Remedial Law Bar Examination Q & A (1997-2006) by: sirdondee@gmail.

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Bar Examination Examination Q Q Q& & &A A A (1997-2006 (1997-2006 (1997-2006 by by by ::: sirdondee@gmail.com sirdondee@gmail.com sirdondee@gmail.com by: sirdondee@gmail.com sirdondee@gmail.com Page Page Page 2 3 4 6 Page 7 Page 5 of of of 66 66 >66 1D A of Jurisdiction" @itness" of of Provisional 66 66 66 affairs$ 9;amination &inality 1emedies" ,his of of ais Remedial Law Bar ))) la#" the 8efault" result 1emedies" of the testing Party cannot 8eclared beaconsidered in 8efault to ('((+) be the .............................................................................................. 19 %1* Judgment @itnesses vs. Status ('((') ('((7) ?uo ............................................................................................................ ............................................................................................................ *rder ('((+) ....................................................................................... 60 47 Provisional @itness" Parties" 1emedies" Prosecution as State of an distinguished from 5)B)D-&4 4&8 #hich under -n rendering the jurisdiction a decision" of the should 5,%s$ ($ussell court ta7e v. =estil, into ;e< & petition for the 33 probate of a DtiliCed #ill inprescribes ol %1*" ing fruit of a Procedure poisonous tree and can be offered in e idence to the method 8efault" 1emedies" Substantial Com ('((() ................................................................................................ 20 30* 738,D1999B%. *.-. .o.of 1508# Sec. 415$ /ocal 0o)ernmen' (ode o %1*" 1991$ CA SC$+ *ffenses @itness" Justice ('((() 8e ................................................................................................................. t. possible ('((+) ('((+) ............................................................................................. ............................................................................................ 60 33 47 Provisional Plea of 3uilty" 1emedies" toredress a 0esser enforcing rights or obtaining for consideration the effect of its liance erdict upon estate alued at 2DD$DDD$DD falls #ithin the pro e the @ualifying circumstance under the information for their in GENERAL PRINCIPLES 8emurrer to 9vidence ................................................................................................................................. 20 8uration *ffense ('((') ('((+) .............................................................................................................. ......................................................................................................... !.1. 7160.& .o prohibition 33 47 1eglementary Pre/udicial e=ists in the ?uestion Period" pre!trial asion (Bustos v. 8u ero, the political stability and('((1) economic #elfare of the /urisdiction of such the Betropolitan ,rial %ourts in Betro SPECIAL PROCEEDINGS .................................................................................................................................. 61 @ualified rape under 5$&$ .o$ >353$ ,he fruit" of the 8emurrer to 9vidence" Civil Case vs. Criminal Case ('((.) .................................................................................... 20 Bar by Prior Judgment vs. Conclusiveness ofa Judgment ?o#e er" the action for annulment is personal Su (1999) lemental .................................................................................................................................... Pleadings ('((() ........................................................................................... 33 47 1emedies" Pre/udicial ?uestion to SC" GENERAL PRINCIPLES ........................................................................................................................................ 8 negotiations under the of %ourt$ A eal &.$. )o.(Se 86!068, 9 o" to3er !0, 19*8%. nation: 41 Banila . 19D*B BP5ules 1!9, as a-en'e'%. poisonous tree doctrine refers to that rule of e idence that (1997) 8iscovery" :odes of 8iscovery ('((() ................................................................................................................... 20 A ('((() eals .................................................................................................................................... to CA ('((') ..................................................................................................... 33 1emedies" 47 Pre/udicial A eal" 1%C ?uestion" to CA SUGGESTED ANSWER: ADDITIONAL ANSWER: actionBar and the enue depends on the residence of Cancellation or Correction" 9ntries Civil 1egistry ('((7) ........................................................................................ 61 by Prior Judgment vs. Conclusiveness of Judgment (1997) .............................................................................. 8 e=cludes eCriminal idence #hich may ha e brought been deri or This work is not intended for sale or commerce. is .o" because a court is re@uired to ta7e into 1emedial ;b< &n 0a2" application Conce t ('((+) for a #rit of work preliminary 8iscovery" :odes" Sub oena 8uces %ecum (1997) ............................................................................................... &amily Courts Act 21 (1999) Sus ension ..................................................................................................................... Action (1999) .................................................................................. 33('((1) 1emedies" 48 Pre$%rial A This eal"Agreement 1ule =7 vs. ('((=) 1ule Distinguish Bar by prior judgment from conclusi eness either & any orof B$ ?ence" it should be ined the 9sc,eat Proceedings ('((') .................................................................................................................................. 61 Cause of action vs. Action (1997) ............................................................................................................................ 8 ac@uired from a tainted or polluted source$ (uch e idence is 8iscovery" Production and )ns ection of 8ocuments ('((') .................................................................................. 21 +7 .................................................................................................................................... consideration (1999) ....................................................................................................... only the legal issues and the e idence injunction 34 may 1emedies" be 48 granted Pre$%rial" 5oid by 8ecision" Criminal a Bunicipal Pro Case er 1emedy vs. %ourt Civil 8hat is the concept of remedial la#: ;21< a< ?o# should the records of child and family cases of judgment 5,% of the place It #here either thefreely parties resides$ 9;tra$/udicial Settlement ofof 9state ('((7) .............................................................................................................. 61 freeware. may be copied and distributed. It is primarily Civil Actions S ecial Proceedings (199!) ........................................................................................................... 8in inadmissible for havs. ing emanated from spurious origins$ SUGGESTED ANSWER: SUGGESTED ANSWER: 8ismissal" :otion to 8ismiss" 1es Judicata ('((() ................................................................................................ 21 ('((=)Conciliation Case (1997) .................................................................................................. ........................................................................................................ 34 S ecial 48 Civil Provisional Action" 9/ectment 8ismissal (1997) ('((') admitted in the case$ ,he political stability and an action of forcible entry and unla#ful detainer$ in the +amily %ourts or 5,% designated by the 6abeas Cor us er" (199.) ........................................................................................................................................... 61 Proceedings" #atarungang Conference (1999) 4a# ........................................... ,he by doctrine" ho#e does not apply to Pambarangay the results vs. Pre$%rial ,he concept of 5emedial lies at the ery core of Bar prior!judgment is the doctrine of res judicata" 9vidence" Admissibility" P,otoco ies ('((() ......................................................................................................... 22 (Se .33 o" 35 BP 1!9; intended for all those who desire to 0a/ have a deeper understanding of ................................................................................................................... ................................................................................................................................. SEa-3oanga, ecial 48 Civil Action" 5oid 9/ectment Judgment (199!) ('((=) vs. $5C o" 191 SC$+610. Jurisdiction" )nca able of Pecuniary 9stimation ('((() economic #elfare of the nation are e=traneous to%i the (upreme %ourt to 1emedies" handle +amily %ourt cases be 6abeas Cor us (199!) ........................................................................................................................................... 61 8 &amily Courts Act ('((1) ......................................................................................................................................... obtained pursuant to (ec$ 1" 5ule 2>" 1AA7 5ules of il procedural due process" #hich means a la# #hich hears #hich bars a second action #hen there is identity of &orum S,o ing" 8efinition ('((+) ........................................................................................................................ 22 ................................................................................................................... .......................................................................................................................... 35 S 48 ecial Searc, Civil @arrant" Action" &oreclosure :otion to ?uas, ('((.) & files an action in Bunicipal ,rial %ourt against case$ ,hey can ethe persuasi e by influence but they are treated and dealt #ith: ;31< b< its 'nder #hat 6abeas Cor us ('((.) ........................................................................................................................................... 62 8 )nterlocutory *rder ('((+) ....................................................................................................................................... Procedure" as it ha does not contemplate a search #ithin the the issues touched the Philippine Bar 35 E aminations and trend. before it condemns" #hich proceeds upon in@uiry and Jurisdiction vs. 5enue ('((+) &orum S,o ing" 9ffects" 0ac> of Certification ('((+) ........................................................................................... parties" subject matter and cause of action$ (Sec. 49[b] ................................................................................................................ ('((7) ............................................................................................................... S ecial 49 %rial" Civil Action" %rial in Petition Absentia" for Automatic Certiorari B" the natural son of &Hs father" for the partition of a not the main factors that should be considered in conditions may the identity of parties in child and )ntestate Proceedings ('((') ................................................................................................................................. 62 moaning of the la#$ (Peo(le v. of t,e Court ('((+)................................................................................................................ 8 Judgment vs. * inion renders judgment only after trial" and contemplates ormer !"le 39# Sec$ 47 [b] o ne% !"le 39&. o Distinguish jurisdiction from enue: ;21< 3en. 22 les" ?uestions of of 0a2 vs. ?uestions of ('((=) ............................................................................ 22 ('((') 1evie2 .................................................................................................. of Conviction (199!) ............................................................................. 35 S from ecial Action" 49 ?uo 5enue @arranto who! ('((1) (1997) It is specially intended for law students the provinces parcel of land located in 5iEal #ith an&act )ntestate Proceedings" 8ebts t,e 9state ('((') .................................................................................................. 62an deciding aPrinci case$ & decision should be based on the family cases be diCivil ulged ;21< 8 Judicial Autonomy )m,aytay" artiality ('((.) .................................................................................................................. SUGGESTED ANSWER: opportunity to be heard before judgment is rendered Judgment" Annulment of Judgment" 3rounds (199!) ............................................................................................. 22 ............................................................................................................. ......................................................................................................................................................... 36 S ANSWER: ecial Civil Actions" 49 :andamus ('((+) SUGGESTED Judicial Settlement of 9state ('((7) ....................................................................................................................... 62 assessed alue of P2D"DDD$DD$ Band mo es to dismiss the la#" rules of procedure" justice e@uity$ ?o#e er" 8 #atarungang Pambarangay" *b/ective (1999) .......................................................................................................... (+l3ert /'5-(D-%,-*. :niversit/ treats Pu3lishing, ofnotes the ofcases the other %ourt to very often! are recipients of deliberately distorted from %onclusi eness of judgment precludes the Judgment" 9nforcement" 7$year eriod (1997) ....................................................................................................... a< ,hev. records of child and po#er family in 22 the ................................................................................................................ 36 Probate of 0ost @ills (1999) ................................................................................................................................... 62 action on the ground that the case should ha e been in e=ceptional cases the court may consider the Montilla, &.$. )o. 1!387!, .anuar/ 30,1998% 9 0iberal ................................................................................................................................................................ Construction" 1ules of Court (199!) ............................................................................................................. decide a%ode case on the merits" #hile 3).') refers to the EVIDENCE 50 relitigation of a particular issue in another action Judgment" 9nforcement" &oreign Judgment ('((7) ............................................................................................... 22 &.$. )o. 8619118, .anuar/ 30, 1965%. Summons .............................................................................................................................................................. 36 +amily to handle +amily %ourt cases shall be Probate of5,% @ill ('((.) ............................................................................................................................................ 63 unscrupulous law schools and "hare to be others this work brought in the because the action is that isstudents. political stability and #elfare ofone the nation 9 1emedial 0a2 ineconomic P,il. System of 3ov4t ('((+) .......................................................................................................... place the suit confidentiality$ may filed$ -n (Sec. criminal Judgment" 9;ecution ending eal ('((') ......................................................................................................... 23 bet#een the same parties on a A different Summons (1999) ................................................................................................................................................... 37 dealt #here #ith utmost 12$ actions" +amil, Admissibility (199!) ............................................................................................................................................... 50 Probate of @ill ('((7) ............................................................................................................................................ 63 not capable of pecuniary estimation as it cause in ol of es #hen 9 these 1emedial are capable 0a2 vs. Substantive of being ta7en 0a2 ('((+) into judicial ............................................................................................................... er" enue is that jurisdictional$ /urisdiction is avery matter 5emedial 4a# is branch of la# prescribes and you will be richly byho#e #od in heaven. It is#hich also Judgment" )nterlocutory *rder" ('((=) ...................................................................... (o"r's 1c' o 1997& action$ (Sec. 49 [c] o('((+) ormer !"le 39# Partial sec.rewarded 47 Summary [c] o ne%Judgments Summons" Service ('((=) ................................................................................................................... 37 JURISDICTION Admissibility ('((') ............................................................................................................................................... 50 Probate of @ill ............................................................................................................................................ 63 primarily a Substituted determination of hereditary rights and not 9 1emedial 0a2" Conce t ('((+) ................................................................................................................................ notice of and are rele ant to the case$ of substanti e of la#F enue" of procedural la#$ the method of enforcing the rights or obtaining !"le 39&. Judgment" Judgment on t,e Pleadings (1999) ....................................................................................................... 23 23 Summons" 5alidity of Service" 9ffects ('((+) ......................................................................................................... 37 b< ,he identity parties in child and family cases Admissibility ('((=) ............................................................................................................................................... 50 Probate of @ill" :andatory Bature ('((') ............................................................................................................... 63 9 1ig,ts of t,e Accused" 5alidity" 6)5 %est ('((7) ...................................................................................................... good karma. merely the bare right to real property$ 5esol e the /urisdiction may be not be conferred by consent Cause of action vs. Action (1997) redress for their in asion (Bustos v. 8u ero, &.$. )o. Judgment" on t,e Pleadings ('((7) ....................................................................................................... 24 5enue" )m ro erJudgment Com ulsory Counterclaim (199!) .................................................................................... 38 shall not be di ulged unless necessary and #ith Jurisdiction (1997) #atarungang Pambarangay" *b/ective (1999) Admissibility" Admission of.................................................................................................................................... 3uilt" 1e<uirements ('((+) ........................................................................................ 51 Settlement of5enue" 9state ('((1) 64 9 motion$ ;21< through9 #ai er upon a court" but enueCera-i may be #ai ed" Distinguish %ause of action from action 86!068, to3er 19*8; 2irst 8e(anto ,n . v. Judgment" :andamus vs. ?uo @arranto ..................................................................................................... 24 5enue" Personal Actions (1997) ............................................................................................................................. 38s, authority of the !0, judge$ (2d.& SUGGESTED ANSWER: Admissibility" 8ocument" Boto raised in ('((1) t,e Pleading ('((=) ................................................................................... 8hat courts ha jurisdiction er (199!) the follo#ing JURISDICTION Settlement ofe 9state" ....................................................................................................................................................... Administrator ............................................................................................................. 10 64 is the object of the 9atarungang SUGGESTED ANSWER: e=cept in criminal cases ()o u-199*%. et al. v. 5an, C+, &.$. )o. 110571, Mar h 10, Judgment" Soundness" Attac,ment ('((') ............................................................................................................ 24 ,he motion should be granted$ ,he partition 9lectronic 51 Admissibility" 9vidence ('((.) 5enue" SBetro ecial Proceedings (1997) ........................................................................................................................ 64 cases filed in Banila: a<act &n action for specific Pambarangay 4a#: ;21< & %&'() *+ &%,-*. is an or omission of one Jurisdiction (1997) ................................................................................................................................................. 10 v. CRIMINAL PROCEDURE .................................................................................................................................... 38 Judgments" 9nforcement" of 8efendant .................................................................................. 24 )o. 1*50!!, Se(te-3er*b/ect !3, !005; Santos ,,, )nterlocutory *rder ('((+) SUGGESTED ANSWER: depends on a determination of9;amination the hereditary rights of ('((')&.$. .............................................................................................................. 51 Admissibility" or 1eal 9vidence performance or" in the 1ig,ts of t,e Accused" 5alidity" 6)5 %est ('((7) Jurisdiction vs. 5enue ('((+) ................................................................................................................................. 10 party in iolation of the legal right or rights of the )orth#est +irlines, &.$. )o. 101538, .une !3, 199!%. Jurisdiction" 6abeas Cor us" Custody of :inors ('((7) ........................................................................................ 25 SUMMARY PROCEDURE ................................................................................................................................... 65 ,he object ofe" the 9atarungang Pambarangay 4a# is 8hat is an interlocutory order: ;21< Ac<uittal" 9ffect ('((') .......................................................................................................................................... 38 (199=) 51 Admissibility" *b/ections (1997) & and B"........................................................................................................ #hich is not capable of pecuniary alternati for damages in the amount of 'nder 5epublic &ct .o$ >353" one may be charged #ith Jurisdiction" C%A 8ivision vs. C%A 9n Banc ('((+) ............................................................................................... 10 other (Maao Sugar 0ac> Central vs. Barrios, 79 Phil. Se of . t,e Court Jurisdiction" ofAction Jurisdiction" Pro er 606; Action ('((=) ..................................................................... SUGGESTED ANSWER: to effect an amicable settlement of disputes among Actions" BP''" Civil deemed included ('((1) .............................................................................................. 39 ............................................................................................................................ 51 Admissibility" *ffer to :arry" estimation$ ?ence" e en though the assessed alue of P1>D"DDD$DD b< &n action for a #rit of injunction$ c< and found guilty of @ualified rape if he 7ne# on or before Pro,ibited Pleadings ('((=) ................................................................................................................................... 65 Jurisdiction" C%A 8ivision vs. C%A 9n Banc ('((+) Jurisdiction" )nca able of Pecuniary 9stimation ('((() .......................................................................................... 10 ! o" ne# $ule !%, causing damage to Parties" 25 8eat, of a Party" 9ffect (199!) .................................................................................................................. 25 &n interlocutory order to afflicted an *ffer order family and barangay at another$ the barangay le has el Actions" BP''" 8emurrer to 9vidence ('((.) ......................................................................................................... 39 Circumstantial 9vidence (199!) ................................................................................ 52 refers Admissibility" toissued Pay the land isfor P2D"DDD$DD" the Bunicipal ,rial %ourt &n action reple inmembers of a motorcycle alued at the commission of the that of he is #ith ?uman Jurisdiction" )nca able of Pecuniary 9stimation ('((() .......................................................................................... 11 Bar7 filed #ith thecrime Bureau -nternal 5e enue a Parties" 8eat, of a Party" 9ffect (1999) .................................................................................................................. 25 bet#een the commencement and the end of the suit Actions" Commencement of an conse@uently Action" 8ouble Jeo ardy ('((=) ............................................................................ 39 9; enses (1997) .......................................................................................................... 52;?-3<C&c@uired Admissibility" Private #ithout judicial recourse and help MISCELLANEOUS ................................................................................................................................................. 65 -mmuno!Deficiency 3irus -mmune no jurisdiction$ ($ussell v. Jurisdiction" )nca able of Pecuniary 9stimation ('((.) .......................................................................................... 11 complaint for refund of ta=es paid" but it #as not &n &%,-*. is an ordinary suit in a court of /ustice Parties" 8eat, of a Party" 9ffect .................................................................................................................. 26 #hich is not(yndrome a final decision of the #hole contro ersy Actions" 8iscretionary Po2er of(1999) &iscal (1999) ........................................................................................................ 39 8ocument ('((7) ................................................................................................................. 52 Proof =estil, su(ra% relie e the courts of doc7et congestion$ (*reamble o Deficiency ;&-D(< orAdmissibility" any other se=ually P15D"DDD$DD$ d< &n action for interpleader to Jurisdiction" :%C ('((') ........................................................................................................................................ 11 Administrative Proceedings ('((7) ........................................................................................................................ 65 acted upon$ (o" he filed a similar complaint #ith the by #hich one party prosecutes another for the Parties" %,ird Party Claim ('((() ........................................................................................................................... 26 .o. 1508$ '3e ormer and '3e irs' 4a'ar"ngang *ambaranga, and lea es something more to be done on its merits Actions" )n/unction (1999) ...................................................................................................................................... 39 *.-. of &iliation" Action of Partition ('((() ..................................................................................... 52 Admissibility" 1ules transmissible disease and the irus or disease is transmitted determine #ho Jurisdiction" *ffice of t,e Solicitor 3eneral ('((+) ................................................................................................. 11 Congress" 0a2 9; ro riating Pro erty ('((+) ....................................................................................................... 65 %ourt of ,a= &ppeals raffled to one of its Di isions$ enforcement or protection of a right" or the pre ention Parties" %,ird$Party Claim ('((7) ........................................................................................................................... 26 /a%.& et al. v. Peo(le, &.$. )o. 1*!030, +(ril !1, !005; Jurisdiction" )nca able of................................................................................................................. Pecuniary 9stimation ('((.) to the of ictim$ 'nder (ection 17;a< of some 5epublic &ct .o$ Arrest" @arrantless Arrest" Preliminary )nvestigation ('((=)(&allar'o .................................................................................. 40 of 9vidence (1997) 53 Best 9vidence 1ule bet#een the defendants is entitled to recei e the $e would like to seek the indulgence the reader for Bar Jurisdiction" *mbudsman Case 8ecisions ('((+) .................................................................................................. 12 1A .(19" :andatory Sus ension ('((1) ................................................................................................................ 66 Bar7Gs complaint #as dismissed$ ,hus" he filed #ith or redress of a #rong$ (Sec'ion 1 o.................................................................................................................................. ormer !"le Petition for Certiorari ('((() 26 ,nvest-ents ,nmay . v.compel Court o" accused +((eals, &.$. )o. 60036, 0iberal Construction" 1ules of Court (199!) >5D4 the court the to submit himself to & filed #ith the B,% of Banila an action for Arrest" @arrantless Arrests Searc,es (1997) ...................................................................................................... (1997) ..................................................................................................................................... 53 Burden of Proof vs. amount of P1AD"DDD$DD from the plaintiff$ e< ................................................................................................... & Jurisdiction" Probate ('((1) ................................................................................................................................... 12 2&. .anuar/ !7,of 1987 ite' in 0enso Phils, v. &.$. )o. Petition for 1elief -%ourt Action for Annulment ('((') 27 the %ourt &ppeals asamples petition for certiorari under %uestions which are improperly classified under a topic and for a blood test #here blood #ould be1+C, e=tracted from ?o# shall the 5ules of be construed: 0212 40 Arrest" @arrantless Arrests SeiCures ('((.) ....................................................................................................... specific performance against B" a resident of IueEon Burden of 9vidence ('((=) ..................................................................................................... 54 C,aracter 9vidence petition for the probate of a #ill in ol ....................................................................................................................... ing an Jurisdiction" 1%C ('((') ........................................................................................................................................ 12 75000, 2e3. !7, 1987%. Petition for 1elief" )n/unction 27 5uleeins 65$ Does the %ourt of &ppeals ha ;>1< e jurisdiction SUGGESTED ANSWER: his to determine #hether he has54 ?-3$ 40 @arrantless Arrests" *b/ection ('((() ........................................................................................................ ('((') ..................................................................................................................................... Confession" %ity" to Arrest" compel the latter to ('((') e=ecute a deed of estate alued at P2DD"DDD$DD$ some topics which are improperly or ignorantly phrased! for the Civil Actions Jurisdiction" vs. S Subdivision ecial Proceedings 6omeo2ner (199!) ('((+) ......................................................................................................... 12 Pleadings" Amendment of By 0eave of Court ('((.) ............................................................................ 27 ,he 5ules of('((') %ourt should beCom liberally construed in o er Bar7Gs petition: ;2$51< 41 Bail ............................................................................................................................................................. Affidavit of 1ecantation (199!) ........................................................................................................... 54 &acts" con eyance co ering a parcel of laint" land situated in SUGGESTED ANSWER: Judgment vs. * inion of t,e Court ('((+) #atarungang Pambarangay" 0u on" 9;tent of Aut,ority" ('((1) ............................................................................ 13 Distinguish ci il actions from special proceedings$ Pleadings" Amendment of Com laint" Byor" 0eave of Court" Prescri tive Period ('((() ............................................. 27 order to %ity promote their objecti e alue of securing a just" authors are &ust Bar 'eviewees who have prepared thisa work 41 Bail" A eal (199!) ................................................................................................................................................ 0egislative &acts vs. Ad/udicative ('((=) ........................................................................................... ;a< &n action for specific performance in the IueEon ha ing an assessed of&acts p1A"DDD$DD$ Edited and Arranged by: 8hat is the difference bet#een judgmentwhile and54 an SUGGESTED ANSWER: 0312 Pleadings" Amendment of Com laint" :atter of 1ig,t ('((7) ................................................................................. 28 speedy and ine=pensi e disposition of e ery action 41PROCEDURE Bail" A lication" 5enue ('((') 6earsay 9vidence ('((') ....................................................................................................................................... 54 alternati e" damages in the amount of version 1>D"DDD$DD B recei edfor the summons and a .............................................................................................................................. copy of under the 1987-2003 CIVIL .............................................................................................................................................. 13 SUGGESTED ANSWER: opinion of the court: ;2$51< .o$ ,he procedure is go erned by (ec$ 11 of 5$ &$ reviewing for the Bar E ams time constraints and within their Pleadings" Amendment of Com laint" %o Conform 2A 9vidence ('((=) a% +re the .................................................................. rights o" the a use' to 3e (resu-e' and proceeding$ (Sec. 6$ 2DD3$ !"le 1 1997 !"les o %ourts (i)il 41 Bail" &orms ofis Bail (1999) ...................................................................................................................................... 6earsay 9vidence vs. * inion 9vidence ('((=) ..................................................................................................... 54 falls #ithin the jurisdiction of Betropolitan ,rial %omplaint on D2 /anuary *n 1D /anuary 2DD3" SUGGESTED ANSWER: & %-3-4 &%,-*. one by #hich a party sues A2>2$ Decisions of a di ision of the %ourt of ,a= Silliman University College ADDITIONAL ANSWER: Actions" Pleadings" Cause Ans2er" of Action 8efense" vs. S Action ecific 8enial (1999) ('((=) ............................................................................................................ .............................................................................................. 28 28 Bail" inno ent o" like the ri-e harge', to (riva reader(s /, an' against *roced"re.& 41 :atter of 1ig,t (1999) .................................................................................................................................... 6earsay" 9;ce tion" 8ead :an Statute ('((1) ........................................................................................................ in Betro Banila$ &lthough an action for specific limited knowledge of the law. $e would to seek ,he judgment is the final disposition of54 the B filed a Botion to Dismiss the %omplaint on the another for the enforcement or protection of a right" &ppeals must or befallo appealed to the the %ourt of ,a= ?o#e er" strict obser ance of the rules is an('((() 13 Pleadings" Actions" Certification Cause of Action" Against Joinder &orum S S,o litting ing (199!) ............................................................................................. ....................................................................................... sel"6in ri-ination violate' 3/ su h o-(ulsor/ testing; of Law Batch 2005 41 Bail" :atter of 1ig,t vs. :atter of 8iscretion (1999) ............................................................................................... 6earsay" 9;ce tion" 8ying 8eclaration (199!) ....................................................................................................... 55 performance is not capable of pecuniary estimation" %ourt #hich is reflected in the dispositi e portion of the ground of lac7 of jurisdiction contending that the or the13 pre orfor redress of athey #rong$ (See. 3[a]$ !"le &ppeals en in banc$ +urther" the %,& no# has the same imperati e ention necessity #hen are considered Pleadings" 29 Actions" Counterclaim Cause of Action" against Joinder Counsel of Action (1999) t,e ................................................................................................ ('((=) ...................................................................... 29 indulgence a lot oft,e typographical errors this work. 47(lain. 41matter Bail" :atter 1ig,t vs. :atter of 8iscretion ('((+) ............................................................................................... 6earsay" 9;ce tion" 1es 3estae" * inion of of *rdinary @itness ('((7) ................................................................... since the alternati e of demand for damages is capable of Plaintiff decision$ & decision is directly prepared by a judge and subject of the suit #as incapable of pecuniary SUGGESTED ANSWER: 1$ 1997 !"les o (i)il *roced"re&$ #hile a Action (P)%-&4 Pleadings" :otions" Bill of Particulars ('((.) ......................................................................................................... ran7 as the %ourt of &ppeals and is no longer 29 13 Actions" Cause of Action" Joinder of ('((7) ................................................................................................ indispensable to the pre ention of needless delays and 42 Bail" @itness Posting Bailthe (1999) ........................................................................................................................... 55 6earsay" 9;ce tions (1999) ................................................................................................................................... pecuniary estimation" it is #ithin jurisdiction of the signed bycourt him" may containing and distinctly a .o$ ,he compelclearly the accused submit estimation$ ,he court denied the motion$ -n due time" P5*%))D-.6 is a remedy by #hich a........................................................................................................................... party see7s to UPDATED BY: Pleadings" 1e ly" 9ffect of Bon$&iling of 1e ly ('((() ........................................................................................... 29 13 Actions" Cause ofin Action" S litting (1999) ............................................................................................................. considered a @uasi!judicial agency$ -t istoli7e#ise to the orderly and speedy dispatch of /udicial 42 Com laint vs. )nformation (1999) 55 6earsay" 9;ce tions" 8ying 8eclaration ..................................................................................................... Betropolitan ,rial %ourts Betro Banila$ (Se . (1999) 33 o" BP statement of the facts pro ed and the la# upon #hich himself to a blood test to determine #hether he has B filed #ith the 5,% a Petition for %ertiorari praying establish a status" a right particular fact$ (Sec. Pre/udicial ?uestion" 9/ectment vs. ecific Performance ('((() .......................................................................... 30 14 Cause ofor Action" S .................................................................................................................................. litting ('((7) ............................................................................................................. pro ided in the said la# that the decisions of the %,& business (+lvero vs. .u'ge 'eala $osa, 76 S Phil. *!8% 1!9 as a-en'e' 3/ $+ )o. 7691@ 42 .Actions" 8emurrer to 9vidence" Contract of Carriage ('((=)................................................................................................ 55 6earsay" )na licable ('((.) the judgment is based (4to/a v. +3raha3[(]. !"le 1$1997 !"les (i)il *roced"re.& ?-3 under (ec$ 17;a< ofby 5$&$ .o" >D54$ ?is rights to that the said *rder beoset aside because the B,% had Pre$%rial" 1e<uirements ('((1) .............................................................................................................................. 30 14 Actions" Cause of Actions" :otion to 8ismiss" bar by rior /udgment ('((') en bane are cogniEable the (upreme %ourt under 425an, 8emurrer to 6!7B. 9vidence" 2Ao('((7) 0eave of Court (199!) .................................................................................................. 55 Judicial Botice" 9vidence ............................................................................................................................ CruA us. 87 Phil. Singson, +'-. Matter )o. $5.6916758, Se(te-3er !6, be presumed innocent of the crime charged" no jurisdiction o er the case$ 61 *n 13 +ebruary 1emedial Provisional 0a2 in P,il. 1emedies System (1999) of 2Ao 3ov4t ................................................................................................................................. ('((+) 30 to ......................................................... 14 Actions" Counterclaim 5ule 45 of the 1AA7 5ules of %i il Procedure$ ('((') 42 8emurrer to 9vidence" 0eave of Court ('((1) .................................................................................................. 56 Judicial Botice" 9vidence" &oreign 0a2 (1997) ....................................................................................................... 199*%. The RE-Take 2007 Conciliation Proceedings" #atarungang Pambarangay vs. pri acy and against self!incrimination are not 2DD3" & filed #ith the B,% a motion to declare B in Provisional 1emedies" Attac,ment (1999) ............................................................................................................. 30 14 Actions" Counterclaim vs. ?o# ................................................................................................................................ are8emurrer remedial implemented in system 43 tola#s 9vidence" 2Ao 0eave ofour Court ('((=) 56 :emorandum (199+) .............................................................................................................................................. ;b< &n action for injunction is B not capable of .................................................................................................. Pre$%rial Conference (1999) iolated by such compulsory testing$ -n an action Jurisdiction" )nca able of Pecuniary 9stimation ('((() Provisional 1emedies" Attac,ment (1999) ............................................................................................................. 30 default$ ,he motion #as opposed by on the ground Crossclaim (1999) ......................................................................................................... 15 Actions" Cross$Claims" of go 57 ernment: 43 8ismissal" &ailure to Prosecute ('((.) ................................................................................................................... &n opinion of the court is the informal e=pression in of *ffer of ;21< 9vidence (1997) ........................................................................................................................................ pecuniary estimation and hence falls #ithin the 8hat is the difference" if any" bet#een the #hich the physical condition of a ail party is in SUGGESTED ANSWER: Provisional 1emedies" Attac,ment ('((1) ............................................................................................................. 30B %,ird Party Claims (1997) ................................................................................................. 15 of Actions" 8erivative & brings an action in the B,% Banila against that his Petition for %ertiorari #as still pending$ The Authors 43 8ismissal" Provisional 8ismissal ('((.) ................................................................................................................ 57 *ffer of 9vidence" res inter alios acta ('((.) .......................................................................................................... the ie#s of the court and cannot pre against its jurisdiction ofproceedings the 5,%s$ From he A!"#ER" T$ BAR E%A&'!AT'$! conciliation under the 9atarungang 5emedial la#s are implemented in our system of Provisional 1emedies" Attac,ment ('((7) ............................................................................................................. 30 to contro ersy",he the opinion court may order the accused Suit vs. Class Suit ('((7) ......................................................................................................... 16 Actions" &iling" for the annulment of an e=trajudicial foreclosure sale 43*+! 8ouble Jeo ardy ('((') ......................................................................................................................................... 57 *ffer of 9vidence" %estimonial 8ocumentary (199=) ........................................................................................... final order$ of the court is contained in ;a< 8as the denial of the Botion to Dismiss )uly *,,Pambarangay 4a# and the negotiations for the an (1999) go ernment through the pillars of the judicial system" Provisional 1emedies" Attac,ment vs. 3arnis,ment ................................................................................... Civil Actions Criminal Action ('((7) ........................................................................................... 16 Actions" submit to a physical e=amination$ (Sec. 1$ !"le 28$ 1997 of real property #ith an assessed alue of 44 8ouble Jeo ardy" D grading" *riginal C,arges ('((7) .......................................................................................... (UE"T'$!" 57 * inion 1ule (199=) )* ............................................................................................................................................... he UP +A# ,$&P+E% Phi.i//ine +a0 the body of the decision that ser es as a guide or ;c< &n action for reple in )n/unction of a motorcycle alued of at %omplaint correct: (/oo5 ci'a'ion o la'es' case$ in 2004& amicable settlement during the pre!trial conference Provisional 31 1emedies" ('((1) !"les oor (i)il *roced"re& 31 including the prosecutory ser ice" our ................................................................................................................ courts )ntervention" 1e<uisites ('((() ................................................................................................................ 16complaint Actions" P5D"DDD$DD located in 4aguna$ 44 9;tradition ('((=) .................................................................................................................................................. 57 Parol 9vidence 1ule ('((1) .................................................................................................................................... enlightenment to determine the ra'io ,he decidendi of the 15D"DDD$DD falls #ithin the jurisdiction of the ;b< 5esol e the Botion to Declare the Defendant in under "1hoo.s the 5ules of Asso1ia %ourt: ;21< ion 2002 Provisional 1emedies" )n/unction ('((.) ................................................................................................................ 1eal Actions Personal Actions ('((+) ................................................................................................... 16 Actions" justice and @uasi judicial agencies$ alleged prematurity of the sale for theof reason that31 the 44 Pre )nformation ('((1) ................................................................................................................................................. 58 onderance vs. in Substantial 9vidence ('((.) .................................................................................................... decision$ ,heresult opinion forms no part the he judgment SUGGESTED ANSWER: Betropolitan ,rial %ourts Betro Banila (Se .1emedy 33 o" vs. :ain Default$ 3% ," the o" su h test sho#s that is31 <,= Provisional 1emedies" )n/unctions" Ancillary Action ('((+) ........................................................ Survives 8eat, of t,e 8efendant ('((() ................................................................................................... 16 mortgage #as not yet due$ B timely mo ed to 45 )nformation" Amendment ('((1) ............................................................................................................................ 58 Privilege Communication (199!) .pdated by /ondee e en if combined in one instrument" but may ,he difference bet#een the conciliation proceedings BP 1!9. as a-en'e' 3/ $+ )o. 7691%. (ositive, an' the (rose ution o""ers su h result in 1emedial 0a2 vs. Substantive 0a2 ('((+) Provisional 1emedies" )ssuance Bond ('((+) ........................................................................... 31 A eals" Period of A )n/unctions" eal" &res, Period 1ule2Aout ('((.) ............................................................................................. 17be 45 )nformation" Amendment" 8ouble dismiss the case Jeo on ardy" the ground that Bail the action ('((') should 58 Privilege Communication" :arital Privilege (19!9) ................................................................................................. referred to for the purpose of construing the judgment under the 9atarungang Pambarangay 4a# and the evi'en e (rove the >uali"/ing ir u-stan e un'er the )uly **! *,,0 Provisional 1emedies" )n/unctions" 1e<uisites ('((+) ............................................................................................ 31 Distinguish Certiorari" bet#een :ode of substanti Certiorarie ('((+) la# ...................................................................................................................... and remedial 17 34.* 225 45 2007 ........................................................................................ )nformation" Amendment" Su ervening 9vents (1997) 58 Privilege Communication" :arital Privilege ('((() ha e beenv.brought in )o. the 5,% of 4aguna$ Decide (Contreras 2eli7, &.$. 86*77, .une 30, ;d< action for interpleader to determine #ho ,n"or-ation "or >uali"ie' ra(e, shoul' the ourt re?e negotiations for an =7 amicable settlement during the ................................................................................................. Provisional 1emedies" 1eceivers,i ('((1) ........................................................................................................... 32 Certiorari" 1ule vs. 1ule +7 (199!) ..................................................................................................................... 17 t la#$ &n ;21< SUGGESTED ANSWER: ........................................................................................... 45 )nformation" Bail ('((.) 59 Privilege Communication" :arital Privilege ('((=) ................................................................................................. #ith reason$ ;31< 19*7%. su h result on the groun' that it is the "ruit o" a bet#een the defendants is entitled to recei e the pre!trial conference under the levin 5ules of ..................................................................................................................... %ourt is that SUGGESTED ANSWER: Provisional 1emedies" 1e (1999) .................................................................................................................. 32 Certiorari" 1ule =7 vs. 1ule +7:arital ('((7) 18 ,he motion should be granted$ ,he B,%:otion of Banila ......................................................................................................................................... 45 )nformation" to 59 Privilege Communication" Privilege ('((+) ................................................................................................. (oisonous tree; 47(lain. amount of P1AD"DDD$DD falls #ithin the jurisdiction of in theContem former" t" la#yers are prohibited appearing ('B(,&.,-3) 4&8 isParty" that offrom the la# Provisional 1emedies" Su part ort Pendente 0ite#hich (1999) ............................................................................................. 8eat, of a 9ffect (199!) .............................................................................................................. 18 has no jurisdiction because the action for 32 the ?uas, ('((() ...................................................................................................................... 46 )nformation" :otion to 59 1emedy" 0ost 8ocuments" Secondary 9vidence (199') ......................................................................................... SUGGESTED ANSWER: the Betropolitan ,rial %ourts in Betro Banila$ for the parties$ Parties must appear in person only creates" defines and regulates rights concerning life" Provisional 1emedies" Su ort Pendente 0ite ('((1) ............................................................................................. 32 8efault ('((() ........................................................................................................................................................ 18 annulment of the e=trajudicial foreclosure is not ?uas, ('((7)v. ...................................................................................................................... 46 ('((.) )nformation" :otion to 60 %estimony" )nde endent 1elevant Statement (1999) .............................................................................................. Judicialthe Autonomy )m the artiality (ince rights of accused are not iolated (MaCati 0ev Cor(. 5an?uat o !7 SC$+ *01% e=cept minors or incompetents #ho may be assisted liberty" or property" or the po#ers of agencies or of t,e Provisional 1emedies" %1* ('((1) ........................................................................................................................ 32 8efault ('((1) ........................................................................................................................................................ 18 capable of pecuniary estimation and is ?uas," 3rounds (199!) ...................................................................................................... 46therefore Judgment" 60 @itness" Com etency of t,e @itness vs. Credibility @itness ('((=) ............................................................. because the compulsory testing is authoriEed by the Provisional %1* ('((+) ........................................................................................................................ 33 by their ne=t *rder of 1emedies" 7in #ho are not la#yers . (+ormerl, instrumentalities for the administration of public 8efault" of 8efault" 9ffects (1999) ................................................................................................................ 18 Promulgation of Judgment (1997) ........................................................................................................ 46 60 @itness" 9;amination of a C,ild @itness" via 0ive$0in> %5 ('((7) ......................................................................... Sec. 9$ 8efault" 1emedies" Party 8eclared in 8efault (199!) .............................................................................................. 19 Jurisdiction" Com le; Crimes ('((.) ..................................................................................................................... 47 60 @itness" 9;amination of @itnesses (1997) ............................................................................................................ Version 1997-2006 !dated "# Dondee 60

