Keys to the Bar by Atty. Aimee Venteroso, CPA

📈 𝐅𝐎𝐑𝐄𝐂𝐀𝐒𝐓𝐒 𝐓𝐎 𝐓𝐇𝐄 𝐁𝐀𝐑 𝐒𝐄𝐑𝐈𝐄𝐒 — #4

𝐐: 𝐀 𝐢𝐬 𝐚 𝐝𝐮𝐥𝐲 𝐜𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧𝐞𝐝 𝐧𝐨𝐭𝐚𝐫𝐲 𝐩𝐮𝐛𝐥𝐢𝐜 𝐟𝐨𝐫 𝐚𝐧𝐝 𝐢𝐧 𝐃𝐚𝐯𝐚𝐨 𝐂𝐢𝐭𝐲. 𝐁, 𝐚 𝐜𝐥𝐨𝐬𝐞 𝐟𝐫𝐢𝐞𝐧𝐝 𝐨𝐟 𝐀, 𝐫𝐞𝐪𝐮𝐞𝐬𝐭𝐞𝐝 𝐭𝐡𝐞 𝐧𝐨𝐭𝐚𝐫𝐢𝐳𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐚 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐨𝐟 𝐋𝐞𝐚𝐬𝐞. 𝐎𝐧 𝐭𝐡𝐞 𝐬𝐜𝐡𝐞𝐝𝐮𝐥𝐞𝐝 𝐝𝐚𝐭𝐞 𝐨𝐟 𝐧𝐨𝐭𝐚𝐫𝐢𝐳𝐚𝐭𝐢𝐨𝐧, 𝐁 𝐢𝐧𝐟𝐨𝐫𝐦𝐞𝐝 𝐀 𝐭𝐡𝐚𝐭 𝐡𝐞 𝐜𝐨𝐮𝐥𝐝 𝐧𝐨 𝐥𝐨𝐧𝐠𝐞𝐫 𝐚𝐩𝐩𝐞𝐚𝐫 𝐚𝐭 𝐀'𝐬 𝐥𝐚𝐰 𝐨𝐟𝐟𝐢𝐜𝐞 𝐛𝐞𝐜𝐚𝐮𝐬𝐞 𝐡𝐞 𝐡𝐚𝐝 𝐟𝐥𝐨𝐰𝐧 𝐭𝐨 𝐁𝐮𝐥𝐚𝐜𝐚𝐧 𝐭𝐨 𝐚𝐭𝐭𝐞𝐧𝐝 𝐭𝐡𝐞 𝐁𝐓𝐒 𝐜𝐨𝐧𝐜𝐞𝐫𝐭. 𝐃𝐞𝐬𝐩𝐢𝐭𝐞 𝐁'𝐬 𝐚𝐛𝐬𝐞𝐧𝐜𝐞, 𝐀 𝐩𝐫𝐨𝐜𝐞𝐞𝐝𝐞𝐝 𝐭𝐨 𝐧𝐨𝐭𝐚𝐫𝐢𝐳𝐞 𝐭𝐡𝐞 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐨𝐟 𝐋𝐞𝐚𝐬𝐞, 𝐫𝐞𝐚𝐬𝐨𝐧𝐢𝐧𝐠 𝐭𝐡𝐚𝐭 𝐁 𝐰𝐚𝐬 𝐩𝐞𝐫𝐬𝐨𝐧𝐚𝐥𝐥𝐲 𝐤𝐧𝐨𝐰𝐧 𝐭𝐨 𝐡𝐢𝐦. 𝐖𝐚𝐬 𝐀 𝐜𝐨𝐫𝐫𝐞𝐜𝐭? 𝐄𝐱𝐩𝐥𝐚𝐢𝐧.

𝐀: 𝐍𝐨.

Under the Notarial Rules, the fact that the signatory is personally known to the notary public may excuse him only of presenting his competent evidence of identity. Personal appearance is still an absolute requirement.

Here, A cannot notarize the Contract of Lease since the personal appearance requirement is not met.

Thus, A was incorrect.
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Many bar examinees leave 𝐋𝐞𝐠𝐚𝐥 𝐚𝐧𝐝 𝐉𝐮𝐝𝐢𝐜𝐢𝐚𝐥 𝐄𝐭𝐡𝐢𝐜𝐬 to sheer luck. That is a rookie mistake.

The Bar Examinations are ultimately a numbers game. The more correct answers you accumulate across all subjects, the greater your chances of passing. Every point matters, and no subject should be treated as an afterthought.

