Pesos (J4 500,000.00) nor more than One
Million Pesos (J4 1,000,000.00).
For purposes of this Act, knowledge may. be established by direct evidence or inferred from the attendant
circumstances

Since Paz honestly believed that the donation made each month to the MCCFP was for an
intention contrary to terrorist operations, then Paz cannot be labeled as a financier of
terrorism according to the definition stated in the bill.
11.)Yes. Under Article 2216 of the New Civil Code of the Philippines, moral damages
are one of those other damages which may be awarded by the court in their discretion.
Clear showing of evidence must be present in order to establish the damage done in order
to establish the proper compensation. Article 2217 defines moral damages and provides:11
Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of
pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's
wrongful act for omission.

Revised Penal Code of the Philippines

Senate Bill 2676
11
Article 2217 of the New Civil Coe of the Philippines
10

Since Manuel attacked the reputation of the First Premiere Universal Bank, then it
can be considered as a manifestation of a besmirched reputation (as seen from the
withdrawal of deposits) which would include it in the enumeration made by the Code as
to what would make up moral damages thus the bank is entitled to moral damages.
12.) The Bureau of Internal Revenue must only assess twenty percent (20%) from the
winnings of Mr. Manalo. This is in accordance with the Tax Code or Republic Act No.
8424. Section 24 (b) of the said Act provides12:
Rate of Tax on Certain Passive Income.
(1) Interests, Royalties, Prizes, and Other Winnings. - A final tax at the rate of twenty percent (20%) is
hereby imposed upon the amount of interest from any currency bank deposit and yield or any other
monetary benefit from deposit substitutes and from trust funds and similar arrangements; royalties, except
on books, as well as other literary works and musical compositions, which shall be imposed a final tax of
ten percent (10%); prizes (except prizes amounting to Ten thousand pesos (P10,000) or less which shall be
subject to tax under Subsection (A) of Section 24; and other winnings (except Philippine Charity
Sweepstakes and Lotto winnings), derived from sources within the Philippines: Provided, however, That
interest income received by an individual taxpayer (except a nonresident individual) from a depository
bank under the expanded foreign currency deposit system shall be subject to a final income tax at the rate
of seven and one-half percent (7 1/2%) of such interest income: Provided, further, That interest income
from long-term deposit or investment in the form of savings, common or individual trust funds, deposit
substitutes, INVESTMENT MANAGEMENT accounts and other investments evidenced by certificates
in such form prescribed by the Bangko Sentral ng Pilipinas (BSP) shall be exempt from the tax imposed
under this Subsection: Provided, finally, That should the holder of the certificate pre-terminate the deposit
or investment before the fifth (5th) year, a final tax shall be imposed on the entire income and shall be
deducted and withheld by the depository bank from the proceeds of the long-term deposit or investment
certificate based on the remaining maturity thereof

Since Mr. Manalo won the money from gambling, then it is covered by the
aforementioned section of the said Republic Act. Under this section, the law states that
only twenty percent (20%) will be collected as percentage tax from winnings/prizes by an
individual.

13.) No. It is stated in Republic Act No. 9160 those who may be prosecuted for moneylaundering. Section 4 of Republic Act No. 9160 provides: 13
SEC. 4. Money Laundering Offense. Money laundering is a crime whereby the proceeds of an
unlawful activity are transacted, thereby making them appear to have originated from legitimate sources. It
is committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the
proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property.

12
13

Republic Act No. 8424

Republic Act No. 9160

(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful
activity, performs or fails to perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed
and filed with the Anti-Money Laundering Council (AMLC), fails to do so.

Since Gloria knew that Lo was a rich drug dealer, then she would have known that the
money that was being transferred was from an unlawful activity. The fact that Gloria did
not finish elementary does not help her cause because knowing what is prohibited by law
does not require superior knowledge but only a moral conscience which everyone
inherently has.

14.) Yes. It is provided in Article 26 of the Family Code that a Filipino citizen may

remarry if the other spouse validly obtained a decree of divorce abroad entitling him/her
to remarry. Article 26 of the Family Code provides: 14
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country, except
those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall
have capacity to remarry under Philippine law.

Provided that the divorce is validly obtained in Australia by Bayani, which entitles
him to remarry again, then Marian can remarry in accordance with the provision of
Article 26 of the Family Code.
15.) The property now legally belongs to Gerardo since it is his area wherein the onehectare plot now resides. However Perfecto may acquire it by paying the same value
thereof. This is provided in Article 460-461 of the New Civil Code of the Philippines.
Articles 460 and 461 provide: 15
Art. 460. Trees uprooted and carried away by the current of the waters belong to the owner of the land
upon which they may be cast, if the owners do not claim them within six months. If such owners claim
them, they shall pay the expenses incurred in gathering them or putting them in a safe place. (369a)
Art. 461. River beds which are abandoned through the natural change in the course of the waters ipso facto
belong to the owners whose lands are occupied by the new course in proportion to the area lost. However,
the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value
thereof, which value shall not exceed the value of the area occupied by the new bed.

