Remedial Law Bar Questions 06-14

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1 | P a g e - R e m e d i a l L a w B a r Q u e s t i o n s

Remedial Law Bar Questions2006

- I -

1. What is the concept of remedial law? 2

2. !istin"uish #etween su#stanti$e law and remedial law. 2

%. &ow are remedial laws implemented in our s'stem of "o$ernment? 2

(. !istin"uish )urisdiction from $enue? 2

*. What do 'ou mean #' +a, real actions and +#, personal actions? 2

- II -

What court has )urisdiction o$er an action for specific performance filed #' a su#di$ision

homeowner a"ainst a su#di$ision de$eloper? hoose the correct answer. /plain. 2.*

1. he &ousin" and Land se Re"ulator' Board

2. he 3ecurities and /chan"e ommission

%. he Re"ional rial ourt

(. he ommercial ourt or the Re"ional rial ourt desi"nated #' the 3upreme

ourt to hear and decide 4commercial cases4.

- III -

1. What is forum shoppin"? 2.*

2. &one' filed with the Re"ional rial ourt5 aal5 Batan"as a complaint for specific

performance a"ainst Bernie. or lac7 of a certification a"ainst forum shoppin"5

the )ud"e dismissed the complaint. &one'8s law'er filed a motion

reconsideration5 attachin" thereto an amended complaint with the certificat

a"ainst forum shoppin". If 'ou were the )ud"e5 how will 'ou resol$e the motio

*

- I9 -

:o)ie filed with the Re"ional rial ourt of La"una a complaint for dama"es a"ainst :

!urin" the pre-trial5 :o)ie and her counsel failed to appear despite notice to #oth of the

pon oral motion of :o)ie5 :oe was declared as in default and :o)ie was allowed to pres

her e$idence e palte. hereafter5 the court rendered its !ecision in fa$or of :o)ie.

:oe hired :ose as his counsel. What are the remedies a$aila#le to him? /plain. *

- 9 -

;a' on"ress enact a law pro$idin" that a *5000 s<uare meter lot5 apart of the

compound in 3ampaloc5 ;anila5 #e epropriated for the construction of a par7 in honoformer it' ;a'or =rsenio Lacson? =s compensation to 35 the it' of ;anila sh

deli$er its *-hectare lot in 3ta. Rosa5 La"una ori"inall' intended as a residen

su#di$ision for the ;anila it' &all emplo'ees. /plain. *

- 9I -

/plain each mode of certiorari>

a. =s a mode of appeal from the Re"ional rial ourt or the ourt of =ppeals to

3upreme ourt. 2.*

#. =s a special ci$il action from the Re"ional rial ourt or the ourt of =ppealthe 3upreme ourt. 2.*

c. =s a mode of re$iew of the decisions of the ational La#or Relati

ommission and the onstitutional ommissions. 2.*




- 9II -

;ar7 filed with the Bureau of Internal Re$enue a complaint for refund of taes paid5 #ut it

was not acted upon. 3o5 he filed a similar complaint with the ourt of a =ppeals raffled

to one of its !i$isions. ;ar78s complaint was dismissed. hus5 he filed with the ourt of

=ppeals a petition for certiorari under Rule 6*.

!oes the ourt of =ppeals ha$e )urisdiction o$er ;ar78s petition? 2.*

- 9III -

!oes the ourt of =ppeals ha$e )urisdiction to re$iew the !ecisions in criminal and

administrati$e cases of the @m#udsman? 2.*

- IA -

1. What are the re<uisites for the issuance of +a, a writ of preliminar' in)unction and

+#, a final writ of in)unction? 2.*

2. !istin"uish #etween in)unction as an ancillar' remed' and in)unction as a main

action. 2.*

- A -

1. !efine a temporar' restrainin" order +R@,. 2

2. ;a'a Re"ional rial ourt issue in)unction without #ond? 2

%. What is the duration of a R@ issued #' the /ecuti$e :ud"e of a Re"ional rial

ourt? 2

(. !ifferentiate a R@ from a status <uo order. 2

*. ;a'a )ustice of a !i$ision of the ourt of =ppeals issue a R@? 2

- AI -

1. What is an interlocutor' order?

2. What is the difference #etween a )ud"ment and an opinion of the court? 2.*

- AII -

ina uerrero filed with the Re"ional rial ourt of Bifian5 La"una5 a complaint for s

of mone' amountin" to C1 ;illion a"ainst arlos orro. he complaint alle"es5 amo

others5 that arlos #orrowed from ina the said amount as e$idenced #' a promissor' n

si"ned #' arlos and his wife5 )ointl' and se$erall'. arlos was ser$ed with summ

which was recei$ed #' Linda5 his secretar' .&owe$er5 arlos failed to file an answe

the complaint within the 1*-da' re"lementar' period. &ence5 ina filed with the cou

motion to declare arlos in default and to allow her to present e$idence e parte.

da's thereafter5 arlos filed his $erified answer to the complaint5 den'in" under oath

"enuineness and due eecution of the promissor' note and contendin" that he has f

paid his loan with interest at 12 per annum.

1. Was the summons $alidl' ser$ed on arlos? 2.*

2. If 'ou were the )ud"e5 will 'ou "rant ina8s motion to declare arlos in defa

2.*

- AIII -

3er"io CunDalan5 ilipino5 *0 'ears old5 married5 and residin" at ='ala =la#an" 9illa

;untinlupa it' 5 of sound and disposin" mind5 eecuted a last will and testament

/n"lish5 a lan"ua"e spo7en and written #' him proficientl'. &e disposed of his est

consistin" of a parcel of land in ;a7ati it' and cash deposit at the it' Ban7 in the 5 sof C%00 ;illion. &e #e<ueathed C*0 ;illion each to his % sons and C1*0 ;illion to

wife. &e de$ised apiece of land worth C100 ;illion to 3usan5 his fa$orite dau"hter-in-I

&e named his #est friend5 ancio 9idal5 as eecutor of the will without #ond




1. Is ancio 9idal5 after learnin" of 3er"io8s death5 o#li"ed to file with the proper

court a petition for pro#ate of the latter8s last will and testament? 2

2. 3upposin" the ori"inal cop' of the last will and testament was lost5 can ancio

compel 3usan to produce a cop' in her possession to #e su#mitted to the pro#ate

court? 2

%. an the pro#ate court appoint the widow as eecutor of the will? 2

(. an the widow and her children settle etra)udiciall' amon" themsel$es the estate

of the deceased? 2

*. an the widow and her children initiate a separate petition for partition of the

estate pendin" the pro#ate of the last will and testament #' the proper court? 2

- AI9 -

When is #ail a matter of ri"ht and when is it a matter of discretion ? *

- A9 -

Leticia was estran"ed from her hus#and Caul for more than a 'ear due to his suspicion that

she was ha$in" an affair with ;anuel5 their nei"h#or. 3he was temporaril' li$in" with her

sister in Casi" it'.

or un7nown reasons5 the house of Leticia8s sister was #urned5 7illin" the latter. Leticia

sur$i$ed. 3he saw her hus#and in the $icinit' durin" the incident. Later5 he was char"ed

with arson in an Information filed with the Re"ional rial ourt5 Casi" it'.

!urin" the trial5 the prosecutor called Leticia to the witness stand and offered her testimon' to pro$e that her hus#and committed arson.

an Leticia testif' o$er the o#)ection of her hus#and on the "round of martial pri$ile"e?

*

- A9I -

1. What are the re<uirements in order that an admission of "uilt of an accused dur

a custodial in$esti"ation #e admitted in e$idence? 2.*

2. =s counsel of an accused char"ed with homicide5 'ou are con$inced that he

#e utiliDed as a state witness. What procedure will 'ou ta7e? /plain. 2.*

- A9II -

In 1EE65 on"ress passed Repu#lic =ct o.F1FE5 otherwise 7nown as the 9o

Re"istration =ct of 1EE65 pro$idin" for computeriDation of elections. Cursuant thereto5

@;/L/ appro$ed the 9oters8 Re"istration and Identification 3'stem +9RI3, Cro)ec

issued in$itations to pre-<ualif' and #id for the pro)ect. =fter the pu#lic #iddin"5 oto7

was declared the winnin" #idder with a #id of C6 Billion and was issued a otice

=ward. But @;/L/ hairman ener o o#)ected to the award on the "round t

under the =ppropriations =ct5 the #ud"et for the @;/L/8s moderniDation is onl'

Billion. &e announced to the pu#lic that the 9RI3 pro)ect has #een set aside.

ommissioners sided with hairman o5 #ut the ma)orit' $oted to uphold the contract.

;eanwhile5 oto7ina filed with the R a petition for mandamus to compel

@;/L/ to implement the contract. he @ffice of the 3olicitor eneral +@3

representin" hairman o5 opposed the petition on the "round that mandamus does no

to enforce contractual o#li"ations. !urin" the proceedin"s5 the ma)orit' ommission

filed a manifestation that hairman o was not authoriDed #' the @;/L/ /n Ban

oppose the petition.

1. ;a' the @3 represent hairman o #efore the R notwithstandin" that

position is contrar' to that of the ma)orit'? *.

2. Is a peti tion for mandamus an appropriate remed' to enforce contrac

o#li"ations? *

NOTHING FOLLOWS.




200G

- I -

+otal 10,

a. What are the rules on the reco"nition and enforcement of forei"n )ud"ments in our courts? +6,

#. an a forei"n ar#itral award #e enforced in the Chilippines under those rules?

/plain #riefl'. +2,

c. &ow a#out a "lo#al in)unction issued #' a forei"n court to pre$ent dissipation of

funds a"ainst a defendant therein who has assets in the Chilippines? /plain

#riefl'. +2,

- II -

+otal 10,

rue or alse. If the answer is false5 eplain 'our answer #riefl'.

a. he sur$i$in" parties rule #ars ;aria from testif'in" for the claimant as to what

the deceased :ose had said to her5 in a claim filed #' Cedro a"ainst the estate of

:ose +%,

#. = defendant who has #een declared in default can a$ail of a petition for relief

from the )ud"ment su#se<uentl' rendered in the case. +%,

c. = motion is pleadin". +2,

d. = counterclaim is pleadin". +2,

- III -

+otal 10,

1. What is the hearsa' rule? +*,

2. In relation to the hearsa' rule5 what do the followin" rules of e$idence ha$e

common? +*,

1. he rule on statements that are part of the res gestae

2. he rule on d'in" declarations

%. he rule on admissions a"ainst interest.

- I9

+10,

&us#and & files a petition for declaration of nullit' of marria"e #efore the R of Ca

it'. Wife W files a petition for habeas corpus #efore the R of Casa' it'5 pra'in"

custod' o$er their minor child. & files a motion to dismiss the wife8s petition on

"round of the pendenc' of the other case. Rule.

- 9

+otal 10,

a. !istin"uish the effects of the fillin" of a demurrer to the e$idence in a crim

case and its filin" in a ci$il case. +*,

#. What is re$erse trial and when ma' it #e resorted to? /plain #riefl'. +*,

- 9I

+otal 10,

a. @n his wa' home5 a mem#er of the aloocan it' police force witnesses a

ro##er' in Casa' it' and effects the arrest of the suspect. an he #rin"

suspect to aloocan it' for #oo7in" since that is where his station is? /pl

#riefl'. +*,




#. In the course of ser$in" a search warrant5 the police finds an unlicensed firearm.

an the police ta7e the firearm e$en if it is not co$ered #' the search warrant? If

the warrant is su#se<uentl' <uashed5 is the police re<uired to return the firearm?

/plain #riefl'. +*,

- 9II -

+otal 10,

a. B files a petition for cancellation of the #irth certificate of her dau"hter R on the

"round of falsified material entries there in made #' B8s hus#and as the informant.

he R sets the case for hearin" and directs the pu#lications of the order once a

wee7 for three consecuti$e wee7s in a newspaper of "eneral circulation. 3ummons

was ser$ed on the i$il Re"istrar #ut there was no appearance durin" the hearin".

he R "ranted the petition. R filed a petition for annulment of )ud"ment #efore

the ourt of =ppeals5 sa'in" that she was not notified of the petition and hence5

the decision was issued in $iolation of due process. B opposed sa'in" that the

pu#lication of the court order was sufficient compliance with due process. Rule.

+*,

#. files a complaint for reco$er' of possession and dama"e a"ainst . in the course

of the trial5 mar7ed his e$idence #ut his counsel failed to file a formal offer of

e$idence. then presented in e$idence ta declarations in the name of his father

to esta#lish that his father is a co-owner of the propert'. he court ruled in fa$or

of 5 sa'in" that failed to pro$e sole ownership of the propert' in the face of 8s

e$idence. Was the court correct? /plain #riefl'. +*,

- 9III -

+otal 10,

a. A files an unlawful detainer case a"ainst H #efore the appropriate ;etropolitanrial ourt. In his answer5 H a$ers as a special and affirmati$e defense that he is a

tenant of A8s deceased father in whose name the propert' remains re"istered.

What should the court do? /plain #riefl'. +*,

#. he heirs of & a"ree amon" themsel$es that the' will honor the di$ision of

estate as indicated in her Last Will and estament. o a$oid the epense of "o

to court in a Cetition for Cro#ate of the Will5 can the' instead eecute

/tra)udicial 3ettlement ="reement amon" themsel$es? /plain #riefl'. +*,

- IA

+10,

L was char"ed with ille"al possession of shabu #efore the R. =lthou"h #ail w

allowa#le under his indictment5 he could not afford to post #ail5 and so he remained

detention at the it' :ail. or $arious reasons ran"in" from the promotion of the Cresid

:ud"e5 to the a#sence of the trial prosecutor5 and to the lac7 of the notice to the it' :

Warden5 the arrai"nment of L was postponed nineteen times o$er a period of two 'e

wice durin" that period5 L8s counsel filed motions to dismiss5 in$o7in" the ri"ht of

accused to a speed' trial. Both motions were denied #' the R. an L file a petition

mandamus? Reason #riefl'.

- A

+otal 10,

a. R filed a complaint for annulment of the foreclosure sale a"ainst Ban7 9. in

answer5 Ban7 9 set up a counter claim for actual dama"es and liti"ation epen

R filed a motion to dismiss the counterclaim on the "round the Ban7 98s =ns

with ounterclaim was not accompanied #' a certification a"ainst for

shoppin". Rule. +*,

#. = files a case a"ainst B. While awaitin" decision on the case5 = "oes to the n

3tates to wor7. pon her return to the Chilippines5 se$en 'ears later5 = disco$

that a decision was rendered #' the court in her fa$or a few months after she h

left. an a file a motion for eecution of the )ud"ment? /plain #riefl'. +*,

NOTHING FOLLOWS.

200F




I

Lani filed an action for partition and accountin" in the Re"ional rial ourt +R, of

;anila a"ainst her sister ;ar' Rose5 who is a resident of 3in"apore and is not found in

the Chilippines. pon motion5 the court ordered the pu#lication of the summons for three

wee7s in a local ta#loid5 Bulgar . Linda5 an @W $acationin" in the Chilippines5 saw the

summons in Bulgar and #rou"ht a cop' of the ta#loid when she returned to 3in"apore.Linda showed the ta#loid and the pa"e containin" the summons to ;ar' Rose5 who said5

4Hes I 7now5 m'kumare =nita scanned and e-mailed that pa"e of Bulgar to me4

!id the court ac<uire )urisdiction o$er ;ar' Rose? +4%,

II

e filed a suit for collection of C%FG5000 a"ainst Ramon in the R of !a$ao it'. =side

from alle"in" pa'ment as a defense5 Ramon in his answer set up counterclaims for

C1005000 as dama"es and C%05000 as attorne'8s fees as a result of the #aseless filin" of the

complaint5 as well as for C2*05000 as the #alance of the purchase price of the %0 units of

air conditioners he sold to e.

a. !oes the R ha$e )urisdiction o$er Ramon8s counterclaims5 and if so5 does he

ha$e to pa' doc7et fees therefor? +3%,

#. 3uppose Ramon8s counterclaim for the unpaid #alance is C%1050005 what will

happen to his counterclaims if the court dismisses the complaint after holdin" a

preliminar' hearin" on Ramon8s affirmati$e defenses? +3%,

c. nder the same premise as para"raph +#, a#o$e5 suppose that instead of alle"in"

pa'ment as a defense in his answer5 Ramon filed a motion to dismiss on that

"round5 at the same time settin" up his counterclaims5 and the court "rants hismotion. What will happen to his counterclaims? +3%,

III

a. =n"ela5 a resident of QueDon it'5 sued =ntonio5 a resident of ;a7ati it' #e

the R of QueDon it' for the recon$e'ance of two parcels of land situated

arlac and ue$a /ci)a5 respecti$el'. ;a' her action prosper? + 3%,

#. =ssumin" that the action was for foreclosure on the mort"a"e of the same par

of land5 what is the proper $enue for the action? +3%,

IV

ilomeno #rou"ht an action in the ;etropolitan rial ourt +;e, of Casa' it' a"a

;arcelino pleadin" two causes of action. he first was a demand for the reco$er'

ph'sical possession of a parcel of land situated in Casa' it' with an assessed $alue

C(05000 the second was a claim for dama"es of C*005000 for ;arcelino8s unlaw

retention of the propert'. ;arcelino filed a motion to dismiss on the "round that the to

amount in$ol$ed5 which is C*(050005 is #e'ond the )urisdiction of the ;e. Is ;arce

correct? +4%,

V

Within the period for filin" a responsi$e pleadin"5 the defendant filed a motion for #il

particulars that he set for hearin" on a certain date. &owe$er5 the defendant was surpr

to find on the date set for hearin" that the trial court had alread' denied the motion on

da' of its filin"5 statin" that the alle"ations of the complaint were sufficientl' made.

a. !id the )ud"e "ra$el' a#use his discretion in actin" on the motion without wai

for the hearin" set for the motion? +3%,

#. If the )ud"e "rants the motion and orders the plaintiff to file and ser$e the #il

particulars5 can the trial )ud"e dismiss the case if the plaintiff does not com

with the order? +3%,

VI

=fter his properties were attached5 defendant Corfirio filed a sufficient counter#ond.

trial court dischar"ed the attachment. onetheless5 Corfirio suffered su#stantial pre)ud




due to the unwarranted attachment. In the end5 the trial court rendered a )ud"ment in

Corfirio8s fa$or #' orderin" the plaintiff to pa' dama"es #ecause the plaintiff was not

entitled to the attachment. Corfirio mo$ed to char"e the plaintiff8s attachment #ond. he

plaintiff and his sureties opposed the motion5 claimin" that the filin" of the counter#ond

had relie$ed the plaintiff8s attachment #ond from all lia#ilit' for the dama"es. Rule on

Corfirio8s motion. +4%,

VII

a. he writ of eecution was returned unsatisfied. he )ud"ment o#li"ee

su#se<uentl' recei$ed information that a #an7 holds a su#stantial deposit

#elon"in" to the )ud"ment o#li"or. If 'ou are the counsel of the )ud"ment o#li"ee5

what steps would 'ou ta7e to reach the deposit to satisf' the )ud"ment? +3%,

#. If the #an7 denies holdin" the deposit in the name of the )ud"ment o#li"or #ut

'our client8s informant is certain that the deposit #elon"s to the )ud"ment o#li"or

under an assumed name5 what is 'our remed' to reach the deposit? +3%,

VIII

Bem#ol was char"ed with rape. Bem#ol8s father5 Ramil5 approached =rtemon5 the $ictim8s

father5 durin" the preliminar' in$esti"ation and offered C1 ;illion to =rtemon to settle the

case. =rtemon refused the offer.

a. !urin" trial5 the prosecution presented =rtemon to testif' on Ramil8s offer and

there#' esta#lish an implied admission of "uilt. Is Ramil8s offer to settle

admissi#le in e$idence? +3%,

#. !urin" the pre-trial5 Bem#ol personall' offered to settle the case for C1 ;illion to

the pri$ate prosecutor5 who immediatel' put the offer on record in the presence of the trial )ud"e. Is Bem#ol8s offer a )udicial admission of his "uilt? +3%,

IX

he search warrant authoriDed the seiDure of 4undetermined <uantit' of sha#u.4 !ur

the ser$ice of the search warrant5 the raidin" team also reco$ered a 7ilo of dried mari)u

lea$es wrapped in newsprint. he accused mo$ed to suppress the mari)uana lea$es

e$idence for the $iolation of 3ection 11 of the omprehensi$e !an"erous !ru"s =c

2002 since the' were not co$ered #' the search warrant. he 3tate )ustified the seiDur

the mari)uana lea$es under the 4plain $iew4 doctrine. here was no indication of whet

the mari)uana lea$es were disco$ered and seiDed #efore or after the seiDure of the sha#u'ou are the )ud"e5 how would 'ou rule on the motion to suppress? +4%,

X

:ose5 =l#erto and Romeo were char"ed with murder. pon filin" of the information5

R )ud"e issued the warrants for their arrest. Learnin" of the issuance of the warra

the three accused )ointl' filed a motion for rein$esti"ation and for the recall of

warrants of arrest. @n the date set for hearin" of their motion5 none of the accused show

up in court for fear of #ein" arrested. he R )ud"e denied their motion #ecause the R

did not ac<uire )urisdiction o$er the persons of the mo$ants. !id the R rule correct

+4%,

XI

=rturo lent C1 ;illion to his friend Ro#ert on the condition that Ro#ert eecut

promissor' note for the loan and a real estate mort"a"e o$er his propert' located

a"a'ta' it'. Ro#ert complied. In his promissor' note dated 3eptem#er 205 20065 Ro#

undertoo7 to pa' the loan within a 'ear from its date at 12 per annum interest. In :u

200G5 =rturo re<uested Ro#ert to pa' ahead of time #ut the latter refused and insisted

the a"reement. =rturo issued a demand letter and when Ro#ert did not compl'5 =rtu

filed an action to foreclose the mort"a"e. Ro#ert mo$ed to dismiss the complaint for l

of cause of action as the de#t was not 'et due. he resolution of the motion to dismiss w

dela'ed #ecause of the retirement of the )ud"e.

a. @n @cto#er 15 200G5 pendin" resolution of the motion to dismiss5 =rturo filed

amended complaint alle"in" that Ro#ert8s de#t had in the meantime #ecome

#ut that Ro#ert still refused to pa'. 3hould the amended complaint #e allow

considerin" that no answer has #een filed? +3%,




#. Would 'our answer #e different had =rturo filed instead a supplemental complaint

statin" that the de#t #ecame due after the filin" of the ori"inal complaint? +2%,

XII

=fter recei$in" the ad$erse decision rendered a"ainst his client5 the defendant5 =tt'. 3i7at

dul' filed a notice of appeal. or his part5 the plaintiff timel' filed a motion for partial newtrial to see7 an increase in the monetar' dama"es awarded. he R instead rendered an

amended decision further reducin" the monetar' awards. Is it necessar' for =tt'. 3i7at to

file a second notice of appeal after recei$in" the amended decision? +3%,

XIII

=n heirJoppositor in a pro#ate proceedin" filed a motion to remo$e the administrator on

the "rounds of ne"lect of duties as administrator and a#sence from the countr'. @n his part

the heirJoppositor ser$ed written interro"atories to the administrator preparator' to

presentin" the latter as a witness. he administrator o#)ected5 insistin" that the modes of

disco$er' appl' onl' to ordinar' ci$il actions5 not special proceedin"s. Rule on the matter.

+4%,

XIV

@n =u"ust 1*5 200F5 /d"ardo committed estafa a"ainst Cetronilo in the amount of C%

;illion. Cetronilo #rou"ht his complaint to the ational Bureau of In$esti"ation5 which

found that /d"ardo had $isited his law'er twice5 the first time on =u"ust 1(5 200F and the

second on =u"ust 165 200F and that #oth $isits concerned the swindlin" of Cetronilo.

!urin" the trial of /d"ardo5 the R issued a subpoena ad testiicandum to /d"ardo8s

law'er for him to testif' on the con$ersations durin" their first and second meetin"s. ;a'

the su#poena #e <uashed on the "round of pri$ile"ed communication? /plain full'. +4%,

XV

&alf-#rothers Roscoe and 3al$io inherited from their father a $ast tract of unre"istered

land. Roscoe succeeded in "ainin" possession of the parcel of land in its entiret' and

transferrin" the ta declaration thereon in his name. Roscoe sold the northern half to

Bono5 3al$io8s cousin. pon learnin" of the sale5 3al$io as7ed Roscoe to con$e'

southern half to him. Roscoe refused as he e$en sold one-third of the southern half alo

the West to arlo. hereupon5 3al$io filed an action for the recon$e'ance of the south

half a"ainst Roscoe onl'. arlo was not impleaded. =fter filin" his answer5 Roscoe s

the middle third of the southern half to ina. 3al$io did not amend the complaint

implead ina.

