on midterm-statcon2022.pdf X + X C n File | C:/Users/Eliza%20Pearl/Downloads/midterm-statcon2022.pdf Q 1 of 2 Q + A D V 11 6 P KA o3 1. Butch was accused of squatting on a portion of grazing land in violation of a law which declares squatting to be a criminal act. Butch's lawyer asserts that the law does not cover his client because its preamble states that the law's objective is to remove illegal constructions including buildings on and along esteros and river banks, those along railroad tracks and those built without permits on public and private property in urban communities all over the country. If you were the judge, would you rule in favor of Butch? Why or why not? 2. Alano Sugar Central, a domestic corporation owned and operated by Alano Corporation, imported fertilizer for US$ 60,000.00. The Central Bank imposed and demanded 17% exchange tax on the importation by the Sugar Central. Alano Sugar Central paid the tax under protest, then sought a refund, claiming it had imported the fertilizer for the use of five haciendas and therefore the importation falls under a tax exemptions on importations by planters or farmers directly through their cooperatives. Is the contention of Alano Sugar Central correct? Why or why not? 3. The Labor Code states that "every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than 10 workers." The Secretary of Labor issued a Policy Instruction stating that the holiday pay is only intended for daily-paid employees. Is his Policy Instruction valid? Why or why not? 4. Congress passed a law abolishing all government supplementary retirement or pension plans. Thereafter, the Social Security System (SSS) Chairman issued a Resolution granting financial assistance to retiring employees, in addition to their compulsory retirement benefits. The Commission on Audit disallowed the financial assistance on the ground that it violates the law banning supplementary retirement or pension plans. The SSS contends that it is merely financial assistance, not a retirement plan, as it provides benefits different from the compulsory retirement benefits. Is the SSS's contention correct? Why or why not? 5. The Handsome Workers' Union declared that they won a certification election based on the Rules and Regulations of the Industrial Peace Act. The Intelligent Employees' Union (IEU) contested the election results, claiming that the Rules and Regulations cited by the Handsome Workers are no longer in effect since at the time of the certification election, the Industrial Peace Act was already superseded by the Labor Code and what should prevail are the Implementing Rule of the Labor Code not of the Industrial Peace Art 86.F 4:21 PM Rain off and on Q LD 10/18/2022on midterm-statcon2022.pdf X + X C File | C:/Users/Eliza%20Pearl/Downloads/midterm-statcon2022.pdf Q 2 of 2 Q + 11 6 P KA amferent from the compulsory retirement benefits. Is the SSS's contention correct? Why or why not? 5. The Handsome Workers' Union declared that they won a certification election based on the Rules and Regulations of the Industrial Peace Act. The Intelligent Employees' Union (IEU) contested the election results, claiming that the Rules and Regulations cited by the Handsome Workers are no longer in effect since at the time of the certification election, the Industrial Peace Act was already superseded by the Labor Code and what should prevail are the Implementing Rules of the Labor Code, not of the Industrial Peace Act. Is the IEU's contention correct? Why or why not? 6. Burt and Rina filed a petition to adopt a minor, Boyet. Their only daughter Malou had passed away the previous year. Malou's children opposed the adoption petition, citing Art. 355 of the Civil Code which states that those who have legitimate, legitimated, acknowledged natural children, or children by legal fiction, cannot adopt. Are Burt and Rina disqualified from adopting? Why or why not? 7. Roman filed a claim for veterans' disability pension, but it was disapproved by the Philippine Veterans Board for being incomplete. Thirteen years later, Roman's application was reconsidered and approved, but the Board insisted that the benefits shall not be paid retroactively, but only upon time of approval. Should Roman's benefits retroact to the time of disapproval by the Philippine Veterans' Board? Why or why not? How are laws for the benefit of veterans to be construed? 8. Globe implemented a Subscriber Investment Plan (SIP) which was opposed by the Globe Consumers Association (GCA). The National Telecommunications Commission (NTC) approved the SIP on the ground that the increased rates are just and reasonable. GCA contends that NTC should not have done this because the NTC had not yet promulgated pertinent rules and regulations. This violates the NTC Law which states: "The National 86 F Rain off and on L 4:22 PM 10/18/2022on midterm-statcon2022.pdf X + X C File | C:/Users/Eliza%20Pearl/Downloads/midterm-statcon2022.pdf Q 2 of 2 Q + 11 6 P KA Should Roman's benefits retroact to the time of disapproval by the Philippine Veterans' Board? Why or why not? How are laws for the benefit of veterans to be construed? 8. Globe implemented a Subscriber Investment Plan (SIP) which was opposed by the Globe Consumers Association (GCA). The National Telecommunications Commission (NTC) approved the SIP on the ground that the increased rates are just and reasonable. GCA contends that NTC should not have done this because the NTC had not yet promulgated pertinent rules and regulations. This violates the NTC Law which states: "The National Telecommunications Commission shall see to it that the herein declared policies for the telecommunications industry are immediately implemented and for this purpose, pertinent rules and regulations may be promulgated." Was the SIP validly approved by the NTC, even if rules and regulations for the NTC Law had not yet been promulgated? Why or why not? 9. The Law on Cooperatives states that: (1) A member of a cooperative may, notwithstanding the provisions of existing laws, execute an agreement in favor of the co-operative authorizing his employer to deduct from the salary or wages payable to him by the employer such amount as may be specified in the agreement and to pay the amount so deducted to the co- operative in satisfaction of any debt or other demand owing from the member to the co-operative. (2) Upon the execution of such agreement the employer shall if so required by the co- operative by a request in writing and so long as such debt or other demand or any part of it remains unpaid, remit forthwith the amount so deducted to the co- operative. The University Credit Union Cooperative claims that by virtue of the above law, it has first priority over the workers' salaries, even ahead of the payment of income tax. Is the Credit Union's contention correct? Why or why not? 10. Castro's property was sold at public auction for non-payment of real estate tax for the past 10 years. The property was registered in the name of Castro, but notice of the delinquency sale was not sent to him. Instead, the notice was sent to Reyes. The rules governing sales by public auction state that notice should be sent to the owner of record. Is the auction sale valid? Why or why not? 86 F W 4:22 PM Rain off and on L 10/18/2022