TABLE OF CONTENTS F$R#ARD

REMEDIAL LAW
ARRANGED BY TOPIC (1997 2006)

Dondee

&n settlement #as signed oted before a 4upon #ithamicable %hairman 6o" but the majority to uphold ,agapamayapa the contract$ on /anuary 3" 2DD1$ *n /uly 6" 2DD1" the pre ailing party as7ed the 4upon to e=ecute the Bean#hile" +oto7inabecause filed #ith 5,% a petition for amicable settlement of the non!compliance by mandamus compel implement ,he the the other party of the the %*B)4)% terms of thetoagreement$ contract$ ,he *ffice ofrefused the (olicitor 4upon concerned to 6eneral e=ecute;*(6<" the representing %hairman 6o" opposed the petition on the settlementCagreement$ a< -s the 4upon correct in ground that mandamus refusing to e=ecute thedoes not lie to enforce contractual obligations$ During the proceedings" the be majority settlementCagreement: ;31< b< 8hat should the %ommissioners a manifestation that %hairman 6o course of actionfiled of the #as pre not authoriEed byin the %*B)4)% )n Banc to oppose ailing party such a case: ;21< the petition$ ANSWER: SUGGESTED a< Jes" 4upon is correct in refusing e=ecute Ma/ thethe 9S& re(resent Chair-an &o to 3e"ore the the settlementCagreement because the e=ecution $5C not#ithstan'ing that his (osition is ontrar/ to sought is already beyond that o" the -a?orit/; (5F% the period of si= months SUGGESTED ANSWER: from the date of the settlement #ithin #hich the Jes" the is *(6 may represent the %*B)4)% %hairman 4upon authoriEed to e=ecute$ (Sec. 417$ /ocal before the (ode 5,%o not#ithstanding that his position is 1991& 0o)ernmen' contrary to that of a majority of the %ommission members in the %*B)4)% because theailing *(6 party is an b< &fter the si=!month period" the pre independent itGs hands are not shac7led to the should mo eofficeF to e=ecute the settlementCagreement in cause of its client agency$ ,he primordial concern the appropriate city or municipal trial court$ ;-d$<of the *(6 is to see to it that the best interest of the go ernment is upheld (C9M484C
v. Gu/ano6Pa'illa, Se(te-3er 18, !00!%.

by: sirdondee@gmail.com sirdondee@gmail.com Page Page 11 of 1266of 66 8as the #atarungang Pambarangay" 9;tent of the Aut,ority" circuit trial court correct in its #as ruling: 8hy: billion$ ?e announced to 0u the on" public that 35-( municipal estimation and" therefore" the action #ithin the ('((1) has been set aside$ ,#o %ommissioners sided ;51< jurisdiction of 5,%$ ($ussel v. =estil, 30* SC$+ 738 project
Remedial Law Bar Examination Q & A (1997-2006)
SUGGESTED ANSWER: D1999B; Co(ioso v. Co(ioso, &.$. )o. 1*9!*3, 9 to3er !8,!00!; Ca3utihan v. 8an' enter Constru tion, 383 SC$+ D!00!B%. Jes" the Bunicipal %ircuit ,rial %ourt #as 353 correct in

CIVIL PROCEDURE

Jurisdiction" Actions" Cause *mbudsman of Action vs. Case Action 8ecisions (1999) ('((+)

Distinguish Does the %ourt action of from &ppeals cause ofha action$ e jurisdiction ;21< to SUGGESTED ANSWER: in criminal and administrati e re ie# the Decisions &n &%,-*. is one by #hich a party sues another cases of the *mbudsman: ;2$51< for the enforcement or protection of a right" or the SUGGESTED ANSWER: ,he (upreme %ourt has e=clusi e appellate pre ention or redress of a #rong$ (Sec. 3(1&$jurisdiction !"le & o er decisions of the *mbudsman in criminal cases (Sec. 14$ %&'() !.1. 6770& $ -n&%,-*. administrati e and cases" & *+ is the act disciplinary or omission by appeals *mbudsman be ta7en to 2$ the %ourt #hich a from partythe iolates a right must of another$ (Sec. !"le 2 of &ppeals o '3e 1997 under !"les&5ule +n 43 a tion -ust 3e 3ase' on a (8anting &.$. 1*1*!6, Ma/ 6, !005; ause o" v. a 9-3u's-an, tion. (Sec. 1$ !"le 2 )o. o '3e 1997 !"les&
2a3ian v. 0esierto, &.$. )o. 1!97*!, Se(te-3er 16, 1998; Se . 1*, $+. 6770%. Actions" Cause of Action" Joinder - S litting (199!)

6i e the effects of the follo#ingK Jurisdiction" Probate ('((1) 1 (plitting a single cause of actionK and ;31M /osefa filed in the Bunicipal %ircuit ,rial %ourt of 2 .on!joinder of a necessary party$ 0212 &licia and Babini" a petition for the probate of the SUGGESTED ANSWER: #ill ofeffect her of husband" in the 1$ ,he splitting Bartin" a single #ho cause died of action is Bunicipality of &licia" the residence thesuits spouses$ found in the rule as follo#sK -f t#o or of more are ,he probable #hichofconsisted instituted on thealue basisof ofthe the estate same cause action" mainly of of a house lot #as on placed at PA5"DDD$DD the filing one or and a judgment the merits in any and is ina the petition for the for allo#ance of the one ailable as a ground the dismissal of #ill" the attorneyHs fees the amount of P1D"DDD$DD" litigation others$ (Sec. 4 o in !"le 2& e=penses in ANSWER: the of P5"DDD$DD and costs party #ere 2$ ,he effect of amount the non!joinder of a necessary SUGGESTED included$ Pedro" ne=t 7incourt of to Bartin" filed the an may be stated asthe follo#sK ,he may order the ;a< ,he denial of the of Botion Dismiss opposition probate of the #ill theassessed ground inclusion ofto anthe omitted necessary partyon if jurisdiction %omplaint #as not correct$ &lthough the that total amount included relief of the o er the his person may be in obtained$ ,he failure to alue of the parcel of land ol in ed the #as P1A"DDD$DD" petition is jurisdiction more P1DD"DDD$DD" the ma=imum comply #ith the than order for inclusion #ithout #ithin the of the his B,% of Banila" the jurisdictional for municipal circuit trial justifiable cause a #ai er of the claim against such action filed by amount &to for (pecific Performance against B courts$ ,he court o erruled#ith the the opposition and party$ ,he court may proceed action the to compel the latter to e=ecute a Deed of %on but eyance proceeded to hear the case$ judgment rendered shall be #ithout of said parcel of land #as not capable of pecuniary

proceeding to hear the case$ -t has e=clusi e ALTERNATI E ANSWER: jurisdiction in all matters of probate" both testate and -f the action affects title to or possession of real intestate" #here the alue of the estate does not property then it is a real action and jurisdiction is e=ceed P1DD"DDD$DD ;no# P2DD"DDD$DD<$ ,he alue in determined by the assessed alue of the property$ -t this case of PA5"DDD$DD is #ithin its jurisdiction$ -n is #ithin the jurisdiction therefore of the determining the jurisdictional amount" e=cluded are Betropolitan ,rial %ourt$ attorneyHs fees" litigation e=penses and costsF these are considered only for determining the filing fees$ SUGGESTED ANSWER: (6.*.6lg. 129$ Sec. 33$ as amended& ;b< ,he %ourt could declare B in default because B did not obtain a #rit of preliminary injunction or a temporary Jurisdiction" 1%C ('((') restraining order from the 5,% prohibiting the judge P sued & in the 5,%!Banila to reco erpendency the follo#ing from proceeding in the case during the of the sumsK ;1< P2DD"DDD$DD on an o erdue promissory petition for certiorari$ note" ;2< P>D"DDD$DD on the purchase price of a (Se . 7 o" $ule 65; 0iaA v. 0iaA, 331 SC$+ 30! D!00!B. computer" P15D"DDD$DD for damages to his car ALTERNATI ;3< E ANSWER: ;4< fees and litigation and ,he P1DD"DDD$DD %ourt should for not attorneyHs declare B in default inasmuch e=penses$ %an & mo e to dismiss the case as the jurisdiction of B,% #as put in issueon in the the ground that the court has no jurisdiction o er the Petition +or %ertiorari filed #ith the 5,%$ ,he B,% subject matter: )=plain$ ;21< pending the result of should defer further proceedings SUGGESTED ANSWER: such petition$ (4ternal &ar'ens Me-orial ParC .o" because the 5,%!Banila has jurisdiction o er Cor(oration v. Court o" +((eals, 16* SC$+ *!1 D1988B%. the subject matter$ P may sue & in one complaint asserting as :%C many causes of action as he may ha e Jurisdiction" ('((') and since all the claims are principally for reco ery P sued & and B in one complaint in the 5,%!Banila" of money" the aggregate amount claimed shall the the cause of action against & being on an o be erdue test of jurisdiction$ [!"le 2$ sec. 5(d&]. ,he aggregate promissory note for P3DD"DDD$DD and that against B amount is P45D"DDD$DD" e=clusi e on of the the being onclaimed an alleged balance of P3DD"DDD$DD amount of P1DD"DDD$DD for attorneyHs fees and purchase price of goods sold on credit$ Does the e=penses of litigation$ ?ence" the o 5,%!Banila has 5,%!Banila ha e jurisdiction er the case: jurisdiction$ )=plain$ ;31< Jurisdiction" SUGGESTED Subdivision ANSWER: 6omeo2ner ('((+) 8hat court has jurisdiction er an action specific .o" the 5,%!Banila has noo jurisdiction o for er the case$ performance filed a subdi homeo#ner & and B could not by be joined as ision defendants in one against a subdi ision de right eloper: the correct complaint because the to %hoose relief against both ans#er$ )=plain$ defendants do not arise out of the same transaction or 1 ,he ?ousing and 5egulatory series of transactions and 4and there 'se is no common Board @uestion of la# or fact common to both$ (!"le 3$ sec. 2 ,he (ecurities and )=change %ommission 6&. ?ence" separate complaints #ill ha e to be files 3 ,he 5egional ,rial %ourt and they #ould fall under the jurisdiction of the 4 ,he %ommercial %ourt or the 5egional ,rial Betropolitan ,rial %ourt$ D2lores v. Mallare6Phili((s, 1** SC$+ 377 (1986%B. %ourt designated by the (upreme %ourt to hear and SUGGESTED ANSWER: decide Lcommercial cases$L Jurisdiction" *ffice of t,e Solicitor 3eneral &n action for specific performance by ('((+) a subdi ision -n 1AA6" %ongress 5epublic &ct is .o$ >1>A" homeo#ner against a passed subdi ision de eloper #ithin the other#ise 7no#n the 3oterGs 5egistration &ct of jurisdiction of the as ?ousing and 4and 'se 5egulatory 1AA6" (ec$ pro 1 iding for computeriEation of?4'5B elections$ Board$ of P$D$ 1344 pro ides that the has jurisdiction o er cases in ol ing specific appro performance of Pursuant thereto" the %*B)4)% ed the contractual and statutory and obligations filed by buyers of 3oterGs 5egistration -dentification (ystem subdi ision lots and condominium units against the ;35-(< Project$ -t issued in itations to pre!@ualify o#ner" eloper" dealer" bro7er or salesman (Manila and bidde for the project$ &fter the public bidding" BanCers 8i"e +oto7ina #as declared the #inning bidder #ith a bid ,nsuran e Cor(. v. #as 4''/ )g HoC Iei, &.$. )o. 139791, of P6 billion and issued a .otice of &#ard$ But 0e e-3er 1!, !003; HaCilala v. 2araon, &.$. )o. 1*3!33, %*B)4)% %hairman 6ener 6o objected to the 9 to3eron 18, the !00*; Se . 1, P.0. a#ard ground that 13**%. under the &ppropriations &ct" the budget for the %*B)4)%Gs moderniEation is only P1

