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Remedial Law Bar Questions PDF
Remedial Law Bar Questions PDF
(a) Can the preliminary attachment issued by the Daribell Inc. (Daribell) filed a complaint for sum of money
Court in favor of Dinggoy be dissolved? What and damages against spouses Dake and Donna
ground/s can Dodong's counsel invoke? (2.5%) Demapilis for unpaid purchases of construction materials
in the sum of PhP 250,000. In their answer, spouses Spouses Dondon and Donna Dumdum owned a
Demapilis admitted the purchases from Daribell, but residential lot in Dapitan City. Doy Dogan bought said lot
alleged that they could not remember the exact amount and took possession thereof with the promise to pay the
since no copies of the documents were attached to the purchase price of PhP 2 million within a period of six (6)
complaint. They nevertheless claimed that they made months. After receiving only PhP 500,000, spouses
previous payments in the amounts of PhP 110,000 and Dumdum executed the deed of absolute sale and
PhP 20,000 and that they were willing to pay the balance transferred the title to Doy Dogan. The balance was not
of their indebtedness after account verification. In a paid at all. Spouses Dumdum, through counsel, sent a
written manifestation, spouses Demapilis stated that, in demand letter to Doy Dogan for him to pay the balance
order to buy peace, they were willing to pay the sum of of PhP 1.5 million plus interest of PhP150,000. Doy
PhP 250,000, but without interests and costs. Dogan responded in a letter by saying that "while the
Subsequently, Daribell filed a motion for partial summary remaining balance is admitted, the interest charged is
judgment. Thereafter, Daribell filed an amended excessive." There being no payment, spouses Dumdum
complaint, alleging that the total purchases of filed with the RTC of Dapitan City a complaint for
construction materials were PhP 280,000 and only PhP reconveyance with damages against Doy Dogan.
20,000 had been paid. Daribell also served upon the
spouses Demapilis a request for admission asking them In his answer, Doy Dogan raised, by way of affirmative
to admit to the genuineness of the statement of defense, that the purchase price had been fully paid and
accounts, delivery receipts and invoices, as well as to for this reason the complaint should have been
the value of the principal obligation and the amount paid dismissed. Spouses Dumdum then filed a motion for
as stated in the amended complaint. judgment on the pleadings which was granted by the
RTC of Dapitan City. The Court awarded PhP1 .5 million
Daribell thereafter amended the complaint anew. The actual damages representing the balance of the
amendment modified the period covered and confirmed purchase price, PhP 200,000 as moral damages, PhP
the partial payment of PhP 110,000 but alleged that this 200,000 as exemplary damages, PhP 90,000 as interest,
payment was applied to the spouses' other existing PhP 50,000 as attorney's fees, and PhP 5,000 as cost of
obligations. Daribell however reiterated that the principal suit.
amount remained unchanged.
Was it proper for the RTC of Dapitan City to grant the
(a) Is the request for admission deemed motion for judgment on the pleadings? (2.5%)
abandoned or withdrawn by the filing of the
second amended complaint? (2.5%) IX
(b) Can the amendment of the complaint be In 2015, Dempsey purchased from Daria a parcel of land
allowed if it substantially alters the cause of located in Dumaguete, Negros Oriental. The latter
action? (2.5%) executed a deed of absolute sale and handed to
Dempsey the owner's duplicate copy of TCT No. 777
(c) Can the facts subject of an unanswered covering the property. Since he was working in Manila
request for admission be the basis of a summary and still had to raise funds to cover taxes, registration
judgment? (2.5%) and transfer costs, Dempsey kept the TCT in his
possession without having transferred it to his name. A
VII few years thereafter, when he already had the funds to
pay for the transfer costs, Dempsey went to the Register
of Deeds of Dumaguete and discovered that, after the
Dory Enterprises Inc. (Dory) leased to Digna Corporation
sale, Daria had filed a petition for reconstitution of the
(Digna) a parcel of land located in Diliman, Quezon City.
owner's duplicate copy of TCT No. 777 which the RTC
During the term of the lease, Digna was informed by
granted. Thus, unknown to Dempsey, Daria was able to
DBS Banking Corporation (DBS) that it had acquired the
secure a new TCT in her name.
leased property from the former owner Dory, and
required Digna to pay the rentals directly to it. Digna
promptly informed Dory of DBS' claim of ownership. In What is Dempsey's remedy to have the reconstituted title
response, Dory insisted on its right to collect rent on the in the name of Daria nullified? (5%)
leased property.
X
Due to conflicting claims of Dory and DBS over the rental
payments, Digna filed a complaint for interpleader in the In a buy-bust operation, 30 kilos of shabu were seized
RTC of Manila. Digna prayed that it be allowed to from Dave and Daryll. They were arrested and placed on
consign in court the succeeding monthly rentals, and that inquest before Prosecutor Danilo Doon who ordered
Dory and DBS be required to litigate their conflicting their continued detention. Thereafter, the information for
claims. It later appeared that an action for nullification of the sale and distribution of shabu was filed in court.
a dacion en pago was filed by Dory against DBS in the When arraigned, Dave and Daryll pleaded not guilty to
RTC of Quezon City. In said case, Dory raised the issue the charge. During pre-trial, counsel for both of the
as to which of the two (2) corporations had a better right accused raised, for the first time, the illegality of the
to the rental payments. Dory argued that, to avoid arrest. The case proceeded to trial. After trial, the court
conflicting decisions, the interpleader case must be scheduled the promulgation of judgment with notice to
dismissed. both the accused and their counsel, Atty. Dimayuga.
During the promulgation, only Dave and Atty. Dimayuga
Does the action for nullification of the dacion en were present. Both the accused were convicted of the
pago bar the filing of the interpleader case? (2.5%) crime charged.
When the OSG refused to initiate a quo Atty. Dalmacio, the Director of the National Bureau of
warranto proceeding, Atty. Dacio filed a petition Investigation, applied for a search warrant before the
for certiorari against the OSG and certiorari and Executive Judge of RTC Manila. He alleged in his
prohibition against J. Dong. The petition application that a certain alias Django was keeping about
for certiorari against the OSG alleged that the OSG 10 kilos of shabu in a wooden cabinet located at Dillian's
committed grave abuse of discretion when it deferred the Store in Paseo de Sta. Rosa, Laguna. The Executive
filing of a quo warranto proceeding against J. Dong, Judge of Manila personally examined Atty. Dalmacio and
while the petition for certiorari and prohibition against J. his witnesses and thereafter issued the search warrant
Dong asked the Court to order him to cease and desist particularly describing the place to be
from further exercising his powers, duties and
responsibilities as CA Justice. In both instances, Atty.
Dacio relied on the fact that, at the lime of J. Dong's searched and the items to be seized.
appointment as CA Justice, his birth certificate indicated
that he was a Chinese citizen and his bar records (a) Can the search warrant issued by the
showed that he was a naturalized Filipino citizen. Executive Judge of Manila be enforced in
Laguna? (2.5%)
(a) May the OSG be compelled, in an action
for certiorari, to initiate a quo (b) Can the legal concept of "venue is
warranto proceeding against J. Dong? (2.5%) jurisdictional" be validly raised in applications for
search warrants? (2.5%)
(b) Does Atty. Dacio have the legal personality
to initiate the action for certiorari and prohibition XVI
against J. Dong? (2.5%)
Danjo, a stay-in gardener at the Dy family home in
XII Quezon City, applied for overseas employment in Riyadh
as a flower arranger. After he left for abroad, Dino Dy,
Dodo was knocked unconscious in a fist fight with Dindo. head of the family, discovered that all his wristwatches
He was rushed to the emergency room of the Medical were missing. Dino followed Danjo's lnstagram account
City where he was examined and treated by Dr. Datu. As and in one instance saw Danjo wearing his Rolex watch.
he was being examined, a plastic sachet appearing to He filed a complaint for qualified theft against Danjo with
contain shabu fell from Dodo's jacket which was on a the Office of the Prosecutor (OP), Quezon City. The
chair beside him. Dodo was thus arrested by the same subpoena with the affidavit-complaint was served on
policemen who assisted him to the hospital. At Dodo's Denden, Danjo's wife, at their house. No counter-
trial, the public prosecutor called Dr. Datu to the witness affidavit was filed by Danjo who continued to work in
stand. When the public prosecutor asked Or. Datu as to Riyadh. After conducting a preliminary investigation, the
what he saw in the emergency room, Dodo's counsel OP found probable cause against Danjo and
objected, claiming doctor-patient privilege rule. subsequently filed the information for qualified theft
before the RTC of Quezon City. The court likewise found
probable cause and issued in 2016 a warrant for Danjo's
How would you rule on the objection? (2.5%) arrest.
(b) Can the warrant of arrest be served on Danjo (a) Should Drylvik's motion to dismiss be
upon his return? (2.5%) granted? (2.5%)
Demo filed a motion for bill of particulars for the Republic The municipality of Danao, Cebu was a quiet and
to clarify certain matters in its amended complaint. The peaceful town until a group of miners from Denmark
Sandiganbayan immediately granted the motion. Upon visited the area and discovered that it was rich in nickel.
submission of the bill of particulars by the Republic, In partnership with the municipal mayor, the Danish
Demo filed a motion to dismiss arguing that the answers miners had to flatten 10 hectares of forest land by cutting
in the bill of particulars were indefinite and deficient all the trees before starting their mining operations. The
responses to the question of what the alleged illegally local DENR, together with the Samahan Laban sa
acquired funds or properties of Demo were. The Sumisira sa Kalikasan, filed a petition for writ
Sandiganbayan dismissed the case. of kalikasan against the municipal mayor and the Danish
miners in the RTC of Cebu.
(a) Was the Sandiganbayan correct in
dismissing the case? (2.5%) (a) Is the petition within the jurisdiction of the
RTC of Cebu? (2.5%)
(b) What can the defendant, in a civil case, do in
the event that his motion for bill of particulars is (b) What is the Precautionary Principle? (2.5%)
denied? (2.5%)
XXII
XIX
Danica obtained a personal loan of PhP 180,000 from
Drylvik, a German national, married Dara, a Filipina, in Dinggoy, payable in 18 equal monthly installments of
Dusseldorf, Germany. When the marriage collapsed, PhP 10,000 until fully paid. In order to complete her
Dara filed a petition for declaration of nullity of marriage payment at an earlier date, Danica instead paid PhP
before the RTC of Manila. Drylvik, on the other hand, 20,000 monthly, and continued doing so until the 15th
was able to obtain a divorce decree from the German month, which payments Dinggoy all accepted. Later on,
Family Court. The decree, in essence, states: she realized that she had overpaid Dinggoy by 100% as
she should have already completed payment in nine (9)
The marriage of the Parties contracted on xxx months. She demanded the return of the excess
before the Civil Registrar of Dusseldorf is hereby payment, but Dinggoy completely ignored her. Thus,
dissolved. The parental custody of the children Danica availed of the Rules of Procedure for Small
Diktor and Daus is granted to the father. Claims Cases by filing before the Municipal Trial Court
(MTC) a statement of claim, together with the required
documents.
Drylvik filed a motion to dismiss in the RTC of Manila on
the ground that the court no longer had jurisdiction over
the matter as a decree of divorce had already been Should the MTC proceed with the case under the: (i)
promulgated dissolving his marriage to Dara. Dara Revised Rules Summary Procedure; (ii) the Rules of
Procedure for Small Claims; or (iii) the regular procedure
for civil cases? (5%)
2017 V.
JUSTICE LUCAS P. BERSAMIN After working for 25 years in the Middle East, Evan
Chairman returned to the Philippines to retire in Manila, the place
2017 Bar Examinations of his birth and childhood. Ten years before his
retirement, he bought for cash in his name a house and
I. lot in Malate, Manila. Six months after his return, he
learned that his house and lot were the subject of
foreclosure proceedings commenced by ABC Bank on
What trial court outside Metro Manila has exclusive
the basis of a promissory note and a deed of real estate
original jurisdiction over the following cases? Explain
mortgage he had allegedly executed in favor of ABC
briefly your answers.
Bank five years earlier.
(a) An action filed on November 13, 2017 to recover the
Knowing that he was not in the country at the time the
possession of an apartment unit being occupied by the
promissory note and deed of mortgage were supposedly
defendant by mere tolerance of the plaintiff, after the
executed, Evan forthwith initiated a complaint in the RTC
former ignored the last demand to vacate that was duly
of Manila praying that the subject documents be
served upon and received by him on July 6, 2016.
declared null and void.
(2.5%)
ABC Bank filed a motion to dismiss Evan's complaint on
(b) A complaint in which the principal relief sought is the
the ground of improper venue on the basis of a
enforcement of a seller's contractual right to repurchase
stipulation in both documents designating Quezon City
a lot with an assessed value of ₱15,000.00. (2.5%)
as the exclusive venue in the event of litigation between
the parties arising out of the loan and mortgage.
II.
Should the motion to dismiss of ABC Bank be granted?
Santa filed against Era in the RTC of Quezon City an Explain your answer. (5%)
action for specific performance praying for the delivery of
a parcel of land subject of their contract of sale.
VI.