=fter trial5 the court rendered )ud"ment orderin" Roscoe to recon$e' the entire south

half to 3al$io. he )ud"ment #ecame final and eecutor'. = writ of eecution ha$in" #

issued5 the 3heriff re<uired Roscoe5 arlo and ina to $acate the southern half and 'i

possession thereof to 3al$io as the pre$ailin" part'. arlo and ina refused5 contend

that the' are not #ound #' the )ud"ment as the' are not parties to the case. Is

contention tena#le? /plain full'. +4%,

XVI

he mutilated cada$er of a woman was disco$ered near a cree7. !ue to witnesses attes

that he was the last person seen with the woman when she was still ali$e5 arlito w

arrested within fi$e hours after the disco$er' of the cada$er and #rou"ht to the po

station. he crime la#orator' determined that the woman had #een raped. While in po

custod'5 arlito #ro7e down in the presence of an assistin" counsel and orall' confes

to the in$esti"ator that he had raped and 7illed the woman5 detailin" the acts he h

performed up to his dumpin" of the #od' near the cree7. &e was "enuinel' remorse

!urin" the trial5 the 3tate presented the in$esti"ator to testif' on the oral confession

arlito. Is the oral confession admissi#le as e$idence of "uilt? +4%,

XVII

Ben sold a parcel of land to !el with ri"ht to repurchase within one +1, 'ear. B

remained in possession of the propert'. When Ben failed to repurchase the same5 title wconsolidated in fa$or of !el. !espite demand5 Ben refused to $acate the land5 constrain

!el to file a complaint for unlawful detainer. In his defense5 Ben a$erred that the c

should #e dismissed #ecause !el had ne$er #een in possession of the propert'. Is B

correct? +4%,




XVIII

!omenico and en li$ed without #enefit of marria"e for twent' 'ears5 durin" which time

the' purchased properties to"ether. =fter !omenico died without a will5 en filed a

petition for letters of administration. !omenico8s si#lin"s opposed the same on the "round

that en has no le"al personalit'. !ecide. +4%,

XIX

=fter =lma had started ser$in" her sentence for $iolation of Batas Cam#ansa Bl". 22 +BC

22,5 she filed a petition for writ of ha#eas corpus5 citin" 9aca $s. = where the sentence

of imprisonment of a part' found "uilt' of $iolation of BC 22 was reduced to a fine e<ual

to dou#le the amount of the chec7 in$ol$ed. 3he pra'ed that her sentence #e similarl'

modified and that she #e immediatel' released from detention. In the alternati$e5 she

pra'ed that pendin" determination on whether the 9aca rulin" applies to her5 she #e

allowed to post #ail pursuant to Rule 1025 3ec.1(5 which pro$ides that if a person is

lawfull' imprisoned or restrained on a char"e of ha$in" committed an offense not

punisha#le #' death5 he ma' #e admitted to #ail in the discretion of the court. =ccordin"l'5

the trial court allowed =lma to post #ail and then ordered her release. In 'our opinion5 is

the order of the trial court correct -

a. nder Rule 102? +2%,

#. nder the Rules of riminal Crocedure? +2%,

XX

= tu"#oat owned #' 3peed' Cort 3er$ice5 Inc. +3C3, san7 in ;anila Ba' while helpin"

tow another $essel5 drownin" fi$e +*, of the crew in the resultin" shipwrec7. =t the

maritime #oard in<uir'5 the four +(, sur$i$ors testified. 3C3 en"a"ed =tt'. /l' to defend ita"ainst potential claims and to sue the compan' ownin" the other $essel for dama"es to

the tu". /l' o#tained si"ned statements from the sur$i$ors. &e also inter$iewed other

persons5 in some instance ma7in" memoranda. he heirs of the fi$e +*, $ictims filed an

action for dama"es a"ainst 3C3.

Claintiffs8 counsel sent written interro"atories to /l'5 as7in" whether statements

witnesses were o#tained if written5 copies were to #e furnished if oral5 the e

pro$isions were to #e set forth in detail. /l' refused to compl'5 ar"uin" that the docum

and information as7ed are pri$ile"ed communication. Is the contention tena#le? /pla

+4%,

XXI

a. ompare the certiorari )urisdiction of the 3upreme ourt under the onstitu

with that under Rule 6* of the Rules of i$il Crocedure. +4%,

#. i$e at least three instances where the ourt of =ppeals ma' act as a trial co

+3%,

NOTHING FOLLOWS.

200E

C=R IIR/ or =L3/. =nswer R/ if the statement is true5 or =L3/ if the statemenfalse. /plain 'our answer in not more than two +2, sentences. +*,

a. he !alle"o standard refers to )urisprudential norms considered #' the courassessin" the pro#ati$e $alue of != e$idence.

#. he @ne-!a' /amination of Witness Rule a##re$iates court proceedin"sha$in" a witness full' eamined in onl' one da' durin" trial.

c. = suit for in)unction is an action in rem.d. nder the doctrine of adopti$e admission5 a third part'8s statement #ecomes

admission of the part' em#racin" or espousin" it.e. 3ummons ma' #e ser$ed #' mail.

II

=n"elina sued =rmando #efore the Re"ional rial ourt +R, of ;anila to reco$er ownership and possession of two parcels of land one situated in Campan"a5 and the otin Bulacan.

a. ;a' the action prosper? /plain. +2, #. Will 'our answer #e the same if the action was for foreclosure of the mort"

o$er the two parcels of land? Wh' or wh' not? +2,




III

=morsolo5 a ilipino citiDen permanentl' residin" in ew Hor7 it'5 filed with the R of Lipa it' a omplaint for Rescission of ontract of 3ale of Land a"ainst Bri"ido5 aresident of Baran"a' 3an ;i"uel5 3to. omas5 Batan"as. he su#)ect propert'5 located inBaran"a' alisa'5 Lipa it'5 has an assessed $alue of C1E5G00.00. =ppended to thecomplaint is =morsolo8s $erification and certification of non-forum shoppin" eecuted in ew Hor7 it'5 dul' notariDed #' ;r. :oseph Brown5 /s<.5 a notar' pu#lic in the 3tate of

ew Hor7.Bri"ido filed a motion to dismiss the complaint on the followin" "rounds>

a. he court cannot ac<uire )urisdiction o$er the person of =morsolo #ecause he isnot a resident of the Chilippines +2,

#. he R does not ha$e )urisdiction o$er the su#)ect matter of the action in$ol$in"real propert' with an assessed $alue of C1E5G00.00 eclusi$e and ori"inal )urisdiction is with the ;unicipal rial ourt where the defendant resides +%,and

c. he $erification and certification of non-forum shoppin" are fatall' defecti$e #ecause there is no accompan'in" certification issued #' the Chilippine onsulatein ew Hor75 authenticatin" that ;r. Brown is dul' authoriDed to notariDe thedocument. +%,

Rule on the fore"oin" "rounds with reasons.

IVCedrito and omas5 ;a'or and reasurer5 respecti$el'5 of the ;unicipalit' of 3an ;i"uel5Le'te5 are char"ed #efore the 3andi"an#a'an for $iolation of 3ection % +e,5 Repu#lic =ct o. %01E +=nti-raft and orrupt Cractices =ct,. he information alle"es5 amon" others5that the two conspired in the purchase of se$eral units of computer throu"h personalcan$ass instead of a pu#lic #iddin"5 causin" undue in)ur' to the municipalit'.Before arrai"nment5 the accused mo$ed for rein$esti"ation of the char"e5 which the court"ranted. =fter rein$esti"ation5 the @ffice of the 3pecial Crosecutor filed an amendedinformation dul' si"ned and appro$ed #' the 3pecial Crosecutor5 alle"in" the samedelictual facts5 #ut with an additional alle"ation that the accused "a$e unwarranted #enefits to 3B /nterprises owned #' 3amuel. 3amuel was also indicted under theamended information.Before 3amuel was arrai"ned5 he mo$ed to <uash the amended information on the "round

that the officer who filed the same had no authorit' to do so. Resol$e the motion to <uashwith reasons. +%,V

ran7 and ina were married on :une 125 1EFG in ;anila. Barel' a 'ear after the weddin"5ran7 ehi#ited a $iolent temperament5 forcin" ina5 for reasons of personal safet'5 to li$ewith her parents. = 'ear thereafter5 ina found emplo'ment as a domestic helper in

3in"apore5 where she wor7ed for ten consecuti$e 'ears. =ll the time she was a#road5 had a#solutel' no communications with ran75 nor did she hear an' news a#out hWhile in 3in"apore5 ina met and fell in lo$e with Willie.@n :ul' (5 200G5 ina filed a petition with the R of ;anila to declare r presumpti$el' dead5 so that she could marr' Willie. he R "ranted ina8s petition. @ffice of the 3olicitor eneral +@3, filed a otice of =ppeal with the R5 statin" tit was appealin" the decision to the ourt of =ppeals on <uestions of fact and law.

a. Is a petition for !eclaration of Cresumpti$e !eath a special proceedin"? Wh'wh' not? +2,

#. =s the R )ud"e who "ranted ina8s petition5 will 'ou "i$e due course to @38s otice of =ppeal? /plain. +%,

VI

=rrested in a #u'-#ust operation5 /dmond was #rou"ht to the police station where he informed of his constitutional ri"hts. !urin" the in$esti"ation5 /dmond refused to "an' statement. &owe$er5 the arrestin" officer as7ed /dmond to ac7nowled"e in writthat si +6, sachets of 4sha#u4 were confiscated from him. /dmond consented and asi"ned a receipt for the amount of C%5000.005 alle"edl' representin" the 4purchase pricthe sha#u.4 =t the trial5 the arrestin" officer testified and identified the documeecuted and si"ned #' /dmond. /dmond8s law'er did not o#)ect to the testimon'. =the presentation of the testimonial e$idence5 the prosecutor made a formal offer

e$idence which included the documents si"ned #' /dmond./dmond8s law'er o#)ected to the admissi#ilit' of the documents for #ein" the 4fruit of poisoned tree.4 Resol$e the o#)ection with reasons. +%,VII

resencio sued !ioscoro for collection of a sum of mone'. !urin" the trial5 #ut after presentation of plaintiff8s e$idence5 !ioscoro died. =tt'. ruD5 !ioscoro8s counsel5 tfiled a motion to dismiss the action on the "round of his client8s death. he court denthe motion to dismiss and5 instead5 directed counsel to furnish the court with the namand addresses of !ioscoro8s heirs and ordered that the desi"nated administrator!ioscoro8s estate #e su#stituted as representati$e part'.=fter trial5 the court rendered )ud"ment in fa$or of resencio. When the decision h #ecome final and eecutor'5 resencio mo$ed for the issuance of a writ of eecua"ainst !ioscoro8s estate to enforce his )ud"ment claim. he court issued the writ

eecution. Was the court8s issuance of the writ of eecution proper? /plain. +2,VIII

@n :ul' 1*5 200E5 =tt'. ;ananan""ol was ser$ed copies of numerous unfa$or )ud"ments and orders. @n :ul' 2E5 200E5 he filed motions for reconsideration which wdenied. &e recei$ed the notices of denial of the motions for reconsideration on @cto#e200E5 a rida'. &e immediatel' informed his clients who5 in turn5 uniforml' instruc




him to appeal. &ow5 when and where should he pursue the appropriate remed' for each of the followin"> +10,

a. :ud"ment of a ;unicipal rial ourt +;, pursuant to its dele"ated )urisdictiondismissin" his client8s application for land re"istration?

#. :ud"ment of the Re"ional rial ourt +R, den'in" his client8s petition for aWrit of &a#eas !ata?

c. @rder of a amil' ourt den'in" his client8s petition for &a#eas orpus in relation

to custod' of a minor child?d. @rder of the R den'in" his client8s Cetition for ertiorari <uestionin" the

;etropolitan rial ourt8s +;e8s, denial of a motion to suspend criminal proceedin"s?

e. :ud"ment of the irst !i$ision of the ourt of a =ppeals +=, affirmin" theR decision con$ictin" his client for $iolation of the ational Internal Re$enueode?

IX

;odesto sued /rnesto for a sum of mone'5 claimin" that the latter owed him C1-million5e$idenced #' a promissor' note5 <uoted and attached to the complaint. In his answer withcounterclaim5 /rnesto alle"ed that ;odesto coerced him into si"nin" the promissor' note5 #ut that it is ;odesto who reall' owes him C1.*-million. ;odesto filed an answer to/rnesto8s counterclaim admittin" that he owed /rnesto5 #ut onl' in the amount of C0.*-

million. =t the pre-trial5 ;odesto mar7ed and identified /rnesto8s promissor' note. &ealso mar7ed and identified receipts co$erin" pa'ments he made to /rnesto5 to the etent of C0.*-million5 which /rnesto did not dispute.=fter pre-trial5 ;odesto filed a motion for )ud"ment on the pleadin"s5 while /rnesto fileda motion for summar' )ud"ment on his counterclaim. Resol$e the two motions withreasons. +*,X

pon termination of the pre-trial5 the )ud"e dictated the pre-trial order in the presence of the parties and their counsel5 recitin" what had transpired and definin" three +%, issues to #e tried.

a. If5 immediatel' upon receipt of his cop' of the pre-trial order5 plaintiff8s counselshould mo$e for its amendment to include a fourth +(th, tria#le issue which healle"edl' inad$ertentl' failedto mention when the )ud"e dictated the order. 3hould

the motion to amend #e "ranted? Reasons. +2, #. 3uppose trial had alread' commenced and after the plaintiff8s second witness had

testified5 the defendant8s counsel mo$es for the amendment of the pre-trial order to include a fifth +*th, tria#le issue $ital to his client8s defense. 3hould the motion #e "ranted o$er the o#)ection of plaintiff8s counsel? Reasons. +%,

PART II

XI

TRUE or FALSE. =nswer R/ if the statement is true5 or =L3/ if the statemenfalse. /plain 'our answer in not more than two +2, sentences. +*,

a. he accused in a criminal case has the ri"ht to a$ail of the $arious modesdisco$er'.

#. he $iator' ri"ht of a witness ser$ed with a subpoena ad testiicandum referhis ri"ht not to compl' with the su#poena.

c. In the eercise of its ori"inal )urisdiction5 the 3andi"an#a'an ma' "rant petitifor the issuance of a writ of habeas corpus.

d. =n electronic document is the e<ui$alent of an ori"inal document under the B/$idence Rule if it is a printout or output reada#le #' si"ht or other means5 shoto reflect the data accuratel'.

e. he filin" of a motion for the reconsideration of the trial court8s decision resultthe a#andonment of a perfected appeal.

XII

;i7e was rentin" an apartment unit in the #uildin" owned #' :onathan. When ;i7e fato pa' si months8 rent5 :onathan filed an e)ectment suit. he ;unicipal rial o+;, rendered )ud"ment in fa$or of :onathan5 who then filed a motion for the issuanof a writ of eecution. he ; issued the writ.

a. &ow can ;i7e sta' the eecution of the ; )ud"ment? /plain. +2,

#. ;i7e appealed to the Re"ional rial ourt +R,5 which affirmed the ;decision. ;i7e then filed a petition for re$iew with the ourt of =ppeals +he = dismissed the petition on the "round that the sheriff had alread' eecuthe ; decision and had e)ected ;i7e from the premises5 thus renderin" appeal moot and academic. Is the = correct? Reasons. +%,

XIII

a. ontinental hemical orporation +, filed a complaint for a sum of moa"ainst Barstow radin" orporation +B, for the latter8s failure to pa' for purchases of industrial chemicals. In its answer5 B contended that it refuse pa' #ecause misrepresented that the products it sold #elon"ed to a new lwhen in fact the' were identical with 8s eistin" products. o su#stantiatdefense5 B filed a motion to compel to "i$e a detailed list of the produin"redients and chemical components5 rel'in" on the ri"ht to a$ail of the mode

disco$er' allowed under Rule 2G. o#)ected5 in$o7in" confidentialit' of information sou"ht #' B. Resol$e B8s motion with reasons. +%,

#. Blinded #' etreme )ealous'5 =l#erto shot his wife5 Bett'5 in the presence ofsister5 arla. arla #rou"ht Bett' to the hospital. @utside the operatin" rooarla told !omin"o5 a male nurse5 that it was =l#erto who shot Bett'. Bett' dwhile under"oin" emer"enc' sur"er'. =t the trial of the parricide char"es f




a"ainst =l#erto5 the prosecutor sou"ht to present !omin"o as witness5 to testif' onwhat arla told him. he defense counsel o#)ected on the "round that !omin"o8stestimon' is inadmissi#le for #ein" hearsa'. Rule on the o#)ection with reasons.+%,

XIV

he Repu#lic of the Chilippines5 throu"h the !epartment of Cu#lic Wor7s and &i"hwa's+!CW&, filed with the R a complaint for the epropriation of the parcel of land owned

#' :o$ito. he land is to #e used as an etension of the national hi"hwa'. =ttached to thecomplaint is a #an7 certificate showin" that there is5 on deposit with the Land Ban7 of theChilippines5 an amount e<ui$alent to the assessed $alue of the propert'. hen !CW& fileda motion for the issuance of a writ of possession. :o$ito filed a motion to dismiss thecomplaint on the "round that there are other properties which would #etter ser$e the purpose.

a. Will :o$ito8s motion to dismiss prosper? /plain. +%, #. =s )ud"e5 will 'ou "rant the writ of possession pra'ed for #' !CW&? /plain.

+%,XV

a. lorencio sued uillermo for partition of a propert' the' owned in common.uillermo filed a motion to dismiss the complaint #ecause lorencio failed toimplead &ernando and Inocencio5 the other co-owners of the propert'. =s )ud"e5

will 'ou "rant the motion to dismiss? /plain. +%, #. ;ariano5 throu"h his attorne'-in-fact5 ;arcos5 filed with the R of Ba"uio it'

a complaint for annulment of sale a"ainst &enr'. ;arcos and &enr' #oth reside in=sin Road5 Ba"uio it'5 while ;ariano resides in !a$ao it'. &enr' filed amotion to dismiss the complaint on the "round of prematurit' for failure tocompl' with the mandator' #aran"a' conciliation. Resol$e the motion withreasons. +%,

XVI

a. =fter the prosecution had rested and made its formal offer of e$idence5 with thecourt admittin" all of the prosecution e$idence5 the accused filed a demurrer toe$idence with lea$e of court. he prosecution was allowed to comment thereon.hereafter5 the court "ranted the demurrer5 findin" that the accused could not ha$ecommitted the offense char"ed. If the prosecution files a motion for

reconsideration on the "round that the court order "rantin" the demurrer was notin accord with the law and )urisprudence5 will the motion prosper? /plain 'our answer. +%,

#. = criminal information is filed in court char"in" =nselmo with homicide.=nselmo files a motion to <uash the information on the "round that no

preliminar' in$esti"ation was conducted. Will the motion #e "ranted? Wh'wh' not? +%,

XVII

&a$in" o#tained fa$ora#le )ud"ment in his suit for a sum of mone' a"ainst Catric@rencio sou"ht the issuance of a writ of eecution. When the writ was issued5 the shele$ied upon a parcel of land that Catricio owns5 and a date was set for the eecution sal

a. &ow ma' Catricio pre$ent the sale of the propert' on eecution? +2,

#. If @rencio is the purchaser of the propert' at the eecution sale5 how much dhe ha$e to pa'? /plain. +2,

c. If the propert' is sold to a third part' at the eecution sale5 what can Catricio dreco$er the propert'? /plain. +2,

XVIII

Cino' died without a will. &is wife5 Rosie5 and three children eecuted a deedetra)udicial settlement of his estate. he deed was properl' pu#lished and re"istered wthe @ffice of the Re"ister of !eeds. hree 'ears thereafter5 3uD' appeared5 claimin" tothe ille"itimate child of Cino'. 3he sou"ht to annul the settlement alle"in" that she wdepri$ed of her ri"htful share in the estate.Rosie and the three children contended that +1, the pu#lication of the deed constituconstructi$e notice to the whole world5 and should therefore #ind 3uD' and +2, 3uDaction had alread' prescri#ed.

=re Rosie and the three children correct? /plain. +(,XIX

a. !istin"uish the two +2, modes of appeal from the )ud"ment of the Re"ional ourt to the ourt of =ppeals. +%,

#. What is the writ of amparo? &ow is it distin"uished from the writ of ha#corpus? +2,

c. What is the writ of ha#eas data? +1,#NOTHING FOLLOWS#

2010C=R I

I

@n ;arch 125 200F5 ;a#ini was char"ed with ;urder for fatall' sta##in" /milio.

o pro$e the <ualif'in" circumstance of e$ident premeditation5 the prosecution introduon !ecem#er 115 200E a tet messa"e5 which ;a#iniKs estran"ed wife re"oria had s




to /milio on the e$e of his death5 readin"> 4&one'5 pa2ta'in u ni ;a#ini. ;t"al n n'an" plano i2. ;" in"at u #7a ma tsu"i 7.4

= su#poena ad testificandum was ser$ed on re"oria for her to #e presented for the purpose of identif'in" her cellphone and the tet messa"e. ;a#ini o#)ected to her presentation on the "round of marital pri$ile"e. Resol$e. +%,

3uppose ;a#iniKs o#)ection in <uestion = was sustained. he prosecution thereuponannounced that it would #e presentin" /milioKs wife raciana to identif' /milioKscellphone #earin" re"oriaKs tet messa"e. ;a#ini o#)ected a"ain. Rule on the o#)ection.+2,

If ;a#iniKs o#)ection in <uestion B was o$erruled5 can he o#)ect to the presentation of thetet messa"e on the "round that it is hearsa'? +2,

3uppose that shortl' #efore he epired5 /milio was a#le to send a tet messa"e to his wiferaciana readin" 4asa7sa7 a7o. ! na me ma7ahin"a. 3i ;a#ini an" ma' "awa ni2.4 Isthis tet messa"e admissi#le as a d'in" declaration? /plain. +%,

II

@n =u"ust 1%5 200F5 =5 as shipper and consi"nee5 loaded on the ;J9 =tlantis in Le"aspiit' 1005000 pieces of centur' e""s. he shipment arri$ed in ;anila totall' dama"ed on=u"ust 1(5 200F. = filed #efore the ;etropolitan rial ourt +;e, of ;anila acomplaint a"ainst B 3uper Lines5 Inc. +B Lines,5 owner of the ;J9 =tlantis5 for reco$er'of dama"es amountin" to C16G5FEE. &e attached to the complaint the Bill of Ladin".

B Lines filed a ;otion to !ismiss upon the "round that the Re"ional rial ourt haseclusi$e ori"inal )urisdiction o$er 4all actions in admiralt' and maritime4 claims. In hisRepl'5 = contended that while the action is indeed 4admiralt' and maritime4 in nature5 it isthe amount of the claim5 not the nature of the action5 that "o$erns )urisdiction. Cass on the;otion to !ismiss. +%,

he ;e denied the ;otion in <uestion =. B Lines thus filed an =nswer raisin" thedefense that under the Bill of Ladin" it issued to =5 its lia#ilit' was limited to C105000.

=t the pre-trial conference5 B Lines defined as one of the issues whether the stipulationlimitin" its lia#ilit' to C105000 #inds =. = countered that this was no lon"er in issue as B

Lines had failed to den' under oath the Bill of Ladin". Which of the parties is corre/plain. +%,

@n :ul' 215 200E5 B Lines ser$ed on = a 4otice to a7e !eposition54 settin" deposition on :ul' 2E5 200E at F>%0 a.m. at the office of its counsel in ;a7ati. = failedappear at the deposition-ta7in"5 despite notice. =s counsel for B Lines5 how would ' proceed? +%,

III

=na#el filed a complaint a"ainst B for unlawful detainer #efore the ;unicipal rial o+;, of anda#a5 Campan"a. =fter the issues had #een )oined5 the ; dismissed complaint for lac7 of )urisdiction after notin" that the action was one for acc pu#liciana.

=na#el appealed the dismissal to the R which affirmed it and accordin"l' dismisher appeal. 3he ele$ates the case to the ourt of =ppeals5 which remands the case to R. Is the appellate court correct? /plain. +%,

I9

A was dri$in" the dump truc7 of H alon" attle'a 3treet in 3ta. ;aria5 Bulacan. !uehis ne"li"ence5 A hit and in)ured 9 who was crossin" the street. Law'er L5 who witnesthe incident5 offered his le"al ser$ices to 9.

95 who suffered ph'sical in)uries includin" a fractured wrist #one5 underwent sur"er'screw a metal plate to his wrist #one.

@n complaint of 95 a criminal case for Rec7less Imprudence Resultin" in 3erious Ch'sIn)uries was filed a"ainst A #efore the ;unicipal rial ourt +;, of 3ta. ;aria. =L5 the pri$ate prosecutor5 did not reser$e the filin" of a separate ci$il action.

9 su#se<uentl' filed a complaint for !ama"es a"ainst A and H #efore the Re"ional

ourt of Can"asinan in rdaneta where he resides. In his 4ertification ="ainst or3hoppin"54 9 made no mention of the pendenc' of the criminal case in 3ta. ;aria.

Is 9 "uilt' of forum shoppin"? +2,




Instead of filin" an =nswer5 A and H mo$e to dismiss the complaint for dama"es on the"round of litis pendentia. Is the motion meritorious? /plain. +2,

3uppose onl' A was named as defendant in the complaint for dama"es5 ma' he mo$e for the dismissal of the complaint for failure of 9 to implead H as an indispensa#le part'?+2,

A mo$ed for the suspension of the proceedin"s in the criminal case to await the decisionin the ci$il case. or his part5 H mo$ed for the suspension of the ci$il case to await thedecision in the criminal case. Which of them is correct? /plain. +2,

=tt'. L offered in the criminal case his affida$it respectin" what he witnessed durin" theincident. AKs law'er wanted to cross-eamine =tt'. L who5 howe$er5 o#)ected on the"round of law'er-client pri$ile"e. Rule on the o#)ection. +2,

9

harisse5 alle"in" that she was a resident of Lapu-Lapu it'5 filed a complaint for dama"es a"ainst =tlanta Ban7 #efore the R of Lapu-Lapu it'5 followin" the dishonor of a chec7 she drew in fa$or of 3hirle' a"ainst her current account which she maintained

in the #an7Ks local #ranch.

he #an7 filed a ;otion to !ismiss the complaint on the "round that it failed to state acause of action5 #ut it was denied. It thus filed an =nswer.