by: sirdondee@gmail.com sirdondee@gmail.com Page Page16 13 15 14of of 66 66 case$ 5aphael -s the filed standa Remedial Law Bar Examination Q & A (1997-2006) complaint ))1 -ndustries against sustainable: Nrights %orporation )=plain$ for 0212 the payment of -t #as ,he contribution plaintiff not proper in sued respect for the to 5ic7y defendant his opponentGs to join in his the claim$ causes 5,% (Sec. of for of prejudice 4egal to the interest against of eachbothF necessary or party$ (Sec. 11 o !"le 6& allegedly 9 o !"le for 3& charges and ad affected ances for the action damages against Perry in caused his complaint by the for partition latterHs P1DD"DDD$DD 2 (o storage situated as to be adother ersely by a
SUGGESTED ANSWER: N %orporation filed a motion to dismiss encroachment against Perry and on the Bar plaintiffHs in$ ,he causes lot$ -n his of action ans#er" may the goods$ distribution or other disposition or property in the a& & %*'.,)5%4&-B is Action any claim #hich a Actions" 8erivative SuitplaintiffHs vs. Class 5ic7y Suit ('((7) Actions" of Action" Joinder of (1999) on Cause the ground of res judicata$ N %orporation be bet#een defendant denied the same the parties" claim and and Perry" alleged #ith that complaint custody of the court or of an officer thereof$ defending party ha e ha against an opposing party$ Distinguish a deri ati e suit from a class a< ismay the rule on of causes of 5aphael should ejoinder incorporated in his respect it #as the to the plaintiff loan but #ho not in#ith fact respect had encroached to suit$ the partition on his alleged 3 that 8hat -nter ention #ill not unduly delay or SUGGESTED ANSWER: (Sec. 6$ !"le 6& action: ;21< for interpleader his claim forrights storage and #hich includes land$ ;defendantHs< Bar in$ &ccordingly" ,he joinder the is bet#een defendant a complaint prejudice the adjudication of the or fees original & D)5-3&,-3) ('-, is a suit in e@uity that is filed b< secured t#o loans B: one for and&that for his failure he from #as barred from partition and a sum counterclaimed against of money" the plaintiff but P&5,-,-*. for damages is a ad ances partiesF by a minority shareholder in behalf of a corporation b& & counterclaim is distinguished from a P5DD"DDD$DD and the other for P1"DDD"DDD$DD" payable his claim$ 5aphael replied he could not special ci from resulting il action the alleged under 5ule encroachment 6A" #hich on cannot his lot$ be interposing 4 -nter enorHs rights maythat not be fully to redress #rongs committed against it" for #hich the %5*((%4&-B in Both that aha cross!claim is any claim by on different dates$ e fallen due$ -s B obliged claimed in storage feesproceedings$ and other ad ances in his joined ,he plaintiff #ith other filed causes an e= parte of action$ motion (See. for5[b]$ e=tension !"le 2$& of ha e protected a separate directors refuse to sue" the real party in interest being one party against a co!party arising out reco of the to file only one complaint against & for ery for interpleader because he #as notthe yet certain &lso"to time the ans#er causesthe of action defendantHs pertain counterclaim" to different but enues the complaint the corporation itself (8int v. 8i-6Ju, &.,8 )o. 1383*3, transaction or occurrence that is the subject matter of both loans: )=plain$ ;21< and jurisdictions$ court denied the motion ,he case on the for ground a sum that of itmoney should as to #ho #as liable therefor$ 5esol e the motion #ith SUGGESTED ANSWER: 2e3ruar/ 19, !001%" #hile a %4&(( ('-, is filed either of the original action or of a counterclaim ;41< pertains ha e been to set thefor municipal hearing$court *n the and defendantHs cannot be filed motion" in reasons$ a$ rule on /*-.D)5 %&'()( *+ regarding a contro ersy of common or general therein$ ,he & counterclaim is against *+ an opposing party Pasay %itythe therefore" because court declared the plaintiff the is plaintiff from Banila in default #hile on &%,-*. is that a party may in one pleading assert" in interest in behalf of many persons so numerous that it #hile a cross!claim is against a co!party$ (Sec. 8$ !"le SUGGESTED ANSWER: 5ic7y the counterclaim$ and Bar in8as are from the plaintiff Batangasalidly declared in the alternati e or other#ise join as many causes of 6& ,he motion to dismiss should be granted$ 5aphael should is impracticable to join all as parties" a number #hich (i',. (Sec. 5$ !"le 2$& default: 8hy: ;51< ha e incorporated hise complaint foropposing interpleader his action as he mayinha against an party" the court finds sufficiently representati e #ho may SUGGESTED ANSWER: c& .o" because if no motion to dismiss has been claim for storage fees and ad ances" the amounts of #hich pro ided that the rule on joinder of parties is .o" the plaintiff #as not alidly declared default$ Actions" Cause of Action" S litting (1999) sue or defend for the benefit of all$ (Sec. 12$ in !"le 3& -t is #ere ob iously determinable at the time of the filing of the filed" any of the grounds for dismissal pro ided in the complied #ithF & for that e=tension of time to splitting file an ans#er may a< motion 8hat is the rule against a cause of #orth noting a deri ati e suit is a representati e complaint$ are part as ofshall 5aphaelGs cause action in #hich 5ules may,hey be pleaded an affirmati e of defense the 1$2 the joinder not include special ci il be filed e= parte and suit$ need notrespecti be set for action and its effect on the e hearing$ rights of the suit" just li7e a class he may not be split$ ?ence" #hen the #arehouseman as7s ans#er #hich may include a counterclaim$ ,his is actions or actions go erned by special rules" but D+-ante vs. failure Sunga, to 6* comply SC$+ 19! (1975%B. parties for #ith the same: ;21< the court to by ascertain #ho among the defendants ALTERNATI E ANSWER: Actions" &iling" Civil Actions - Criminal Action ('((7) #hat & did filing an &ns#er alleging the lac7 are of may include causes of action pertaining to entitled to the goods" he also has the right to as7 #ho ,he general rule is that a counterclaim must be 8hile cruising on a high#ay" a ta=icab dri en by legal capacity of )) -ndustries to sue because it is not different enues or jurisdictions pro ided one b< & purchased a lot from B for Pl"5DD"DDD$DD$ should pay for the storage fees and other related e=penses$ ans#ered ten ;1D< days ser ice$ (!"le 11$ Bans ando#n electric post$ &s a result thereof" its a duly registered corporation #ith a counterclaim for ofthe action falls #ithin the jurisdiction a ?e ga hit e #ithin a payment offrom P5DD"DDD" signed a ,he cause filing of interpleader is a ailable as a groundof for sec. 4&. ?o#e er" a counterclaim that raises issues passenger" /o y" suffered serious injuries$ Bans #as damages$ ,he dismissal of the complaint on this 5,% and enue lies thereinF and promissory note payable thirty days after date" and as dismissal of the second case$ (Sec. 4$ !"le 2$& -t is a7in to a #hich are for deemed automatically joined by,rial the subse@uently charged before the ground is #ithout prejudice to the prosecution of the compulsory counterclaim #hich" if not set up" shall be a security the settlement of Bunicipal the obligation" allegations of the %omplaint need not be ans#ered$ %ourt #ith rec7less imprudence resulting in serious counterclaim in the same action because it is be a 2$2 the aggregate amount claimed shall barred$ (Se . !, $ule 9, ; +rreAa v. 0iaA, &.$. mortgaged the same lot to B$ 8hen the note fell due D&o?o v. &o/ala, 35 SC$+ 557 (1970%B. physical injuries$ compulsory counterclaim$ (Sec. 6 o !"le 16.& the test of jurisdiction #here the claims in all the and & failed to pay" B commenced suit to reco er causes of action are principally for the reco ery from & the balance of P1"DDD"DDD$DD$ &fter securing -n this case" the defendantHs counterclaim is a ,hereafter" /o y filed a ci il action against 4ourdes" )o. 133113, +ugust 30,5$ !001% of money$ (Sec. !"le 2 o '3e 1997 !"les& a fa orable judgment on his #hich claim" B brought compulsory counterclaim arises outanother orand is Actions" Cross$Claims" %,ird Party Claims (1997) the o#ner of the ta=icab" for breach of contract" action against & before the same court tooccurrence foreclose connected #ith the transaction and B and Cause % borro#ed P4DD"DDD$DD from &$ Actions" of Actions" :otion to 8ismiss" bar ,he by Bans for @uasi!delict$ 4ourdes and Bans filedthe a the mortgage$ & no# files a motion to dismiss constituting the subject matter of the plaintiffHs claim$ promissory note #as e=ecuted by B and % in a /oint rior /udgment ('((') b$ .o$ /oinder is only permissi e since the loans motion to dismiss the ci il of action onprior the ground of second action on the ground bar by judgment$ -t raises the same issue of #ho encroached on #hose and se eral capacity$ B" #ho recei from 5olando filed a petition formay declaration ofmoney the by nullity are separate loans #hich be ed gothe erned the litis pendentia" that is" the pendency of the ci il 5ule on the motion$ ;21< land$ ?ence" there #as no need to ans#er the &" ga e % P2DD"DDD$DD$ %" in turn" loaned of his marriage to %armela because of the alleged different terms and conditions$ ,he t#o loans gi e action impliedly instituted in the criminal action for counterclaim$ P1DD"DDD$DD out of the P2DD"DDD$DD recei D$ psychological incapacity of of theaction latter$he rise to t#o separate causes and mayed beto the SUGGESTED ANSWER: resulting in serious physical rec7less imprudence a< -n an action filed by & against B and % #ith the a$ ,he rule against splitting a cause of action and its basis of t#o separate complaints$ injuries$ 5esol e the motion #ith reasons$ ;41< Actions" Counterclaim SUGGESTED ANSWER: 5,% of IueEon %ity" can Bjudgment file a cross!claim &fter trial" the court rendered dismissing effect are that if t#o vs. or Crossclaim more suits(1999) are instituted on a< 8hat is counterclaim: ;21< b< Distinguish a ,he motion to dismiss should be denied$ ,he action against % foron the amount of P2DD"DDD$DD: b< %an to % Actions" Cause of the Action" Joinder of Action ('((7) the petition ground that 5olando failed the basis of a the same cause of action" the filing of counterclaim from a crossclaim$ ;21< for breach of contract the in ta=icab o#ner file a party complaint against the amount Perry is a resident of Banila" #hile D 5ic7y and Bar in pro e third the psychological incapacity offor his #ife$ ,he one or a judgment uponagainst the merits any one is cannot beas barred by the criminal action against the of 1DD"DDD$DD: arePresidents Batangas %ity$ 5olando ,hey are filed the coo#ners judgment ha of ing become final" another a ailable a ground for the dismissal of the others$ c< &" er" #ho is engaged in tile installation SUGGESTED ANSWER: ta=icab dri although the ta=icab o#ner can be 2& (Sec. 4$ !"le of a parcel residential land located Pasay %ity petition" thisof time on the ground that hisin marriage to business" #as sued by )) -ndustries for breach of held subsidiarily liable in the criminal case" if the #ith an assessed alue of P1DD"DDD$DD$ Perry %armela had been celebrated #ithout a license$ -s the ;a< Jes$ B can file a cross!claim against % for the contract for installing different marble tiles in B its b$ ,he motion to dismiss should be granted$ 8hen dri er is insol ent$ *n the other hand" the ci il action borro#ed from #hich he promised second action barred by the5ic7y judgment in the first: amount ofP1DD"DDD$DD 2DD"DDD$DD gi en to %$ & cross!claim is a offices as pro ided their contract$ 8ithout filing commenced suit to in collect promissory note" for @uasi!delict against the on dri the er is an independent to pay on or before December 1" 2DD4$ ?o#e er" 8hy: ;21< claim filed by one party against a co!party arising any motion to right dismiss" & its &ns#er SUGGESTED ANSWER: he il #ai ed his to foreclose the B ci action under &rticle 33 filed of the %imortgage$ il %ode #ith and Perry failed to pay his loan$ Perry also rejected 5ic7y out of the transaction or occurrence that is the .o" the second action is barred byproperty$ the judgment %ounterclaim theoriEing that of )) -ndustries split his cause of action$ (ec$ 3" 5ule 111 of the 5ules %ourt" #hich has can no be and Bar inGs proposal to not partition the 5ic7y subject matter of the original action or a in the first because they areand different causes of legal capacity and to sue becauseindependently it is not a of duly filed separately can proceed the filed a complaint against Perry Bar in in the 5,% counterclaim therein and may include a claim that Actions" of and Action" S action$ ,he first for annulment of property$ marriage ?e on the registered corporation$ Bylitting #ay('((7) of the counterclaim" & criminalCause action regardless of result of the of Pasay %ity foris the partition of the the party against #hom it is asserted is or may also be 5aphael" a #arehouseman" filed a complaint against ground of psychological incapacity under &rticle 36 as7ed for moral and actual damages as her business latter$ (Sa-son v. 0a#a/, &.$. )os. 16005*655, .ul/ !1, incorporated in his complaint his action against Perry liable to the cross!claimant for all or part of a claim !00*% 3 %orporation" %orporation and J %orporation to of the +amily %ode" #hile the second is for depleted as aN result of the #ithdra#al and for the collection of cross!claimant$ the latterGs P1DD"DDD$DD loan" plus asserted against the (Sec. compel them by to interplead$ therein that declaration of nullity of the marriage in8 !"le ie# 6& of the cancellation her clients?e of alleged their contracts duethe to interests and attorneyGs fees$ Actions" )ntervention" 1e<uisites ('((() ;b< .o" % cannot file a third!party complaint against three corporations claimed title and rightafter of absence of a basic re@uirement" #hich is a marriage the filing of the case$ ,he case #as dismissed 8hat are court the re@uisites for an inter a a D because the loan P1DD"DDD no connection possession o er the goods deposited in ention his #arehouse license$ 01r's$ 9 7 of 35(3&$ +amil,has (ode]. ,hey are the trial found that )) -ndustries isby not nonparty in an action pending in court: ;51< #ith opponentGs claim$ %#as could ha the e loaned the and that he corporation #as uncertain #hich of them #as entitled different causes action because e idence registered and therefore has no legal (tate the #ith reasons of #hether it proper for 5ic7y to SUGGESTED ANSWER: money out of other funds in not his possession$ to the goods$ &fter due proceedings" judgment #as re@uired to pro e them are the same$ DPagsisihan capacity to sue$ ?o#e er" it set a date for the join his causes of action in his complaint for ,he re@uisites for inter ention areK ALTERNATI E ANSWER: (1980% an' other asesB. v. Court o"against +((eals, 95 SC$+ rendered by court in declaring Ncontro %orporation reception of the e idence on matter &Gs that counterclaim$ ))or partition and5*0 Bar in in theagainst 5,% of 1 4egal interest the in a ersyF Jes" % can file Perry a third!party complaint D #as entitled to the goods$ ,he decision became final -ndustries opposed on the ground that the Pasay %ity$ ;51< 2 4egal interest in the success of either of the Actions" because the loan of 1DD"DDD$DD #as ta7en out of the Counterclaim ('((') SUGGESTED ANSWER: and e=ecutory$ counterclaim could no longer be prosecuted in ie# partiesF or P2DD"DDD recei ed from B and hence the loan see7s of the dismissal of the main

Remedial Law Bar Examination Q & A (1997-2006)

in accordance #ith (ec$ 7;b< 5ule 3A ;1AA7 5ules of %i il Procedure< against the e=ecutor or administrator or successor in interest of the deceased$
A eals" Period of A eal" &res, Period 1ule ('((.)

Defendant N recei ed an ad erse Decision of the 5,% in an ordinary ci il case on D2 /anuary 2DD3$ ?e filed a .otice of &ppeal on 1D /anuary 2DD3$ *n the other hand" plaintiff & recei ed the same Decision on D6 /anuary 2DD3 and" on 1A /anuary 2DD3" filed a Botion for 5econsideration of the Decision$ *n 13 /anuary 2DD3" defendant N filed a Botion #ithdra#ing his notice of appeal in order to file a Botion for .e# ,rial #hich he attached$ *n 2D /anuary 2DD3" the court denied &Hs Botion for 5econsideration and NHs Botion to 8ithdra# .otice of &ppeal$ Plaintiff & recei ed the *rder denying his Botion for 5econsideration on D3 +ebruary 2DD3 and filed his .otice of &ppeal on D5 +ebruary 2DD3$ ,he court denied due course to &Hs .otice of &ppeal on the ground that he period to appeal had already lapsed$ 61 ;a< -s the courtHs denial of NHs Botion to 8ithdra# .otice of &ppeal proper: ;b< -s the courtHs denial of due course to &Hs appeal correct:
SUGGESTED ANSWER:

(+ enas ,, v. Court o" +((eals, !*7 SC$+ 773 D1995B; Se . 1, $ule 19, 1997 $ules o" Civil Pro e'ure.%

Actions" 1eal Actions - Personal Actions ('((+)

8hat do you mean by a< real actionsF and b< personal action: ;21< a$ 5)&4 &%,-*.( are actions affecting title to or possession of real property or an interest therein
(2ortune Motors, ,n . v. C+, &. $. )o. 76*31, 9 to3er 16, 1989; $ule *, Se . 1%.
SUGGESTED ANSWER:

b$ &ll other actions are P)5(*.&4 &%,-*.( (!"le 4$ Sec'ion 2& #hich include those arising from pri ity of contract$
Actions" Survives 8eat, of t,e 8efendant ('((()

;a< .o" the courtHs denial of NHs Botion to 8ithdra# .otice of &ppeal is not proper" because the period of appeal of N has not yet e=pired$ +rom /anuary 2" 2DD3 #hen N recei ed a copy of the ad erse decision up to /anuary 13" 2DD3 #hen he filed his #ithdra#al of appeal and Botion for .e# ,rial" only ten ;1D< days had elapsed and he had fifteen ;15< days to do so$ ;b< .o" the courtHs denial of due course to &Hs appeal is not correct because the appeal #as ta7en on time$ +rom /anuary 6" 2DD3 #hen & recei ed a copy of the decision up to /anuary 1A" 2DD3 #hen he filed a Botion for 5econsideration" only t#el e ;12< days had elapsed$ %onse@uently" he had three ;3< days from receipt on +ebruary 3" 2DD3 of the *rder denying his Botion for 5econsideration #ithin #hich to appeal$ ?e filed is notice of appeal on +ebruary 5" 2DD3" or only t#o ;2< days later$

P/ engaged the ser ices of &tty$ (, to represent him in a ci il case filed by *P against him #hich #as doc7eted as %i il %ase .o$ 123$ & retainership agreement #as e=ecuted bet#een P/ and &tty$ (, #hereby P/ promised to pay &tty$ (, a retainer sum of P24"DDD$DD a year and to transfer the o#nership of a parcel of land to &tty$ (, after presentation of P/Hs e idence$ P/ did not comply #ith his underta7ing$ &tty$ (, filed a case against P/ #hich #as doc7eted as %i il %ase .o$ 456$ During the trial of %i il %ase .o$ 456" P/ died$ 1 -s the death of P/ a alid ground to dismiss the money claim of &tty$ (, in %i il %ase .o$ 456: )=plain$ ;21< 2 8ill your ans#er be the same #ith respect to the real property being claimed by &tty$ (, in %i il %ase .o$ 456: )=plain ;21<
SUGGESTED ANSWER:

1 .o$ 'nder (ec$ 2D" 5ule 3" 1AA7 5ules of %i il Procedure" #hen the action is for reco ery of money arising from contract" e=press or implied" and the defendant dies before entry of final judgment in the court in #hich the action is pending at the time of such death" it shall not be dismissed but shall instead be allo#ed to continue until entry of final judgment$ & fa orable judgment obtained by the plaintiff shall be enforced in the manner especially pro ided in the 5ules for prosecuting claims against the estate of a deceased person$ 2 Jes" my ans#er is the same$ &n action to reco er real property in any e ent sur i es the death of the defendant$ ;(ec$ 1" 5ule >7" 5ules of %ourt<$ ?o#e er" a fa orable judgment may be enforced

by: sirdondee@gmail.com sirdondee@gmail.comPage Page 171> of 66 of allo# 66 #as a 2$4S< issued P4$,90 against %" o" #ho 15being 'a/s BGs #ithin sole #hich heir" ac@uired to file the the notice property$ of 1 to the 8hen (upreme may a %ourt partyfrom be declared the %ourt in default: of &ppeals" ;21< appeal thein failure the 5,%" of counsel counted N to from inform receipt the of court the of order BGs 2 (andiganbayan 8hat is the and effect the of 5,% an *rder underof 5ule Default: ;21<Did dismissing death constitute a motion direct contempt: for a ne# ;21< trial or motion for 3 45$ +or failure to seasonably file his &ns#er despite 1 notice" ,he& first can be filedin only on the of lac7 or reconsideration$ D)e/(es et. al. vs. due #as declared default in grounds a case instituted SUGGESTED ANSWER: &.$. )o. 1*15!*, Se(te-3er 1*, !005B e=cess of jurisdiction or follo#ing gra e abuse of discretion tantamount against him by B$ ,he day" &Gs mistress #ho is C+, .o$ -t is not direct contempt under (ec$ 1 of 5ule 71" to lac7 oras e=cess ofin jurisdiction" the second is based on #or7ing a cler7 the sala of #hile the /udge before #hom his Certiorari" :ode of Certiorari #ithin ('((+) the pur ie# of (ec it is indirect contempt the errors of la# informed of the lo#er court$ case is pending" him of the declaration of default$ but )=plain each mode of certiorariK 3 of 5ule 71$ ,he la#yer can also be the subject of *n the same day"should & presented a #ithin motion under oath to from set 2 ,he first be filed si=ty ;6D< days disciplinary action$ (Sec. 16$ !"le 3& the $egional 5rial 1. +s a -o'e o" a((eal "roaside of default order on theor ground that his failure noticethe of order the judgment" resolution sought to to be Court or the Court o" +((eals to the Su(re-e Court. ans#er due fraud he has meritorious defense$ assailed#as (Sec. 4. to !"le 65&and " #hile the a second should be filed 8efault ('((() (!.5F% ,hereafter" he ;15< #ent abroad$ his a #ee7 or later" #ithin fifteen days from&fter notice of return the judgment final SUGGESTED ANSWER: Defendant #as declared in default by the 5,% #ith the case still undecided" he recei ed the order order or resolution appealed from" or of the denial of the %ertiorari as a mode of appeal go erned by 5ule ;5,%<$ Plaintiff #as allo#ed toispresent e idence in declaring him in default$ ,he motion to set aside default petitionerGs motion for ne# trial or reconsideration filed in 45 of the 5ules of %ourt #hich allo#s appeal from support of his complaint$ Photocopies of official #as opposed B on the that (Sec. it #as before & judgment" final order of resolution of the %ourt of due time afterby notice of theground judgment$ 2$ filed !"le 45& receipts and original copies of affida its #ere recei ed notice of his ha ing been declared in 3 ,he first cannot generally be a ailed default" of as a &ppeals" the 5,% or other on courts presented (andiganbayan" in court" identified by plaintiff the citing the for rule motion to5ules set aside may be made at #hene er authoriEed by la# to the (upreme %ourt by substitute a that lost the appeal under 4D" 41" 42" 43 and 45$ #itness stand and mar7ed as e=hibits$ (aid anytime after notice but before 5esol e the 4 'nder the first" the lo#er judgment$ court is impleaded as a erified petition re ie# only documents #ere for offered by raising plaintiff and@uestions admitted of in Botion$ ;21< la# distinctly set forth$ party respondent (Sec. 5 o !"le 65&$ #hile under the second" e idence by the court on the basis of #hich the 5,% the lo#er court is not imp leaded$ rendered judgment in fa or of the plaintiff" pursuant !. +s a s(e ial a tion "rothejudgment" $egional to the relief prayed for$ivil 'pon receipt of the 5rial Court or the Court o" +((eals to the Su(re-e SUGGESTED ANSWER: defendant appeals to the %ourt of &ppeals claiming Court. (!.5F% 1$ & party may be declared in default #hen he that the judgment is not alid because the 5,% based SUGGESTED ANSWER: fails(Sec. to ans#er #ithin the time allo#ed therefor" and 4 o !"le o 45& its judgment on(pecial mere photocopies and affida its by of %ertiorari as a %i il &ction is go erned upon motion of the claiming party #ith notice to the persons presented court$ -s the claim ed of 5ule 65 not of the 5ules ofin%ourt #hen an aggrie defending party" proof such failure$ Certiorari" 1ule ?7 and vs. 1ule +7of ('((7) defendant alid: party may file a )=plain$ erified ;31< petition against a decision" SUGGESTED ANSWER: !"le 9& Bay(Sec. the 3$ aggrie ed party file a petition for certiorari final order of ordefendant resolutionis of a tribunal" body under or board ,he claim not alid because the in the (upreme %ourt under 5ule 65 of the 1AA7 that has acted #ithout or in e=cess of its jurisdiction 1AA7 5ules" reception of e idence is not re@uired$ 2. effect of an *rder of of Default the 5ules of,he %i il Procedure" instead filing is a that petition or graa e defendant abuse of is discretion lac7 or &fter declaredamounting in default"tothe court court may proceed to render judgment granting for re ie# on certiorari under 5ule 45 thereof for the the e=cess of jurisdiction" #hen there is no appeal or any shall proceed to render judgment granting the claimant such relief as his pleading may #arrant nullification of a decision of the %ourt of &ppeals in other plain" speedy ade@uate remedy in the claimant such relief and as his pleading may #arrant" unless the court in its discretion re@uires the claimant the e=ercise either of its original or appellate ordinary course unless the court of in la#$ its discretion re@uires the claimant to submit e idence ;-d$< ,he party in default cannot jurisdiction: )=plain$ to submit e idence" #hich may be delegated to the ta7e part in the trial but shall be entitled to notice of SUGGESTED ANSWER: 3. +s a -o'e o" revie# o" the 'e isions o" the ,o .'44-+J & D)%-(-*. cler7 of court$ (Sec. 3$ !"le 9& subse@uent proceedings$ (Sec. of the %ourt of &ppeals )ational $elations Co--ission an' the ALTERNATI8a3or E ANSWER: the 3[1]& aggrie ed party should file a P),-,-*. +*5 Constitutional Co--issions. ,he claim of defendant is (!.5F% alid" because the court 5)3-)8 *. %)5,-*5&5- in the (upreme %ourt SUGGESTED ANSWER: recei ed e idence #hich it order in itsofo#n 3$ &ssuming the motion to set aside %ertiorari as a mode of re ie#can of the decision the under 5ule 45 of thethat 5ules of %ourt instead of filing a discretion" in #hich case the e idence of the plaintiff compliesfor #ith the other re@uirements the rule" it .45% is ele ated to the %ourt of &ppeals under 5ule petition certiorari under 5ule 65 of e=cept under must re@uirements of admissibility$ should be granted$ circumstances$ &lthough such a 65" aspass heldthe in basic the case of St. MartinKs 2uneral <o-e v. ery e=ceptional &motion long may line be of made afterof notice but before judgment (Sec. 3[6] o )8$C, &.$. )o. 130866, Se(te-3er 16, 1998 $ %ertiorari decisions the (upreme %ourt" too numerous to 8efault ('((1) !"le 9&" #ith reason may be filed after as a mode of re ie# from the %ommission on &udit mention" holds more that certiorari is notita substitute for a Bario #as declared in default but before judgment disco ery e en before receipt of the order of#hen default$ ;%*&< and %*B)4)% is ele ated to the (upreme lost appeal$ -t should be noted" ho#e er" the #as rendered" he decided to file a motion to set aside %ourt #ithin 3D days from notice of the judgment" %ourt of &ppeals imposes the death penalty" or a the order of default$ a< 8hat should Bario state in decision or final order or resolution sought to be lesser penalty for offenses committed on such his motion in order 8efault" 1emedies" Party 8eclared in 8efault (199!) re ie#ed" the as pro idedaside for under 5ule of the occasion" appeal by petition for re ie# or ordinary to justify setting of thethe order of 64 default: 8hat are the a ailable remedies of a party declared 1AA7 5ules of %i il Procedure$ -n the case of the appeal$ -n cases #hen the %ourt of &ppeals imposes ;31< b< -n #hat form should such motion be: ;21< -n defaultK E ANSWER: ALTERNATI %i il (er ice %ommission ;%(%<" re ie# of its reclusion perpetua" life imprisonment or a lesser 1 Before the for rendition of judgmentF 0112 (ince &Hs Botion 5econsideration #as filed on judgments isANSWER: through petitions for re ie# under (ec$ penalty" appeal is by notice of appeal filed #ith the SUGGESTED 2 judgment before its on finalityF and2D" 0211 /anuary &fter 1A" 2DD3 and itbut #as denied /anuary 5 43 of the 1AA7 of %i ilof Procedure$ a<of -n5ule order to justify the 5ules setting aside the order of %ourt of &ppeals$ 3 finality of judgment: 0212#ith at least 2DD3" it &fter #as clearly not set for hearing default" Bario should state in his motion that his three daysH notice$ ,herefore" the motion #as pro Contem t" 8eat, of a Party" 9ffect (199!) Certiorari" 1ule ?7 vs. 1ule +7 (199!) failure to ans#er #as due to fraud" accident" mista7e forma did not for interrupt the period of appeal & filed and a complaint the reco ery of o#nership of Differentiate certiorari and as an original from or e=cusable negligence that he has aaction meritorious #hich e=pired on /anuary 21" 2DD3 by or her fifteen ;15< land against B #ho #as represented counsel certiorari as a mode of appeal$ M312 defense$ [Sec. 3(b& o !"le 9$]. SUGGESTED ANSWER: days the decision ondied$ /anuary 6" 2DD3$ N$ -nafter the notice courseof of the trial" B ?o#e er" N %ertiorari as an original action and certiorari as a failed to notify the court of BGs death$ ,he court b< ,he motion should be under oath$ ;-d$< =*%9> ,o standardiEe the appeal periods pro ided in mode of appeal may be distinguished as follo#sK proceeded to hear the case and rendered judgment 1$ ,he first is a special ci il action under 5ule the 5ules and to afford litigants fair opportunity to against B$ &fter the /udgment became final" a #rit of 8efault" *rder of 8efault" 9ffects (1999) 65 of the 5ules of %ourt" #hile the second is an appeal their cases" the %ourt deems it practical to e=ecution appeal
Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com Page 1A of 66 defense (Sec. 3[b]$

!"le 9&# and if it is denied" he may mo e to reconsider" and

if reconsideration is denied" he may file the special ci il action of certiorari for gra e abuse of discretion tantamount to lac7 or e=cess of the lo#er courtGs jurisdiction$ (Sec. 1$ !"le 65& or ;b< he may file a petition for certiorari if he has been illegally declared in default" e$g$ during the pendency of his motion to dismiss or before the e=piration of the time to ans#er$
(Matute vs. Court o" +((eals, !6 SC$+ 768; + osta69"alia vs. Sun'ia-, 85 SC$+ *1!.%

2$ AFTER JUDGMENT BUT BEFORE ITS FINALITY" he may file a motion for ne# trial on the grounds of fraud" accident" mista7e" e=cusable negligence" or a motion for reconsideration on the ground of e=cessi e damages" insufficient e idence or the decision or final order being contrary to la# (Sec. 2$ !"le 37&K and thereafter$ -f the motion is denied" appeal to a ailable under 5ules 4D or 41" #hiche er to applicable$ 3$ AFTER FINALITY OF THE JUDGMENT" there are three #ays to assail the judgment" #hich areK a< a petition for relief under 5ule 3> on the grounds of fraud" accident" mista7e or e=cusable negligenceF b< annulment of judgment under 5ule 47 for e=trinsic fraud or lac7 of jurisdictionF or % certiorari if the judgment to oid on its face or by the judicial record$ (Balang a' vs. .usti es
o" the Court o" +((eals, &.$. )o. 83888. 2e3ruar/ 1!, 199!, !06 8C$+ 171%.