Unknown to the parties, the case was inadvertently
raffled to an RTC designated as a special commercial
court. Later, the RTC rendered judgment adverse to Era, Hanna, a resident of Manila, filed a complaint for the
who, upon realizing that the trial court was not partition of a large tract of land located in Oriental
a regular RTC, approaches you and wants you to file a Mindoro. She impleaded her two brothers John and
petition to have the judgment annulled for lack of Adrian as defendants but did not implead Leica and
jurisdiction. Agatha, her two sisters who were permanent residents of
Australia.
What advice would you give to Era? Explain your
answer. (4%) Arguing that there could be no final determination of the
case without impleading all indispensable parties, John
and Adrian moved to dismiss the complaint.
III.
Does the trial court have a reason to deny the motion?
Answer the following briefly:
Explain your answer. (4%)
(a) What elements should concur for
VII.
circumstantial evidence to be sufficient for
conviction? (2%)
Elise obtained a loan of ₱3 Million from Merchant Bank.
Aside from executing a promissory note in favor of
(b) When is bail a matter of judicial discretion?
Merchant Bank, she executed a deed of real estate
(2%)
mortgage over her house and lot as security for her
obligation. The loan fell due but remained unpaid; hence,
(c) Give at least two instances when a peace Merchant Bank filed an action against Elise to foreclose
officer or a private person may make a valid the real estate mortgage. A month after, and while the
warrantless arrest. (2%) foreclosure suit was pending, Merchant Bank also filed
an action to recover the principal sum of ₱3 Million
(d) What is a tender of excluded evidence? (2%) against Elise based on the same promissory note
previously executed by the latter.
IV.
In opposing the motion of Elise to dismiss the second
Give brief answers to the following: action on the ground of splitting of a single cause of
action, Merchant Bank argued that the ground relied
(a) What is the doctrine of hierarchy of courts? upon by Elise was devoid of any legal basis considering
(2%) that the two actions were based on separate contracts,
namely, the contract of loan evidenced by the
promissory note, and the deed of real estate mortgage.
(b) What is the Harmless Error Rule in relation
to appeals? (2%)
Is there a splitting of a single cause of action? Explain
your answer. (4%)
(c) When does a public prosecutor conduct an
inquest instead of a preliminary investigation?
(2%) VIII.
A.
Laura was the lessee of an apartment unit owned by XI.
Louie. When the lease expired, Laura refused to vacate
the property. Her refusal prompted Louie to file an action A.
for unlawful detainer against Laura who failed to answer
the complaint within the reglementary period. Teddy filed against Buboy an action for rescission of a
contract for the sale of a commercial lot. After having
Louie then filed a motion to declare Laura in default. been told by the wife of Buboy that her husband was out
Should the motion be granted? Explain your answer. of town and would not be back until after a couple of
(3%) days, the sheriff requested the wife to just receive the
summons in behalf of her husband. The wife acceded to
B. the request, received the summons and a copy of the
complaint, and signed for the same.
Agatha filed a complaint against Yana in the RTC in
Makati City to collect ₱350,000.00, an amount (a) Was there a valid service of summons upon
representing the unpaid balance on the price of the car Buboy? Explain your answer briefly. (3%)
Yana had bought from Agatha. Realizing a jurisdictional
error in filing the complaint in the RTC, Agatha filed a (b) If Buboy files a motion to dismiss the
notice of dismissal before she was served with the complaint based on the twin grounds of lack of
answer of Yana. The RTC issued an order confirming jurisdiction over his person and prescription of
the dismissal. the cause of action, may he be deemed to have
voluntarily submitted himself to the jurisdiction of
Three months later, Agatha filed another complaint the court? Explain your answer briefly (3%).
against Yana based on the same cause of action this
time in the MeTC of Makati City. However, for reasons B.
personal to her, Agatha decided to have the complaint
dismissed without prejudice by filing a notice of dismissal What is the mode of appeal applicable to the following
prior to the service of the answer of Yana. Hence, the cases, and what issues may be raised before the
case was dismissed by the MeTC. reviewing court/tribunal?
A month later, Agatha refiled the complaint against Yana (a) The decision or final order of the National
in the same MeTC. Labor Relations Commission. (1.5%)
May Yana successfully invoke the Two-Dismissal (b) The judgment or final order of the RTC in the
Rule to bar Agatha's third complaint? Explain your exercise of its appellate jurisdiction. (1.5%)
answer. (3%)
XII.
IX.
A.
Abraham filed a complaint for damages in the amount of
₱750,000.00 against Salvador in the RTC in Quezon
City for the latter's alleged breach of their contract of Judgment was rendered against defendant Jaypee in an
services. Salvador promptly filed his answer, and action for unlawful detainer. The judgment ordered
included a counterclaim for ₱250,000.00 arising from the Jaypee to vacate and to pay attorney's fees in favor of
allegedly baseless and malicious claims of Abraham that Bart, the plaintiff.
compelled him to litigate and to engage the services of
counsel, and thus caused him to suffer mental anguish. To prevent the immediate execution of the judgment,
would you advise the posting of a supersedeas bond as
Noting that the amount of the counterclaim was below counsel for Jaypee? Explain your answer briefly? (2%).
the exclusive original jurisdiction of the RTC, Abraham
filed a motion to dismiss vis-8-vis the counterclaim on B.
that ground.
A temporary restraining order (TRO) was issued on
Should the counterclaim of Salvador be dismissed? September 20, 2017 by the RTC against defendant Jeff
Explain your answer. (4%) enjoining him from entering the land of Regan, the
plaintiff.
X.
On October 9, 2017, upon application of Regan, the trial
On the basis of an alleged promissory note executed by court, allegedly in the interest of justice, extended the
Harold in favor of Ramon, the latter filed a complaint for TRO for another 20 days based on the same ground for
₱950,000.00 against the former in the RTC of Davao which the TRO was issued.
City. In an unverified answer, Harold specifically denied
the genuineness of the promissory note. During the trial, On October 15, 2017, Jeff entered the land subject of the
Harold sought to offer the testimonies of the following: TRO.
(1) the testimony of an NBI handwriting expert to prove
the forgery of his signature; and (2) the testimony of a May Jeff be liable for contempt of court? Why? (4%)
credible witness to prove that if ever Harold had
executed the note in favor of Ramon, the same was not XIII.
supported by a consideration.
Police officers arrested Mr. Druggie in a buy-bust
May Ramon validly object to the proposed testimonies? operation and confiscated from him 10 sachets
Give a brief explanation of your answer. (5%) of shabu and several marked genuine peso bills worth
₱5,000.00 used as the buy-bust money during the buy- Juancho entered a plea of guilty when he was arraigned
bust operation. under an information for homicide. To determine the
penalty to be imposed, the trial court allowed Juancho to
At the trial of Mr. Druggie for violation of R.A. No. present evidence proving any mitigating circumstance in
9165 (Comprehensive Dangerous Drug Act of 2002), the his favor. Juancho was able to establish complete self-
Prosecution offered in evidence, among others, defense.
photocopies of the confiscated marked genuine peso
bills. The photocopies were offered to prove that Mr. Convinced by the evidence adduced by Juancho, the
Druggie had engaged at the time of his arrest in the trial court rendered a verdict of acquittal.
illegal selling of dangerous drugs.
May the Prosecution assail the acquittal without
Invoking the Best Evidence Rule, Atty. Maya Bang, the infringing the constitutional guarantee against double
defense counsel, objected to the admissibility of the jeopardy in favor of Juancho? Explain your answer. (5%)
photocopies of the confiscated marked genuine peso
bills. XVIII.
Should the trial judge sustain the objection of the Tomas was criminally charged with serious physical
defense counsel? Briefly explain your answer (5%) injuries allegedly committed against Darvin. During the
pendency of the criminal case, Darvin filed a separate
XIV. civil action for damages based on the injuries he had
sustained.
Immediately before he died of gunshot wounds to his
chest, Venancio told the attending physician, In a very Tomas filed a motion to dismiss the separate civil action
feeble voice, that it was Arnulfo, his co-worker, who had on the ground of litis pendentia, pointing out that when
shot him. Venancio added that it was also Arnulfo who the criminal action was filed against him, the civil action
had shot Vicente, the man whose cadaver was lying on to recover the civil liability from the offense charged was
the bed beside him. also deemed instituted. He insisted that the basis of the
separate civil action was the very same act that gave
In the prosecution of Arnulfo for the criminal killing of rise to the criminal action.
Venancio and Vicente, are all the statements of
Venancio admissible as dying declarations? Explain your Rule on Tomas' motion to dismiss, with brief reasons.
answer. (5%) (5%)
XV. XIX.
In an attempt to discredit and impeach a Prosecution Boy Maton, a neighborhood tough guy, was arrested by
witness in a homicide case, the defense counsel called a police officer on suspicion that he was keeping
to the stand a person who had been the boyhood friend prohibited drugs in his clutch bag. When Boy Maton was
and next-door neighbor of the Prosecution witness for 30 searched immediately after the arrest, the officer found
years. One question that the defense counsel asked of and recovered 10 sachets of shabu neatly tucked in the
the impeaching witness was: "Can you tell this inner linings of the clutch bag. At the time of his arrest,
Honorable Court about the general reputation of the Boy Maton was watching a basketball game being
prosecution witness in your community for played in the town plaza, and he was cheering for his
aggressiveness and violent tendencies?" favorite team. He was subsequently charged with illegal
possession of dangerous drugs, and he entered a plea
Would you, as the trial prosecutor, interpose your of not guilty when he was arraigned.
objection to the question of the defense counsel?
Explain your answer. (4%) During the trial, Boy Maton moved for the dismissal of
the information on the ground that the facts revealed that
XVI. he had been illegally arrested. He further moved for the
suppression of the evidence confiscated from him as
being the consequence of the illegal arrest, hence,
Engr. Magna Nakaw, the District Engineer of the DPWH
the fruit of the poisonous tree.
in the Province of Walang Progreso, and Mr. Pork Chop,
a private contractor, were both charged in the Office of
the Ombudsman for violation of the Anti-Graft and The trial court, in denying the motions of Boy Maton,
Corrupt Practices Act (R.A. No. 3019) under a explained that at the time the motions were filed Boy
conspiracy theory. Maton had already waived the right to raise the issue of
the legality of the arrest. The trial court observed that,
pursuant to the Rules of Court, Boy Maton, as the
While the charges were undergoing investigation in the
accused, should have assailed the validity of the arrest
Office of the Ombudsman, Engr. Magna Nakaw passed
before entering his plea to the information. Hence, the
away. Mr. Pork Chop immediately filed a motion to
trial court opined that any adverse consequence of the
terminate the investigation and to dismiss the charges
alleged illegal arrest had also been equally waived.
against him, arguing that because he was charged in
conspiracy with the deceased, there was no longer a
conspiracy to speak of and, consequently, any legal Comment on the ruling of the trial court. (5%)
ground to hold him for trial had been extinguished.
XVII.
JUSTICE PRESBITERO J. VELASCO, JR. VII
Chairman
2016 Bar Examinations Spouses Marlon and Edith have three (3) children ages
15, 12 and 7, who are studying at public schools. They
I have a combined gross monthly income of P30,000.00
and they stay in an apartment in Manila with a monthly
State at least five (5) civil cases that fall under the rent of PS,000.00. The monthly minimum wage per
exclusive original jurisdiction of the Regional Trial Courts employee in Metro Manila does not exceed P13,000.00.
(RTCs). (5%) They do not own any real property. The spouses want to
collect a loan of P25,000.00 from Jojo but do not have
the money to pay the filing fees.
II
VIII
III
XVIII
XIX
XX
b.) There was no prior order finding Before arraignment, Oasis Jung's lawyer
probable cause before the judge issued moved to quash the other four separate
the arrest warrant. informations for violation of the child
abuse law invoking the single larceny
May the warrant of arrest be quashed on rule.
the grounds cited by Rapido's counsel?
State your reason for each ground. (4%) b.) Should the motion to quash be
granted? (2%)
XI. The Ombudsman found probable cause to
charge with plunder the provincial governor, vice
c.) After his release from detention on evidence which Prosecutor Marilag
bail, can Oasis Jung still question the failed to orally offer.
validity of his arrest? (2%)
c.) Is the motion for reconsideration
XIII. Jaime was convicted for murder by the Regional meritorious? (2%)
Trial Court of Davao City in a decision
promulgated on September 30, 2015. On XV. Water Builders, a construction company based
October 5, 2015, Jaime filed a Motion for New in Makati City, entered into a construction
Trial on the ground that errors of law and agreement with Super Powers, Inc., an energy
irregularities prejudicial to his rights were company based in
committed during his trial. On October 7, 2015,
the private prosecutor, with the conformity of the Manila, for the construction of a mini hydro
public prosecutor, filed an Opposition to Jaime's electric plant. Water Builders failed to complete
motion. On October 9, 2015, the court granted the project within the stipulated duration. Super
Jaime's motion. On October 12, 2015, the public Powers cancelled the contract. Water Builders
prosecutor filed a motion for reconsideration. filed a request for arbitration with the
The court issued an Order dated October 16, Construction Industry Arbitration Commission
2015 denying the public prosecutor's motion for (CIAC). After due proceedings, CIAC rendered
reconsideration. The public prosecutor received judgment in favor of Super Powers, Inc. ordering
his copy of the order of denial on October 20, Water Builders to pay the former P10 million, the
2015 while the private prosecutor received his full amount of the down payment paid, and P2
copy on October 26, 2015. million by way of liquidated damages.
