BAR EXAMINATION 2006

REMEDIAL LAW
INSTRUCTIONS
Ths questonnare conssts of seventeen (17) numbers contaned n nne (9) pages.
Read each queston very carefuy. Answer egby, ceary, and concsey. Start each
number on a separate page; an answer to a sub-queston under the same number
may be wrtten contnuousy on the same page and mmedatey succeedng pages
unt competed. Do not repeat the queston. A mere "Yes" or "No" answer wthout
any correspondng dscusson w not be gven any credt.
- I -
1. What s the concept of remeda aw? 2%
2. Dstngush between substantve aw and remeda aw. 2%
3. How are remeda aws mpemented n our system of government? 2%
4. Dstngush |ursdcton from venue? 2%
5. What do you mean by (a) rea actons; and (b) persona actons? 2%
- II -
What court has |ursdcton over an acton for specfc performance fed by a
subdvson homeowner aganst a subdvson deveoper? Choose the correct answer.
Expan. 2.5%
1. The Housng and Land Use Reguatory Board
2. The Securtes and Exchange Commsson
3. The Regona Tra Court
4. The Commerca Court or the Regona Tra Court desgnated by the Supreme
Court to hear and decde "commerca cases".
- III -
What s forum shoppng? 2.5%
Honey fed wth the Regona Tra Court, Taa, Batangas a compant for specfc
performance aganst Berne. For ack of a certfcaton aganst forum shoppng, the
|udge dsmssed the compant. Honey's awyer fed a moton for reconsderaton,
attachng thereto an amended compant wth the certfcaton aganst forum
shoppng. If you were the |udge, how w you resove the moton? 5%
- IV -
|o|e fed wth the Regona Tra Court of Laguna a compant for damages aganst
|oe. Durng the pre-tra, |o|e and her counse faed to appear despte notce to both
of them. Upon ora moton of |o|e, |oe was decared as n defaut and |o|e was
aowed to present her evdence ex pate. Thereafter, the court rendered ts Decson
n favor of |o|e.
|oe hred |ose as hs counse. What are the remedes avaabe to hm? Expan. 5%
- V -
May Congress enact a aw provdng that a 5,000 square meter ot, apart of the UST
compound n Sampaoc, Mana, be exproprated for the constructon of a park n
honor of former Cty Mayor Arseno Lacson? As compensaton to UST, the Cty of
Mana sha dever ts 5-hectare ot n Sta. Rosa, Laguna orgnay ntended as a
resdenta subdvson for the Mana Cty Ha empoyees. Expan. 5%
- VI -
Expan each mode of certorar:
1. As a mode of appea from the Regona Tra Court or the Court of Appeas
to the Supreme Court. 2.5%
2. As a speca cv acton from the Regona Tra Court or the Court of
Appeas to the Supreme Court. 2.5%
3.As a mode of revew of the decsons of the Natona Labor Reatons
Commsson and the Consttutona Commssons. 2.5%
- VII -
Mark fed wth the Bureau of Interna Revenue a compant for refund of taxes pad,
but t was not acted upon. So, he fed a smar compant wth the Court of Tax
Appeas raffed to one of ts Dvsons. Mark's compant was dsmssed. Thus, he
fed wth the Court of Appeas a petton for certorar under Rue 65.
Does the Court of Appeas have |ursdcton over Mark's petton? 2.5
- VIII -
Does the Court of Appeas have |ursdcton to revew the Decsons n crmna and
admnstratve cases of the Ombudsman? 2.5%
- IX -
1. What are the requstes for the ssuance of (a) a wrt of premnary n|uncton;
and (b) a fna wrt of n|uncton? 2.5%
2. Dstngush between n|uncton as an ancary remedy and n|uncton as a man
acton. 2.5%
- X -
1. Defne a temporary restranng order (TRO). 2%
2. May a Regona Tra Court ssue n|uncton wthout bond? 2%
3. What s the duraton of a TRO ssued by the Executve |udge of a Regona Tra
Court? 2%
4. Dfferentate a TRO from a status quo order. 2%
5. Maya |ustce of a Dvson of the Court of Appeas ssue a TRO? 2%
- XI -
1. What s an nterocutory order?
2. What s the dfference between a |udgment and an opnon of the court? 2.5%
- XII -
Tna Guerrero fed wth the Regona Tra Court of Bfan, Laguna, a compant for
sum of money amountng to P1 Mon aganst Caros Corro. The compant aeges,
among others, that Caros borrowed from Tna the sad amount as evdenced by a
promssory note sgned by Caros and hs wfe, |onty and severay. Caros was
served wth summons whch was receved by Lnda, hs secretary .However, Caros
faed to fe an answer to the compant wthn the 15-day regementary perod.
Hence, Tna fed wth the court a moton to decare Caros n defaut and to aow
her to present evdence ex parte. Fve days thereafter, Caros fed hs verfed
answer to the compant, denyng under oath the genuneness and due executon of
the promssory note; and contendng that he has fuy pad hs oan wth nterest at
12% per annum.
1. Was the summons vady served on Caros? 2.5%
2. If you were the |udge, w you grant Tna's moton to decare Caros n defaut?
2.5%
- XIII -
Sergo Punzaan, Fpno, 50 years od, marred, and resdng at Ayaa Aabang
Vage, Muntnupa Cty , of sound and dsposng mnd, executed a ast w and
testament n Engsh, a anguage spoken and wrtten by hm profcenty. He
dsposed of hs estate consstng of a parce of and n Makat Cty and cash depost
at the Cty Bank n the , sum of P300 Mon. He bequeathed P50 Mon each to hs
3 sons and P150 Mon to hs wfe. He devsed apece of and worth P100 Mon to
Susan, hs favorte daughter-n-Iaw. He named hs best frend, Canco Vda, as
executor of the w wthout bond
1. Is Canco Vda, after earnng of Sergo's death, obged to fe wth the proper
court a petton for probate of the atter's ast w and testament? 2%
2. Supposng the orgna copy of the ast w and testament was ost, can Canco
compe Susan to produce a copy n her possesson to be submtted to the probate
court? 2%
3. Can the probate court appont the wdow as executor of the w? 2%
4. Can the wdow and her chdren sette extra|udcay among themseves the
estate of the deceased? 2%
5. Can the wdow and her chdren ntate a separate petton for partton of the
estate pendng the probate of the ast w and testament by the proper court? 2%
- XIV -
When s ba a matter of rght and when s t a matter of dscreton ? 5%
- XV -
Letca was estranged from her husband Pau for more than a year due to hs
suspcon that she was havng an affar wth Manue, ther neghbor. She was
temporary vng wth her sster n Pasg Cty.
For unknown reasons, the house of Letca's sster was burned, kng the atter.
Letca survved. She saw her husband n the vcnty durng the ncdent. Later, he
was charged wth arson n an Informaton fed wth the Regona Tra Court, Pasg
Cty.
Durng the tra, the prosecutor caed Letca to the wtness stand and offered her
testmony to prove that her husband commtted arson.
Can Letca testfy over the ob|ecton of her husband on the ground of marta
prvege? 5%
- XVI -
What are the requrements n order that an admsson of gut of an accused durng
a custoda nvestgaton be admtted n evdence? 2.5%
As counse of an accused charged wth homcde, you are convnced that he can be
utzed as a state wtness. What procedure w you take? Expan. 2.5%
- XVII -
In 1996, Congress passed Repubc Act No.8189, otherwse known as the Voters'
Regstraton Act of 1996, provdng for computerzaton of eectons. Pursuant
thereto, the COMELEC approved the Voters' Regstraton and Identfcaton System
(VRIS) Pro|ect. It ssued nvtatons to pre-quafy and bd for the pro|ect. After the
pubc bddng, Fotokna was decared the wnnng bdder wth a bd of P6 Bon and
was ssued a Notce of Award. But COMELEC Charman Gener Go ob|ected to the
award on the ground that under the Appropratons Act, the budget for the
COMELEC's modernzaton s ony P1 Bon. He announced to the pubc that the
VRIS pro|ect has been set asde. Two Commssoners sded wth Charman Go, but
the ma|orty voted to uphod the contract.
Meanwhe, Fotokna fed wth the RTC a petton for mandamus to compe the
COMELEC to mpement the contract. The Offce of the Soctor Genera (OSG),
representng Charman Go, opposed the petton on the ground that mandamus
does not e to enforce contractua obgatons. Durng the proceedngs, the ma|orty
Commssoners fed a manfestaton that Charman Go was not authorzed by the
COMELEC En Banc to oppose the petton.
May the OSG represent Charman Go before the RTC notwthstandng that hs
poston s contrary to that of the ma|orty? 5%.
Is a petton for mandamus an approprate remedy to enforce contractua
obgatons? 5%
NOTHING FOLLOWS.
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BAR EXAMINATION 2007
REMEDIAL LAW
- I -
(Tota 10%)
a. What are the rues on the recognton and enforcement of foregn
|udgments n our courts? (6%)
b. Can a foregn arbtra award be enforced n the Phppnes under those
rues? Expan brefy. (2%)
c. How about a goba n|uncton ssued by a foregn court to prevent
dsspaton of funds aganst a defendant theren who has assets n the
Phppnes? Expan brefy. (2%)
- II -
(Tota 10%)
True or Fase. If the answer s fase, expan your answer brefy.
a. The survvng partes rue bars Mara from testfyng for the camant as to
what the deceased |ose had sad to her, n a cam fed by Pedro aganst the
estate of |ose (3%)
b. A defendant who has been decared n defaut can ava of a petton for
reef from the |udgment subsequenty rendered n the case. (3%)
c. A moton s peadng. (2%)
d. A countercam s peadng. (2%)
- III -
(Tota 10%)
1. What s the hearsay rue? (5%)
2. In reaton to the hearsay rue, what do the foowng rues of evdence
have n common? (5%)
a. The rue on statements that are part of the res gestae;
b. The rue on dyng decaratons;
c. The rue on admssons aganst nterest.
- IV -
(10%)
Husband H fes a petton for decaraton of nuty of marrage before the
RTC of Pasg Cty. Wfe W fes a petton for habeas corpus before the RTC of
Pasay Cty, prayng for custody over ther mnor chd. H fes a moton to
dsmss the wfe's petton on the ground of the pendency of the other case.
Rue.
- V -
(Tota 10%)
a. Dstngush the effects of the fng of a demurrer to the evdence n a
crmna case and ts fng n a cv case. (5%)
b. What s reverse tra and when may t be resorted to? Expan brefy. (5%)
- VI -
(Tota 10%)
a. On hs way home, a member of the Caoocan Cty poce force wtnesses a
bus robbery n Pasay Cty and effects the arrest of the suspect. Can he brng
the suspect to Caoocan Cty for bookng snce that s where hs staton s?
Expan brefy. (5%)
b. In the course of servng a search warrant, the poce fnds an uncensed
frearm. Can the poce take the frearm even f t s not covered by the
search warrant? If the warrant s subsequenty quashed, s the poce
requred to return the frearm? Expan brefy. (5%)
- VII -
(Tota 10%)
a. B fes a petton for canceaton of the brth certfcate of her daughter R
on the ground of fasfed matera entres there n made by B's husband as
the nformant. The RTC sets the case for hearng and drects the pubcatons
of the order once a week for three consecutve weeks n a newspaper of
genera crcuaton. Summons was served on the Cv Regstrar but there was
no appearance durng the hearng. The RTC granted the petton. R fed a
petton for annument of |udgment before the Court of Appeas, sayng that
she was not notfed of the petton and hence, the decson was ssued n
voaton of due process. B opposed sayng that the pubcaton of the court
order was suffcent compance wth due process. Rue. (5%)
b. G fes a compant for recovery of possesson and damage aganst F. n the
course of the tra, G marked hs evdence but hs counse faed to fe a
forma offer of evdence. F then presented n evdence tax decaratons n the
name of hs father to estabsh that hs father s a co-owner of the property.
The court rued n favor of F, sayng that G faed to prove soe ownershp of
the property n the face of F's evdence. Was the court correct? Expan
brefy. (5%)
- VIII -
(Tota 10%)
a. X fes an unawfu detaner case aganst Y before the approprate
Metropotan Tra Court. In hs answer, Y avers as a speca and affrmatve
defense that he s a tenant of X's deceased father n whose name the
property remans regstered. What shoud the court do? Expan brefy. (5%)
b. The hers of H agree among themseves that they w honor the dvson of
H's estate as ndcated n her Last W and Testament. To avod the expense
of gong to court n a Petton for Probate of the W, can they nstead
execute an Extra|udca Settement Agreement among themseves? Expan
brefy. (5%)
- IX -
(10%)
L was charged wth ega possesson of shabu before the RTC. Athough ba
was aowabe under hs ndctment, he coud not afford to post ba, and so
he remaned n detenton at the Cty |a. For varous reasons rangng from
the promoton of the Presdng |udge, to the absence of the tra prosecutor,
and to the ack of the notce to the Cty |a Warden, the arragnment of L was
postponed nneteen tmes over a perod of two years. Twce durng that
perod, L's counse fed motons to dsmss, nvokng the rght of the accused
to a speedy tra. Both motons were dened by the RTC. Can L fe a petton
for mandamus? Reason brefy.
- X -
(Tota 10%)
a. RC fed a compant for annument of the forecosure sae aganst Bank V.
n ts answer, Bank V set up a counter cam for actua damages and tgaton
expenses. RC fed a moton to dsmss the countercam on the ground the
Bank V's Answer wth Countercam was not accompaned by a certfcaton
aganst forum shoppng. Rue. (5%)
b. A fes a case aganst B. Whe awatng decson on the case, A goes to the
Unted States to work. Upon her return to the Phppnes, seven years ater,
A dscovers that a decson was rendered by the court n her favor a few
months after she had eft. Can a fe a moton for executon of the |udgment?
Expan brefy. (5%)
NOTHING FOLLOWS.
***********************************************************************
BAR EXAMINATION 2008
REMEDIAL LAW
I
Lan fed an acton for partton and accountng n the Regona Tra Court
(RTC) of Mana aganst her sster Mary Rose, who s a resdent of Sngapore
and s not found n the Phppnes. Upon moton, the court ordered the
pubcaton of the summons for three weeks n a oca tabod, Bugar. Lnda,
an OFW vacatonng n the Phppnes, saw the summons n Bugar and
brought a copy of the tabod when she returned to Sngapore. Lnda showed
the tabod and the page contanng the summons to Mary Rose, who sad,
"Yes I know, my kumare Anta scanned and e-maed that page of Bugar to
me!"
Dd the court acqure |ursdcton over Mary Rose? (4%)
II
Fe fed a sut for coecton of P387,000 aganst Ramon n the RTC of Davao
Cty. Asde from aegng payment as a defense, Ramon n hs answer set up
countercams for P100,000 as damages and P30,000 as attorney's fees as a
resut of the baseess fng of the compant, as we as for P250,000 as the
baance of the purchase prce of the 30 unts of ar condtoners he sod to Fe.