8efault" 1emedies" Party 8eclared in 8efault ('((+)

/ojie filed #ith the 5egional ,rial %ourt of 4aguna a complaint for damages against /oe$ During the pre! trial" /ojie ;sic< and her ;sic< counsel failed to appear despite notice to both of them$ 'pon oral motion of /ojie" /oe #as declared as in default and /ojie #as allo#ed to present her e idence e= parte$ ,hereafter" the court rendered its Decision in fa or of /ojie$ /oe hired /ose as his counsel$ 8hat are the remedies a ailable to him: )=plain$ ;51<
SUGGESTED ANSWER:

SUGGESTED ANSWER:

,he a ailable remedies of a party declared in default are as follo#sK 1$ BEFORE THE RENDITION OF JUDGMENT ;a< he may file a motion under oath to set aside the order of default on the grounds of fraud" accident" mista7e or e=cusable negligence and that he has a meritorious

,he remedies a ailable to a party against #hom a default decision is rendered are as follo#sK 1$ B)+*5) the judgment in default becomes final and e=ecutoryK 1 Botion for 5econsideration under 5ule 37F 2 Botion for .e# ,rial under 5ule 37F and 2$ &+,)5 the judgment in default 3 &ppeal under 5ule 41$ becomes final and e=ecutoryK 1 Petition for 5elief under 5ule 3>F 2 &nnulment of /udgment under 5ule 47F and

by: sirdondee@gmail.com Page 2D of 66 8emurrer to 4$ c$ %ertiorari PRODUCTION INSPECTION OF DOCUMENTS 9vidence" Civil Case vs. Criminal Case ('((.) %ompare the under OR 5ule 65$ (See OR 5alsan THINGS 4nter(rises, $ 'pon motion ,n . v. of Bali#ag any party 5ransit, sho#ing ,n ., good effects of a denial of demurrer to e idence in a ci il case &.$. )o. 1!6!58, .ul/ 8, 1999% cause therefore" a court may order any party to produce #ith those of a denial of demurrer to e idence in a and permit the inspection and copying or photographing criminal case$ 41 8efault" 1emedies" Substantial Com liance ('((() of any designated documents" etc$ or order any party to +or failure 9$/$ designated to file an ans#er the for SUGGESTED ANSWER: permit entryofupon land or #ithin property reglementary period" the %ourt" upon motion of 4B" inspecting" measuring" sur eying" or photographing the -n a ci il case" the defendant has the right to file a declared 9/any in designated default$ -n rele due ant time" 9/ or filed an demurrer to e idence #ithout lea e of court$ -f his property or object operation un erified motion to lift the order of default #ithout demurrer is denied" he has the right to present thereon$ (Sec. 1$ !"le an affida it of merit attached to it$ 9/ ho#e er e idence$ -f his demurrer is granted and on appeal by attached to the motion his ans#er under oath" stating the plaintiff" the appellate court re erses the order 27$ 1997 !"le 27 !"les o (i)il *roced"re.& in said ans#er his reasons for his failure to file an and renders judgment for the plaintiff" the defendant ans#er on:odes" time" Sub as #ell his %ecum defenses$ 8ill the 8iscovery" oenaas 8uces (1997) loses his right to present e idence$ ;5ule 33<$ motion to lift the order of by default prosper: )=plain$ -n an admiralty case filed & against J (hipping -n a criminal case" the accused has to obtain lea e of ;31< ;#hose principal offices are in Banila< in the 4ines SUGGESTED ANSWER: court to file a demurrer to e idence$ -f he obtains 5,%" Da ao %ity" the court issued a subpoena duces Jes" there is substantial compliance #ith the rule$ lea e of court and his demurrer to e idence is tecum directing J" the president of the shipping &lthough the motion is un erified" the ans#er attached denied" he has the right to present e idence in his company" to appear and testify at the trial and to to the motion is erified$ ,he ans#er contains #hat the defense$ -f his demurrer to e idence is granted" he is bring #ith him se eral documents$ motion to lift the order of default and the affida it of ac@uitted and the prosecution cannot appeal$ ;a< *n #hat alid ground can J refuse to comply merit should contain" #hich are the reasons of mo antHs #ith the subpoena duces tecum: failure to ans#er as #ell as his defenses$ (Se . 3 D3B o" -f the accused does not obtain lea e of court and his ;b< can & o" ta7e the testimony of J and present $ule?o# 9, 1997 $ules Civil demurrer to e idence is denied" he #ai es his right the documents as e=hibits other than through the Pro e'ure; C". Citi3anC, ).+. v. Court o" +((eals, 30* to present e idence and the case is decided on the subpoena theConsul 5,%: v. Consul, 17 SC$+ 667, 671 SC$+ 679,from D1999B; basis of the e idence for the prosecution$ D1966B; 5olentino v. Carlos, 66 Phil, 1*50, 1*361** D1938B,
Remedial Law Bar Examination Q & A (1997-2006) )asser v. Court o" +((eals, 191 SC$+ 783 D199!B%.

8emurrer to 9vidence ('((1)

%arlos filed a complaint against Pedro in the 5,% of *Eamis %ity for the reco ery of the o#nership of a car$ Pedro filed his ans#er #ithin the reglementary period$ &fter the pre!trial and actual trial" and after %arlos has completed the presentation of his e idence" Pedro mo ed for the dismissal of the complaint on the ground that under the facts pro en and the la# applicable to the case" %arlos is not entitled to the o#nership of the car$ ,he 5,% granted the motion for dismissal$ %arlos appealed the order of dismissal and the appellate court re ersed the order of the trial court$ ,hereafter" Pedro filed a motion #ith the 5,% as7ing the latter to allo# him to present his e idence$ %arlos objected to the presentation of e idence by Pedro$ (hould the 5,% grant PedroHs motion to present his e idence: 8hy: ;51<
SUGGESTED ANSWER:

,he court may also dismiss the action on the ground of insufficiency of the e idence on its o#n initiati e after gi ing the prosecution the opportunity to be heard$ (Sec. 23 o !"le 119&
8iscovery" :odes of 8iscovery ('((()

Describe briefly at least fi e ;5< modes of disco ery under the 5ules of %ourt$ ;51< +i e modes of disco ery under the 5ules of %ourt areK 1 DEPOSITION. By lea e of court after jurisdiction has been obtained o er any defendant or o er property #hich is the subject of the action" or #ithout such lea e after an ans#er has been ser ed" the testimony of any person" #hether a party or not" may be ta7en" at the instance of any party" by deposition upon oral e=amination or #ritten interrogatories$ (Sec. 1$ !"le 23$ 1997 !"les o (i)il
*roced"re.&
SUGGESTED ANSWER:

.o$ PedroHs motion should be denied$ ?e can no longer present e idence$ ,he 5ules pro ide that if the motion for dismissal is granted by the trial court but on appeal the order of dismissal is re ersed" he shall be deemed to ha e #ai ed the right to present e idence$ (Sec. 1 o !"le 33$ !"les o (i)il *roced"re&
ALTERNATI E ANSWER:

.o" because #hen the appellate court re ersed the order of the trial court it should ha e rendered judgment in fa or of %arlos$ (8"ebral ). (o"r' o
199eals$ 252 S(!1 353$ 1996&

INTERROGATORIES TO PARTIES$ 'nder the same conditions specified in section 1 of 5ule 23" any party shall file and ser e upon any ad erse party #ritten interrogatories regarding material and rele ant facts to be ans#ered by the party ser ed$ ;Sec. 1$ !"le 25$ 1997 !"les o (i)il *roced"re.& $ ADMISSION BY ADVERSE PARTY$ &t any time after issues ha e been joined" a party may file and ser e upon any other party a #ritten re@uest for the admission by the latter of the genuineness of any material and rele ant document or of the truth of any material rele matter fact$ *roced"re.& (Sec. and 1$ !"le 26$ant 1997 !"les of o (i)il
Version 1997-2006 !dated "# Dondee

by: sirdondee@gmail.com Page 21 of 66

SUGGESTED ANSWER:

;1< Jes" because upon motion of any party sho#ing good cause" the court in #hich the action is pending may order any party to produce and permit the inspection of designated documents$ (!"le 27&. ,he defendant has the right to inspect and erify the original of the promissory note so that he could intelligently prepare his ans#er$ ;2< ,he defendant is not re@uired to deny under oath the genuineness and due e=ecution of the promissory note" because of the non!compliance by the plaintiff #ith the order for production and inspection of the original thereof$ (!"le 8$ sec. 8&.
ALTERNATI E ANSWER:

;2< ,he defendant may file a motion to dismiss the complaint because of the refusal of the plaintiff to obey the order of the court for the production and inspection of the promissory note$ [!"le 29 Sec. 3(c&].
8ismissal" :otion to 8ismiss" 1es Judicata ('((()

SUGGESTED ANSWER:

;a< J can refuse to comply #ith the subpoena duces tecum on the ground that he resides more than 5D ;no# 1DD< 7ilometers from the place #here he is to testify" (Sec. 9 o ormer !"le 23# Sec. 10 o ne% !"le 21&. ;b< & can ta7e the testimony of J and present the documents as e=hibits by ta7ing his deposition through oral e=amination or #ritten interrogatories$ (!"le 24# ne% !"le 23& ?e may also file a motion for the production or inspection of documents$ (!"le 27&.
ALTERNATI E ANSWER:

;a< ,he #itness can also refuse to comply #ith the subpoena duces tecum on the ground that the documents are not rele ant and there #as no tender of fees for one dayGs attendance and the 7ilometrage allo#ed by the rules$
8iscovery" Production and )ns ection of 8ocuments ('((')

&B" as mother and in her capacity as legal guardian of her legitimate minor son" %D" brought action for support against )+" as father of %D and &BHs la#fully #edded husband$ )+ filed his ans#er denying his paternity #ith counterclaim for damages$ (ubse@uently" &B filed a manifestation in court that in ie# of the denial made by )+" it #ould be futile to pursue the case against )+$ &B agreed to mo e for the dismissal of the complaint" subject to the condition that )+ #ill #ithdra# his counter claim for damages$ &B and )+ filed a joint motion to dismiss$ ,he court dismissed the case #ith prejudice$ 4ater on" minor son %D" represented by &B" filed another complaint for support against )+$ )+ filed a motion to dismiss on the ground of res judicata$ a< -s res judicata a alid ground for dismissal of the second complaint: )=plain your ans#er ;31< b< 8hat are the essential re@uisite of res judicata: ;21<
SUGGESTED ANSWER:

,he plaintiff sued the defendant in the 5,% to collect on a promissory note" the terms of #hich #ere stated in the complaint and a photocopy attached to the complaint as an anne=$ Before ans#ering" the defendant filed a motion for an order directing the +sis v. 0e Court o" +((eals, 303 SC$+ 176 D1999B%. Co'e; plaintiff to produce the original of the note so that the defendant could inspect it and erify his signature and ;b< ,he )ssential 5e@uisites of 5es /udicata areK the hand#ritten entries of the dates and amounts$ 1 the judgment or order rendered must be 1 (hould the judge grant the defendantHs motion for finalF production and inspection of the original of the promissory 2 the court rendering the same must ha e note: 8hy: ;21< jurisdiction of the subject matter and of the 2 &ssuming that an order for production and partiesF inspection #as issued but the plaintiff failed to comply 3 it must be a judgment or order on the #ith it" ho# should the defendant plead to the alleged meritsF and e=ecution of the note: ;31<

;a< .o" res judicata is not a defense in an action for support e en if the first case #as dismissed #ith prejudice on a joint motion to dismiss$ ,he plaintiffHs mother agreed to the dismissal of the complaint for support in ie# of the defendantHs ans#er denying his paternity #ith a counterclaim for damages$ ,his #as in the nature of a compromise of the right of support #hich is prohibited by la#$ (+rt, !035, Civil

by: sirdondee@gmail.com sirdondee@gmail.com Page Page Page 22 25of 24 23 of66 66 ofJes$ 66 66 ,he #hich Judgment" Be,% is )nterlocutory tantamount not ha eto *rder" jurisdiction remo Partial al #ithout Summary o er thecause" case Judgments because contrary ('((?) the to&fter total the &$ &fter foreign 4$ judgments$ alleged the in there judgment the complaint must & local had bejudgment become must bet#een al#ays may final" thebe be t#o apro enforced #rit cases ed$ of did ANSWER: (Sec. 1 #as o !"le 34.& defendant fundamental amount of has the guarantee demand ser ed and on e=clusi non!remo filede his of interest" al ans#er e=cept damages tofor plaintiffs cause$ of by motion e=ecution identity #ithin of issued parties" ficlaim e by years identity the and court$ of by subject &s action the matter" #ithin #rit #as and the is 1 8hen the is not purely personal and not SUGGESTED ANOT!ER ANSWER: &er QUESTION OF LAW is #hen the doubt or difference complaint %onsidering #hate 7ind" for that damages attorneyGs Pedro continued before fees" the litigation to proper occupy e=penses" 5,%" the disputed plaintiff and ne=tidentity returned fi e unsatisfied" years$ of causes (!"le the of 39& action$ plaintiff ,hat should (San isfiled not 0iego the a motion v.case #ith for by thereby e=tinguished" the party be substituted his c$ .o$ ,he court shall order the prosecutor to in estigate arises as to a#hat the la# is on amount a therein" certain set of facts" Car'ona, 70the Phil, !81 D19*0B% ser ed position #as and and filed P1B$ e=ercise motion -ts jurisdictional his;#ith functions supporting affida at the this its< proper time for a respect an order to re@uiring foreign judgments defendant to #hich appear cannot before be it costs" heirs or his e=ecutor or administrator$ (Sec. 16$ !"le 3& #hether or not a collusion bet#een the parties e=ists" #hile a QUESTION OF FACT is #hen the doubt or summary remedy should not is @uo judgment e=ceed #arranto" P4DD$DDD$DD in his not fa mandamus$ or (Sec. upon 33 M&ar o all 6.*. of es 6ig. v. his Court 129$ claims$ o" as enforced and to be by mere e=amined motion$ regarding his property and 2 -f the action is forto reco ery offor money arising and if there is no collusion" inter ene the (tate in from difference arises as to the truth or falsehood of 9vidence" Admissibility" P,otoco ies ('((() ALTERNATI E ANSWER: amended b, ser ed and filed his opposition ;#ith supporting Defendant income$ ?o# the court resol e the motion: contract" e=press implied" and thesubmitted defendant order see toshould it or that the e receipts idence isdies not before &rticle 1144 of the %i il %ode re@uires that an action -f the to photocopies of official and photocopies SUGGESTED ANSWER: alleged facts$ ($a-os v. Pe(si6Cola Bottling 19 issued !.1. .o. +((eals, !59 motion$ SC$+ 99 (1996%B affida its< to 7691&. the &fter due hearing" theCo., court ;21< entry of final judgment in the in #hich action fabricated$ (Sec. 3[:]$ !"le 9& ) court idence must ha the e to be #as SC$+ ALTERNATI E ANSWER: upon a judgment ;though #ithout distinction< must of affida its #ere attached to the position paper an order !89, D19670B%. pending at time of such death" it shall not be dismissed presented inthe accordance #ith the set do#n Jes" courtGs the court is correct in its the ruling$ lies Jurisdiction" 6abeas Cor us" of :inors ('((7) be brought #ithin 1D years from the time the right of ,he order to for#ard caseBandamus to the 5,% is submitted by plaintiff in Custody an re@uirements action for unla#ful but shall instead be allo#ed to no continue until entry of final not by the (upreme %ourt in her #hen the respondent unla#fully e=cludes another Judgment" Annulment of Judgment" 3rounds (199!) 8hile Barietta #as in place of #or7 in Ba7ati action accrues$ ,here seems cogent reason to proper$ -t should merely dismiss the complaint$ detainer filed #ith Bunicipal ,rial %ourt on #hich ;1< stating that the court has found no genuine issue judgment$ &Court fa orable judgment obtained the plaintiff 'nder $e(u3li vs. o"husband +((eals an' Molina SC$+ from enjoyment a right or office to 8hat areuse the the annulment of a %ity" her estranged %arlo barged into her e=clude foreign judgments from the operation of this (ec$ 3 and of grounds 5ule 16" for the court may dismiss the basis the court rendered judgment in fa or (!68 ofby plaintiff: as to the any material fact andof thus concluded that shall be enforced the manner pro ided in(ec$ theold rules for action 198.% #hich such other is entitled$ (Sec. 2$ !"le 65&. -n this judgment of the 5,% ;5,%<: 0212 house in ;21< Parana@ue %ity" abducted their si=!year rule" subject to thein re@uirements of 5ule 3A" 4> or claim" deny the motion or order the )=plain$ plaintiff is entitled to judgment in his fa or as a prosecuting claims against#hich thechild estate a hometo#n deceased person$ SUGGESTED ANSWER: SUGGESTED ANSWER: case" Pablo has not unla#fully e=cluded from son" Perci al" and the toof his of the 5ules of brought %ourt establishes certain amendment of e=cept the pleading but not to +abian for#ard the matter of la# as to the amount of damages Judgment" Judgment on t,e Pleadings ('((7) (Sec. 20$ ,he grounds for)lection annulment of judgment of the 5,% ,he claim of defendant is alid" because although the *ffice of 5egistrar$ ,he remedy of in Baguio %ity$ Despite BariettaGs pleas" %arlo re@uisites for pro ing the foreign judgment$ Pursuant case to another court$ reco erable" and ;2< accordingly ordering that -n a complaint for re@uires reco ery merely of realthe property" the are )=trinsic +raud and 4ac7of of @uo /urisdiction$ (Sec$ 2$ summary procedure submission +abian is to file an action #arranto in his refused to return their child$ Barietta" through to these pro isions" an action for the enforcement of plaintiff shall ha e judgment summarily against plaintiff a erred" among that he is the o#ner !"le 47$ 1997 of !"les o for (i)il *roced"re.& of position papers" themay eothers" idence submitted #ith the Parties" 8eat, a Party" 9ffect (199!) name against usurping the office$ (Sec. 5$ counsel" filed a petition for habeas corpus against the foreign judgment be brought at any time defendant for Pablo such amount as may be found due of the said property by irtue of a deed of sale 66& position paper must be admissible in e idence$ (Sec. 9 !"le & filed a complaint for the reco ery of o#nership of !"le 3& %arlo in the %ourt of &ppeals inthe Banila to compel #ithin 1D years from the time right of action plaintiff for damages" 7$year to be ascertained e=ecuted by the defendant in *roced"re&. his fa or$ %opy of the Judgment" 9nforcement" eriod (1997) by trial on o '3e !"le on son" S"mmar, land against B #ho #as oGcloc7 represented her counsel him to!e)ised produce their before the courtPhotocopies and for her accrues$ *ctober 7" 2DD4" at >K3D in theby morning$ Bay deed of 8eat, sale #as to (1999) the complaint as &nne= Judgment" Soundness" Attac,ment ('((') &" a resident of Dagupan %ity" secured a fa orable of official receipts and affida itsin are not admissible Parties" of aappended Party" N$ -n the course of the trial" B died$ ?o#e er" N to regain custody$ (he9ffect alleged the petition that defendant properly ta7e an appeal from said order: L&L thereof$ -nof his un erified ans#er" the defendant judgment ,he plaintiff in an ejectment obtained case a against #rit of N" apreliminary resident of Judgment" 9;ecution ending Aoriginals$ eal ('((') #ithout proof loss of the (Sec. 3 o !"le 8hen &her ;buyer< failed to pay the remaining balance of failed todefendant notify the court of BGs death$ ,he court despite efforts" she could no longer locate her *r" may properly challenge said order thru denied the allegation concerning the sale of the IueEon attachment %ity" upon from a the bond B,%of of P1 Banila$ million$ ,he ,he judgment" #rit #as 130& ,he trial court rendered judgment ordering the the contract price after it became due and demandable" proceeded hear the case and rendered judgment son$ a special ci to il action for1AA1" certiorari: 5eason$ ;51< property into @uestion" #ell as moral the deed of entered le ied B$ on on the 15 /une defendantHs had property" notfinal" as but yet it been #as &orum ing" 8efinition ('((+) -n his S,o comment" %arlo alleged thatappended the petition #as defendant pay theas plaintiff and e=emplary SUGGESTED ANSWER: B ;seller< sued him for collection before the 5,%$ against &fter the /udgment became a #rit of sale" for lac7 of 7no#ledge or information sufficient e=ecuted$ discharged a< upon -n /uly the 1AA6" posting & by decided the defendant to enforce of the a 8hat is forum shopping: ;2$51< .o" plaintiff may not properly ta7e an appeal from erroneously filed in the %ourt of &ppeals as the same damages$ ,he judgment #as ser ed on the plaintiff &fter both parties submitted their respecti e e idence" e=ecution #as issued against %" #ho being BGs sole SUGGESTED ANSWER: to form a belief as to the truth thereof$ -s it proper for judgment counterbond in the same amount of P1 million$ &fter said order because it is an interlocutory order" not a should ha e been filed in the +amily %ourt in Baguio on *ctober 1" 2DD1 and on the defendant on *ctober & perished in a plane accident$ %onse@uently" his heirs heir" ac@uired the property$ -f you #ere counsel of +orum shopping is the act of a party #hich consists of the B,%of Banila$ 8hat is4the procedure to %" be the court toaction render judgment #ithout trial: )=plain$ trial" the court rendered judgment finding that the final and appealable order (Sec. o !"le 35&. -t does %ity #hich" under 5epublic &ct defendant .o$ >36A" has 5" 2DD1$ *n *ctober >" 2DD1" the filed a brought an for the settlement of his estate and #hat course of action #ould you ta7e: 0312 of filing multiple suits" simultaneously or follo#ed by & in enforcing the judgment: b< 8ith ;41< plaintiff hadof no cause of or action against ;the not dispose the action proceeding Sec. defendant 1 o !"le e=clusi e appeal jurisdiction" ojudgment" er petition$ Barietta notice from the but the follo#ing mo edof for the dismissal the the collection suit$ SUGGESTED ANSWER: successi ely" for the of purpose of obtaining a #hat court should & institute the proceedings: and that he had sued out the #rit of attachment SUGGESTED ANSWER: 39 <$ replied that under 5ule 1D2 of the 5ules of %ourt" as day" *ctober A" deny 2DD1"the the plaintiff mo ed for for lac7 the Defendant cannot sale of the &.$. property (8e/son v. judgment 9""i e o" the 9-3u's-an, )o. 13*990, fa orable &s counsel of &ccordingly" %" - #ould mo the e to court set aside the #rit of maliciously$ dismissed the P&5,-&4 ('BB&5J /'D6B).,( are 1 8ill you grant the motion: )=plain$ ;21< amended" the petition may be filed in the %ourt of e=ecution of the judgment pending appeal$ ,he trial of 7no#ledge or information sufficient to form a belief +(ril !7, !000; Julien o v. C+, &.$. )o. 13169!, .une SUGGESTED ANSWER: e=ecution and the judgment for lac7 of jurisdiction and complaint and ordered the plaintiff and its surety to interlocutory$ ,here is still something to be done" #hich 2 8ill your ans#er be the same if & died #hile the &ppeals and if granted" the #rit of habeas corpus court the motion upon the posting by the as to granted the truth thereof$ ,he ans#er amounts to an 10,1999; Che-(hil 47(ort L ,-(ort Cor(. v. C+, &.$. ;a< &ofcan enforce the by another action due process in judgment the same court because the pay to the defendant P1$5 million as actual is thejointly trial for the adjudication of damages case is already on appeal to thea%ourt of &ppeals: )=plain$ lac7 shall be enforceable inthe the Philippines$ plaintiff of a 0e bond toany#here indemnify defendant )os. admission$ 11!*38639, ,he defendant e-3er 1!, must 1995%. er or state positi for ely re i ing the /udgment because it can no longer be judgment is oid$ -f N had notified the court of BGs (Provin e o" Pangasinan Court o" +((eals, SC$+ damages" PD$5 millionv.as moral damages!!0 and PD$5 ;21< ho# 8hose it is contention that he is is ignorant correct: )=plain$ the facts alleged$ (Phil, damages it may suffer as aof result of ;51< the e=ecution$ enforced by motion as the fi e!year period #ithin death" the as court #ould e ordered the substitution of D1993.; &uevarra v.ha Court o" +((eals, Phil. !*1 SUGGESTED ANSWER: &orum S,o ing" 9ffects" of Certification million e=emplary damages$ )!09 aluate the +'vertising ,n .0ac@ v.#hat $evilla, 3 -nCounselors, the same is the for effect if B died before 7!6 ,he court ga e as acase" special reason its ('((+) order the #hich a judgment may be enforced by motion has the deceased by %" the sole heir of B$ (Sec. 16 o !"le 3& BariettaGs contention is correct$ ,he %ourt of &ppeals D1983B% " but the defendant may properly challenge said ?oney filed #ith the 5egional ,rial %ourt" ,aal" soundness of the judgment from the point of ie# of the 5,% has rendered judgment: ;21< imminent insol ency of 8, the defendant$ -s the &.$. )o. 8631869, +ugust 1973; Se . 10, $ule 8% order of already e=pired$ (Sec. 6 o action ormerfor and ne% !"le (Sec. 39&. ,he court ac@uired no jurisdiction o er % upon #hom order thru a special ci il certiorari$ 1 has concurrent jurisdiction #ith the family courts and Batangas a complaint for specific performance procedure$ ;51< Boreo er" the genuineness and due e=ecution of the e=ecution pending appeal correct: 8hy: ;51< SUGGESTED ANSWER: [c] and 9ar. ojudgment !"le 41& are not binding$ the triallas' and the the (upreme %ourt in be petitions habeas corpus against +oronly lac7 of certification against forum deed ofBernie$ sale can denied for by the defendant ;b< & may institute the proceedings in the1*3; 5,% in ,he judgment against surety is 10* not sound if='a. due #here the custody of minors is at issue" SUGGESTED ANSWER: (2erreira us. ,3arra ='a.the 'e &onAales, Phil. shopping" judge dismissed the ?oneyGs under oaththe and failure to do so is complaint$ also an admission Judgment" Judgment on t,e Pleadings (1999) accordance #ith the rules of enue because the notice #as not gi en to him of the applicant for .o" because a#ards for moral and damages 'e la CruA vs. Court o" +((eals, 88 SC$+ 695; 8a#as us. not#ithstanding the pro ision in e=emplary the +amily %ourts la#yer filed (Sec. a motion reconsideration" attaching of the deed$ 8$ !"lefor 8& ?ence" a judgment on the enforcement a< of are the the /udgment grounds is for aer" judgment personal on action the damages$ (!"le 57$ sec. 20& 173.% Boreo the judgment cannot be the subject of e=ecution pending appeal$ ,he Court o" 8hat +((eals, 1*6 SC$+ - could also file an &?$ (!.1. .o. 8369& that family courts ha e e=clusi e thereto ancan amended complaint #ith the certification pleadings be rendered by the court #ithout need incapable pleadings: of ;21< pecuniary estimation$ against the surety cannot e=ceed the amount of its e=ecution of any cases$ a#ard (5hornton for moral and e=emplary action to annul the judgment for lac7 of jurisdiction jurisdiction in such v. 5hornton, &.$. against forum shopping$ -f you #ere the judge" ho# of a trial$ ALTERNATI E ANSWER: b< &Gs &ns#er admits the material allegations counterbond of P1 million$ damages is +ugust, dependent on the outcome of the main case$ )o. !00*% because %" as the successor of B" #as depri ed of #ill15*598, you resol e the motion: ;51< ;b< & %omplaint$ may institute thethe proceeding in a B,%#hich of BGs 4iabilities for moral and e=emplary damages" as #ell as due process and Bay should court ha e mo'" been 9ro9rio heard render before SUGGESTED ANSWER: Judgment" :andamus vs. Auo Barranto ('((1) has jurisdiction o er the area #here the real property Judgments" 9nforcement" 9;amination of 8efendant (!"le 47& Jurisdiction" 0ac@ of Jurisdiction" Pro er Action of t,e judgment on the pleadings: )=plain$ ;21< the e=act amounts remain uncertain and indefinite -f - #ere the judge" the motion should be denied after judgment$ Petitioner +abian #as appointed 5egistrar of ALTERNATI E ANSWER: in is brought situated$ (Sec. 1 o !"le 4&. her husband B ('((') c< ol ed& an action against Court ('((?) pending resolution by the %ourt of)lection &ppeals or (upreme hearing because" as e=pressly pro ided in the 5ules" failure the Bunicipality of (e illa supposedly to replace the 8hile there are decisions of the %ourt ,he plaintiff" a Banila resident" sued the defendant" a for annulment of their marriage on(upreme the ground of to comply #ith the re@uirement ofsum forum is not Plaintiff filed complaint for a of shopping money against %ourt$ D$CP, v.a 8antin, Judgment" 9nforcement" &oreign Judgment ('((7) respondent )lection 5egistrar Pablo #ho #as #hich hold that if the la#yer failed to notify the court resident of Balolos Bulacan" in the 5,%!Banila for a curable by mere amendment of the complaint or other psychological incapacity" B filed his &ns#er to the defendant #ith the Be,%!Ba7ati" the total amount of 13* SC$+ 395 (1985%; ,nternational S hool, ,n . v. Court 'nder 1144 of the il %ode" antherein action transferred to e=clusi another municipality #ithout of his clientGs death" court may proceed e the en initiatory pleading" but*7* shall be for the dismissal his of sum of&rticle money$ 8hen the sheriff tried to ser e %omplaint admitting all .e# the %i allegations the demand" e of cause interest" damages of o" +((eals, 309 SC$+ (1999%B. upon a substitution judgment be brought #ithin 1D years consent and #ho refused to other#ise accept his aforesaid #ithout of heirs and the judgment is alid the case" #ithout prejudice" unless pro e=penses" ided (Sec. ALTERNATI E ANSWER: summons #ith a must copy ofe the complaint on the contained$ Bay & mo for judgment on the #hate er 7ind" attorneyGs fees" litigation from the time the right of action accrues$ -s this 5$ !"le 7$ 1997 !"les o to (i)iland *roced"re&. ?o#e er" in theBogo trial Jes" because only moral e=emplary damages are transfer" much less acate his position and binding on the heirs of the deceased (2loren'o vs. defendant his Bulacan pleadings: at )=plain$ ;21< residence" the sheriff #as and costs" being P1"DDD"DDD$ -n due time" defendant court in the e=ercise of its sound discretion" may choose to pro ision applicable to an action filed in the a#arded in the judgment and they are not dependent to#n as election registrar" as in fact he continued to Colo-a, 1!9 SC$+ 30.%, as counsel of %" #ill assail SUGGESTED ANSWER: told that the defendant had gone to Banila for filed a motion to dismissthe the amendment complaint on the ground be liberal and aforesaid consider as substantial Philippines to enforce abe foreign judgment: )=plain$ a< ,he grounds for judgment onthe thee pleadings on other types of damages$ occupy his position and e=ercise his the judgment and e=ecution for lac7 of due process$ business and #ould not bac7 until ening of of the Be,%Gs lac7 of jurisdiction o er the subject compliance ;1D1< are #here an ans#er fails to tender an issue" or functions thereto$ Petitioner +abian then filed a that day$ (o" the sheriff ser ed the summons" together matter$ &fter due hearing" the Be,% ;1< ruled that the ALTERNATI E ANSWER: Boreo er" the motion foragainst e=ecution #asbut filed #hile other#ise admits the material allegations of the petition for mandamus Pablo the trial #ith a copy of the complaint" on the defendantHs court indeed jurisdiction o erv. the subject (&reat Southernlac7ed Mariti-e Servi es Cor(. + una, &.$. &rticle 1144 of the %i il %ode #hich re@uires that1>! an Parties" 8eat, ofpleading$ a Party" 9ffect (1999) the court had jurisdiction o er the case and #as in ad erse partyGs (Sec. 1$ !"le 34&. court dismissed +abianHs petition contending that @uo year!old daughter" #ho #as a college student$ +or the )o. 1*0189, 2e3ruar/ !8,!005; v. $5C o" Ea-3oanga matter of the complaintF andChan ;2< ordered that the case action upon a judgment ;though #ithout distinction< 8hat is the effect of the death of a party upon a b< .o" failure a motion be the filed by the ad erse possession of the original record$ #arranto the proper remedy$ -sto the court correct in 'el )orte, is &.$. )o. 1*9!53, +(ril 15, !00*; :/ v. 5,% 8an' defendantHs to must ans#er complaint #ithin therefore should be for#arded the proper must be brought #ithin 1D years from the time the pending action: ;21< party$ (Sec. 1$ !"le period" 34& ,he court cannot mo'" 9ro9rio BanC, &.$. 136100, .ul/ !*, !000%. its ruling: 8hy: ;51< the reglementary the trial of immediately$ 8as courtGs right of action accrues" does not court" apply on to motion an action SUGGESTED ANSWER: SUGGESTED ANSWER: -t is based on good the reason #hichruling is the concerning imminent render judgment on the pleadings$ the plaintiff" declared the defendant in default$ & jurisdiction correct: 8as the courtGs order to for#ard Jes" the court is correct in ruling$ Bandamus #ill 1$ 8hen the claim a if pending action is filed Philippines to enforce a foreign judgment$ 3en. les" Auestions ofits 0a2 vs.3A" Auestions c< in the .o" because e in en BGs ans#er topurely &Gs insol Princi ency of the defendant$ ;5ule sec$ 2< of &act month later" the trial court rendered judgment the case proper: )=plain briefly$ ;51< not lie$ ,his remedy applies only #here petitionerHs personal" the death of that either of themarriage parties e=tinguishes 8hile #e can say #here the la# does not ('((?) complaint for annulment of their admits all SUGGESTED ANSWER: holding the defendant liable for the entire amount right is founded clearly infrom la#" not #hen it is the claim and the action is dismissed$ distinguish" #e should not distinguish" still the la# Distinguish Iuestions of la# Iuestions of fact$ the allegations therein contained" the material facts prayed for the complaint$ doubtful$ Pablo #as transferred #ithout his consent does not e in idently contemplate the inclusion of
Remedial Law Bar Examination Q & A (1997-2006)
Version 1997-2006 !dated "# Dondee