Dissatisfied with the CIAC's judgment, Water
a.) What is the remedy available to the Builders, pursuant to the Special Rules of Court
prosecution from the court's order on Alternative Dispute Resolution (ADR Rules)
granting Jaime's motion for new trial? filed with the RTC of Pasay City a petition to
(3%) vacate the arbitral award. Super Powers, Inc., in
its opposition, moved to dismiss the petition,
b.) In what court and within what period invoking the ADR Rules, on the ground of
should a remedy be availed of? (1%) improper venue as neither of the parties were
doing business in Pasay City.
c.) Who should pursue the remedy?
(2%) Should Water Builders' petition be dismissed?
(3%)
XIV. Pedro was charged with theft for stealing Juan's
cellphone worth P20,000.00. Prosecutor Marilag XVI. AA, a twelve-year-old girl, while walking alone
at the pre-trial submitted the judicial affidavit of met BB, a teenage boy who befriended her.
Juan attaching the receipt for the purchase of Later, BB brought AA to a nearby shanty where
the cellphone to prove civil liability. She also he raped her. The Information for rape filed
submitted the judicial affidavit of Mario, an against BB states:
eyewitness who narrated therein how Pedro
stole Juan's cellphone. "On or about October 30, 2015, in the City of
S.P. and within the jurisdiction of this Honorable
At the trial, Pedro's lawyer objected to the Court, the accused, a minor, fifteen (15) years
prosecution's use of judicial affidavits of her old with lewd design and by means of force,
witnesses considering the imposable penalty on violence and intimidation, did then and there,
the offense with which his client was charged. willfully, unlawfully and feloniously had sexual
intercourse with AA, a minor, twelve (12) years
a.) Is Pedro's lawyer correct in objecting old against the latter's will and consent."
to the judicial affidavit of Mario? (2%)
At the trial, the prosecutor called to the witness
b.) Is Pedro's lawyer correct in objecting stand AA as his first witness and manifested that
to the judicial affidavit of Juan? (2%) he be allowed to ask leading questions in
conducting his direct examination pursuant to
the Rule on the Examination of a Child Witness.
At the conclusion of the prosecution's
BB's counsel objected on the ground that the
presentation of evidence, Prosecutor
prosecutor has not conducted a competency
Marilag orally offered the receipt
examination on the witness, a requirement
attached to Juan's judicial affidavit,
before the rule cited can be applied in the case.
which the court admitted over the
objection of Pedro's lawyer.
a.) Is BB's counsel correct? (3%)
After Pedro's presentation of his
evidence, the court rendered judgment In order to obviate the counsel's
finding him guilty as charged and argument on the competency of AA as
holding him civilly liable for P20,000.00. prosecution witness, the judge motu
proprio conducted his voir dire
examination on AA.
Pedro's lawyer seasonably filed a
motion for reconsideration of the
decision asserting that the court erred in b.) Was the action taken by the judge
awarding the civil liability on the basis of proper? (2%)
Juan's judicial affidavit, a documentary
After the prosecution had rested its a.) Is their defense tenable? (3%)
case, BB' s counsel filed with leave a
demurrer to evidence, seeking the Respondents Mapusok and APKA, in
dismissal of the case on the ground that their Return filed with the Court of
the prosecutor failed to present any Appeals, raised as their defense that the
evidence on BB' s minority as alleged in petition should be dismissed on the
the Information. ground that ALMA cannot file the
petition because of the earlier petition
c.) Should the court grant the demurrer? filed by Mayumi with the RTC.
(3%)
b.) Are respondents correct in raising
XVII. Hercules was walking near a police station when their defense? (3%)
a police officer signaled for him to approach. As
soon as Hercules came near, the police officer c.) Mayumi later filed separate criminal
frisked him but the latter found no contraband. and civil actions against Mapusok. How
The police officer told Hercules to get inside the will the cases affect the amparo petition
police station. Inside the police station, Hercules she earlier filed? (1%)
asked the police officer, "Sir, may problema po
ba?" Instead of replying, the police officer locked
up Hercules inside the police station jail.
I(A) Was there proper and valid service of IV(B) In another case, also for qualified theft, the
summons on Charlie? (3%) detained young domestic helper has been
brought to court five times in the last six months,
I(B) If declared in default, what can Charlie do to but the prosecution has yet to commence the
obtain relief? (4%) presentation of its evidence. You find that the
reason for this is the continued absence of the
employer-complainant who is working overseas.
II.
What remedy is appropriate and before which
Yvonne, a young and lonely OFW, had an intimate
forum would you invoke this relief? (3%)
relationship abroad with a friend, Percy. Although
Yvonne comes home to Manila every six months, her
foreign posting still left her husband Dario lonely so that IV(C) Still in another case, this time for illegal
he also engaged in his own extramarital activities. In one possession of dangerous drugs, the prosecution
particularly exhilarating session with his girlfriend, Dario has rested but you saw from the records that the
died. Within 180 days from Dario’s death, Yvonne gives illegal substance allegedly involved has not been
birth in Manila to a baby boy. Irate relatives of Dario identified by any of the prosecution witnesses
contemplate criminally charging Yvonne for adultery and nor has it been the subject of any stipulation.
they hire your law firm to handle the case.
Should you now proceed posthaste to the
II(A) Is the contemplated criminal action a viable presentation of defense evidence or consider
option to bring? (3%) some other remedy? Explain the remedial steps
you propose to undertake. (3%)
II(B) Is a civil action to impugn the paternity of
the baby boy feasible, and if so, in what IV(D) In one other case, an indigent mother
proceeding may such issue be determined? seeks assistance for her 14-year old son who
(5%) has been arrested and detained for malicious
mischief.
III.
Would an application for bail be the appropriate
remedy or is there another remedy available?
While in his Nissan Patrol and hurrying home to Quezon
Justify your chosen remedy and outline the
City from his work in Makati, Gary figured in a vehicular
appropriate steps to take. (3%)
mishap along that portion of EDSA within the City of
Mandaluyong. He was bumped from behind by a Ford
Expedition SUV driven by Horace who was observed V.
using his cellular phone at the time of the collision. Both
vehicles - more than 5 years old – no longer carried The spouses Juan reside in Quezon City. With their
insurance other than the compulsory third party liability lottery winnings, they purchased a parcel of land in
insurance. Gary suffered physical injuries while his Tagaytay City for P100,000.00. In a recent trip to their
Nissan Patrol sustained damage in excess of Tagaytay property, they were surprised to see hastily
Php500,000. assembled shelters of light materials occupied by
several families of informal settlers who were not there
III(A) As counsel for Gary, describe the process when they last visited the property three (3) months ago.
you need to undertake starting from the point of
the incident if Gary would proceed criminally To rid the spouses’ Tagaytay property of these informal
against Horace, and identify the court with settlers, briefly discuss the legal remedy you, as their
jurisdiction over the case. (3%) counsel, would use; the steps you would take; the court
where you would file your remedy if the need arises; and
III(B) If Gary chooses to file an independent civil the reason/s for your actions. (7%)
action for damages, explain briefly this type of
action: its legal basis; the different approaches in VI.
pursuing this type of action; the evidence you
While leisurely walking along the street near her house she was having an affair with Vladimir, a barangay
in Marikina, Patty unknowingly stepped on a garden tool kagawad who lived in nearby Mandaluyong. Nenita lived
left behind by CCC, a construction company based in in the meantime with her sister in Makati. One day, the
Makati. She lost her balance as a consequence and fell house of Nenita’s sister inexplicably burned almost to the
into an open manhole. Fortunately, Patty suffered no ground. Nenita and her sister were caught inside the
major injuries except for contusions, bruises and house but Nenita survived as she fled in time, while her
scratches that did not require any hospitalization. sister tried to save belongings and was caught inside
However, she lost self-esteem, suffered embarrassment when the house collapsed.
and ridicule, and had bouts of anxiety and bad dreams
about the accident. She wants vindication for her As she was running away from the burning house,
uncalled for experience and hires you to act as counsel Nenita was surprised to see her husband also running
for her and to do whatever is necessary to recover at away from the scene. Dr. Carlos, Walter’s psychiatrist
least Php100,000 for what she suffered. who lived near the burned house and whom Walter
medically consulted after the fire, also saw Walter in the
What action or actions may Patty pursue, against whom, vicinity some minutes before the fire. Coincidentally, Fr.
where (court and venue), and under what legal basis? Platino, the parish priest who regularly hears Walter’s
(7%) confession and who heard it after the fire, also
encountered him not too far away from the burned
VII. house.
You are the defense counsel of Angela Bituin who has Walter was charged with arson and at his trial, the
been charged under RA 3019 ( Anti-Graft and Corrupt prosecution moved to introduce the testimonies of
Practices Act ) before the Sandiganbayan. While Angela Nenita, the doctor and the priest-confessor, who all saw
has posted bail, she has yet to be arraigned. Angela Walter at the vicinity of the fire at about the time of the
revealed to you that she has not been investigated for fire.
any offense and that it was only when police officers
showed up at her residence with a warrant of arrest that IX(A) May the testimony of Nenita be allowed
she learned of the pending case against her. She over the objection of Walter? (3%)
wonders why she has been charged before the
Sandiganbayan when she is not in government service. IX(B) May the testimony of Dr. Carlos, Walter’s
psychiatrist, be allowed over Walter’s objection?
VII(A) What "before-trial" remedy would you (3%)
invoke in Angela’s behalf to address the fact that
she had not been investigated at all, and how IX(C) May the testimony of Fr. Platino, the
would you avail of this remedy? (4%) priest-confessor, be allowed over Walter’s
objection? (3%)
VII(B) What "during-trial" remedy can you use to
allow an early evaluation of the prosecution X.
evidence without the need of presenting defense
evidence; when and how can you avail of this As a new lawyer, Attorney Novato limited his practice to
remedy? (4%) small claims cases, legal counseling and the notarization
of documents. He put up a solo practice law office and
VIII. was assisted by his wife who served as his
secretary/helper. He used a makeshift hut in a vacant lot
On his way to the PNP Academy in Silang, Cavite on near the local courts and a local transport regulatory
board a public transport bus as a passenger, Police agency. With this practice and location, he did not have
Inspector Masigasig of the Valenzuela Police witnessed big-time clients but enjoyed heavy patronage assisting
an on-going armed robbery while the bus was traversing walk-in clients.
Makati. His alertness and training enabled him to foil the
robbery and to subdue the malefactor. He disarmed the X(A) What role can Attorney Novato play in
felon and while frisking him, discovered another handgun small claims cases when lawyers are not
tucked in his waist. He seized both handguns and the allowed to appear as counsel in these cases?
malefactor was later charged with the separate crimes of (3%)
robbery and illegal possession of firearm.
X(B) What legal remedy, if any, may Attorney
VIII(A) Where should Police Inspector Masigasig Novato pursue for a client who loses in a small
bring the felon for criminal processing? To claims case and before which tribunal or court
Silang, Cavite where he is bound; to Makati may this be pursued? (4%)
where the bus actually was when the felonies
took place; or back to Valenzuela where he is MULTIPLE CHOICE QUESTIONS
stationed? Which court has jurisdiction over the
criminal cases? (3%)
I. In a complaint filed by the plaintiff, what is the effect of
the defendant’s failure to file an answer within the
VIII(B) May the charges of robbery and illegal reglementary period? (1%)
possession of firearm be filed directly by the
investigating prosecutor with the appropriate
court without a preliminary investigation? (4%) (A) The court is allowed to render judgment
motu proprio in favor of the plaintiff.
IX.
(B) The court motu proprio may declare the
defendant in default, but only after due notice to
For over a year, Nenita had been estranged from her the defendant.
husband Walter because of the latter’s suspicion that
(C) The court may declare the defendant in V. Character evidence is admissible __________. (1%)
default but only upon motion of the plaintiff and
with notice to the defendant. (A) in criminal cases – the accused may prove
his good moral character if pertinent to the moral
(D) The court may declare the defendant in trait involved in the offense charged
default but only upon motion of the plaintiff, with
notice to the defendant, and upon presentation (B) in criminal cases – the prosecution may
of proof of the defendant’s failure to answer. prove the bad moral character of the accused to
prove his criminal predisposition
(E) The above choices are all inaccurate.
(C) in criminal cases under certain situations, but
II. Which of the following is admissible? (1%) not to prove the bad moral character of the
offended party
(A) The affidavit of an affiant stating that he
witnessed the execution of a deed of sale but (D) when it is evidence of the good character of
the affiant was not presented as a witness in the a witness even prior to his impeachment as
trial. witness
(B) The extra judicial admission made by a (E) In none of the given situations above.
conspirator against his co-conspirator after the
conspiracy has ended. VI. When the court renders judgment in a judicial
foreclosure proceeding, when is the mortgaged property
(C) The testimony of a party’s witness regarding sold at public auction to satisfy the judgment? (1%)
email messagesthe witness received from the
opposing party. (A) After the decision has become final and
executory.
(D) The testimony of a police officer that he had
been told by his informants that there were (B) At any time after the failure of the defendant
sachets of shabu in the pocket of the defendant. to pay the judgment amount.
