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REM 2 FINALS EXAMINATION

OCTOBER 25, 2013


QUESTIONS
1. Elements of dying declaration?
2. Counsel asked: How and when you were able to know the defendant. As
opposing counsel, what would be your objection?
3. What is relaxed admissibility of evidence?
4. What is curative admissibility?
5. Counsel asked: Isnt it possible for the accused to be at the scene of the
crime. As opposing counsel, what would be your objection?
6. What is the doctrine of continuing threat?
7. Appointment of regular administrator? Remedy? How?
8. What is a hostile witness?
9. What is the filial privilege rule?
10. What is the statute of non-claims?
11. In a claim for dismissal, who has the burden of proof?
12. Is intervention by an unpaid creditor allowed in the settlement of estate?
13. Appointment of special administrator? Remedy? Why?
14. Adverse decision of Habeas Corpus? Remedy?
15. What is the sexual abuse shield?
16. Order of inclusion of properties? Remedy?
17. What is an interlocutory confession?
18. Requisite of a valid judicial admission?
19. When can an extra-judicial admission become a judicial admission?
20. Alternative remedies of mortgagee in case of death of mortgagor?
21. What is an independent relevant statement?
22. What is the doctrine of presumed identity?

23. Exceptions to the limitation of presentation of object evidence?


24. When will Rule 65 apply in a special proceeding?
25. Remedy on disallowance of claim of creditor in the settlement of estate?
26. Declaration of heirship? Remedy?
27. A recruited BCD. A has no license to recruit. BCD filed an illegal recruitment
case against A. BCD, still not contented, filed a case of estafa against A at the
same court. The counsel of A filed a motion to dismiss the case of estafa on the
ground of double jeopardy. Decide on the motion.
28. Requisite of a lost or destroyed will in order for it to be probated?
29. What is Falsa Demonstracion Don Lucet?
30. What is revival of present memory?
31. A foreign will was not probated in accordance with the foreign country and
not made in accordance with the foreign law. Can it be probated here in the Phil.?
32. Instances of warrantless arrest in environmental cases?
33. What is the quantum of evidence in the criminal aspect of environmental
cases?
34. Definition of clear and convincing evidence?
35. Quantum of evidence to defense of alibi?
36. When can you enforce the settlement obtained in barangay conciliation?
37. ABCD while in a drinking session saw E passing by and beat him to death.
During trial, F, the wife of A, was called to testify on the witness stand. The
counsel for ABCD objected on the ground of marital disqualification. Decide.
38. A while walking was stabbed by B. A approached a bystander and requested
that the latter call a priest because he wants to make a confession. C, a priest,
came. A while under the consciousness of an impending death said I know I
have no reason for living then made his confession and afterwards died. Can
the priest be called to testify?
39. A died leaving a holographic will. B and C attested to the signature. D filed
for probate of holographic will and called B &C as witnesses. E contested the
probate on the ground of forgery. Decide.
40. Chinese National bought land in the Philippines. Later, he sold it to a Filipino
citizen. The Chinese National died. The Government, upon acquiring knowledge
of such fact of death, investigated the history of the property. Upon knowing that
the property sold originally belong to the Chinese National, the government
instituted escheat proceeding. Is the proceeding proper? Remedy?

41. What is equiponderance of evidence?


42. ABC are squatter on the land of D. D filed a case for unlawful detainer against
ABC and obtained a favourable judgment. The court then issued a writ of
demolition. ABC filed to the court a writ of amparo on the ground of danger to life
and security?
43. The court ordered the accused for DNA testing. During the presentation of
evidence, the result of the DNA test cannot be presented because it was missing.
What is the effect?
44. How to question impropriety of DNA testing?
45. A raped B. B was able to identify A as the assailant. During trial, the DNA test
shows that the semen does not belong to A. Decide.
46. Agreement admits of two interpretations........ Lord Bacon rule to....
hehehehehehehe!!!!
47. Quantum of evidence in writ of amparo?
48. A was caught in a buy bust operation. B was called to testify and presented
in evidence of the photocopy of the money used in the buy bust operation. The
adverse counsel objected on the ground of best evidence? Decide.
49. Is there a need to prove conspiracy by direct evidence?
50. What is proffer of evidence?
51. A is a legitimate child. B is an illegitimate child. In the will, only A will inherit.
A instituted a probate proceeding for the will. B contested the proceedings on the
ground that the court has no jurisdiction to declare the status of an heir during
probate proceeding. Decide.
52. Is declaration of presumptive death of the decedent/testator necessary in
order for the settlement of estate to prosper?
53. A, a naturalized American citizen married B. A and B divorced. A married C. A
died. C applied for letters of administration. D, the son of A and B, opposed to
the letters of administration under the claim that he should be the one declared
to be administrator. Decide.
54. A reported for work and B the security guard frisk A. During the frisking, B
touched the private part of A. A slapped B thereafter. B then took the cellphone
number of A. Several days later, B sent a text message to A containing the
message Be Careful. A, feeling threatened, filed for a writ of amparo. Decide.
55. A raped B. B got pregnant. A ordered for DNA testing of the child to prove his
innocence. The test showed that he is not the father of the child. Decide. (Basta
impregnation not element of crime of rape... yun na yun)
56. Slight Physical injury filed at MTC. Is MR allowed?