That is why 𝐊𝐞𝐲𝐬 𝐭𝐨 𝐭𝐡𝐞 𝐁𝐚𝐫 gives 𝐞𝐪𝐮𝐚𝐥 𝐢𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐜𝐞 𝐭𝐨 𝐞𝐯𝐞𝐫𝐲 𝐛𝐚𝐫 𝐬𝐮𝐛𝐣𝐞𝐜𝐭, including Legal and Judicial Ethics. Instead of focusing only on the traditionally "heavy" subjects, it ensures that you are equipped to maximize your score in every area of the syllabus, turning overlooked topics into valuable opportunities to earn points.

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📈 𝐅𝐎𝐑𝐄𝐂𝐀𝐒𝐓𝐒 𝐓𝐎 𝐓𝐇𝐄 𝐁𝐀𝐑 𝐒𝐄𝐑𝐈𝐄𝐒 — #𝟑

𝐐: 𝐀𝐁𝐂 𝐢𝐬 𝐞𝐧𝐠𝐚𝐠𝐞𝐝 𝐢𝐧 𝐛𝐫𝐨𝐚𝐝𝐜𝐚𝐬𝐭𝐢𝐧𝐠 𝐭𝐞𝐥𝐞𝐯𝐢𝐬𝐢𝐨𝐧 𝐚𝐧𝐝 𝐫𝐚𝐝𝐢𝐨 𝐩𝐫𝐨𝐠𝐫𝐚𝐦𝐬 𝐰𝐡𝐢𝐥𝐞 𝐌𝐚𝐫𝐢𝐚 𝐰𝐚𝐬 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐝 𝐚𝐬 𝐚 𝐕𝐓𝐑 𝐏𝐥𝐚𝐲𝐛𝐚𝐜𝐤 𝐎𝐩𝐞𝐫𝐚𝐭𝐨𝐫 𝐟𝐨𝐫 𝐢𝐭𝐬 𝐯𝐚𝐫𝐢𝐨𝐮𝐬 𝐩𝐫𝐨𝐠𝐫𝐚𝐦𝐬. 𝐋𝐚𝐭𝐞𝐫 𝐨𝐧, 𝐌𝐚𝐫𝐢𝐚 𝐟𝐢𝐥𝐞𝐝 𝐚 𝐜𝐨𝐦𝐩𝐥𝐚𝐢𝐧𝐭 𝐛𝐞𝐟𝐨𝐫𝐞 𝐭𝐡𝐞 𝐍𝐋𝐑𝐂 𝐟𝐨𝐫 𝐢𝐥𝐥𝐞𝐠𝐚𝐥 𝐝𝐢𝐬𝐦𝐢𝐬𝐬𝐚𝐥, 𝐛𝐞𝐥𝐢𝐞𝐯𝐢𝐧𝐠 𝐭𝐡𝐚𝐭 𝐬𝐡𝐞 𝐡𝐚𝐝 𝐛𝐞𝐞𝐧 𝐜𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐯𝐞𝐥𝐲 𝐝𝐢𝐬𝐦𝐢𝐬𝐬𝐞𝐝. 𝐀𝐁𝐂 𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐢𝐨𝐧 𝐝𝐞𝐧𝐢𝐞𝐝 𝐝𝐢𝐬𝐦𝐢𝐬𝐬𝐢𝐧𝐠 𝐌𝐚𝐫𝐢𝐚 𝐚𝐧𝐝 𝐢𝐧𝐬𝐭𝐞𝐚𝐝 𝐚𝐫𝐠𝐮𝐞𝐝 𝐭𝐡𝐚𝐭 𝐬𝐡𝐞 𝐡𝐚𝐝 𝐚𝐛𝐚𝐧𝐝𝐨𝐧𝐞𝐝 𝐡𝐞𝐫 𝐣𝐨𝐛 𝐛𝐞𝐜𝐚𝐮𝐬𝐞 𝐬𝐡𝐞 𝐬𝐭𝐨𝐩𝐩𝐞𝐝 𝐫𝐞𝐩𝐨𝐫𝐭𝐢𝐧𝐠 𝐟𝐨𝐫 𝐰𝐨𝐫𝐤.