(E) None of the above. (C) After the failure of the defendant to pay the
judgment amount within the period fixed in the
III. Leave of court is required to amend a complaint or decision, which shall not be less than ninety (90)
information before arraignment if the amendment nor more than one hundred twenty (120) days
__________. (1%) from entry of judgment.
(A) upgrades the nature of the offense from a (D) The mortgaged property is never sold at
lower to a higher offense and excludes any of public auction.
the accused
(E) The mortgaged property may be sold but not
(B) upgrades the nature of the offense from a in any of the situations outlined above.
lower to a higher offense and adds another
accused VII. The signature of counsel in the pleading constitutes
a certification that __________. (1%)
(C) downgrades the nature of the offense from a
higher to a lower offense or excludes any (A) both client and counsel have read the
accused pleading, that to the best of their knowledge,
information and belief there are good grounds to
(D) downgrades the nature of the offense from a support it, and that it is not interposed for delay
higher to a lower offense and adds another
accused (B) the client has read the pleading, that to the
best of the client’s knowledge, information and
(E) All the above choices are inaccurate. belief, there are good grounds to support it, and
that it is not interposed for delay
IV. A Small Claims Court __________. (1%)
(C) the counsel has read the pleading, that to
(A) has jurisdiction over ejectment actions the best of the client’s knowledge, information
and belief, there are good grounds to support it,
and that it is not interposed for delay
(B) has limited jurisdiction over ejectment
actions
(D) the counsel has read the pleading, that
based on his personal information, there are
(C) does not have any jurisdiction over
good grounds to support it, and that it is not
ejectment actions
interposed for delay
(D) does not have original, but has concurrent,
(E) The above choices are not totally accurate.
jurisdiction over ejectment actions
(C) There is absolute necessity for the testimony (B) where the judge who heard the case is not
of the accused whose discharge is requested. the same judge who penned the decision
(D) The accused has not at any time been (C) where the judge heard several witnesses
convicted of any offense. who gave conflicting testimonies
(E) None of the above. (D) where there are substantially overlooked
facts and circumstances that, if properly
IX. Which of the following distinguishes a motion to considered, might affect the result of the case
quash from a demurrer to evidence? (1%)
(E) None of the above.
(A) A motion to quash a complaint or information
is fi led before the prosecution rests its case. XIII. Contempt charges made before persons, entities,
bodies and agencies exercising quasi-judicial functions
(B) A motion to quash may be fi led with or against the parties charged, shall be filed with the
without leave of court, at the discretion of the Regional Trial Court of the place where the __________.
accused. (1%)
(C) When a motion to quash is granted, a (A) person, entity or agency exercising quasi-
dismissal of the case will not necessarily follow. judicial function is located
(D) The grounds for a motion to quash are also (B) person who committed the contemptuous act
grounds for a demurrer to evidence. resides
(E) The above choices are all wrong. (C) act of contempt was committed
X. Which among the following is not subject to mediation (D) party initiating the contempt proceeding
for judicial dispute resolution? (1%) resides
(A) The civil aspect of B.P. Blg. 22 cases. (E) charging entity or agency elects to initiate the
action
(B) The civil aspect of theft penalized under
Article 308 of the Revised Penal Code. XIV. When may a party fi le a second motion for
reconsideration of a final judgment or final order? (1%)
(C) The civil aspect of robbery.
(A) At anytime within 15 days from notice of
denial of the first motion for reconsideration.
(D) Cases cognizable by the Lupong
Tagapamayapa under the Katarungang
Pambarangay Law. (B) Only in the presence of extraordinarily
persuasive reasons and only after obtaining
express leave from the ruling court.
(E) None of the above.
(E) All of the above. XX. The Labor Arbiter, ruling on a purely legal question,
ordered a worker’s reinstatement and this ruling was
XVII. When is attachment improper in criminal cases? affirmed on appeal by the NLRC whose decision, under
(1%) the Labor Code, is final. The company’s recourse under
the circumstances is to __________. (1%)
(A) When the accused is about to abscond from
the Philippines. (A) file a motion for reconsideration and if
denied, file a petition for review with the Court of
Appeals on the pure legal question the case
(B) When the criminal action is based on a claim
presents.
for money or property embezzled or fraudulently
misapplied or converted to the use of the
accused who is a broker, in the course of his (B) file a motion for reconsideration and if
employment as such. denied, appeal to the Secretary of Labor since a
labor policy issue is involved.
(C) When the accused is about to conceal,
remove, or dispose of his property. (C) file a motion for reconsideration and if
denied, file a petition for certiorari with the Court
of Appeals on the ground of grave abuse of
(D) When the accused resides outside the
discretion by the NLRC.
jurisdiction of the trial court.
III x- - - - - - - - - - - - - - - - - - - - - -x
Explain your answer. (3%) b. A files a Complaint against 8 for recovery of title
and possession of land situated in Makati with
the RTC of Pasig. B files a Motion to Dismiss for
VII improper venue. The RTC Pasig Judge denies
B's Motion to Dismiss, which obviously was
a. Counsel A objected to a question posed by incorrect. Alleging that the RTC Judge
opposing Counsel B on the grounds that it was "unlawfully neglected the performance of an act
hearsay and it assumed a fact not yet which the law specifically enjoins as a duty
established. The judge banged his gavel and resulting from an office", 8 files a Petition for
ruled by saying "Objection Sustained". Can Mandamus against the judge. Will Mandamus
Counsel 8 ask for a reconsideration of the lie? Reasons. (3%)
ruling? Why? (5%) c. What are the jurisdictional facts that must be
b. Plaintiff files a request for admission and serves alleged in a petition for probate of a will? How do
the same on Defendant who fails, within the time you bring before the court these jurisdictional
prescribed by the rules, to answer the request. facts? (3%)
Suppose the request for admission asked for the
admission of the entire material allegations - NOTHING FOLLOWS -
stated in the complaint, what should plaintiff do?
(5%)
VIII
IX
Bar Examination Questionnaire for Remedial Law (D) The plaintiff may appropriate the property for
Set A public use after judgment and payment of the
compensation fixed in it, despite defendant’s
appeal.
(1) Anna filed a petition for appointment as regular
administratrix of her fathers' estate. Her sister Sophia
moved to dismiss the petition on the ground that the (5) Which of the following is a correct statement of the
parties, as members of the same family, have not rule on amendment of the information in a criminal
exerted earnest effort toward a compromise prior to the proceeding?
filing of the petition. Should the petition be dismissed?
(A) An amendment that downgrades the offense
(A) Yes, since such earnest effort is jurisdictional requires leave of court even before the accused
in all estate cases. pleads.
(B) No, since such earnest effort is not required (B) Substantial amendments are allowed with
in special proceedings. leave of court before the accused pleads.
(C) Yes, since such earnest effort is required (C) Only formal amendments are permissible
prior to the filing of the case. before the accused pleads.
(D) No, since such earnest effort toward a (D) After the plea, a formal amendment may be
compromise is not required in summary made without leave of court.
proceedings.
(6) Gary who lived in Taguig borrowed P1 million from
(2) A pending criminal case, dismissed provisionally, Rey who lived in Makati under a contract of loan that
shall be deemed permanently dismissed if not revived fixed Makati as the venue of any action arising from the
after 2 years with respect to offenses punishable by contract. Gary had already paid the loan but Rey kept on
imprisonment sending him letters of demand for some balance. Where
is the venue of the action for harassment that Gary
wants to file against Rey?
(A) of more than 12 years.
(C) No, the felonies fall under different titles in (C) Divide the residual money in his hands
the Revised Penal Code. among the persons legally entitled to the same.
(D) No, the charges are both bailable. (D) Invest the funds in his hands without court
approval.
(4) Which of the following is NOT CONSISTENT with the
rules governing expropriation proceedings? (8) Which of the following precepts forms part of the
rules governing small claims?
(A) The court shall declare the defendant who
fails to answer the complaint in default and (A) Permissive counterclaim is not allowed.
render judgment against him.
(B) The court shall render its decision within 3
(B) The court shall refer the case to the Board of days after hearing.
Commissioners to determine the amount of just
compensation. (C) Joinder of separate claims is not allowed.
(D) Motion to declare defendant in default is of a loan, found among the well-kept file of the
allowed. promissor.
(9) The Metropolitan Trial Court convicted Virgilio and (13) Ramon witnessed the commission of a crime but he
Dina of concubinage. Pending appeal, they applied for refuses to testify for fear of his life despite a subpoena
bail, claiming they are entitled to it as a matter of right. Is being served on him. Can the court punish him for
their claim correct? contempt?
(A) No, bail is not a matter of right after (A) No, since no person can be compelled to be
conviction. a witness against another.
(B) Yes, bail is a matter of right in all cases not (B) Yes, since public interest in justice requires
involving moral turpitude. his testimony.
(C) No, bail is dependent on the risk of flight. (C) No, since Ramon has a valid reason for not
testifying.
(D) Yes, bail is a matter of right in the
Metropolitan Trial Court before and after (D) Yes, since litigants need help in presenting
conviction. their cases.
(10) As a rule, the judge shall receive the evidence (14) The right to intervene is not absolute. In general, it
personally. In which of the following circumstances may CANNOT be allowed where
the court delegate the reception of evidence to the clerk
of court? (A) the intervenor has a common interest with
any of the parties.
(A) When a question of fact arises upon a
motion. (B) it would enlarge the issues and expand the
scope of the remedies.
(B) When the trial of an issue of fact requires the
examination of a long account. (C) the intervenor fails to put up a bond for the
protection of the other parties.
(C) In default or ex-parte hearings.
(D) the intervenor has a stake in the property
(D) Upon motion of a party on reasonable subject of the suit.
grounds.
(15) Which of the following grounds for dismissal invoked
(11) Which of the following is in accord with the by the court will NOT PRECLUDE the plaintiff from
applicable rules on receivership? refiling his action?
(A) The court may appoint the plaintiff as (A) Res judicata.
receiver of the property in litigation over the
defendant’s objection. (B) Lack of jurisdiction over the subject matter.
(B) A receiver may be appointed after judgment (C) Unenforceability under the Statutes of Fraud.
if the judgment obligor refuses to apply his
property to satisfy the judgment. (D) Prescription.
(C) The trial court cannot appoint a receiver (16) When may a co-owner NOT demand the partition of
when the case is on appeal. the thing owned in common?
(D) The filing of bond on appointment of a (A) When the creditor of one of the co-owners
receiver is mainly optional. has attached the property.
(12) Bearing in mind the distinction between private and (B) When the property is essentially indivisible.
public document, which of the following is admissible in
evidence without further proof of due execution or
genuineness? (C) When related co-owners agreed to keep the
property within the family.
(A) Baptismal certificates.
(D) When a co-owner uses the property as his
residence.
(B) Official record of the Philippine Embassy in
Singapore certified by the Vice- Consul with
official seal. (17) The city prosecutor of Manila filed, upon Soledad’s
complaint, a criminal action for estafa against her sister,
Wella, before the RTC of Manila for selling to Victor a
(C) Documents acknowledged before a Notary land that she previously sold to Soledad. At the same
Public in Hong Kong. time Soledad filed a civil action to annul the second sale
before the RTC of Quezon City. May the Manila RTC
(D) Unblemished receipt dated December 20, motu proprio suspend the criminal action on ground of
1985 signed by the promisee, showing payment prejudicial question?
(A) Yes, if it may be clearly inferred that (D) that the applicant owns or has a right to the
complainant will not object to the suspension of possession of the property.
the criminal case.
(21) 008-997-0001 In which of the following instances is
(B) No, the accused must file a motion to the quantum of evidence ERRONEOUSLY applied?
suspend the action based on prejudicial
question. (A) in Writ of Amparo cases, substantial
evidence.
(C) Yes, if it finds from the record that such
prejudicial question exists. (B) to satisfy the burden of proof in civil cases,
preponderance of evidence.
(D) Yes, if it is convinced that due process and
fair trial will be better served if the criminal case (C) to overcome a disputable presumption, clear
is suspended. and convincing evidence.
(18) Which of the following conforms to the applicable (D) to rebut the presumptive validity of a notarial
rule on replevin? document, substantial evidence.
(A) The applicant must file a bond executed to (22) The accused jumps bail and fails to appear on
the adverse party in an amount equal to the promulgation of judgment where he is found guilty. What
value of the property as determined by the court. is the consequence of his absence?
(B) The property has been wrongfully detained (A) Counsel may appeal the judgment in the
by the adverse party. absence of the accused.
(C) The applicant has a contingent claim over (B) The judgment shall be promulgated in his
the property object of the writ. absence and he loses his right of appeal.
(D) The plaintiff may apply for the writ at any (C) The promulgation of the judgment shall be
time before judgment. suspended until he is brought to the jurisdiction
of the court.
(19) Gerry sued XYZ Bus Co. and Rico, its bus driver, for
injuries Gerry suffered when their bus ran off the road (D) The judgment shall be void.
and hit him. Of the two defendants, only XYZ Bus Co.
filed an answer, alleging that its bus ran off the road (23) What should the court sheriff do if a third party
because one of its wheels got caught in an open serves on him an affidavit of claim covering the property
manhole, causing the bus to swerve without the driver’s he had levied?
fault. Someone had stolen the manhole cover and the
road gave no warning of the danger it posed. On Gerry’s
motion and over the objection of XYZ Bus Co., the court (A) Ask the judgment obligee to file a court-
declared Rico, the bus driver, in default and rendered approved indemnity bond in favor of the third-
judgment ordering him to pay P50,000 in damages to party claimant or the sheriff will release the
Gerry. Did the court act correctly? levied property.
