Fundamentals of Legal Research and Writing

Midterm Exams
First Semester (Calendar year 2017-2018)
Professor: Atty. Mary Jude Cantorias-Marvel

Non-Disclosure Agreement:

The Student shall (i) maintain the confidentiality of this Examination by ensuring
that the questions herein are NOT shared nor discussed, whether orally,
electronically, or in writing, to any third person; and (ii) take all reasonable action
to protect the confidentiality of this Examination.

The foregoing commitments shall not require a separate written agreement and by
taking this Examination, the Student warrants and represents to be bound by this
Non-Disclosure Agreement.

Instructions:

This is an “open book”/”sources” exam. You are given from 8am-5pm to work on
this project and turn in your paper via email to the class beadle. The beadle must
have received everyone’s work on August 23, on or before 6PM (email stamp
must reflect this time). The beadle will advise the Professor of any late
submission/s. For avoidance of doubt, a submission with time stamp of 6:01 PM
shall be deemed as “submitted late.”

Using what you have learned about legal research and the research process, you
must fill in the columns by providing all the information left blank in the table below.
You may use additional space as needed.

Each item is worth 10 points.

Representation and Warranty:

You are expected to independently work on this project. Thus, you must conduct
the research by yourself without consulting your classmates or asking anyone else
to help you. By turning in your paper, you represent and warrant that you worked
on this project independently and without any third party assistance. The Professor
reserves the right to confirm the source/s of your answers, through a panel
interview, at her sole discretion.

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Field of Facts Identify All Provide All Provide at
Law Legal Issue/s Applicable least 5
Statute/s Applicable
(be vey Case Laws
specific) with a
Summary of
each of the
Rulings
1. Clarito, an
employee of
Juan, was
dismissed for
allegedly stealing
Juan’s
wristwatch. In the
illegal dismissal
case instituted by
Clarito, the Labor
Arbiter, citing
Article 4 of the
Labor Code,
ruled in favor of
Clarito upon
finding Juan’s
testimony
doubtful. On
appeal, the NLRC
reversed the
Labor Arbiter
holding that
Article 4 applies
only when the
doubt involves
"implementation
and
interpretation" of
the Labor Code
provisions. The
NLRC explained
that the doubt
may not
necessarily be
resolved in favor
of labor since this
case involves the

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application of the
Rules on
Evidence, not the
Labor Code.

2. Your client Whether or not

Dianne Dianne can put
approaches you up another
for legal advice business which
on putting up a is a restaurant
medium- sized even she has
restaurant already an
business that will existing meat
specialize in a products
novel type of business.
cuisine. As
Dianne feels that
the business is a
little risky, she
wonders whether
she should use a
corporation as
the business
vehicle, or just
run it as a single
proprietorship.
She already has
an existing
corporation that is
producing meat
products
profitably and is
also considering
the alternative of
simply setting up
the restaurant as
a branch office of
the existing
corporation.
3. Grand Gas
Corporation, a
publicly listed
company,
discovered after
extensive drilling

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a rich deposit of
natural gas along
the coast of
Antique. For five
(5) months, the
company did not
disclose the
discovery so that
it could quietly
and cheaply
acquire
neighboring land
and secure
mining rights to
the land.
Between the
discovery and its
disclosure of the
information to the
Securities and
Exchange
Commission, all
the directors and
key officers of the
company bought
shares in the
company at very
low prices. After
the disclosure,
the price of the
shares went up.
The directors and
officers sold their
shares at huge
profits.