In the course of the trial5 harisse admitted that she was a 3 citiDen residin" in Los=n"eles5 alifornia and that she was temporaril' #illeted at the Cescado &otel in Lapu-Lapu it'5 drawin" the #an7 to file another motion to dismiss5 this time on the "round of improper $enue5 since harisse is not a resident of Lapu-Lapu it'.

harisse opposed the motion citin" the 4omni#us motion rule.4 Rule on the motion. +%,

3uppose harisse did not raise the 4omni#us motion rule54 can the )ud"e proceed to

resol$e the motion to dismiss? /plain. +%,

3uppose the )ud"e correctl' denied the second motion to dismiss and rendered )ud"mentin fa$or of harisse5 orderin" the #an7 to pa' her C1005000 in dama"es plus le"al interest.he )ud"ment #ecame final and eecutor' in 200F. o date5 harisse has not mo$ed to

eecute the )ud"ment. he #an7 is concerned that its lia#ilit' will increase with the de #ecause of the interest on the )ud"ment award.

=s counsel of the #an75 what mo$e should 'ou ta7e? +%,

9I

=nti<ue dealer ;ercedes #orrowed C150005000 from anti<ue collector Ben)am;ercedes issued a postdated chec7 in the same amount to Ben)amin to co$er the de#t.

@n the due date of the chec75 Ben)amin deposited it #ut it was dishonored. =s despdemands5 ;ercedes failed to ma7e "ood the chec75 Ben)amin filed in :anuar' 200complaint for collection of sum of mone' #efore the R of !a$ao.

;ercedes filed in e#ruar' 200E her =nswer with ounterclaim5 alle"in" that #eforefilin" of the case5 she and Ben)amin had entered into a dacion en pa"o a"reement in whher $inta"e C150005000 Role watch which was ta7en #' Ben)amin for sale commission was applied to settle her inde#tedness and that she incurred epensesdefendin" what she termed a 4fri$olous lawsuit.4 3he accordin"l' pra'ed for C*05dama"es.

Ben)amin soon after mo$ed for the dismissal of the case. he trial court accordindismissed the complaint. =nd it also dismissed the ounterclaim.

;ercedes mo$ed for a reconsideration of the dismissal of the ounterclaim. Cass up;ercedesK motion. +%,

3uppose there was no ounterclaim and Ben)aminKs complaint was not dismissed5 )ud"ment was rendered a"ainst ;ercedes for C150005000. he )ud"ment #ecame final eecutor' and a writ of eecution was correspondin"l' issued.

3ince ;ercedes did not ha$e cash to settle the )ud"ment de#t5 she offered her o'amr' model 200F $alued at C1.2 million. he 3heriff5 howe$er5 on re<uest of Ben)am

seiDed ;ercedesK 1Gth centur' i$or' ima"e of the La 3a"rada amilia estimated toworth o$er C150005000.

Was the 3heriffKs action in order? +%,

9II




=s icero was wal7in" down a dar7 alle' one midni"ht5 he saw an 4owner-t'pe )eepne'4approachin" him. 3ensin" that the occupants of the $ehicle were up to no "ood5 he dartedinto a corner and ran. he occupants of the $ehicle elements from the Western Colice!istrict "a$e chase and apprehended him.

he police apprehended icero5 fris7ed him and found a sachet of 0.0E "ram of sha#u

tuc7ed in his waist and a 3wiss 7nife in his secret poc7et5 and detained him thereafter. Isthe arrest and #od'-search le"al? +%,

C=R II

9III

!omini<ue was accused of committin" a $iolation of the &uman 3ecurit' =ct. &e wasdetained incommunicado5 depri$ed of sleep5 and su#)ected to water torture. &e later alle"edl' confessed his "uilt $ia an affida$it.

=fter trial5 he was ac<uitted on the "round that his confession was o#tained throu"htorture5 hence5 inadmissi#le as e$idence.

In a su#se<uent criminal case for torture a"ainst those who depri$ed him of sleep andsu#)ected him to water torture5 !omini<ue was as7ed to testif' and to5 amon" other thin"s5identif' his a#o$e-said affida$it of confession. =s he was a#out to identif' the affida$it5the defense counsel o#)ected on the "round that the affida$it is a fruit of a poisonous tree.an the o#)ection #e sustained? /plain. +%,

IA

In a prosecution for rape5 the defense relied on !eo'ri#onucleic =cid +!=, e$idenceshowin" that the semen found in the pri$ate part of the $ictim was not identical with thatof the accusedKs. =s pri$ate prosecutor5 how will 'ou dispute the $eracit' and accurac' of the results of the != e$idence? +%,

A

;arinella is a )unior officer of the =rmed orces of the Chilippines who claims to ha$e personall' witnessed the mal$ersation of funds "i$en #' 3 authorities in connection withthe Bali7atan eercises.

;arinella alle"es that as a result of her eposM5 there are operati$es within the militwho are out to 7ill her. 3he files a petition for the issuance of a writ of amparo a"aiamon" others5 the hief of 3taff #ut without alle"in" that the latter ordered that she7illed.

=tt'. !aro5 counsel for the hief of 3taff5 mo$es for the dismissal of the Cetition

failure to alle"e that his client issued an' order to 7ill or harm ;arinella. Rule on =!aroKs motion. /plain. +%,

AI

A was arrested for the alle"ed murder of a 6-'ear old lad. &e was read his ;iranda ri"immediatel' upon #ein" apprehended.

In the course of his detention5 A was su#)ected to three hours of non-stop interro"ati&e remained <uiet until5 on the %rd hour5 he answered 4'es4 to the <uestion of whether pra'ed for for"i$eness for shootin" down the #o'.4 he trial court5 interpretin" AKs ansas an admission of "uilt5 con$icted him.

@n appeal5 AKs counsel faulted the trial court in its interpretation of his clientKs answar"uin" that A in$o7ed his ;iranda ri"hts when he remained <uiet for the first two hoof <uestionin". Rule on the assi"nment of error. +%,

AII

In a prosecution for murder5 the prosecutor as7s accused !arwin if he had #een pre$iouarrested for $iolation of the =nti- raft and orrupt Cractices =ct. =s defense couns'ou o#)ect. he trial court as7s 'ou on what "roundJs. Respond. +%,

AIII

Colicemen #rou"ht LorenDo to the Chilippine eneral &ospital +C&, and re<uested

of its sur"eons to immediatel' perform sur"er' on him to retrie$e a pac7et of 10 "ramsha#u which the' alle"ed was swallowed #' LorenDo.

3uppose the C& a"reed to5 and did perform the sur"er'5 is the pac7a"e of shadmissi#le in e$idence? /plain. +%,




AI9

Darina died sin"le. 3he left all her properties #' will to her friend !u<ueDa. In the will5Darina stated that she did not reco"niDe ;arco as an adopted son #ecause of hisdisrespectful conduct towards her.

!u<ueDa soon instituted an action for pro#ate of DarinaKs will. ;arco5 on the other hand5

instituted intestate proceedin"s. Both actions were consolidated #efore the R of Casi".@n motion of ;arco5 !u<ueDaKs petition was ordered dismissed on the "round that thewill is $oid for depri$in" him of his le"itime. =r"ue for !u<ueDa. +*,

A9

Cedrillo5 a il-=m permanent resident of Los =n"eles5 alifornia at the time of his death5 #e<ueathed to Winston a sum of mone' to purchase an annuit'.

pon CedrilloKs demise5 his will was dul' pro#ated in Los =n"eles and the specified sumin the will was in fact used to purchase an annuit' with AHN of &on" Oon" so thatWinston would recei$e the e<ui$alent of 3P15000 per month for the net 1* 'ears.

Wantin" to recei$e the principal amount of the annuit'5 Winston files for the pro#ate of CedrilloKs will in the ;a7ati R. =s pra'ed for5 the court names Winston asadministrator of the estate.

Winston now files in the ;a7ati R a motion to compel AHN to account for all sums inits possession formin" part of CedrilloKs estate. Rule on the motion. +*,

A9I

3al ;ineo died intestate5 lea$in" a C1 #illion estate. &e was sur$i$ed #' his wife!a'anara and their fi$e children.

!a'anara filed a petition for the issuance of letters of administration. harlene5 one of the

children5 filed an opposition to the petition5 alle"in" that there was neither an alle"ationnor "enuine effort to settle the estate amica#l' #efore the filin" of the petition. Rule on theopposition. +*,

A9II

What is 4res )udicata in prison "re'4? +2,

A9III

While window-shoppin" at the mall on =u"ust (5 200F5 !ante lost his or"aniDer includhis credit card and #illin" statement. wo da's later5 upon reportin" the matter to credit card compan'5 he learned that a one-wa' airplane tic7et was purchased online us

his credit card for a fli"ht to ;ilan in mid- =u"ust 200F. pon etensi$e in<uir' with airline compan'5 !ante disco$ered that the plane tic7et was under the name of one !;eril. !ante approaches 'ou for le"al ad$ice.

What is the proper procedure to pre$ent !ina from lea$in" the Chilippines? +2,

3uppose an Information is filed a"ainst !ina on =u"ust 125 200F and she is immediaarrested. What pieces of electronic e$idence will !ante ha$e to secure in order to prothe fraudulent online transaction? +2,

AIA

1. /numerate the re<uisites of a 4trial in a#sentia 4 +2, and a 4promul"ation of )ud"m

in a#sentia4 +2,.

2. ame two instances where the trial court can hold the accused ci$ill' lia#le e$en ifis ac<uitted. +2,

AA

=Denith5 the cashier of emptation In$estments5 Inc. +emptation5 Inc., with princoffices in e#u it'5 is e<uall' hated and lo$ed #' her co-emplo'ees #ecause she etecash ad$ances or 4$ales 4 to her collea"ues whom she li7es. @ne mornin"5 =Dendisco$ers an anon'mous letter inserted under the door of her office threatenin" to 7ill h

=Denith promptl' reports the matter to her superior :oshua5 who thereupon conducts

internal in$esti"ation to $erif' the said threat.

laimin" that the threat is real5 emptation5 Inc. opts to transfer =Denith to its Calaw@ffice5 a mo$e she resists in $iew of the compan'Ks refusal to disclose the results ofin$esti"ation.




!ecr'in" the mo$e as a $irtual depri$ation of her emplo'ment5 =Denith files a petition for the issuance of a writ of ha#eas data #efore the Re"ional rial ourt +R, to en)oinemptation5 Inc. from transferrin" her on the "round that the compan'Ks refusal to pro$ideher with a cop' of the in$esti"ation results compromises her ri"ht to life5 li#ert' and pri$ac'.

Resol$e the petition. /plain. +*,

@&I @LL@W3.

2011Bar Examination Questionnaire for Remeia! La"

Set A

+1, =nna filed a petition for appointment as re"ular administratri of her fathers8 estate.&er sister 3ophia mo$ed to dismiss the petition on the "round that the parties5 as mem#ersof the same famil'5 ha$e not eerted earnest effort toward a compromise prior to the filin"of the petition. 3hould the petition #e dismissed?

+=, Hes5 since such earnest effort is )urisdictional in all estate cases.+B, o5 since such earnest effort is not re<uired in special proceedin"s.+, Hes5 since such earnest effort is re<uired prior to the filin" of the case.

+!, o5 since such earnest effort toward a compromise is not re<uired in summar' proceedin"s.+2, = pendin" criminal case5 dismissed pro$isionall'5 shall #e deemed permanentl'dismissed if not re$i$ed after 2 'ears with respect to offenses punisha#le #' imprisonment

+=, of more than 12 'ears.+B, not eceedin" 6 'ears or a fine not eceedin" C15000.00.+, of more than 6 'ears or a fine in ecess of C15000.00.+!, of more than 6 'ears.

+%, =n"ie was con$icted of false testimon' and ser$ed sentence. i$e 'ears later5 she wascon$icted of homicide. @n appeal5 she applied for #ail. ;a' the ourt of =ppeals den'her application for #ail on "round of ha#itual delin<uenc'?

+=, Hes5 the felonies are #oth punisha#le under the Re$ised Cenal ode.+B, Hes5 her twin con$ictions indicated her criminal inclinations.

+, o5 the felonies fall under different titles in the Re$ised Cenal ode.+!, o5 the char"es are #oth #aila#le.+(, Which of the followin" is @ @3I3/ with the rules "o$ernin" epropriation proceedin"s?

+=, he court shall declare the defendant who fails to answer the complaint indefault and render )ud"ment a"ainst him.

+B, he court shall refer the case to the Board of ommissioners to determineamount of )ust compensation.+, he plaintiff shall ma7e the re<uired deposit and forthwith ta7e immed possession of the propert' sou"ht to #e epropriated.+!, he plaintiff ma' appropriate the propert' for pu#lic use after )ud"ment a pa'ment of the compensation fied in it5 despite defendantKs appeal.

+*, Which of the followin" is a correct statement of the rule on amendment of

information in a criminal proceedin"?+=, =n amendment that down"rades the offense re<uires lea$e of court e$ #efore the accused pleads.+B, 3u#stantial amendments are allowed with lea$e of court #efore the accu pleads.+, @nl' formal amendments are permissi#le #efore the accused pleads.+!, =fter the plea5 a formal amendment ma' #e made without lea$e of court.

+6, ar' who li$ed in a"ui" #orrowed C1 million from Re' who li$ed in ;a7ati undcontract of loan that fied ;a7ati as the $enue of an' action arisin" from the contraar' had alread' paid the loan #ut Re' 7ept on sendin" him letters of demand for so #alance. Where is the $enue of the action for harassment that ar' wants to file a"aRe'?

+=, In ;a7ati since the intent of the part' is to ma7e it the $enue of an' act

#etween them whether #ased on the contract or not.+B, In a"ui" or ;a7ati at the option of ar' since it is a personal in)ur' action+, In a"ui" since Re' recei$ed the letters of demand there.+!, In ;a7ati since it is the $enue fied in their contract.

+G, Which of the followin" is @ within the power of a )udicial recei$er to perform?+=, Brin" an action in his name.+B, ompromise a claim.+, !i$ide the residual mone' in his hands amon" the persons le"all' entitledthe same.+!, In$est the funds in his hands without court appro$al.

+F, Which of the followin" precepts forms part of the rules "o$ernin" small claims?+=, Cermissi$e counterclaim is not allowed.+B, he court shall render its decision within % da's after hearin".

+, :oinder of separate claims is not allowed.+!, ;otion to declare defendant in default is allowed.+E, he ;etropolitan rial ourt con$icted 9ir"ilio and !ina of concu#ina"e. Cendappeal5 the' applied for #ail5 claimin" the' are entitled to it as a matter of ri"ht. Is thclaim correct?

+=, o5 #ail is not a matter of ri"ht after con$iction.




+B, Hes5 #ail is a matter of ri"ht in all cases not in$ol$in" moral turpitude.+, o5 #ail is dependent on the ris7 of fli"ht.+!, Hes5 #ail is a matter of ri"ht in the ;etropolitan rial ourt #efore and after con$iction.

+10, =s a rule5 the )ud"e shall recei$e the e$idence personall'. In which of the followin"circumstances ma' the court dele"ate the reception of e$idence to the cler7 of court?

+=, When a <uestion of fact arises upon a motion.

+B, When the trial of an issue of fact re<uires the eamination of a lon" account.+, In default or e-parte hearin"s.+!, pon motion of a part' on reasona#le "rounds.

+11, Which of the followin" is in accord with the applica#le rules on recei$ership?+=, he court ma' appoint the plaintiff as recei$er of the propert' in liti"ationo$er the defendantKs o#)ection.+B, = recei$er ma' #e appointed after )ud"ment if the )ud"ment o#li"or refuses toappl' his propert' to satisf' the )ud"ment.+, he trial court cannot appoint a recei$er when the case is on appeal.+!, he filin" of #ond on appointment of a recei$er is mainl' optional.

+12, Bearin" in mind the distinction #etween pri$ate and pu#lic document5 which of thefollowin" is admissi#le in e$idence without further proof of due eecution or "enuineness?

+=, Baptismal certificates.+B, @fficial record of the Chilippine /m#ass' in 3in"apore certified #' the 9ice-onsul with official seal.+, !ocuments ac7nowled"ed #efore a otar' Cu#lic in &on" Oon".+!, n#lemished receipt dated !ecem#er 205 1EF* si"ned #' the promisee5showin" pa'ment of a loan5 found amon" the well-7ept file of the promissor.

+1%, Ramon witnessed the commission of a crime #ut he refuses to testif' for fear of hislife despite a su#poena #ein" ser$ed on him. an the court punish him for contempt?

+=, o5 since no person can #e compelled to #e a witness a"ainst another.+B, Hes5 since pu#lic interest in )ustice re<uires his testimon'.+, o5 since Ramon has a $alid reason for not testif'in".+!, Hes5 since liti"ants need help in presentin" their cases.

+1(, he ri"ht to inter$ene is not a#solute. In "eneral5 it =@ #e allowed where

+=, the inter$enor has a common interest with an' of the parties.+B, it would enlar"e the issues and epand the scope of the remedies.+, the inter$enor fails to put up a #ond for the protection of the other parties.+!, the inter$enor has a sta7e in the propert' su#)ect of the suit.

+1*, Which of the followin" "rounds for dismissal in$o7ed #' the court will @CR/L!/ the plaintiff from refilin" his action?

+=, Res )udicata.+B, Lac7 of )urisdiction o$er the su#)ect matter.+, nenforcea#ilit' under the 3tatutes of raud.+!, Crescription.

+16, When ma' a co-owner @ demand the partition of the thin" owned in common?+=, When the creditor of one of the co-owners has attached the propert'.+B, When the propert' is essentiall' indi$isi#le.

+, When related co-owners a"reed to 7eep the propert' within the famil'.+!, When a co-owner uses the propert' as his residence.+1G, he cit' prosecutor of ;anila filed5 upon 3oledadKs complaint5 a criminal action estafa a"ainst her sister5 Wella5 #efore the R of ;anila for sellin" to 9ictor a land tshe pre$iousl' sold to 3oledad. =t the same time 3oledad filed a ci$il action to annul second sale #efore the R of QueDon it'. ;a' the ;anila R motu proprio suspethe criminal action on "round of pre)udicial <uestion?

+=, Hes5 if it ma' #e clearl' inferred that complainant will not o#)ect to suspension of the criminal case.+B, o5 the accused must file a motion to suspend the action #ased on pre)udi<uestion.+, Hes5 if it finds from the record that such pre)udicial <uestion eists.+!, Hes5 if it is con$inced that due process and fair trial will #e #etter ser$ed if

criminal case is suspended.+1F, Which of the followin" conforms to the applica#le rule on reple$in?+=, he applicant must file a #ond eecuted to the ad$erse part' in an amoe<ual to the $alue of the propert' as determined #' the court.+B, he propert' has #een wron"full' detained #' the ad$erse part'.+, he applicant has a contin"ent claim o$er the propert' o#)ect of the writ.+!, he plaintiff ma' appl' for the writ at an' time #efore )ud"ment.

+1E, err' sued AHN Bus o. and Rico5 its #us dri$er5 for in)uries err' suffered whtheir #us ran off the road and hit him. @f the two defendants5 onl' AHN Bus o. filedanswer5 alle"in" that its #us ran off the road #ecause one of its wheels "ot cau"ht inopen manhole5 causin" the #us to swer$e without the dri$erKs fault. 3omeone had stothe manhole co$er and the road "a$e no warnin" of the dan"er it posed. @n errmotion and o$er the o#)ection of AHN Bus o.5 the court declared Rico5 the #us dri$er

default and rendered )ud"ment orderin" him to pa' C*05000 in dama"es to err'. !idcourt act correctl'?+=, o5 since the court should ha$e tried the case a"ainst #oth defendants upthe #us compan'Ks answer.+B, o5 the court should ha$e dropped Rico as defendant since the mone'defendant is the #us compan'.




+, Hes5 the court can5 under the rules5 render )ud"ment a"ainst the defendantdeclared in default.+!, Hes5 since5 in failin" to answer5 Rico ma' #e deemed to ha$e admitted thealle"ations in the complaint.

+20, Which of the followin" has @ CL=/ in an application for a reple$in order? =statement

+=, that the propert' is wron"full' detained #' the ad$erse part'.

+B, that the propert' has not #een distrained for a ta assessment or placed under custodia le"is.+, of the assessed $alue of the propert'.+!, that the applicant owns or has a ri"ht to the possession of the propert'.

+21, 00F-EEG-0001 In which of the followin" instances is the <uantum of e$idence/RR@/@3LH applied?

+=, in Writ of =mparo cases5 su#stantial e$idence.+B, to satisf' the #urden of proof in ci$il cases5 preponderance of e$idence.+, to o$ercome a disputa#le presumption5 clear and con$incin" e$idence.+!, to re#ut the presumpti$e $alidit' of a notarial document5 su#stantial e$idence.

+22, he accused )umps #ail and fails to appear on promul"ation of )ud"ment where he isfound "uilt'. What is the conse<uence of his a#sence?

+=, ounsel ma' appeal the )ud"ment in the a#sence of the accused.

+B, he )ud"ment shall #e promul"ated in his a#sence and he loses his ri"ht of appeal.+, he promul"ation of the )ud"ment shall #e suspended until he is #rou"ht tothe )urisdiction of the court.+!, he )ud"ment shall #e $oid.

+2%, What should the court sheriff do if a third part' ser$es on him an affida$it of claimco$erin" the propert' he had le$ied?

+=, =s7 the )ud"ment o#li"ee to file a court-appro$ed indemnit' #ond in fa$or of the third-part' claimant or the sheriff will release the le$ied propert'.+B, =s7 the )ud"ment o#li"ee to file a court-appro$ed #ond for the sheriffKs protection in case he proceeds with the eecution.+, Immediatel' lift the le$' and release the le$ied propert'.+!, =s7 the third-part' claimant to support his claim with an indemnit' #ond in

fa$or of the )ud"ment o#li"ee and release the le$ied propert' if such #ond is filed.+2(, Which of the followin" is @ R/=R!/! as a sufficient proof of personal ser$iceof pleadin"s?

+=, @fficial return of the ser$er.+B, Re"istered mail receipt.+, Written admission of the part' ser$ed.

+!, =ffida$it of the ser$er with a statement of the date5 place and mannerser$ice.

+2*, = sued B for e)ectment. Cendin" trial5 B died5 sur$i$ed #' his son5 . o su#stituof part' defendant was made. pon finalit' of the )ud"ment a"ainst B5 ma' the sameenforced a"ainst ?

+=, Hes5 #ecause the case sur$i$ed BKs death and the effect of final )ud"ment ine)ectment case #inds his successors in-interest.

+B, o5 #ecause was denied due process.+, Hes5 #ecause the ne"li"ence of BKs counsel in failin" to as7 for su#stitutishould not pre)udice =.+!, o5 #ecause the action did not sur$i$e BKs death.

+26, What is the proper remed' to secure relief from the final resolutions of ommission @n =udit?

+=, Cetition for re$iew on certiorari with the 3upreme ourt.+B, 3pecial ci$il action of certiorari with the ourt of =ppeals.+, 3pecial ci$il action of certiorari with the 3upreme ourt.+!, =ppeal to the ourt of =ppeals.

+2G, Which of the followin" is a dut' en)oined on the "uardian and co$ered #' his #ond+=, Cro$ide for the proper care5 custod'5 and education of the ward.+B, /nsure the wise and profita#le in$estment of the wardKs financial resources

+, ollect compensation for his ser$ices to the ward.+!, Raise the ward to #ecome a responsi#le mem#er of societ'.+2F, Berto was char"ed with and con$icted of $iolatin" a cit' ordinance a"ainst litterin pu#lic places punisha#le #' imprisonment of one month or a fine of C15000.00. Butcit' ma'or pardoned him. = 'ear later5 he was char"ed with $iolatin" a cit' ordinana"ainst )a'wal7in" which carried the same penalt'. eed Berto post #ail for such offen

+=, Hes5 his pre$ious con$iction re<uires postin" of #ail for the present char"e.+B, Hes5 since he ma' #e deemed to ha$e $iolated the terms of his pardon.+, o5 #ecause he is presumed innocent until pro$en otherwise.+!, o5 one char"ed with the $iolation of a cit' ordinance is not re<uired to p #ail5 notwithstandin" a pre$ious pardon.

+2E, Which of the followin" claims sur$i$e the death of the defendant and need not presented as a claim a"ainst the estate?

+=, ontin"ent mone' claims arisin" from contract.+B, nenforced mone' )ud"ment a"ainst the decedent5 with death occurr #efore le$' on eecution of the propert'.+, laims for dama"es arisin" from <uasi-delict.+!, laims for funeral epenses.




+%0, In a case5 the prosecutor as7ed the medical epert the <uestion5 4=ssumin" that theassailant was #ehind the deceased #efore he attac7ed him5 would 'ou sa' that treacher'attended the 7illin"?4 Is this h'pothetical <uestion permissi#le?

+=, o5 since it as7s for his le"al opinion.+B, Hes5 #ut conditionall'5 su#)ect to su#se<uent proof that the assailant wasindeed #ehind the deceased at that time.+, Hes5 since h'pothetical <uestions ma' #e as7ed of an epert witness.

+!, o5 since the medical epert has no personal 7nowled"e of the fact.+%1, he cit' prosecutor char"ed Ben with serious ph'sical in)uries for sta##in" erence.&e was tried and con$icted as char"ed. = few da's later5 erence died due to se$ereinfection of his sta# wounds. an the prosecution file another information a"ainst Ben for homicide?