(A) No, since the court should have tried the (B) Ask the judgment obligee to file a court-
case against both defendants upon the bus approved bond for the sheriff’s protection in case
company’s answer. he proceeds with the execution.
(B) No, the court should have dropped Rico as (C) Immediately lift the levy and release the
defendant since the moneyed defendant is the levied property.
bus company.
(D) Ask the third-party claimant to support his
(C) Yes, the court can, under the rules, render claim with an indemnity bond in favor of the
judgment against the defendant declared in judgment obligee and release the levied property
default. if such bond is filed.
(D) Yes, since, in failing to answer, Rico may be (24) Which of the following is NOT REGARDED as a
deemed to have admitted the allegations in the sufficient proof of personal service of pleadings?
complaint.
(A) Official return of the server.
(20) Which of the following has NO PLACE in an
application for a replevin order? A statement (B) Registered mail receipt.
(A) that the property is wrongfully detained by (C) Written admission of the party served.
the adverse party.
(D) Affidavit of the server with a statement of the
(B) that the property has not been distrained for date, place and manner of service.
a tax assessment or placed under custodia legis.
(25) A sued B for ejectment. Pending trial, B died,
(C) of the assessed value of the property. survived by his son, C. No substitution of party
defendant was made. Upon finality of the judgment (A) Contingent money claims arising from
against B, may the same be enforced against C? contract.
(A) Yes, because the case survived B’s death (B) Unenforced money judgment against the
and the effect of final judgment in an ejectment decedent, with death occurring before levy on
case binds his successors in-interest. execution of the property.
(B) No, because C was denied due process. (C) Claims for damages arising from quasi-
delict.
(C) Yes, because the negligence of B’s counsel
in failing to ask for substitution, should not (D) Claims for funeral expenses.
prejudice A.
(30) In a case, the prosecutor asked the medical expert
(D) No, because the action did not survive B’s the question, "Assuming that the assailant was behind
death. the deceased before he attacked him, would you say
that treachery attended the killing?" Is this hypothetical
(26) What is the proper remedy to secure relief from the question permissible?
final resolutions of the Commission On Audit?
(A) No, since it asks for his legal opinion.
(A) Petition for review on certiorari with the
Supreme Court. (B) Yes, but conditionally, subject to subsequent
proof that the assailant was indeed behind the
(B) Special civil action of certiorari with the Court deceased at that time.
of Appeals.
(C) Yes, since hypothetical questions may be
(C) Special civil action of certiorari with the asked of an expert witness.
Supreme Court.
(D) No, since the medical expert has no
(D) Appeal to the Court of Appeals. personal knowledge of the fact.
(27) Which of the following is a duty enjoined on the (31) The city prosecutor charged Ben with serious
guardian and covered by his bond? physical injuries for stabbing Terence. He was tried and
convicted as charged. A few days later, Terence died
due to severe infection of his stab wounds. Can the
(A) Provide for the proper care, custody, and
prosecution file another information against Ben for
education of the ward.
homicide?
(B) Ensure the wise and profitable investment of
(A) Yes, since Terence’s death shows
the ward’s financial resources.
irregularity in the filing of the earlier charge
against him.
(C) Collect compensation for his services to the
ward.
(B) No, double jeopardy is present since Ben
had already been convicted of the first offense.
(D) Raise the ward to become a responsible
member of society.
(C) No, there is double jeopardy since serious
physical injuries is necessarily included in the
(28) Berto was charged with and convicted of violating a charge of homicide.
city ordinance against littering in public places
punishable by imprisonment of one month or a fine of
(D) Yes, since supervening event altered the
P1,000.00. But the city mayor pardoned him. A year
kind of crime the accused committed.
later, he was charged with violating a city ordinance
against jaywalking which carried the same penalty. Need
Berto post bail for such offense? (32) Arvin was caught in flagrante delicto selling drugs
for P200,000.00. The police officers confiscated the
drugs and the money and brought them to the police
(A) Yes, his previous conviction requires posting
station where they prepared the inventory duly signed by
of bail for the present charge.
police officer Oscar Moreno. They were, however,
unable to take pictures of the items. Will this deficiency
(B) Yes, since he may be deemed to have destroy the chain of custody rule in the drug case?
violated the terms of his pardon.
(A) No, a breach of the chain of custody rule in
(C) No, because he is presumed innocent until drug cases, if satisfactorily explained, will not
proven otherwise. negate conviction.
(D) No, one charged with the violation of a city (B) No, a breach of the chain of custody rule
ordinance is not required to post bail, may be offset by presentation in court of the
notwithstanding a previous pardon. drugs.
(29) Which of the following claims survive the death of (C) Yes, chain of custody in drug cases must be
the defendant and need not be presented as a claim strictly observed at all times to preserve the
against the estate? integrity of the confiscated items.
(D) Yes, compliance with the chain of custody (D) That extrinsic fraud afflicted the judgment.
rule in drug cases is the only way to prove the
accused’s guilt beyond reasonable doubt. (37) Cindy charged her husband, George, with bigamy
for a prior subsisting marriage with Teresa. Cindy
(33) A sued B in the RTC of Quezon City, joining two presented Ric and Pat, neighbors of George and Teresa
causes of action: for partition of real property and breach in Cebu City, to prove, first, that George and Teresa
of contract with damages. Both parties reside in Quezon cohabited there and, second, that they established a
City but the real property is in Manila. May the case be reputation as husband and wife. Can Cindy prove the
dismissed for improper venue? bigamy by such evidence?
(A) Yes, since causes of action pertaining to (A) Yes, the circumstantial evidence is enough
different venues may not be joined in one action. to support a conviction for bigamy.
(B) No, since causes of action pertaining to (B) No, at least one direct evidence and two
different venues may be joined in the RTC if one circumstantial evidence are required to support a
of the causes of action falls within its jurisdiction. conviction for bigamy.
(C) Yes, because special civil action may not be (C) No, the circumstantial evidence is not
joined with an ordinary civil action. enough to support a conviction for bigamy.
(D) No, since plaintiff may unqualifiedly join in (D) No, the circumstantial evidence cannot
one complaint as many causes of action as he overcome the lack of direct evidence in any
has against opposing party. criminal case.
(34) What is the doctrine of judicial stability or non (38) To prove payment of a debt, Bong testified that he
interference? heard Ambo say, as the latter was handing over money
to Tessie, that it was in payment of debt. Is Bong’s
(A) Once jurisdiction has attached to a court, it testimony admissible in evidence?
can not be deprived of it by subsequent
happenings or events. (A) Yes, since what Ambo said and did is an
independently relevant statement.
(B) Courts will not hear and decide cases
involving issues that come within the jurisdiction (B) No, since what Ambo said and did was not in
of administrative tribunals. response to a startling occurrence.
(C) No court has the authority to interfere by (C) No, since Bong’s testimony of what Ambo
injunction with the judgment of another court of said and did is hearsay.
coordinate jurisdiction.
(D) Yes, since Ambo’s statement and action,
(D) A higher court will not entertain direct resort subject of Bong’s testimony, constitutes a verbal
to it unless the redress sought cannot be act.
obtained from the appropriate court.
(39) Considering the qualifications required of a would-
(35) Which of the following admissions made by a party be witness, who among the following is INCOMPETENT
in the course of judicial proceedings is a judicial to testify?
admission?
(A) A person under the influence of drugs when
(A) Admissions made in a pleading signed by the event he is asked to testify on took place.
the party and his counsel intended to be filed.
(B) A person convicted of perjury who will testify
(B) An admission made in a pleading in another as an attesting witness to a will.
case between the same parties.
(C) A deaf and dumb.
(C) Admission made by counsel in open court.
(D) A mental retardate.
(D) Admissions made in a complaint superseded
by an amended complaint. (40) Arthur, a resident foreigner sold his car to Bren.
After being paid but before delivering the car, Arthur
(36) What defenses may be raised in a suit to enforce a replaced its original sound system with an inferior one.
foreign judgment? Bren discovered the change, rejected the car, and
demanded the return of his money. Arthur did not
(A) That the judgment is contrary to Philippine comply. Meantime, his company reassigned Arthur to
procedural rules. Singapore. Bren filed a civil action against Arthur for
contractual fraud and damages. Upon his application,
the court issued a writ of preliminary attachment on the
(B) None, the judgment being entitled to full faith
grounds that (a) Arthur is a foreigner; (b) he departed
and credit as a matter of general comity among
from the Philippines; and (c) he was guilty of fraud in
nations.
contracting with Bren. Is the writ of preliminary
attachment proper?
(C) That the foreign court erred in the
appreciation of the evidence.
(A) No, Arthur is a foreigner living abroad; he is (B) The proceeding in an Amparo petition is
outside the court’s jurisdiction. criminal in nature.
(B) Yes, Arthur committed fraud in changing the (C) No separate criminal action may be instituted
sound system and its components before after an Amparo petition is filed.
delivering the car bought from him.
(D) When the criminal action is filed after the
(C) Yes the timing of his departure is Amparo petition, the latter shall be consolidated
presumptive evidence of intent to defraud. with the first.
(D) No, since it was not shown that Arthur left (45) Alex filed a petition for writ of amparo against Melba
the country with intent to defraud Bren. relative to his daughter Toni's involuntary
disappearance. Alex said that Melba was Toni's
(41) What is the movant’s remedy if the trial court employer, who, days before Toni disappeared,
incorrectly denies his motion to dismiss and related threatened to get rid of her at all costs. On the other
motion for reconsideration? hand, Melba countered that she had nothing to do with
Toni's disappearance and that she took steps to
ascertain Toni's whereabouts. What is the quantum of
(A) Answer the complaint.
evidence required to establish the parties' respective
claims?
(B) File an administrative action for gross
ignorance of the law against the trial judge.
(A) For Alex, probable cause; for Melba,
substantial evidence.
(C) File a special civil action of certiorari on
ground of grave abuse of discretion.
(B) For Alex, preponderance of evidence; for
Melba, substantial evidence.
(D) Appeal the orders of denial.
(C) For Alex, proof beyond reasonable doubt; for
(42) During trial, plaintiff offered evidence that appeared Melba, ordinary diligence.
irrelevant at that time but he said he was eventually
going to relate to the issue in the case by some future
(D) For both, substantial evidence.
evidence. The defendant objected. Should the trial court
reject the evidence in question on ground of irrelevance?
(46) In which of the following situations is the declaration
of a deceased person against his interest NOT
(A) No, it should reserve its ruling until the
ADMISSIBLE against him or his successors and against
relevance is shown.
third persons?
(B) Yes, since the plaintiff could anyway
(A) Declaration of a joint debtor while the debt
subsequently present the evidence anew.
subsisted.
(C) Yes, since irrelevant evidence is not
(B) Declaration of a joint owner in the course of
admissible.
ownership.
(D) No, it should admit it conditionally until its
(C) Declaration of a former co-partner after the
relevance is shown.
partnership has been dissolved.
(43) Ben testified that Jaime, charged with robbery, has
(D) Declaration of an agent within the scope of
committed bag-snatching three times on the same street
his authority.
in the last six months. Can the court admit this testimony
as evidence against Jaime?
(47) Defendant Dante said in his answer: "1. Plaintiff
Perla claims that defendant Dante owes her P4,000 on
(A) No, since there is no showing that Ben
the mobile phone that she sold him; 2. But Perla owes
witnessed the past three robberies.
Dante P6,000 for the dent on his car that she borrowed."
How should the court treat the second statement?
(B) Yes, as evidence of his past propensity for
committing robbery.
(A) A cross claim
(C) Yes, as evidence of a pattern of criminal
(B) A compulsory counterclaim
behavior proving his guilt of the present offense.
(A) When the criminal action is filed after the (A) He will give a 5-day notice to the judgment
Amparo petition, the latter shall be dismissed. obligor and, if the latter does not comply, the
sheriff will have the improvements forcibly
demolished.
(B) He will report to the court the judgment (A) Yes, since the wrong done the second
obligor’s refusal to comply and have the latter offended party is a separate crime.
cited in contempt of court.
(B) No, since the offense refers to the same
(C) He will demolish the improvements on series of act, prompted by one criminal intent.
special order of the court, obtained at the
judgment obligee’s motion. (C) Yes, since the second offended party is
entitled to the vindication of the wrong done him
(D) He will inform the court of the judgment as well.
obligor’s noncompliance and proceed to
demolish the improvements. (D) No, since the second offended party is in
estoppel, not having joined the first criminal
(49) When may the bail of the accused be cancelled at action.
the instance of the bondsman?
(53) Henry testified that a month after the robbery
(A) When the accused jumps bail. Asiong, one of the accused, told him that Carlos was one
of those who committed the crime with him. Is Henry’s
(B) When the bondsman surrenders the accused testimony regarding what Asiong told him admissible in
to the court. evidence against Carlos?
(C) When the accused fails to pay his annual (A) No, since it is hearsay.
premium on the bail bond.
(B) No, since Asiong did not make the statement
(D) When the accused changes his address during the conspiracy.
without notice to the bondsman.
(C) Yes, since it constitutes admission against a
(50) Which of the following MISSTATES a requisite for co-conspirator.
the issuance of a search warrant?
(D) Yes, since it part of the res gestae.