𝐀𝐬𝐬𝐮𝐦𝐢𝐧𝐠 𝐭𝐡𝐚𝐭 𝐭𝐡𝐞 𝐋𝐚𝐛𝐨𝐫 𝐀𝐫𝐛𝐢𝐭𝐞𝐫 𝐞𝐯𝐞𝐧𝐭𝐮𝐚𝐥𝐥𝐲 𝐟𝐢𝐧𝐝𝐬 𝐭𝐡𝐚𝐭 𝐌𝐚𝐫𝐢𝐚 𝐟𝐚𝐢𝐥𝐞𝐝 𝐭𝐨 𝐞𝐬𝐭𝐚𝐛𝐥𝐢𝐬𝐡 𝐜𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐯𝐞 𝐝𝐢𝐬𝐦𝐢𝐬𝐬𝐚𝐥, 𝐦𝐚𝐲 𝐀𝐁𝐂 𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐢𝐨𝐧 𝐧𝐞𝐯𝐞𝐫𝐭𝐡𝐞𝐥𝐞𝐬𝐬 𝐯𝐚𝐥𝐢𝐝𝐥𝐲 𝐜𝐥𝐚𝐢𝐦 𝐭𝐡𝐚𝐭 𝐌𝐚𝐫𝐢𝐚 𝐚𝐛𝐚𝐧𝐝𝐨𝐧𝐞𝐝 𝐡𝐞𝐫 𝐞𝐦𝐩𝐥𝐨𝐲𝐦𝐞𝐧𝐭?

𝐄𝐱𝐩𝐥𝐚𝐢𝐧.

𝐀: 𝐍𝐨.

In ABS-CBN v. Magno, the Supreme Court ruled that the abandonment is incompatible with the filing of a case for constructive dismissal. For there to be abandonment, there must be a 𝐜𝐥𝐞𝐚𝐫 𝐢𝐧𝐭𝐞𝐧𝐭𝐢𝐨𝐧 to sever the employer-employee relationship, which is absent in constructive dismissal when the employee had 𝐧𝐨 𝐜𝐡𝐨𝐢𝐜𝐞 but to forego continued employment due to unbearable circumstances.

Here, the filing of Maria of an illegal dismissal case negated the presence of 𝐜𝐥𝐞𝐚𝐫 𝐢𝐧𝐭𝐞𝐧𝐭𝐢𝐨𝐧 to sever the employer-employee relationship.

Thus, ABC Corporation may not validly claim that Maria abandoned her employment.
—————
The key to answering situational-type bar questions is mastering the long-standing doctrines that govern them. An added advantage is being familiar with the different factual scenarios in jurisprudence where these doctrines have been applied, enabling you to identify the controlling rule even when the facts are presented differently.

In 𝐊𝐄𝐘𝐒 𝐓𝐎 𝐓𝐇𝐄 𝐁𝐀𝐑, these doctrines are paired with carefully selected bar-style questions and concise case illustrations, allowing you to appreciate not only the rule of law but also the factual circumstances that trigger its application. The goal is not merely to memorize legal principles, but to develop the analytical skill to recognize them in any bar examination problem.

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The (SC) has ruled that a husband and wife’s mutual desire to end their marriage, by itself, is not enough to prove collusion in a petition for declaration of nullity of marriage. A lack of objection is not the same as collusion.

In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division ruled that there was no collusion between the spouses in a petition to declare their marriage void. “Collusion” means that the spouses secretly agreed to fake or misrepresent facts in order to nullify their marriage.

The SC voided the marriage due to the husband’s psychological incapacity.

The wife filed the petition before the Regional Trial Court (RTC) alleging that her husband was unable to fulfill his marital duties because of continued physical, psychological, and economic abuse, which she said began even before their marriage.

When the husband did not file his answer to the petition, the RTC directed the Provincial Prosecutor to investigate possible collusion between the spouses. The Associate Provincial Prosecutor reported that there was no collusion.

During trial, the wife presented several witnesses while the husband presented none. He also did not oppose the petition.

Despite this, the RTC dismissed the case, ruling that the evidence did not sufficiently prove psychological incapacity.

The RTC pointed out that the husband’s father admitted discussing his testimony with his son, and that the husband was willing to have the marriage dissolved.

Explaining that collusion is a secret agreement to defraud or obtain something illegal, the SC noted that although the RTC observed suspicious circumstances, these did not clearly prove that the spouses conspired to fake grounds to nullify their marriage.

The SC emphasized that a mutual desire to end the marriage does not automatically mean collusion. A spouse’s agreement or lack of objection is not the same as a secret scheme to mislead the court.

Without proof that the spouses faked evidence or suppressed valid defenses, collusion cannot be established.

It added that the husband’s failure to file an answer or present evidence does not, by itself, prove collusion.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=168319.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=165664.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attributionon-policy.