+=, Hes5 since erenceKs death shows irre"ularit' in the filin" of the earlier char"ea"ainst him.+B, o5 dou#le )eopard' is present since Ben had alread' #een con$icted of thefirst offense.+, o5 there is dou#le )eopard' since serious ph'sical in)uries is necessaril'included in the char"e of homicide.+!, Hes5 since super$enin" e$ent altered the 7ind of crime the accused committed.

+%2, =r$in was cau"ht in fla"rante delicto sellin" dru"s for C2005000.00. he police

officers confiscated the dru"s and the mone' and #rou"ht them to the police station wherethe' prepared the in$entor' dul' si"ned #' police officer @scar ;oreno. he' were5howe$er5 una#le to ta7e pictures of the items. Will this deficienc' destro' the chain of custod' rule in the dru" case?

+=, o5 a #reach of the chain of custod' rule in dru" cases5 if satisfactoril'eplained5 will not ne"ate con$iction.+B, o5 a #reach of the chain of custod' rule ma' #e offset #' presentation incourt of the dru"s.+, Hes5 chain of custod' in dru" cases must #e strictl' o#ser$ed at all times to preser$e the inte"rit' of the confiscated items.+!, Hes5 compliance with the chain of custod' rule in dru" cases is the onl' wa'to pro$e the accusedKs "uilt #e'ond reasona#le dou#t.

+%%, = sued B in the R of QueDon it'5 )oinin" two causes of action> for partition of

real propert' and #reach of contract with dama"es. Both parties reside in QueDon it' #utthe real propert' is in ;anila. ;a' the case #e dismissed for improper $enue?+=, Hes5 since causes of action pertainin" to different $enues ma' not #e )oined inone action.+B, o5 since causes of action pertainin" to different $enues ma' #e )oined in theR if one of the causes of action falls within its )urisdiction.

+, Hes5 #ecause special ci$il action ma' not #e )oined with an ordinar' caction.+!, o5 since plaintiff ma' un<ualifiedl' )oin in one complaint as man' causeaction as he has a"ainst opposin" part'.

+%(, What is the doctrine of )udicial sta#ilit' or non interference?+=, @nce )urisdiction has attached to a court5 it can not #e depri$ed of it su#se<uent happenin"s or e$ents.

+B, ourts will not hear and decide cases in$ol$in" issues that come within )urisdiction of administrati$e tri#unals.+, o court has the authorit' to interfere #' in)unction with the )ud"mentanother court of coordinate )urisdiction.+!, = hi"her court will not entertain direct resort to it unless the redress soucannot #e o#tained from the appropriate court.

+%*, Which of the followin" admissions made #' a part' in the course of )udi proceedin"s is a )udicial admission?

+=, =dmissions made in a pleadin" si"ned #' the part' and his counsel intento #e filed.+B, =n admission made in a pleadin" in another case #etween the same parties+, =dmission made #' counsel in open court.+!, =dmissions made in a complaint superseded #' an amended complaint.

+%6, What defenses ma' #e raised in a suit to enforce a forei"n )ud"ment?+=, hat the )ud"ment is contrar' to Chilippine procedural rules.+B, one5 the )ud"ment #ein" entitled to full faith and credit as a matter of "encomit' amon" nations.+, hat the forei"n court erred in the appreciation of the e$idence.+!, hat etrinsic fraud afflicted the )ud"ment.

+%G, ind' char"ed her hus#and5 eor"e5 with #i"am' for a prior su#sistin" marria"e weresa. ind' presented Ric and Cat5 nei"h#ors of eor"e and eresa in e#u it' pro$e5 first5 that eor"e and eresa coha#ited there and5 second5 that the' esta#lishereputation as hus#and and wife. an ind' pro$e the #i"am' #' such e$idence?

+=, Hes5 the circumstantial e$idence is enou"h to support a con$iction for #i"am+B, o5 at least one direct e$idence and two circumstantial e$idence are re<uito support a con$iction for #i"am'.

+, o5 the circumstantial e$idence is not enou"h to support a con$iction #i"am'.+!, o5 the circumstantial e$idence cannot o$ercome the lac7 of direct e$idein an' criminal case.




+%F, o pro$e pa'ment of a de#t5 Bon" testified that he heard =m#o sa'5 as the latter washandin" o$er mone' to essie5 that it was in pa'ment of de#t. Is Bon"Ks testimon'admissi#le in e$idence?

+=, Hes5 since what =m#o said and did is an independentl' rele$ant statement.+B, o5 since what =m#o said and did was not in response to a startlin"occurrence.+, o5 since Bon"Ks testimon' of what =m#o said and did is hearsa'.

+!, Hes5 since =m#oKs statement and action5 su#)ect of Bon"Ks testimon'5constitutes a $er#al act.+%E, onsiderin" the <ualifications re<uired of a would-#e witness5 who amon" thefollowin" is I@;C// to testif'?

+=, = person under the influence of dru"s when the e$ent he is as7ed to testif' ontoo7 place.+B, = person con$icted of per)ur' who will testif' as an attestin" witness to a will.+, = deaf and dum#.+!, = mental retardate.

+(0, =rthur5 a resident forei"ner sold his car to Bren. =fter #ein" paid #ut #eforedeli$erin" the car5 =rthur replaced its ori"inal sound s'stem with an inferior one. Brendisco$ered the chan"e5 re)ected the car5 and demanded the return of his mone'. =rthur didnot compl'. ;eantime5 his compan' reassi"ned =rthur to 3in"apore. Bren filed a ci$il

action a"ainst =rthur for contractual fraud and dama"es. pon his application5 the courtissued a writ of preliminar' attachment on the "rounds that +a, =rthur is a forei"ner +#, hedeparted from the Chilippines and +c, he was "uilt' of fraud in contractin" with Bren. Isthe writ of preliminar' attachment proper?

+=, o5 =rthur is a forei"ner li$in" a#road he is outside the courtKs )urisdiction.+B, Hes5 =rthur committed fraud in chan"in" the sound s'stem and itscomponents #efore deli$erin" the car #ou"ht from him.+, Hes the timin" of his departure is presumpti$e e$idence of intent to defraud.+!, o5 since it was not shown that =rthur left the countr' with intent to defraudBren.

+(1, What is the mo$antKs remed' if the trial court incorrectl' denies his motion to dismissand related motion for reconsideration?

+=, =nswer the complaint.

+B, ile an administrati$e action for "ross i"norance of the law a"ainst the trial )ud"e.+, ile a special ci$il action of certiorari on "round of "ra$e a#use of discretion.+!, =ppeal the orders of denial.

+(2, !urin" trial5 plaintiff offered e$idence that appeared irrele$ant at that time #ut he saidhe was e$entuall' "oin" to relate to the issue in the case #' some future e$idence. he

defendant o#)ected. 3hould the trial court re)ect the e$idence in <uestion on "roundirrele$ance?

+=, o5 it should reser$e its rulin" until the rele$ance is shown.+B, Hes5 since the plaintiff could an'wa' su#se<uentl' present the e$idence ane+, Hes5 since irrele$ant e$idence is not admissi#le.+!, o5 it should admit it conditionall' until its rele$ance is shown.

+(%, Ben testified that :aime5 char"ed with ro##er'5 has committed #a"-snatchin" th

times on the same street in the last si months. an the court admit this testimon'e$idence a"ainst :aime?+=, o5 since there is no showin" that Ben witnessed the past three ro##eries.+B, Hes5 as e$idence of his past propensit' for committin" ro##er'.+, Hes5 as e$idence of a pattern of criminal #eha$ior pro$in" his "uilt of present offense.+!, o5 since e$idence of "uilt of a past crime is not e$idence of "uilt of a precrime.

+((, What is the ri"ht correlation #etween a criminal action and a petition for Writ=mparo #oth arisin" from the same set of facts?

+=, When the criminal action is filed after the =mparo petition5 the latter shalldismissed.+B, he proceedin" in an =mparo petition is criminal in nature.

+, o separate criminal action ma' #e instituted after an =mparo petition is fi+!, When the criminal action is filed after the =mparo petition5 the latter shalconsolidated with the first.

+(*, =le filed a petition for writ of amparo a"ainst ;el#a relati$e to his dau"hter oin$oluntar' disappearance. =le said that ;el#a was oni8s emplo'er5 who5 da's #efoni disappeared5 threatened to "et rid of her at all costs. @n the other hand5 ;ecountered that she had nothin" to do with oni8s disappearance and that she too7 stepsascertain oni8s wherea#outs. What is the <uantum of e$idence re<uired to esta#lish parties8 respecti$e claims?

+=, or =le5 pro#a#le cause for ;el#a5 su#stantial e$idence.+B, or =le5 preponderance of e$idence for ;el#a5 su#stantial e$idence.+, or =le5 proof #e'ond reasona#le dou#t for ;el#a5 ordinar' dili"ence.+!, or #oth5 su#stantial e$idence.

+(6, In which of the followin" situations is the declaration of a deceased person a"aihis interest @ =!;I33IBL/ a"ainst him or his successors and a"ainst third persons+=, !eclaration of a )oint de#tor while the de#t su#sisted.+B, !eclaration of a )oint owner in the course of ownership.+, !eclaration of a former co-partner after the partnership has #een dissol$ed+!, !eclaration of an a"ent within the scope of his authorit'.




+(G, !efendant !ante said in his answer> 41. Claintiff Cerla claims that defendant !anteowes her C(5000 on the mo#ile phone that she sold him 2. But Cerla owes !ante C65000for the dent on his car that she #orrowed.4 &ow should the court treat the secondstatement?

+=, = cross claim+B, = compulsor' counterclaim+, = third part' complaint

+!, = permissi$e counterclaim+(F, &ow will the court sheriff enforce the demolition of impro$ements?+=, &e will "i$e a *-da' notice to the )ud"ment o#li"or and5 if the latter does notcompl'5 the sheriff will ha$e the impro$ements forci#l' demolished.+B, &e will report to the court the )ud"ment o#li"orKs refusal to compl' and ha$ethe latter cited in contempt of court.+, &e will demolish the impro$ements on special order of the court5 o#tained atthe )ud"ment o#li"eeKs motion.+!, &e will inform the court of the )ud"ment o#li"orKs noncompliance and proceed to demolish the impro$ements.

+(E, When ma' the #ail of the accused #e cancelled at the instance of the #ondsman?+=, When the accused )umps #ail.+B, When the #ondsman surrenders the accused to the court.

+, When the accused fails to pa' his annual premium on the #ail #ond.+!, When the accused chan"es his address without notice to the #ondsman.+*0, Which of the followin" ;I33=/3 a re<uisite for the issuance of a search warrant?

+=, he warrant specificall' descri#es the place to #e searched and the thin"s to #e seiDed.+B, Cresence of pro#a#le cause.+, he warrant issues in connection with one specific offense.+!, :ud"e determines pro#a#le cause upon the affida$its of the complainant andhis witnesses.

+*1, Ran"er ;otors filed a reple$in suit a"ainst Bart to reco$er possession of a car that hemort"a"ed to it. Bart disputed the claim. ;eantime5 the court allowed5 with no oppositionfrom the parties5 ;idwa' Repair 3hop to inter$ene with its claim a"ainst Bart for unpaidrepair #ills. @n su#se<uent motion of Ran"er ;otors and Bart5 the court dismissed the

complaint as well as ;idwa' Repair 3hopKs inter$ention. !id the court act correctl'?+=, o5 since the dismissal of the inter$ention #ars the ri"ht of Bart to file aseparate action.+B, Hes5 inter$ention is merel' collateral to the principal action and not anindependent proceedin".

+, Hes5 the ri"ht of the inter$enor is merel' in aid of the ri"ht of the ori"i part'5 which in this case had ceased to eist.+!, o5 since ha$in" #een allowed to inter$ene5 the inter$enor #ecame a part'the action5 entitled to ha$e the issue it raised tried and decided.

+*2, he accused was con$icted for estafa thru falsification of pu#lic document filedone of two offended parties. an the other offended part' char"e him a"ain with the sacrime?

+=, Hes5 since the wron" done the second offended part' is a separate crime.+B, o5 since the offense refers to the same series of act5 prompted #' ocriminal intent.+, Hes5 since the second offended part' is entitled to the $indication of the wrdone him as well.+!, o5 since the second offended part' is in estoppel5 not ha$in" )oined the fcriminal action.

+*%, &enr' testified that a month after the ro##er' =sion"5 one of the accused5 told hthat arlos was one of those who committed the crime with him. Is &enr'Ks testimore"ardin" what =sion" told him admissi#le in e$idence a"ainst arlos?

+=, o5 since it is hearsa'.+B, o5 since =sion" did not ma7e the statement durin" the conspirac'.+, Hes5 since it constitutes admission a"ainst a co-conspirator.

+!, Hes5 since it part of the res "estae.+*(, !oroth' filed a petition for writ of ha#eas corpus a"ainst her hus#and5 Ro'5 to from him custod' of their * 'ear old son5 :eff. he court "ranted the petition and re<uRo' to turn o$er :eff to his mother. Ro' sou"ht reconsideration #ut the court denied it.filed a notice of appeal fi$e da's from receipt of the order den'in" his motion reconsideration. !id he file a timel' notice of appeal?

+=, o5 since he filed it more than 2 da's after receipt of the decision "rantin" petition.+B, o5 since he filed it more than 2 da's after receipt of the order den'in" motion for reconsideration.+, Hes5 since he filed it within 1* da's from receipt of the denial of his motfor reconsideration.+!, Hes5 since he filed it within G da's from receipt of the denial of his motion

reconsideration.+**, =n"el Ou#eta filed a petition to chan"e his first name 4=n"el.4 =fter the re<ui pu#lication #ut #efore an' opposition could #e recei$ed5 he filed a notice of dismissal. court confirmed the dismissal without pre)udice. i$e da's later5 he filed another petitthis time to chan"e his surname 4Ou#eta.4 ="ain5 =n"el filed a notice of dismissal a




the pu#lication. his time5 howe$er5 the court issued an order5 confirmin" the dismissal of the case with pre)udice. Is the dismissal with pre)udice correct?

+=, Hes5 since such dismissal with pre)udice is mandator'.+B, o5 since the rule on dismissal of action upon the plaintiffKs notice does notappl' to special proceedin"s.+, o5 since chan"e of name does not in$ol$e pu#lic interest and the rules should #e li#erall' construed.+!, Hes5 since the rule on dismissal of action upon the plaintiffKs notice appliesand the two cases in$ol$e a chan"e in name.

+*6, = complaint without the re<uired 4$erification4+=, shall #e treated as unsi"ned.+B, lac7s a )urisdictional re<uirement.+, is a sham pleadin".+!, is considered not filed and should #e epun"ed.

+*G, he decisions of the ommission on /lections or the ommission on =udit ma' #echallen"ed #'

+=, petition for re$iew on certiorari filed with the 3upreme ourt under Rule (*.+B, petition for re$iew on certiorari filed with the ourt of =ppeals under Rule (2.+, appeal to the 3upreme ourt under Rule *(.+!, special ci$il action of certiorari under Rule 6* filed with the 3upreme ourt.

+*F, Which of the followin" states a correct "uideline in hearin" applications for #ail incapital offenses?+=, he hearin" for #ail in capital offenses is summar' the court does not sit totr' the merits of the case.+B, he prosecutionKs conformit' to the accusedKs motion for #ail is proof that itse$idence of his "uilt is not stron".+, he accused5 as applicant for #ail5 carries the #urden of showin" that the prosecutionKs e$idence of his "uilt is not stron".+!, he prosecution must ha$e full opportunit' to pro$e the "uilt of the accused.

+*E, =part from the case for the settlement of her parents8 estate5 Bett' filed an actiona"ainst her sister5 3i"ma5 for recon$e'ance of title to a piece of land. Bett' claimed that3i"ma for"ed the si"natures of their late parents to ma7e it appear that the' sold the landto her when the' did not5 thus pre)udicin" Bett'Ks le"itime. 3i"ma mo$ed to dismiss the

action on the "round that the dispute should #e resol$ed in the estate proceedin"s. Is3i"ma correct?+=, Hes5 <uestions of collation should #e resol$ed in the estate proceedin"s5 not ina separate ci$il case.+B, o5 since <uestions of ownership of propert' cannot #e resol$ed in the estate proceedin"s.

+, Hes5 in the sense that Bett' needs to wait until the estate case has #eterminated.+!, o5 the filin" of the separate action is proper #ut the estate proceedin" m #e suspended meantime.

+60, What is the conse<uence of the un)ustified a#sence of the defendant at the pre-trial+=, he trial court shall declare him as in default.+B, he trial court shall immediatel' render )ud"ment a"ainst him.+, he trial court shall allow the plaintiff to present e$idence e-parte.+!, he trial court shall epun"e his answer from the record.

+61, What is the remed' of the accused if the trial court erroneousl' denies his motion preliminar' in$esti"ation of the char"e a"ainst him?

+=, Wait for )ud"ment and5 on appeal from it5 assi"n such denial as error.+B, one since such order is final and eecutor'.+, =s7 for reconsideration if denied5 file petition for certiorari and prohi#ition+!, =ppeal the order den'in" the motion for preliminar' in$esti"ation.

+62, Which of the followin" renders a complaint for unlawful detainer deficient?+=, he defendant claims that he owns the su#)ect propert'.+B, he plaintiff has tolerated defendantKs possession for 2 'ears #edemandin" that he $acate it.+, he plaintiffKs demand is for the lessee to pa' #ac7 rentals or $acate.

+!, he lessor institutes the action a"ainst a lessee who has not paid the stipularents.+6%, In a )udicial foreclosure proceedin"5 under which of the followin" instances is court @ =LL@W/! to render deficienc' )ud"ment for the plaintiff?

+=, If the mort"a"ee is a #an7in" institution.+B, if upon the mort"a"orKs death durin" the proceedin"5 the mort"a"ee su#mhis claim in the estate proceedin".+, If the mort"a"or is a third part' who is not solidaril' lia#le with the de#tor+!, If the mort"a"or is a non-resident person and cannot #e found in Chilippines.

+6(, In which of the followin" cases is the plaintiff the real part' in interest?+=, = creditor of one of the co-owners of a parcel of land5 suin" for partition+B, =n a"ent actin" in his own name suin" for the #enefit of a disclosed princip

+, =ssi"nee of the lessor in an action for unlawful detainer +!, =n administrator suin" for dama"es arisin" from the death of the decedent+6*, he defendant in an action for sum of mone' filed a motion to dismiss the complon the "round of improper $enue. =fter hearin"5 the court denied the motion. In answer5 the defendant claimed prescription of action as affirmati$e defense5 citin" the d




alle"ed in the complaint when the cause of action accrued. ;a' the court5 after hearin"5dismiss the action on "round of prescription?

+=, Hes5 #ecause prescription is an eception to the rule on @mni#us ;otion.+B, o5 #ecause affirmati$e defenses are #arred #' the earlier motion to dismiss.+, Hes5 #ecause the defense of prescription of action can #e raised at an'time #efore the finalit' of )ud"ment.+!, o5 #ecause of the rule on @mni#us ;otion.

+66, What is the effect of the failure of the accused to file a motion to <uash aninformation that char"es two offenses?

+=, &e ma' #e con$icted onl' of the more serious offense.+B, &e ma' in "eneral #e con$icted of #oth offenses.+, he trial shall #e $oid.+!, &e ma' #e con$icted onl' of the lesser offense.

+6G, Which of the followin" is a correct application of the rules in$ol$ed in consolidationof cases?

+=, onsolidation of cases pendin" in different di$isions of an appellate court isnot allowed.+B, he court in which se$eral cases are pendin" in$ol$in" common <uestions of law and facts ma' hear initiall' the principal case and suspend the hearin" in theother cases.+, onsolidation of cases pendin" in different #ranches or different courts is not permissi#le.+!, he consolidation of cases is done onl' for trial purposes and not for appeal.

+6F, 3ummons was ser$ed on 4;; heater54 a #usiness entit' with no )uridical personalit'5 throu"h its office mana"er at its place of #usiness. !id the court ac<uire )urisdiction o$er ;; heaterKs owners?

+=, Hes5 an unre"istered entit' li7e ;; heater ma' #e ser$ed with summonsthrou"h its office mana"er.+B, o5 #ecause ;; has no )uridical personalit' and cannot #e sued.+, o5 since the real parties in interest5 the owners of ;; heater5 ha$e not #een ser$ed with summons.+!, Hes since ;;5 as #usiness entit'5 is a de facto partnership with )uridical personalit'.

+6E, raud as a "round for new trial must #e etrinsic as distin"uished from intrinsic.Which of the followin" constitutes etrinsic fraud?

+=, ollusi$e suppression #' plaintiffKs counsel of a material e$idence $ital to hiscause of action.+B, se of per)ured testimon' at the trial.+, he defendantKs fraudulent representation that caused dama"e to the plaintiff.

+!, se of falsified documents durin" the trial.+G0, pon re$iew5 the 3ecretar' of :ustice ordered the pu#lic prosecutor to file a motionwithdraw the information for estafa a"ainst 3a"un for lac7 of pro#a#le cause. he pu# prosecutor complied. Is the trial court #ound to "rant the withdrawal?

+=, Hes5 since the prosecution of an action is a prero"ati$e of the pu prosecutor.+B, o5 since the complainant has alread' ac<uired a $ested ri"ht in information.+, o5 since the court has the power after the case is filed to itself determ pro#a#le cause.+!, Hes5 since the decision of the 3ecretar' of :ustice in criminal matters #indin" on courts.

+G1, neplained or un)ustified non-)oinder in the omplaint of a necessar' part' descourt order results in

+=, the dismissal of the omplaint.+B, suspension of proceedin"s.+, contempt of court.+!, wai$er of plaintiffKs ri"ht a"ainst the unpleaded necessar' part'.

+G2, Which of the followin" =@ #e disputa#l' presumed under the rulese$idence?

+=, hat the thin" once pro$ed to eist continues as lon" as is usual with thin"that nature.+B, hat the law has #een o#e'ed.+, hat a writin" is trul' dated.+!, hat a 'oun" person5 a#sent for * 'ears5 it #ein" un7nown whether he sli$es5 is considered dead for purposes of succession.

+G%, 00F-(6(-0001 Which of the followin" is @ R/QIR/! in a petition mandamus?

+=, he act to #e performed is not discretionar'.+B, here is no other ade<uate remed' in the ordinar' course of law.+, RI& =3W/R he respondent ne"lects to perform a clear dut' undecontract.+!, he petitioner has a clear le"al ri"ht to the act demanded.

+G(, When is the defendant entitled to the return of the propert' ta7en under a writreple$in?

+=, When the plaintiffKs #ond is found insufficient or defecti$e and is replaced.+B, When the defendant posts a redeli$er' #ond e<ual to the $alue of the propseiDed.




+, When the plaintiff ta7es the propert' and disposes of it without the sheriffKsappro$al.+!, When a third part' claims the propert' ta7en 'et the applicant does not file a #ond in fa$or of the sheriff.

+G*, haracter e$idence is admissi#le+=, in criminal cases5 the accused ma' pro$e his "ood moral character if pertinentto the moral trait in$ol$ed in the offense char"ed.+B, in criminal cases5 the prosecution ma' pro$e the #ad moral character of theaccused to pro$e his criminal predisposition.+, in criminal cases5 the #ad moral character of the offended part' ma' not #e pro$ed.+!, when it is e$idence of the "ood character of a witness e$en prior toimpeachment.

+G6, AKs action for sum of mone' a"ainst H amountin" to CF05000.00 accrued #efore theeffecti$it' of the rule pro$idin" for shortened procedure in ad)udicatin" claims that do noteceed C1005000.00. A filed his action after the rule too7 effect. Will the new rule appl' tohis case?

+=, o since what applies is the rule in force at the time the cause of actionaccrued.+B, o5 since new procedural rules co$er onl' cases where the issues ha$e alread' #een )oined.+, Hes5 since procedural rules ha$e retroacti$e effect.+!, Hes5 since procedural rules "enerall' appl' prospecti$el' to pendin" cases.

+GG, = motion for reconsideration of a decision is pro forma when+=, it does not specif' the defects in the )ud"ment.+B, it is a second motion for reconsideration with an alternati$e pra'er for newtrial.+, it reiterates the issues alread' passed upon #ut in$ites a second loo7 at thee$idence and the ar"uments.+!, its ar"uments in support of the alle"ed errors are "rossl' erroneous.

+GF, Which of the followin" correctl' states the rule on foreclosure of mort"a"es?+=, he rule on foreclosure of real estate mort"a"e is suppletoril' applica#le toetra)udicial foreclosures.+B, In )udicial foreclosure5 an order of confirmation is necessar' to $est all ri"htsin the purchaser.+, here is e<uit' of redemption in etra-)udicial foreclosure.+!, = ri"ht of redemption #' the )ud"ment o#li"or eists in )udicial foreclosure.

+GE, he information char"es CC hief Luis 3antos5 +3alar' rade 2F,5 with 4ta7in"ad$anta"e of his pu#lic position as CC &ead #' feloniousl' shootin" :@3/ @=5

inflictin" on the latter mortal wounds which caused his death.4 Based solel' on alle"ation5 which court has )urisdiction o$er the case?

+=, 3andi"an#a'an onl'+B, 3andi"an#a'an or Re"ional rial ourt+, 3andi"an#a'an or ourt ;artial+!, Re"ional rial ourt onl'

+F0, !istin"uish #etween conclusi$eness of )ud"ment and #ar #' prior )ud"ment.+=, onclusi$eness of )ud"ment #ars another action #ased on the same cause #' prior )ud"ment precludes another action #ased on the same issue.+B, onclusi$eness of )ud"ment #ars onl' the defendant from <uestionin" it #' prior )ud"ment #ars #oth plaintiff and defendant.+, onclusi$eness of )ud"ment #ars all matters directl' ad)ud"ed #ar #' pr )ud"ment precludes all matters that mi"ht ha$e #een ad)ud"ed.+!, onclusi$eness of )ud"ment precludes the filin" of an action to annul su )ud"ment #ar #' prior )ud"ment allows the filin" of such an action.