1 .o" because the action #ill not be dismissed but shall instead be allo#ed to continue until entry of final judgment$ ;-d$< 2 .o$ -f & died #hile the case #as already on appeal in the %ourt of &ppeals" the case #ill continue because there is no entry yet of final judgment$ ;-d$< 3 ,he effect is the same$ ,he action #ill not be dismissed but #ill be allo#ed to continue until entry of final judgment$ ;-d$<

SUGGESTED ANSWER:

by: sirdondee@gmail.com sirdondee@gmail.com Page Page Page27 2A 26 2> of of of of 66 66 66 66 he attached" ,he being motion merely stating to the grounds dismiss should counsel$ of be his -s granted$ title the thereto" counterclaim /urisdiction andisser of must DJ e such be compulsory conferred affida it copyfrom not %onse@uently" of #hich date the of is &nne= receipt action of L&L of N the of has the *rder$ prescribed complaint ,he court #ith and plaintiffs judgment" e en if the dismissal not yet final$ D&oleA upon by not: the v. the contents 8eoni'as, (hould sheriff of 107 &%Gs #hile the SC$+ motion original the 187latter to (1981%B. complaint$ dismiss has possession the &mendments counterclaim of the are denied an respect made his to the motion integral threeon ;3< part the legitimate ground thereofF that children and the;2< *rder of that J #ho had to or attached not granted proper property" or and not: should 5eason$ and a becopy ;51< denied thereof #here upon the the court attaching has no already are prosecute indispensable become his complaint" final parties$ and plaintiff can no contracted longer be amended a la#yer" be Amendment Com laint"claimant By 0eave of Court ANOT!ER E ANSWER: party$Pleadings" (Sec. 14$ o er !"le the57& original ,heof third!party complaint and the purpose may also of to conform %%" for aALTERNATI fee #ith of(ection P5D$DDD$ 2" -n 5ule his6>$ ans#er" &ggrie defendant ed" &B jurisdiction ('((.) 'nder 175 of the +amily %ode" the of action SUGGESTED inter amendment ene or fileis aANSWER: to separate confer action jurisdiction to indicate on the court$ his claim to files a &rticle alleged" petition inter alia" for that certiorari he had against no 7no#ledge the %ourt and the the Jes$ counterclaim DJ filed" isthe compulsory must be brought #ithin the lifetime of N liability if the action &fter,he anin ans#er has of been can the because plaintiff ol ed and secure necessary reliefs"it %D$ 8ill mortgage the deed" petition and he for also certiorari denied prosper: any )=plain$ for the property is one #hich arises out of or is connected #ith the is based on a record of birth or an admission of amend his complaint" #ith lea e of court" by v. Caran'ang, &.$. )o. 867076, !8, not 1955%be such ($osario as preliminary injunction" #hich+(ril #ill ;51< plaintiffs contracting #ith a la#yer for a fee$ transaction or occurrence constituting the subject filiation in a ANSWER: public document or a pri ate hand#ritten considered changing entirely the nature of the action: 41 8hile a plaintiff is entitled to amend the complaint SUGGESTED as interference #ith a court of coordinate SUGGESTED ANSWER: Jes$ court in issuing an the *rder granting matter the opposing partyGs claim and does10$ not instrument signederred by J$ -n such case" action of N jurisdiction$ before aof responsi e pleading is ser ed (Sec. 2$ !"le Does ,he defendantGs ans#er as to plaintiffHs allegation Jes" the present rules allo# amendments 1997 !"les o (i)il *roced"re ; $e-ington ,n'ustrial Sales %DHs prayer for foreclosure of mortgage and ordering re@uire for its adjudication the presence of third has not prescribed$ (9ng v. 5ating, 1*9 SC$+ !65, D1987B% no$ 1 as #ell as no$ 2 sufficiently raise an issue of substantially altering the cannot nature of 133657, thejurisdiction cause of . Cor(oration v. Court o" +((eals, &.$.ac@uire )o. Ma/ !9, &B pay %D the full amount of the mortgage debt parties of #hom the court fact:to 5eason briefly$ ;51< !00! action$ &$ still" (Sec. a 3$ complaint !"le 10$ cannot 1977 !"les be amended o (i)il *roced"re# to confer ?o#e er" interest ifANSWER: the action is charges based on the open Parties" Claim ('((7) (Sec. 7 o %,ird$Party !"le 6&. including and other not later thanand 12D SUGGESTED v. o" +((eals, !80 SC$+ D1997B%. <eirs o" Mar elino Pago3o jurisdiction on a court #here870 there #as none to begin &s tofrom plaintiffs allegation no$ 1" defendant does ha note continuous possession of*rder$ the status of an illegitimate & Court obtained a money judgment against B$ &fter the days receipt of the ,he court should #ith$ ,he motion to dismiss of plaintiffs counsel should not sufficiently raiseshould an issue fact" because during he cannot child" the a action ha of e been brought the finality of the decision" the court issued a #rit of rendered judgment #hich is appealable$ (ince no ,his should only be true" ho#e er" #hen the be granted for because bringing in thereof$ plaintiffs counsel as a allege lac7 7no#ledge of thethe mortgage deed lifetime of of J$ -n such action of final Nsince has e=ecution the enforcement %onformably appeal #as ta7en" the case" judgment became on substantial change or alteration in the %o cause of action Pleadings" Amendment of sheriff Com laint" Conform defendant in the counterclaim is by 2C the he should ha 1AAA" e personal 7no#ledge as to of #hether prescribed$ #ithdefense the said #rit" the le authoriEed ied upon certain &ugust 25" #hich is the date entry he of or shall ser e the higher interests of 9vidence ('((?) 5ules$ 8here it is re@uired for thea grant of complete signed it or(Sec not 2$ and because he did not properties under BGs name$ % filed third!party claim judgment$ !"le 36& ?ence" &B deny had under up to substantial justice and pre ent delay and e@ually During plaintiff claiming #as able to counterclaim" present" #ithout Pleadings" Amendment of Com laint" ofof 1ig,t relief intrial" the determination of the the oath the genuineness and due e=ecution the o er said properties that Brules had #hich already December 24" 1AAA #ithin #hich to :atter pay the amount promote the laudable objecti e of the is objection on the part of defendant in an ejectment ('((7) court shall order the defendantGs counsel to be brought mortgage #hich an actionable document$ transferred the same to him$ & mo ed to deny the due$ (Sec. deed" 2$ !"le 68& is ,he court gra ely abused&s its to secure a just" speedy and ine=pensi e disposition of case" e jurisdiction idence sho#ing that ser ed on *n plaintiffHs Bay 12" 2DD5" the to plaintiff filed a complaint the in since o er can be obtained$ (Seand . 1! to allegation no$ or 2" defendant didinnot third!party claim and to him hold Bplaintiff and % jointly discretion amounting lac7 e=cess of jurisdiction e ery action and proceeding$ ;3alenEuela $ %ourt of defendant a #ritten demand to acate the subject 5,% of IueEon %ity for the collection of o" $ule 6; liable +urelioto v. him Courtfor o" +((eals, 196 judgment SC$+ 67* properly deny liability to plaintiffs se erally the money in denying &BHs motion as praying that %Dcontracting be directed &ppeals" 363 (%5& 77A 02DD12<$ property before the commencement of the both suit" a P25D"DDD$DD$ filed tofor dismiss D199*B%. counterclaim #as against #ith a la#yer for adefendant fee$ ?e did nota e motion en deny lac7 alleging?ere" that Bthe had transferred said properties to % the to to recei e the ,he amount tendered$ matter not alleged or other#ise set forth in the the complaint on the ground that the court had no plaintiff and his la#yer #holaint" allegedly maliciously of 7no#ledge$ (Sec. 10 o !"le 8&. defraud him ;&<$ Pleadings" Amendment of Com By 0eave of Court" pleadings on file$ Bay the corresponding pleading Petition for 1elief Action for since Annulment ('((') amount jurisdiction o erthe action the claimed induced the plaintiff to file the suit$ Prescri tive Period ('((() still be amended to conform to the e idence: )=plain$ Pleadings" Certification Against &orum S,o ing ('((() Bay an order denying the probate of a #ill still be &fter due hearing" the court denied the third!party of P25D"DDD$DD is #ithin the e=clusi e jurisdiction of N" an illegitimate child of J" celebrated her 1>th ALTERNATI E ANSWER: ;51< &s counsel for &" B" % and D" &tty$ NJ prepared a o erturned after the period to appeal therefrom has claim and rendered an amended decision declaring B the Betropolitan ,rial %ourt" of IueEon %ity$ Before birthday onANSWER: Bay should 2" 1AA6$ & monthbecause before ither SUGGESTED ,he counterclaim be dismissed is complaint for reco ery of possession of a parcel of lapsed: 8hy: ;31< and % ,he jointly and se erally liable to & for the money the court could resol e the motion" the plaintiff" birthday" J died$ ,he legitimate family of J still refused Jes$ corresponding pleading may be not a compulsory counterclaim$ 8hen a la#yer files SUGGESTED ANSWER: land against O$ Before filling the complaint" NJ judgment$ -s the ruling of the correct: )=plain$ #ithout lea e of court" amended his complaint to to recogniEe N as an he illegitimate child J$ &fter amended to to the court e idence" because Jes" an denying the probate of #ill may be a case for aconform client" should not be of sued onthe a disco ered that his clients notconsisting a a ailable to ;41< allege aorder ne# cause of #ere action insign the countless efforts to con ince them" N filed on &pril #ritten demand to acate" made prior to the o erturned after the period to appeal therefrom has counterclaim in the ery same case he has filed as SUGGESTED ANSWER: the certification of non!forum shopping$ ,o a oid inclusion of an additional amount of P2DD"DDD$DD" 25" anshould action recognition against O" #ife of commencement of for the ejectment suit" #as presented lapsed$ P),-,-*. +*5 5)4-)+ may be filedNJ on .*$2DDD % has not been properly as a party counsel$ -t be filed in aimpleaded separate and distinct further delays in the filing of theto complaint" thereby & increasing his total claim P45D"DDD$DDD$ J$ &fter O filed her ans#er on &ugust 14" 2DDD" N by the plaintiff in e idence #ithout objection on the grounds of fraud" accident" mista7e or e=cusable defendant$ ?e cannot held liable for the judgment ci il action$ (ChaveA v. be San'igan3a/an, 193 SC$+ !8!the signed the certification and immediately filed ,he plaintiff thereafter filed his opposition to the the filed a motion for lea e to file an amended complaint part of the defendant$ ) en if thesince demand to acate D1991B% negligence #ithin a -s period si=ty days against & #ithout a trial$ -n fact" no bond #as complaint court$ NJ of justified in the motion to in dismiss" claiming that ;6D< thesigning 5,%after had and a motion to admit the said amended complaint #as jurisdictional" still" the amendment proposed #as the petitioner learns of the judgment or final order filed by B" the sheriff is liable to % for damages$ % certification: 8hy: ;51< jurisdiction" o er his action$ 5ule on the motion of the impleading the three ;3< legitimate children of J$ ,he Pleadings" :otions" Bill of Particulars ('((.) to conform to the e idence that #as already in the SUGGESTED ANSWER: and not more than si= ;6< months after such can file a separate action to enforce his third!party defendant #ithcannot reasons$ ;41< trial court admitted the amended complaint 1 8hen can a bill of particulars a on ailed of: record and not tosuit confer jurisdiction on the&ugust court" .*" counsel the anti!forum judgment or final ordersign #as entered D$ule 38, shopping se s. 1 L claim$ -t is in that that B can raisebe the ground of 22" 2DDD$ 8hat is the effect of the admission of the 2 8hat is the effect of non!compliance #ith #hich is not allo#ed$ +ailure to amend" ho#e er" +si, 100 Phil. (1957%B.it must be e=ecuted by the certification because SUGGESTED ANSWER: 3; Soriano v. 785 fraud against %$ ?o#e er" the e=ecution may proceed amended complaint: ?as the action of N prescribed: ,he motion to principal dismiss should be himself denied$ Basic rule the order of a bill of particulars: 41 does not affect the result of the trial on these issues$ Pplaintiff or partyQ (Se . is 5, the $ule 7; #here there is a finding that the claim is fraudulent$ SUGGESTED that a motion to dismiss is not a responsi e pleading$ &n or(iAo &%,-*. +*5 &..'4B)., may also be filed" )=plain$ ;51< ;(ec$ 5 of 5ule 1D<$ &.$. )o. 1*0889, Ma/ 9, !00!% 47 v. :niversit/ o" Baguio, 306 SC$+ *97, D1999B% (5anongan v. ANSWER: Sa-son, SUGGESTED ANSWER: :n'er the $ules, a (lea'er -a/ a-en' his (lea'ing as 1 Before responding to a pleading" a party may on thethe ground e=trinsic fraud #ithin four ;4< years since rule of re@uires personal 7no#ledge by the .o$ ,he action filed on &pril 25" still-n #ithin the a -atter o" right 3e"ore the other (art/ has serve' his &4,)5.&,-3) -t2DDD depends$ forcible mo e for a bill or &.(8)5K particulars of any is matter #hich is Petition for Certiorari ('((() from e=ecuting its disco the ery" certification" and if based on lac7 of party '.4)(( counsel four!year prescripti e period #hich started to run on res(onsive (lea'ing $ (Sec. 2$ !"le 10$ !"les o (o"r'& ,he entry" the motion may be allo#ed at the discretion of not a erred #ith sufficient definiteness or &B mortgaged his property to %D$ &B failed to pay jurisdiction" before it #hy is barred laches gi es a reason he isby not able or to estoppel$ secure his Bay 2" 1AA6$ ,he amended complaint impleading court" ingood allo#ing (!"le 47$ secs. 2 7 3&the amendment" #ould not be acting the court" the demand ha ing been presented at the the particularity to enable him properly to prepare his his obligation and %D filed an action for foreclosure clientsH signatures and sho#s that his clients #ill be three legitimate children" though admitted on &ugust #ithout jurisdiction because allo#ing an amendment as a trial #ithout objection on the part of the defendant$ -n responsi e pleading$ -f the pleading is a reply" the of &fterthe trial" the court issued e anperiod" *rder depri ed of substantial justice (9rtiA of v. discretion$ Court o" 22" mortgage$ 2DDD beyond four!year prescripti matter of right does not re@uire the e=ercise Petition for 1elief" )n/unction ('((') unla#ful detainer" ho#e er" the demand to acate is motion must be filed #ithin ten ;1D< days from granting foreclosure of mortgage and +((eals, SC$+ 708, or and unless he is ,he court !99 therefore #ould notD1998B% be LactingL retroacts %DHs to the prayer date offor filing of the original complaint$ & default judgment #as rendered by thus" the could 5,% jurisdictional and since the court did not ac@uire ser ice thereof$ (Sec. 1 o !"le 12& ordering &Bimpleading to pay %D full amount the not ha e acted #ithout jurisdiction$ -t through #ould ha e been authoriEed to sign it by his clients a special &mendments ne#the defendants retroactof to the ordering D to pay P a sum of money$ ,he judgment jurisdiction from the beginning" the motion to mortgage including interest and#ith" other charges 2 -f debt the order is ery not complied the court different the amendments been made after a responsi e po#er ofhad attorney$ date of the filing of the complaint because they do not became final" but D filed a petition for relief and conform to the e idence cannot be entertained$ ,he Parties" %,ird Party Claim ('((() not later than days from receipt or of the the pleading had been ser ed$ ,he court then #ould ha e been may order the12D stri7ing out ofdate the of pleading constitute a ne# cause of action$ obtained #rit of is preliminary injunction the Pleadings" Counterclaim against t,eor Counsel of in t,e amendment cannot be allo#ed because it #ill in e=ercising its discretion in allo#ing disallo#ing the /9Hs real a property being attached by the staying sheriff a *rder$ &B recei ed the *rder on &ugust 1D" 1AAA$ portions thereof to #hich the order #as directed or (=erAosa v. Court o" +((eals, !99 SC$+ 100 D1998B%. enforcement of the judgment$ &fter hearing" the 5,% Plaintiff ('((?) amendment$ -t cannot do so ho#e er" because it #ould be effect confer jurisdiction #hen there is other#ise no ci il action for damages against 4B$ /9 claims that .o other proceeding too7 place thereafter$ *n ma7e such other order it deems just$ (Sec. 4o !"le ;.oteK ,he four!year period isas based on &rticle 2>5 of the %i il %ode< dismissed DHs #hereupon immediately then on an petition" amendment of a complaint o er #hich it PN filed suit for damages against DJ$ -n his ALTERNATI E ANSWER: jurisdiction$ he isacting not aa party to the caseF that his P property is not December 2D" 1AAA" &B tendered the full amount 12& has no (Sole'a' v. Ma-angun, mo edjurisdiction$ for the e=ecution the judgment in8617983, his or$ 'nder the 5ules of %i Procedure" if an ans#er" DJ incorporated aand counterclaim for damages in ol ed in said caseF of that &.$. he )o. is thefasole adjudged by1AA7 the court to %D butil the latter refused to (hould PHs motion be granted: 8hy: ;31< additional defendant is impleaded in a later pleading" against PN and &%" counsel for plaintiff in said suit" registered o#ner of said property$ 'nder the 5ules of accept it on the ground that the amount #as tendered SUGGESTED ANSWER: the action commenced #ith regard him on &B the alleging in said counterclaim" inter that &%" as %ourt" #hat must /9 do pre ent alia" the (heriff from beyond theis 12D!day period granted by to the court$ PHs immediate motion forto e=ecution of the judgment Pleadings" Ans2er" 8efense" S ecific 8enial ('((?) date of the filing of such later pleading" irrespecti e such counsel" maliciously induced PN to bring the attaching hisshould property: ;51< because the dismissal filed a motion in the same court praying that %D be in his fa or be granted -n his complaint for foreclosure of mortgage to #hich SUGGESTED ANSER: Ma/ 30, 1963; &u-a3a/ Baralin, &.$. )o. 8630683, of #hether the motion for its admission" if necessary" suit against DJ despite v. &%Gs 7no#ledge of its utter directed to recei e the amount tendered by him on the of DHs petition for has relief also dissol es the #rit of #as dulyby attached a (Sec. copy5 of the 1&. mortgage deed" -f the real property been attached" the remedy is Ma/ 31, 1977; Pru'en e $ealt/ v. C+, &.$. )o. 110!7*, is denied !"le lac7 of factual and legal basis$ -n due time" &% filed ground that the thecourt$ *rder doeso not comply #ith the preliminary injunction staying the enforcement of Mar h !1, 199*% plaintiff PP alleged inter alia as follo#sK ;1< that tomotion file a third!party claim$ ,he third!party claimant a to E dismiss the counterclaim as against him pro isions of (ection 2" 5ule 6> of the 5ules of %ourt ALTERNATI ANSWER: the defendant DD duly e=ecuted the mortgage deed" should an that affida ofnot his a title to the property on the ma7e ground he itis proper party to the #hich gi e &B 12D days from entry of judgment" and case" Version 1997-2006 !dated "# Dondee
Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com sirdondee@gmail.com Page Page 3D of 3166 of 66 preliminary Provisional (1999) injury to the may 1emedies" cause gra Attac,ment e and irreparable dissol e the e=ecuted and #rit signed ofby preliminary N and J t#o attachment #ee7s after on the the injunction a case" the property of an incompetent under enjoined$ contract of groundsK follo#ing sale #as e=ecuted$ ;i< the court ,he contract did not of ac@uire lease party -n guardianship #as in custodia legis$ %an it be #as attachedoto jurisdiction erthe his ans#er$ personNbecause does notthe file#rit a reply$ #as Provisional 1emedies" )n/unction ('((.) attached: )=plain$ ;21< 8hat ser ed isahead the effect of theofsummonsF the non!filing ;ii< the of #rit a reply: #as SUGGESTED %an a suit ANSWER: for injunction be aptly filed #ith the )=plain$ ;31< improperly implementedF and ;iii< said #rit #as &lthough the property of the an incompetent under SUGGESTED ANSWER: (upreme %ourt to stop President of the impro idently issued because the obligation in & reply is generally optional$ -f it is not filed" the ne# guardianship is in custodia legis" it may be attached Philippines from entering into a peace agreement #ith @uestion #as already fully paid$ 5esol e the motion matters alleged in the ans#er are deemed contro erted$ as fact it is pro ided +ront: that in ;41< such case" a copy of thein .ational Democratic #ith reasons$ ;41< (Sec. 10 o !"le 6&. ?o#e er" since the contract of lease the #rit of attachment SUGGESTED ANSWER: shall be filed #ith the proper SUGGESTED ANSWER: attached to the is the of the e defense" byof not .o" a suit injunction aptly ser be filed #ith the ,he motion toans#er dismiss andbasis to dissol the #rit court and for notice of the cannot attachment ed upon filing a reply denying under oath the genuineness and (upreme %ourt to stop (Sec. the7$ las' President preliminary attachment should be denied$ custodian of such property$ 9ar.$ !"leof 57& the due e=ecution of said the plaintiff #as is deemed to ;1< ,he fact that the contract" #rit of attachment ser ed Philippines from entering into a peace agreement #ith ha e admitted the genuineness and due e=ecution thereof$ Provisional 1emedies" Attac,ment (1999) ahead of the summons did not affect the jurisdiction the .ational Democratic +ront" #hich is a purely (Se s. 7 an' 8 Bay damages be claimed by ). a party prejudiced by304 a of the court o er his person$ -t ma7es the #rit" political @uestion$ (;adarang San'amaria$ 37 *3il. #rongful attachment e of en the if the judgment is ad erse $ule 8; 5ori3io v.(Sec. Bi'in, SC$+ D1985B%. unenforceable$ 5$13! !"le. 57& 16! ?o#e er" all that is [1917]&. ,he President Philippines immune to him: )=plain$ ;21< needed to be done is to re!ser e the #rit$ (9nate v. from suit$ Pre/udicial Auestion" 9/ectment vs.!3, S 1985% ecific Performance SUGGESTED ANSWER: +3rogar, &M. )o. 197393, 2e3ruar/ Jes" damages may be claimed by a party 1emedy prejudiced ('((() Provisional 1emedies" )n/unctions" Ancillary vs. by a Action #rongful attachment e en if the judgment is BB ,he files #rit a complaint for ejectment in the B,%on the ;2< #as improperly implemented$ (er ing a :ain ('((+) ad erse to him$ ,his is authoriEedas by an the ancillary 5ules$ & groundof of non!payment of rentalsbefore against //$ &fter notice garnishment" particularly summons is Distinguish bet#een injunction claim" for be made on;2$51< account of t#o ed" days" files in the a complaint BB ser is // not proper$ -t 5,% should be a copyagainst of the #rit remedy and damages injunctionmay as a main action$ SUGGESTED ANSWER: improper" irregular or e=cessi e attachment" #hich forattachment specific performance to ser enforce option to of that should be ed on the the defendant" -njunction as #ith an notice ancillary remedy to his the shall be heard to the ad erserefers party and purchase the parcel of land subject of the and a notice that the ban7 deposits areejectment attached preliminary injunction #hich re@uires the v. e=istence surety or sureties$ (Se . !0, $ule 57; .avellana 0. 9. case$ 8hat is #rit$ the (Sec. effect of !"le //Hs action on BBHs pursuant to the 7[d]$ 57& PlaAa ,n ., 3! SC$+ of a 4nter(rises pending principal caseF!81.% #hile injunction as a complaint: )=plain$ ;51< SUGGESTED ANSWER: main action refers to the principal case itself that ;3< ,he #rit #as impro idently issued if indeed it Provisional 1emedies" Attac,ment ('((1) ,here is no ,he ejectment in ol es prays for the remedy of permanently restraining the can be sho#n effect$ that the obligation #ascase already fully Bay a #rit of preliminary attachment be issued e=! possession de facto only$ ,he action tomain enforce the ad erse party from doing or not doing the act paid$ ,he #rit is only ancillary to the action$ parte: Briefly state the reason;s< for your ans#er$ option purchase not payment suspend of the action of complained of$ (Sec. 13$to !"le 57& ,he #ill alleged the account ;31< Provisional 1emedies" )n/unctions" )ssuance 2Cout Bond ejectment for e non!payment of rentals$ +uto cannot" ser as a ground for (Iill-an resol ing the SUGGESTED ANSWER: Su((l/ Cor(. v. Court o" +((eals, !08 SC$+ 108 D199!B%. ('((+) impro ident issuance of the #rit" because this matter Jes" an order of attachment may be issued e=!parte Bay a 5egional ,rial %ourt issue injunction #ithout del es into the merits of the case" and re@uires full! or upon motion #ith notice and hearing$ (Sec. 2 o !"le Pre$%rial" 1e<uirements ('((1) bond: ;21< blo#n trial$ Payment" ho#e er" ser es as a ground 57& ,he reason #hy the order may be issued e= parte 4ilio filed a complaint in the Bunicipal ,rial %ourt SUGGESTED ANSWER: for a motion to dismiss$ isK that re@uiring notice ad is erse party and a Jes" if the injunction thatto is the issued a final injunction$ of 4anuEa for the reco ery of a sum against /uan$ hearing #ould defeat the purpose of the pro isional 6enerally" ho#e er" preliminary injunction cannot issue ,he latter filed his ans#er to the complaint ser ing a Provisional 1emedies" Attac,ment vs. 3arnis,ment remedy and enable ad erse by party abscond #ithout bond unlessthe e=empted theto trial court or (Sec. copy thereof on 4ilio$ &fter the filing of the ans#er (1999) dispose of his property before a #rit of attachment 4[b] o !"le 58&. of /uan" #hose duty is it to ha e the case set for pre! Distinguish attachment from garnishment$ ;21< issues$ (Min'anao Savings an' 8oan +sso iation, ,n . v. trial: 8hy: ;51< SUGGESTED ANSWER: Court o" +((eals, 17! SC$+ *80%. 1e<uisites ('((+) SUGGESTED Provisional 1emedies" )n/unctions" &ttachment ANSWER: and garnishment are distinguished from &fter the filing of the ans#er of /uan" the P4&-.,-++ 8hat are the re@uisites for the issuance of ;a< a #rit each other as follo#sK &,,&%?B)., is a Provisional 1emedies" Attac,ment ('((7) has duty to promptly mo eae= that the case of preliminary injunctionF and ;b< a final #rit of pro the isional remedy that effects le parte y on property of a 9aty filed an action against ,yrone for collection of be set as forsecurity pre!trial$ (Sec. 1$ !"le18&. ,he reason is that it injunction: 5e@uisites for the issuance of aK party for the satisfaction of any judgment the sum of P1 Billion in the 5,%" #ith an e=!parte is the plaintiff #hoered" 7no#s #hen the last pleading is has that may be reco #hile 6&5.-(?B)., a application a #rit of preliminary attachment$ 'pon SUGGESTEDfor ANSWER: been filed anddue it isthe the plaintiff obligor #ho has the duty to le y on debts judgment or defendant posting of an attachment the court the a$ 8rit of Preliminary bond" -njunction (Sec. granted 4$ !"le 58 prosecute$ and other credits" including ban7 deposits" royalties application and issued a #rit of preliminary ALTERNATI E ANSWER: 1997 !"les o (i)il *roced"re& are R and other personal property not ofduty manual -n the e ent the plaintiff files a capable reply" his to attachment$ &pprehensi e that ,yrone might ;1< & erified complaint deli ery a be #rit or aafter #ritthe of mo e thatunder the case setof fore=ecution pre!trial arises #ithdra# his sa ings deposit #ith the ban7" the ;2< ,he e=istence of a right in sho#ingF attachment$ reply has been ser ed and filed$ sheriff immediately ser ed of garnishment on ;3< 3iolation or threat ofa notice iolation of such esseF the ban7 to implement the #rit of preliminary ;4< Damages or injuries sustained or that #ill be rightF Provisional )n/unction ('((1) Provisional 1emedies" 1emedies (1999) attachment$ follo#ing the sheriff proceeded sustained by,he reason of such day" iolationF Bay a #rit of preliminary injunction be issued e=! 8hat are the pro isional remedies under the rules: ;5< .otice to all parties of raffle and of hearingF to ,yroneGs house and ser ed him the summons" Pleadings" 1e ly" 9ffect of =on$&iling of 1e ly ('((() #ith parte: ;21< 8hy: ;31< ;6< ?earing on the applicationF copies of the complaint containing N files a complaint in the 5,% for the the application reco ery offor a SUGGESTED ANSWER: SUGGESTED ANSWER: ;7< +iling of #ith an attachment" appropriate bond affida and ser ice #rit of preliminary 9atyGs it" order .o" a #rit of preliminary injunction may not be sum of money damages against J$ J files his ,he pro isional remedies under the rules are thereof$ of attachment" of preliminary attachment and issued e= parte$ &s pro ided in the 5ules" no ans#er denying #rit liability under the contract of sale preliminary attachment" preliminary injunction" attachment bond$ preliminary injunction shall be granted #ithout and praying for the dismissal of the complaint on the recei ership" reple in" and support pendente lite$ (!"les hearing and prior notice to the party or person sought ground of lac7 of cause of action because the contract 57 'o 61$ !"les o (o"r'&. 8ithin fifteen ;15< days from ser ice of the to be enjoined$ (Sec. 5 o !"le 58& ,he reason is that a of sale #as superseded by a contract of lease" summons" ,yrone filed a motion to dismiss and to
Remedial Law Bar Examination Q & A (1997-2006)
Version 1997-2006 !dated "# Dondee