Does the RTC have |ursdcton over Ramon's countercams, and f so, does
he have to pay docket fees therefor? (3%)
Suppose Ramon's countercam for the unpad baance s P310,000, what w
happen to hs countercams f the court dsmsses the compant after
hodng a premnary hearng on Ramon's affrmatve defenses? (3%)
Under the same premse as paragraph (b) above, suppose that nstead of
aegng payment as a defense n hs answer, Ramon fed a moton to
dsmss on that ground, at the same tme settng up hs countercams, and
the court grants hs moton. What w happen to hs countercams? (3%)
III
Angea, a resdent of Ouezon Cty, sued Antono, a resdent of Makat Cty
before the RTC of Ouezon Cty for the reconveyance of two parces of and
stuated n Tarac and Nueva Ec|a, respectvey. May her acton prosper? (3%)
Assumng that the acton was for forecosure on the mortgage of the same
parces of and, what s the proper venue for the acton? (3%)
IV
Fomeno brought an acton n the Metropotan Tra Court (MeTC) of Pasay
Cty aganst Marceno peadng two causes of acton. The frst was a demand
for the recovery of physca possesson of a parce of and stuated n Pasay
Cty wth an assessed vaue of P40,000; the second was a cam for damages
of P500,000 for Marceno's unawfu retenton of the property. Marceno fed
a moton to dsmss on the ground that the tota amount nvoved, whch s
P540,000, s beyond the |ursdcton of the MeTC. Is Marceno correct? (4%)
V
Wthn the perod for fng a responsve peadng, the defendant fed a
moton for b of partcuars that he set for hearng on a certan date.
However, the defendant was surprsed to fnd on the date set for hearng
that the tra court had aready dened the moton on the day of ts fng,
statng that the aegatons of the compant were suffcenty made.
Dd the |udge gravey abuse hs dscreton n actng on the moton wthout
watng for the hearng set for the moton? (3%)
If the |udge grants the moton and orders the pantff to fe and serve the b
of partcuars, can the tra |udge dsmss the case f the pantff does not
compy wth the order? (3%)
VI
After hs propertes were attached, defendant Porfro fed a suffcent
counterbond. The tra court dscharged the attachment. Nonetheess, Porfro
suffered substanta pre|udce due to the unwarranted attachment. In the
end, the tra court rendered a |udgment n Porfro's favor by orderng the
pantff to pay damages because the pantff was not entted to the
attachment. Porfro moved to charge the pantff's attachment bond. The
pantff and hs suretes opposed the moton, camng that the fng of the
counterbond had reeved the pantff's attachment bond from a abty for
the damages. Rue on Porfro's moton. (4%)
VII
The wrt of executon was returned unsatsfed. The |udgment obgee
subsequenty receved nformaton that a bank hods a substanta depost
beongng to the |udgment obgor. If you are the counse of the |udgment
obgee, what steps woud you take to reach the depost to satsfy the
|udgment? (3%)
If the bank denes hodng the depost n the name of the |udgment obgor
but your cent's nformant s certan that the depost beongs to the
|udgment obgor under an assumed name, what s your remedy to reach the
depost? (3%)
VIII
Bembo was charged wth rape. Bembo's father, Ram, approached
Artemon, the vctm's father, durng the premnary nvestgaton and offered
P1 Mon to Artemon to sette the case. Artemon refused the offer.
Durng tra, the prosecuton presented Artemon to testfy on Ram's offer
and thereby estabsh an mped admsson of gut. Is Ram's offer to sette
admssbe n evdence? (3%)
Durng the pre-tra, Bembo personay offered to sette the case for P1
Mon to the prvate prosecutor, who mmedatey put the offer on record n
the presence of the tra |udge. Is Bembo's offer a |udca admsson of hs
gut? (3%)
IX
The search warrant authorzed the sezure of "undetermned quantty of
shabu." Durng the servce of the search warrant, the radng team aso
recovered a ko of dred mar|uana eaves wrapped n newsprnt. The
accused moved to suppress the mar|uana eaves as evdence for the
voaton of Secton 11 of the Comprehensve Dangerous Drugs Act of 2002
snce they were not covered by the search warrant. The State |ustfed the
sezure of the mar|uana eaves under the "pan vew" doctrne. There was
no ndcaton of whether the mar|uana eaves were dscovered and sezed
before or after the sezure of the shabu. If you are the |udge, how woud you
rue on the moton to suppress? (4%)
X
|ose, Aberto and Romeo were charged wth murder. Upon fng of the
nformaton, the RTC |udge ssued the warrants for ther arrest. Learnng of
the ssuance of the warrants, the three accused |onty fed a moton for
renvestgaton and for the reca of the warrants of arrest. On the date set for
hearng of ther moton, none of the accused showed up n court for fear of
beng arrested. The RTC |udge dened ther moton because the RTC dd not
acqure |ursdcton over the persons of the movants. Dd the RTC rue
correcty? (4%)
XI
Arturo ent P1 Mon to hs frend Robert on the condton that Robert
execute a promssory note for the oan and a rea estate mortgage over hs
property ocated n Tagaytay Cty. Robert comped. In hs promssory note
dated September 20, 2006, Robert undertook to pay the oan wthn a year
from ts date at 12% per annum nterest. In |une 2007, Arturo requested
Robert to pay ahead of tme but the atter refused and nssted on the
agreement. Arturo ssued a demand etter and when Robert dd not compy,
Arturo fed an acton to forecose the mortgage. Robert moved to dsmss the
compant for ack of cause of acton as the debt was not yet due. The
resouton of the moton to dsmss was deayed because of the retrement of
the |udge.
On October 1, 2007, pendng resouton of the moton to dsmss, Arturo fed
an amended compant aegng that Robert's debt had n the meantme
become due but that Robert st refused to pay. Shoud the amended
compant be aowed consderng that no answer has been fed? (3%)
Woud your answer be dfferent had Arturo fed nstead a suppementa
compant statng that the debt became due after the fng of the orgna
compant? (2%)
XII
After recevng the adverse decson rendered aganst hs cent, the
defendant, Atty. Skat duy fed a notce of appea. For hs part, the pantff
tmey fed a moton for parta new tra to seek an ncrease n the monetary
damages awarded. The RTC nstead rendered an amended decson further
reducng the monetary awards. Is t necessary for Atty. Skat to fe a second
notce of appea after recevng the amended decson? (3%)
XIII
An her/oppostor n a probate proceedng fed a moton to remove the
admnstrator on the grounds of negect of dutes as admnstrator and
absence from the country. On hs part the her/oppostor served wrtten
nterrogatores to the admnstrator preparatory to presentng the atter as a
wtness. The admnstrator ob|ected, nsstng that the modes of dscovery
appy ony to ordnary cv actons, not speca proceedngs. Rue on the
matter. (4%)
XIV
On August 15, 2008, Edgardo commtted estafa aganst Petrono n the
amount of P3 Mon. Petrono brought hs compant to the Natona Bureau
of Investgaton, whch found that Edgardo had vsted hs awyer twce, the
frst tme on August 14, 2008 and the second on August 16, 2008; and that
both vsts concerned the swndng of Petrono. Durng the tra of Edgardo,
the RTC ssued a subpoena ad testfcandum to Edgardo's awyer for hm to
testfy on the conversatons durng ther frst and second meetngs. May the
subpoena be quashed on the ground of prveged communcaton? Expan
fuy. (4%)
XV
Haf-brothers Roscoe and Savo nherted from ther father a vast tract of
unregstered and. Roscoe succeeded n ganng possesson of the parce of
and n ts entrety and transferrng the tax decaraton thereon n hs name.
Roscoe sod the northern haf to Bono, Savo's cousn. Upon earnng of the
sae, Savo asked Roscoe to convey the southern haf to hm. Roscoe refused
as he even sod one-thrd of the southern haf aong the West to Caro.
Thereupon, Savo fed an acton for the reconveyance of the southern haf
aganst Roscoe ony. Caro was not mpeaded. After fng hs answer, Roscoe
sod the mdde thrd of the southern haf to Nna. Savo dd not amend the
compant to mpead Nna.
After tra, the court rendered |udgment orderng Roscoe to reconvey the
entre southern haf to Savo. The |udgment became fna and executory. A
wrt of executon havng been ssued, the Sherff requred Roscoe, Caro and
Nna to vacate the southern haf and yed possesson thereof to Savo as the
prevang party. Caro and Nna refused, contendng that they are not bound
by the |udgment as they are not partes to the case. Is the contenton
tenabe? Expan fuy. (4%)
XVI
The mutated cadaver of a woman was dscovered near a creek. Due to
wtnesses attestng that he was the ast person seen wth the woman when
she was st ave, Carto was arrested wthn fve hours after the dscovery
of the cadaver and brought to the poce staton. The crme aboratory
determned that the woman had been raped. Whe n poce custody, Carto
broke down n the presence of an assstng counse and oray confessed to
the nvestgator that he had raped and ked the woman, detang the acts
he had performed up to hs dumpng of the body near the creek. He was
genuney remorsefu. Durng the tra, the State presented the nvestgator
to testfy on the ora confesson of Carto. Is the ora confesson admssbe
as evdence of gut? (4%)
XVII
Ben sod a parce of and to De wth rght to repurchase wthn one (1) year.
Ben remaned n possesson of the property. When Ben faed to repurchase
the same, tte was consodated n favor of De. Despte demand, Ben
refused to vacate the and, constranng De to fe a compant for unawfu
detaner. In hs defense, Ben averred that the case shoud be dsmssed
because De had never been n possesson of the property. Is Ben correct?
(4%)
XVIII
Domenco and Gen ved wthout beneft of marrage for twenty years, durng
whch tme they purchased propertes together. After Domenco ded wthout
a w, Gen fed a petton for etters of admnstraton. Domenco's sbngs
opposed the same on the ground that Gen has no ega personaty. Decde.
(4%)
XIX
After Ama had started servng her sentence for voaton of Batas Pambansa
Bg. 22 (BP 22), she fed a petton for wrt of habeas corpus, ctng Vaca vs.
CA where the sentence of mprsonment of a party found guty of voaton of
BP 22 was reduced to a fne equa to doube the amount of the check
nvoved. She prayed that her sentence be smary modfed and that she be
mmedatey reeased from detenton. In the aternatve, she prayed that
pendng determnaton on whether the Vaca rung appes to her, she be
aowed to post ba pursuant to Rue 102, Sec.14, whch provdes that f a
person s awfuy mprsoned or restraned on a charge of havng commtted
an offense not punshabe by death, he may be admtted to ba n the
dscreton of the court. Accordngy, the tra court aowed Ama to post ba
and then ordered her reease. In your opnon, s the order of the tra court
correct -
a. Under Rue 102? (2%)
b. Under the Rues of Crmna Procedure? (2%)
XX
A tugboat owned by Speedy Port Servce, Inc. (SPS) sank n Mana Bay whe
hepng tow another vesse, drownng fve (5) of the crew n the resutng
shpwreck. At the martme board nqury, the four (4) survvors testfed. SPS
engaged Atty. Ey to defend t aganst potenta cams and to sue the
company ownng the other vesse for damages to the tug. Ey obtaned
sgned statements from the survvors. He aso ntervewed other persons, n
some nstance makng memoranda. The hers of the fve (5) vctms fed an
acton for damages aganst SPS.
Pantffs' counse sent wrtten nterrogatores to Ey, askng whether
statements of wtnesses were obtaned; f wrtten, copes were to be
furnshed; f ora, the exact provsons were to be set forth n deta. Ey
refused to compy, argung that the documents and nformaton asked are
prveged communcaton. Is the contenton tenabe? Expan. (4%)
XXI
Compare the certorar |ursdcton of the Supreme Court under the
Consttuton wth that under Rue 65 of the Rues of Cv Procedure. (4%)
Gve at east three nstances where the Court of Appeas may act as a tra
court. (3%)
NOTHING FOLLOWS.
********************************************************************
BAR EXAMINATION 2009
REMEDIAL LAW
PART I
I
TRUE or FALSE. Answer TRUE f the statement s true, or FALSE f the
statement s fase. Expan your answer n not more than two (2) sentences.
(5%)
a. The Vae|o standard refers to |ursprudenta norms consdered by
the court n assessng the probatve vaue of DNA evdence.
b. The One-Day Examnaton of Wtness Rue abbrevates court
proceedngs by havng a wtness fuy examned n ony one day durng
tra.
c. A sut for n|uncton s an acton n rem.
d. Under the doctrne of adoptve admsson, a thrd party's statement
becomes the admsson of the party embracng or espousng t.
e. Summons may be served by ma.
II
Angena sued Armando before the Regona Tra Court (RTC) of Mana to
recover the ownershp and possesson of two parces of and; one stuated n
Pampanga, and the other n Buacan.
a. May the acton prosper? Expan. (2%)
b. W your answer be the same f the acton was for forecosure of the
mortgage over the two parces of and? Why or why not? (2%)
III
Amorsoo, a Fpno ctzen permanenty resdng n New York Cty, fed wth
the RTC of Lpa Cty a Compant for Rescsson of Contract of Sae of Land
aganst Brgdo, a resdent of Barangay San Mgue, Sto. Tomas, Batangas.
The sub|ect property, ocated n Barangay Tasay, Lpa Cty, has an assessed
vaue of P19,700.00. Appended to the compant s Amorsoo's verfcaton
and certfcaton of non-forum shoppng executed n New York Cty, duy
notarzed by Mr. |oseph Brown, Esq., a notary pubc n the State of New York.
Brgdo fed a moton to dsmss the compant on the foowng grounds:
a. The court cannot acqure |ursdcton over the person of Amorsoo
because he s not a resdent of the Phppnes; (2%)
b. The RTC does not have |ursdcton over the sub|ect matter of the
acton nvovng rea property wth an assessed vaue of P19,700.00;
excusve and orgna |ursdcton s wth the Muncpa Tra Court where
the defendant resdes; (3%) and
c. The verfcaton and certfcaton of non-forum shoppng are fatay
defectve because there s no accompanyng certfcaton ssued by the
Phppne Consuate n New York, authentcatng that Mr. Brown s duy
authorzed to notarze the document. (3%)
Rue on the foregong grounds wth reasons.
IV
Pedrto and Tomas, Mayor and Treasurer, respectvey, of the Muncpaty of
San Mgue, Leyte, are charged before the Sandganbayan for voaton of
Secton 3 (e), Repubc Act No. 3019 (Ant-Graft and Corrupt Practces Act).
The nformaton aeges, among others, that the two conspred n the
purchase of severa unts of computer through persona canvass nstead of a
pubc bddng, causng undue n|ury to the muncpaty.