+F1, Which of the followin" matters is @ = CR@C/R 3B:/ of )udicial notice?+=, Cersons ha$e 7illed e$en without moti$e.+B, ;unicipal ordinances in the municipalities where the ; sits.+, eleconferencin" is now a wa' of conductin" #usiness transactions.+!, British law on succession personall' 7nown to the presidin" )ud"e.

+F2, he R of ;alolos5 Branch 15 issued a writ of eecution a"ainst Rene for Cmillion. he sheriff le$ied on a school #uildin" that appeared to #e owned #' Rene. ;ahowe$er5 filed a third part' claim with the sheriff5 despite which5 the latter scheduled eecution sale. ;arie then filed a separate action #efore the R of ;alolos5 Branchwhich issued a writ of preliminar' in)unction en)oinin" the sheriff from ta7in" possessand proceedin" with the sale of the le$ied propert'. !id Branch 2 correctl' act in issuthe in)unction?

+=, Hes5 since the rules allow the filin" of the independent suit to chec7 sheriffKs wron"ful act in le$'in" on a third part'Ks propert'.+B, Hes5 since Branch 25 li7e Branch 15 is part of the R of ;alolos.+, o5 #ecause the proper remed' is to see7 relief from the same court whrendered the )ud"ment.+!, o5 since it constitutes interference with the )ud"ment of a co-e<ual cowith concurrent )urisdiction.

+F%, What is the effect and ramification of an order allowin" new trial?+=, he courtKs decision shall #e held in suspension until the defendant coshow at the reopenin" of trial that it has to #e a#andoned.+B, he court shall maintain the part of its )ud"ment that is unaffected and $the rest.




+, he e$idence ta7en upon the former trial5 if material and competent5 shallremain in use.+!, he court shall $acate the )ud"ment as well as the entire proceedin"s had inthe case.

+F(, Which of the followin" is sufficient to disallow a will on the "round of mista7e?+=, =n error in the description of the land de$ised in the will.+B, he inclusion for distri#ution amon" the heirs of properties not #elon"in" tothe testator.+, he testator intended a donation inter$i$os #ut unwittin"l' eecuted a will.+!, =n error in the name of the person nominated as eecutor.

+F*, =s a rule5 the estate shall not #e distri#uted prior to the pa'ment of all char"es to theestate. What will )ustif' ad$ance distri#ution as an eception?

+=, he estate has sufficient residual assets and the distri#utees file sufficient #ond.+B, he specific propert' sou"ht to #e distri#uted mi"ht suffer in $alue.+, =n a"reement amon" the heirs re"ardin" such distri#ution.+!, he conformit' of the ma)orit' of the creditors to such distri#ution.

+F6, = part' a""rie$ed #' an interlocutor' order of the i$il 3er$ice ommission +3,filed a petition for certiorari and prohi#ition with the ourt of =ppeals. ;a' the ourt of =ppeals ta7e co"niDance of the petition?

+=, Hes5 pro$ided it raises #oth <uestions of facts and law.+B, o5 since the 3 hairman and ommissioners ha$e the ran7 of :ustices of the ourt of =ppeals.+, o5 since the 3 is a onstitutional ommission.+!, Hes5 since the ourt of =ppeals has )urisdiction o$er the petition concurrentwith the 3upreme ourt.

+FG, Which of the followin" is appeala#le?+=, =n order of default a"ainst the defendant.+B, he denial of a motion to dismiss #ased on improper $enue.+, he dismissal of an action with pre)udice.+!, he disallowance of an appeal.

+FF, Which of the followin" is @ R/QIR/! of a declaration a"ainst interest as aneception to the hearsa' rule?

+=, he declarant had no moti$e to falsif' and #elie$ed such declaration to #etrue.+B, he declarant is dead or una#le to testif'.+, he declaration relates to a fact a"ainst the interest of the declarant.+!, =t the time he made said declaration he was unaware that the same wascontrar' to his aforesaid interest.

+FE, o pro$e the identit' of the assailant in a crime of homicide5 a police officer testithat5 =nd'5 who did not testif' in court5 pointed a fin"er at the accused in a police lineIs the police officerKs testimon' re"ardin" =nd'8s identification of the accused admisse$idence?

+=, Hes5 since it is #ased on his personal 7nowled"e of =nd'Ks identificationthe accused.+B, Hes5 since it constitutes an independentl' rele$ant statement.+, o5 since the police had the accused identified without warnin" him of ri"hts.+!, o5 since the testimon' is hearsa'.

+E0, In which of the followin" cases is the testimon' in a case in$ol$in" a deceased #ar #' the 3ur$i$orship !is<ualification Rule or !ead ;an 3tatute?

+=, estimon' a"ainst the heirs of the deceased defendant who are su#stitutedthe latter.+B, he testimon' of a mere witness who is neither a part' to the case nor i pri$it' with the latter.+, he testimon' of an oppositor in a land re"istration case filed #' decedentKs heirs.+!, he testimon' is offered to pro$e a claim less than what is esta#lished undwritten document si"ned #' the decedent.

+E1, he prosecution mo$ed for the dischar"e of Rom' as state witness in a ro##er' cit filed a"ainst Noilo5 =mado5 and him. Rom' testified5 consistent with the swstatement that he "a$e the prosecution. =fter hearin" Rom'5 the court denied the motfor his dischar"e. &ow will denial affect Rom'?

+=, &is testimon' shall remain on record.+B, Rom' will #e prosecuted alon" with Noilo and =mado.+, &is lia#ilit'5 if an'5 will #e miti"ated.+!, he court can con$ict him #ased on his testimon'.

+E2, In proceedin"s for the settlement of the estate of deceased persons5 the court in whthe action is pendin" ma' properl'

+=, pass upon <uestion of ownership of a real propert' in the name of deceased #ut claimed #' a stran"er.+B, pass upon with the consent of all the heirs the issue of ownership of estasset5 contested #' an heir if no third person is affected.+, rule on a claim #' one of the heirs that an estate asset was held in trust for #' the deceased.+!, rescind a contract of lease entered into #' the deceased #efore death on "round of contractual #reach #' the lessee.

27 | P R d i l L B Q t i




+E%, Which of the followin" stipulations in a contract will supersede the $enue for actionsthat the rules of ci$il procedure fi?

+=, In case of liti"ation arisin" from this contract of sale5 the preferred $enue shall #e in the proper courts of ;a7ati.+B, 3hould the real owner succeed in reco$erin" his stolen car from #u'er A5 thelatter shall ha$e recourse under this contract to seller H eclusi$el' #efore the proper e#u it' court.+, 9enue in case of dispute #etween the parties to this contract shall solel' #e inthe proper courts of QueDon it'.+!, =n' dispute arisin" from this contract of sale ma' #e filed in ;a7ati or QueDon it'.

+E(, =llan was ridin" a passen"er )eepne' dri$en #' Ben that collided with a car dri$en #'esar5 causin" =llan in)ur'. ot 7nowin" who was at fault5 what is the #est that =llan cando?

+=, ile a tort action a"ainst esar.+B, =wait a )udicial findin" re"ardin" who was at fault.+, 3ue Ben for #reach of contract of carria"e.+!, 3ue #oth Ben and esar as alternati$e defendants.

+E*, = suret' compan'5 which pro$ided the #ail #ond for the release of the accused5 filed amotion to withdraw as suret' on the "round of the accusedKs non-pa'ment of the renewal premium. an the trial court "rant the withdrawal?

+=, o5 since the suret'Ks underta7in" is not annual #ut lasts up to )ud"ment.+B, Hes5 since suret' companies would fold up otherwise.+, o5 since the suret' compan' technicall' ta7es the place of the accused withrespect to court attendance.+!, Hes5 since the accused has #reached its a"reement with the suret' compan'.

+E6, o pro$e that 3usan sta##ed her hus#and /lmer5 Rico testified that he heard Leonrunnin" down the street5 shoutin" ecitedl'5 43inasa7sa7 daw ni 3usan an" asawa ni'a +Iheard that 3usan is sta##in" her hus#and,4 Is Leon8s statement as narrated #' Ricoadmissi#le?

+=, o5 since the startlin" e$ent had passed.+B, Hes5 as part of the res "estae.+, o5 since the ecited statement is itself hearsa'.+!, Hes5 as an independentl' rele$ant statement.

+EG, Which of the followin" @ R/ re"ardin" the doctrine of )udicial hierarch'?+=, It deri$es from a specific and mandator' pro$ision of su#stanti$e law.+B, he 3upreme ourt ma' disre"ard the doctrine in cases of national interestand matters of serious implications.

+, = hi"her court will not entertain direct recourse to it if redress can #e o#taiin the appropriate courts.+!, he reason for it is the need for hi"her courts to de$ote more time to mattwithin their eclusi$e )urisdiction.

+EF, Claintiff ;ann' said in his complaint> 4%. @n ;arch 15 2001 defendant L #orrowed C1 million from plaintiff ;ann' and made a promise to pa' the loan withinmonths.4 In her answer5 Lett' alle"ed> 4!efendant Lett' specificall' denies the alle"atiin para"raph % of the complaint that she #orrowed C1 million from plaintiff ;ann' ;arch 15 2001 and made a promise to pa' the loan within si months.4 Is Lett'Ks densufficient?

+=, Hes5 since it constitutes specific denial of the loan.+B, Hes5 since it constitutes positi$e denial of the eistence of the loan.+, o5 since it fails to set forth the matters defendant relied upon in supporher denial.+!, o5 since she fails to set out in par. 2 of her answer her special and affirmadefenses.

+EE, When ma' an information #e filed in court without the preliminar' in$esti"atre<uired in the particular case #ein" first conducted?

+=, ollowin" an in<uest5 in cases of those lawfull' arrested without a warrant+B, When the accused5 while under custodial in$esti"ation5 informs the arrestofficers that he is wai$in" his ri"ht to preliminar' in$esti"ation.+, When the accused fails to challen"e the $alidit' of the warrantless arrest atarrai"nment.+!, When the arrestin" officers ta7e the suspect #efore the )ud"e who issuedetention order a"ainst him.

+100, In a ci$il action in$ol$in" three separate causes of action5 the court rendesummar' )ud"ment on the first two causes of action and tried the third. =fter the periodappeal from the summar' )ud"ment epired5 the court issued a writ of eecutionenforce the same. Is the writ of eecution proper?

+=, o5 #ein" partial5 the summar' )ud"ment is interlocutor' and an' appeal frit still has to rec7on with the final )ud"ment.+B, Hes since5 assumin" the )ud"ment was not appeala#le5 the defendant shoha$e <uestioned it #' special ci$il action of certiorari.+, o5 since the rules do not allow a partial summar' )ud"ment.+!, o5 since special reason is re<uired for eecution pendin" rendition of a fidecision in the case.

20121. In settlement proceedin"s5 appeal ma' #e ta7en from an>

28 | P a g e R e m e d i a l L a w B a r Q u e s t i o n s




a. order appointin" a special administrator #. order appointin" an administratorc. order of an administrator to reco$er propert' of the estated. order to include or eclude propert' from the estate.

2. nder the Rules on the Writ of =mparo5 interim relief orders ma' #e issued #' theourt ecept>

a. production order #. witness protection orderc. hold departure orderd. temporar' protection order.

%. = narrati$e testimon' is usuall' o#)ected to #ut the court ma' allow suchtestimon' if>

a. it would epedite trial and "i$e the court a clearer understandin" of thematters related

#. the witness is of ad$anced a"ec. the testimon' relates to famil' "enealo"'d. the witness $olunteers information not sou"ht #' the eaminer.

(. In default of parents5 the court ma' appoint a "uardian for a minor "i$in" first preference to>

a. an older #rother or sister who is o$er 1F 'ears old. #. the actual custodian o$er 21 'ears old.c. a paternal "randparentd. an uncle or aunt o$er 21 'ears old.

*. In real actions5 the doc7et and filin" fees are #ased on>a. fair mar7et $alue of the propert'. #. assessed $alue of the propert'.c. 3IR Donal $alue of the propert'.d. fair mar7et $alue of the propert' and amount of dama"es claimed.

6. A filed a motion for Bill of Carticulars5 after #ein" ser$ed with summons and acop' of the complaint &owe$er5 A8s motion did not contain a notice of hearin".he court ma' therefore>

a. re<uire the cler7 of court to calendar the motion. #. motu proprio dismiss the motion for not compl'in" with Rule 1*.c. allow the parties the opportunit' to #e heard.d. return the motion to A8s counsel for amendment.

G. = wants to file a Cetition for Writ of &a#eas !ata a"ainst the =C in connectionwith threats to his life alle"edl' made #' =C intelli"ence officers. = needs copiesof =C hi"hl' classified intelli"ence reports collected #' 3"t. 3antos who is from=C. = can file his petition with>

a. R where =C is located #. R where 3"t. 3antos residesc. 3upreme ourtd. ourt of =ppeals.

F. W was arrested in the act of committin" a crime on @cto#er 15 2011. =fterin<uest hearin"5 an information was filed a"ainst W and his law'er learned ofsame on @cto#er *5 2011. W wants to file a motion for preliminar' in$esti"atand therefore he has onl' up to to file the same.

a. @cto#er 205 2011 #. @cto#er 105 2011c. o$em#er 1*5 2011d. @cto#er 165 2011.

E. Creliminar' Crohi#iti$e In)unction will not lie>a. to en)oin repeated trespass on land. #. in petitions for certiorari and mandamus.c. to restrain implementation of national "o$ernment infrastructure pro)ecd. to restrain $otin" of disputed shares of stoc7.

10. = defendant who fails to file a timel' =nswer or responsi$e pleadin" will notdeclared in default in>

a. pro#ate proceedin"s where the estate is $alued at C 1 005000 #. forci#le entr' casesc. collection case not eceedin" C 1005000d. $iolation of rental law.

11. he $alidit' of a search warrant is da's>a. 1* #. %0c. 60d. 120.

12. =n accused ma' mo$e for the suspension of his arrai"nment if>a. a motion for reconsideration is pendin" #efore the in$esti"a

prosecutor. #. accused is #onded and his #ondsman failed to notif' him of his schedu

arrai"nment.c. a pre)udicial <uestion eists.d. there is no a$aila#le pu#lic attorne'.

1%. C failed to appear at the promul"ation of )ud"ment without )ustifia#le cause. )ud"ment con$icted C for sli"ht ph'sical in)uries. :ud"ment ma' therefore promul"ated in the followin" manner>

a. B' the readin" of the )ud"ment in the presence of onl' the )ud"e.





#. B' the cler7 of court in the presence of C8s counsel.c. B' the cler7 of court in the presence of a representati$e of C.d. B' enterin" the )ud"ment into the criminal doc7et of the court.

1(. Bein" declared in default does not constitute a wai$er of all ri"hts. &owe$er5 thefollowin" ri"ht is considered wai$ed>

a. #e cited and called to testif' as a witness #. file a motion for new trialc. participate in deposition ta7in" of witnesses of ad$erse part'd. file a petition for certiorari

1*. =t arrai"nment5 A pleads not "uilt' to a Ro##er' char"e. =t the pretrial5 hechan"es his mind and a"rees to a plea #ar"ainin"5 with the conformit' of the prosecution and offended part'5 which down"raded the offense to theft. he ourtshould therefore>

a. render )ud"ment #ased on the chan"e of plea. #. allow the withdrawal of the earlier plea and arrai"n A for theft and render

)ud"ment.c. recei$e e$idence on the ci$il lia#ilit' and render )ud"ment.d. re<uire the prosecution to amend the information.

16. = criminal case should #e instituted and tried in the place where the offense or an' of the essential elements too7 place5 ecept in>

a. /stafa cases #. omple crimesc. ases co"niDa#le #' the 3andi"an#a'and. ourt martial cases.

1G. A was char"ed for murder and was issued a warrant of arrest. A remains at lar"e #ut wants to post #ail. A8s option is to>

a. file a motion to recall warrant of arrest #. surrender and file a #ail petitionc. file a motion for rein$esti"ationd. file a petition for re$iew with the @@:.

1F. he /ner"' Re"ulator' ommission +/R, promul"ates a decision increasin"electricit' rates #' %. O; appeals the decision #' wa' of petition for re$iew.he appeal will therefore>

a. sta' the eecution of /R decision. #. shall not sta' the /R decision unless the ourt of =ppeals directs

otherwise.c. sta' the eecution of the /R decision conditioned on O; postin" a

#ond.d. shall not sta' the /R decision.

1E. R decides an appeal from the ; in$ol$in" a simple collection case. decision consists of onl' one pa"e #ecause it adopted #' direct reference findin"s of fact and conclusions of law set forth in the ; decision. Whstatement is most accurate?

a. he R decision is $alid #ecause it was issued #' a court of compe )urisdiction.

#. he R decision is $alid #ecause it epedited the resolution of appeal.

c. he R decision is $alid #ecause it is a memorandum decisreco"niDed #' law.

d. he R decision is $alid #ecause it is practical and con$enient to )ud"e and the parties.

20. he filin" of a complaint with the Cunon" Baran"a' in$ol$in" cases co$eredthe Oatarun"an" Cam#aran"a' Rules shall>

a. not interrupt an' prescripti$e period. #. interrupt the prescripti$e period for E0 da's.c. interrupt the prescripti$e period for 60 da's.d. interrupt the prescripti$e period not eceedin" 60 da's.

21. In a declarator' relief action5 the court ma' refuse to eercise its power to decri"hts and construe instruments in what instanceJs?

a. When a decision would not terminate the contro$ers' which "a$e risthe action.

#. In an action to consolidate ownership under =rt. 160G of the i$il odc. o esta#lish le"itimate filiation and determine hereditar' ri"hts.d. +a, and +c, a#o$e

22. In election cases in$ol$in" an act or omission of an ; or R5 a certio petition shall #e filed with>

a. he ourt of =ppeals #. he 3upreme ourtc. he @;/L/d. he ourt of =ppeals or the @;/L/ #oth ha$in" concur

)urisdiction2%. = char"e for indirect contempt committed a"ainst an R )ud"e ma'

commenced throu"h>a. = written char"e re<uirin" respondent to show cause filed with the o

of =ppeals. #. =n order of the R :ud"e re<uirin" respondent to show cause in

same R.c. 9erified petition filed with another #ranch of the R.





d. 9erified petition filed with a court of hi"her or e<ual ran7 with the R.2(. he statute of 4non-claims4 re<uires that>

a. claims a"ainst the estate #e pu#lished #' the creditors. #. mone' claims #e filed with the cler7 of court within the time prescri#ed

#' the rules.c. claims of an eecutor or administrator a"ainst the estate #e filed with the

special administrator.d. within two +2, 'ears after settlement and distri#ution of the estate5 an heir

undul' depri$ed of participation in the estate ma' compel the re-settlement of the estate.

2*. = )udicial compromise has the effect of and is immediatel' eecutor'and is not appeala#le.

a . /stoppel #. onclusi$eness of )ud"mentc. Res :udicatad. 3tare decisis.

26. When a part' or counsel willfull' or deli#eratel' commits forum shoppin"5 theinitiator' pleadin" ma'>

a. #e cured #' amendment of the complaint. #. upon motion5 #e dismissed with pre)udice.c. #e summaril' dismissed with pre)udice as it ma' constitute direct

contempt.d. #e stric7en from the record.

2G. /<uit' of Redemption is the ri"ht of the mort"a"or to redeem the mort"a"ed propert' after default in the performance of the conditions of the mort"a"e5 #eforethe sale or the confirmation of sale in a+n,>

a. etra)udicial foreclosure of mort"a"e. #. )udicial foreclosure of mort"a"e.c. eecution sale.d. foreclosure #' a #an7.

2F. A and H5 #oth residents of B"'. II5 3ampaloc5 ;anila entered into a C 1005000loan a"reement. Because H defaulted5 A sued H for collection and the complainant pra'ed for issuance of preliminar' attachment. H mo$ed to dismiss the complaint #ecause there was no Baran"a' conciliation. he court should therefore>

a. dismiss A8s complaint for prematurit'. #. dismiss A8s complaint for lac7 of cause of action.c. den' H8s motion #ecause it is eempt from Baran"a' conciliation.d. den' H8s motion #ecause of the amount of the loan.

2E. A was shot #' H in the course of a ro##er'. @n the #rin7 of death5 A told W #aran"a' tanod5 that it was H who shot and held him up. In the trial for ro##with homicide5 A8s declaration can #e admitted onl' as a d'in" declaration>

a. to pro$e ro##er'. #. to pro$e homicide.c. to pro$e ro##er' and homicide.d. to pro$e the 4corpus delicti4.

%0. Which of the followin" is not a 3pecial Croceedin"?

a. =#sentees #. /scheatc. han"e of irst amed. onstitution of amil' &ome

%1. =tt'. A fails to ser$e personall' a cop' of his motion to =tt'. H #ecause the ofand residence of =tt'. H and the latter8s client chan"ed and no forwardaddresses were "i$en. =tt'. A8s remed' is to>

a. 3er$e #' re"istered mail #. 3er$e #' pu#licationc. !eli$er cop' of the motion to the cler7 of court with proof of failur

ser$ed. ertif' in the motion that personal ser$ice and throu"h mail

impossi#le.

%2. When cau"ht5 A readil' admitted to the orestr' Ran"er that he cut the trees. 3a statement ma' #e admitted and is not necessaril' hearsa' #ecause>

a. it is a )udicial admission of "uilt. #. it shows the statement was true.c. it will form part of the circumstantial e$idence to con$ict.d. it pro$es that such a statement was made.

%%. = complaint ma' #e dismissed #' the plaintiff #' filin" a notice of dismissal>a. =t an'time after ser$ice of the answer. #. =t an'time #efore a motion of summar' )ud"ment is filed.c. =t the pre-trial.d. Before the complaint is amended.

%(. In a criminal case for $iolation of a cit' ordinance5 the court ma' issue a warof arrest>

a. for failure of the accused to su#mit his counter-affida$it. #. after findin" pro#a#le cause a"ainst the accused.c. for failure of the accused to post #ail.d. for non-appearance in court whene$er re<uired.





%*. nder the Oatarun"an Cam#aran"a' rules5 the eecution of an amica#lesettlement or ar#itration award is started #' filin" a motion for eecution with theCunon" Baran"a'5 who ma' issue a notice of eecution in the name of the Lupona"apama'apa. /ecution itself5 howe$er5 will #e done #'>

a. a court-appointed sheriff. #. an' Baran"a' Oa"awad.c. Cunon" Baran"a'.d. an' mem#er of the Can"7at n" a"apa"sundo.

%6. If the )ud"ment de#tor dies after entr' of )ud"ment5 eecution of a mone' )ud"ment ma' #e done #'>

a. presentin" the )ud"ment as a claim for pa'ment a"ainst the estate in aspecial proceedin".

#. filin" a claim for the mone' )ud"ment with the special administrator of the estate of the de#tor.

c. filin" a claim for the mone' )ud"ment with the de#tor8s successor ininterest.

d. mo$e for su#stitution of the heirs of the de#tor and secure a writ of eecution.

%G. he !irector of the B=R launches an intensified campai"n a"ainst ille"alfishpen operators situated in La"una de Ba'. he ille"al fishpen operators file a3ection % +e,5 R.=. %01E +causin" undue in)ur' or #enefit, case a"ainst the B=R

!irector #efore the 3andi"an#a'an. he !irector8s #est remed' #efore3andi"an#a'an is>

a. file a ;otion to Quash #ased on lac7 of )urisdiction o$er the person. #. file a ;otion to Quash for non-ehaustion of administrati$e remedies.c. file a ;otion to !ismiss #ecause the complaint is a 3L=CC suit.d. mo$e for suspension of proceedin"s #ecause of a pre-)udicial <uestion.

%F. = complaint ma' #e refiled if dismissed on which of the followin" "rounds?a. unenforcea#le under the 3tatute of rauds #. Res :udicatac. Litis Cendenciad. Lac7 of )urisdiction.

%E. he followin" are accurate statements on )oinder of causes of action5 ecept>a. )oinder of actions a$oids multiplicit' of suits.

#. )oinder of actions ma' include special ci$il actions.c. )oinder of causes of action is permissi$e.d. the test of )urisdiction in case of mone' claims in a )oinder of causes of

act1on5 is the 4totalit' rule4.

(0. W5 a le"al researcher in the R of ;a7ati5 ser$ed summons on an amencomplaint on N at the latter8s house on a 3unda'. he ser$ice is in$alid #ecause

a. it was ser$ed on a 3unda'. #. the le"al researcher is not a 4proper court officer4.c. +a, and +#, a#o$ed. there is no need to ser$e summons on an amended complaint.

(1. =fter a plea of not "uilt' is entered5 the accused shall ha$e da's to prepfor trial.

a. 1* #. 10c. %0d. one of the a#o$e.

(2. he followin" motions re<uire a notice of hearin" ser$ed on the opposite paecept>

a. ;otion to 3et ase for Cre-trial #. ;otion to ta7e depositionc. ;otion to correct 3d. ;otion to postpone hearin".

(%. Which of the followin" statements is incorrect?a. = ;otion to Quash which is "ranted is a #ar to the prosecution for

same offense if the criminal action or lia#ilit' has #een etin"uished.

