Question B.12, 2019 Legal Ethics Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.12.

(Question B.12, Civil Law, 2019 Bar Exam)

D, an Overseas Filipino Worker, was on his way home to the Philippines after working for so many years in the Middle East. He had saved ₱100,000.00 in his local savings account which he intended to use to start up a business in his home country. On his flight home, tragedy struck as a suicide bomber blew up the plane. All the passengers, including D, died. He left behind his widowed mother M; his common-law wife, W, who is the mother of his twin sons, T and S; and his brother, B. He left no will, no debts, no other relatives, and no other properties except the money in his savings account.

Who are the heirs entitled to inherit from D and how much should each receive? Explain. (5%)

Suggested Answer:

The heirs of D are:

1) M, the widowed mother; and

2) T and S, the illegitimate children.

They shall receive the following:

1) Php50,000.00 – to M, the widowed mother;

2) Php25,000.00 – to T, an illegitimate child; and

3) Php25,000.00 – to S, an illegitimate child.

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

B. Privileges, inhibitions, and disqualifications

Frequency: ★★★★★ | Probability: ★★★★☆ 1. Privileges a. Presidential immunity Concurrent with incumbency. The presidential immunity from suit exists only in concurrence with the president’s

J. Rules of succession

Frequency: ★★★★★ | Probability: ★★★☆☆ 1. President a. Vice-President 1) Issues with the election of the President a. President-elect fails to qualify. If the President-elect

C. Anti-Graft and Corrupt Practices Act

Frequency: ★★★★☆ “Government” – includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic

K. Anti-Wire Tapping Act

1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken

M. Comprehensive Dangerous Drugs Act of 2002

Frequency: ★★★★☆ 1. Crimes a. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals 1st Mode 1)

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

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