(A) The warrant specifically describes the place
to be searched and the things to be seized. (54) Dorothy filed a petition for writ of habeas corpus
against her husband, Roy, to get from him custody of
(B) Presence of probable cause. their 5 year old son, Jeff. The court granted the petition
and required Roy to turn over Jeff to his mother. Roy
sought reconsideration but the court denied it. He filed a
(C) The warrant issues in connection with one
notice of appeal five days from receipt of the order
specific offense.
denying his motion for reconsideration. Did he file a
timely notice of appeal?
(D) Judge determines probable cause upon the
affidavits of the complainant and his witnesses.
(A) No, since he filed it more than 2 days after
receipt of the decision granting the petition.
(51) Ranger Motors filed a replevin suit against Bart to
recover possession of a car that he mortgaged to it. Bart
(B) No, since he filed it more than 2 days after
disputed the claim. Meantime, the court allowed, with no
receipt of the order denying his motion for
opposition from the parties, Midway Repair Shop to
reconsideration.
intervene with its claim against Bart for unpaid repair
bills. On subsequent motion of Ranger Motors and Bart,
the court dismissed the complaint as well as Midway (C) Yes, since he filed it within 15 days from
Repair Shop’s intervention. Did the court act correctly? receipt of the denial of his motion for
reconsideration.
(A) No, since the dismissal of the intervention
bars the right of Bart to file a separate action. (D) Yes, since he filed it within 7 days from
receipt of the denial of his motion for
reconsideration.
(B) Yes, intervention is merely collateral to the
principal action and not an independent
proceeding. (55) Angel Kubeta filed a petition to change his first
name "Angel." After the required publication but before
any opposition could be received, he filed a notice of
(C) Yes, the right of the intervenor is merely in
dismissal. The court confirmed the dismissal without
aid of the right of the original party, which in this
prejudice. Five days later, he filed another petition, this
case had ceased to exist.
time to change his surname "Kubeta." Again, Angel filed
a notice of dismissal after the publication. This time,
(D) No, since having been allowed to intervene, however, the court issued an order, confirming the
the intervenor became a party to the action, dismissal of the case with prejudice. Is the dismissal with
entitled to have the issue it raised tried and prejudice correct?
decided.
(A) Yes, since such dismissal with prejudice is
(52) The accused was convicted for estafa thru mandatory.
falsification of public document filed by one of two
offended parties. Can the other offended party charge
(B) No, since the rule on dismissal of action
him again with the same crime?
upon the plaintiff’s notice does not apply to
special proceedings.
(C) No, since change of name does not involve (D) No, the filing of the separate action is proper;
public interest and the rules should be liberally but the estate proceeding must be suspended
construed. meantime.
(D) Yes, since the rule on dismissal of action (60) What is the consequence of the unjustified absence
upon the plaintiff’s notice applies and the two of the defendant at the pre-trial?
cases involve a change in name.
(A) The trial court shall declare him as in default.
(56) A complaint without the required "verification"
(B) The trial court shall immediately render
(A) shall be treated as unsigned. judgment against him.
(B) lacks a jurisdictional requirement. (C) The trial court shall allow the plaintiff to
present evidence ex-parte.
(C) is a sham pleading.
(D) The trial court shall expunge his answer from
(D) is considered not filed and should be the record.
expunged.
(61) What is the remedy of the accused if the trial court
(57) The decisions of the Commission on Elections or erroneously denies his motion for preliminary
the Commission on Audit may be challenged by investigation of the charge against him?
(A) petition for review on certiorari filed with the (A) Wait for judgment and, on appeal from it,
Supreme Court under Rule 45. assign such denial as error.
(B) petition for review on certiorari filed with the (B) None since such order is final and executory.
Court of Appeals under Rule 42.
(C) Ask for reconsideration; if denied, file petition
(C) appeal to the Supreme Court under Rule 54. for certiorari and prohibition.
(D) special civil action of certiorari under Rule 65 (D) Appeal the order denying the motion for
filed with the Supreme Court. preliminary investigation.
(58) Which of the following states a correct guideline in (62) Which of the following renders a complaint for
hearing applications for bail in capital offenses? unlawful detainer deficient?
(A) The hearing for bail in capital offenses is (A) The defendant claims that he owns the
summary; the court does not sit to try the merits subject property.
of the case.
(B) The plaintiff has tolerated defendant’s
(B) The prosecution’s conformity to the possession for 2 years before demanding that
accused’s motion for bail is proof that its he vacate it.
evidence of his guilt is not strong.
(C) The plaintiff’s demand is for the lessee to
(C) The accused, as applicant for bail, carries pay back rentals or vacate.
the burden of showing that the prosecution’s
evidence of his guilt is not strong. (D) The lessor institutes the action against a
lessee who has not paid the stipulated rents.
(D) The prosecution must have full opportunity to
prove the guilt of the accused. (63) In a judicial foreclosure proceeding, under which of
the following instances is the court NOT ALLOWED to
(59) Apart from the case for the settlement of her render deficiency judgment for the plaintiff?
parents' estate, Betty filed an action against her sister,
Sigma, for reconveyance of title to a piece of land. Betty (A) If the mortgagee is a banking institution.
claimed that Sigma forged the signatures of their late
parents to make it appear that they sold the land to her (B) if upon the mortgagor’s death during the
when they did not, thus prejudicing Betty’s legitime. proceeding, the mortgagee submits his claim in
Sigma moved to dismiss the action on the ground that the estate proceeding.
the dispute should be resolved in the estate
proceedings. Is Sigma correct? (C) If the mortgagor is a third party who is not
solidarily liable with the debtor.
(A) Yes, questions of collation should be
resolved in the estate proceedings, not in a (D) If the mortgagor is a non-resident person
separate civil case. and cannot be found in the Philippines.
(B) No, since questions of ownership of property (64) In which of the following cases is the plaintiff the
cannot be resolved in the estate proceedings. real party in interest?
(C) Yes, in the sense that Betty needs to wait (A) A creditor of one of the co-owners of a parcel
until the estate case has been terminated. of land, suing for partition
(B) An agent acting in his own name suing for (B) No, because MCM has no juridical
the benefit of a disclosed principal personality and cannot be sued.
(C) Assignee of the lessor in an action for (C) No, since the real parties in interest, the
unlawful detainer owners of MCM Theater, have not been served
with summons.
(D) An administrator suing for damages arising
from the death of the decedent (D) Yes since MCM, as business entity, is a de
facto partnership with juridical personality.
(65) The defendant in an action for sum of money filed a
motion to dismiss the complaint on the ground of (69) Fraud as a ground for new trial must be extrinsic as
improper venue. After hearing, the court denied the distinguished from intrinsic. Which of the following
motion. In his answer, the defendant claimed constitutes extrinsic fraud?
prescription of action as affirmative defense, citing the
date alleged in the complaint when the cause of action (A) Collusive suppression by plaintiff’s counsel
accrued. May the court, after hearing, dismiss the action of a material evidence vital to his cause of
on ground of prescription? action.
(A) Yes, because prescription is an exception to (B) Use of perjured testimony at the trial.
the rule on Omnibus Motion.
(C) The defendant’s fraudulent representation
(B) No, because affirmative defenses are barred that caused damage to the plaintiff.
by the earlier motion to dismiss.
(D) Use of falsified documents during the trial.
(C) Yes, because the defense of prescription of
action can be raised at anytime before the (70) Upon review, the Secretary of Justice ordered the
finality of judgment. public prosecutor to file a motion to withdraw the
information for estafa against Sagun for lack of probable
(D) No, because of the rule on Omnibus Motion. cause. The public prosecutor complied. Is the trial court
bound to grant the withdrawal?
(66) What is the effect of the failure of the accused to file
a motion to quash an information that charges two (A) Yes, since the prosecution of an action is a
offenses? prerogative of the public prosecutor.
(A) He may be convicted only of the more (B) No, since the complainant has already
serious offense. acquired a vested right in the information.
(B) He may in general be convicted of both (C) No, since the court has the power after the
offenses. case is filed to itself determine probable cause.
(C) The trial shall be void. (D) Yes, since the decision of the Secretary of
Justice in criminal matters is binding on courts.
(D) He may be convicted only of the lesser
offense. (71) Unexplained or unjustified non-joinder in the
Complaint of a necessary party despite court order
(67) Which of the following is a correct application of the results in
rules involved in consolidation of cases?
(A) the dismissal of the Complaint.
(A) Consolidation of cases pending in different
divisions of an appellate court is not allowed. (B) suspension of proceedings.
(C) Consolidation of cases pending in different (72) Which of the following CANNOT be disputably
branches or different courts is not permissible. presumed under the rules of evidence?
(D) The consolidation of cases is done only for (A) That the thing once proved to exist continues
trial purposes and not for appeal. as long as is usual with things of that nature.
(68) Summons was served on "MCM Theater," a (B) That the law has been obeyed.
business entity with no juridical personality, through its
office manager at its place of business. Did the court
acquire jurisdiction over MCM Theater’s owners? (C) That a writing is truly dated.
(A) Yes, an unregistered entity like MCM (D) That a young person, absent for 5 years, it
Theater may be served with summons through being unknown whether he still lives, is
its office manager. considered dead for purposes of succession.
(73) 008-464-0001 Which of the following is NOT (B) it is a second motion for reconsideration with
REQUIRED in a petition for mandamus? an alternative prayer for new trial.
(A) The act to be performed is not discretionary. (C) it reiterates the issues already passed upon
but invites a second look at the evidence and the
(B) There is no other adequate remedy in the arguments.
ordinary course of law.
(D) its arguments in support of the alleged errors
(C) RIGHT ANSWER The respondent neglects are grossly erroneous.
to perform a clear duty under a contract.
(78) Which of the following correctly states the rule on
(D) The petitioner has a clear legal right to the foreclosure of mortgages?
act demanded.
(A) The rule on foreclosure of real estate
(74) When is the defendant entitled to the return of the mortgage is suppletorily applicable to
property taken under a writ of replevin? extrajudicial foreclosures.
(A) When the plaintiff’s bond is found insufficient (B) In judicial foreclosure, an order of
or defective and is not replaced. confirmation is necessary to vest all rights in the
purchaser.
(B) When the defendant posts a redelivery bond
equal to the value of the property seized. (C) There is equity of redemption in extra-judicial
foreclosure.
(C) When the plaintiff takes the property and
disposes of it without the sheriff’s approval. (D) A right of redemption by the judgment obligor
exists in judicial foreclosure.
(D) When a third party claims the property taken
yet the applicant does not file a bond in favor of (79) The information charges PNP Chief Luis Santos,
the sheriff. (Salary Grade 28), with "taking advantage of his public
position as PNP Head by feloniously shooting JOSE
ONA, inflicting on the latter mortal wounds which caused
(75) Character evidence is admissible
his death." Based solely on this allegation, which court
has jurisdiction over the case?
(A) in criminal cases, the accused may prove his
good moral character if pertinent to the moral
(A) Sandiganbayan only
trait involved in the offense charged.
(C) in criminal cases, the bad moral character of (D) Regional Trial Court only
the offended party may not be proved.
(80) Distinguish between conclusiveness of judgment
(D) when it is evidence of the good character of and bar by prior judgment.
a witness even prior to impeachment.
(A) Conclusiveness of judgment bars another
(76) X’s action for sum of money against Y amounting to action based on the same cause; bar by prior
P80,000.00 accrued before the effectivity of the rule judgment precludes another action based on the
providing for shortened procedure in adjudicating claims same issue.
that do not exceed P100,000.00. X filed his action after
the rule took effect. Will the new rule apply to his case? (B) Conclusiveness of judgment bars only the
defendant from questioning it; bar by prior
(A) No since what applies is the rule in force at judgment bars both plaintiff and defendant.
the time the cause of action accrued.
(C) Conclusiveness of judgment bars all matters
(B) No, since new procedural rules cover only directly adjudged; bar by prior judgment
cases where the issues have already been precludes all matters that might have been
joined. adjudged.
(C) Yes, since procedural rules have retroactive (D) Conclusiveness of judgment precludes the
effect. filing of an action to annul such judgment; bar by
prior judgment allows the filing of such an action.
(D) Yes, since procedural rules generally apply
prospectively to pending cases. (81) Which of the following matters is NOT A PROPER
SUBJECT of judicial notice?
(77) A motion for reconsideration of a decision is pro
forma when (A) Persons have killed even without motive.
(A) it does not specify the defects in the (B) Municipal ordinances in the municipalities
judgment. where the MCTC sits.
(C) Teleconferencing is now a way of conducting (B) The specific property sought to be distributed
business transactions. might suffer in value.
(D) British law on succession personally known (C) An agreement among the heirs regarding
to the presiding judge. such distribution.
(82) The RTC of Malolos, Branch 1, issued a writ of (D) The conformity of the majority of the
execution against Rene for P20 million. The sheriff levied creditors to such distribution.
on a school building that appeared to be owned by
Rene. Marie, however, filed a third party claim with the (86) A party aggrieved by an interlocutory order of the
sheriff, despite which, the latter scheduled the execution Civil Service Commission (CSC) filed a petition for
sale. Marie then filed a separate action before the RTC certiorari and prohibition with the Court of Appeals. May
of Malolos, Branch 2, which issued a writ of preliminary the Court of Appeals take cognizance of the petition?
injunction enjoining the sheriff from taking possession
and proceeding with the sale of the levied property. Did (A) Yes, provided it raises both questions of
Branch 2 correctly act in issuing the injunction? facts and law.