by: sirdondee@gmail.com sirdondee@gmail.comPage Page 32 33 34 of of 66 of 66 #ai 8as 66 ed" there thereser motion is ed no Provisional 1emedies" ('((+) or instituted for 5econsideration nor any prior plain" to filed its speedy filing" #ithin and thethe accused ade@uate reglementary may remedy be period: ordered in the on /une appeal" 16"the 1AAA$ plaintiff *n%1* /une is deemed 13" 1AAA" to ha JJJ" e #ai#ho ed his did appeal Provisional 1emedies" 1eceivers,i ('((1) Define temporary restraining ;,5*<$ ;21< for ordinary to pro ide )=plain$ ;51< course support of la#" pendente to belite filed to #ithin the child si=ty born ;6D< todays the right not to a appeal" present e filed idence$ #ith ;-d$< theorder 5,% a motion SUGGESTED SUGGESTED ANSWER: /oa@uin against /ose for the from offended notice party of the allegedly judgment" because order of or the resolution crime$ subject (Sec. 6 of o appro filed al ANSWER: of a thecomplaint %ompromise &greement$ NNN & temporary restraining is an order issued to a the Jes" because S ecial Civil of Action" 9/ectment !"lepetition$ 61.& foreclosure amind mortgage of (1997) a furniture factory #ith ;(ecs$ 1the andlast 4$< day of filing a motion for changed his and order opposed the motion on the restrain thethat opposite party and to maintain the status reconsideration #as Barch 15 if +ebruary had 2> *n 1D /anuary 1AAD" N leased the #arehouse of the & large number of the machinery and no e@uipment$ During ground 5,% has more jurisdiction$ @uo until a hearing for determining the propriety of days or Barch 16 if +ebruary had 2A days$ &lthough ADDITIONAL ANSWER: Provisional 1emedies" Su ort Pendente 0ite ('((1) under a lease contract #ith asuit" period of firecords e years$ *n pendency of the foreclosure /oa@uin learned from 5ule on the motion assuming that the ha e 1< -n appeal by certiorari under 5ule 45" the granting a preliminary injunction (Sec. 4[c] and [d]$ the original motion for reconsideration #as defecti e Bodesto #as accused of seduction by 3irginia" a D> /une 1AA6" & filed unla#ful detainer case reliable sources that /osean #as @uietly and gradually not yet been for#arded to the %&$ ;21< !"le 58$1997 !"les o (i)il *roced"re&. petitioner and respondent are the original parties to SUGGESTED ANSWER: because it lac7ed a notice of hearing" the defect #as poor" unemployed young girl" #ho has a child by against N #ithout prior demand for N to acate the disposing of some a of his machinery and e@uipment to action and court is not impleaded$ 1 &n appeal from the also 5,% engaged to the %ourt of the cured on 3irginia timethe bylo#er its filing on Barch 15 of-na Bodesto$ #as in dire need of pecuniary premises$ a businessman friend #ho #as in Provisional 1emedies" %1* vs. Status Auo *rder ('((+) certiorari" under 5ule 65" the lo#er court is supplemental pleading" pro ided that motion #as set &ppeals is deemedhis perfected asthat to appellant upon the assistance to 7eep her child" not to say of herself" ;a< %an N contest ejectment on the the ground that furniture manufacturing such from confirmed Differentiate a ,5* from a status @uo order$ ;21< impleaded$ for hearing and ser ed on the ad erse party at least filing of a/oa@uin notice of appeal in the 5,% in timethe or #ithin ali e$ ,he criminal case is still pending in court and there #as no prior demand for him to due acate reports gathered" the machinery and SUGGESTED ANSWER: -n ;3< appeal by certiorari" the filing of crime a (Sec. motion for three days before the date of of hearing$ 4$ !"le the reglementary period of appeal$ &n appeal by record premises: although the ci il liability aspect the has not e@uipment left #ith /ose #ere no longer sufficient to on 2< & status @uo order ;(I*< is more in the nature of a ALTERNATI E ANSWER: reconsideration is not re@uired" #hile in the special ;b< -n case the Bunicipal ,rial %ourt renders 15& $ appeal is deemed perfected as to the appellant #ith respect been #ai ed or reser ed for a separate ci il action" ans#er for the latterHs mortgage indebtedness$ -n the cease and desist order" since it does not direct the (ince the supplemental pleading #as is not set for iltrial action of certiorari" a motion generally judgment fa or ofthereof &" is the judgment immediately to the subject matter upon appro of the record ci the for the casecure #assuch foreseen toof ta7e t#o long meantime judgment #as rendered the al court in doing or in undoing of acts" as the inby the case of hearing" it did not the defect the original re@uired$ e=ecutory: on appeal filed in due time$ (Sec. 9$ !"le 41& years because of the hea ily clogged court calendar fa or of /oa@uin but the same is not yet final$ prohibitory or mandatory injuncti e relief$ & ,5* is motion$ 2 of NNN 5,% no more before the judgment may be rendered$ -f you #ere only good,he for contention 2D days if issued bythat the the 5,%F 6Dhas days SUGGESTED ANSWER: jurisdiction er%&F the case not correct atby the time b$ the la#yer 3irginia" #hat action should you ta7e if issued by o the until is further noticebecause if issued 1emedies" Aof eal toa SC" A eals to CA ('((') is because as general rule" certiorari proper 9no#ing #hat to /ose hase been doing$ -f had you been #erefiled" to .*" that the motion appro the compromise help 3irginia in the meantime especially #ith the the (%$ ,he (I* is #ithout any prescripti e period a< there is 8hat are the of appeal to er" the if no appeal (Sec. modes 1 o !"le 65.& ?o#e if /oa@uinHs la#yer" #hat action #ould you ta7eBesides" to the period of appeal of JJJ had not yet e=pired$ problem of feeding the child: ;51< and may be issued #ithout a bond$ & ,5* dies a (upreme %ourt: ;21< appeal is not a speedy and ade@uate remedy" SUGGESTED ANSWER: preser #hate er remaining machinery and e en if ethat period e=pired" the records b< help %omment a meantime" proposal toher amend 122" natural death after had the already allo#able periodF the (I* of the certiorari may be resorted to$ (4 haus v.5ule Court o" ,o 3irginia inon the la#yer should e@uipment are left #ith /ose: 8hy: ;51< case had not yet been for#arded to(I* the %ourt of &ppeals$ +((eals, (ection 2;b<" in relation to (ection 3;c<" of the does not$ & ,5* is pro isional$ lasts until 199 SC$+ 381.% %ertiorari is sanctioned" apply for S"99or' *enden'e /i'e as pro ided in the SUGGESTED ANSWER: ,he rules&pro ide in appeals by notice of appeal" the e 5e 5ules of a %riminal to pro ide for re ,5* isthat not but the (I* may enised if -n appeal is ailable" Procedure on the the basis patent" ,o o7ed$ preser e #hate ere=tendible" remaining machinery and 5ules$ criminal actions #here ciof il aliability court loses jurisdiction o er the case upon the perfection of capricious appeal to support the %ourt of &ppeals from decisions be subject to agreement of the/oa@uinHs parties$ la#yer should and #himsical e=ercise of discretion byof a e@uipment are left #ith /ose" included for the offspring asthe a conse@uence the appeals filed in due time and the e=piration of the time trial the 5,% in criminal cases" #here the penalty judge as #hen an appeal #ill not promptly file a erified application for the appointment by the of the crime and the ci il aspect thereof has not been Provisional 1emedies" CA Justice 8e t. ('((+) to appeal of the other %1*" parties$ imposed is reser reclusion perpetua or life relie e petitioner from the injurious effects of the court of one or more recei ers$ ,he 5ules pro ide #ai ed or ed for a separate ci imprisonment" il action" Bay a justice of a Di ision of the %ourt of &ppeals (=as>ueA vs. $o3illa6+lenio, !71 SC$+ 67% subject to the right of the accused to appeal to the disputed order that recei ership is proper in an action by the accused may be ordered to pro ide support pendent issue a ,5*: ;21< (upreme %ourt$ ;31< mortgagee for the foreclosure of a mortgage #hen it elite to the child born to Pro the offended party$ (Sec. 6 o SUGGESTED ANSWER: 1emedies" 8ecision" er 1emedy ('((?) SUGGESTED ANSWER: (Sec. 9$ '3ird !"le 41& !"le 61& 5oid appears that9ar.$ the property danger being #asted Jes" a justice of a di ision is ofin the %ourt of of &ppeals may &$ ,he modes in of an appeal to the &fter plaintiff ordinary ci (upreme il action %ourt beforeareK the or dissipated materially injured and that5> its and alue is issue a ,5*"oras authoriEed under 5ule by ;a< &PP)&4 BJ %)5,-*5&5on pure @uestions of 5,%F OO has completed presentation of his e idence" ,he rules also pro ide that prior to the transmittal of Provisional 1emedies" %1* ('((1) probably insufficient to the discharge mortgage debt$ (ection 5" 5ule -3 of -5%& the #hich additionally la# under 5ule 45 through a petition for re ie# on defendant #ithout prior lea e of court mo ed for the record" the court may" among others" appro e &n application for a #rit of preliminary injunction (Sec. 1 o that !"le the 59&. action shall be submitted on the ne=t re@uires certiorariF and ;b< &PP)&4 in criminal dismissal of plaintiffs complaint for insufficiency of compromises$ (Sec. 9$ i '3 9ar.$ !"le 41& ;.oteK /une 13" #ith a prayer for*5D-.&5J a temporary restraining order is #or7ing day to the absent members of the di ision for cases through a notice of due appeal from plaintiffHs ea idence$ &fter hearing ofcon the ictions motion Provisional 1emedies" 1e levin (1999) the date of the filing of the motion for appro al of included in complaint and filed in a multi!sala 5,% the ratification" modification or recall (<eirs o" the imposing reclusion perpetua or life or and the opposition thereto" the court issued urgent an order" 8hat is 5eple in: ;21< the %ompromise &greement" appears to be a clerical consisting of Branches 1"2"3 and 4$ imprisonment Being in late .usti e .ose B.8. $e/es v. Court o" +((eals, &.$. )os. SUGGESTED ANSWER: #here a the lesser penalty is in ol ed but forsitting offenses reading as )=ecuti follo#sK ,he %ourt hereby grants error< nature" e /udge" #ho #as in 135*!56!6, )ove-3er 1*, 5eple in or deli ery of!000%. personal property consists in committed on the same occasion or #hich arose out defendantGs motion to dismiss and accordingly orders Branch 1" upon the filing of the aforesaid application the deli ery" by 1ule order of the +7 court" 1emedies" A eal" ?7 vs. 1ule (1999)of personal of the same raffled occurrence that ga e rise to the more the dismissal of plaintiffHs complaint" #ith the costs immediately the case in the presence of the Provisional 1emedies" %1*" 8uration ('((+) property by the defendant to the plaintiff" upon the a< Distinguish a petition for certiorari as a serious offense$ (!"le 122$ sec. 3& %on ictions ta=ed against him$ -t is so ordered$L -s the order of judges of Branches 2"3 and 4$ ,he case #as raffled to 8hat is the duration of a ,5* issued by the filing of a bond$ (Calo v. $ol'an, 76 Phil. **5 D19*6B% for mode of appeal from a special ci il action imposing the death penalty are ele ated through dismissal alid: Bay plaintiff properly ta7e an Branch 4 and judge thereof immediately issued a )=ecuti e /udge of a 5egional ,rial %ourt: ;21< certiorari$ ;21< automatic re restraining ie#$ SUGGESTED ANSWER: appeal: 5eason$ ;51< temporary order$ -s the temporary SUGGESTED ANSWER: Provisional Su ort 0ite (1999) b< cases Bay a partyurgency" resort toPendente certiorari #hen appeal -n of1emedies" e=treme #hen the applicant #ill restraining order alid: 8hy: ;51< it does not state ,he orderis or decision is oid objection because B$ ,here no constitutional to pro iding in Before the 5,%" & #as charged #ith rapeinjury" of his 16! SUGGESTED ANSWER: is still agra ailable: )=plain$ ;21< suffer e injustice and irreparable the findings of fact and of la#" as re@uired by %ourt (ec$ issue 14" SUGGESTED ANSWER: the 5ules of %ourt for an appeal to the of year old daughter$ During the pendency of the case" .o$ -t is only the )=ecuti e /udge #ho can duration of a ,5* issued e= parte by an )=ecuti e &rticle 3--of the %onstitution and (ec$ 1" 5ule 36$ a$ & P),-,-*. +*5 5)3-)8 *. %)5,-*5&5&ppeals from the decisions of the 5,% in criminal the daughter ga e birth to a child allegedly as a immediately a temporary restraining order effecti e /udge of a 5egional ,rial %ourt is 72 hours (2nd 9ar. Being oid" appeal is not a ailable$ ,he proper as a mode of appeal may be distinguished from a cases #here the penalty imposed is reclusion perpetua conse@uence of the rape$ ,hereafter" she as7ed the only for se enty!t#o ;72< hours from issuance$ .o o Sec. 5$ !"le 58 1997 !"les o (i)il *roced"re& $ -n the remedy is certiorari under 5ule 65$ special action for functions certiorari that theassigned petition or life imprisonment subject totothe right of the accusedci to the child" and #hen he refused" other /udge has the right or po#er issue a temporary e=ercise ofilsupport his regular oin er cases ANOT!ER ANSWER: for certiorari as a mode of appeal is go erned by 5ule accused to appeal to the (upreme %ourt" because it the former filed a petition for support pendente lite$ restraining order e= parte$ ,he /udge to #hom the case to his sala" an )=ecuti e /udge may issue a ,5* for a )ither certiorari or ordinary appeal may be resorted 45 and is filed from a judgment or final order of the does not depri e the (upreme %ourt of the right to ,he accused" ho#e er" insists that he cannot be made is assigned #ill then conduct a summary hearing to duration not e=ceeding a total of 2D days$ to on the ground that the judgment is oid$ &ppeal" 5,%" (andiganbayan or that the %ourt ofas &ppeals" e=ercise ultimate re the ie#temporary of the judgments in such to gi ethe such support arguing there is yet no determine #hether restraining order in fact" may be the more e=pedient remedy$ #ithin ;15< days from notice of #ith the('((() judgment 1eglementary Period" Su8ould lemental Pleadings cases$ findingfifteen as to his guilt$ you agree the trial shall be e=tended" but in no case beyond 2D days" ALTERNATI E ANSWER: appealed orthe of the denial of the motion for ne# court5,% ,he if it from denied rendered application judgment against for support (," pendente copy of including the original 72hour for period$ (Sec. 5 o !"le 58& Jes$ ,he order of dismissal insufficiency of the 1emedies" A eal" 1%C to CA (1999) trial reconsideration in due time on @uestions lite: or #hich )=plain$ #as recei ;21< ed by filed his counsel on +ebruary 2>" plaintiffs e idence is alid upon defendantGs motion SUGGESTED ANSWER: ALTERNATI E ANSWER: 1 8hen is an appeal from the 5,% to the of la#*n only (Secs. 1 and 2&F (P)%-&4 %-3-4 &%,-*. 2DDD$ Barch 1D" 2DDD" (," through counsel" filed to dismiss e en restraining #ithout prior lea is e of court$ 1o .o$ ,he pro isional remedy of support pendente lite ,he temporary order not alid (Sec. because %ourt of &ppeals deemed perfected: ;21S +*5 %)5,-*5&5is go erned 65 and is a motion for reconsideration of by the 5ule decision #ith !"le 33& $ Jes" plaintiff may properly ta7e an appeal may be granted by themodify 5,% in judgments" the criminal action for the the5,% matter is of 2 @uestion NNN does recei not ed astate copythat of the decision filed annul or orders or notice to to the %ler7 of %ourt submitting the motion SUGGESTED ANSWER: because the dismissal of the complaint issuffer a final and rape$ -n criminal actions #here the ci il liability e=treme urgency and the applicant #ill gra e on 8hile /une A" 1AAAF#rit JJJ ed it may on the ne=t day" resolutions rendered or of issued or in e=cess of for the consideration the #ithout court$ *n Barch 15" b$ a order$ final of recei injunction be rendered appealable ?o#e er" if the order of dismissal includes support for the offspring as a conse@uence injustice and irreparable injury$ (Sec. 5 o !"le 58& /une 1D" 1AAA$ NNN filed a .otice of &ppeal jurisdiction or that #ith e abuse ofa notice discretion 2DDD" realiEing thegra Botion lac7ed of by after trial" sho#ing applicant to on be is rejudgment ersed of the crimeto and the cie=cess il aspect thereof has not been /une 15" 1AAA$ ,he parties entered into a tantamount lac7 or of jurisdiction" #hen hearing" (,Hs counsel filed a supplemental pleading$ entitled to the #rit (Sec. 9$ !"le 58 1997 !"les o (i)il compromise on *roced"re&.
Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com Page 35 of 66 summary

procedure and since the counterclaim is only permissi e" it cannot be entertained by the Bunicipal %ourt$ (!e)ised !"le
on S"mmar, *roced"re.&

S ecial Civil Action" &oreclosure ('((.)