Before arragnment, the accused moved for renvestgaton of the charge,
whch the court granted. After renvestgaton, the Offce of the Speca
Prosecutor fed an amended nformaton duy sgned and approved by the
Speca Prosecutor, aegng the same dectua facts, but wth an addtona
aegaton that the accused gave unwarranted benefts to SB Enterprses
owned by Samue. Samue was aso ndcted under the amended nformaton.
Before Samue was arragned, he moved to quash the amended nformaton
on the ground that the offcer who fed the same had no authorty to do so.
Resove the moton to quash wth reasons. (3%)
V
Frank and Gna were marred on |une 12, 1987 n Mana. Barey a year after
the weddng, Frank exhbted a voent temperament, forcng Gna, for
reasons of persona safety, to ve wth her parents. A year thereafter, Gna
found empoyment as a domestc heper n Sngapore, where she worked for
ten consecutve years. A the tme she was abroad, Gna had absoutey no
communcatons wth Frank, nor dd she hear any news about hm. Whe n
Sngapore, Gna met and fe n ove wth We.
On |uy 4, 2007, Gna fed a petton wth the RTC of Mana to decare Frank
presumptvey dead, so that she coud marry We. The RTC granted Gna's
petton. The Offce of the Soctor Genera (OSG) fed a Notce of Appea
wth the RTC, statng that t was appeang the decson to the Court of
Appeas on questons of fact and aw.
a. Is a petton for Decaraton of Presumptve Death a speca
proceedng? Why or why not? (2%)
b. As the RTC |udge who granted Gna's petton, w you gve due
course to the OSG's Notce of Appea? Expan. (3%)
VI
Arrested n a buy-bust operaton, Edmond was brought to the poce staton
where he was nformed of hs consttutona rghts. Durng the nvestgaton,
Edmond refused to gve any statement. However, the arrestng offcer asked
Edmond to acknowedge n wrtng that sx (6) sachets of "shabu" were
confscated from hm. Edmond consented and aso sgned a recept for the
amount of P3,000.00, aegedy representng the "purchase prce of the
shabu." At the tra, the arrestng offcer testfed and dentfed the
documents executed and sgned by Edmond. Edmond's awyer dd not ob|ect
to the testmony. After the presentaton of the testmona evdence, the
prosecutor made a forma offer of evdence whch ncuded the documents
sgned by Edmond.
Edmond's awyer ob|ected to the admssbty of the documents for beng the
"frut of the posoned tree." Resove the ob|ecton wth reasons. (3%)
VII
Cresenco sued Doscoro for coecton of a sum of money. Durng the tra,
but after the presentaton of pantff's evdence, Doscoro ded. Atty. Cruz,
Doscoro's counse, then fed a moton to dsmss the acton on the ground of
hs cent's death. The court dened the moton to dsmss and, nstead,
drected counse to furnsh the court wth the names and addresses of
Doscoro's hers and ordered that the desgnated admnstrator of Doscoro's
estate be substtuted as representatve party.
After tra, the court rendered |udgment n favor of Cresenco. When the
decson had become fna and executory, Cresenco moved for the ssuance
of a wrt of executon aganst Doscoro's estate to enforce hs |udgment
cam. The court ssued the wrt of executon. Was the court's ssuance of the
wrt of executon proper? Expan. (2%)
VIII
On |uy 15, 2009, Atty. Manananggo was served copes of numerous
unfavorabe |udgments and orders. On |uy 29, 2009, he fed motons for
reconsderaton whch were dened. He receved the notces of dena of the
motons for reconsderaton on October 2, 2009, a Frday. He mmedatey
nformed hs cents who, n turn, unformy nstructed hm to appea. How,
when and where shoud he pursue the approprate remedy for each of the
foowng: (10%)
a. |udgment of a Muncpa Tra Court (MTC) pursuant to ts deegated
|ursdcton dsmssng hs cent's appcaton for and regstraton?
b. |udgment of the Regona Tra Court (RTC) denyng hs cent's
petton for a Wrt of Habeas Data?
c. Order of a Famy Court denyng hs cent's petton for Habeas
Corpus n reaton to custody of a mnor chd?
d. Order of the RTC denyng hs cent's Petton for Certorar
questonng the Metropotan Tra Court's (MeTC's) dena of a moton to
suspend crmna proceedngs?
e. |udgment of the Frst Dvson of the Court of Tax Appeas (CTA)
affrmng the RTC decson convctng hs cent for voaton of the
Natona Interna Revenue Code?
IX
Modesto sued Ernesto for a sum of money, camng that the atter owed hm
P1-mon, evdenced by a promssory note, quoted and attached to the
compant. In hs answer wth countercam, Ernesto aeged that Modesto
coerced hm nto sgnng the promssory note, but that t s Modesto who
reay owes hm P1.5-mon. Modesto fed an answer to Ernesto's
countercam admttng that he owed Ernesto, but ony n the amount of P0.5-
mon. At the pre-tra, Modesto marked and dentfed Ernesto's promssory
note. He aso marked and dentfed recepts coverng payments he made to
Ernesto, to the extent of P0.5-mon, whch Ernesto dd not dspute.
After pre-tra, Modesto fed a moton for |udgment on the peadngs, whe
Ernesto fed a moton for summary |udgment on hs countercam. Resove
the two motons wth reasons. (5%)
X
Upon termnaton of the pre-tra, the |udge dctated the pre-tra order n the
presence of the partes and ther counse, rectng what had transpred and
defnng three (3) ssues to be tred.
a. If, mmedatey upon recept of hs copy of the pre-tra order,
pantff's a counse shoud move for ts amendment to ncude a fourth (4th)
trabe ssue whch he aegedy nadvertenty faedto menton when the
|udge dctated the order. Shoud the moton to amend be granted?
Reasons. (2%)
b. Suppose tra had aready commenced and after the pantff's
second wtness had testfed, the defendant's counse moves for the
amendment of the pre-tra order to ncude a ffth (5th) trabe ssue vta
to hs cent's defense. Shoud the moton be granted over the ob|ecton of
pantff's counse? Reasons. (3%)
PART II
XI
TRUE or FALSE. Answer TRUE f the statement s true, or FALSE f the
statement s fase. Expan your answer n not more than two (2) sentences.
(5%)
a. The accused n a crmna case has the rght to ava of the varous
modes of dscovery.
b. The vatory rght of a wtness served wth a subpoena ad
testfcandum refers to hs rght not to compy wth the subpoena.
c. In the exercse of ts orgna |ursdcton, the Sandganbayan may
grant pettons for the ssuance of a wrt of habeas corpus.
d. An eectronc document s the equvaent of an orgna document
under the Best Evdence Rue f t s a prntout or output readabe by sght
or other means, shown to refect the data accuratey.
e. The fng of a moton for the reconsderaton of the tra court's
decson resuts n the abandonment of a perfected appea.
XII
Mke was rentng an apartment unt n the budng owned by |onathan. When
Mke faed to pay sx months' rent, |onathan fed an e|ectment sut. The
Muncpa Tra Court (MTC) rendered |udgment n favor of |onathan, who then
fed a moton for the ssuance of a wrt of executon. The MTC ssued the
wrt.
a. How can Mke stay the executon of the MTC |udgment? Expan.
(2%)
b. Mke appeaed to the Regona Tra Court (RTC), whch affrmed the
MTC decson. Mke then fed a petton for revew wth the Court of Appeas
(CA). The CA dsmssed the petton on the ground that the sherff had
aready executed the MTC decson and had e|ected Mke from the
premses, thus renderng the appea moot and academc. Is the CA
correct? Reasons. (3%)
XIII
Contnenta Chemca Corporaton (CCC) fed a compant for a sum of money
aganst Barstow Tradng Corporaton (BTC) for the atter's faure to pay for ts
purchases of ndustra chemcas. In ts answer, BTC contended that t
refused to pay because CCC msrepresented that the products t sod
beonged to a new ne, when n fact they were dentca wth CCC's exstng
products. To substantate ts defense, BTC fed a moton to compe CCC to
gve a detaed st of the products' ngredents and chemca components,
reyng on the rght to ava of the modes of dscovery aowed under Rue 27.
CCC ob|ected, nvokng confdentaty of the nformaton sought by BTC.
Resove BTC's moton wth reasons. (3%)
Bnded by extreme |eaousy, Aberto shot hs wfe, Betty, n the presence of
hs sster, Cara. Cara brought Betty to the hospta. Outsde the operatng
room, Cara tod Domngo, a mae nurse, that t was Aberto who shot Betty.
Betty ded whe undergong emergency surgery. At the tra of the parrcde
charges fed aganst Aberto, the prosecutor sought to present Domngo as
wtness, to testfy on what Cara tod hm. The defense counse ob|ected on
the ground that Domngo's testmony s nadmssbe for beng hearsay. Rue
on the ob|ecton wth reasons. (3%)
XIV
The Repubc of the Phppnes, through the Department of Pubc Works and
Hghways (DPWH) fed wth the RTC a compant for the expropraton of the
parce of and owned by |ovto. The and s to be used as an extenson of the
natona hghway. Attached to the compant s a bank certfcate showng
that there s, on depost wth the Land Bank of the Phppnes, an amount
equvaent to the assessed vaue of the property. Then DPWH fed a moton
for the ssuance of a wrt of possesson. |ovto fed a moton to dsmss the
compant on the ground that there are other propertes whch woud better
serve the purpose.
a. W |ovto's moton to dsmss prosper? Expan. (3%)
b. As |udge, w you grant the wrt of possesson prayed for by DPWH?
Expan. (3%)
XV
Forenco sued Guermo for partton of a property they owned n common.
Guermo fed a moton to dsmss the compant because Forenco faed to
mpead Hernando and Inocenco, the other co-owners of the property. As
|udge, w you grant the moton to dsmss? Expan. (3%)
Marano, through hs attorney-n-fact, Marcos, fed wth the RTC of Baguo
Cty a compant for annument of sae aganst Henry. Marcos and Henry both
resde n Asn Road, Baguo Cty, whe Marano resdes n Davao Cty. Henry
fed a moton to dsmss the compant on the ground of prematurty for
faure to compy wth the mandatory barangay concaton. Resove the
moton wth reasons. (3%)
XVI
After the prosecuton had rested and made ts forma offer of evdence, wth
the court admttng a of the prosecuton evdence, the accused fed a
demurrer to evdence wth eave of court. The prosecuton was aowed to
comment thereon. Thereafter, the court granted the demurrer, fndng that
the accused coud not have commtted the offense charged. If the
prosecuton fes a moton for reconsderaton on the ground that the court
order grantng the demurrer was not n accord wth the aw and
|ursprudence, w the moton prosper? Expan your answer. (3%)
A crmna nformaton s fed n court chargng Ansemo wth homcde.
Ansemo fes a moton to quash the nformaton on the ground that no
premnary nvestgaton was conducted. W the moton be granted? Why or
why not? (3%)
XVII
Havng obtaned favorabe |udgment n hs sut for a sum of money aganst
Patrco, Orenco sought the ssuance of a wrt of executon. When the wrt
was ssued, the sherff eved upon a parce of and that Patrco owns, and a
date was set for the executon sae.
a. How may Patrco prevent the sae of the property on executon?
(2%)
b. If Orenco s the purchaser of the property at the executon sae, how
much does he have to pay? Expan. (2%)
c. If the property s sod to a thrd party at the executon sae, what can
Patrco do to recover the property? Expan. (2%)
XVIII
Pnoy ded wthout a w. Hs wfe, Rose, and three chdren executed a deed
of extra|udca settement of hs estate. The deed was propery pubshed
and regstered wth the Offce of the Regster of Deeds. Three years
thereafter, Suzy appeared, camng to be the egtmate chd of Pnoy. She
sought to annu the settement aegng that she was deprved of her rghtfu
share n the estate.
Rose and the three chdren contended that (1) the pubcaton of the deed
consttuted constructve notce to the whoe word, and shoud therefore bnd
Suzy; and (2) Suzy's acton had aready prescrbed.
Are Rose and the three chdren correct? Expan. (4%)
XIX
Dstngush the two (2) modes of appea from the |udgment of the Regona
Tra Court to the Court of Appeas. (3%)
What s the wrt of amparo? How s t dstngushed from the wrt of habeas
corpus? (2%)
What s the wrt of habeas data? (1%)
-NOTHING FOLLOWS-
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BAR EXAMINATION 2010
REMEDIAL LAW
PART I
I
On March 12, 2008, Mabn was charged wth Murder for fatay stabbng
Emo. To prove the quafyng crcumstance of evdent premedtaton, the
prosecuton ntroduced on December 11, 2009 a text message, whch
Mabns estranged wfe Gregora had sent to Emo on the eve of hs death,
readng: "Honey, pa2tayn u n Mabn. Mtga n nyang pano 2. Mg ngat u
bka ma tsug k."
A. A subpoena ad testfcandum was served on Gregora for her to be
presented for the purpose of dentfyng her cephone and the text
message. Mabn ob|ected to her presentaton on the ground of marta
prvege. Resove. (3%)
B. Suppose Mabns ob|ecton n queston A was sustaned. The
prosecuton thereupon announced that t woud be presentng Emos
wfe Gracana to dentfy Emos cephone bearng Gregoras text
message. Mabn ob|ected agan. Rue on the ob|ecton. (2%)
C. If Mabns ob|ecton n queston B was overrued, can he ob|ect to
the presentaton of the text message on the ground that t s hearsay?
(2%)
D. Suppose that shorty before he expred, Emo was abe to send a
text message to hs wfe Gracana readng "Nasaksak ako. D na me
makahnga. S Mabn ang may gawa n2." Is ths text message admssbe
as a dyng decaraton? Expan. (3%)
II
On August 13, 2008, A, as shpper and consgnee, oaded on the M/V Atants
n Legasp Cty 100,000 peces of century eggs. The shpment arrved n
Mana totay damaged on August 14, 2008. A fed before the Metropotan
Tra Court (MeTC) of Mana a compant aganst B Super Lnes, Inc. (B Lnes),
owner of the M/V Atants, for recovery of damages amountng to P167,899.
He attached to the compant the B of Ladng.
