BAR EXAMINATION 2006

REMEDIAL LAW
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1. What is the concept of remedial law? 2%
2. Distinguish between substantive law and remedial law. 2%
3. ow are remedial laws implemented in our s!stem of government? 2%
". Distinguish #urisdiction from venue? 2%
$. What do !ou mean b! %a& real actions' and %b& personal actions? 2%
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What court has #urisdiction over an action for specific performance filed b! a subdivision homeowner against a subdivision
developer? (hoose the correct answer. )*plain. 2.$%
1. +he ousing and ,and -se .egulator! /oard
2. +he 0ecurities and )*change (ommission
3. +he .egional +rial (ourt
". +he (ommercial (ourt or the .egional +rial (ourt designated b! the 0upreme (ourt to hear and decide 1commercial
cases1.
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1. What is forum shopping? 2.$%
2. one! filed with the .egional +rial (ourt2 +aal2 /atangas a complaint for specific performance against /ernie. 3or lac4 of a
certification against forum shopping2 the #udge dismissed the complaint. one!5s law!er filed a motion for reconsideration2
attaching thereto an amended complaint with the certification against forum shopping. If !ou were the #udge2 how will !ou
resolve the motion? $%
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7o#ie filed with the .egional +rial (ourt of ,aguna a complaint for damages against 7oe. During the pre-trial2 7o#ie and her counsel
failed to appear despite notice to both of them. -pon oral motion of 7o#ie2 7oe was declared as in default and 7o#ie was allowed to
present her evidence e* palte. +hereafter2 the court rendered its Decision in favor of 7o#ie.
7oe hired 7ose as his counsel. What are the remedies available to him? )*plain. $%
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8a! (ongress enact a law providing that a $2999 s:uare meter lot2 apart of the -0+ compound in 0ampaloc2 8anila2 be e*propriated
for the construction of a par4 in honor of former (it! 8a!or ;rsenio ,acson? ;s compensation to -0+2 the (it! of 8anila shall deliver
its $-hectare lot in 0ta. .osa2 ,aguna originall! intended as a residential subdivision for the 8anila (it! all emplo!ees. )*plain. $%
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)*plain each mode of certiorari<
a. ;s a mode of appeal from the .egional +rial (ourt or the (ourt of ;ppeals to the 0upreme (ourt. 2.$%
b. ;s a special civil action from the .egional +rial (ourt or the (ourt of ;ppeals to the 0upreme (ourt. 2.$%
c. ;s a mode of review of the decisions of the =ational ,abor .elations (ommission and the (onstitutional (ommissions.
2.$%
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8ar4 filed with the /ureau of Internal .evenue a complaint for refund of ta*es paid2 but it was not acted upon. 0o2 he filed a similar
complaint with the (ourt of +a* ;ppeals raffled to one of its Divisions. 8ar45s complaint was dismissed. +hus2 he filed with the (ourt
of ;ppeals a petition for certiorari under .ule >$.
Does the (ourt of ;ppeals have #urisdiction over 8ar45s petition? 2.$
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Does the (ourt of ;ppeals have #urisdiction to review the Decisions in criminal and administrative cases of the ?mbudsman? 2.$%
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1. What are the re:uisites for the issuance of %a& a writ of preliminar! in#unction' and %b& a final writ of in#unction? 2.$%
2. Distinguish between in#unction as an ancillar! remed! and in#unction as a main action. 2.$%
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1. Define a temporar! restraining order %+.?&. 2%
2. 8a!a .egional +rial (ourt issue in#unction without bond? 2%
3. What is the duration of a +.? issued b! the )*ecutive 7udge of a .egional +rial (ourt? 2%
". Differentiate a +.? from a status :uo order. 2%
$. 8a!a #ustice of a Division of the (ourt of ;ppeals issue a +.?? 2%
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1. What is an interlocutor! order?
2. What is the difference between a #udgment and an opinion of the court? 2.$%
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+ina Auerrero filed with the .egional +rial (ourt of /ifian2 ,aguna2 a complaint for sum of mone! amounting to B1 8illion against
(arlos (orro. +he complaint alleges2 among others2 that (arlos borrowed from +ina the said amount as evidenced b! a promissor!
note signed b! (arlos and his wife2 #ointl! and severall!. (arlos was served with summons which was received b! ,inda2 his
secretar! .owever2 (arlos failed to file an answer to the complaint within the 1$-da! reglementar! period. ence2 +ina filed with the
court a motion to declare (arlos in default and to allow her to present evidence e* parte. 3ive da!s thereafter2 (arlos filed his verified
answer to the complaint2 den!ing under oath the genuineness and due e*ecution of the promissor! note' and contending that he has
full! paid his loan with interest at 12% per annum.