57. In the above problem, if the case was elevated to the RTC on appeal. Is MR
allowed?
58. MTC rendered a decision. The RTC assailed the decision of the MTC through
certiorari. Remedy? How?
59. Effect of grant of DNA testing?
60. Court ordered DNA testing. Accused refused. Remedy?
61. Are testimonies given greater weight than affidavits? Why?
62. Requisite of judicial confession?
63. Is the court required to take judicial notice of documents which are relevant
to the issue of the case? Why?
64. Which of the following is consistent with broadside objection?
65. Which of the following does not constitute double jeopardy?
66. Rule 121, is MR allowed?
67. A and B are sweethearts. B broke up with A. As retaliation, A then text a
photo shopped picture of a nude body with the superimposed face of B. The
picture was then presented for evidence. The counsel of A raised an objection on
the ground of non-admissibility in criminal proceedings. Decide.
68. A and B are talking about the disbursement of funds. C overheard it through
his two way radio then recorded the whole conversation. When called to testify,
he presented in evidence the recording of the conversation. Is the recording
admissible in evidence?
69. A and B are talking about a car accident that happened to C. A died. B was
then called to testify on the conversation he had with A. C objected on the
ground of hearsay. Decide.
70. Piola, an incoming male model, have two sexual organ. Filed a Petition for
change of name? Decide.
71. Jenny Kagandahan-Silverio is an illegitimate child. In her birth certificate it
appears the she is legitimate. She wants then to remove the Silverio as part of
her name due to her being an illegitimate child. Remedy.
72. Requirements in order for alibi to be a valid defense?
73. Corys estate owns an apartment unit which had been leased to Gloria but
she failed to pay the monthly rentals for one year amounting to 400t. Noynoy
being the administrator of the estate filed a case before the court for an action
for recovery of possession of the property and payment of rentals. During the
plaintiffs presentation of evidence, counsel for Gloria asked Noynoy regarding
the statement of Cory to Gloria that the latter can stay in the premises as long

as she wants. If you were the counsel for Noynoy, What is your ground for
objection? (Mockbar)
74. A died in his home in Zamboanga City leaving properties located in
Pampanga and Quezon City worth 300t with B and C as surviving heirs. B a
resident of Manila filed a Petition for probate proceedings in the RTC of Quezon
City. C opposed the petition based on improper venue. Decide. (Mockbar)
75. In the above problem, if the petition was filed in Zamboanga City. Should the
judge sustain the opposition. (Mockbar)

Reminders:
1. Do not bring a copy of this at school (unless gusto mu maging sikat)
2. Only applicable come the final exams (Sge pakasaya kang gamitin sa
midterms to)
3. The exam consists of 100 items, 1 pt each (Pasesnsya na... 75 items lang
natandaan namin.. nakakahiya naman)
4. The type of exam consists of MCQ, Identification, and Mini-essay (Last Sem
eh puro MCQ lang kung may nagka-parehas lang eh day and time lang ng
exam, 10 am, friday)
5. In answering the questions, always cite legal basis or rationale or
jurisprudence (Hassle!!!!)
6. What book to use??? Anything you can get your hands on
7. The professor is not known to repeat questions he already asked so the
probability of this questions appearing on your exam is close to 0%. It
does not mean however that this samplex will not be of any help because
the question might be different but the specific topics are the same as
written or covered by this samplex. (Wag ka na pumalag... this is
experience talking, 2X)
8. Take a glance of the Mockbar, atleast 5% of the questions from this exam
came from the Mockbar (Hala... Sige... Mockbar, Samplex lang..
nyahahahahahahahha..)
9. If you plan to cheat during the exam, avoid the student assistant with the
thin physique, jet black skin, and long hair (Ang lupet ng reaction time at
ang bilis ng mata.... hmmmmmm... san bagay-bagay pa kaya sya
mabilis... na-curious aku.... bwahahahahahahahhaha)
10.CODAL MASTERY!!!! (para hndi ka mauwi sa subject mastery...
nyahahahahahahahaha)

In order to preserve your self-respect, it is sometimes necessary to lie


and cheat
-

Robert Bryne