A. B Lnes fed a Moton to Dsmss upon the ground that the Regona
Tra Court has excusve orgna |ursdcton over "a actons n admraty
and martme" cams. In hs Repy, A contended that whe the acton s
ndeed "admraty and martme" n nature, t s the amount of the cam,
not the nature of the acton, that governs |ursdcton. Pass on the Moton
to Dsmss. (3%)
B. The MeTC dened the Moton n queston A. B Lnes thus fed an
Answer rasng the defense that under the B of Ladng t ssued to A, ts
abty was mted to P10,000. At the pre-tra conference, B Lnes
defned as one of the ssues whether the stpuaton mtng ts abty to
P10,000 bnds A. A countered that ths was no onger n ssue as B Lnes
had faed to deny under oath the B of Ladng. Whch of the partes s
correct? Expan. (3%)
C. On |uy 21, 2009, B Lnes served on A a "Notce to Take Deposton,"
settng the deposton on |uy 29, 2009 at 8:30 a.m. at the offce of ts
counse n Makat. A faed to appear at the deposton-takng, despte
notce. As counse for B Lnes, how woud you proceed? (3%)
III
Anabe fed a compant aganst B for unawfu detaner before the Muncpa
Tra Court (MTC) of Candaba, Pampanga. After the ssues had been |oned,
the MTC dsmssed the compant for ack of |ursdcton after notng that the
acton was one for accon pubcana.
Anabe appeaed the dsmssa to the RTC whch affrmed t and accordngy
dsmssed her appea. She eevates the case to the Court of Appeas, whch
remands the case to the RTC. Is the appeate court correct? Expan. (3%)
IV
X was drvng the dump truck of Y aong Catteya Street n Sta. Mara,
Buacan. Due to hs neggence, X ht and n|ured V who was crossng the
street. Lawyer L, who wtnessed the ncdent, offered hs ega servces to V.
V, who suffered physca n|ures ncudng a fractured wrst bone, underwent
surgery to screw a meta pate to hs wrst bone. On compant of V, a
crmna case for Reckess Imprudence Resutng n Serous Physca In|ures
was fed aganst X before the Muncpa Tra Court (MTC) of Sta. Mara. Atty.
L, the prvate prosecutor, dd not reserve the fng of a separate cv acton.
V subsequenty fed a compant for Damages aganst X and Y before the
Regona Tra Court of Pangasnan n Urdaneta where he resdes. In hs
"Certfcaton Aganst Forum Shoppng," V made no menton of the pendency
of the crmna case n Sta. Mara.
A. Is V guty of forum shoppng? (2%)
B. Instead of fng an Answer, X and Y move to dsmss the compant
for damages on the ground of ts pendenta. Is the moton mertorous?
Expan. (2%)
C. Suppose ony X was named as defendant n the compant for
damages, may he move for the dsmssa of the compant for faure of V
to mpead Y as an ndspensabe party? (2%)
D. X moved for the suspenson of the proceedngs n the crmna case
to awat the decson n the cv case. For hs part, Y moved for the
suspenson of the cv case to awat the decson n the crmna case. Whch
of them s correct? Expan. (2%)
E. Atty. L offered n the crmna case hs affdavt respectng what he
wtnessed durng the ncdent. Xs awyer wanted to cross-examne Atty. L
who, however, ob|ected on the ground of awyer-cent prvege. Rue on
the ob|ecton. (2%)
V
Charsse, aegng that she was a resdent of Lapu-Lapu Cty, fed a
compant for damages aganst Atanta Bank before the RTC of Lapu-Lapu
Cty, foowng the dshonor of a check she drew n favor of Shrey aganst
her current account whch she mantaned n the banks oca branch.
The bank fed a Moton to Dsmss the compant on the ground that t faed
to state a cause of acton, but t was dened. It thus fed an Answer.
A. In the course of the tra, Charsse admtted that she was a US
ctzen resdng n Los Angees, Caforna and that she was temporary
beted at the Pescado Hote n Lapu-Lapu Cty, drawng the bank to fe
another moton to dsmss, ths tme on the ground of mproper venue,
snce Charsse s not a resdent of Lapu- Lapu Cty.
Charsse opposed the moton ctng the "omnbus moton rue." Rue on
the moton. (3%)
B. Suppose Charsse dd not rase the "omnbus moton rue," can the
|udge proceed to resove the moton to dsmss? Expan. (3%)
C. Suppose the |udge correcty dened the second moton to dsmss
and rendered |udgment n favor of Charsse, orderng the bank to pay her
P100,000 n damages pus ega nterest. The |udgment became fna and
executory n 2008. To date, Charsse has not moved to execute the
|udgment. The bank s concerned that ts abty w ncrease wth the
deay because of the nterest on the |udgment award.
As counse of the bank, what move shoud you take? (3%)
VI
Antque deaer Mercedes borrowed P1,000,000 from antque coector
Ben|amn. Mercedes ssued a postdated check n the same amount to
Ben|amn to cover the debt.
On the due date of the check, Ben|amn deposted t but t was dshonored.
As despte demands, Mercedes faed to make good the check, Ben|amn fed
n |anuary 2009 a compant for coecton of sum of money before the RTC of
Davao. Mercedes fed n February 2009 her Answer wth
Countercam, aegng that before the fng of the case, she and Ben|amn
had entered nto a dacon en pago agreement n whch her vntage
P1,000,000 Roex watch whch was taken by Ben|amn for sae on
commsson was apped to sette her ndebtedness; and that she ncurred
expenses n defendng what she termed a "frvoous awsut." She
accordngy prayed for P50,000 damages.
A. Ben|amn soon after moved for the dsmssa of the case. The tra
court accordngy dsmssed the compant. And t aso dsmssed the
Countercam. Mercedes moved for a reconsderaton of the dsmssa of
the Countercam. Pass upon Mercedes moton. (3%)
B. Suppose there was no Countercam and Ben|amns compant was
not dsmssed, and |udgment was rendered aganst Mercedes for
P1,000,000. The |udgment became fna and executory and a wrt of
executon was correspondngy ssued.
Snce Mercedes dd not have cash to sette the |udgment debt, she
offered her Toyota Camry mode 2008 vaued at P1.2 mon. The Sherff,
however, on request of Ben|amn, sezed Mercedes 17th century vory
mage of the La Sagrada Fama estmated to be worth over P1,000,000.
Was the Sherffs acton n order? (3%)
VII
As Ccero was wakng down a dark aey one mdnght, he saw an "owner-
type |eepney" approachng hm. Sensng that the occupants of the vehce
were up to no good, he darted nto a corner and ran. The occupants of the
vehce - eements from the Western Poce Dstrct - gave chase and
apprehended hm.
The poce apprehended Ccero, frsked hm and found a sachet of 0.09 gram
of shabu tucked n hs wast and a Swss knfe n hs secret pocket, and
detaned hm thereafter. Is the arrest and body-search ega? (3%)
- END OF PART I -
PART II
VIII
Domnque was accused of commttng a voaton of the Human Securty Act.
He was detaned ncommuncado, deprved of seep, and sub|ected to water
torture. He ater aegedy confessed hs gut va an affdavt. After tra, he
was acqutted on the ground that hs confesson was obtaned through
torture, hence, nadmssbe as evdence. In a subsequent crmna case for
torture aganst those who
deprved hm of seep and sub|ected hm to water torture, Domnque was
asked to testfy and to, among other thngs, dentfy hs above-sad affdavt
of confesson. As he was about to dentfy the affdavt, the defense counse
ob|ected on the ground that the affdavt s a frut of a posonous tree. Can
the ob|ecton be sustaned? Expan. (3%)
IX
In a prosecuton for rape, the defense reed on Deoxyrbonucec Acd (DNA)
evdence showng that the semen found n the prvate part of the vctm was
not dentca wth that of the accuseds. As prvate prosecutor, how w you
dspute the veracty and accuracy of the resuts of the DNA evdence? (3%)
X
Marnea s a |unor offcer of the Armed Forces of the Phppnes who cams
to have personay wtnessed the maversaton of funds gven by US
authortes n connecton wth the Bakatan exercses.
Marnea aeges that as a resut of her expos, there are operatves wthn
the mtary who are out to k her. She fes a petton for the ssuance of a
wrt of amparo aganst, among others, the Chef of Staff but wthout aegng
that the atter ordered that she be ked.
Atty. Daro, counse for the Chef of Staff, moves for the dsmssa of the
Petton for faure to aege that hs cent ssued any order to k or harm
Marnea. Rue on Atty. Daros moton. Expan. (3%)
XI
X was arrested for the aeged murder of a 6-year od ad. He was read hs
Mranda rghts mmedatey upon beng apprehended. In the course of hs
detenton, X was sub|ected to three hours of non-stop nterrogaton. He
remaned quet unt, on the 3rd hour, he answered "yes" to the queston of
whether "he prayed for forgveness for shootng down the boy." The tra
court, nterpretng Xs answer as an admsson of gut, convcted hm. On
appea, Xs counse fauted the tra court n ts nterpretaton of hs cents
answer, argung that X nvoked hs Mranda rghts when he remaned quet
for the frst two hours of questonng. Rue on the assgnment of error. (3%)
XII
In a prosecuton for murder, the prosecutor asks accused Darwn f he had
been prevousy arrested for voaton of the Ant- Graft and Corrupt Practces
Act. As defense counse, you ob|ect. The tra court asks you on what
ground/s. Respond. (3%)
XIII
Pocemen brought Lorenzo to the Phppne Genera Hospta (PGH) and
requested one of ts surgeons to mmedatey perform surgery on hm to
retreve a packet of 10 grams of shabu whch they aeged was swaowed by
Lorenzo. Suppose the PGH agreed to, and dd perform the surgery, s the
package of shabu admssbe n evdence? Expan. (3%)
XIV
Czarna ded snge. She eft a her propertes by w to her frend Duqueza.
In the w, Czarna stated that she dd not recognze Marco as an adopted
son because of hs dsrespectfu conduct towards her.
Duqueza soon nsttuted an acton for probate of Czarnas w. Marco, on the
other hand, nsttuted ntestate proceedngs.
Both actons were consodated before the RTC of Pasg. On moton of Marco,
Duquezas petton was ordered dsmssed on the ground that the w s vod
for deprvng hm of hs egtme. Argue for Duqueza. (5%)
XV
Pedro, a F-Am permanent resdent of Los Angees, Caforna at the tme of
hs death, bequeathed to Wnston a sum of money to purchase an annuty.
Upon Pedros demse, hs w was duy probated n Los Angees and the
specfed sum n the w was n fact used to purchase an annuty wth XYZ of
Hong Kong so that Wnston woud receve the equvaent of US$1,000 per
month for the next 15 years.
Wantng to receve the prncpa amount of the annuty, Wnston fes for the
probate of Pedros w n the Makat RTC. As prayed for, the court names
Wnston as admnstrator of the estate.
Wnston now fes n the Makat RTC a moton to compe XYZ to account for a
sums n ts possesson formng part of Pedros estate. Rue on the moton.
(5%)
XVI
Sa Mneo ded ntestate, eavng a P1 bon estate. He was survved by hs
wfe Dayanara and ther fve chdren. Dayanara fed a petton for the
ssuance of etters of admnstraton. Charene, one of the chdren, fed an
opposton to the petton, aegng that there was nether an aegaton nor
genune effort to sette the estate amcaby before the fng of the petton.
Rue on the opposton. (5%)
XVII
What s "res |udcata n prson grey"? (2%)
XVIII
Whe wndow-shoppng at the ma on August 4, 2008, Dante ost hs
organzer ncudng hs credt card and bng statement. Two days ater, upon
reportng the matter to the credt card company, he earned that a one-way
arpane tcket was purchased onne usng hs credt card for a fght to Man
n md- August 2008. Upon extensve nqury wth the arne company, Dante
dscovered that the pane tcket was under the name of one Dna Mer.
Dante approaches you for ega advce.
A. What s the proper procedure to prevent Dna from eavng the
Phppnes? (2%)
B. Suppose an Informaton s fed aganst Dna on August 12, 2008 and
she s mmedatey arrested. What peces of eectronc evdence w
Dante have to secure n order to prove the frauduent onne transacton?
(2%)
XIX
1. Enumerate the requstes of a "tra n absenta" (2%) and a "promugaton
of |udgment n absenta" (2%).
2. Name two nstances where the tra court can hod the accused cvy
abe even f he s acqutted. (2%)
XX
Azenth, the casher of Temptaton Investments, Inc. (Temptaton, Inc.) wth
prncpa offces n Cebu Cty, s equay hated and oved by her co-
empoyees because she extends cash advances or "vaes" to her coeagues
whom she kes. One mornng, Azenth dscovers an anonymous etter
nserted under the
door of her offce threatenng to k her.
Azenth prompty reports the matter to her superor |oshua, who thereupon
conducts an nterna nvestgaton to verfy the sad threat.
Camng that the threat s rea, Temptaton, Inc. opts to transfer Azenth to
ts Paawan Offce, a move she ressts n vew of the companys refusa to
dscose the resuts of ts nvestgaton.
Decryng the move as a vrtua deprvaton of her empoyment, Azenth fes
a petton for the ssuance of a wrt of habeas data before the Regona Tra
Court (RTC) to en|on Temptaton, Inc. from transferrng her on the ground
that the companys refusa to provde her wth a copy of the nvestgaton
resuts compromses her rght to fe, berty and prvacy. Resove the petton.
Expan. (5%)
- NOTHING FOLLOWS -
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Bar Examination Qu!tionnair "or Rm#ia$ La% 2011
Set A
(1) Anna fed a petton for appontment as reguar admnstratrx of her
fathers' estate. Her sster Sopha moved to dsmss the petton on the
ground that 20the partes, as members of the same famy, have not exerted
earnest effort toward a compromse pror to the fng of the petton. Shoud
the petton be dsmssed?
(A) Yes, snce such earnest effort s |ursdctona n a estate cases.
(B) No, snce such earnest effort s not requred n speca proceedngs.
(C) Yes, snce such earnest effort s requred pror to the fng of the case.
(D) No, snce such earnest effort toward a compromse s not requred n
summary proceedngs.
(2) A pendng crmna case, dsmssed provsonay, sha be deemed
permanenty dsmssed f not revved after 2 years wth respect to offenses
punshabe by mprsonment
(A) of more than 12 years.
(B) not exceedng 6 years or a fne not exceedng P1,000.00.
(C) of more than 6 years or a fne n excess of P1,000.00.
(D) of more than 6 years.
(3) Ange was convcted of fase testmony and served sentence. Fve years
ater, she was convcted of homcde. On appea, she apped for ba. May the
Court of Appeas deny her appcaton for ba on ground of habtua
denquency?
(A) Yes, the feones are both punshabe under the Revsed Pena Code.
(B) Yes, her twn convctons ndcated her crmna ncnatons.
(C) No, the feones fa under dfferent ttes n the Revsed Pena Code.
(D) No, the charges are both baabe.
(4) Whch of the foowng s NOT CONSISTENT wth the rues governng
expropraton proceedngs?
(A) The court sha decare the defendant who fas to answer the compant
n defaut and render |udgment aganst hm.
(B) The court sha refer the case to the Board of Commssoners to
determne the amount of |ust compensaton.
(C) The pantff sha make the requred depost and forthwth take
mmedate possesson of the property sought to be exproprated.
