(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:
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- 2010 Bar Exams: Bar Questions, Discussions and Results
- 2011 Bar Exams: Discussions, Bar Questions and Results
- 2008 Bar Exams: Congratulations to the 1,310 who Passed
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed.
there have been rumors that the questions in the very difficult 2008 taxation were in the reviewers of FEU?
is this true?
Hi!
My Answer on the issue of Whether or not a crime of Bigamy may be instituted considering that the subsequent marriage was celebrated abroad would be in Negative.
I humbly submit that a crime of Bigamy cannot be instituted in the Philippines, since the marriage was celebrated in New York.
On the contrary, If the subsequent marriage was celebrated in the Philippines and there existed a prior valid marriage between Hubert and Eunice, the crime of Bigamy may prosper.
Hubert can be charged with Bigamy.
Bigamy (Art 249) is a law classified under Revised Penal Code as crime against Civil Status of Persons. In connection, Art. 15 of the New Civil Code states that “laws relating to family rights and duties, or to the STATUS, condition and legal capacity of persons are binding upon filipino citizens of the philippines, even though living abroad”. Thus, I humbly submit that HUbert the can charged and convicted with Bigamy.
I humbly oppose to the opinion of Jack.
Hubert, who contracted second marriage abroad while his marriage with Eunice is valid and subsisting here in the Philippines, CANNOT be charged with Bigamy. Violations of Revised Penal Code is territorial in nature. Only those offenses committed within the territorial jurisdiction of the Philippines can be charged and convicted in violation thereof.
But the marriage contracted in New York is void ab initio in consonance with Article 15 of the New Civil Code of the Philippines.
where did you get the news curious student? feu has already abolished its review center eh, so where did it came from?
Hubert cannot be charged of bigamy.
crime committed outside the Philippine jurisdiction, except those define under RPC, cannot be tried here. while the status of a person shall be governed by his nationality. while it is valid in New York, it is a bigamous marriage here and void under family code.
hence, there is no bigamous marriage.
hahay… i think ako lang nahirapan sa 2008 bar.. after the ethics exam, i saw proud faces outside the lasalle corridors.. i dunno ha.. pero para sakin, the exams were so hard…
tangent17, I saw thousands of smiling examinees last year after the ethics exam only to find out later on that only 5% of our batch originally passed. Finding the perfect balance between being optimistic (hoping for the best) and being realistic (expecting the worst) is the most difficult thing to do while waiting for the results. Just keep on praying. GOD will find a way. =)
lagi naman mahirap ang bar eh… honestly, nahirapan ako lalo na sa tax at commercial, Bahala na! daanin n lang sa dasal!
this site will soon be swarmed with people sharing the same concerns and sentiments.. but its a good thing..
at least di ako nag iisa..
hey,wwat happened to phBar.org?
tried to check, here’s wat appears…
“H4ck3d By !! Ov3r=-Code Stopped Iranian HackEr
Relax
”
Taxation lng ang sobrang hirap 4 me. Consti, labor, remedial and legal ethics quite easy for me. Sana d ako ma dq sa tax. withholding tax lng ng deposit alam ko dun 20% at withholding tax ng Foreign curency deposit 7.5% (i’ve known this cause i have peso and dollar account, hindi ko 2 nabasa sa reviewers ko). others i wont think na, i’l just pray hard.
I also took the bar exams last september…i almost cried after the 3rd sunday exams..the exams were difficult though i did not leave any number unanswered. Baka pwedeng madaan sa dasal.
Hey guys, I took the exams also this year and its my second time. When the results came out for 07 bar, I was not that affected for certain reasons, but when I received my grades I really cried out loud just for a .01. This year’s exam was really hard and it cannot be compared with last year. I am really praying for all those who took the test this year that we all pass, its not easy taking such an exam. God luck to everybody.
I believe jack’s answer is more reasonable and just otherwise, married ofws would have a grand time contracting marriage abroad thinking that it is of no consequence here in the philippines because of the territoriality principle.