📈 𝐅𝐎𝐑𝐄𝐂𝐀𝐒𝐓𝐒 𝐓𝐎 𝐓𝐇𝐄 𝐁𝐀𝐑 𝐒𝐄𝐑𝐈𝐄𝐒 — #𝟐

𝐐: 𝐀 𝐟𝐢𝐥𝐞𝐝 𝐚 𝐜𝐨𝐦𝐩𝐥𝐚𝐢𝐧𝐭 𝐭𝐨 𝐞𝐧𝐟𝐨𝐫𝐜𝐞 𝐨𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩 𝐨𝐯𝐞𝐫 𝐚 𝐩𝐚𝐫𝐜𝐞𝐥 𝐨𝐟 𝐥𝐚𝐧𝐝. 𝐇𝐨𝐰𝐞𝐯𝐞𝐫, 𝐀’𝐬 𝐜𝐨-𝐡𝐞𝐢𝐫𝐬 𝐰𝐞𝐫𝐞 𝐧𝐨𝐭 𝐢𝐦𝐩𝐥𝐞𝐚𝐝𝐞𝐝 𝐝𝐞𝐬𝐩𝐢𝐭𝐞 𝐛𝐞𝐢𝐧𝐠 𝐢𝐧𝐝𝐢𝐬𝐩𝐞𝐧𝐬𝐚𝐛𝐥𝐞 𝐩𝐚𝐫𝐭𝐢𝐞𝐬.

𝐓𝐡𝐞 𝐝𝐞𝐟𝐞𝐧𝐝𝐚𝐧𝐭, 𝐢𝐧 𝐭𝐡𝐞𝐢𝐫 𝐚𝐧𝐬𝐰𝐞𝐫, 𝐫𝐚𝐢𝐬𝐞𝐝 𝐭𝐡𝐞 𝐚𝐟𝐟𝐢𝐫𝐦𝐚𝐭𝐢𝐯𝐞 𝐝𝐞𝐟𝐞𝐧𝐬𝐞 𝐨𝐟 𝐟𝐚𝐢𝐥𝐮𝐫𝐞 𝐭𝐨 𝐬𝐭𝐚𝐭𝐞 𝐜𝐚𝐮𝐬𝐞 𝐨𝐟 𝐢𝐧 𝐧𝐨𝐭 𝐢𝐦𝐩𝐥𝐞𝐚𝐝𝐢𝐧𝐠 𝐭𝐡𝐞 𝐢𝐧𝐝𝐢𝐬𝐩𝐞𝐧𝐬𝐚𝐛𝐥𝐞 𝐩𝐚𝐫𝐭𝐢𝐞𝐬.

𝐈𝐬 𝐭𝐡𝐞 𝐝𝐞𝐟𝐞𝐧𝐝𝐚𝐧𝐭 𝐜𝐨𝐫𝐫𝐞𝐜𝐭? 𝐄𝐱𝐩𝐥𝐚𝐢𝐧.

𝐀: 𝐍𝐨.

In the case of Mesina v. Heirs of Fian, the Supreme Court held that the exclusion of the indispensable parties does not amount to a failure to state the cause of action, because the inclusion of the indispensable party is not an essential element of a cause of action. Consequently, the infirmity is properly a non-joinder of an indispensable party. Moreover, the Rules of Court provides that non-joinder of an indispensable party is not a ground for dismissal.

Here, the fact that the co-heirs were not impleaded constitutes non-joinder of indispensable parties and not failure to state the cause of action. Thus, the defendant is incorrect since non-joinder of indispensable parties is not a ground for dismissal.

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In the Bar Examinations, the examiner does not always directly test a single rule or provision. More often, the examinee is challenged to distinguish between two related concepts governed by different provisions of the Rules, especially if they are made an issue in a case decided by the Supreme Court.

Thus, identifying the issue is itself part of the examination. The issue presented in a Bar question is not always a given. It must first be discerned from the facts before the correct rule can be applied.

Here, the issue is not only whether dismissal is proper, but also whether the ground for the dismissal is correct. To correctly answer the former, the examinee must first be firm as to the latter.

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🔑𝐊𝐄𝐘𝐒 𝐈𝐍 𝐅𝐎𝐂𝐔𝐒 𝐒𝐄𝐑𝐈𝐄𝐒 #𝟐: (𝐏𝐀𝐑𝐓 𝐕) — 𝐑𝐄𝐌𝐄𝐃𝐈𝐀𝐋 𝐋𝐀𝐖⚖️

𝐇𝐨𝐰 𝐝𝐨 𝐲𝐨𝐮 𝐩𝐫𝐨𝐩𝐞𝐫𝐥𝐲 𝐬𝐞𝐞𝐤 𝐫𝐞𝐥𝐢𝐞𝐟 𝐟𝐫𝐨𝐦 𝐚 𝐟𝐢𝐧𝐚𝐥 𝐣𝐮𝐝𝐠𝐦𝐞𝐧𝐭 𝐮𝐧𝐝𝐞𝐫 𝐑𝐮𝐥𝐞 𝟑𝟖?