1. Was the summons validl! served on (arlos? 2.$%
2. If !ou were the #udge2 will !ou grant +ina5s motion to declare (arlos in default? 2.$%
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0ergio BunCalan2 3ilipino2 $9 !ears old2 married2 and residing at ;!ala ;labang 6illage2 8untinlupa (it! 2 of sound and disposing
mind2 e*ecuted a last will and testament in )nglish2 a language spo4en and written b! him proficientl!. e disposed of his estate
consisting of a parcel of land in 8a4ati (it! and cash deposit at the (it! /an4 in the 2 sum of B399 8illion. e be:ueathed B$9
8illion each to his 3 sons and B1$9 8illion to his wife. e devised apiece of land worth B199 8illion to 0usan2 his favorite daughter-
in-Iaw. e named his best friend2 (ancio 6idal2 as e*ecutor of the will without bond
1. Is (ancio 6idal2 after learning of 0ergio5s death2 obliged to file with the proper court a petition for probate of the latter5s last
will and testament? 2%
2. 0upposing the original cop! of the last will and testament was lost2 can (ancio compel 0usan to produce a cop! in her
possession to be submitted to the probate court? 2%
3. (an the probate court appoint the widow as e*ecutor of the will? 2%
". (an the widow and her children settle e*tra#udiciall! among themselves the estate of the deceased? 2%
$. (an the widow and her children initiate a separate petition for partition of the estate pending the probate of the last will and
testament b! the proper court? 2%
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When is bail a matter of right and when is it a matter of discretion ? $%
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,eticia was estranged from her husband Baul for more than a !ear due to his suspicion that she was having an affair with 8anuel2
their neighbor. 0he was temporaril! living with her sister in Basig (it!.
3or un4nown reasons2 the house of ,eticia5s sister was burned2 4illing the latter. ,eticia survived. 0he saw her husband in the vicinit!
during the incident. ,ater2 he was charged with arson in an Information filed with the .egional +rial (ourt2 Basig (it!.
During the trial2 the prosecutor called ,eticia to the witness stand and offered her testimon! to prove that her husband committed
arson.
(an ,eticia testif! over the ob#ection of her husband on the ground of martial privilege? $%
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1. What are the re:uirements in order that an admission of guilt of an accused during a custodial investigation be admitted in
evidence? 2.$%
2. ;s counsel of an accused charged with homicide2 !ou are convinced that he can be utiliCed as a state witness. What
procedure will !ou ta4e? )*plain. 2.$%
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In 1DD>2 (ongress passed .epublic ;ct =o.E1ED2 otherwise 4nown as the 6oters5 .egistration ;ct of 1DD>2 providing for
computeriCation of elections. Bursuant thereto2 the (?8),)( approved the 6oters5 .egistration and Identification 0!stem %6.I0&
Bro#ect. It issued invitations to pre-:ualif! and bid for the pro#ect. ;fter the public bidding2 3oto4ina was declared the winning bidder
with a bid of B> /illion and was issued a =otice of ;ward. /ut (?8),)( (hairman Aener Ao ob#ected to the award on the ground
that under the ;ppropriations ;ct2 the budget for the (?8),)(5s moderniCation is onl! B1 /illion. e announced to the public that
the 6.I0 pro#ect has been set aside. +wo (ommissioners sided with (hairman Ao2 but the ma#orit! voted to uphold the contract.
8eanwhile2 3oto4ina filed with the .+( a petition for mandamus to compel the (?8),)( to implement the contract. +he ?ffice of
the 0olicitor Aeneral %?0A&2 representing (hairman Ao2 opposed the petition on the ground that mandamus does not lie to enforce
contractual obligations. During the proceedings2 the ma#orit! (ommissioners filed a manifestation that (hairman Ao was not
authoriCed b! the (?8),)( )n /anc to oppose the petition.
1. 8a! the ?0A represent (hairman Ao before the .+( notwithstanding that his position is contrar! to that of the ma#orit!?
$%.
2. Is a petition for mandamus an appropriate remed! to enforce contractual obligations? $%
NOTHING FOLLOWS