2008 Bar Exams Questions and Discussion

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(Note: As to when the bar exam results will be released, please see updates at the bottom of post or in the comments. Update: Full list of the 1,130 passers is here.)

I’m no longer posting the questions and proposed answers for the four past Sundays of the 2008 bar exams (Political Law, Labor Law, Civil Law, Taxation, Mercantile Law, Criminal Law, Remedial Law and Legal Ethics). Please refer to phBar.org for the questions and the discussions.

Incidentally, the subject matter covered by Question No. 6 in Criminal Law was discussed at the phBar.org prior to the bar exams. The question goes:

Hubert and Eunice were married in the Philippines. Hubert took
graduate studies in New York and met his former girlfriend Eula. They renewed their friendship and finally decided to get married. The first wife, Eunice, heard about the marriage and secured a copy of the marriage contract in New York. Eunice filed a case of bigamy against Hubert in the Philippines.
a) Will the case prosper? Explain. (4%)
b) If Eunice gave her consent to the second marriage, what will
your answer be? Explain.

The concesus is that there is no criminal liability based on the territoriality principle. This is also the opinion of a lawyer-friend when we discussed this topic during a MCLE lecture last month. On the other hand, I said that my first impression is this: there is criminal liability even if the second marriage was solemnized abroad. What do you think?

Update: Results released on April 3. Full list of the 1,130 passers is here. Just like in the previous years, let’s acknowledge members who made it, starting with:

Jamie – 49. ALEJANDRO, Johnsen H

Comments (3,153)

  1. Espogi

    Thanks Webster!

    I knew somebody would do that.

    Al least, I got your attention there.

    Thumb up Thumb down +1

    Reply
  2. name

    Great,

    Thumb up Thumb down 0

    Reply
  3. jun

    a. I think the question is a no-brainer. The Philippines cannot enforce its penal laws outside the country save in very exceptional crimes mentioned in the RPC e.g. making fake Philippine curency abroad for the purpose of introducing the same in the Philippines. This is made so by specific provision of law due to the nature of the crime.

    b. If Eunice gave her consent, it would not change anything. The case against Hubert would not still prosper.

    Thumb up Thumb down 0

    Reply

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