(D) The pantff may approprate the property for pubc use after |udgment
and payment of the compensaton fxed n t, despte defendants appea.
(5) Whch of the foowng s a correct statement of the rue on amendment of
the nformaton n a crmna proceedng?
(A) An amendment that downgrades the offense requres eave of court even
before the accused peads.
(B) Substanta amendments are aowed wth eave of court before the
accused peads.
(C) Ony forma amendments are permssbe before the accused peads.
(D) After the pea, a forma amendment may be made wthout eave of court.
(6) Gary who ved n Tagug borrowed P1 mon from Rey who ved n
Makat under a contract of oan that fxed Makat as the venue of any acton
arsng from the contract. Gary had aready pad the oan but Rey kept on
sendng hm etters of demand for some baance. Where s the venue of the
acton for harassment that Gary wants to fe aganst Rey?
(A) In Makat snce the ntent of the party s to make t the venue of any
acton between them whether based on the contract or not.
(B) In Tagug or Makat at the opton of Gary snce t s a persona n|ury
acton.
(C) In Tagug snce Rey receved the etters of demand there.
(D) In Makat snce t s the venue fxed n ther contract.
(7) Whch of the foowng s NOT wthn the power of a |udca recever to
perform?
(A) Brng an acton n hs name.
(B) Compromse a cam.
(C) Dvde the resdua money n hs hands among the persons egay
entted to the same.
(D) Invest the funds n hs hands wthout court approva.
(8) Whch of the foowng precepts forms part of the rues governng sma
cams?
(A) Permssve countercam s not aowed.
(B) The court sha render ts decson wthn 3 days after hearng.
(C) |onder of separate cams s not aowed.
(D) Moton to decare defendant n defaut s aowed.
(9) The Metropotan Tra Court convcted Vrgo and Dna of concubnage.
Pendng appea, they apped for ba, camng they are entted to t as a
matter of rght. Is ther cam correct?
(A) No, ba s not a matter of rght after convcton.
(B) Yes, ba s a matter of rght n a cases not nvovng mora turptude.
(C) No, ba s dependent on the rsk of fght.
(D) Yes, ba s a matter of rght n the Metropotan Tra Court before and
after convcton.
(10) As a rue, the |udge sha receve the evdence personay. In whch of the
foowng crcumstances may the court deegate the recepton of evdence to
the cerk of court?
(A) When a queston of fact arses upon a moton.
(B) When the tra of an ssue of fact requres the examnaton of a ong
account.
(C) In defaut or ex-parte hearngs.
(D) Upon moton of a party on reasonabe grounds.
(11) Whch of the foowng s n accord wth the appcabe rues on
recevershp?
(A) The court may appont the pantff as recever of the property n tgaton
over the defendants ob|ecton.
(B) A recever may be apponted after |udgment f the |udgment obgor
refuses to appy hs property to satsfy the |udgment.
(C) The tra court cannot appont a recever when the case s on appea.
(D) The fng of bond on appontment of a recever s many optona.
(12) Bearng n mnd the dstncton between prvate and pubc document,
whch of the foowng s admssbe n evdence wthout further proof of due
executon or genuneness?
(A) Baptsma certfcates.
(B) Offca record of the Phppne Embassy n Sngapore certfed by the
Vce- Consu wth offca sea.
(C) Documents acknowedged before a Notary Pubc n Hong Kong.
(D) Unbemshed recept dated December 20, 1985 sgned by the promsee,
showng payment of a oan, found among the we-kept fe of the promssor.
(13) Ramon wtnessed the commsson of a crme but he refuses to testfy for
fear of hs fe despte a subpoena beng served on hm. Can the court punsh
hm for contempt?
(A) No, snce no person can be compeed to be a wtness aganst another.
(B) Yes, snce pubc nterest n |ustce requres hs testmony.
(C) No, snce Ramon has a vad reason for not testfyng.
(D) Yes, snce tgants need hep n presentng ther cases.
(14) The rght to ntervene s not absoute. In genera, t CANNOT be aowed
where
(A) the ntervenor has a common nterest wth any of the partes.
(B) t woud enarge the ssues and expand the scope of the remedes.
(C) the ntervenor fas to put up a bond for the protecton of the other
partes.
(D) the ntervenor has a stake n the property sub|ect of the sut.
(15) Whch of the foowng grounds for dsmssa nvoked by the court w
NOT PRECLUDE the pantff from refng hs acton?
(A) Res |udcata.
(B) Lack of |ursdcton over the sub|ect matter.
(C) Unenforceabty under the Statutes of Fraud.
(D) Prescrpton.
(16) When may a co-owner NOT demand the partton of the thng owned n
common?
(A) When the credtor of one of the co-owners has attached the property.
(B) When the property s essentay ndvsbe.
(C) When reated co-owners agreed to keep the property wthn the famy.
(D) When a co-owner uses the property as hs resdence.
(17) The cty prosecutor of Mana fed, upon Soedads compant, a crmna
acton for estafa aganst her sster, Wea, before the RTC of Mana for seng
to Vctor a and that she prevousy sod to Soedad. At the same tme
Soedad fed a cv acton to annu the second sae before the RTC of Ouezon
Cty. May the Mana RTC motu propro suspend the crmna acton on ground
of pre|udca queston?
(A) Yes, f t may be ceary nferred that companant w not ob|ect to the
suspenson of the crmna case.
(B) No, the accused must fe a moton to suspend the acton based on
pre|udca queston.
(C) Yes, f t fnds from the record that such pre|udca queston exsts.
(D) Yes, f t s convnced that due process and far tra w be better served
f the crmna case s suspended.
(18) Whch of the foowng conforms to the appcabe rue on repevn?
(A) The appcant must fe a bond executed to the adverse party n an
amount equa to the vaue of the property as determned by the court.
(B) The property has been wrongfuy detaned by the adverse party.
(C) The appcant has a contngent cam over the property ob|ect of the wrt.
(D) The pantff may appy for the wrt at any tme before |udgment.
(19) Gerry sued XYZ Bus Co. and Rco, ts bus drver, for n|ures Gerry
suffered when ther bus ran off the road and ht hm. Of the two defendants,
ony XYZ Bus Co. fed an answer, aegng that ts bus ran off the road
because one of ts whees got caught n an open manhoe, causng the bus to
swerve wthout the drvers faut. Someone had stoen the manhoe cover
and the road gave no warnng of the danger t posed. On Gerrys moton and
over the ob|ecton of XYZ Bus Co., the court decared Rco, the bus drver, n
defaut and rendered |udgment orderng hm to pay P50,000 n damages to
Gerry. Dd the court act correcty?
(A) No, snce the court shoud have tred the case aganst both defendants
upon the bus companys answer.
(B) No, the court shoud have dropped Rco as defendant snce the moneyed
defendant s the bus company.
(C) Yes, the court can, under the rues, render |udgment aganst the
defendant decared n defaut.
(D) Yes, snce, n fang to answer, Rco may be deemed to have admtted
the aegatons n the compant.
(20) Whch of the foowng has NO PLACE n an appcaton for a repevn
order? A statement
(A) that the property s wrongfuy detaned by the adverse party.
(B) that the property has not been dstraned for a tax assessment or paced
under custoda egs.
(C) of the assessed vaue of the property.
(D) that the appcant owns or has a rght to the possesson of the property.
(21) 008-997-0001 In whch of the foowng nstances s the quantum of
evdence ERRONEOUSLY apped?
(A) n Wrt of Amparo cases, substanta evdence.
(B) to satsfy the burden of proof n cv cases, preponderance of evdence.
(C) to overcome a dsputabe presumpton, cear and convncng evdence.
(D) to rebut the presumptve vadty of a notara document, substanta
evdence.
(22) The accused |umps ba and fas to appear on promugaton of |udgment
where he s found guty. What s the consequence of hs absence?
(A) Counse may appea the |udgment n the absence of the accused.
(B) The |udgment sha be promugated n hs absence and he oses hs rght
of appea.
(C) The promugaton of the |udgment sha be suspended unt he s brought
to the |ursdcton of the court.
(D) The |udgment sha be vod.
(23) What shoud the court sherff do f a thrd party serves on hm an
affdavt of cam coverng the property he had eved?
(A) Ask the |udgment obgee to fe a court-approved ndemnty bond n
favor of the thrd-party camant or the sherff w reease the eved property.
(B) Ask the |udgment obgee to fe a court-approved bond for the sherffs
protecton n case he proceeds wth the executon.
(C) Immedatey ft the evy and reease the eved property.
(D) Ask the thrd-party camant to support hs cam wth an ndemnty bond
n favor of the |udgment obgee and reease the eved property f such bond
s fed.
(24) Whch of the foowng s NOT REGARDED as a suffcent proof of
persona servce of peadngs?
(A) Offca return of the server.
(B) Regstered ma recept.
(C) Wrtten admsson of the party served.
(D) Affdavt of the server wth a statement of the date, pace and manner of
servce.
(25) A sued B for e|ectment. Pendng tra, B ded, survved by hs son, C. No
substtuton of party defendant was made. Upon fnaty of the |udgment
aganst B, may the same be enforced aganst C?
(A) Yes, because the case survved Bs death and the effect of fna |udgment
n an e|ectment case bnds hs successors n-nterest.
(B) No, because C was dened due process.
(C) Yes, because the neggence of Bs counse n fang to ask for
substtuton, shoud not pre|udce A.
(D) No, because the acton dd not survve Bs death.
(26) What s the proper remedy to secure reef from the fna resoutons of
the Commsson On Audt?
(A) Petton for revew on certorar wth the Supreme Court.
(B) Speca cv acton of certorar wth the Court of Appeas.
(C) Speca cv acton of certorar wth the Supreme Court.
(D) Appea to the Court of Appeas.
(27) Whch of the foowng s a duty en|oned on the guardan and covered
by hs bond?
(A) Provde for the proper care, custody, and educaton of the ward.
(B) Ensure the wse and proftabe nvestment of the wards fnanca
resources.
(C) Coect compensaton for hs servces to the ward.
(D) Rase the ward to become a responsbe member of socety.
(28) Berto was charged wth and convcted of voatng a cty ordnance
aganst tterng n pubc paces punshabe by mprsonment of one month or
a fne of P1,000.00. But the cty mayor pardoned hm. A year ater, he was
charged wth voatng a cty ordnance aganst |aywakng whch carred the
same penaty. Need Berto post ba for such offense?
(A) Yes, hs prevous convcton requres postng of ba for the present
charge.
(B) Yes, snce he may be deemed to have voated the terms of hs pardon.
(C) No, because he s presumed nnocent unt proven otherwse.
(D) No, one charged wth the voaton of a cty ordnance s not requred to
post ba, notwthstandng a prevous pardon.
(29) Whch of the foowng cams survve the death of the defendant and
need not be presented as a cam aganst the estate?
(A) Contngent money cams arsng from contract.
(B) Unenforced money |udgment aganst the decedent, wth death occurrng
before evy on executon of the property.
(C) Cams for damages arsng from quas-dect.
(D) Cams for funera expenses.
(30) In a case, the prosecutor asked the medca expert the queston,
"Assumng that the assaant was behnd the deceased before he attacked
hm, woud you say that treachery attended the kng?" Is ths hypothetca
queston permssbe?
(A) No, snce t asks for hs ega opnon.
(B) Yes, but condtonay, sub|ect to subsequent proof that the assaant was
ndeed behnd the deceased at that tme.
(C) Yes, snce hypothetca questons may be asked of an expert wtness.
(D) No, snce the medca expert has no persona knowedge of the fact.
(31) The cty prosecutor charged Ben wth serous physca n|ures for
stabbng Terence. He was tred and convcted as charged. A few days ater,
Terence ded due to severe nfecton of hs stab wounds. Can the prosecuton
fe another nformaton aganst Ben for homcde?
(A) Yes, snce Terences death shows rreguarty n the fng of the earer
charge aganst hm.
(B) No, doube |eopardy s present snce Ben had aready been convcted of
the frst offense.
(C) No, there s doube |eopardy snce serous physca n|ures s necessary
ncuded n the charge of homcde.
(D) Yes, snce supervenng event atered the knd of crme the accused
commtted.
(32) Arvn was caught n fagrante decto seng drugs for P200,000.00. The
poce offcers confscated the drugs and the money and brought them to the
poce staton where they prepared the nventory duy sgned by poce offcer
Oscar Moreno. They were, however, unabe to take pctures of the tems. W
ths defcency destroy the chan of custody rue n the drug case?
(A) No, a breach of the chan of custody rue n drug cases, f satsfactory
expaned, w not negate convcton.
(B) No, a breach of the chan of custody rue may be offset by presentaton n
court of the drugs.
(C) Yes, chan of custody n drug cases must be strcty observed at a tmes
to preserve the ntegrty of the confscated tems.
(D) Yes, compance wth the chan of custody rue n drug cases s the ony
way to prove the accuseds gut beyond reasonabe doubt.
(33) A sued B n the RTC of Ouezon Cty, |onng two causes of acton: for
partton of rea property and breach of contract wth damages. Both partes
resde n Ouezon Cty but the rea property s n Mana. May the case be
dsmssed for mproper venue?
(A) Yes, snce causes of acton pertanng to dfferent venues may not be
|oned n one acton.
(B) No, snce causes of acton pertanng to dfferent venues may be |oned n
the RTC f one of the causes of acton fas wthn ts |ursdcton.
(C) Yes, because speca cv acton may not be |oned wth an ordnary cv
acton.
(D) No, snce pantff may unquafedy |on n one compant as many
causes of acton as he has aganst opposng party.
(34) What s the doctrne of |udca stabty or non nterference?
(A) Once |ursdcton has attached to a court, t can not be deprved of t by
subsequent happenngs or events.
(B) Courts w not hear and decde cases nvovng ssues that come wthn
the |ursdcton of admnstratve trbunas.
(C) No court has the authorty to nterfere by n|uncton wth the |udgment of
another court of coordnate |ursdcton.
(D) A hgher court w not entertan drect resort to t uness the redress
sought cannot be obtaned from the approprate court.
(35) Whch of the foowng admssons made by a party n the course of
|udca proceedngs s a |udca admsson?
(A) Admssons made n a peadng sgned by the party and hs counse
ntended to be fed.
(B) An admsson made n a peadng n another case between the same
partes.
(C) Admsson made by counse n open court.
(D) Admssons made n a compant superseded by an amended compant.
(36) What defenses may be rased n a sut to enforce a foregn |udgment?
(A) That the |udgment s contrary to Phppne procedura rues.
(B) None, the |udgment beng entted to fu fath and credt as a matter of
genera comty among natons.
(C) That the foregn court erred n the apprecaton of the evdence.
(D) That extrnsc fraud affcted the |udgment.