;a< Jes$ N can contest his ejectment on the ground that there #as no prior demand to acate the premises$ ;Se . ! o" $ule 70; Casilan vs.5o-assi l0 SC$+ !61; ,esa a vs.Cuevas. 1!5 SC$+ 335<$ ;b< Jes" because the judgment of the Bunicipal ,rial %ourt against the defendant N is immediately e=ecutory upon motion unless an appeal has been perfected" a supersedeas bond has been filed and the periodic deposits of current rentals$ -f any" as determined by the judgment #ill be made #ith the appellate court$ (Sec. 8 o ormer !"le 70# Sec. 19 o ne%
ALTERNATI E ANSWER: !"le 70&.

SUGGESTED ANSWER:

& borro#ed from the De elopment Ban7 of the Philippines ;DBP< the amount of P1 million secured by the titled land of his friend B #ho" ho#e er" did not assume personal liability for the loan$ & defaulted and DBP filed an action for judicial foreclosure of the real estate mortgage impleading & and B as defendants$ -n due course" the court rendered judgment directing & to pay the outstanding account of P1$5 million ;principal plus interest< to the ban7$ .o appeal #as ta7en by & on the Decision #ithin the reglementary period$ & failed to pay the judgment debt #ithin the period specified in the decision$ %onse@uently" the court ordered the foreclosure sale of the mortgaged land$ -n that foreclosure sale" the land #as sold to the DBP for P1$2 million$ ,he sale #as subse@uently confirmed by the court" and the confirmation of the sale #as registered #ith the 5egistry of Deeds on D5 /anuary 2DD2$ *n 1D /anuary 2DD3" the ban7 filed an e=!parte motion #ith the court for the issuance of a #rit of possession to oust B from the land$ -t also filed a deficiency claim for P>DD"DDD$DD against & and B$ the deficiency claim #as opposed by & and B$ ;a< 5esol e the motion for the issuance of a #rit of ;b< 5esol e the deficiency claim of the ban7$ possession$ SUGGESTED ANSWER: 61 ;a< -n judicial foreclosure by ban7s such as DBP" the mortgagor or debtor #hose real property has been sold on foreclosure has the right to redeem the property sold #ithin one year after the sale ;or registration of the sale<$ ?o#e er" the purchaser at the auction sale has the right to obtain a #rit of possession after the finality of the order confirming the sale$ (Sec. 3 o !"le 68# Sec. 47 o !1 8791. <3e 0eneral 6an5ing /a% o 2000&. ,he motion for #rit of possession" ho#e er" cannot be filed e= parte$ ,here must be a notice of hearing$ ;b< ,he deficiency claim of the ban7 may be enforced against the mortgage debtor &" but it cannot be enforced against B" the o#ner of the mortgaged property" #ho did not assume personal liability for the loan$

;a< Jes" N can contest his ejectment on the ground that since he continued enjoying the thing leased for fifteen days after the termination of the lease on /anuary A" 1AA5 #ith the ac@uiescence of the lessor #ithout a notice to the contrary" there #as an -BP4-)D .)8 4)&()$ (1r'. 1670. (i)il (ode&.
S ecial Civil Action" 9/ectment (199!)

-n an action for unla#ful detainer in the Bunicipal ,rial %ourt ;B,%<" defendant N raised in his &ns#er the defense that plaintiff & is not the real o#ner of the house subject of the suit$ N filed a counterclaim against & for the collection of a debt of P>D"DDD plus accrued interest of P15"DDD and attorneyGs fees of P2D"DDD$ 1$ -s NGs defense tenable: 0312 2$ Does the B,% ha e jurisdiction o er the counterclaim: 0212 SUGGESTED ANSWER:K 1$ .o$ NGs defense is not tenable if the action is filed by a lessor against a lessee$ ?o#e er" if the right of possession of the plaintiff depends on his o#nership then the defense is tenable$ 2$ ,he counterclaim is #ithin the jurisdiction of the Bunicipal ,rial %ourt #hich does not e=ceed P1DD"DDD" because the principal demand is P>D"DDD" e=clusi e of interest and attorneyGs fees$ (Sec. 33$ 6.*. 6ig. 129$ as amended.& ?o#e er" inasmuch as all actions of forcible entry and unla#ful detainer are subject to

by: sirdondee@gmail.com sirdondee@gmail.com Page Page Page3> 36 37 of of of 66 66 66claiming the ground that that its main court office had and no operations jurisdiction are o er in his %ebu person %ity as and there #as inof (er ice order income" of of default outside (ummons and the to pro on set ince %arlos aside or the #as city judgment$ in alidly #hich ser -n such his ed the 2$ ,he motion to dismiss on the ground of not lac7 Banila$ alid -s ser theice contention of summons %ars on%o$ him correct: because 8hy: the ;51< motion" obligor upon him the resides$ ifdefendant the -n 5eturn this alleged #ill case sho# that" the judgment immediately that it #as obligor done upon no jurisdiction o er theof subject matter should besheriffs denied$ or proof of ser ice not sho# that e=penses the sheriff receipt in resides through of (ubstituted Bulacan$ the summon" (!"le (er39$ ice he sec.36&. because sa# the the plaintiff defendant and return ,he counterclaim for does attorneyGs fees and of SUGGESTED a genuine attempt to counterclaim ser e the summons confronted can not be ser him ed personally #ith his #ithin receipta reasonable e idencingtime his first made litigation is ANSWER: a compulsory becauseon it .o$ &s e=pressly pro of ided in is the 5ules" #hen Summons (1999) personally before ser ing it thru his #ife$ -s the the paymentdiligent despite and that efforts the plaintiff made to assured ser e the him summons that he defendant necessarily arose out and connected #ith the (olicitor 6eneral commences the for @uo a< 8hat is the effect absence of summons to dismiss meritorious: 8hat is action thethe purpose of #ould instruct personally$ 4inda" his la#yer the secretary toof #ithdra# of defendant the complaint$ %arlos" motion complaint$ -n an original action before 5,%" the #arranto" it may be brought in a 5,% in the %ity on the judgment rendered inbe the ;21<person and by #hom may be it be ser ed: )=plain$ ;51< of ,he must trial li7e#ise court be denied sho#n theto defendantHs a case: competent motion because in summons counterclaim may considered compulsory Banila" as of in the this case" in(Sec. the 7 %ourt of6& &ppeals or in b< 8hen additional defendant impleaded in it #as not charge of accompanied defendantGs office by an affida #hereis it summons of merit$ #as ,he regardless amount$ o !"le the (upreme %ourt$ (Sec. 7 o !"le 66& the action" is !"le it a necessary that ser ed defendant ser ed (Sec.filed 7$ 14&. special ci il summons action forbe certiorari SUGGESTED ANSWER: 5enue" Personal Actions (1997) upon ;21< the denial order$ underhim: 5ule )=plain$ 65 challenging S ecial Civil Actions" :andamus ('((+) ,he motion to dismiss is%ity" not meritorious because the c< -s /ou summons re@uired be sergrant ed upon a N" a resident of &ngeles borro#ed P3DD"DDD$DD &$ -s certiorari under 5ule 65 to the proper remedy: !. ," #ere the ?u'ge, #ill /ou 5inaKs -n 1AA6" %ongress passed 5epublic &ct defendant actually recei ed the summons on>1>A" time defendant #ho substituted for the deceased: from &" a resident of Pasay %ity$ -n .o$ the loan 8hy: ;21< -otion to 'e lare#as Carlos in 'e"ault; (!.5F% ALTERNATI E ANSWER: other#ise 7no#n as the 3oterGs 5egistration &ct of from his #ife$ (er ice on the #ife #as sufficient$ B$ Did the trial court abuse its discretion or act )=plain$ ;21< agreement" the parties stipulated that Lthe parties -f #ere the judge" #ill not grant ,inaGs motion to 1AA6" pro iding for computeriEation of elections$ (Boti ano v. Chu, 1*8 SC$+ 5*1 D1987B%. -t is the duty of d< & sued NN %orporation ;NN%<" a corporation #ithout or in e=cess of its jurisdiction in denying the agree to sue and be sued in the %ity of Banila$L a< -n declare %arlos in default because summons #as not Pursuant thereto" the %*B)4)% appro ed the the court to loo7 into the sufficiency of the ser ice$ organiEed under Philippine la#s" for specific defendantHs motion to lift the order of default case of non!payment of the loan" can & file properly ser ed and any#ay" a erified ans#er to the 3oterGs 5egistration and (ystem ,he sheriffs negligence in not -dentification stating in his return his complaint to collect the loan from N that in performance #hen the latter failed to deli er ,!shirts judgment: 8hy: ;31< complaint had already been is SUGGESTED ANSWER: ;35-(< Project$ -t issued in to itations to summons pre!@ualify he first made a genuine effort ser e the on &ngeles %ity: to the former as stipulated infiled$ their Boreo contracter" of it sale$ &$ better ,he to petition decide for a case certiorari on the under merits 5ule rather 65 filed than on by and bid for the project$ &fter the public bidding" the defendant" should not prejudice the plaintiff$ (Ma(a b< (uppose the parties did not stipulate in the (ummons #as ser ed on the corporationGs cashier and the technicality$ defendant is the remedy because appeal is +oto7ina declared theenue" #inning bidder a his bid v. Court o"#as +((eals, !1* SC$+ *171199!%. ,he #ith purpose of loan agreement as to the #here can & file director$ 8ould youproper consider ser ice of summons on ALTERNATI E ANSWER: not a plain" speedy and ade@uate remedy in the of P6 billion and #as issued a .otice of &#ard$ But the summons is to inform the defendant of the complaint against N: either officer sufficient: )=plain$ ;21< #as alidly Jes$ -f it #as sho#n summons ordinary course of la#$ that -n appeal" the defendant in %*B)4)% c< (uppose %hairman the parties 6ener stipulated 6o objected in the their to loan the complaint filed against him and to enable court to ser ed" can andonly that@uestion the motion to declare %arlos in SUGGESTED ANSWER: default the decision in the light of a#ard on agreement the thatground L enue that for all under suits the arising &ppropriations from this ac@uire jurisdiction o er his person$ -t maybe ser ed default #as effect duly on %arlos" and after a< ,he of the absence of summons on a the e idence of thefurnished plaintiff$ ,he defendant cannot &ct" contract the budget shall or be for the the courts %*B)4)%Gs in IueEon moderniEation %ity"L can & is by the sheriff his deputy or any person authoriEed conducting a hearing on the same motion$ judgment #ould ma7e the judgment null and oid in o7e the receipt to pro e payment of his obligation only file his P1 complaint billion$ ?e against announced N in Pasay to the %ity: public that the by the court$ ALTERNATI E ANSWER: because the court #ould not ha e jurisdiction o er the SUGGESTED ANSWER: to the plaintiff$ 35-( project has been set aside$ ,#o %ommissioners 5enue" )m roE er 5enue" Com ulsory Counterclaim (199!) Jes$ ,hebecause motion the to dismiss is meritorious$ (ubstituted ALTERNATI ANSWER: ;a< Jes" stipulation in the loan agreement person of the defendant" but if the defendant sided #ith %hairman 6o" but the majority oted to &$ 'nder ordinary circumstances" the proper remedy ser ice cannot be effected unless the sheriffs that Lthe parties agree to sue and be sued in the return %ity oluntarily appeared before the court" his appearance uphold the contract$ &" a party resident of 4ingayen" Pangasinan sued N"to a of e@ui a #rongly declared default is either sho#s that does he made a genuine attempt to effect of BanilaL not ma7e Banila the Le=clusi e is alent to the ser ice of in summons$ (Sec. 20$ !"le resident of the (anjudgment +ernando 'nion in a the 5,% appeal from by 4a default or file petition personal ser +oto7ina ice (Sec$ on the husband$ Bean#hile" #ith the 5,% a b, petition for 14& enue thereof$L 4filed o !"le 4$ as amended (irc"lar ;5,%< offrom IueEon %ity for the ,n collection debt of for relief judgment$ D.ao, . v. Courtof o" a +((eals, mandamus compel the %*B)4)% to can implement .o. 13 95: Sec. 4 o ne% !"le 4& ?ence" & file histhe P1 million$ did not file a motion to ed dismiss Summons" 5alidity of Service" 9ffects ('((+) !51 391N (1995% contract$ ,he *ffice of the (olicitor 6eneral(Sec$ ;*(6<" b< SC$+ Jes$ (ummons must be ser on for an complaint in &ngeles %ity #here he resides" 2 ,ina 6uerrero filed #ith filed the 5egional ,rial %ourt of improper enue but filed his ans#er raising therein representing %hairman 6o" opposed the petition on the o !"le 4&. additional defendant impleaded in the action so that SUGGESTED ANSWER: Binan" 4aguna" a complaint for sum of money amounting improper enue as an affirmati e defense$ ?e also ground that mandamus does not lie to enforce contractual ;b< -f the parties did not stipulate on the enue" &to the court can ac@uire jurisdiction oits erdiscretion him" unless he B$ Jes" the trial court gra ely abused or acted P1 Billion against %arlos %orro$ ,he complaint alleges" filed a counterclaim for P>D"DDD against & for obligations$ During the proceedings" the #here majority can file his complaint either in &ngeles %ity ma7es oluntary appearance$ #ithout a or in e=cess of jurisdiction in denying the among others" that %arlos borro#ed from ,ina the said attorneyGs andbecause e=penses for not litigation$ N mo by eda %ommissioners filed a%ity manifestation that %hairman 6o he resides in Pasay #here N resides" ;-d<$ defendantHsfees motion it #as accompanied amount as eor idenced by a promissory note signed by %arlos #as not authoriEed by the %*B)4)% )n Banc to oppose for a preliminary hearing on said affirmati e defense$ c< .o$ &itdefendant #ho substituted for the separate affida of merit$ -n his #as erified motion to lift the and his #ife" jointly and se erally$ %arlos #as ser ed #ith the +or his part" and & to filed aedmotion to dismiss the ;c< petition$ Jes" because the recei #ording of the stipulation does deceased need not be ser #ith summons order of default set aside the judgment" the because defendant summons #hich #as ed by 4inda" his secretary$ counterclaim for lac7 of jurisdiction$ alleged that immediately upon the receipt summons" not IueEon %ityto the e=clusi e enue$ it is the court #hich orders him of asthe the legal ,s ama7e (etition "orfailed -an'a-us anans#er a((ro(riate re-e'/ ?o#e er" %arlos file an to the complaint he sa# the plaintiff his receipt to en"or e 15!day ontra reglementary tual o3ligations; (5F% representati e of and the confronted deceased him to #ith appear and #ithin the period$ ?ence" ,ina filed 1 5ule on the affirmati e defense ofthat improper SUGGESTED ANSWER: sho#ing payment and that the plaintiff assured him he #ith the court a motion to declare %arlos in default and to substitute the deceased$ (Sec. 16 o !"le 3.& enue$instruct 0312 his la#yer to #ithdra# the complaint$ (ince .o" the for is not an appropriate #ould allo# herpetition to present e mandamus idence e= parte$ +i e days thereafter" 2 good (ummons the 5ule defense onof the the motion defendant to dismiss #as already the incorporated counterclaim remedy because it isans#er not atoailable to enforce a filed his erified the complaint" denying d< on a domestic corporation through on %arlos in erified #as alid notoneed for a present separate thethe ground of motion" lac7 of there jurisdiction er the subject matter$ under contractual Bandamus is directed to oath obligation$ the genuineness and due e=ecutiononly of the its cashier and director are not under the affida it of merit$ DCa(uA promissory contending that he has fully paid his 0212 (Sec. ministerial note acts"and directing or commanding a person to rules$ 11$ !"le 14& ,hey ha e been remo ed from SUGGESTED ANSWER: loan #ith interest at 121 per annum$ do a legal duty (C9M484C v. Gui?ano6Pa'illa, &.$. those #hois can be serenue$ ed #ith summons for of a 1$ ,here improper ,he case for a sum )o. 15199!, Se(te-3er 18, !00!; Se . 3, $ule 65%. domestic corporation$ %ashier #as substituted by v. Court o" +((eals, SC$+ *71 (199*%; Mago v. Court money" #hich #as !33 filed in IueEon %ity" is a personal treasurer$ ;-d$< o" +((eals, 303 SC$+ 600 in (1999%B. Summons action$ -t must be filed the residence of either the
Remedial Law Bar Examination Q & A (1997-2006)

plaintiff" #hich is in Pangasinan" or of the defendant" Summons" Substituted Service ('((?) S ecial Civil Action" Auo Barranto ('((1) #hich is in (an +ernando" 4a 'nion . (Sec. 2 o !"le 4& (ummons #as issued by the BB an 5,% and actually & group of businessmen formed association in ,he fact that it #as not raised in a motion to dismiss recei ed oncalling time by defendant from his #ife atC their %ebu %ity itself %ars %$ to distribute sell does not matter because the that ruleday thathad if deli improper residence$ ,he sheriff earlier ered cars in is said city$ -t did not incorporate itself under enue not raised in a motion to dismiss it is the la# summons to her at said residence because nor did it ha e any go ernment permit or deemed #ai ed not #as remo ed the 1AA7 5ules of defendant #as home at from the time$ ,he(olicitor sheriffs license to conduct its business as such$ ,he %i il Procedure$ ,he ne# 5ules pro ide that if no return or filed proof before of ser ice filed in #ith the court in sum 6eneral 5,% Banila a grounds erified motion to dismiss has a been filed" any of copy the states that the summons" #ith attached of the petition for @uomay #arranto @uestioning and see7ing to for dismissal beon pleaded as at anhis affirmati e complaint" #as ser ed defendant residence stop the operations of %ars %o$ ,he latter filed a defense in the ans#er$ (Sec. 6 o !"le 16.& thru his to #ife" a person suitableon age andground discretion motion dismiss theof petition the of then residing therein$ Defendant mo ed to dismiss on improper enue

(e en years the entry vali'l/ of judgment" the 1. Iasafter the su--ons serve' onplaintiff Carlos; filed an action for its re i al$ %an the defendant (!.5F%
ALTERNATI ANSWER: successfullyEoppose the

,he summons #as not alidly ser ed on %arlos contending it is null and oid because thebecause 5,%! S ecial Civil that Action" Petition for Certiorari ('((') it #as ser ed on his secretary and the re@uirements for Banila did not ac@uire jurisdiction o er his person: ,he defendant #as declared in default in the such 5,% as fora substituted ser ice ha e not been follo#ed" 8hy: ;31< his failure toANSWER: file anha ans#er toe=erted a complaint a sum sho#ing that efforts e been to ser for e the same SUGGESTED of money$ *n the basis of the plaintiffHs e= parte ,he 5,%!Banila should deny has the motion because it on %arlos and such attempt failed despite due presentation ofof e v. idence" judgment by default #as is in iolation the rule that no judgment obligor diligence (Manoto C+, &.$.

re i al of the judgment by

shall be re@uired before av.court" for the )o. 13097*, +ugust to 16,appear !006; +ngPing C+, &.$. )o. #as ser.ul/ ed e=amination on 1999%. the defendant on *ctober 1" 2DD1$ *n 1!69*7, 15, purpose of concerning his property and
ALTERNATI ANSWER: *ctober 1D"E2DD1" he files

rendered against the defendant$ ,he default judgment the

a erified motion to lift

Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com sirdondee@gmail.com Page Page 3A 4D of of66 66he#ithout filed his a

#arrant ofto demurrer arrest e idence and searched #ithout his lea house e of court$ #ithout (Sec. a search 23 o !"le 119&. a< %an the gun used by B in shooting &" #hich #arrant$ #as seiEed during the search of the house of B" be Actions" ofarrest an Action" 8ouble ardy admitted in e Commencement idence: b< -s the of B legal: c<Jeo 'nder ('((?) the circumstances" can B be con icted of homicide: (P*1 %.% filed #ith the B,% in IueEon %ity ;Be,%!I%< a s#orn #ritten statement duly subscribed by him" charging 565 ;an actual resident SUGGESTED ANSWER: of %ebu %ity< #ith the offense of slight physical ;a< .o$ ,he gun seiEed during search of theresident house injuries allegedly inflicted on the (P( ;an actual of B #ithout a search #arrant is not admissible in of IueEon %ity<$ ,he /udge of the branch to #hich e idence$ (Secs. 2 and 3[2]$ 1r'. 222 o (ons'i'"'ion&. (See ases ite' in $o3erts, .r., vs. Court o" +((eals, the case #as raffled thereupon issued an order Actions" included Boreo er"that the the search #as not an incident la#ful !5* BP''" SC$+Civil 307 Action D1996Bdeemed an' Bro Ca v. ('((1) 4nrile, 19! declaring case shall be go erned to by athe 5ule (aturnino filed a criminal action against &le= for the SC$+ 183 D1990B.% arrest of a person under (ec$ 12 of 5ule 126$ on (ummary Procedure in criminal cases$ (oon latterHs bouncing chec7$ *n the date of the hearing thereafter" the /udge ordered the dismissal of the case Arrest" Barrantless Arrest" Preliminary )nvestigation after the arraignment" (aturnino manifested to the ;b< #arrantless re@uires that the crime for .o$ the & reason that arrest it #as not commenced by ('((?) court that he is reser ing his right to file a separate has in fact just been committed and the police information" as re@uired by said 5ule$ &N 5Jcourt in the amount of P1D"DDD sometime ci ils#indled action$ ,he allo#ed (aturnino to file a ci il arresting has personal 7no#ledge of facts that the in mid!2DD3$ *n the of the s#orn statement action separately and strength proceeded to hear the criminal person to be arrested committed it$ (Sec. 5$ !"le (ometime later" based has on the same facts gi ing rise gi en &le= by 5J personally to (P*1 /uan 5amos case$ filed a motion for reconsideration 113&. ?ere" the crime has injuries not just case" been committed to the slight physical the %ity sometime and is #ithout a contending in thatmid!2DD4" the ci il action deemed securing included in since a period of t#o daysthe had already lapsed" and the Prosecutor filed #ith same Be,%!I% an #arrant" the police officer arrested &N$ +orth#ith the the criminal case$ ,he court reconsidered its order and police arresting has no homicide such personal 7no#ledge information for attempted against the same police officer filed #ith the %ity Prosecutor Banila ruled that (aturnino could not file a separateof action$ -s because he #as present #hen 565 the incident 565$ -n due time" not before arraignment" mo ed a complaint for estafa supported by 5JLs s#orn the courtHs order granting the motion for happened$ (0o information )s. (o"r' o 199eals. 206 S(!1 138&. to @uash the on the ground of double statement and other documentary e idence$ &fter due ;c< Jes$ and ,he gun not indispensable in his the reconsideration correct: 8hy: ;51< jeopardy after due is hearing" the /udge granted in@uest" the prosecutor filed the re@uisite information con iction of & because the court may rely on motion$ 8as the dismissal of the complaint for slight SUGGESTED ANSWER: #ith the BB 5,%$ .o preliminary in estigation #as testimonial or other e idence$ physical injuries proper: 8as the grant of the motion Jes" the courtHs order or granting the filing motion for conducted either before after the of the to @uash the attempted homicide information correct: reconsideration correct$ ,he 5ules pro ide for that the Arrest" Barrantless Arrests - SeiDures ('((.) information and is the accused at no time as7ed such 5eason ;51< criminal action for iolation of B$P$ arraignment" Blg$ 22 shall the be -n a buy!bust operation" the police operati es arrested an in estigation$ ?o#e er" before SUGGESTED ANSWER: deemed include the corresponding ci il action" Jes" the dismissal of from the him complaint for the accused and seiEed a sachet of slight shabu accused to mo ed to @uash the information on and the that no reser ation to file such ci il action physical injuries is proper ,he because in Betropolitan and an unlicensed firearm$ accused #as charged ground that the prosecutor suffered from separately a #ant of shall be allo#ed$ [Sec. 1(b&$ !"le 111$ !e)ised !"les o Banila in charteredone cities" case hasof to the be in t#o and -nformations" forthe iolation authority to file the information because of his failure *roced"re] (riminal commenced information$ (Sec.and 11$ !e)ised !"le PDangerous only Drugby &ctQ" as amended" another for to conduct a preliminary in estigation before filing on S"mmar, *roced"re&. illegal possession of firearms$ the information" as re@uired by the('((.) 5ules of %ourt$ -s Actions" BP''" 8emurrer to 9vidence .o" the grant of the motion to @uash the attempted the #arrantless arrest of &N alid: -s he entitled to a -n an action for iolation of Batas Pambansa Big$ 22" homicide information on the for ground of of double ,he accused filed an action reco ery the preliminary in estigation before the filing of the the court granted the accusedHs demurrer to e idence jeopardy #as not correct" because there #as no alid firearm in another court against the police officers information: )=plain$ ;51< #hich he filed #ithout lea e of court$ &lthough he SUGGESTED ANSWER: prosecution for physical injuries$ (Phil3anCing v. slight 5ensuan. !30 issuance SC$+ *13; #ith an application for the of :ni-asters a #rit of .o$ #as ac@uitted ,he #arrantless of the crime arrestcharged" is not he" alid ho#e because er" #as the Conglo-eration, ,n . v. C+. C$6119657, 2e3. 7, 1997% reple in$ ?e alleged in his %omplaint that he #as a alleged re@uired offense by the court has not to pay justthe been pri committed$ ate complainant ,he ALTERNATI E ANSWER: Actions" 8iscretionary Po2er of &iscal (1999) military informer #ho had been issued a #ritten ;c< .o$ #ith -f the parties stipulated that a the enue Lshall crime the face #as alue allegedly of the committed chec7$ ,he one accused year before filed the a & filed the *ffice of the +iscal %omplaint for authority to carry said firearm$ ,he police officers be in the courts in IueEon %ityL" & cannot file his arrest$ Botion (Sec. of 5econsideration 5 (b& o !"le 113&. regarding the order to pay estafa against B$ &fter the preliminary in estigation" mo ed to dismiss the complaint on the ground that complaint in Pasay %ity because the use of the #ord the face alue of the chec7 on the follo#ing groundsK the +iscal dismissed the %omplaint for lac7,he of merit$ the subject firearm #as in custodia legis$ Jes" is entitled to a applied preliminary in estigation LshallL ma7es IueEon %ity themandamus e=clusi e tocourt enue a< the he demurrer to e idence only too the Bay the +iscal be compelled by file denied the motion and instead issued the #rit of criminal aspect of not the caseF and b< at the #ithout ery least" because he #as la#fully arrested a thereof$ (<oe hst Phili((ines vs. 5orres, 83 SC$+ !97%. the case in court: )=plain$ ;21< reple in$ he #as entitled to 7 adduce #arrant (See Sec. o !"le 112&. ?e can mo e for a SUGGESTED ANSWER: ;a< 8as the seiEure of the firearm contro erting e idence on the ci il liability$ .o$ ,he public prosecutor may not be compelled by rein estigation$ ;b< 8as the denial of PROCEDURE the motion to dismiss proper: alid: CRIMINAL ALTERNATI ANSWER: 5esol e the E Botion for 5econsideration$ ;61< mandamus to file the case in court because the 61 ?e is not entitled SUGGESTED ANSWER:to a preliminary in estigation determination of probable cause is #ithin the ;a< ,he Botion for 5econsideration denied$ Ac<uittal" ('((') because the penalty for estafa is the should sum ofbe P1D"DDD discretion9ffect of the prosecutor$ ,he remedy is an appeal ,he that the demurrer e idence applied doesground not e=ceed 4 years and 2to months$ 'nder (ec$only 1" Delia sued 3ictor for personal injuries to the (ecretary of /ustice$ (Sec. 4 !"le 112.& #hich she to the criminal the case in #as not correct second par$" 5uleaspect 112" aof preliminary estigation is allegedly sustained #hen she #as struc7 by a car because the criminal action for is iolation ofinBatas not re@uired$ (.o'e: <3e 9enal', no' s'a'ed '3e dri en by 3ictor$ (1999) Bay the court recei e in e idence" Actions" )n/unction ="es'ion.& Blg$ 22 included the corresponding ci il Pambansa o er proper and lie timely objection Delia" a certified 8ill injunction to restrain the by commencement of Arrest" Barrantless Arrests - Searc,es (1997) action$ (Sec. 1(b& o !"le 111&. true copy of a judgment of ac@uittal in a criminal a criminal action: )=plain$ ;21< & #as 7illed by B during a @uarrel o er a hostess in a SUGGESTED ANSWER: 3ictor #ith hit!and!run dri ing prosecution charging ;b< ,he accused #as nightclub$ ,#o days afternot the entitled incident" to andadduce upon &s a general rule" #ill not lie to;31< restrain a in connection #ithinjunction DeliaHs injuries: 8hy: SUGGESTED ANSWER:e=ceptK contro erting e idence ci il liability" because complaint of the #ido#on of the &" the police arrested B criminal prosecution a< the -f ,o afford judgment ade@uate of ac@uittal protection in the to criminal the case finds constitutional rights of the accusedF 8hen that the act or omission from #hich the ci b< il liability necessary the orderly may arise for does not e=ist" administration the court may of recei e it in justice a objection oid oppression or multiplicity of2$ e idence o or er to the by Delia$ [!"le 111$ sec. las' 9aragra93]. actionsF c< 8hen double jeopardy is clearly apparentF ALTERNATI E charges ANSWER: d< 8here the are manifestly false and -f the judgment of ac@uittal is based on reasonable doubt" the court may e it in e idence because in moti ated by the lustrecei for engeanceF e< 8here there such case" the ci il action for damages #hich may be is clearly no prima facie case against instituted re@uires only a to preponderance the accused and a motion @uash on that of the e idence$ (1r'. 29$ (i)il (ode&. ground has been denied$