Since the plot is now in the residence of Gerardo then he claims ownership over it but
Perfecto may still acquire it in accordance with the aforementioned articles.

14
15

Article 26 of the Family Code

Article 460 and 461 of the New Civil Code

1. Lucas Skyfaller Salomagui owns an agricultural land with an area of four hectares,
situated in Camalaniugan, Cagayan, along a winding curve of the Cagayan River. Through
time, sediments built up on one side of his property, particularly along the bend. In
twenty years, the accretions area measured four hectares. Bamboo, coconut, guava,
and mango trees now lined the new river bank, indicating the fertility of the new land.
Who is the rightful owner of this sediment build-up: the State or Lucas? Cite and quote
your statutory basis.

16.) The sediment build-up rightfully belongs to the State in accordance with Article 462
of the New Civil Code of the Philippines. Article 462 of the New Civil Code reads: 16
Art. 462. Whenever a river, changing its course by natural causes, opens a new bed through a private
estate, this bed shall become of public dominion.

Since the build-up is in a new fertile land, the provision of Article 462 provides that it
will be of public domain thus the sediment build-up along Cagayan River is rightfully
owned by the State.
17.) Yes. The newly-married couple may own a condo unit registered in their names
provided that it be in line with Republic Act No. 4726. Section 5 of Republic Act No.
4726 provides:17
Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include
the transfer or conveyance of the undivided interests in the common areas or, in a proper case, the
membership or shareholdings in the condominium corporation: Provided, however, That where the
common areas in the condominium project are owned by the owners of separate units as co-owners thereof,
no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens, or
corporations at least sixty percent of the capital stock of which belong to Filipino citizens, except in cases
of hereditary succession. Where the common areas in a condominium project are held by a corporation, no
transfer or conveyance of a unit shall be valid if the concomitant transfer of the appurtenant membership or
stockholding in the corporation will cause the alien interest in such corporation to exceed the limits
imposed by existing laws

As long as the overall share of the foreigners will not exceed the limit imposed by law
(40% ownership) then the newly-married couple may own a condo unit in Fort Bonifacio
Global City.
19.) No. They cannot be considered as domestic helpers under Republic Act No. 10361
Section 4. Section 4 sub-letter D of Republic Act No. 10361 provides: 18
(d) Domestic worker or "Kasambahay" refers to any person engaged in domestic work within an
employment relationship such as, but not limited to, the following: general househelp, nursemaid or "yaya",
cook, gardener, or laundry person, but shall exclude any person who performs domestic work only
occasionally or sporadically and not on an occupational basis.

16

Article 462 of the New Civil Code

Republic Act No. 4726
18
Section 4 of Republic Act No. 10361
17

Since Aling Dionesia and Mang Minggoy only work three times in a week, then they
cannot be considered as domestic workers because the law expressively excludes those
who work occasionally or sporadically
20.) The appellant should file within fifteen (15) days from notice of the decision of the
Regional Trial Court. The appellant should follow the rules and procedures laid down in
Rule IV of the Internal Rules of the Court of Appeals. Section 1-3 of Rule IV of the
Internal Rules of the Court of Appeals provides19
Section 1. How Taken. The appeal to the Court in cases decided by the Regional Trial Court in the
exercise of its original jurisdiction shall be taken by filling a notice of appeal with the court which rendered
the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on
appeal shall be required except in special proceedings and other cases of multiple or separate appeals where
the law or the Rules of Court so require. In such cases, the record on appeal shall be filed and served in like
manner. (Sec. 2(a), Rule 41, RCP)
Section 2. Title of Cases. In all cases appealed to the Court under Rule 41 of the Rules of Court, the title
of the case shall remain as it was in the court of origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the appellee. (Sec. 1, Rule 44, RCP)
Section 3. Period of Ordinary Appeal. The appeal shall be taken within fifteen (15) days from notice of
the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a
notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order.
(Sec. 3, Rule 41, RCP)
The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for
extension of time to file a motion for new trial or reconsideration shall be allowed

Thus, in line with the procedure laid down in the aforementioned statute, an appellant
must file an appeal within fifteen (15) days from the decision of the Regional Trial or
within thirty (30) days.
21.) No. The ones correct are Anton and Kakai. In accordance with Section 52 of the Tax
Code, it is not the employees who will file the income tax return but rather it is the
President, vice president or other principal officer. Section 52 of the Tax Code provides:
20

A) Requirements. - Every corporation subject to the tax herein imposed, except foreign corporations not
engaged in trade or business in the Philippines, shall render, in duplicate, a true and accurate quarterly
income tax return and final or adjustment return in accordance with the provisions of Chapter XII of this
Title. The return shall be filed by the president, vice-president or other principal officer, and shall be sworn
to by such officer and by the treasurer or assistant treasurer.