Rule 38 (Petition for Relief from Judgment) is one of the most important post-judgment remedies frequently tested in the bar exam. It has unique peculiarities — from FAME grounds to strict deadlines and affidavit requirements — that distinguish it from other remedies.

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🔑 𝐊𝐄𝐘𝐒 𝐈𝐍 𝐅𝐎𝐂𝐔𝐒 𝐒𝐄𝐑𝐈𝐄𝐒 #𝟐: (𝐏𝐀𝐑𝐓 𝐈𝐕) — 𝐑𝐄𝐌𝐄𝐃𝐈𝐀𝐋 𝐋𝐀𝐖 ⚖️

𝐇𝐨𝐰 𝐢𝐬 𝐣𝐮𝐫𝐢𝐬𝐝𝐢𝐜𝐭𝐢𝐨𝐧 𝐨𝐯𝐞𝐫 𝐭𝐡𝐞 𝐒𝐮𝐛𝐣𝐞𝐜𝐭 𝐌𝐚𝐭𝐭𝐞𝐫, 𝐏𝐞𝐫𝐬𝐨𝐧, 𝐑𝐞𝐬, 𝐚𝐧𝐝 𝐈𝐬𝐬𝐮𝐞𝐬 𝐠𝐨𝐯𝐞𝐫𝐧𝐞𝐝 — 𝐚𝐧𝐝 𝐡𝐨𝐰 𝐢𝐬 𝐞𝐚𝐜𝐡 𝐚𝐜𝐪𝐮𝐢𝐫𝐞𝐝?

Distinguishing these four types of jurisdictions is a fundamental yet frequently tested area in Remedial Law. The rules are spread across substantive and procedural law, with specific exceptions and nuances that many candidates struggle to recall under pressure.

𝐊𝐄𝐘𝐒 𝐓𝐎 𝐓𝐇𝐄 𝐁𝐀𝐑 presents them in one consolidated Doctrine Mapping.

The matrix clearly shows:

‣ Jurisdiction over Subject Matter (governed by substantive law, including special rules under RA 9700)
‣ Jurisdiction over the Person (procedural law, voluntary or coercive process)
‣ Jurisdiction over Res or Property in Litigation (actual/constructive seizure or provision of law)
‣ Jurisdiction over Issues (allegations, agreement, or waiver)

This side-by-side presentation helps candidates master the sources, acquisition, and distinctions for stronger recall during the bar exam.

✅Strengthen your Remedial Law preparation with 𝐊𝐄𝐘𝐒 𝐓𝐎 𝐓𝐇𝐄 𝐁𝐀𝐑!

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ARE YOU READY for the next subject to be highlighted in our KEYS IN FOCUS post series? In the coming days, we will tackle one of the most technical and voluminous subjects in the Bar Exam — LABOR LAW!

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🔑 𝐊𝐄𝐘𝐒 𝐈𝐍 𝐅𝐎𝐂𝐔𝐒 𝐒𝐄𝐑𝐈𝐄𝐒 #𝟑 — 𝙇𝘼𝘽𝙊𝙍 𝙇𝘼𝙒 💼

Achieve absolute "𝙋𝙍𝙀𝘾𝙄𝙎𝙄𝙊𝙉 𝙄𝙉 𝘼𝙋𝙋𝙇𝙄𝘾𝘼𝙏𝙄𝙊𝙉" — no more guessing whether it’s illegal dismissal, just cause, authorized cause, or something else entirely.

Labor Law is full of critical distinctions in classification, computation, and procedural requirements. A single misapplied rule or overlooked exception can completely change the outcome of your answer.

See how 𝐊𝐄𝐘𝐒 𝐓𝐎 𝐓𝐇𝐄 𝐁𝐀𝐑 helps you master Labor Law through the Codal Dissection & Doctrine Mapping method — breaking down the Labor Code and related laws into clear, interconnected frameworks for faster recall and accurate application.

LEARN MORE about the core tools designed to help you dominate Labor Law with 𝐊𝐄𝐘𝐒 𝐓𝐎 𝐓𝐇𝐄 𝐁𝐀𝐑!

✅ PRE-ORDER HERE:
https://www.keystothebar.com/pages/product-keys-to-the-bar