(A) Yes, since the rules allow the filing of the (B) No, since the CSC Chairman and
independent suit to check the sheriff’s wrongful Commissioners have the rank of Justices of the
act in levying on a third party’s property. Court of Appeals.
(B) Yes, since Branch 2, like Branch 1, is part of (C) No, since the CSC is a Constitutional
the RTC of Malolos. Commission.
(C) No, because the proper remedy is to seek (D) Yes, since the Court of Appeals has
relief from the same court which rendered the jurisdiction over the petition concurrent with the
judgment. Supreme Court.
(D) No, since it constitutes interference with the (87) Which of the following is appealable?
judgment of a co-equal court with concurrent
jurisdiction.
(A) An order of default against the defendant.
(83) What is the effect and ramification of an order
allowing new trial? (B) The denial of a motion to dismiss based on
improper venue.
(A) The court’s decision shall be held in
suspension until the defendant could show at the (C) The dismissal of an action with prejudice.
reopening of trial that it has to be abandoned.
(D) The disallowance of an appeal.
(B) The court shall maintain the part of its
judgment that is unaffected and void the rest. (88) Which of the following is NOT REQUIRED of a
declaration against interest as an exception to the
(C) The evidence taken upon the former trial, if hearsay rule?
material and competent, shall remain in use.
(A) The declarant had no motive to falsify and
(D) The court shall vacate the judgment as well believed such declaration to be true.
as the entire proceedings had in the case.
(B) The declarant is dead or unable to testify.
(84) Which of the following is sufficient to disallow a will
on the ground of mistake? (C) The declaration relates to a fact against the
interest of the declarant.
(A) An error in the description of the land
devised in the will. (D) At the time he made said declaration he was
unaware that the same was contrary to his
(B) The inclusion for distribution among the heirs aforesaid interest.
of properties not belonging to the testator.
(89) To prove the identity of the assailant in a crime of
(C) The testator intended a donation intervivos homicide, a police officer testified that, Andy, who did not
but unwittingly executed a will. testify in court, pointed a finger at the accused in a police
lineup. Is the police officer’s testimony regarding Andy's
identification of the accused admissible evidence?
(D) An error in the name of the person
nominated as executor.
(A) Yes, since it is based on his personal
knowledge of Andy’s identification of the
(85) As a rule, the estate shall not be distributed prior to accused.
the payment of all charges to the estate. What will justify
advance distribution as an exception?
(B) Yes, since it constitutes an independently
relevant statement.
(A) The estate has sufficient residual assets and
the distributees file sufficient bond.
(C) No, since the police had the accused
identified without warning him of his rights.
(D) No, since the testimony is hearsay. (C) Venue in case of dispute between the parties
to this contract shall solely be in the proper
(90) In which of the following cases is the testimony in a courts of Quezon City.
case involving a deceased barred by the Survivorship
Disqualification Rule or Dead Man Statute? (D) Any dispute arising from this contract of sale
may be filed in Makati or Quezon City.
(A) Testimony against the heirs of the deceased
defendant who are substituted for the latter. (94) Allan was riding a passenger jeepney driven by Ben
that collided with a car driven by Cesar, causing Allan
(B) The testimony of a mere witness who is injury. Not knowing who was at fault, what is the best
neither a party to the case nor is in privity with that Allan can do?
the latter.
(A) File a tort action against Cesar.
(C) The testimony of an oppositor in a land
registration case filed by the decedent’s heirs. (B) Await a judicial finding regarding who was at
fault.
(D) The testimony is offered to prove a claim
less than what is established under a written (C) Sue Ben for breach of contract of carriage.
document signed by the decedent.
(D) Sue both Ben and Cesar as alternative
(91) The prosecution moved for the discharge of Romy defendants.
as state witness in a robbery case it filed against Zoilo,
Amado, and him. Romy testified, consistent with the (95) A surety company, which provided the bail bond for
sworn statement that he gave the prosecution. After the release of the accused, filed a motion to withdraw as
hearing Romy, the court denied the motion for his surety on the ground of the accused’s non-payment of
discharge. How will denial affect Romy? the renewal premium. Can the trial court grant the
withdrawal?
(A) His testimony shall remain on record.
(A) No, since the surety’s undertaking is not
(B) Romy will be prosecuted along with Zoilo annual but lasts up to judgment.
and Amado.
(B) Yes, since surety companies would fold up
(C) His liability, if any, will be mitigated. otherwise.
(D) The court can convict him based on his (C) No, since the surety company technically
testimony. takes the place of the accused with respect to
court attendance.
(92) In proceedings for the settlement of the estate of
deceased persons, the court in which the action is (D) Yes, since the accused has breached its
pending may properly agreement with the surety company.
(A) pass upon question of ownership of a real (96) To prove that Susan stabbed her husband Elmer,
property in the name of the deceased but Rico testified that he heard Leon running down the
claimed by a stranger. street, shouting excitedly, "Sinasaksak daw ni Susan
ang asawa niya! (I heard that Susan is stabbing her
(B) pass upon with the consent of all the heirs husband!)" Is Leon's statement as narrated by Rico
the issue of ownership of estate asset, contested admissible?
by an heir if no third person is affected.
(A) No, since the startling event had passed.
(C) rule on a claim by one of the heirs that an
estate asset was held in trust for him by the (B) Yes, as part of the res gestae.
deceased.
(C) No, since the excited statement is itself
(D) rescind a contract of lease entered into by hearsay.
the deceased before death on the ground of
contractual breach by the lessee. (D) Yes, as an independently relevant
statement.
(93) Which of the following stipulations in a contract will
supersede the venue for actions that the rules of civil (97) Which of the following NOT TRUE regarding the
procedure fix? doctrine of judicial hierarchy?
(A) In case of litigation arising from this contract (A) It derives from a specific and mandatory
of sale, the preferred venue shall be in the provision of substantive law.
proper courts of Makati.
(B) The Supreme Court may disregard the
(B) Should the real owner succeed in recovering doctrine in cases of national interest and matters
his stolen car from buyer X, the latter shall have of serious implications.
recourse under this contract to seller Y
exclusively before the proper Cebu City court.
(C) A higher court will not entertain direct
recourse to it if redress can be obtained in the
appropriate courts.
Charisse, alleging that she was a resident of Lapu-Lapu b. Suppose there was no Counterclaim and
City, filed a complaint for damages against Atlanta Bank Benjamin’s complaint was not dismissed, and
before the RTC of Lapu-Lapu City, following the dishonor judgment was rendered against Mercedes for
of a check she drew in favor of Shirley against her ₱1,000,000. The judgment became final and
current account which she maintained in the bank’s local executory and a writ of execution was
branch. correspondingly issued.
The bank filed a Motion to Dismiss the complaint on the Since Mercedes did not have cash to settle the judgment
ground that it failed to state a cause of action, but it was debt, she offered her Toyota Camry model 2008 valued
denied. It thus filed an Answer. at P1.2 million. The Sheriff, however, on request of
Benjamin, seized Mercedes’ 17th century ivory image of
a. In the course of the trial, Charisse admitted the La Sagrada Familia estimated to be worth over
that she was a US citizen residing in Los ₱1,000,000.
Angeles, California and that she was temporarily
billeted at the Pescado Hotel in Lapu-Lapu City, Was the Sheriff’s action in order? (3%)
drawing the bank to file another motion to
dismiss, this time on the ground of improper VII
venue, since Charisse is not a resident of Lapu-
Lapu City. As Cicero was walking down a dark alley one midnight,
he saw an "owner-type jeepney" approaching him.
Charisse opposed the motion citing the Sensing that the occupants of the vehicle were up to no
"omnibus motion rule." Rule on the motion. (3%) good, he darted into a corner and ran. The occupants of
the vehicle − elements from the Western Police District −
b. Suppose Charisse did not raise the "omnibus gave chase and apprehended him.
motion rule," can the judge proceed to resolve
the motion to dismiss? Explain. (3%) The police apprehended Cicero, frisked him and found a
sachet of 0.09 gram of shabu tucked in his waist and a
c. Suppose the judge correctly denied the Swiss knife in his secret pocket, and detained him
second motion to dismiss and rendered thereafter. Is the arrest and body-search legal? (3%)
judgment in favor of Charisse, ordering the bank
to pay her P100,000 in damages plus legal PART II
interest. The judgment became final and
executory in 2008. To date, Charisse has not VIII
moved to execute the judgment. The bank is
concerned that its liability will increase with the
delay because of the interest on the judgment Dominique was accused of committing a violation of the
award. Human Security Act. He was
detained incommunicado, deprived of sleep, and
subjected to water torture. He later allegedly confessed
As counsel of the bank, what move should you take? his guilt via an affidavit.
(3%)
After trial, he was acquitted on the ground that his
VI confession was obtained through torture, hence,
inadmissible as evidence.
Antique dealer Mercedes borrowed P1,000,000 from
antique collector Benjamin. Mercedes issued a In a subsequent criminal case for torture against those
postdated check in the same amount to Benjamin to who deprived him of sleep and subjected him to water
cover the debt. torture, Dominique was asked to testify and to, among
other things, identify his above-said affidavit of
On the due date of the check, Benjamin deposited it but confession. As he was about to identify the affidavit, the
it was dishonored. As despite demands, Mercedes failed defense counsel objected on the ground that the affidavit
to make good the check, Benjamin filed in January 2009 is a fruit of a poisonous tree. Can the objection be
a complaint for collection of sum of money before the sustained? Explain. (3%)
RTC of Davao.
IX
Mercedes filed in February 2009 her Answer with
Counterclaim, alleging that before the filing of the case, In a prosecution for rape, the defense relied on
she and Benjamin had entered into a dacion en Deoxyribonucleic Acid (DNA) evidence showing that the
pago agreement in which her vintage semen found in the private part of the victim was not
₱1,000,000 Rolex watch which was taken by Benjamin identical with that of the accused’s. As private
for sale on commission was applied to settle her prosecutor, how will you dispute the veracity and
indebtedness; and that she incurred expenses in accuracy of the results of the DNA evidence? (3%)
defending what she termed a "frivolous lawsuit." She
accordingly prayed for ₱50,000 damages.
X XV
Marinella is a junior officer of the Armed Forces of the Pedrillo, a Fil-Am permanent resident of Los Angeles,
Philippines who claims to have personally witnessed the California at the time of his death, bequeathed to
malversation of funds given by US authorities in Winston a sum of money to purchase an annuity.
connection with the Balikatan exercises.
Upon Pedrillo’s demise, his will was duly probated in Los
Marinella alleges that as a result of her exposé, there are Angeles and the specified sum in the will was in fact
operatives within the military who are out to kill her. She used to purchase an annuity with XYZ of Hong Kong so
files a petition for the issuance of a writ of amparo that Winston would receive the equivalent of US$1,000
against, among others, the Chief of Staff but without per month for the next 15 years.
alleging that the latter ordered that she be killed.
Wanting to receive the principal amount of the annuity,
Atty. Daro, counsel for the Chief of Staff, moves for the Winston files for the probate of Pedrillo’s will in the
dismissal of the Petition for failure to allege that his client Makati RTC. As prayed for, the court names Winston as
issued any order to kill or harm Marinella. Rule on Atty. administrator of the estate.
Daro’s motion. Explain. (3%)
Winston now files in the Makati RTC a motion to compel
XI XYZ to account for all sums in its possession forming
part of Pedrillo’s estate. Rule on the motion. (5%)
X was arrested for the alleged murder of a 6-year old
lad. He was read his Miranda rights immediately upon XVI
being apprehended.
Sal Mineo died intestate, leaving a P1 billion estate. He
In the course of his detention, X was subjected to three was survived by his wife Dayanara and their five
hours of non-stop interrogation. He remained quiet until, children.
on the 3rd hour, he answered "yes" to the question of
whether "he prayed for forgiveness for shooting down Dayanara filed a petition for the issuance of letters of
the boy." The trial court, interpreting X’s answer as an administration. Charlene, one of the children, filed an
admission of guilt, convicted him. opposition to the petition, alleging that there was neither
an allegation nor genuine effort to settle the estate
On appeal, X’s counsel faulted the trial court in its amicably before the filing of the petition. Rule on the
interpretation of his client’s answer, arguing that X opposition. (5%)
invoked his Miranda rights when he remained quiet for
the first two hours of questioning. Rule on the XVII
assignment of error. (3%)
What is "res judicata in prison grey"? (2%)
XII
XVIII
In a prosecution for murder, the prosecutor asks
accused Darwin if he had been previously arrested for While window-shopping at the mall on August 4, 2008,
violation of the Anti- Graft and Corrupt Practices Act. As Dante lost his organizer including his credit card and
defense counsel, you object. The trial court asks you on billing statement. Two days later, upon reporting the
what ground/s. Respond. (3%) matter to the credit card company, he learned that a one-
way airplane ticket was purchased online using his credit
XIII card for a flight to Milan in mid- August 2008. Upon
extensive inquiry with the airline company, Dante
Policemen brought Lorenzo to the Philippine General discovered that the plane ticket was under the name of
Hospital (PGH) and requested one of its surgeons to one Dina Meril. Dante approaches you for legal advice.
immediately perform surgery on him to retrieve a packet
of 10 grams of shabu which they alleged was swallowed a. What is the proper procedure to prevent Dina
by Lorenzo. from leaving the Philippines? (2%)
Suppose the PGH agreed to, and did perform the b. Suppose an Information is filed against Dina
surgery, is the package of shabu admissible in on August 12, 2008 and she is immediately
evidence? Explain. (3%) arrested. What pieces of electronic evidence will
Dante have to secure in order to prove the
XIV fraudulent online transaction? (2%)
Czarina died single. She left all her properties by will to XIX
her friend Duqueza. In the will, Czarina stated that she
did not recognize Marco as an adopted son because of 1. Enumerate the requisites of a "trial in
his disrespectful conduct towards her. absentia" (2%) and a "promulgation of
judgment in absentia" (2%).