#. In the ourt of =ppeals5 the accused ma' file a motion for new trial #aonl' on newl' disco$ered e$idence.

c. = demurrer to e$idence ma' #e filed without lea$e of court in a crimcase.

d. one of the a#o$e.((. Which of the followin" is true?

a. 3ummons epires after * da's from issue. #. Writ of /ecution epires after 10 da's from issue.c. 3earch Warrant epires after 20 da's from issue.d. 3u#poena epires after %0 da's from issue.

(*. = person ma' #e char"ed with direct contempt of court when>a. = person re-enters a propert' he was pre$iousl' e)ected from. #. = person refuses to attend a hearin" after #ein" summoned thereto.

c. &e attempts to rescue a propert' in custodia le"is.d. 3he writes and su#mits a pleadin" containin" dero"ator'5 offensi$e

malicious statements.(6. nder the Rules of /lectronic /$idence5 4ephemeral electronic con$ersati

refers to the followin"5 ecept>




| g Q

a. tet messa"es #. telephone con$ersationsc. faed documentd. online chatroom sessions

(G. = pri$ate electronic document8s authenticit' ma' #e recei$ed in e$idence when itis pro$ed #'>

a. e$idence that it was electronicall' notariDed. #. e$idence that it was di"itall' si"ned #' the person who purportedl' si"ned

the same.c. e$idence that it contains electronic data messa"es.d. e$idence that a method or process was utiliDed to $erif' the same.

(F. =tt'. = drafts a pleadin" for his client F wherein B admits certain facts pre)udicialto his case. he pleadin" was ne$er filed #ut was si"ned #' =tt'. =. @pposin"counsel "ot hold of the pleadin" and presents the same in court. Which statementis the most accurate?

a. he pre)udicial statements are not admissi#le #ecause the unfileddocument is not considered a pleadin".

#. he pre)udicial statements are not admissi#le #ecause the client did notsi"n the pleadin".

c. he pre)udicial statements are not admissi#le #ecause these were notmade #' the client in open court.

d. he pre)udicial statements are not admissi#le #ecause these were madeoutside the proceedin"s.

(E. nder the Rules on /amination of a child witness5 a child witness is one>a. who is 1F 'ears of a"e or #elow at the time of testif'in". #. who is #elow 1F 'ears of a"e at the time of the incidentJcrime to #e

testified on.c. who is #elow 1F 'ears of a"e at the time of the "i$in" of testimon'.d. who is 1F 'ears of a"e in child a#use cases.

*0. In which of the followin" is Interpleader improper?a. in an action where defendants8 respecti$e claims are separate and distinct

from each other. #. in an action #' a #an7 where the purchaser of a cashier8s chec7 claims it

was lost and another person has presented it for pa'ment.

c. in an action #' a lessee who does not 7now where to pa' rentals due toconflictin" claims on the propert'.

d. in an action #' a sheriff a"ainst claimants who ha$e conflictin" claims toa propert' seiDed #' the sheriff in foreclosure of a chattel mort"a"e.

*1. he Carole /$idence Rule applies to>

a. su#se<uent a"reements placed on issue. #. written a"reements or contractual documents.c. )ud"ment on a compromise a"reement.d. will and testaments.

*2. C!/= a"ents conducted a search on a house a#andoned #' its owners in Queit'. he search5 in order to #e $alid5 must #e made in the presence of>

a. an' relati$e of the owner of the house. #. the !irector of the C!/= and a mem#er of the media.

c. the Baran"a' hairman and a Baran"a' anod.d. an' elected QueDon it' official.

*%. = )ud"e of an ; can hear and decide petitions for ha#eas corpusapplications for #ail where>

a. the 3upreme ourt authoriDes the ;. #. the )ud"e is the /ecuti$e :ud"e of the ;.c. the )ud"e of the R where the case is raffled has retired5 was dismis

or had died.d. in the a#sence of all the R :ud"es in the pro$ince or cit'.

*(. Croof of ser$ice of summons shall #e throu"h the followin"5 ecept >a. written return of the sheriff #. affida$it of the person ser$in" summonsc. affida$it of the printer of the pu#lication

d. written admission of the part' ser$ed.**. =s a mode of disco$er'5 the #est wa' to o#tain an admission from an' p

re"ardin" the "enuineness of an' material and rele$ant document is throu"h a>a. motion for production of documents. #. written interro"atories.c. re<uest for admission under Rule 26.d. re<uest for su#poena duces tecum.

*6. = )ud"ment 4non pro tunc4 is one which>a. dismisses a case without pre)udice to it #ein" re-filed. #. clarifies an am#i"uous )ud"ment or a )ud"ment which is difficul

compl' with.c. one intended to enter into the record the acts which alread' ha$e #

done5 #ut which do not appear in the records.

d. is a memorandum decision.*G. he 3andi"an#a'an can entertain a <uo warranto petition onl' in>

a. cases in$ol$in" pu#lic officers with salar' "rade 2G or hi"her. #. onl' in aid of its appellate )urisdiction.c. as a pro$isional remed'.




| g

d. cases in$ol$in" 4ill "otten wealth4.*F. he )ud"ment in a criminal case ma' #e promul"ated #' the followin"5 ecept #'>

a. a 3andi"an#a'an )ustice in cases in$ol$in" anti-"raft laws. #. a ler7 of ourt of the court which rendered )ud"ment.c. an /ecuti$e :ud"e of a it' ourt if the accused is detained in another

cit'.d. an' )ud"e of the court in which it was rendered.

*E. Lea$e of court is alwa's necessar' in>

a. a demurrer to e$idence in a ci$il case. #. a demurrer to e$idence in a criminal case.c. motion to amend a complaint.d. third part' complaint.

60. orrectl' complete the sentence> = lone witness ---a. is credi#le onl' if corro#orated. #. is ne$er credi#le.c. ma' #e #elie$ed e$en if not corro#orated.d. is alwa's credi#le.

61. = )ud"ment of con$iction in a criminal case #ecomes final when>a. accused orall' wai$ed his ri"ht to appeal. #. accused was tried in a#sentia and failed to appear at the promul"ation.c. accused files an application for pro#ation.

d. reclusion perpetua is imposed and the accused fails to appeal.62. =fter a hearin" on a ;otion to !ismiss5 the court ma' either dismiss the case or

den' the same or>a. defer resolution #ecause the "round relied upon 1s not indu#ita#le. #. order amendment of the pleadin"c. conduct a preliminar' hearin"d. one of the a#o$e.

6%. nder Rule *25 a 3econd ;otion for Reconsideration is a prohi#ited pleadin".&owe$er5 where ma' such ;otion #e allowed?

a. the 3andi"an#a'an #. the @ffice of the Cresidentc. the 3upreme ourtd. one of the a#o$e.

6(. he mort"a"e contract #etween A5 who resides in ;anila5 and H5 who resides in a"a5 co$erin" land in QueDon pro$ides that an' suit arisin" from the a"reementma' #e filed 4nowhere else #ut in a ;a7ati court4. H must thus sue onl' in>

a. ;a7ati #. ;a7ati andJor a"a

c. QueDon andJor ;a7atid. a"a.

6*. Immediatel' after the witness had #een sworn in to testif'5 without an' foroffer of his testimon'5 =tt'. = started as7in" <uestions on direct eaminationthe witness. he court ma' still consider his testimon' if>

a. the formal offer is done after the direct testimon'. #. the opposin" counsel did not o#)ect.c. the witness is an epert witness.

d. the opposin" counsel offered to stipulate on the testimon' "i$en.66. = pri$ate document ma' #e considered as e$idence when it is se<uentiall'>

a. mar7ed5 identified5 authenticated. #. identified5 mar7ed and offered in e$idence.c. mar7ed5 identified5 authenticated and offered in e$idence.d. mar7ed5 authenticated and offered in e$idence.

6G. he ourt of =ppeals cannot issue a temporar' restrainin" order in the followcases5 ecept>

a. #iddin" and awardin" of a pro)ect of the national "o$ernment. #. a"ainst an' freeDe order issued #' the =;L under the antimo

launderin" law.c. a"ainst infrastructure pro)ects li7e the 3L/A etension.d. a"ainst the !=R in the implementation of the =RL Law.

6F. hoose the most accurate phrase to complete the statement> ;andamus will liea. to compel a )ud"e to consolidate trial of two cases pendin" #e

different #ranches of the court. #. to compel a )ud"e to reduce his decision in writin".c. to direct a pro#ate court to appoint a particular person as re"u

administrator.d. to compel a )ud"e to "rant or den' an application for prelimin

in)unction.6E. = )ud"ment #' default can #e issued despite an =nswer #ein" filed in>

a. annulment of marria"e. #. le"al separation.c. cases where a part' willfull' fails to appear #efore the officer who i

ta7e his deposition.

d. declaration of nullit' of marria"e.G0. Which of the followin" statements is not accurate?

a. = plea of "uilt' later withdrawn is admissi#le 1n e$idence a"ainst accused who made the plea.




#. =n unaccepted offer of a plea of "uilt' to a lesser offense is inadmissi#lein e$idence a"ainst the accused.

c. =n offer to pa' or pa'ment of medical epenses arisin" from in)ur' is note$idence or proof of ci$ilJcriminal lia#ilit' for the In)ur'.

d. In ci$il cases5 an offer of compromise #' the accused is admissi#le as animplied admission of "uilt.

G1. nder the Rules on /$idence5 the followin" is a conclusi$e presumption andtherefore cannot #e contradicted #' e$idence.

a. = person intends the ordinar' conse<uences of his $oluntar' act. #. @fficial dut' has #een re"ularl' performed.c. = tenant cannot den' his landlord8s title durin" the tenanc' period.d. = writin" is trul' dated.

G2. esar5 a"e 165 a ha#itual offender5 was cau"ht in possession of .001 "rams of mari)uana. &e was char"ed for $iolation of 3ec. 16 of R.=. E16*5 heomprehensi$e !an"erous !ru"s Law. he court which has )urisdiction is>

a. the ; #. the Rc. 3pecial !ru"s ourtd. amil' ourt.

G%. = court can motu proprio dismiss a case on the followin" "rounds5 ecept >a. failure to prosecute

#. lac7 of )urisdiction o$er the partiesc. litis pendentiad. prescription.

G(. = person entitled to the estate of a deceased person escheated in fa$or of the 3tatehas>

a. * 'ears from date of )ud"ment to file a claim. #. 2 'ears from date of )ud"ment to file a claim.c. * 'ears from date of re"istration of the )ud"ment to file a claim.d. 2 'ears from date of re"istration of the )ud"ment to file a claim.

G*. he ;5 actin" as an /n$ironmental ourt5 has ori"inal and eclusi$e )urisdiction o$er the followin"5 ecept>

a. criminal offenses punisha#le under the hain 3aw =ct +R.=. E1G*, #. $iolation of the IC=3 Law +R.=. G*F6,

c. $iolation of the ;inin" Lawsd. $iolation of =nti-Collution Laws

G6. = special administrator ma' #e appointed #' a court when>a. the eecutor cannot post a #ond. #. the eecutor fails to render an account.

c. re"ular administrator has a claim a"ainst estate he represents.d. a ;otion for Reconsideration is filed with respect to a decis

disallowin" pro#ate of a will.GG. = defendant declared in default ma'5 after )ud"ment #ut #efore finalit'5 file a>

a. Cetition for Relief from :ud"ment #. Cetition for ertioraric. ;otion for Reconsiderationd. ;otion to 3et =side @rder of !efault.

GF. With lea$e of court5 a part' ma' amend his pleadin" if>a. there is 'et no responsi$e pleadin" ser$ed. #. the amendment is unsu#stantial.c. the amendment in$ol$es clerical errors of defect in the desi"nation o

part'.d. the amendment is to conform to the e$idence.

GE. When a ;otion to Quash search warrant is denied5 the #est remed' is>a. appeal the denial order. #. file a motion to suppress e$idence.c. file an in)unction suit.d. file a certiorari petition.

F0. = court ma' ta7e )udicial notice of>a. the witter account of Cresident =<uino.

#. a ommittee Report issued #' the on"ressional ommittee on LaRelations.

c. the effects of ta7in" aspirin e$er'da'.d. the ar#itral award issued #' International ourt of =r#itration.

F1. he case of R5 who is under detention5 was raffled to the R on ;arch 1. arrai"nment should #e set not later than>

a. ;arch ( #. ;arch 16c. ;arch %0d. ;arch 11.

F2. =fter the !@: 3ecretar' "ranted accused8s Cetition for Re$iew5 the prosecufiled a motion to withdraw the Information #efore the trial court. he )utherein denied the same. he trial prosecutor manifested #efore the )ud"e that

can no lon"er prosecute the case #ecause he is onl' an alter e"o of the !3ecretar' who ordered him to withdraw the Information. he case shotherefore #e prosecuted #'>

a. a !@: state prosecutor. #. pri$ate prosecutor5 if an'.




c. trial prosecutor of the pairin" court.d. the same trial prosecutor who manifested his ina#ilit' to prosecute the

case.F%. = decision or resolution of a di$ision of the 3upreme ourt when concurred in #'

mem#ers who actuall' too7 part in the deli#eration on the issues in a case and$oted thereon5 is a decision or resolution of the 3upreme ourt.

a . three +%, #. fi$e+3,

c . ei"ht +F,d. ten +10,.

F(. = and B adopted their nephew. he' filed an action for re$ocation of the adoptionon ;a' 15 1EEF on the "round that their nephew ne"lected them. Based on theRules of !omestic =doption5 the )ud"e must>

a. ad$ise = and B to )ust disinherit the nephew. #. disallow the re$ocation.c. refer the petition to the !3W!.d. "rant the petition after hearin".

F*. 3andi"an#a'an eercises concurrent )urisdiction with the 3upreme ourt and theourt of =ppeals o$er>

a. Cetitions for Writ of ertiorari and Crohi#ition #. Cetitions for Writ of &a#eas orpus

c. Cetitions for Quo Warrantod. Cetitions for Writ of =mparo and &a#eas orpus.

F6. 5 a con$ict5 was a#le to "et fa$ora#le results of a post-con$iction != testin"showin" that could not ha$e committed the crime. o "ain freedom5 ma'>

a. file a petition for Writ of &a#eas orpus #efore the court of ori"in. #. appl' for full pardon.c. file a ;otion to annul )ud"ment of con$iction on the "round of fraud.d. file a ;otion for new trial under Rule 121.

FG. A filed a complaint with the R throu"h =B5 a pri$ate letter forwardin"a"enc'. he date of filin" of the complaint shall #e>

a. the date stamped #' =B on the en$elope containin" the complaint. #. the date of receipt #' the ler7 of ourt.c. the date indicated #' the recei$in" cler7 of =B.

d. the date when the case is officiall' raffled.FF. =n o#)ection to an' interro"atories ma' #e presented within da's after ser$ice

thereof>a. 1* #. 10

c. *d. 20.

FE. he deposition of a witness5 whether or not a part'5 ma' #e used for an' purpif the ourt finds the followin" circumstances are attendant5 /A/C>

a. when the witness is dead. #. when the witness is incarcerated.c. when the witness is outside the Chilippines and a#sence is procured #'

part' offerin" deposition.

d. when the witness is FE 'ears old and #ed-ridden.E0. @ne of the eemptions to the "eneral rule that e$idence not formall' offered s

not #e considered is>a. in )ud"ment on the pleadin"s. #. e$idence in land re"istration proceedin"s.c. e$idence lostJdestro'ed due to force ma)eure after #ein" mar7

identified and descri#ed in the record.d. documentar' e$idence pro$in" a forei"n )ud"ment.

E1. In Cetition for ertiorari5 the ourt of =ppeals issues a Writ of CreliminIn)unction a"ainst the R restrainin" the latter from tr'in" a crucial case. ourt of =ppeals should therefore>

a. decide the main case within 60 da's. #. decide the certiorari petition within 6 months.

c. decide the main case or the petition within 60 da's.d. decide the main case or the petition within 6 months from issue of

preliminar' in)unction.E2. Witness = was eamined on direct eamination #' the prosecutor. he defe

counsel howe$er emplo'ed dilator' tactics and was a#le to secure numer postponements of =8s cross eamination. = suffered a stro7e and #ecaincapacitated. &is uncompleted testimon' ma' therefore #e>

a. ordered stric7en from the record. #. allowed to remain in the record.c. held in a#e'ance until he reco$ers.d. not #e "i$en an' pro#ati$e wei"ht.

E%. If the 3upreme ourt en #ane is e<uall' di$ided in opinion co$erin" an ori"action5 the case shall #e>

a. re-raffled to a di$ision. #. ori"inal action shall #e dismissed.c. he )ud"ment appealed from shall #e official.d. a"ain deli#erated upon.

E(. =n eample of a special )ud"ment is one which orders>




a. the defendant to deli$er and recon$e' personal propert' to the plaintiff. #. defendant to eecute a !eed of 3ale in fa$or of plaintiff.c. defendant to paint a mural for the plaintiff.d. !efendant to $acate the leased premises.

E*. =t the promul"ation of )ud"ment5 C5 who is #onded5 failed to appear without )ustifia#le cause. In order for C not to lose his remedies under the Rules5 he must>

a. within 1* da's from receipt of a cop' of the decision5 file a ;otion for Reconsideration.

#. within 1* da's from the promul"ation5 surrender to the court and file amotion for lea$e to a$ail of remedies.

c. notif' his #ondsman within 1* da's so that his #ail will not #econfiscated.

d. file a petition for certiorari.E6. A5 the desi"nated eecutor of a will5 files a petition for pro#ate of the same. A and

his counsel failed to appear without )ustifia#le cause at the hearin" on the presentation of e$idence and the court therefore dismissed5 motu proprio5 his petition for failure to prosecute. he effect of the dismissal is>

a. not an ad)udication upon the merits. #. the will can no lon"er #e pro#ated.c. it is a dismissal with pre)udice.d. a #ar to a su#se<uent action on the same cause.

EG. he Rule on 3mall laims is applica#le to>a. claims for unpaid rentals of C 1005000 or less5 with pra'er for e)ectment. #. enforcement of a #aran"a' amica#le settlement in$ol$in" a mone' claim

of C *05000 after one +1, 'ear from date of settlement.c. action for dama"es arisin" from a <uasi-delict amountin" to C 1005000.d. action to collect on a promissor' note amountin" to C 10*5000 where

plaintiff epressl' insists in reco$erin" onl' C 1 005000.EF. When directed #' the )ud"e5 a cler7 of court can recei$e e$idence addressed #'

the parties in>a. case where the )ud"e is on lea$e. #. small claims proceedin"s.c. cases where the parties a"ree in writin".d. land re"istration proceedin"s.

EE. = certificate a"ainst orum-3hoppin" is not re<uired in>a. petitions for pro#ate of will. #. application for search warrant.c. complaint-in-inter$ention.d. petition for Writ of Oali7asan.

100. =n accused8s custodial ri"hts5 e.".5 ri"ht to counsel and ri"ht to remsilent5 is a$aila#le>

a. at preliminar' in$esti"ation. #. at police line-up for identification purposes.c. at ultra-$iolet eamination to determine presence of ultra $iolet pow

on accused8s hands.d. at one-on-one confrontation with e'ewitness.

# $T&I$' FLL(S #

&A$) I$ *UR A$S(ER S&EET+T&ERE IS $ $EE) T RETUR$ T&IS QUESTI$$AIRE T T&E &E

(AT,&ER+

2-.2 BAR EXA/I$ATI

RE/E)IAL LA(

2F @cto#er 2012 10 =.;. -12 .

Set B

ESSA*0T*PE QUESTI

I$STRU,TI$S

he followin" <uestionnaire consists of ten +10, <uestions +num#ered I to A, containeI9/ +*, pa"es.Be"in 'our answer to each num#ered <uestion on a separate pa"e an answer to a su

<uestionJs under the same num#er ma' #e written continuousl' on the same pa"e succeedin" pa"es until completed.=nswer the <uestion directl' and concisel'. !o not repeat the <uestion. Write le"i#l'.&=! I H@R @/B@@O. &/R/ I3 @ //! @ R/R Q/3I@=IR/ @ &/ &/=! W=&/R.@@!LO /ARTI$ S+ VILLARA/A1

$hairperson%&'% Bar ()aminations $ommitteePLEASE ,&E, T&AT T&IS SET ,$TAI$S SIX 56 PA'ES I$,LU)I

T&IS PA'E6+

(AR$I$'7 $T FR SALE R U$AUT&RI8E) USE

RE/E)IAL LA(

I

a. =fter an information for rape was filed in the R5 the !@: 3ecretar'5 actin"the accused8s petition for re$iew5 re$ersed the in$esti"atin" prosecutor8s findin"




pro#a#le cause. pon order of the !@: 3ecretar'5 the trial prosecutor filed a;otion to Withdraw Information which the )ud"e "ranted. he order of the )ud"estated onl' the followin">

4Based on the re$iew #' the !@: 3ecretar' of the findin"s of thein$esti"atin" prosecutor durin" the preliminar' in$esti"ation5 the ourta"rees that there is no sufficient e$idence a"ainst the accused to sustainthe alle"ation in the information. he motion to withdraw Information is5therefore5 "ranted.4

If 'ou were the pri$ate prosecutor5 what should 'ou do? /plain. +*, #. = was char"ed with a non-#aila#le offense. =t the time when the warrant of arrest

was issued5 he was confined in the hospital and could not o#tain a $alid clearanceto lea$e the hospital. &e filed a petition for #ail sa'in" therein that he #econsidered as ha$in" placed himself under the )urisdiction of the court. ;a' thecourt entertain his petition? Wh' or wh' not? +*,

II

a. !iscuss the 4chain of custod'4 principle with respect to e$idence seiDed under R.=. E16* or the omprehensi$e !an"erous !ru"s =ct of 2002. +*,

#. What do 'ou understand a#out the 4precautionar' principle4 under the Rules of Crocedure for /n$ironmental ases? +*,

III

a. !istin"uish error of )urisdiction from error of )ud"ment. +*,

#. =5 a resident of QueDon it'5 wants to file an action a"ainst B5 a resident of Casa'5to compel the latter to eecute a !eed of 3ale co$erin" a lot situated in ;ari7inaand that transfer of title #e issued to him claimin" ownership of the land. Whereshould = file the case? /plain. +*,

IV

a. = #ou"ht a 9ol$o 3edan from =B ars for C *.0;. =B ars5 #efore deli$erin"to =5 had the car rust proofed and tinted #' AHN !etailin". When deli$ered to =5the car8s upholster' was found to #e dama"ed. =B ars and AHN !etailin" #othden' an' lia#ilit'. Who can = sue and on what cause+s, of action? /plain. +*,

#. ;r. 3heriff attempts to enforce a Writ of /ecution a"ainst A5 a tenant in acondominium unit5 who lost in an e)ectment case. A does not want to #ud"e andrefuses to lea$e. H5 the winnin" part'5 mo$es that A #e declared in contempt andafter hearin"5 the court held A "uilt' of indirect contempt. If 'ou were A8s law'er5

what would 'ou do? Wh'? +*,V

a. A was arrested5 en fla"rante5 for ro##in" a #an7. =fter an in$esti"ation5 he was #rou"ht #efore the office of the prosecutor for in<uest5 #ut unfortunatel' no

in<uest prosecutor was a$aila#le. ;a' the #an7 directl' file the complaint wthe proper court? If in the affirmati$e5 what document should #e filed? +*,

VI

= C!/= assetJinformant tipped the C!/= !irector 3ha#unot that a sha#u la#orator' woperatin" in a house at 3ta. ruD5 La"una5 rented #' two +2, hinese nationals5 &o Cia 3io Cao. C!/= !irector 3ha#unot wants to appl' for a search warrant5 #ut he is worrthat if he applies for a search warrant in an' La"una court5 their plan mi"ht lea7 out.

a. Where can he file an application for search warrant? +2,

#. What documents should he prepare in his application for search warrant? +2,c. !escri#e the procedure that should #e ta7en #' the )ud"e on the application. +2

3uppose the )ud"e issues the search warrant worded in this wa'>

C/@CL/ @ &/ C&ILICCI/3Claintiff

-$ersus-riminal ase o. 0for 9iolation of R.=. E16*

&o Cia and 3io Cao5=ccused.