19
20

Internal rules of the court of appeals

Section 52 of Tax Code

22.) Yes. Bert Simpson is legally not allowed to use his car at the time he was flagged
down by the traffic enforcer. Section 2 of the Memorandum Circular No. 03 Series of
2011 provides:21
The Unified Vehicular Volume Reduction Program (UVVRP) under MMDA Regulation No. 96-005,
applies to all motor vehicles, both public and private, and prohibits the operations of same in all national,
city and municipal roads of Metro Manila from 7:00 a.m. to 7:00 p.m. during corresponding days of the
week, except on Saturdays, Sundays and Official Public Holidays, depending on the last digit of the
vehicle's LICENSE
PLATE as
indicated
herein
below.
License plates include Vanity License Plates (VLP) and the Optional Motor VEHICLE SPECIAL Plates
(OMVSP) issued by the Land Transportation Office (LTO) and, for the purpose of implementation of the
UVVRP, the last numerical digit of the same shall determine the day the vehicle is covered by the UVVRP.
Without prejudice to applicable LTO rules on the matter, the last digit of the unexpired and valid
conduction stickers issued by the LTO to newly acquired vehicles shall be considered in the
implementation of the UVVRP.
Plate

Ending Ban

1
and
3
and
5
and
7
and
9 and 0

Days

2 Mondays
4 Tuesdays
6 Wednesdays
8 Thursdays
Fridays

Since his plate number ends with 1 and it was a Monday morning, Bert is legally not
allowed to use his car from 7:00 a.m. to 7:00 p.m. as provided in Memorandum Circular
No. 03.
17. Allan, a resident of Navotas, wants to file a civil complaint to recover P500,000.00 from
Byron, a resident of Malabon, based on a contract of loan executed between them in
Valenzuela. His lawyer, Ryan Decidido, advised him that the Regional Trial Court (RTC)
has jurisdiction over his complaint because the amount involved exceeds P200,000.00.
However, Atty. Decidido is unsure about the proper venue of the suit. Decide in which
RTC Allans civil complaint should be filed. Cite and quote your statutory basis.

23.) The proper venue for the civil complaint should be in Navotas. This is in accordance
with Rule IV Section 2 of the 1997 Rules of Civil Procedure. Rule IV Section 2 of the
1997 Rules of Civil Procedure provides: 22
Section 2. Venue of personal actions. All other actions may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants
resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff. (

Since Allan is a resident of Navotas and he would be the plaintiff in the case at bar, then
the civil complaint should be filed in his residence; Navotas.

21
22

Section of Memorandum Circular No. 03 Series of 2011

Rule IV of 1997 Civil Procedure

25.) Rule 138 on Attorneys and Admission to Bar expressly provides the requirements for
one to be admitted into the practice of law in the Philippines. The rule gives several cases
wherein an individual may be admitted into law (either a Filipino national or from other
jurisdiction etc.) Rule 138 Section 2, 3,4 and 5 provides: 23
Sec. 2. Requirements for all applicants for admission to the bar. - Every applicant for admission as a
member of the bar must be a citizen of the Philippines, at least twenty-one years of age, of good moral
character, and a resident of the Philippines; and must produce before the Supreme Court satisfactory
evidence of good moral character, and that no charges against him, involving moral turpitude, have been
filed or are pending in any court in the Philippines. chan robles virtual law library
Sec. 3. Requirements for lawyers who are citizens of the United States of America. - Citizens of the United
States of America who, before July 4, 1946, were duly licensed members of the Philippine Bar, in active
practice in the courts of the Philippines and in good and regular standing as such may, upon satisfactory
proof of those facts before the Supreme Court, be allowed to continue such practice after taking the
following oath of office.
Sec. 4. Requirements for applicants from other jurisdictions. - Applicants for admission who, being
Filipino citizens, are enrolled attorneys in good standing in the Supreme Court of the United States or in
any circuit court of appeals or district court therein, or in the highest court of any State or Territory of the
United States, and who can show by satisfactory certificates that they have practiced at least five years in
any of said courts, that such practice began before July 4, 1946, and that they have never been suspended or
disbarred, may, in the discretion of the Court, be admitted without examination.
Sec. 5. Additional requirements for other applicants. - All applicants for admission other than those
referred to in the two preceding sections shall, before being admitted to the examination, satisfactorily
show that they have regularly STUDIED LAW for four years, and successfully completed all prescribed
courses, in a law school or university, officially approved and recognized by the Secretary of Education.
The affidavit of the candidate, accompanied by a certificate from the university or school of law, shall be
filed as evidence of such facts, and further evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following
courses in a law school or university duly recognized by the government: civil law, commercial law,
remedial law, criminal law, public and private international law, political law, labor and social legislation,
medical jurisprudence, taxation and legal ethics.

Thus, these are the requirements that one has to comply with before being admitted into
the practice of law in the Philippines.

23

Rule 138 on Attorneys and Admission to Bar