Duqueza soon instituted an action for probate of
Czarina’s will. Marco, on the other hand, instituted 2. Name two instances where the trial court can
intestate proceedings. Both actions were consolidated hold the accused civilly liable even if he is
before the RTC of Pasig. On motion of Marco, acquitted. (2%)
Duqueza’s petition was ordered dismissed on the ground
that the will is void for depriving him of his legitime. XX
Argue for Duqueza. (5%)
Azenith, the cashier of Temptation Investments, Inc.
(Temptation, Inc.) with principal offices in Cebu City, is
equally hated and loved by her co-employees because
she extends cash advances or "vales" to her colleagues
whom she likes. One morning, Azenith discovers an
anonymous letter inserted under the door of her office
threatening to kill her.
IV
Edmond's lawyer objected to the admissibility of the judgment on his counterclaim. Resolve the two motions
documents for being the "fruit of the poisoned tree." with reasons. (5%)
Resolve the objection with reasons. (3%)
X
VII
Upon termination of the pre-trial, the judge dictated the
Cresencio sued Dioscoro for collection of a sum of pre-trial order in the presence of the parties and their
money. During the trial, but after the presentation of counsel, reciting what had transpired and defining three
plaintiff's evidence, Dioscoro died. Atty. Cruz, Dioscoro's (3) issues to be tried.
counsel, then filed a motion to dismiss the action on the
ground of his client's death. The court denied the motion a. If, immediately upon receipt of his copy of the
to dismiss and, instead, directed counsel to furnish the pre-trial order, plaintiff's counsel should move for
court with the names and addresses of Dioscoro's heirs its amendment to include a fourth (4th) triable
and ordered that the designated administrator of issue which he allegedly inadvertently failedto
Dioscoro's estate be substituted as representative party. mention when the judge dictated the order.
Should the motion to amend be granted?
After trial, the court rendered judgment in favor of Reasons. (2%)
Cresencio. When the decision had become final and b. Suppose trial had already commenced and after
executory, Cresencio moved for the issuance of a writ of the plaintiff's second witness had testified, the
execution against Dioscoro's estate to enforce his defendant's counsel moves for the amendment
judgment claim. The court issued the writ of execution. of the pre-trial order to include a fifth (5th) triable
Was the court's issuance of the writ of execution proper? issue vital to his client's defense. Should the
Explain. (2%) motion be granted over the objection of plaintiff's
counsel? Reasons. (3%)
VIII
PART II
On July 15, 2009, Atty. Manananggol was served copies
of numerous unfavorable judgments and orders. On July XI
29, 2009, he filed motions for reconsideration which
were denied. He received the notices of denial of the TRUE or FALSE. Answer TRUE if the statement is true,
motions for reconsideration on October 2, 2009, a or FALSE if the statement is false. Explain your answer
Friday. He immediately informed his clients who, in turn, in not more than two (2) sentences. (5%)
uniformly instructed him to appeal. How, when and
where should he pursue the appropriate remedy for each a. The accused in a criminal case has the right to
of the following: (10%) avail of the various modes of discovery.
b. The viatory right of a witness served with
a. Judgment of a Municipal Trial Court (MTC) a subpoena ad testificandum refers to his right
pursuant to its delegated jurisdiction dismissing not to comply with the subpoena.
his client's application for land registration? c. In the exercise of its original jurisdiction, the
b. Judgment of the Regional Trial Court (RTC) Sandiganbayan may grant petitions for the
denying his client's petition for a Writ of Habeas issuance of a writ of habeas corpus.
Data? d. An electronic document is the equivalent of an
c. Order of a Family Court denying his client's original document under the Best Evidence Rule
petition for Habeas Corpus in relation to custody if it is a printout or output readable by sight or
of a minor child? other means, shown to reflect the data
d. Order of the RTC denying his client's Petition for accurately.
Certiorari questioning the Metropolitan Trial e. The filing of a motion for the reconsideration of
Court's (MeTC's) denial of a motion to suspend the trial court's decision results in the
criminal proceedings? abandonment of a perfected appeal.
e. Judgment of the First Division of the Court of
Tax Appeals (CTA) affirming the RTC decision XII
convicting his client for violation of the National
Internal Revenue Code?
Mike was renting an apartment unit in the building owned
by Jonathan. When Mike failed to pay six months' rent,
IX Jonathan filed an ejectment suit. The Municipal Trial
Court (MTC) rendered judgment in favor of Jonathan,
Modesto sued Ernesto for a sum of money, claiming that who then filed a motion for the issuance of a writ of
the latter owed him P1-million, evidenced by a execution. The MTC issued the writ.
promissory note, quoted and attached to the complaint.
In his answer with counterclaim, Ernesto alleged that a. How can Mike stay the execution of the MTC
Modesto coerced him into signing the promissory note, judgment? Explain. (2%)
but that it is Modesto who really owes him P1.5-million. b. Mike appealed to the Regional Trial Court
Modesto filed an answer to Ernesto's counterclaim (RTC), which affirmed the MTC decision. Mike
admitting that he owed Ernesto, but only in the amount then filed a petition for review with the Court of
of P0.5-million. At the pre-trial, Modesto marked and Appeals (CA). The CA dismissed the petition on
identified Ernesto's promissory note. He also marked the ground that the sheriff had already executed
and identified receipts covering payments he made to the MTC decision and had ejected Mike from the
Ernesto, to the extent of P0.5-million, which Ernesto did premises, thus rendering the appeal moot and
not dispute. academic. Is the CA correct? Reasons. (3%)
XVI
XIX
XX
XXI
NOTHING FOLLOWS.
2007 booking since that is where his station is?
Explain briefly. (5%)
- I - b. In the course of serving a search warrant, the
(Total 10%) police finds an unlicensed firearm. Can the
police take the firearm even if it is not covered
by the search warrant? If the warrant is
a. What are the rules on the recognition and
subsequently quashed, is the police required to
enforcement of foreign judgments in our courts?
return the firearm? Explain briefly. (5%)
(6%)
b. Can a foreign arbitral award be enforced in the
Philippines under those rules? Explain briefly. - VII -
(2%) (Total 10%)
c. How about a global injunction issued by a
foreign court to prevent dissipation of funds a. B files a petition for cancellation of the birth
against a defendant therein who has assets in certificate of her daughter R on the ground of
the Philippines? Explain briefly. (2%) falsified material entries there in made by B's
husband as the informant. The RTC sets the
- II - case for hearing and directs the publications of
(Total 10%) the order once a week for three consecutive
weeks in a newspaper of general circulation.
Summons was served on the Civil Registrar but
True or False. If the answer is false, explain your answer
there was no appearance during the hearing.
briefly.
The RTC granted the petition. R filed a petition
for annulment of judgment before the Court of
a. The surviving parties rule bars Maria from Appeals, saying that she was not notified of the
testifying for the claimant as to what the petition and hence, the decision was issued in
deceased Jose had said to her, in a claim filed violation of due process. B opposed saying that
by Pedro against the estate of Jose (3%) the publication of the court order was sufficient
b. A defendant who has been declared in default compliance with due process. Rule. (5%)
can avail of a petition for relief from the judgment b. G files a complaint for recovery of possession
subsequently rendered in the case. (3%) and damage against F. in the course of the trial,
c. A motion is pleading. (2%) G marked his evidence but his counsel failed to
d. A counterclaim is pleading. (2%) file a formal offer of evidence. F then presented
in evidence tax declarations in the name of his
- III - father to establish that his father is a co-owner of
(Total 10%) the property. The court ruled in favor of F, saying
that G failed to prove sole ownership of the
1. What is the hearsay rule? (5%) property in the face of F's evidence. Was the
2. In relation to the hearsay rule, what do the court correct? Explain briefly. (5%)
following rules of evidence have in common?
(5%) - VIII -
1. The rule on statements that are part of (Total 10%)
the res gestae;
2. The rule on dying declarations; a. X files an unlawful detainer case against Y
3. The rule on admissions against interest. before the appropriate Metropolitan Trial Court.
In his answer, Y avers as a special and
- IV - affirmative defense that he is a tenant of X's
(10%) deceased father in whose name the property
remains registered. What should the court do?
Husband H files a petition for declaration of nullity of Explain briefly. (5%)
marriage before the RTC of Pasig City. Wife W files a b. The heirs of H agree among themselves that
petition for habeas corpus before the RTC of Pasay City, they will honor the division of H's estate as
praying for custody over their minor child. H files a indicated in her Last Will and Testament. To
motion to dismiss the wife's petition on the ground of the avoid the expense of going to court in a Petition
pendency of the other case. Rule. for Probate of the Will, can they instead execute
an Extrajudicial Settlement Agreement among
- V - themselves? Explain briefly. (5%)
(Total 10%)
- IX -
a. Distinguish the effects of the filling of a demurrer (10%)
to the evidence in a criminal case and its filing in
a civil case. (5%) L was charged with illegal possession of shabu before
b. What is reverse trial and when may it be the RTC. Although bail was allowable under his
resorted to? Explain briefly. (5%) indictment, he could not afford to post bail, and so he
remained in detention at the City Jail. For various
- VI - reasons ranging from the promotion of the Presiding
(Total 10%) Judge, to the absence of the trial prosecutor, and to the
lack of the notice to the City Jail Warden, the
arraignment of L was postponed nineteen times over a
a. On his way home, a member of the Caloocan
period of two years. Twice during that period, L's counsel
City police force witnesses a bus robbery in
filed motions to dismiss, invoking the right of the accused
Pasay City and effects the arrest of the suspect.
to a speedy trial. Both motions were denied by the RTC.
Can he bring the suspect to Caloocan City for
Can L file a petition for mandamus? Reason briefly.
- X -
(Total 10%)
NOTHING FOLLOWS.
2006 a. As a mode of appeal from the Regional Trial
Court or the Court of Appeals to the Supreme
Court. 2.5%
b. As a special civil action from the Regional Trial
Court or the Court of Appeals to the Supreme
-I-
Court. 2.5%
c. As a mode of review of the decisions of the
1. What is the concept of remedial law? 2% National Labor Relations Commission and the
2. Distinguish between substantive law and Constitutional Commissions. 2.5%
remedial law. 2%
3. How are remedial laws implemented in our
- VII -
system of government? 2%
4. Distinguish jurisdiction from venue? 2%
5. What do you mean by (a) real actions; and (b) Mark filed with the Bureau of Internal Revenue a
personal actions? 2% complaint for refund of taxes paid, but it was not acted
upon. So, he filed a similar complaint with the Court of
Tax Appeals raffled to one of its Divisions. Mark's
- II -
complaint was dismissed. Thus, he filed with the Court of
Appeals a petition for certiorari under Rule 65.
What court has jurisdiction over an action for specific
performance filed by a subdivision homeowner against a
Does the Court of Appeals have jurisdiction over Mark's
subdivision developer? Choose the correct answer.
petition? 2.5
Explain. 2.5%
- VIII -
1. The Housing and Land Use Regulatory Board
2. The Securities and Exchange Commission
3. The Regional Trial Court Does the Court of Appeals have jurisdiction to review the
4. The Commercial Court or the Regional Trial Decisions in criminal and administrative cases of the
Court designated by the Supreme Court to hear Ombudsman? 2.5%
and decide "commercial cases".
- IX -
- III -
1. What are the requisites for the issuance of (a) a
1. What is forum shopping? 2.5% writ of preliminary injunction; and (b) a final writ
2. Honey filed with the Regional Trial Court, Taal, of injunction? 2.5%
Batangas a complaint for specific performance 2. Distinguish between injunction as an ancillary
against Bernie. For lack of a certification against remedy and injunction as a main action. 2.5%
forum shopping, the judge dismissed the
complaint. Honey's lawyer filed a motion for -X-
reconsideration, attaching thereto an amended
complaint with the certification against forum 1. Define a temporary restraining order (TRO). 2%
shopping. If you were the judge, how will you 2. Maya Regional Trial Court issue injunction
resolve the motion? 5% without bond? 2%
3. What is the duration of a TRO issued by the
- IV - Executive Judge of a Regional Trial Court? 2%
4. Differentiate a TRO from a status quo order. 2%
Jojie filed with the Regional Trial Court of Laguna a 5. Maya justice of a Division of the Court of
complaint for damages against Joe. During the pre-trial, Appeals issue a TRO? 2%
Jojie and her counsel failed to appear despite notice to
both of them. Upon oral motion of Jojie, Joe was - XI -
declared as in default and Jojie was allowed to present
her evidence ex palte. Thereafter, the court rendered its 1. What is an interlocutory order?
Decision in favor of Jojie. 2. What is the difference between a judgment and
an opinion of the court? 2.5%
Joe hired Jose as his counsel. What are the remedies
available to him? Explain. 5% - XII -
- XIV -
- XV -
- XVI -