- - - - - - - - - - - - - - - - - - - - - -@ =H C/=/ @I/R reetin"s>It appearin" to the satisfaction of the undersi"ned after eaminin" under oC!/= !irector sha#unot that there is pro#a#le cause to #elie$e that $iolations3ection 1F and 16 of R.=. E16* ha$e #een committed and that there are "ood sufficient reasons to #elie$e that &o Cia and 3io Cao ha$e in their possessioncontrol5 in a two +2, door apartment with an iron "ate located at :upiter 3t.5 3ruD5 La"una5 undetermined amount of 4sha#u4 and dru" manufacturimplements and paraphernalia which should #e seiDed and #rou"ht to undersi"ned5Hou are here#' commanded to ma7e an immediate search5 at an' time in the dor ni"ht5 of the premises a#o$e descri#ed and forthwith seiDe and ta7e possessof the a#o$ementioned personal propert'5 and #rin" said propert' to undersi"ned to #e dealt with as the law directs.Witness m' hand this 1st da' of ;arch5 2012.+si"ned,:ud"e AHN

d. iteJenumerate the defects5 if an'5 of the search warrant. +%,e. 3uppose the search warrant was ser$ed on ;arch 1*5 2012 and the search 'iel

the descri#ed contra#and and a case was filed a"ainst the accused in R5 3




ruD5 La"una and 'ou are the law'er of 3io Cao and &o Cia5 what will 'ou do?+%,

f. 3uppose an unlicensed armalite was found in plain $iew #' the searchers and thewarrant was ordered <uashed5 should the court order the return of the same to thehinese nationals?/plain 'our answer. +%,

VII

a. ounsel = o#)ected to a <uestion posed #' opposin" ounsel B on the "rounds

that it was hearsa' and it assumed a fact not 'et esta#lished. he )ud"e #an"ed his"a$el and ruled #' sa'in" 4@#)ection 3ustained4. an ounsel F as7 for areconsideration of the rulin"? Wh'? +*,

#. Claintiff files a re<uest for admission and ser$es the same on !efendant who fails5within the time prescri#ed #' the rules5 to answer the re<uest. 3uppose the re<uestfor admission as7ed for the admission of the entire material alle"ations stated inthe complaint5 what should plaintiff do? +*,

VIII

a. = sues B for collection of a sum of mone'. =lle"in" fraud in the contractin" of theloan5 = applies for preliminar' attachment with the court. he ourt issues the preliminar' attachment after = files a #ond. While summons on B was 'etunser$ed5 the sheriff attached B8s properties. =fterwards5 summons was dul'ser$ed on B. F mo$es to lift the attachment. Rule on this. +*,

#. !iscuss the three +%, 3ta"es of ourt !i$ersion in connection with =lternati$e!ispute Resolution. +*,

IX

a. A5 an undersecretar' of !/R5 was char"ed #efore the 3andi"an#a'an for mal$ersation of pu#lic funds alle"edl' committed when he was still the ;a'or of a town in RiDal. =fter arrai"nment5 the prosecution mo$ed that A #e pre$enti$el'suspended. A opposed the motion ar"uin" that he was now occup'in" a positiondifferent from that which the Information char"ed him and therefore5 there is nomore possi#ilit' that he can intimidate witnesses and hamper the prosecution.!ecide. 3uppose A files a ;otion to Quash challen"in" the $alidit' of theInformation and the 3andi"an#a'an denies the same5 will there still #e a need toconduct a pre-suspension hearin"? /plain. +*,

#. Briefl' discussJdifferentiate the followin" 7inds of =ttachment>

preliminar' attachment5 "arnishment5 le$' on eecution5 warrant of seiDure andwarrant of distraint and le$'. +*,

X

a. Where and how will 'ou appeal the followin">+1, =n order of eecution issued #' the R. +1,

+2, :ud"ment of R den'in" a petition for Writ of =mparo. +1,+%, :ud"ment of ; on a land re"istration case #ased on its dele"a )urisdiction. +1,+(, = decision of the ourt of a =ppeal8s irst !i$ision. +1,

#. = files a omplaint a"ainst F for reco$er' of title and possession of land situain ;a7ati with the R of Casi". B files a ;otion to !ismiss for improper $enhe R Casi" :ud"e denies B8s ;otion to !ismiss5 which o#$iousl' wincorrect. =lle"in" that the R :ud"e 4unlawfull' ne"lected the performanc

an act which the law specificall' en)oins as a dut' resultin" from an officefiles a Cetition for ;andamus a"ainst the )ud"e. Will ;andamus lie? Reaso+%,

c. What are the )urisdictional facts that must #e alle"ed in a petition for pro#ate will? &ow do 'ou #rin" #efore the court these )urisdictional facts? +%,

# $T&I$' FLL(S #

201%ESSA* QUESTI$S

I.=lfie Bra$o filed with the Re"ional rial ourt of aloocan5 a complaint for a summone' a"ainst harlie !elta. he claim is for Chp1.*;illion. he complaint alle"es tharlie #orrowed the amount from =lfie and dul' eecuted a promissor' note as e$ideof the loan. harlieKs office secretar'5 /sther5 recei$ed the summons at harlieKs office.

harlie failed to file an answer within the re<uired period5 and =lfie mo$ed to decharlie in default and to #e allowed to present e$idence e parte. en da's later5 hafiled his $erified answer5 raisin" the defense of full pa'ment with interest.

I+=, Was there proper and $alid ser$ice of summons on harlie? +%,I+B, If declared in default5 what can harlie do to o#tain relief? +(,

II.H$onne5 a 'oun" and lonel' @W5 had an intimate relationship a#road with a frieCerc'. =lthou"h H$onne comes home to ;anila e$er' si months5 her forei"n postin" left her hus#and !ario lonel' so that he also en"a"ed in his own etramarital acti$itiesone particularl' ehilaratin" session with his "irlfriend5 !ario died. Within 1F0 da's fr!arioKs death5 H$onne "i$es #irth in ;anila to a #a#' #o'. Irate relati$es of !contemplate criminall' char"in" H$onne for adulter' and the' hire 'our law firmhandle the case.

II+=, Is the contemplated criminal action a $ia#le option to #rin"? +%,II+B, Is a ci$il action to impu"n the paternit' of the #a#' #o' feasi#le5 and if in what proceedin" ma' such issue #e determined? +*,

III.




While in his issan Catrol and hurr'in" home to QueDon it' from his wor7 in ;a7ati5ar' fi"ured in a $ehicular mishap alon" that portion of /!3= within the it' of ;andalu'on". &e was #umped from #ehind #' a ord /pedition 39 dri$en #' &oracewho was o#ser$ed usin" his cellular phone at the time of the collision. Both $ehicles -more than * 'ears old S no lon"er carried insurance other than the compulsor' third part'lia#ilit' insurance. ar' suffered ph'sical in)uries while his issan Catrol sustaineddama"e in ecess of Chp*005000.

III+=, =s counsel for ar'5 descri#e the process 'ou need to underta7e startin"

from the point of the incident if ar' would proceed criminall' a"ainst &orace5and identif' the court with )urisdiction o$er the case. +%,III+B, If ar' chooses to file an independent ci$il action for dama"es5 eplain #riefl' this t'pe of action> its le"al #asis the different approaches in pursuin" thist'pe of action the e$idence 'ou would need and t'pes of defenses 'ou couldepect. +*,

I9.=t the Cu#lic =ttorne'8s @ffice station in a"ui" where 'ou are assi"ned5 'our wor7 re<uires 'ou to act as pu#lic defender at the local Re"ional rial ourt and to handle casesin$ol$in" indi"ents.

I9+=, In one criminal action for <ualified theft where 'ou are the defenseattorne'5 'ou learned that the woman accused has #een in detention for simonths5 'et she has not #een to a courtroom nor seen a )ud"e.

What remed' would 'ou underta7e to address the situation and what forum would'ou use to in$o7e this relief? +%,I9+B, In another case5 also for <ualified theft5 the detained 'oun" domestic helper has #een #rou"ht to court fi$e times in the last si months5 #ut the prosecution has'et to commence the presentation of its e$idence. Hou find that the reason for thisis the continued a#sence of the emplo'er-complainant who is wor7in" o$erseas.What remed' is appropriate and #efore which forum would 'ou in$o7e this relief?+%,I9+, 3till in another case5 this time for ille"al possession of dan"erous dru"s5 the prosecution has rested #ut 'ou saw from the records that the ille"al su#stancealle"edl' in$ol$ed has not #een identified #' an' of the prosecution witnesses nor has it #een the su#)ect of an' stipulation.3hould 'ou now proceed posthaste to the presentation of defense e$idence or

consider some other remed'? /plain the remedial steps 'ou propose tounderta7e. +%,I9+!, In one other case5 an indi"ent mother see7s assistance for her 1(-'ear oldson who has #een arrested and detained for malicious mischief.

Would an application for #ail #e the appropriate remed' or is there anotremed' a$aila#le? :ustif' 'our chosen remed' and outline the appropriate stepta7e. +%,

9.he spouses :uan reside in QueDon it'. With their lotter' winnin"s5 the' purchase parcel of land in a"a'ta' it' for C1005000.00. In a recent trip to their a"a'ta' propethe' were surprised to see hastil' assem#led shelters of li"ht materials occupied #' se$families of informal settlers who were not there when the' last $isited the propert' th

+%, months a"o.o rid the spousesK a"a'ta' propert' of these informal settlers5 #riefl' discuss the leremed' 'ou5 as their counsel5 would use the steps 'ou would ta7e the court where 'would file 'our remed' if the need arises and the reasonJs for 'our actions. +G,9I.While leisurel' wal7in" alon" the street near her house in ;ari7ina5 Catt' un7nowinstepped on a "arden tool left #ehind #' 5 a construction compan' #ased in ;a73he lost her #alance as a conse<uence and fell into an open manhole. ortunatel'5 Csuffered no ma)or in)uries ecept for contusions5 #ruises and scratches that did not re<uan' hospitaliDation. &owe$er5 she lost self-esteem5 suffered em#arrassment and ridicuand had #outs of aniet' and #ad dreams a#out the accident. 3he wants $indication foruncalled for eperience and hires 'ou to act as counsel for her and to do whate$ernecessar' to reco$er at least Chp1005000 for what she suffered.

What action or actions ma' Catt' pursue5 a"ainst whom5 where +court and $enue,5 under what le"al #asis? +G,9II.Hou are the defense counsel of =n"ela Bituin who has #een char"ed under R= %0+ =nti-raft and orrupt Cractices =ct , #efore the 3andi"an#a'an. While =n"ela posted #ail5 she has 'et to #e arrai"ned. =n"ela re$ealed to 'ou that she has not #in$esti"ated for an' offense and that it was onl' when police officers showed up at residence with a warrant of arrest that she learned of the pendin" case a"ainst her. 3wonders wh' she has #een char"ed #efore the 3andi"an#a'an when she is not"o$ernment ser$ice.

9II+=, What 4#efore-trial4 remed' would 'ou in$o7e in =n"elaKs #ehalfaddress the fact that she had not #een in$esti"ated at all5 and how would 'ou aof this remed'? +(,

9II+B, What 4durin"-trial4 remed' can 'ou use to allow an earl' e$aluation of prosecution e$idence without the need of presentin" defense e$idence when how can 'ou a$ail of this remed'? +(,

9III.




@n his wa' to the CC =cadem' in 3ilan"5 a$ite on #oard a pu#lic transport #us as a passen"er5 Colice Inspector ;asi"asi" of the 9alenDuela Colice witnessed an on-"oin"armed ro##er' while the #us was tra$ersin" ;a7ati. &is alertness and trainin" ena#ledhim to foil the ro##er' and to su#due the malefactor. &e disarmed the felon and whilefris7in" him5 disco$ered another hand"un tuc7ed in his waist. &e seiDed #oth hand"unsand the malefactor was later char"ed with the separate crimes of ro##er' and ille"al possession of firearm.

9III+=, Where should Colice Inspector ;asi"asi" #rin" the felon for criminal

processin"? o 3ilan"5 a$ite where he is #ound to ;a7ati where the #usactuall' was when the felonies too7 place or #ac7 to 9alenDuela where he isstationed? Which court has )urisdiction o$er the criminal cases? +%,9III+B, ;a' the char"es of ro##er' and ille"al possession of firearm #e fileddirectl' #' the in$esti"atin" prosecutor with the appropriate court without a preliminar' in$esti"ation? +(,

IA.or o$er a 'ear5 enita had #een estran"ed from her hus#and Walter #ecause of the latterKssuspicion that she was ha$in" an affair with 9ladimir5 a #aran"a' 7a"awad who li$ed innear#' ;andalu'on". enita li$ed in the meantime with her sister in ;a7ati. @ne da'5 thehouse of enitaKs sister ineplica#l' #urned almost to the "round. enita and her sister were cau"ht inside the house #ut enita sur$i$ed as she fled in time5 while her sister triedto sa$e #elon"in"s and was cau"ht inside when the house collapsed.

=s she was runnin" awa' from the #urnin" house5 enita was surprised to see her hus#and also runnin" awa' from the scene. !r. arlos5 WalterKs ps'chiatrist who li$ednear the #urned house and whom Walter medicall' consulted after the fire5 also sawWalter in the $icinit' some minutes #efore the fire. oincidentall'5 r. Clatino5 the parish priest who re"ularl' hears WalterKs confession and who heard it after the fire5 alsoencountered him not too far awa' from the #urned house.Walter was char"ed with arson and at his trial5 the prosecution mo$ed to introduce thetestimonies of enita5 the doctor and the priest-confessor5 who all saw Walter at the$icinit' of the fire at a#out the time of the fire.

IA+=, ;a' the testimon' of enita #e allowed o$er the o#)ection of Walter? +%,IA+B, ;a' the testimon' of !r. arlos5 WalterKs ps'chiatrist5 #e allowed o$er WalterKs o#)ection? +%,IA+, ;a' the testimon' of r. Clatino5 the priest-confessor5 #e allowed o$er

WalterKs o#)ection? +%,A.=s a new law'er5 =ttorne' o$ato limited his practice to small claims cases5 le"alcounselin" and the notariDation of documents. &e put up a solo practice law office andwas assisted #' his wife who ser$ed as his secretar'Jhelper. &e used a ma7eshift hut in a

$acant lot near the local courts and a local transport re"ulator' a"enc'. With this pracand location5 he did not ha$e #i"-time clients #ut en)o'ed hea$' patrona"e assistin" win clients.

A+=, What role can =ttorne' o$ato pla' in small claims cases when law'ersnot allowed to appear as counsel in these cases? +%,A+B, What le"al remed'5 if an'5 ma' =ttorne' o$ato pursue for a client wloses in a small claims case and #efore which tri#unal or court ma' this pursued? +(,

/ULTIPLE ,&I,E QUESTI$SI. In a complaint filed #' the plaintiff5 what is the effect of the defendantKs failure to fileanswer within the re"lementar' period? +1,

+=, he court is allowed to render )ud"ment motu proprio in fa$or of the plaint+B, he court motu proprio ma' declare the defendant in default5 #ut onl' adue notice to the defendant.+, he court ma' declare the defendant in default #ut onl' upon motion of plaintiff and with notice to the defendant.+!, he court ma' declare the defendant in default #ut onl' upon motion of plaintiff5 with notice to the defendant5 and upon presentation of proof of defendantKs failure to answer.+/, he a#o$e choices are all inaccurate.

II. Which of the followin" is admissi#le? +1,

+=, he affida$it of an affiant statin" that he witnessed the eecution of a deedsale #ut the affiant was not presented as a witness in the trial.+B, he etra )udicial admission made #' a conspirator a"ainst his co-conspirafter the conspirac' has ended.+, he testimon' of a part'Ks witness re"ardin" email messa"esthe witnrecei$ed from the opposin" part'.+!, he testimon' of a police officer that he had #een told #' his informants tthere were sachets of sha#u in the poc7et of the defendant.+/, one of the a#o$e.

III. Lea$e of court is re<uired to amend a complaint or information #efore arrai"nmenthe amendment . +1,

+=, up"rades the nature of the offense from a lower to a hi"her offense ecludes an' of the accused

+B, up"rades the nature of the offense from a lower to a hi"her offense and adanother accused+, down"rades the nature of the offense from a hi"her to a lower offenseecludes an' accused




+!, down"rades the nature of the offense from a hi"her to a lower offense andadds another accused+/, =ll the a#o$e choices are inaccurate.

I9. = 3mall laims ourt . +1,+=, has )urisdiction o$er e)ectment actions+B, has limited )urisdiction o$er e)ectment actions+, does not ha$e an' )urisdiction o$er e)ectment actions+!, does not ha$e ori"inal5 #ut has concurrent5 )urisdiction o$er e)ectment actions

+/, has onl' residual )urisdiction o$er e)ectment actions9. haracter e$idence is admissi#le . +1,

+=, in criminal cases S the accused ma' pro$e his "ood moral character if pertinent to the moral trait in$ol$ed in the offense char"ed+B, in criminal cases S the prosecution ma' pro$e the #ad moral character of theaccused to pro$e his criminal predisposition+, in criminal cases under certain situations5 #ut not to pro$e the #ad moralcharacter of the offended part'+!, when it is e$idence of the "ood character of a witness e$en prior to hisimpeachment as witness+/, In none of the "i$en situations a#o$e.

9I. When the court renders )ud"ment in a )udicial foreclosure proceedin"5 when is themort"a"ed propert' sold at pu#lic auction to satisf' the )ud"ment? +1,

+=, =fter the decision has #ecome final and eecutor'.+B, =t an' time after the failure of the defendant to pa' the )ud"ment amount.+, =fter the failure of the defendant to pa' the )ud"ment amount within the period fied in the decision5 which shall not #e less than ninet' +E0, nor more thanone hundred twent' +120, da's from entr' of )ud"ment.+!, he mort"a"ed propert' is ne$er sold at pu#lic auction.+/, he mort"a"ed propert' ma' #e sold #ut not in an' of the situations outlineda#o$e.

9II. he si"nature of counsel in the pleadin" constitutes a certification that .+1,

+=, #oth client and counsel ha$e read the pleadin"5 that to the #est of their 7nowled"e5 information and #elief there are "ood "rounds to support it5 and that itis not interposed for dela'

+B, the client has read the pleadin"5 that to the #est of the clientKs 7nowled"e5information and #elief5 there are "ood "rounds to support it5 and that it is notinterposed for dela'

+, the counsel has read the pleadin"5 that to the #est of the clientKs 7nowledinformation and #elief5 there are "ood "rounds to support it5 and that it is interposed for dela'+!, the counsel has read the pleadin"5 that #ased on his personal informatithere are "ood "rounds to support it5 and that it is not interposed for dela'+/, he a#o$e choices are not totall' accurate.

9III. Which amon" the followin" is a re<uisite #efore an accused ma' #e dischar"ed #ecome a state witness? +1,

+=, he testimon' of the accused sou"ht to #e dischar"ed can #e su#stantiacorro#orated on all points.+B, he accused does not appear to #e "uilt'.+, here is a#solute necessit' for the testimon' of the accused whose dischais re<uested.+!, he accused has not at an' time #een con$icted of an' offense.+/, one of the a#o$e.

IA. Which of the followin" distin"uishes a motion to <uash from a demurrer to e$iden+1,

+=, = motion to <uash a complaint or information is T led #efore the prosecutrests its case.+B, = motion to <uash ma' #e T led with or without lea$e of court5 at discretion of the accused.

+, When a motion to <uash is "ranted5 a dismissal of the case will not necessafollow.+!, he "rounds for a motion to <uash are also "rounds for a demurrere$idence.+/, he a#o$e choices are all wron".

A. Which amon" the followin" is not su#)ect to mediation for )udicial dispute resoluti+1,

+=, he ci$il aspect of B.C. Bl". 22 cases.+B, he ci$il aspect of theft penaliDed under =rticle %0F of the Re$ised Ceode.+, he ci$il aspect of ro##er'.+!, ases co"niDa#le #' the Lupon" a"apama'apa under the Oatarun"Cam#aran"a' Law.

+/, one of the a#o$e.AI. What is the effect of the pendenc' of a special ci$il action under Rule6* of the Ruof ourt on the principal case #efore the lower court? +1,

+=, It alwa's interrupts the course of the principal case.




+B, It interrupts the course of the principal case onl' if the hi"her court issues atemporar' restrainin" order or a writ of preliminar' in)unction a"ainst the lower court.+, he lower court )ud"e is "i$en the discretion to continue with the principalcase.+!, he lower court )ud"e will continue with the principal case if he #elie$es thatthe special ci$il action was meant to dela' proceedin"s.+/, !ue respect to the hi"her court demands that the lower court )ud"e

temporaril' suspend the principal case.AII. indin"s of fact are "enerall' not distur#ed #' the appellate court ecept in cases . +1,

+=, where the issue is the credi#ilit' of the witness+B, where the )ud"e who heard the case is not the same )ud"e who penned thedecision+, where the )ud"e heard se$eral witnesses who "a$e conflictin" testimonies+!, where there are su#stantiall' o$erloo7ed facts and circumstances that5 if properl' considered5 mi"ht affect the result of the case+/, one of the a#o$e.

AIII. ontempt char"es made #efore persons5 entities5 #odies and a"encies eercisin"<uasi-)udicial functions a"ainst the parties char"ed5 shall #e filed with the Re"ional rialourt of the place where the . +1,

+=, person5 entit' or a"enc' eercisin" <uasi-)udicial function is located+B, person who committed the contemptuous act resides+, act of contempt was committed+!, part' initiatin" the contempt proceedin" resides+/, char"in" entit' or a"enc' elects to initiate the action

AI9. When ma' a part' T le a second motion for reconsideration of a final )ud"ment or final order? +1,

+=, =t an'time within 1* da's from notice of denial of the first motion for reconsideration.+B, @nl' in the presence of etraordinaril' persuasi$e reasons and onl' after o#tainin" epress lea$e from the rulin" court.+, = part' is not allowed to T le a second motion for reconsideration of a final )ud"ment or final order.

+!, = part' is allowed as a matter of ri"ht to T le a second motion for reconsideration of a )ud"ment or final order.+/, one of the a#o$e.

A9. In an ori"inal action for certiorari5 prohi#ition5 mandamus5 or <uo warranto 5 whendoes the ourt of =ppeals ac<uire )urisdiction o$er the person of the respondent? +1,

+=, pon the ser$ice on the respondent of the petition for certiorari5 prohi#itimandamus or <uo warranto5 and his $oluntar' su#mission to the )urisdiction ofourt of =ppeals.+B, pon ser$ice on the respondent of the summons from the ourt of =ppeals+, pon the ser$ice on the respondent of the order or resolution of the our=ppeals indicatin" its initial action on the petition.+!, B' respondentKs $oluntar' su#mission to the )urisdiction of the our=ppeals.

+/, nder an' of the a#o$e modes.A9I. /tra-territorial ser$ice of summons is proper in the followin" instances5 ec . +1,

+=, when the non-resident defendant is to #e ecluded from an' interest o propert' located in the Chilippines+B, when the action a"ainst the non-resident defendant affects the personal staof the plaintiff and the defendant is temporaril' outside the Chilippines+, when the action is a"ainst a non-resident defendant who is formerlChilippine resident and the action affects the personal status of the plaintiff +!, when the action a"ainst the non-resident defendant relates to propert' witthe Chilippines in which the defendant has a claim or lien+/, =ll of the a#o$e.

A9II. When is attachment improper in criminal cases? +1,

+=, When the accused is a#out to a#scond from the Chilippines.+B, When the criminal action is #ased on a claim for mone' or propem#eDDled or fraudulentl' misapplied or con$erted to the use of the accused wis a #ro7er5 in the course of his emplo'ment as such.+, When the accused is a#out to conceal5 remo$e5 or dispose of his propert'.+!, When the accused resides outside the )urisdiction of the trial court.

A9III. ;aria was accused of li#el. While ;aria was on the witness stand5 the prosecutas7ed her to write her name and to si"n on a piece of paper5 apparentl' to pro$e that sauthored the li#elous material. ;aria o#)ected as writin" and si"nin" her name wo$iolate her ri"ht a"ainst self-incrimination. Was ;ariaKs o#)ection proper? +1,

+=, o5 she can #e cross eamined )ust li7e an' other witness and her samsi"nature ma' #e ta7en to $erif' her alle"ed authorship of the li#elous statemen+B, o5 her ri"ht a"ainst self-incrimination is wai$ed as soon as she #ecam

witness.+, o5 this pri$ile"e ma' #e in$o7ed onl' #' an ordinar' witness and not #'accused when she opts to ta7e the witness stand.+!, he o#)ection was improper under all of =5 B5 and .




+/, he o#)ection was proper as the ri"ht to self-incrimination is a fundamentalri"ht that affects li#ert' and is not wai$ed simpl' #ecause the accused is on thewitness stand.

AIA. !ann' filed a complaint for dama"es a"ainst Ceter. In the course of the trial5 Ceter introduced e$idence on a matter not raised in the pleadin"s. !ann' promptl' o#)ected onthe "round that the e$idence relates to a matter not in issue. &ow should the court rule onthe o#)ection? +1,

+=, he court must sustain the o#)ection.

+B, he court must o$errule the o#)ection.+, he court5 in its discretion5 ma' allow amendment of the pleadin" if doin" sowould ser$e the ends of su#stantial )ustice.+!, he court5 in its discretion5 ma' order that the alle"ation in the pleadin"swhich do not conform to the e$idence presented #e stric7en out.+/, he matter is su#)ect to the complete discretion of the court.

AA. he La#or =r#iter5 rulin" on a purel' le"al <uestion5 ordered a wor7erKs reinstatementand this rulin" was affirmed on appeal #' the LR whose decision5 under the La#or ode5 is final. he compan'Ks recourse under the circumstances is to . +1,

+=, file a motion for reconsideration and if denied5 file a petition for re$iew withthe ourt of =ppeals on the pure le"al <uestion the case presents.+B, file a motion for reconsideration and if denied5 appeal to the 3ecretar' of La#or since a la#or polic' issue is in$ol$ed.

+, file a motion for reconsideration and if denied5 file a petition for certiorariwith the ourt of =ppeals on the "round of "ra$e a#use of discretion #' the LR.+!, file a motion for reconsideration and if denied5 file a petition for re$iew oncertiorari with the 3upreme ourt since a pure <uestion of law is in$ol$ed.+/, directl' file a petition for certiorari with the ourt of =ppeals since a motionfor reconsideration would ser$e no purpose when a pure <uestion of law isin$ol$ed.