(37) Cndy charged her husband, George, wth bgamy for a pror subsstng
marrage wth Teresa. Cndy presented Rc and Pat, neghbors of George and
Teresa n Cebu Cty, to prove, frst, that George and Teresa cohabted there
and, second, that they estabshed a reputaton as husband and wfe. Can
Cndy prove the bgamy by such evdence?
(A) Yes, the crcumstanta evdence s enough to support a convcton for
bgamy.
(B) No, at east one drect evdence and two crcumstanta evdence are
requred to support a convcton for bgamy.
(C) No, the crcumstanta evdence s not enough to support a convcton for
bgamy.
(D) No, the crcumstanta evdence cannot overcome the ack of drect
evdence n any crmna case.
(38) To prove payment of a debt, Bong testfed that he heard Ambo say, as
the atter was handng over money to Tesse, that t was n payment of debt.
Is Bongs testmony admssbe n evdence?
(A) Yes, snce what Ambo sad and dd s an ndependenty reevant
statement.
(B) No, snce what Ambo sad and dd was not n response to a startng
occurrence.
(C) No, snce Bongs testmony of what Ambo sad and dd s hearsay.
(D) Yes, snce Ambos statement and acton, sub|ect of Bongs testmony,
consttutes a verba act.
(39) Consderng the quafcatons requred of a woud-be wtness, who
among the foowng s INCOMPETENT to testfy?
(A) A person under the nfuence of drugs when the event he s asked to
testfy on took pace.
(B) A person convcted of per|ury who w testfy as an attestng wtness to a
w.
(C) A deaf and dumb.
(D) A menta retardate.
(40) Arthur, a resdent foregner sod hs car to Bren. After beng pad but
before deverng the car, Arthur repaced ts orgna sound system wth an
nferor one. Bren dscovered the change, re|ected the car, and demanded
the return of hs money. Arthur dd not compy. Meantme, hs company
reassgned Arthur to Sngapore. Bren fed a cv acton aganst Arthur for
contractua fraud and damages. Upon hs appcaton, the court ssued a wrt
of premnary attachment on the grounds that (a) Arthur s a foregner; (b)
he departed from the Phppnes; and (c) he was guty of fraud n
contractng wth Bren. Is the wrt of premnary attachment proper?
(A) No, Arthur s a foregner vng abroad; he s outsde the courts
|ursdcton.
(B) Yes, Arthur commtted fraud n changng the sound system and ts
components before deverng the car bought from hm.
(C) Yes the tmng of hs departure s presumptve evdence of ntent to
defraud.
(D) No, snce t was not shown that Arthur eft the country wth ntent to
defraud Bren.
(41) What s the movants remedy f the tra court ncorrecty denes hs
moton to dsmss and reated moton for reconsderaton?
(A) Answer the compant.
(B) Fe an admnstratve acton for gross gnorance of the aw aganst the
tra |udge.
(C) Fe a speca cv acton of certorar on ground of grave abuse of
dscreton.
(D) Appea the orders of dena.
(42) Durng tra, pantff offered evdence that appeared rreevant at that
tme but he sad he was eventuay gong to reate to the ssue n the case by
some future evdence. The defendant ob|ected. Shoud the tra court re|ect
the evdence n queston on ground of rreevance?
(A) No, t shoud reserve ts rung unt the reevance s shown.
(B) Yes, snce the pantff coud anyway subsequenty present the evdence
anew.
(C) Yes, snce rreevant evdence s not admssbe.
(D) No, t shoud admt t condtonay unt ts reevance s shown.
(43) Ben testfed that |ame, charged wth robbery, has commtted bag-
snatchng three tmes on the same street n the ast sx months. Can the
court admt ths testmony as evdence aganst |ame?
(A) No, snce there s no showng that Ben wtnessed the past three
robberes.
(B) Yes, as evdence of hs past propensty for commttng robbery.
(C) Yes, as evdence of a pattern of crmna behavor provng hs gut of the
present offense.
(D) No, snce evdence of gut of a past crme s not evdence of gut of a
present crme.
(44) What s the rght correaton between a crmna acton and a petton for
Wrt of Amparo both arsng from the same set of facts?
(A) When the crmna acton s fed after the Amparo petton, the atter sha
be dsmssed.
(B) The proceedng n an Amparo petton s crmna n nature.
(C) No separate crmna acton may be nsttuted after an Amparo petton s
fed.
(D) When the crmna acton s fed after the Amparo petton, the atter sha
be consodated wth the frst.
(45) Aex fed a petton for wrt of amparo aganst Meba reatve to hs
daughter Ton's nvountary dsappearance. Aex sad that Meba was Ton's
empoyer, who, days before Ton dsappeared, threatened to get rd of her at
a costs. On the other hand, Meba countered that she had nothng to do
wth Ton's dsappearance and that she took steps to ascertan Ton's
whereabouts. What s the quantum of evdence requred to estabsh the
partes' respectve cams?
(A) For Aex, probabe cause; for Meba, substanta evdence.
(B) For Aex, preponderance of evdence; for Meba, substanta evdence.
(C) For Aex, proof beyond reasonabe doubt; for Meba, ordnary dgence.
(D) For both, substanta evdence.
(46) In whch of the foowng stuatons s the decaraton of a deceased
person aganst hs nterest NOT ADMISSIBLE aganst hm or hs successors
and aganst thrd persons?
(A) Decaraton of a |ont debtor whe the debt subssted.
(B) Decaraton of a |ont owner n the course of ownershp.
(C) Decaraton of a former co-partner after the partnershp has been
dssoved.
(D) Decaraton of an agent wthn the scope of hs authorty.
(47) Defendant Dante sad n hs answer: "1. Pantff Pera cams that
defendant Dante owes her P4,000 on the mobe phone that she sod hm; 2.
But Pera owes Dante P6,000 for the dent on hs car that she borrowed." How
shoud the court treat the second statement?
(A) A cross cam
(B) A compusory countercam
(C) A thrd party compant
(D) A permssve countercam
(48) How w the court sherff enforce the demoton of mprovements?
(A) He w gve a 5-day notce to the |udgment obgor and, f the atter does
not compy, the sherff w have the mprovements forcby demoshed.
(B) He w report to the court the |udgment obgors refusa to compy and
have the atter cted n contempt of court.
(C) He w demosh the mprovements on speca order of the court,
obtaned at the |udgment obgees moton.
(D) He w nform the court of the |udgment obgors noncompance and
proceed to demosh the mprovements.
(49) When may the ba of the accused be canceed at the nstance of the
bondsman?
(A) When the accused |umps ba.
(B) When the bondsman surrenders the accused to the court.
(C) When the accused fas to pay hs annua premum on the ba bond.
(D) When the accused changes hs address wthout notce to the bondsman.
(50) Whch of the foowng MISSTATES a requste for the ssuance of a
search warrant?
(A) The warrant specfcay descrbes the pace to be searched and the
thngs to be sezed.
(B) Presence of probabe cause.
(C) The warrant ssues n connecton wth one specfc offense.
(D) |udge determnes probabe cause upon the affdavts of the companant
and hs wtnesses.
(51) Ranger Motors fed a repevn sut aganst Bart to recover possesson of
a car that he mortgaged to t. Bart dsputed the cam. Meantme, the court
aowed, wth no opposton from the partes, Mdway Repar Shop to
ntervene wth ts cam aganst Bart for unpad repar bs. On subsequent
moton of Ranger Motors and Bart, the court dsmssed the compant as we
as Mdway Repar Shops nterventon. Dd the court act correcty?
(A) No, snce the dsmssa of the nterventon bars the rght of Bart to fe a
separate acton.
(B) Yes, nterventon s merey coatera to the prncpa acton and not an
ndependent proceedng.
(C) Yes, the rght of the ntervenor s merey n ad of the rght of the orgna
party, whch n ths case had ceased to exst.
(D) No, snce havng been aowed to ntervene, the ntervenor became a
party to the acton, entted to have the ssue t rased tred and decded.
(52) The accused was convcted for estafa thru fasfcaton of pubc
document fed by one of two offended partes. Can the other offended party
charge hm agan wth the same crme?
(A) Yes, snce the wrong done the second offended party s a separate crme.
(B) No, snce the offense refers to the same seres of act, prompted by one
crmna ntent.
(C) Yes, snce the second offended party s entted to the vndcaton of the
wrong done hm as we.
(D) No, snce the second offended party s n estoppe, not havng |oned the
frst crmna acton.
(53) Henry testfed that a month after the robbery Asong, one of the
accused, tod hm that Caros was one of those who commtted the crme
wth hm. Is Henrys testmony regardng what Asong tod hm admssbe n
evdence aganst Caros?
(A) No, snce t s hearsay.
(B) No, snce Asong dd not make the statement durng the conspracy.
(C) Yes, snce t consttutes admsson aganst a co-consprator.
(D) Yes, snce t part of the res gestae.
(54) Dorothy fed a petton for wrt of habeas corpus aganst her husband,
Roy, to get from hm custody of ther 5 year od son, |eff. The court granted
the petton and requred Roy to turn over |eff to hs mother. Roy sought
reconsderaton but the court dened t. He fed a notce of appea fve days
from recept of the order denyng hs moton for reconsderaton. Dd he fe a
tmey notce of appea?
(A) No, snce he fed t more than 2 days after recept of the decson
grantng the petton.
(B) No, snce he fed t more than 2 days after recept of the order denyng
hs moton for reconsderaton.
(C) Yes, snce he fed t wthn 15 days from recept of the dena of hs
moton for reconsderaton.
(D) Yes, snce he fed t wthn 7 days from recept of the dena of hs moton
for reconsderaton.
(55) Ange Kubeta fed a petton to change hs frst name "Ange." After the
requred pubcaton but before any opposton coud be receved, he fed a
notce of dsmssa. The court confrmed the dsmssa wthout pre|udce. Fve
days ater, he fed another petton, ths tme to change hs surname
"Kubeta." Agan, Ange fed a notce of dsmssa after the pubcaton. Ths
tme, however, the court ssued an order, confrmng the dsmssa of the
case wth pre|udce. Is the dsmssa wth pre|udce correct?
(A) Yes, snce such dsmssa wth pre|udce s mandatory.
(B) No, snce the rue on dsmssa of acton upon the pantffs notce does
not appy to speca proceedngs.
(C) No, snce change of name does not nvove pubc nterest and the rues
shoud be beray construed.
(D) Yes, snce the rue on dsmssa of acton upon the pantffs notce
appes and the two cases nvove a change n name.
(56) A compant wthout the requred "verfcaton"
(A) sha be treated as unsgned.
(B) acks a |ursdctona requrement.
(C) s a sham peadng.
(D) s consdered not fed and shoud be expunged.
(57) The decsons of the Commsson on Eectons or the Commsson on
Audt may be chaenged by
(A) petton for revew on certorar fed wth the Supreme Court under Rue
45.
(B) petton for revew on certorar fed wth the Court of Appeas under Rue
42.
(C) appea to the Supreme Court under Rue 54.
(D) speca cv acton of certorar under Rue 65 fed wth the Supreme
Court.
(58) Whch of the foowng states a correct gudene n hearng appcatons
for ba n capta offenses?
(A) The hearng for ba n capta offenses s summary; the court does not st
to try the merts of the case.
(B) The prosecutons conformty to the accuseds moton for ba s proof that
ts evdence of hs gut s not strong.
(C) The accused, as appcant for ba, carres the burden of showng that the
prosecutons evdence of hs gut s not strong.
(D) The prosecuton must have fu opportunty to prove the gut of the
accused.
(59) Apart from the case for the settement of her parents' estate, Betty fed
an acton aganst her sster, Sgma, for reconveyance of tte to a pece of
and. Betty camed that Sgma forged the sgnatures of ther ate parents to
make t appear that they sod the and to her when they dd not, thus
pre|udcng Bettys egtme. Sgma moved to dsmss the acton on the
ground that the dspute shoud be resoved n the estate proceedngs. Is
Sgma correct?
(A) Yes, questons of coaton shoud be resoved n the estate proceedngs,
not n a separate cv case.
(B) No, snce questons of ownershp of property cannot be resoved n the
estate proceedngs.
(C) Yes, n the sense that Betty needs to wat unt the estate case has been
termnated.
(D) No, the fng of the separate acton s proper; but the estate proceedng
must be suspended meantme.
(60) What s the consequence of the un|ustfed absence of the defendant at
the pre-tra?
(A) The tra court sha decare hm as n defaut.
(B) The tra court sha mmedatey render |udgment aganst hm.
(C) The tra court sha aow the pantff to present evdence ex-parte.
(D) The tra court sha expunge hs answer from the record.
(61) What s the remedy of the accused f the tra court erroneousy denes
hs moton for premnary nvestgaton of the charge aganst hm?
(A) Wat for |udgment and, on appea from t, assgn such dena as error.
(B) None snce such order s fna and executory.
(C) Ask for reconsderaton; f dened, fe petton for certorar and
prohbton.
(D) Appea the order denyng the moton for premnary nvestgaton.
(62) Whch of the foowng renders a compant for unawfu detaner
defcent?
(A) The defendant cams that he owns the sub|ect property.
(B) The pantff has toerated defendants possesson for 2 years before
demandng that he vacate t.
(C) The pantffs demand s for the essee to pay back rentas or vacate.
(D) The essor nsttutes the acton aganst a essee who has not pad the
stpuated rents.
(63) In a |udca forecosure proceedng, under whch of the foowng
nstances s the court NOT ALLOWED to render defcency |udgment for the
pantff?
(A) If the mortgagee s a bankng nsttuton.
(B) f upon the mortgagors death durng the proceedng, the mortgagee
submts hs cam n the estate proceedng.
(C) If the mortgagor s a thrd party who s not sodary abe wth the
debtor.
(D) If the mortgagor s a non-resdent person and cannot be found n the
Phppnes.
(64) In whch of the foowng cases s the pantff the rea party n nterest?
(A) A credtor of one of the co-owners of a parce of and, sung for partton
(B) An agent actng n hs own name sung for the beneft of a dscosed
prncpa
(C) Assgnee of the essor n an acton for unawfu detaner
(D) An admnstrator sung for damages arsng from the death of the
decedent
(65) The defendant n an acton for sum of money fed a moton to dsmss
the compant on the ground of mproper venue. After hearng, the court
dened the moton. In hs answer, the defendant camed prescrpton of
acton as affrmatve defense, ctng the date aeged n the compant when
the cause of acton accrued. May the court, after hearng, dsmss the acton
on ground of prescrpton?
(A) Yes, because prescrpton s an excepton to the rue on Omnbus Moton.
(B) No, because affrmatve defenses are barred by the earer moton to
dsmss.
(C) Yes, because the defense of prescrpton of acton can be rased at
anytme before the fnaty of |udgment.
(D) No, because of the rue on Omnbus Moton.
