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Philippine Bar Exams

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Philippine Law Latest

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CIR VS. ANSCOR- Income Subject…

GENERAL RULE: A stock dividend representing the transfer of surplus to capital account shall not be subject to tax. EXCEPTION: The redemption or cancellation of stock dividends, depending on the "time" and "manner"...

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COLLECTOR VS. HENDERSON- Renta…

Rental allowances and travel allowances by a company are not part of taxable income. FACTS: • Sps. Arthur Henderson and Marie Henderson filed their annual income tax with the BIR. Arthur is president of American I...

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FARMERS & MERCHANTS BANK v…

FACTS: • Petitioner, a corporation, was engaged in the banking within the district of the Federal Reserve Bank of Cleveland, Ohio. It was the custom of petitioner to make a charge for the collection of checks on fo...

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COMMISSIONER VS. GLENSHAW GLAS…

  “Income from whatever source” includes award of damages received by a winning party in a case.   FACTS: • Glenshaw manufactures glass bottles and containers. Hatford- Empire company manufactures the machines u...

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JAMES V. US- Taxable Income

If a taxpayer receives income , legally or illegally, without consensual recognition of obligation to repay, that income is automatically taxable.   FACTS: • The defendant, Eugene James, was an official in a labo...

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GUTIERREZ VS. COLLECTOR- Tax o…

It appears then that the acquisition by the Government of private properties through the exercise of the power of eminent domain, said properties being JUSTLY compensated, is embraced within the meaning of the term ...

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BRADFORD VS. CIR- Realized Inc…

The Rail Joint Co. case is identical in principle with the present case. In that case, a corporate taxpayer, after a reappraisal of its assets, distributed a dividend consisting of its own debenture bonds. In a subs...

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Exact Tax Benefit Rule- PERRY …

In Perry v. United States, 160 F. Supp. 270 (Ct. Cl. 1958), the Court of Claims adopted an "exact tax benefit" rule, under which the recovery was taxed at the rate that was applicable to the deduction; it later over...

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Fernandez Hermanos, Inc. VS. C…

That the circumstances are such that the method does not reflect the taxpayer ’ s income with reasonable accuracy and certainty and proper and just additions of personal expenses and other non-deductible expenditure...

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COMMISSIONER VS. JAVIER- Claim…

Claim of right doctrine or doctrine of ownership, command or control- In this case, Javier is not liable for fraud penalty because the “income” he received is not yet a taxable gain since it is still under litigatio...

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COMMISSIONER OF INTERNAL REVEN…

Gross receipts subject to tax under the Tax Code do not include monies or receipts entrusted to the taxpayer which do not belong to them and do not redound to the taxpayer's benefit. FACTS: -- petition to review on...

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RAYTHEON PRODUCTION VS. CIR- T…

The determining factor is the NATURE of the basic claim from which the compromised amount was realized. FACTS: Raytheon (original company) was a pioneer manufacturer of rectifier tubes which are used in radio rece...

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  • Miriam Santiago lecturing in the Senate. Comparing the Estrada impeachment with the CJ Corona impeachment.
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SUGGESTED ANSWERS …

ANSWERS TO BAR EXAMINATION QUESTIONS IN POLITICAL LAW ARRANGED BY TOPIC (1990 – 2006) Edited and Arranged by:Silliman University College of Law Batch 2005Updated by:DondeeD’ BAR-Retake 2007 From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX & PHILIPPINE ASSOCIATION OF LAW SCHO...

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Oral Defamation l S…

Kinds and Definition of Slander or Oral Defamation   Definition: Speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood   Two kinds of oral or verbal defamation: (1) Grave Slander (2) Simple Slander   A. Factor...

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Article I – THE NAT…

Article I – THE NATIONAL TERRITORYThe national territory of the Philippines comprises:1) the Philippine archipelago;2) all other territories over which the Philippines has sovereignty or jurisdictionPHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of...

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When solidary debto…

When solidary debtor who pays is entitled to reimbursement.If a solidary debtor pays the obligation in part, he can recover reimbursement from the co-debtors only in so far as his payment exceeded his share in the obligation. This is precisely becaus...

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Illegal Considerati…

Lorenzo drew a bill of exchange in the amount of P100,000.00 payable to Barbara or order, with his wife, Diana, as drawee. At the time the bill was drawn, Diana was unaware that Barbara is Lorenzo’s paramour. Barbara then negotiated the bill to her s...

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Crimes Against Prop…

The major classification includes the following: 1. Robbery: a). With Violence or Intimidation   Against Persons ( Hold-up) b). With Fore Upon Things ( Break-In)   2. Theft a). Simple b). Qualified   3.Estafa   4. Malicious Mischief a). Or...

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Right to Strike

SSSEA v. CA – right to strike – At present, in the absence of any legislation in government employees the right to strike, recognizing their right to do so, or regulating the exercise of such right, they are prohibited form striking by express prohi...

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People vs. Tolentin…

G.R. No. 176385, February 26, 2008 FACTS: On 13 February 1998, three separate informations of Murder and two counts of Frustrated Murder were filed before the RTC against appellants, together with accused Jimmy Trinidad and Arnel Trinidad. The murd...

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Perfection Of A Con…

In Oesmer, Jr., et al. v. Paraiso Dev. Corp., G.R. No. 157493, February 5, 2007, a contract to sell was entered into by the owners of a real property. They affixed their signatures but contested its validity later contending that their co-owner had n...

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