- 0 S 0 S 0 S

201(I.Ludon"5 Balaton"5 and La#on" were char"ed with murder. =fter trial5 the court announced

that the case was considered su#mitted for decision. 3u#se<uentl'5 the ler7 of ourtissued the notices of promul"ation of )ud"ment which were dul' recei$ed. @n promul"ation da'5 Ludon" and his law'er appeared. he law'ers of Balaton" and La#on"appeared #ut without their clients and failed to satisfactoril' eplain their a#sence when<ueried #' the court. hus5 the )ud"e ordered the ler7 of ourt to proceed with the

readin" of the )ud"ment con$ictin" all the accused. With respect to Balaton" and La#othe )ud"e ordered that the )ud"ment #e entered in the criminal doc7et and copiesfurnished their law'ers. he law'ers of Ludon"5 Balaton"5 and La#on" filed within re"lementar' period a :oint ;otion for Reconsideration. he court fa$ora#l' "rantedmotion of Ludon" down"radin" his con$iction from murder to homicide #ut denied motion as re"ards Balaton" and La#on". +(,+=, Was the court correct in ta7in" co"niDance of the :oint ;otion for Reconsideration?+B, an Balaton" and La#on" appeal their con$iction in case Ludon" accepts

con$iction for homicide?II.;c:oll' is a trou#le-ma7er of sorts5 alwa's "ettin" into #rushes with the law. In oincident5 he dro$e his &um$ee rec7lessl'5 hittin" a pedica# which sent its dri$er passen"ers in different directions. he pedica# dri$er died5 while two +2, of the passensuffered sli"ht ph'sical in)uries. wo +2, Informations were then filed a"ainst ;c:o@ne5 for Rec7less Imprudence Resultin" in &omicide and !ama"e to Cropert'5 and twfor Rec7less Imprudence Resultin" in 3li"ht Ch'sical In)uries. he latter case wscheduled for arrai"nment earlier5 on which occasion ;c:oll' immediatel' pleaded "u&e was meted out the penalt' of pu#lic censure. = month later5 the case for rec7limprudence resultin" in homicide was also set for arrai"nment. Instead of plead;c:oll' interposed the defense of dou#le )eopard'. Resol$e. +(,III.

While passin" #' a dar7 uninha#ited part of their #aran"a'5 C@2 =sintado o#sershadows and heard screams from a distance. C@2 =sintado hid himself #ehind the #usand saw a man #eatin" a woman whom he reco"niDed as his nei"h#or5 Oulasa. WhOulasa was alread' in a"on'5 the man sta##ed her and she fell on the "round. he mhurriedl' left thereafter.C@2 =sintado immediatel' went to OulasaKs rescue. Oulasa5 who was then in a stateh'steria5 7ept mentionin" to C@2 =sintado U3i Rene5 "usto a7on" pata'in 3ina7sa7 na7oV When C@2 =sintado was a#out to carr' her5 Oulasa refused and said UOa'a ;a#a#aw lan" to. &a#ulin mo si Rene.Vhe followin" da'5 Rene learned of OulasaKs death and5 #othered #' his consciensurrendered to the authorities with his counsel. =s his surrender was #roadcasted all omedia5 Rene opted to release his statement to the press which "oes> UI #elie$e that Ientitled to the presumption of innocence until m' "uilt is pro$en #e'ond reasona#le dou

=lthou"h I admit that I performed acts that ma' ta7e oneKs life awa'5 I hope and pra' )ustice will #e ser$ed the ri"ht wa'. od #less us all. +3"d., ReneV he trial court con$icted Rene of homicide on the #asis of C@2 =sintadoKs testimoOulasaKs statements5 and ReneKs statement to the press. @n appeal5 Rene raises followin" errors>




1. he trial court erred in "i$in" wei"ht to C@2 =sintadoKs testimon'5 as the latter did notha$e an' personal 7nowled"e of the facts in issue5 and $iolated ReneKs ri"ht to due process when it considered OulasaKs statements despite lac7 of opportunit' for her cross-eamination.2. he trial court erred in holdin" that ReneKs statement to the press was a confessionwhich5 standin" alone5 would #e sufficient to warrant con$iction.Resol$e. +(,I9.

=n order of the court re<uirin" a retroacti$e re-datin" of an order5 )ud"ment or documentfilin" #e entered or recorded in a )ud"ment is> +1,+=, pro hac $ice+B, non pro tunc+, confession relicta $erificatione+!, nolle prose<ui9.Landlord5 a resident of QueDon it'5 entered into a lease contract with enant5 a residentof ;ari7ina it'5 o$er a residential house in Las Cias it'. he lease contract pro$ided5amon" others5 for a monthl' rental of C2*5000.005 plus ten percent +10, interest rate incase of non-pa'ment on its due date. 3u#se<uentl'5 Landlord mi"rated to the nited 3tatesof =merica +3=, #ut "ranted in fa$or of his sister ;aria5 a special power of attorne' tomana"e the propert' and file and defend suits o$er the propert' rented out to enant.

enant failed to pa' the rentals due for fi$e +*, months.;aria as7s 'our le"al ad$ice on how she can epeditiousl' collect from enant the unpaidrentals plus interests due. +6,+=, What )udicial remed' would 'ou recommend to ;aria?+B, Where is the proper $enue of the )udicial remed' which 'ou recommended?+, If ;aria insists on filin" an e)ectment suit a"ainst enant5 when do 'ou rec7on the one+1,-'ear period within which to file the action?9I.=s a rule5 courts ma' not "rant an application for pro$isional remed' without compl'in"with the re<uirements of notice and hearin". hese re<uirements5 howe$er5 ma' #edispensed with in an application for> +1,+=, writ of preliminar' in)unction+B, writ for preliminar' attachment

+, an order "rantin" support pendente lite+!, a writ of reple$in9II.o Baton"5 a aipan5 filed a ci$il action for dama"es with the Re"ional rial ourt +R,of Caraa<ue it' a"ainst :ose Cendu7o5 a news reporter of the Chilippine imes5 a

newspaper of "eneral circulation printed and pu#lished in Caraa<ue it'. he complalle"ed5 amon" others5 that :ose Cendu7o wrote malicious and defamator' imputatia"ainst o Baton" that o Baton"Ks #usiness address is in ;a7ati it' and that li#elous article was first printed and pu#lished in Caraa<ue it'. he complaint prathat :ose Cendu7o #e held lia#le to pa' C2005000.005 as moral dama"es C1*05000.00eemplar' dama"es and C*05000.005 as attorne'Ks fees.:ose Cendu7o filed a ;otion to !ismiss on the followin" "rounds>1. he R is without )urisdiction #ecause under the otalit' Rule5 the claim for dama

in the amount of C%*05000.00 fall within the eclusi$e ori"inal )urisdiction of ;etropolitan rial ourt +;e, of Caraa<ue it'.2. he $enue is improperl' laid #ecause what the complaint alle"ed is o Baton #usiness address and not his residence address.=re the "rounds in$o7ed in the ;otion to !ismiss proper? +(,9III.:ohnn'5 a naturaliDed citiDen of the nited 3tates of =merica +3=, #ut formerlilipino citiDen5 eecuted a notarial will in accordance with the laws of the 3tatealifornia5 3=. :ohnn'5 at the time of his death5 was sur$i$ed #' his niece =nastacia=merican citiDen residin" at the condominium unit of :ohnn' located at ort Bonifaca"ui" it' a 'oun"er #rother5 Bartolome5 who mana"es :ohnn'Ks fish pond in Lin"a'Can"asinan and a 'oun"er sister5 hristina5 who mana"es :ohnn'Ks rental condominiunits in ;a7ati it'. :ohnn'Ks entire estate which he inherited from his parents is $alued

C200 million. :ohnn' appointed =nastacia as eecutri of his will. +(,+=, an :ohnn'Ks notarial will #e pro#ated #efore the proper court in the Chilippines?+B, Is =nastacia <ualified to #e the eecutri of :ohnn'Ks notarial will?IA.Ba'ani5 an o$erseas wor7er #ased in !u#ai5 issued in fa$or of ="ente5 a special poweattorne' to sell his house and lot. ="ente was a#le to sell the propert' #ut failed to rethe proceeds to Ba'ani5 as a"reed upon. @n his return to the Chilippines5 Ba'ani5 #' wof a demand letter dul' recei$ed #' ="ente5 sou"ht to reco$er the amount due him. ="efailed to return the amount as he had used it for the construction of his own house.hus5 Ba'ani filed an action a"ainst ="ente for sum of mone' with dama"es. Ba'su#se<uentl' filed an e-parte motion for the issuance of a writ of preliminar' attachmdul' supported #' an affida$it. he court "ranted the e-parte motion and issued a wri preliminar' attachment upon Ba'aniKs postin" of the re<uired #ond. Ba'ani pra'ed t

the courtKs sheriff #e deputiDed to ser$e and implement the writ of attachment. o$em#er 1E5 201%5 the 3heriff ser$ed upon ="ente the writ of attachment and le$iedthe latterKs house and lot. @n o$em#er 205 201%5 the 3heriff ser$ed on ="ente summand a cop' of the complaint. @n o$em#er 225 201%5




="ente filed an =nswer with ;otion to !ischar"e the Writ of =ttachment alle"in" that atthe time the writ of preliminar' attachment was issued5 he has not #een ser$ed withsummons and5 therefore5 it was improperl' issued. +(,+=, Is ="ente correct?+B, Was the writ of preliminar' attachment properl' eecuted?A.Crince hon" entered into a lease contract with Oin" Oon" o$er a commercial #uildin"where the former conducted his hardware #usiness. he lease contract stipulated5 amon"

others5 a monthl' rental of C*05000.00 for a four +(,-'ear period commencin" on :anuar'15 2010. @n :anuar' 15 201%5 Crince hon" died. Oin Il hon" was appointedadministrator of the estate of Crince hon"5 #ut the former failed to pa' the rentals for themonths of :anuar' to :une 201% despite Oin" Oon"Ks written demands.hus5 on :ul' 15 201%5 Oin" Oon" filed with the Re"ional rial ourt +R, an action for rescission of contract with dama"es and pa'ment of accrued rentals as of :une %05 201%.+(,+=, an Oin Il hon" mo$e to dismiss the complaint on the "round that the R iswithout )urisdiction since the amount claimed is onl' C%005000.00?+B, If the rentals accrued durin" the lifetime of Crince hon"5 and Oin" Oon" also filedthe complaint for sum of mone' durin" that time5 will the action #e dismissi#le uponCrince hon"Ks death durin" the pendenc' of the case?AI.

= search warrant was issued for the purpose of loo7in" for unlicensed firearms in thehouse of =ss-asin5 a notorious "un for hire. When the police ser$ed the warrant5 the' alsosou"ht the assistance of #aran"a' tanods who were assi"ned to loo7 at other portions of the premises around the house. In a nipa hut thirt' +%0, meters awa' from the house of =ss-asin5 a #aran"a' tanod came upon a 7ilo of mari)uana that was wrapped in newsprint.&e too7 it and this was later used #' the authorities to char"e =ss-asin with ille"al possession of mari)uana. =ss-asin o#)ected to the introduction of such e$idence claimin"that it was ille"all' seiDed. Is the o#)ection of =ssasin $alid? +(,AII.;ar' :ane met 3hiela ;a' at the recruitment a"enc' where the' #oth applied for o$erseasemplo'ment. he' echan"ed pleasantries5 includin" details of their personalcircumstances. ortunatel'5 ;ar' :ane was deplo'ed to wor7 as front des7 receptionist ata hotel in =#u !ha#i where she met 3ultan =hmed who proposed marria"e5 to which she

readil' accepted. nfortunatel' for 3hiela ;a'5 she was not deplo'ed to wor7 a#road5 andthis made her en$ious of ;ar' :ane. ;ar' :ane returned to the Chilippines to prepare for her weddin". 3he secured from the ational 3tatistics @ffice +3@, a ertificate of o;arria"e. It turned out from the 3@ records that ;ar' :ane had pre$iousl' contractedmarria"e with :ohn 3tarr5 a British citiDen5 which she ne$er did. he purported marria"e

#etween ;ar' :ane and :ohn 3tarr contained all the re<uired pertinent details on ;:ane. ;ar' :ane later on learned that 3hiela ;a' is the #est friend of :ohn 3tarr. =s a law'er5 ;ar' :ane see7s 'our ad$ice on her predicament. What le"al remed' will 'ou a$ail to ena#le ;ar' :ane to contract marria"e with 3ul=hmed? +(,AIII. = forei"n do" trained to sniff dan"erous dru"s from pac7a"es5 was hired #' orporation5 a door to door forwarder compan'5 to sniff pac7a"es in their depot at

international airport. In one of the routinar' inspections of pac7a"es waitin" to #e senthe nited 3tates of =merica +3=,5 the do" sat #eside one of the pac7a"es5 a si"nal tthe pac7a"e contained dan"erous dru"s. hereafter5 the "uards opened the pac7a"e found two +2, 7ilo"rams of cocaine. he owner of the pac7a"e was arrested and char"were filed a"ainst him. !urin" the trial5 the prosecution5 throu"h the trainer who w present durin" the incident and an epert in this 7ind of field5 testified that the do" whi"hl' trained to sniff pac7a"es to determine if the contents were dan"erous dru"s and sniffin" techni<ue of these hi"hl' trained do"s was accepted worldwide and had #successful in dan"erous dru"s operations. he prosecution mo$ed to admit this e$ideto )ustif' the openin" of the pac7a"e. he accused o#)ected on the "rounds that> +i, "uards had no personal 7nowled"e of the contents of the pac7a"e #efore it was open+ii, the testimon' of the trainer of the do" is hearsa' and +iii, the accused could not croeamine the do". !ecide. +(,

AI9. When a ;unicipal rial ourt +;,5 pursuant to its dele"ated )urisdiction5 rendersad$erse )ud"ment in an application for land re"istration5 the a""rie$ed part'Ks remed'+1,+=, ordinar' appeal to the Re"ional rial ourt+B, petition for re$iew on certiorari to the 3upreme ourt+, ordinar' appeal to the ourt of =ppeals+!, petition for re$iew to the ourt of =ppealsA9. he @m#udsman5 after conductin" the re<uisite preliminar' in$esti"ation5 found pro#acause to char"e o$. ;ati"as in conspirac' with arpintero5 a pri$ate indi$idual5 $iolatin" 3ection %+e, of Repu#li =ct +R=, o. %01E +=nti-raft and orrupt Cracti=ct5 as amended, Before the information could #e filed with the 3andi"an#a'an5

;ati"as was 7illed in an am#ush. his5 notwithstandin"5 an information was filed a"ao$. ;ati"as and arpintero. =t the 3andi"an#a'an5 arpintero throu"h counsel5 file;otion to Quash the Information5 on the "round of lac7 of )urisdiction of 3andi"an#a'an5 ar"uin" that with the death of o$. ;ati"as5 there is no pu#lic offichar"ed in the information.




Is the motion to <uash le"all' tena#le? +(,A9I.Claintiff filed a complaint denominated as accion pu#liciana5 a"ainst defendant. In hisanswer5 defendant alle"ed that he had no interest o$er the land in <uestion5 ecept aslessee of N. Claintiff su#se<uentl' filed anaffida$it of N5 the lessor of defendant5 statin"that N had sold to plaintiff all his ri"hts and interests in the propert' as shown #' a deed of transfer attached to the affida$it. hus5 plaintiff ma' as7 the court to render> +1,+=, summar' )ud"ment

+B, )ud"ment on the pleadin"s+, partial )ud"ment+!, )ud"ment #' defaultA9II.= was char"ed #efore the 3andi"an#a'an with a crime of plunder5 a non-#aila#le offense5where the court had alread' issued a warrant for his arrest. Without = #ein" arrested5 hislaw'er filed a ;otion to Quash =rrest Warrant and to i Bail5 ar"uin" that the alle"ationsin the information did not char"e the crime of plunder #ut a crime of mal$ersation5 a #aila#le offense. he court denied the motion on the "round that it had not 'et ac<uired )urisdiction o$er the person of the accused and that the accused should #e under thecustod' of the court since the crime char"ed was non#aila#le.he accusedKs law'er counter-ar"ued that the court can rule on the motion e$en if theaccused was at-lar"e #ecause it had )urisdiction o$er the su#)ect matter of the case.

=ccordin" to said law'er5 there was no need for the accused to #e under the custod' of thecourt #ecause what was filed was a ;otion to Quash =rrest and to i Bail5 not a Cetitionfor Bail.+=, If 'ou are the 3andi"an#a'an5 how will 'ou rule on the motion? +%,+B, If the 3andi"an#a'an denies the motion5 what )udicial remed' should the accusedunderta7e? +2,A9III.= was char"ed with murder in the lower court. &is Cetition for Bail was denied after asummar' hearin" on the "round that the prosecution had esta#lished a stron" e$idence of "uilt. o ;otion for Reconsideration was filed from the denial of the Cetition for Bail.!urin" the reception of the e$idence of the accused5 the accused reiterated his petition for #ail on the "round that the witnesses so far presented #' the accused had shown that no<ualif'in" a""ra$atin" circumstance attended the 7illin". he court denied the petition on

the "rounds that it had alread' ruled that> +i, the e$idence of "uilt is stron" +ii, theresolution for the Cetition for Bail is solel' #ased on the e$idence presented #' the prosecution and +iii, no ;otion for Reconsideration was filed from the denial of theCetition for Bail. +6,+=, If 'ou are the :ud"e5 how will 'ou resol$e the incident?

+B, 3uppose the accused is con$icted of the crime of homicide and the accused file otice of =ppeal5 is he entitled to #ail?AIA. = $icarious admission is considered an eception to the hearsa' rule.It5 howe$er5 does not co$er> +1,+=, admission #' a conspirator +B, admission #' a pri$'+, )udicial admission

+!, adopti$e admissionAA.om Wallis filed with the Re"ional rial ourt +R, a Cetition for !eclaration of uof his marria"e with !e#i Wallis on the "round of ps'cholo"ical incapacit' of the latBefore filin" the petition5 om Wallis had told !e#i Wallis that he wanted the annulmof their marria"e #ecause he was alread' fed up with her irrational and eccen #eha$iour. &owe$er5 in the petition for declaration of nullit' of marria"e5 the corresidential address of !e#i Wallis was deli#eratel' not alle"ed and instead5 the residenaddress of their married son was stated. 3ummons was ser$ed #' su#stituted ser$ice ataddress stated in the petition. or failure to file an answer5 !e#i Wallis was declareddefault and om Wallis presented e$idence e-parte. he R rendered )ud"mdeclarin" the marria"e null and $oid on the "round of ps'cholo"ical incapacit' of !Wallis. hree +%, 'ears after the R )ud"ment was rendered5 !e#i Wallis "ot hold o

cop' thereof and wanted to ha$e the R )ud"ment re$ersed and set aside. If 'ou are law'er of !e#i Wallis5 what )udicial remed' or remedies will 'ou ta7e? !iscuss specif' the "round or "rounds for said remed' or remedies. +*,AAI.oodfeather orporation5 throu"h its Cresident5 =l Ca7ino5 filed with the Re"ional ourt +R, a complaint for specific performance a"ainst Ro#ert White. Instead of filan answer to the complaint5 Ro#ert White filed a motion to dismiss the complaint on "round of lac7 of the appropriate #oard resolution from the Board of !irectorsoodfeather orporation to show the authorit' of =l Ca7ino to represent the corporatand file the complaint in its #ehalf. he R "ranted the motion to dismiss aaccordin"l'5 it ordered the dismissal of the complaint. =l Ca7ino filed a motion reconsideration which the R denied. =s nothin" more could #e done #' =l Ca7 #efore the R5 he filed an appeal #efore the ourt of =ppeals +=,. Ro#ert White mo

for dismissal of the appeal on the "round that the same in$ol$ed purel' a <uestion of land should ha$e #een filed with the 3upreme ourt +3,. &owe$er5 =l Ca7ino claimthat the appeal in$ol$ed mied <uestions of fact and law #ecause there must #e a factdetermination if5 indeed5 =l Ca7ino was dul' authoriDed #' oodfeather orporationfile the complaint. Whose position is correct?




/plain. +(,AAII. Which of the followin" decisions ma' #e appealed directl' to the 3upreme ourt +3,?+=ssume that the issues to #e raised on appeal in$ol$e purel' <uestions of law, +1,+=, !ecision of the Re"ional rial ourt +R, rendered in the eercise of its appellate )urisdiction+B, !ecision of the R rendered in the eercise of its ori"inal )urisdiction+, !ecision of the i$il 3er$ice ommission

+!, !ecision of the @ffice of the CresidentAAIII.;r. &umpt' filed with the Re"ional rial ourt +R, a complaint a"ainst ;s. !umpt'for dama"es. he R5 after due proceedin"s5 rendered a decision "rantin" the complaintand orderin" ;s. !umpt' to pa' dama"es to ;r. &umpt'. ;s. !umpt' timel' filed anappeal #efore the ourt of =ppeals +=,5 <uestionin" the R decision. ;eanwhile5 theR "ranted ;r. &umpt'Ks motion for eecution pendin" appeal. pon receipt of theRKs order "rantin" eecution pendin" appeal5 ;s. !umpt' filed with the = another case5 this time a special ci$il action for certiorari assailin" said R order. Is there a$iolation of the rule a"ainst forum shoppin" considerin" that two +2, actions emanatin"from the same case with the R were filed #' ;s. !umpt' with the =? /plain. +(,AAI9.3olomon and aith "ot married in 200*. In 20105 3olomon contracted a second marria"e

with &ope. When aith found out a#out the second marria"e of 3olomon and &ope5 shefiled a criminal case for #i"am' #efore the Re"ional rial ourt +R, of ;anilasometime in 2011. ;eanwhile5 3olomon filed a petition for declaration of nullit' of his first marria"e withaith in 20125 while the case for #i"am' #efore the R of ;anila is on"oin".3u#se<uentl'5 3olomon filed a motion to suspend the proceedin"s in the #i"am' case onthe "round of pre)udicial <uestion. &e asserts that the proceedin"s in the criminal caseshould #e suspended #ecause if his first marria"e with aith will #e declared null and$oid5 it will ha$e the effect of eculpatin" him from the crime of #i"am'. !ecide. +(,AA9.;r. BoaD filed an action for e)ectment a"ainst ;r. :achin #efore the ;etropolitan rialourt +;e,. ;r. :achin acti$el' participated in e$er' sta"e of the proceedin"s 7nowin"full' well that the ;e had no )urisdiction o$er the action. In his mind5 ;r. :achin was

thin7in" that if the ;e rendered )ud"ment a"ainst him5 he could alwa's raise the issueon the )urisdiction of the ;e. =fter trial5 the ;e rendered )ud"ment a"ainst;r. :achin. What is the remed' of ;r. :achin? +1,+=, ile an appeal+B, ile an action for nullification of )ud"ment

+, ile a motion for reconsideration+!, ile a petition for certiorari under Rule 6*AA9I. Carole e$idence is an> +1,+=, a"reement not included in the document+B, oral a"reement not included in the document+, a"reement included in the document+!, oral a"reement included in the document

AA9II.;r. =$en"er filed with the Re"ional rial ourt +R, a complaint a"ainst ;s. Bri"htannulment of deed of sale and other documents. ;s. Bri"ht filed a motion to dismiss complaint on the "round of lac7 of cause of action. ;r. =$en"er filed an opposition tomotion to dismiss. 3tate and discuss the appropriate remed'Jremedies under each of the followin" situatio+6,+=, If the R "rants ;s. Bri"htKs motion to dismiss and dismisses the complaint on "round of lac7 of cause of action5 what will #e the remed'Jremedies of ;r. =$en"er?+B, If the R denies ;s. Bri"htKs motion to dismiss5 what will #e her remed'Jremedie+, If the R denies ;s. Bri"htKs motion to dismiss and5 further proceedin"s5 includtrial on the merits5 are conducted until the R renders a decision in fa$or of ;r. =$enwhat will #e the remed'Jremedies of ;s. Bri"ht?

AA9III.= was adopted #' B and when = was onl' a toddler. Later on in life5 = filed with Re"ional rial ourt +R, a petition for chan"e of name under Rule 10% of the Ruleourt5 as he wanted to reassume the surname of his natural parents #ecause the surnaof his adopti$e parents sounded offensi$e and was seriousl' affectin" his #usiness social life. he adopti$e parents "a$e their consent to the petition for chan"e of name.;a' = file a petition for chan"e of name? If the R "rants the petition for chan"ename5 what5 if an'5 will #e the effect on the respecti$e relations of = with his adopt parents and with his natural parents? !iscuss. +(,AAIA./strella was the re"istered owner of a hu"e parcel of land located in a remote part of t #arrio in Ben"uet. &owe$er5 when she $isited the propert' after she too7 a lon" $acata#road5 she was surprised to see that her childhood friend5 :ohn5 had esta#lishe

$acation house on her propert'. Both /strella and :ohn were residents of the sa #aran"a'. o reco$er possession5 /strella filed a complaint for e)ectment with the ;unicipal ourt +;,5 alle"in" that she is the true owner of the land as e$idenced #' her certifiof title and ta declaration which showed the assessed $alue of the propert'




C215000.00. @n the other hand5 :ohn refuted /strellaKs claim of ownership and su#mittedin e$idence a !eed of =#solute 3ale #etween him and /strella. =fter the filin" of :ohnKsanswer5 the ; o#ser$ed that the real issue was one of ownership and not of possession.&ence5 the ; dismissed the complaint for lac7 of )urisdiction. @n appeal #' /strella to the Re"ional rial ourt +R,5 a full-#lown trial was conductedas if the case was ori"inall' filed with it. he R reasoned that #ased on the assessed$alue of the propert'5 it was the court of proper )urisdiction. /$entuall'5 the R rendered

a )ud"ment declarin" :ohn as the owner of the land and5 hence5 entitled to the possessithereof. +(,+=, Was the ; correct in dismissin" the complaint for lac7 of )urisdiction? Wh'wh' not?+B, Was the R correct in rulin" that #ased on the assessed $alue of the propert'5 case was within its ori"inal )urisdiction and5 hence5 it ma' conduct a full-#lown trial ofappealed case as if it was ori"inall' filed with it? Wh' or wh' not?---ooo0ooo---

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Remedial Law Bar Questions 06-14

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