The employees of
the establishment
handling the
printing work of
Grand Gas
Corporation saw
the exploration
reports which
were mistakenly
sent to their

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establishment
together with
other materials to
be printed also
bought shares in
the company at
low prices and
later sold them at
huge profits.
4. ABC Bank
extended a credit
facility worth 8
million pesos in
favour of Smart
General
Construction, Inc.
(Smart). Spouses
Tan, as Chairman
and Vice-
President of
Smart, signed the
bank pro-forma
document of a
continuing
guaranty
agreement. The
contract, by its
language, is a
surety
agreement, which
provided for the
solidary liability of
the signatories as
security for the
loans with ABC
Bank. The
agreement also
provided for an
acceleration
clause waiving
the rights of the
sureties against
delay, including
giving consent to
ABC Bank to
extend time of

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payment of the
loan in favour of
Smart, without
need of notice to
the sureties.
ABC Bank,
pursuant to the
surety
agreement,
extended (on
several
occasions) the
due dates of the
obligations,
without notice to
the sureties. On
the last
extension, Smart
failed to pay
which prompted
ABC Bank to file a
complaint for
collection of
money against
Spouses Tan as
sureties on the
loan. ABC Bank
also attached
certain properties
of Smart.
However,
because of the
prohibitive costs
of the attachment
bond the bank
released its claim
on the attached
properties.
Spouses Tan
opposed the
collection against
them alleging that
the extensions of
due dates
granted to the
debtor by the

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creditor without
the consent of the
guarantor
extinguishes the
guaranty.
Likewise, they
allege that they
have been
discharged as
sureties on
account of the
Bank’s
abandonment of
the attached
properties.

5. In a protest
rally along Padre
Faura Street,
Manila, Pedrong
Pula took up the
stage and began
shouting "kayong
mga kurakot
kayo! Magsi-
resign na kayo!
Kung hindi,
manggugulo kami
dito!" ("you
corrupt officials,
you better resign
now, or else we
will cause trouble
here!”)
Simultaneously,
he brought out a
rock the size of a·
fist and
pretended to hurl
it at the flagpole
area of a
government
building. He did
not actually throw
the rock. (a)

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Police officers
who were
monitoring the
situation
immediately
approached
Pedrong Pula
and arrested him.
He was
prosecuted for
seditious speech
and was
convicted. On
appeal, Pedrong
Pula argued he
was merely
exercising his
freedom of
speech and
freedom of
expression
guaranteed by
the Bill of Rights.

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6. Surveys
Galore is an outfit
involved in
conducting
nationwide
surveys. In one
such survey, it
asked the people
about the degree
of trust and
confidence they
had in several
institutions of the
government.
When the results
came in, the
judiciary was
shown to be less
trusted than most
of the
government
offices. The
results were then
published by the
mass media.
Asuncion, a trial
judge, felt
particularly
offended by the
news. He then
issued a show-
cause order
against Surveys
Galore directing
the latter to
explain why it
should not be
cited in contempt
for conducting the
survey and
publishing the
results, which
were unflattering
and degrading to
the dignity of the
judiciary.

9
 Surveys Galore
immediately
assailed the
show-cause
order.

Criminal 7. Ms. A had been Whether or not Requisites

law married to Mr. B ms.a can claim of self-
for 10 years. for a complete defense: 1.
Since their self-defense. Unlawful
marriage, Mr. B aggression
had been jobless 2.
and a drunkard, Reasonable
preferring to stay necessity of
with his the means
“barkadas” until employed
the wee hours of by the
the morning. Ms. person
A was the defending
breadwinner and himself
attended to the 3. Lack of
needs of their sufficient

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three (3) growing provocation
children. Many on the part
times, when Mr. B of the
was drunk, he person
would beat Ms. A defending
and their three (3) himself.
children, and
shout invectives
against them. In
fact, in one of the
beating incidents,
Ms. A suffered a
deep stab wound
on her tummy
that required a
prolonged stay in
the hospital. Due
to the beatings
and verbal
abuses
committed
against her, she
consulted a
psychologist
several times, as
she was slowly
beginning to lose
her mind. One
night, when Mr. B
arrived dead
drunk, he
suddenly stabbed
Ms. A several
times while
shouting
invectives against
her. Defending
herself from the
attack, Ms. A
grappled for the
possession of a
knife and she
succeeded. She
then stabbed Mr.
B several times
which caused his

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instantaneous
death. Medico-
Legal Report
showed that the
husband suffered
three (3) stab
wounds.