(66) What s the effect of the faure of the accused to fe a moton to quash
an nformaton that charges two offenses?
(A) He may be convcted ony of the more serous offense.
(B) He may n genera be convcted of both offenses.
(C) The tra sha be vod.
(D) He may be convcted ony of the esser offense.
(67) Whch of the foowng s a correct appcaton of the rues nvoved n
consodaton of cases?
(A) Consodaton of cases pendng n dfferent dvsons of an appeate court
s not aowed.
(B) The court n whch severa cases are pendng nvovng common
questons of aw and facts may hear ntay the prncpa case and suspend
the hearng n the other cases.
(C) Consodaton of cases pendng n dfferent branches or dfferent courts s
not permssbe.
(D) The consodaton of cases s done ony for tra purposes and not for
appea.
(68) Summons was served on "MCM Theater," a busness entty wth no
|urdca personaty, through ts offce manager at ts pace of busness. Dd
the court acqure |ursdcton over MCM Theaters owners?
(A) Yes, an unregstered entty ke MCM Theater may be served wth
summons through ts offce manager.
(B) No, because MCM has no |urdca personaty and cannot be sued.
(C) No, snce the rea partes n nterest, the owners of MCM Theater, have
not been served wth summons.
(D) Yes snce MCM, as busness entty, s a de facto partnershp wth |urdca
personaty.
(69) Fraud as a ground for new tra must be extrnsc as dstngushed from
ntrnsc. Whch of the foowng consttutes extrnsc fraud?
(A) Cousve suppresson by pantffs counse of a matera evdence vta to
hs cause of acton.
(B) Use of per|ured testmony at the tra.
(C) The defendants frauduent representaton that caused damage to the
pantff.
(D) Use of fasfed documents durng the tra.
(70) Upon revew, the Secretary of |ustce ordered the pubc prosecutor to
fe a moton to wthdraw the nformaton for estafa aganst Sagun for ack of
probabe cause. The pubc prosecutor comped. Is the tra court bound to
grant the wthdrawa?
(A) Yes, snce the prosecuton of an acton s a prerogatve of the pubc
prosecutor.
(B) No, snce the companant has aready acqured a vested rght n the
nformaton.
(C) No, snce the court has the power after the case s fed to tsef
determne probabe cause.
(D) Yes, snce the decson of the Secretary of |ustce n crmna matters s
bndng on courts.
(71) Unexpaned or un|ustfed non-|onder n the Compant of a necessary
party despte court order resuts n
(A) the dsmssa of the Compant.
(B) suspenson of proceedngs.
(C) contempt of court.
(D) waver of pantffs rght aganst the unpeaded necessary party.
(72) Whch of the foowng CANNOT be dsputaby presumed under the rues
of evdence?
(A) That the thng once proved to exst contnues as ong as s usua wth
thngs of that nature.
(B) That the aw has been obeyed.
(C) That a wrtng s truy dated.
(D) That a young person, absent for 5 years, t beng unknown whether he
st ves, s consdered dead for purposes of successon.
(73) 008-464-0001 Whch of the foowng s NOT REOUIRED n a petton for
mandamus?
(A) The act to be performed s not dscretonary.
(B) There s no other adequate remedy n the ordnary course of aw.
(C) RIGHT ANSWER The respondent negects to perform a cear duty under a
contract.
(D) The pettoner has a cear ega rght to the act demanded.
(74) When s the defendant entted to the return of the property taken under
a wrt of repevn?
(A) When the pantffs bond s found nsuffcent or defectve and s not
repaced.
(B) When the defendant posts a redevery bond equa to the vaue of the
property sezed.
(C) When the pantff takes the property and dsposes of t wthout the
sherffs approva.
(D) When a thrd party cams the property taken yet the appcant does not
fe a bond n favor of the sherff.
(75) Character evdence s admssbe
(A) n crmna cases, the accused may prove hs good mora character f
pertnent to the mora trat nvoved n the offense charged.
(B) n crmna cases, the prosecuton may prove the bad mora character of
the accused to prove hs crmna predsposton.
(C) n crmna cases, the bad mora character of the offended party may not
be proved.
(D) when t s evdence of the good character of a wtness even pror to
mpeachment.
(76) Xs acton for sum of money aganst Y amountng to P80,000.00 accrued
before the effectvty of the rue provdng for shortened procedure n
ad|udcatng cams that do not exceed P100,000.00. X fed hs acton after
the rue took effect. W the new rue appy to hs case?
(A) No snce what appes s the rue n force at the tme the cause of acton
accrued.
(B) No, snce new procedura rues cover ony cases where the ssues have
aready been |oned.
(C) Yes, snce procedura rues have retroactve effect.
(D) Yes, snce procedura rues generay appy prospectvey to pendng
cases.
(77) A moton for reconsderaton of a decson s pro forma when
(A) t does not specfy the defects n the |udgment.
(B) t s a second moton for reconsderaton wth an aternatve prayer for
new tra.
(C) t reterates the ssues aready passed upon but nvtes a second ook at
the evdence and the arguments.
(D) ts arguments n support of the aeged errors are grossy erroneous.
(78) Whch of the foowng correcty states the rue on forecosure of
mortgages?
(A) The rue on forecosure of rea estate mortgage s suppetory appcabe
to extra|udca forecosures.
(B) In |udca forecosure, an order of confrmaton s necessary to vest a
rghts n the purchaser.
(C) There s equty of redempton n extra-|udca forecosure.
(D) A rght of redempton by the |udgment obgor exsts n |udca
forecosure.
(79) The nformaton charges PNP Chef Lus Santos, (Saary Grade 28), wth
"takng advantage of hs pubc poston as PNP Head by feonousy shootng
|OSE ONA, nfctng on the atter morta wounds whch caused hs death."
Based soey on ths aegaton, whch court has |ursdcton over the case?
(A) Sandganbayan ony
(B) Sandganbayan or Regona Tra Court
(C) Sandganbayan or Court Marta
(D) Regona Tra Court ony
(80) Dstngush between concusveness of |udgment and bar by pror
|udgment.
(A) Concusveness of |udgment bars another acton based on the same
cause; bar by pror |udgment precudes another acton based on the same
ssue.
(B) Concusveness of |udgment bars ony the defendant from questonng t;
bar by pror |udgment bars both pantff and defendant.
(C) Concusveness of |udgment bars a matters drecty ad|udged; bar by
pror |udgment precudes a matters that mght have been ad|udged.
(D) Concusveness of |udgment precudes the fng of an acton to annu
such |udgment; bar by pror |udgment aows the fng of such an acton.
(81) Whch of the foowng matters s NOT A PROPER SUB|ECT of |udca
notce?
(A) Persons have ked even wthout motve.
(B) Muncpa ordnances n the muncpates where the MCTC sts.
(C) Teeconferencng s now a way of conductng busness transactons.
(D) Brtsh aw on successon personay known to the presdng |udge.
(82) The RTC of Maoos, Branch 1, ssued a wrt of executon aganst Rene for
P20 mon. The sherff eved on a schoo budng that appeared to be
owned by Rene. Mare, however, fed a thrd party cam wth the sherff,
despte whch, the atter schedued the executon sae. Mare then fed a
separate acton before the RTC of Maoos, Branch 2, whch ssued a wrt of
premnary n|uncton en|onng the sherff from takng possesson and
proceedng wth the sae of the eved property. Dd Branch 2 correcty act n
ssung the n|uncton?
(A) Yes, snce the rues aow the fng of the ndependent sut to check the
sherffs wrongfu act n evyng on a thrd partys property.
(B) Yes, snce Branch 2, ke Branch 1, s part of the RTC of Maoos.
(C) No, because the proper remedy s to seek reef from the same court
whch rendered the |udgment.
(D) No, snce t consttutes nterference wth the |udgment of a co-equa
court wth concurrent |ursdcton.
(83) What s the effect and ramfcaton of an order aowng new tra?
(A) The courts decson sha be hed n suspenson unt the defendant coud
show at the reopenng of tra that t has to be abandoned.
(B) The court sha mantan the part of ts |udgment that s unaffected and
vod the rest.
(C) The evdence taken upon the former tra, f matera and competent,
sha reman n use.
(D) The court sha vacate the |udgment as we as the entre proceedngs
had n the case.
(84) Whch of the foowng s suffcent to dsaow a w on the ground of
mstake?
(A) An error n the descrpton of the and devsed n the w.
(B) The ncuson for dstrbuton among the hers of propertes not beongng
to the testator.
(C) The testator ntended a donaton ntervvos but unwttngy executed a
w.
(D) An error n the name of the person nomnated as executor.
(85) As a rue, the estate sha not be dstrbuted pror to the payment of a
charges to the estate. What w |ustfy advance dstrbuton as an excepton?
(A) The estate has suffcent resdua assets and the dstrbutees fe
suffcent bond.
(B) The specfc property sought to be dstrbuted mght suffer n vaue.
(C) An agreement among the hers regardng such dstrbuton.
(D) The conformty of the ma|orty of the credtors to such dstrbuton.
(86) A party aggreved by an nterocutory order of the Cv Servce
Commsson (CSC) fed a petton for certorar and prohbton wth the Court
of Appeas. May the Court of Appeas take cognzance of the petton?
(A) Yes, provded t rases both questons of facts and aw.
(B) No, snce the CSC Charman and Commssoners have the rank of |ustces
of the Court of Appeas.
(C) No, snce the CSC s a Consttutona Commsson.
(D) Yes, snce the Court of Appeas has |ursdcton over the petton
concurrent wth the Supreme Court.
(87) Whch of the foowng s appeaabe?
(A) An order of defaut aganst the defendant.
(B) The dena of a moton to dsmss based on mproper venue.
(C) The dsmssa of an acton wth pre|udce.
(D) The dsaowance of an appea.
(88) Whch of the foowng s NOT REOUIRED of a decaraton aganst nterest
as an excepton to the hearsay rue?
(A) The decarant had no motve to fasfy and beeved such decaraton to
be true.
(B) The decarant s dead or unabe to testfy.
(C) The decaraton reates to a fact aganst the nterest of the decarant.
(D) At the tme he made sad decaraton he was unaware that the same was
contrary to hs aforesad nterest.
(89) To prove the dentty of the assaant n a crme of homcde, a poce
offcer testfed that, Andy, who dd not testfy n court, ponted a fnger at
the accused n a poce neup. Is the poce offcers testmony regardng
Andy's dentfcaton of the accused admssbe evdence?
(A) Yes, snce t s based on hs persona knowedge of Andys dentfcaton of
the accused.
(B) Yes, snce t consttutes an ndependenty reevant statement.
(C) No, snce the poce had the accused dentfed wthout warnng hm of hs
rghts.
(D) No, snce the testmony s hearsay.
(90) In whch of the foowng cases s the testmony n a case nvovng a
deceased barred by the Survvorshp Dsquafcaton Rue or Dead Man
Statute?
(A) Testmony aganst the hers of the deceased defendant who are
substtuted for the atter.
(B) The testmony of a mere wtness who s nether a party to the case nor s
n prvty wth the atter.
(C) The testmony of an oppostor n a and regstraton case fed by the
decedents hers.
(D) The testmony s offered to prove a cam ess than what s estabshed
under a wrtten document sgned by the decedent.
(91) The prosecuton moved for the dscharge of Romy as state wtness n a
robbery case t fed aganst Zoo, Amado, and hm. Romy testfed,
consstent wth the sworn statement that he gave the prosecuton. After
hearng Romy, the court dened the moton for hs dscharge. How w dena
affect Romy?
(A) Hs testmony sha reman on record.
(B) Romy w be prosecuted aong wth Zoo and Amado.
(C) Hs abty, f any, w be mtgated.
(D) The court can convct hm based on hs testmony.
(92) In proceedngs for the settement of the estate of deceased persons, the
court n whch the acton s pendng may propery
(A) pass upon queston of ownershp of a rea property n the name of the
deceased but camed by a stranger.
(B) pass upon wth the consent of a the hers the ssue of ownershp of
estate asset, contested by an her f no thrd person s affected.
(C) rue on a cam by one of the hers that an estate asset was hed n trust
for hm by the deceased.
(D) rescnd a contract of ease entered nto by the deceased before death on
the ground of contractua breach by the essee.
(93) Whch of the foowng stpuatons n a contract w supersede the
venue for actons that the rues of cv procedure fx?
(A) In case of tgaton arsng from ths contract of sae, the preferred venue
sha be n the proper courts of Makat.
(B) Shoud the rea owner succeed n recoverng hs stoen car from buyer X,
the atter sha have recourse under ths contract to seer Y excusvey
before the proper Cebu Cty court.
(C) Venue n case of dspute between the partes to ths contract sha soey
be n the proper courts of Ouezon Cty.
(D) Any dspute arsng from ths contract of sae may be fed n Makat or
Ouezon Cty.
(94) Aan was rdng a passenger |eepney drven by Ben that coded wth a
car drven by Cesar, causng Aan n|ury. Not knowng who was at faut, what
s the best that Aan can do?
(A) Fe a tort acton aganst Cesar.
(B) Awat a |udca fndng regardng who was at faut.
(C) Sue Ben for breach of contract of carrage.
(D) Sue both Ben and Cesar as aternatve defendants.
(95) A surety company, whch provded the ba bond for the reease of the
accused, fed a moton to wthdraw as surety on the ground of the accuseds
non-payment of the renewa premum. Can the tra court grant the
wthdrawa?
(A) No, snce the suretys undertakng s not annua but asts up to |udgment.
(B) Yes, snce surety companes woud fod up otherwse.
(C) No, snce the surety company techncay takes the pace of the accused
wth respect to court attendance.
(D) Yes, snce the accused has breached ts agreement wth the surety
company.
(96) To prove that Susan stabbed her husband Emer, Rco testfed that he
heard Leon runnng down the street, shoutng exctedy, "Snasaksak daw n
Susan ang asawa nya! (I heard that Susan s stabbng her husband!)" Is
Leon's statement as narrated by Rco admssbe?
(A) No, snce the startng event had passed.
(B) Yes, as part of the res gestae.
(C) No, snce the excted statement s tsef hearsay.
(D) Yes, as an ndependenty reevant statement.
(97) Whch of the foowng NOT TRUE regardng the doctrne of |udca
herarchy?
(A) It derves from a specfc and mandatory provson of substantve aw.
(B) The Supreme Court may dsregard the doctrne n cases of natona
nterest and matters of serous mpcatons.
(C) A hgher court w not entertan drect recourse to t f redress can be
obtaned n the approprate courts.
(D) The reason for t s the need for hgher courts to devote more tme to
matters wthn ther excusve |ursdcton.