8. A and B Whether or not

executed an the contract of
option contract sale executed
whereby A by A to B is
unconditionally valid.
agreed to sell to B
a parcel of land
with the Can B compel
understanding A to accept the
that A’s obligation payment?
to sell shall be
deemed expired
should B fail to
exercise his
option to buy the
subject property
within 90 days
from the
execution of the
option
agreement. B
paid no
consideration for
the option. The
option contract
was nonetheless
accepted by A
and B as
evidenced by
their signatures
thereon. Before
the expiry of the
90 days, B made
several tenders of
payment to A
who, for unknown
reasons, rejected
the payment. B

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then deposited
said amount with
the appropriate
RTC and
commenced
against A an
action for specific
performance and
damages. B
sought relief for
the RTC to order
A to accept the
sum judicially
consigned by B
and to execute
the
corresponding
Deed of Sale. A
counters that the
option contract
was not binding
for lack of
consideration
therefore.

9. Spouses Whether or not

Pedrito obtained the spouses are
a loan with XYZ solidarity or
bank for the jointly liable for
purchase of a the loan they
motor vehicle. To secured in the
secure the loan, XYZ bank to
the spouses purchase a
executed a motor vehicle.
Promissory Note
for the amount of
the loan and a
Chattel Mortgage Whether or not
over the subject the sale of
vehicle in favour motor vehicle
of XYZ Bank. subject of the
While the loan chattel
with XYZ Bank mortgage to
remained senorita
outstanding, santibanes is
Spouses Pedrito valid.

13
sold the vehicle
subject of the
Chattel Mortgage
to Señorita Whether or not
Santibañez, who senorita
was willing to santibanes is
assume the liable to pay the
mortgage. After loan secured by
furnishing XYZ the spouses.
Bank with a copy
of the Deed of
Sale, Señorita
issued a check
payable to XYZ
bank. Thereafter, Whether or not
XYZ Bank the XYZ Bank is
merged with ABC still continue to
Bank where all exist when
the assets and merged with
liabilities of XYZ ABC Bank.
Bank was
transferred and
absorbed by ABC
Bank. Señorita
then started
paying the
balance on the
loan but no
amendment of
laon documents
were executed to
reflect Señorita
as the new
borower.
Thereafter,
Señorita
defaulted on her
payments which
compelled ABC
Bank to demand
payment from
Spouses Pedrito
for the remaining
balance of the PN
or to return
possession of the

14
subject vehicle
for purposes of
extrajudicial
foreclosure as
part of the
undertaking in the
chattel mortgage
agreement.
When Spouses
Pedrito failed to
comply with ABC
Bank’s demands,
the bank filed a
complaint for
replevin or in the
alternative, for
the collection of
sum of money.
Spouses Pedrito
claim that there
was valid
novation that
extinguished the
original obligation
with XYZ Bank.
10. Assume that Whether or not
you are a it is
member of the constitutional to
legal staff of put up a hotel
Senator Jon inside the jail
Snow who wants for the national
to file a bill about wealth
imprisonment at purposes.
the National
Penitentiary in
Muntinlupa. He
wants to make
the State prison a
revenue earner
for the country
through a law
providing for
premium
accommodations
for prisoners
(other than those

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under maximum
security status)
whose wives are
allowed conjugal
weekend visits,
and for those who
want long-term
premium
accommodations.
For conjugal
weekenders, he
plans to rent out
rooms with hotel-
like amenities at
rates equivalent
to those charged
by 4-star hotels;
for long-term
occupants, he is
prepared to offer
room and board
with special
meals in air
conditioned
single-occupancy
rooms, at rates
equivalent to
those charged by
3-star hotels.
What advice will
you give the
Senator from the
point of view of
criminal law,
taking into
account the
purpose of
imprisonment
and
considerations of
ethics and
morality?

nothing
follows

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