(98) Pantff Manny sad n hs compant: "3. On March 1, 2001 defendant
Letty borrowed P1 mon from pantff Manny and made a promse to pay
the oan wthn sx months." In her answer, Letty aeged: "Defendant Letty
specfcay denes the aegatons n paragraph 3 of the compant that she
borrowed P1 mon from pantff Manny on March 1, 2001 and made a
promse to pay the oan wthn sx months." Is Lettys dena suffcent?
(A) Yes, snce t consttutes specfc dena of the oan.
(B) Yes, snce t consttutes postve dena of the exstence of the oan.
(C) No, snce t fas to set forth the matters defendant reed upon n support
of her dena.
(D) No, snce she fas to set out n par. 2 of her answer her speca and
affrmatve defenses.
(99) When may an nformaton be fed n court wthout the premnary
nvestgaton requred n the partcuar case beng frst conducted?
(A) Foowng an nquest, n cases of those awfuy arrested wthout a
warrant.
(B) When the accused, whe under custoda nvestgaton, nforms the
arrestng offcers that he s wavng hs rght to premnary nvestgaton.
(C) When the accused fas to chaenge the vadty of the warrantess arrest
at hs arragnment.
(D) When the arrestng offcers take the suspect before the |udge who ssues
a detenton order aganst hm.
(100) In a cv acton nvovng three separate causes of acton, the court
rendered summary |udgment on the frst two causes of acton and tred the
thrd. After the perod to appea from the summary |udgment expred, the
court ssued a wrt of executon to enforce the same. Is the wrt of executon
proper?
(A) No, beng parta, the summary |udgment s nterocutory and any appea
from t st has to reckon wth the fna |udgment.
(B) Yes snce, assumng the |udgment was not appeaabe, the defendant
shoud have questoned t by speca cv acton of certorar.
(C) No, snce the rues do not aow a parta summary |udgment.
(D) No, snce speca reason s requred for executon pendng rendton of a
fna decson n the case.
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2012 BAR EXAMINATION&
REMEDIAL LAW
1. In settement proceedngs, appea may be taken from an:
a) order appontng a speca admnstrator;
b) order appontng an admnstrator;
c) order of an admnstrator to recover property of the estate;
d) order to ncude or excude property from the estate.
2. Under the Rues on the Wrt of Amparo, nterm reef orders may be
ssued by the Court except:
a) producton order;
b) wtness protecton order;
c) hod departure order;
d) temporary protecton order.
3. A narratve testmony s usuay ob|ected to but the court may aow such
testmony f:
a) t woud expedte tra and gve the court a cearer understandng of
the matters reated;
b) the wtness s of advanced age;
c) the testmony reates to famy geneaogy;
d) the wtness vounteers nformaton not sought by the examner.
4. In defaut of parents, the court may appont a guardan for a mnor gvng
frst preference to:
a) an oder brother or sster who s over 18 years od.
b) the actua custodan over 21 years od.
c) a paterna grandparent
d) an unce or aunt over 21 years od.
5. In rea actons, the docket and fng fees are based on:
a) far market vaue of the property.
b) assessed vaue of the property.
c) SIR zona vaue of the property.
d) far market vaue of the property and amount of damages camed.
6. X fed a moton for B of Partcuars, after beng served wth summons
and a copy of the compant However, X's moton dd not contan a notce of
hearng. The court may therefore:
a) requre the cerk of court to caendar the moton.
b) motu propro dsmss the moton for not compyng wth Rue 15.
c) aow the partes the opportunty to be heard.
d) return the moton to X's counse for amendment.
7. A wants to fe a Petton for Wrt of Habeas Data aganst the AFP n
connecton wth threats to hs fe aegedy made by AFP ntegence offcers.
A needs copes of AFP hghy cassfed ntegence reports coected by Sgt.
Santos who s from AFP. A can fe hs petton wth:
a) RTC where AFP s ocated;
b) RTC where Sgt. Santos resdes;
c) Supreme Court;
d) Court of Appeas.
8. W was arrested n the act of commttng a crme on October 1, 2011. After
an nquest hearng, an nformaton was fed aganst W and hs awyer
earned of the same on October 5, 2011. W wants to fe a moton for
premnary nvestgaton and therefore he has ony up to to fe the same. ---
a) October 20, 2011;
b) October 10, 2011;
c) November 15, 2011;
d) October 16, 2011.
9. Premnary Prohbtve In|uncton w not e:
a) to en|on repeated trespass on and.
b) n pettons for certorar and mandamus.
c) to restran mpementaton of natona government nfrastructure
pro|ect.
d) to restran votng of dsputed shares of stock.
10. A defendant who fas to fe a tmey Answer or responsve peadng w
not be decared n defaut n:
a) probate proceedngs where the estate s vaued at P1 00,000;
b) forcbe entry cases;
c) coecton case not exceedng P100,000;
d) voaton of renta aw.
11. The vadty of a search warrant s days:
a) 15
b) 30
c) 60
d) 120
12. An accused may move for the suspenson of hs arragnment f:
a) a moton for reconsderaton s pendng before the nvestgatng
prosecutor.
b) accused s bonded and hs bondsman faed to notfy hm of hs
schedued arragnment.
c) a pre|udca queston exsts.
d) there s no avaabe pubc attorney.
13. P faed to appear at the promugaton of |udgment wthout |ustfabe
cause. The |udgment convcted P for sght physca n|ures. |udgment may
therefore be promugated n the foowng manner:
a) By the readng of the |udgment n the presence of ony the |udge.
b) By the cerk of court n the presence of P's counse.
c) By the cerk of court n the presence of a representatve of P.
d) By enterng the |udgment nto the crmna docket of the court.
14. Beng decared n defaut does not consttute a waver of a rghts.
However, the foowng rght s consdered waved:
a) be cted and caed to testfy as a wtness
b) fe a moton for new tra
c) partcpate n deposton takng of wtnesses of adverse party
d) fe a petton for certorar
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201' BAR EXAMINATION&
REMEDIAL LAW
I.
Afe Bravo fed wth the Regona Tra Court of Caoocan, a compant for a
sum of money aganst Chare Deta. The cam s for Php1.5Mon. The
compant aeges that Chare borrowed the amount from Afe and duy
executed a promssory note as evdence of the oan. Chares offce
secretary, Esther, receved the summons at Chares offce.Chare faed to
fe an answer wthn the requred perod, and Afe moved to decare Chare
n defaut and to be aowed to present evdence ex parte. Ten days ater,
Chare fed hs verfed answer, rasng the defense of fu payment wth
nterest.
I(A) Was there proper and vad servce of summons on Chare? (3%)
I(B) If decared n defaut, what can Chare do to obtan reef? (4%)
II.
Yvonne, a young and oney OFW, had an ntmate reatonshp abroad wth a
frend, Percy. Athough Yvonne comes home to Mana every sx months, her
foregn postng st eft her husband Daro oney so that he aso engaged n
hs own extramarta actvtes. In one partcuary exharatng sesson wth
hs grfrend, Daro ded. Wthn 180 days from Daros death, Yvonne gves
brth n Mana to a baby boy. Irate reatves of Daro contempate crmnay
chargng Yvonne for adutery and they hre your aw frm to hande the case.
II(A) Is the contempated crmna acton a vabe opton to brng? (3%)
II(B) Is a cv acton to mpugn the paternty of the baby boy feasbe,
and f so, n what proceedng may such ssue be determned? (5%)
III.
Whe n hs Nssan Patro and hurryng home to Ouezon Cty from hs work n
Makat, Gary fgured n a vehcuar mshap aong that porton of EDSA wthn
the Cty of Mandauyong. He was bumped from behnd by a Ford Expedton
SUV drven by Horace who was observed usng hs ceuar phone at the tme
of the coson. Both vehces - more than 5 years od - no onger carred
nsurance other than the compusory thrd party abty nsurance. Gary
suffered physca n|ures whe hs Nssan Patro sustaned damage n excess
of Php500,000.
III(A) As counse for Gary, descrbe the process you need to undertake
startng from the pont of the ncdent f Gary woud proceed crmnay
aganst Horace, and dentfy the court wth |ursdcton over the case. (3%)
III(B) If Gary chooses to fe an ndependent cv acton for damages,
expan brefy ths type of acton: ts ega bass; the dfferent
approaches n pursung ths type of acton; the evdence you woud
need;and types of defenses you coud expect. (5%)
IV.
At the Pubc Attorneys Offce staton n Tagug where you are assgned, your
work requres you to act as pubc defender at the oca Regona Tra Court
and to hande cases nvovng ndgents.
IV(A) In one crmna acton for quafed theft where you are the
defense attorney, you earned that the woman accused has been n
detenton for sx months, yet she has not been to a courtroom nor seen a
|udge.
What remedy woud you undertake to address the stuaton and what
forum woud you use to nvoke ths reef? (3%)
IV(B) In another case, aso for quafed theft, the detaned young
domestc heper has been brought to court fve tmes n the ast sx
months, but the prosecuton has yet to commence the presentaton of ts
evdence.You fnd that the reason for ths s the contnued absence of
the empoyer-companant who s workng overseas.
What remedy s approprate and before whch forum woud you nvoke
ths reef? (3%)
IV(C) St n another case, ths tme for ega possesson of dangerous
drugs, the prosecuton has rested but you saw from the records that the
ega substance aegedy nvoved has not been dentfed by any of the
prosecuton wtnesses nor has t been the sub|ect of any stpuaton.
Shoud you now proceed posthaste to the presentaton of defense
evdence or consder some other remedy? Expan the remeda steps you
propose to undertake. (3%)
IV(D) In one other case, an ndgent mother seeks assstance for her
14-year od son who has been arrested and detaned for macous mschef.
Woud an appcaton for ba be the approprate remedy or s there
another remedy avaabe? |ustfy your chosen remedy and outne the
approprate steps to take. (3%)
V.
The spouses |uan resde n Ouezon Cty. Wth ther ottery wnnngs,they
purchased a parce of and n Tagaytay Cty for P100,000.00. In a recent trp
to ther Tagaytay property, they were surprsed to see hasty assembed
sheters of ght materas occuped by severa fames of nforma setters
who were not there when they ast vsted the property three (3) months ago.
To rd the spouses Tagaytay property of these nforma setters, brefy
dscuss the ega remedy you, as ther counse, woud use; the steps you
woud take; the court where you woud fe your remedy f the need arses;
and the reason/s for your actons. (7%)
VI.
Whe esurey wakng aong the street near her house n Markna, Patty
unknowngy stepped on a garden too eft behnd by CCC, a constructon
company based n Makat. She ost her baance as a consequence and fe
nto an open manhoe. Fortunatey, Patty suffered no ma|or n|ures except
for contusons, bruses and scratches that dd not requre any hosptazaton.
However, she ost sef-esteem, suffered embarrassment and rdcue, and had
bouts of anxety and bad dreams about the accdent. She wants vndcaton
for her uncaed for experence and hres you to act as counse for her and to
do whatever s necessary to recover at east Php100,000 for what she
suffered.
What acton or actons may Patty pursue, aganst whom, where (court and
venue), and under what ega bass? (7%)
VII.
You are the defense counse of Angea Btun who has been charged under
RA 3019 (Ant-Graft and Corrupt Practces Act) before the Sandganbayan.
Whe Angea has posted ba, she has yet to be arragned.Angea reveaed to
you that she has not been nvestgated for any offense and that t was ony
when poce offcers showed up at her resdence wth a warrant of arrest that
she earned of the pendng case aganst her. She wonders why she has been
charged before the Sandganbayan when she s not n government servce.
VII(A) What "before-tra" remedy woud you nvoke n Angeas behaf
to address the fact that she had not been nvestgated at a, and how
woud you ava of ths remedy? (4%)
VII(B) What "durng-tra" remedy can you use to aow an eary
evauaton of the prosecuton evdence wthout the need of presentng
defense evdence; when and how can you ava of ths remedy? (4%)
VIII.
On hs way to the PNP Academy n Sang, Cavte on board a pubc transport
bus as a passenger, Poce Inspector Masgasg of the Vaenzuea Poce
wtnessed an on-gong armed robbery whe the bus was traversng Makat.
Hs aertness and tranng enabed hm to fo the robbery and to subdue the
maefactor. He dsarmed the feon and whe frskng hm,dscovered another
handgun tucked n hs wast. He sezed both handguns and the maefactor
was ater charged wth the separate crmes of robbery and ega possesson
of frearm.
VIII(A) Where shoud Poce Inspector Masgasg brng the feon for
crmna processng? To Sang, Cavte where he s bound; to Makat where
the bus actuay was when the feones took pace; or back to Vaenzuea
where he s statoned? Whch court has |ursdcton over the crmna
cases? (3%)
VIII(B) May the charges of robbery and ega possesson of frearm be
fed drecty by the nvestgatng prosecutor wth the approprate court
wthout a premnary nvestgaton? (4%)
IX.
For over a year, Nenta had been estranged from her husband Water
because of the atters suspcon that she was havng an affar wth Vadmr,
a barangay kagawad who ved n nearby Mandauyong. Nenta ved n the
meantme wth her sster n Makat. One day, the house of Nentas sster
nexpcaby burned amost to the ground. Nenta and her sster were caught
nsde the house but Nenta survved as she fed n tme, whe her sster tred
to save beongngs and was caught nsde when the house coapsed.
As she was runnng away from the burnng house, Nenta was surprsed to
see her husband aso runnng away from the scene. Dr. Caros, Waters
psychatrst who ved near the burned house and whom Water medcay
consuted after the fre, aso saw Water n the vcnty some mnutes before
the fre. Concdentay, Fr. Patno, the parsh prest who reguary hears
Waters confesson and who heard t after the fre, aso encountered hm not
too far away from the burned house.
Water was charged wth arson and at hs tra, the prosecuton moved to
ntroduce the testmones of Nenta, the doctor and the prest-confessor,who
a saw Water at the vcnty of the fre at about the tme of the fre.
IX(A) May the testmony of Nenta be aowed over the ob|ecton of
Water? (3%)
IX(B) May the testmony of Dr. Caros, Waters psychatrst, be aowed
over Waters ob|ecton? (3%)
IX(C) May the testmony of Fr. Patno, the prest-confessor, be aowed
over Waters ob|ecton? (3%)
X.
As a new awyer, Attorney Novato mted hs practce to sma cams cases,
ega counseng and the notarzaton of documents. He put up a soo practce
aw offce and was asssted by hs wfe who served as hs secretary/heper.
He used a makeshft hut n a vacant ot near the oca courts and a oca
transport reguatory agency. Wth ths practce and ocaton, he dd not have
bg-tme cents but en|oyed heavy patronage assstng wak-n cents.
X(A) What roe can Attorney Novato pay n sma cams cases when
awyers are not aowed to appear as counse n these cases? (3%)
X(B) What ega remedy, f any, may Attorney Novato pursue for a
cent who oses n a sma cams case and before whch trbuna or court
may ths be pursued? (4%)
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