by: sirdondee@gmail.com Page 41 of 66 Remedial Law Bar Examination Q & A (1997-2006) or not$3ail ,heis motion to reco the firearm should be he could be con icted of the capital offense$ (93osa Ihen a -atter o" 'iser retion@ vs. Court o" +((eals, !66 SC$+ !81.% 'pon con iction the 5,% of an offense filed in the courtby#here the criminal action not is ALTERNATI E ANSWER: punishable by death" reclusion perpetua or life pending$ 'nder %ircular .o$ 2!A2" & is entitled to bail imprisonment" on application of the accused$ -f the because he #as con icted of homicide and hence the Arrest" Barrantless Arrests" *b/ection penalty of imprisonment e=ceeds ('((() si= years but not e idence of guilt of murder is not strong$ +6 #as arrested #ithout #arrant by policemen more than 2D years" bail ashall be denied upon a #hile he by #as in a #ith busy notice street$ to &fter sho#ing the#al7ing prosecution" the SUGGESTED ANSWER: preliminaryof in estigation" he #as or charged #ith rape accused" the follo#ing other similar 2$ B" #ho did not appeal" can be benefited by the and the corresponding information #as filed in the circumstancesK decision of the %ourt of &ppeals #hich is fa orable 1 ,hat the accused is a recidi @uasi!re!cidi 5,%$ *n arraignment" he pleaded notist" guilty$ ,rial on ist orand applicable to him$ (Sec. 11 [a]. !"le 122$ !"les o habitual delin@uent" has court committed the crime aggra ated(riminal *roced"re.& ,he benefit #ill also apply to % the merits ensued$ or ,he rendered judgment by circumstance of reiterationF conthe icting him$ *n appeal" +6 claims that the e en if his appeal is dismissed because of his escape$ 2 ,hat thebecause accused found to arrested$ ha e pre judgment is oid he is #as illegally -f iously escaped legal confinement" e aded sentence" you #erefrom the (olicitor 6eneral" counsel for the People or hasBail" A lication" 5enue ('((') iolated the conditions his bail #ithout alid claim: justificationF -f an information #as filed in the 5,%!Banila of the Philippines" ho#of #ould you refute said 3 ;51< ,hat the accused committed the offense #hile oncharging D #ith homicide and he #as arrested in SUGGESTED ANSWER: probation" parole" or under conditional pardonF IueEon %ity" in #hat court or courts may he apply &ny objection to circumstances the illegality of the accused arrest ofor the 4 ,hat the of the his casefor bail: )=plain$ ;31< accused #ithout a #arrant is deemed #ai ed SUGGESTED ANSWER: indicate the probability of flight if released on#hen bailF he or pleaded not guilty at the arraignment #ithout raising D 5 ,hat there is undue ris7 that during the pendency of may apply for bail in the 5,%!Banila #here the the @uestion$ is toomay latecommit to complain the appeal" the , accused another about crime$ a ;(ec$ 1"information #as filed or in the 5,%!IueEon %ity #arrantless arrest after trial is commenced and #here he #as arrested" or if no judge" thereof is -d$< completed and a judgment of con iction rendered a ailable" #ith any metropolitan trial judge" against the accused$ (Peo(le v. Ca3iles, !8* SC$+ 199, municipal trial judge or municipal circuit trial judge D1999B% 114$ sec. 17&. therein$ (!"le Bail ('((')

D #as charged #ith murder" a capital offense$ &fter arraignment" he applied for bail$ ,he trial court ordered the prosecution to present its e idence in full on the ground that only on the basis of such presentation could it determine #hether the e idence of DHs guilt #as strong for purposes of bail$ -s the ruling correct: 8hy: ;31< .o" the prosecution is only re@uired to present as much e idence as is necessary to determine #hether the e idence of DHs guilt is strong for purposes of bail.(!"le 114$ sec. 8&.
Bail" A eal (199!)
SUGGESTED ANSWER:

Bail" &orms of Bail (1999)

-n #hat forms may bail be gi en: ;21< Bail may be gi en by a corporate surety" or through a property bond" cash deposit or recogniEance$
Bail" :atter of 1ig,t (1999)
SUGGESTED ANSWER:

8hen the accused is entitled as a matter of right to bail" may the %ourt refuse to grant him bail on the ground that there e=ists a high degree of probability that he #ill abscond or escape: )=plain$ ;21< -f bail is a matter of right" it cannot be denied on the ground that there e=ists a high degree of probability that the accused #ill abscond or escape$ 8hat the court can do is to increase the amount of the bail$ *ne of the guidelines that the judge may use in fi=ing a reasonable amount of bail is the probability of the accused appearing in trial$
Bail" :atter of 1ig,t vs. :atter of 8iscretion (1999)
SUGGESTED ANSWER:

-n an information charging them of Burder" policemen &" B and % #ere con icted of ?omicide$ & appealed from the decision but B and % did not$ B started ser ing his sentence but % escaped and is at large$ -n the %ourt of &ppeals" & applied for bail but #as denied$ +inally" the %ourt of &ppeals rendered a decision ac@uitting & on the ground that the e idence pointed to the .P& as the 7illers of the ictim$ 1 8as the %ourt of &ppealGs denial of &Gs application for bail proper: 0212 2 %an B and % be benefited by the decision of the %ourt of &ppeals: 0312 1" Jes" the %ourt of &ppeals properly denied &Gs application for bail$ ,he court had the discretion to do so$ &lthough & #as con icted of homicide only" since he #as charged #ith a capital offense" on appeal
SUGGESTED ANSWER:

8hen is bail a matter of right and #hen is it a matter of discretion: ;21< Ihen Bail a -atter o" right@ ;a< Jes" theis seiEure of the firearm #as alid because &ll persons in custody shall ;a< before or after it #as seiEed in the course of a alid arrest in a buy! con iction by the metropolitan and municipal trial bust operation$ (Sec. 12 and 13 o !"le 126& & search courts" and ;b< before con iction by the 5,% of an #arrant #as not necessary$ (Peo(le v. SalaAar, !66 offense not punishable by death" reclusion perpetua SC$+ 607 D1997B%. or life imprisonment" be admitted to bail as a matter of #ith sufficient sureties" be released on ;b< right" ,he denial of the motion to or dismiss #as not recogniEance as prescribed by la# or 5ule 114$ (Sec. proper$ ,he court had no authority to issue the #rit !"le 114$ !"les o (o"r'$ as amended b, (irc"lar .o. 12>94.& 4$ of reple in #hether the firearm #as in custodia legis
Version 1997-2006 !dated "# Dondee

SUGGESTED ANSWER: SUGGESTED ANSWER:

Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com sirdondee@gmail.com Page Page42 43 ofof 6666 ,he trial court
SUGGESTED ANSWER: denied the demurrer to e idence and deemed the accused -ning criminal procedure" a complaint is a es#orn #ritten as ha #ai ed his right to present idence and statement charging a person #ith an offense" submitted the case for judgment on the basis of the subscribed by the offended party" the any court peace officer or prosecution e idence$ -n due time" rendered other peace officer charged #ith the enforcement of judgment finding the accused guilty of the offense charged the la# iolated$ (Sec. 3$ !"le 110$ 1985 !"les o (riminal beyond reasonable doubt and accordingly imposing on him *roced"re&# #hile therefor$ an information is an accusation in the penalty prescribed -s the judgment of the trial charging person #ith court #riting alid and proper:a5eason$ ;51< an offense subscribed by the prosecutor and filed #ith the court. (Sec. 4$ 2d.&

a< idence e 8as the presented pro isional by the dismissal prosecution of the at case theproper: hearing for5esol b< bail #as e the not Botion strong"to #ithout Iuash$any e idence for the SUGGESTED ANSWER: defense" it could be sufficient for con iction$ ;a< ,he pro isional dismissal of the case #as proper because the accused ga e his e=press consent 2$ .o$ Because he filed the demurrer to the e thereto idence and the offended party #as notified$ not #ithout lea e$ (Sec. 15$ !"le 119$ !"les -to #as (riminal necessary for the offended party to gi e her consent *roced"re.& ?o#e er" the trial court should in@uire as thereto$ (Sec.accused 8 o !"le filed 117&. the demurrer #ithout lea e to #hy the and #hether his la#yer 7ne# that the effect of filing ;b< ,he motion information should be it #ithout lea e to is @uash to #ai the e the presentation of the denied because" #hile the pro isional dismissal had e idence for the accused$ (Peo(le vs. 2ores, !69 SC$+ already become permanent" the prescripti e period for 6!.% filing the murder charge had not prescribed$ ,here 3$ Jes$ any e idence from thefirst accused" the #as no 8ithout double jeopardy because the case #as prima facie e idence the prosecution has to been dismissed before the of accused had pleaded the con erted to 7 proof beyond charge$ (Sec. o !"le 117&. reasonable doubt$
ALTERNATI E ANSWER:

-f the e idence of guilt is not strong and beyond reasonable doubt then the court cannot legally con ict N for murder$
8emurrer to 9vidence" 2Co 0eave of Court ('((1)

%arlos" the accused in a theft case" filed a demurrer to e idence #ithout lea e of court$ ,he court denied the demurrer to e idence and %arlos mo ed to present his e idence$ ,he court denied %arlosH motion to present idence instead judgment on Bail" :atter of 1ig,t e vs. :atter and of 8iscretion ('((+) the basis of the e idence for the prosecution$ 8as the 8hen is bail a matter of right and #hen is it a matter court correct ;51< in pre enting %arlos from presenting of discretion: his e idenceANSWER: and rendering judgment on the basis of SUGGESTED Bail a matter right ;a< before8hy: or after con iction the eisidence forof the prosecution: ;51< by the inferior courtsF ;b< before con iction by the SUGGESTED ANSWER: 5,% of an offense not punishable by death" Jes" because the demurrer to the e idence#hen #as filed reclusion perpetua or life imprisonment$" the #ithout lea e of court$ ,he 5ules pro ide that e idence of guilt is not strong (Sec. 4$ !"le 114$ #hen 2000 the demurrer to e idence is filed #ithout lea e of !"les o (riminal *roced"re&. court" the accused #ai es the right to present e idence and submits the case judgment on the Bail is discretionaryK 'pon con for iction by the 5,% of basis of the enot idence for the prosecution$ 23 o an offense punishable by death" (Sec. reclusion 119$ !e)ised (riminal *roced"re& !"le perpetua or!"les life o imprisonment (Sec. 5$ !"le 114$ 2000
o (riminal *roced"re&. !"les

8emurrer to 9vidence" 2Co 0eave of Court ('((?) ,he for Bail illegal possession of firearm filed Bail" information Bitness Posting (1999)

against the%ourt accused specifically alleged he had no Bay the re@uire a #itness tothat post bail: license permit to ;21< possess the caliber $45 pistol )=plain or your ans#er$ mentioned ANSWER: therein$ -n its e idence!in!chief" the SUGGESTED Jes$ ,he court may re@uire to post if prosecution established thea #itness fact that the bail subject he is a material #itness and bail needed secure firearm #as la#fully seiEed by is the policeto from the his appearance$ rules pro that possession of the ,he accused" that is"ide #hile the#hen pistol the #as court isat satisfied" upon proof ie#" or oath" that the a material tuc7ed his #aist in plain #ithout accused #itness #ill testify #hen re@uired" it may" upon being able tonot present any license or permit to possess motion of either order the #itness to postrested bail the firearm$ ,he party" prosecution on such e idence in such sum#ithin as may deemed refusal its case and a be period of fi proper$ e days 'pon therefrom" the to post bail" thea court shall commit him to in prison accused filed demurrer to e idence" sum until he complies or is legally discharged contending that the prosecution e idenceafter has his not testimony isthe ta7en$ (Sec. 6$ !"le 119& beyond reasonable established guilt of the accused doubt and so prayed that he be ac@uitted of the offense Com laint vs. )nformation (1999) charged$ Distinguish a %omplaint from -nformation$ ;21<

8emurrer 9vidence" of Contract of Carriage ('((?) Jes$ ,heto judgment the trial court is alid$ ,he &N" a Ba7ati!bound passenger of PB'"to a accused did not as7 forpaying lea e to file the demurrer public utility died instantly board theright bus on e idence$ ?e bus" is deemed to ha e on #ai ed his to accounteof the fatal he sustained as a present idence$ (Se head . !3 o"#ounds $ule 119; Peo(le v. 2lores, !69 SC$+ 6! D1997B; Court o" +((eals, !78 result of the strong Bernar'o impact ofv.the collision bet#een SC$+ 78! D1997B. ?o#e er" thehappened judgment#hile is notthe proper the bus and a dump truc7 that bus or is still erroneous because there #as no sho#ing #as tra elling on )D(& to#ards Ba7ati$ from ,he the proper facts" officeamong li7e the +irearms )=plosi e 'nit of foregoing others" #ere duly established the Philippine .ational that the accused hasof a on e idence!in!chief by Police the plaintiff ,J" sole heir permit to ,JHs o#n or possess the firearm" #hich is fatal to &N" in action against the subject common the confor iction of of thecontract accused$ v.&fter Court o" carrier breach of (Mallari carriage$ ,J +((eals LPeo(le,!65 SC$+ had rested his case" the*56D1996B%. common carrier filed a demurrer to e idence" contending 8ismissal" &ailure to Prosecute ('((.) that plaintiffHs e idence is insufficient because it did not sho# ;1< 8hen a criminal case is dismissed on nolle that defendant #as negligent and ;2< that such 9rose="i" can it later be refilled: ;41< negligence the pro=imate cause of the collision$ SUGGESTED#as ANSWER: (hould the court orcriminal deny defendantGs demurrer &s a general rule" grant #hen a case is dismissed on to e idence: 5eason ;51< nolle 9rose="i before briefly$ the accused is placed on trial and SUGGESTED ANSWER: before hecourt is called on not to plead" this is not e@ui alent to to .o$ ,he should grant defendantGs demurrer an ac@uittal and does not bar a subse@uent prosecution e idence because the case is for breach of contract of for the same offense$ (&alveA carriage$ Proof that the defendant #as negligent and that v. Court o" +((eals, !37 685 D199*B%. cause of the such negligence #as SC$+ the pro=imate collision is not re@uired$ (+rti les 1170 an' !!01, 8ismissal" Provisional 8ismissal ('((.) Civil Co'e; (Men'oAa v. Phil. +irlines, ,n ., 90 Phil. 836 Before Batangas the arraignment for the Co. crime murder" the D195!B; 5rans(ortation v. of Cagui-3al, !! pri ate complainant e=ecuted &ffida it of SC$+171 : 968B; +3eto v. P+8, 115 an SC$+ *89 D198!B; Desistance stating that she #as not sure if the accused +3oitiA v. Court o" +((eals, 1!9 SC$+ 95 D198*B%. #as the man #ho 7illed her husband$ ,he public 8emurrer tofiled 9vidence" 2Co 0eave of Court prosecutor a Botion to Iuash the (199!) -nformation on +acing a charge of Burder" N filed a petition for bail$ the ground that #ith pri ate complainantHs desistance" ,he petition #as opposed by the prosecution but after he did not ha e e idence sufficient to con ict the hearing the court granted bail to N$ *n the first accused$ *n D2 /anuary 2DD1" the court #ithout scheduled hearing on granted the merits" prosecution further proceedings thethe motion and manifested that it #as not adducing additional pro isionally dismissed the case$ ,he accused ga e e idence and that it resting its case$ N filed a his e=press consent to#as the pro isional dismissal of the demurrer to e idence #ithout lea e of court but it case$ ,he offended party #as notified of the dismissal #as denied by the court$ but she refused to gi e her consent$

SUGGESTED ANSWER:

1$ Did the court the complainant discretion tourged deny the the (ubse@uently" the ha prie ate demurrer to e idence the charge circumstances public prosecutor to refile under the murder because 2$ -f the ans#er to the preceding @uestion #hich is in the mentioned abo e: ;21< the accused failed to pay the consideration he affirmati e" can Nthe adduce e idence in &ffida his defense had promised for e=ecution of the it of after the denial his demurrer to eobliged idence: 0112 Desistance$ ,heof public prosecutor and refiled 3$ 8ithout further proceeding and onon the sole basis the murder charge against the accused D1 +ebruary of the e idence of the prosecution" can the court 2DD3" the accused filed a Botion to Iuash the legally con ict N for -nformation on the Burder: ground ;21< that the pro isional SUGGESTED ANSWER: dismissal of the case had already become to permanent$ 1$ Jes$ ,he %ourt had the discretion deny the ;61< demurrer to the e idence" because although the
Version 1997-2006 !dated "# Dondee

)nformation ('((1) a$ Jes" there is a legal basis for the court to deny the ,he prosecution filed an information against /ose for motion to @uash the #arrant of arrest and to #ithdra# slight physical injuries alleging constituting the information$ ,he court is the not acts bound by the the offense of but #ithout anymore alleging that 5esolution the (ecretary of /ustice$ (Cres(o v. it #as Mogul, 151 SC$+ *6!/oseHs D1987B%. unla#ful entry in the committed after complainantHs abode$ 8as the information correctly b$ -f - #ere the counsel for8hy: the accused" - #ould prepared by the prosecution: ;51< surrender the accused and apply for bail because the SUGGESTED ANSWER: offense is merely homicide" a non!capital offense$ &t .o$ ,he aggra ating ma7e circumstance of unla#ful the pre!trial" - #ould a stipulation of facts entry #ith in complainantHs abode hassho# to be that specified in the thethe prosecution #hich #ould no offense informationF other#ise" it cannot be considered as #as committed$ aggra ating$ (Sec. 8 o !"le 110$ !e)ised !"les o (riminal *roced"re& )nformation" :otion to Auas, ('((() ALTERNATI E ANSWER: B% is charged #ith illegal possession of firearms ,he information prepared by the prosecutor is not under an -nformation signed by a Pro incial correct because the accused should ha e been charged Prosecutor$ &fter arraignment but before pre!trial" B% #ith @ualified trespass to d#elling$ 8ouble found Jeo out ardy that ('((') the Pro incial Prosecutor had no D #as charged #ithfile slight physical injuries in the authority to sign and the information as it #as )nformation" Amendment ('((1) B,%$ ?e pleaded nothas guilty and #ent to During trial$ &fter %ity Prosecutor #ho such authority$ the &mando #as charged #ith its frustrated homicide$ the prosecution had presented e idence" the trial pre!trial" B% mo es that the case against him be Before he the entered his plea and upon the adon ice of his court set continuation of the hearing another dismissed on the ground that the -nformation is counsel" hethe manifested his #illingness to admit date$ *n date scheduled for it hearing" defecti e because the officer signing lac7ed the ha ing committed the offense of serious physical prosecutor failed appear" #hereupon the court" on authority to do prosecution so$to ,he Pro incial Prosecutor opposes injuries$ ,he then filed an amended motion of D" dismissed the of case$ & fe#as minutes later" the motion on the ground estoppel B% did not information for serious injuries against the prosecutor arri ed andphysical opposed the dismissal of mo e to @uash the -nformation before arraignment$ -f &mando$ 8hat steps or action should the prosecution the case$ ,he court reconsidered its order argument and directed you are counsel for B%" #hat is your to ta7e that the information against &mando D to so present hisamended e idence$ Before the ne=t Prosecutor: date of trial refute the opposition of the of Pro incial #hich do#ngrades the nature the offense could be came" ho#e er" D mo ed that the last order be set ;51< alidly made: 8hy: ;51< SUGGESTED aside on the ANSWER: ground that the reinstatement of the case #ould argue that sincein the Pro incial Prosecutor had placed him t#ice jeopardy$ &cceding to had this SUGGESTED ANSWER: no authority to file the information" the court did not motion" court dismissed the case$ ,he -n orderthe that the again amended information #hich ac@uire jurisdiction o er the person of the accused prosecutor then filed of anthe information in be the alidly 5,%" do#ngrades the nature offense could and o er D the subject the offense charged$ charging #ith directmatter assaultof based on the same facts made" the prosecution should file a motion to as7 for (Cu'ia v. Court o" +((eals, !8* SC$+ 173 D1999B%. ?ence" alleged in court the information forto slight lea e of #ith notice the physical offendedinjuries party$ this is not #ai ed if not raised ininflicted a *roced"re&. motionthe to (Sec.14 o !"le 110$ !e)ised !"les othat (riminal but ground #ith the added allegation D @uash and could be raised at the pretrial$ (Sec. 8$ !"le ,he ne#out ruleof is resentment for the protection of the interest of the injuries for #hat the complainant 117$ !"les o (o"r'&. offended party to pre ent abuse by the had done in the and performance of possible his duties as chairman prosecution$ of the board:otion of election inspectors$ )nformation" to Auas, ('((7) D mo ed to @uash the second information on the ground of that its filing 5odolfo is charged #ith possession unlicensed )nformation" Amendment" 8ouble Jeo ardy" Bail ('((')DHs had placed him in double jeopardy$ ?o# should firearms in an -nformation filed in the 5,%$ -t #as &$ D@uash and )be #ere charged #ith homicide in one motion ed:#as ;41< alleged to therein that resol 5odolfo in possession of t#o information$ Before they could be arraigned" the SUGGESTED ANSWER: a $45 caliber and!a $32 caliber$ unlicensed firearmsK prosecution mo ed should to amendgranted the information to DHs motion to @uash on the ground 'nder 5epublic &ct .o$ be >2A4" possession of an e=clude ) therefrom$ %an the court grant the motion of double jeopardy because first offense unlicensed $45 caliber gun the is punishable bycharged prision to necessarily amend: 8hy: ;21< in the second offense charged$ is included mayor in its minimum period and a fine of B$ ulan *n the facts abo *!5 e stated" suppose the D0ra v. 0onato, 1*0 SC$+ (1985%B. P3D$DDD$DD" #hile possession of an unlicensed $32 prosecution" of filing a motion to amend" ALTERNATI E instead caliber gun is ANSWER: punishable by prision correctional in its mo ed to #ithdra# the information altogether and its DHs motion to @uash should be denied because the ma=imum period and a fine of not less than motion #as granted$ %an the prosecution re!file the t#o dismissals of the case against him #ere on his P15"DDD$DD$ &s counsel of the accused" you intend to information although time for murder: )=plain motion ;hence #ith histhis e=press consent< and his right file a motion to @uash the -nformation$ 8hat ground ;31< to a speedy trial #as not iolated$ or grounds should you in o7e: )=plain$ ;41< SUGGESTED ANSWER: &$ Jes" pro ided is gi en C,arges to the offended 8ouble Jeo ardy" E notice grading" *riginal ('((7) SUGGESTED ANSWER: party and the court states its reasons forby granting the +or the multiple stab #ounds sustained the ictim" ,he ground for the motion to @uash is that more than same$ (!"le 110$ sec. 14&. .oeloffense #as charged #ith homicide in 3[ the one is charged infrustrated the information$ (Sec. ]$ 5,%$ 'pon arraignment" he entered a plea of guilty !"le 117$ 2000 !"les o (riminal *roced"re& 4i7e#ise" the to said crime$ .either the nor the prosecution 5,% has no jurisdiction o court er the second offense of

Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com sirdondee@gmail.com Page Page 45 44 46of of 66 66 #as possession a#are that of the an

unlicensed ictim died $32 t#o caliber days gun" earlier punishable on account by of his prision stab B$had Jes" the prosecution can re!file the information for #ounds$ correctional Because in of ma=imum his guilty plea" .oel and a#as fine con ofhomicide not icted less of murder in its substitution ofperiod the information for frustrated than P15$DDD$DD$ homicide and is the meted B,% the that corresponding penalty$ e and because no -t double jeopardy hashas as e=clusi yet attached$ D&alveA v. Court o" learned +((eals, !37 8hen original thejurisdiction prosecution o er all of the offenses ictimGs punishable death" it filed by SC$+ 685not (199*%B. #ithin imprisonment fifteen ;15< e=ceeding days therefrom si= years$ a motion (Sec. 2$ to !.1. amend .o. 7691$ the amending 6.*.to 6lg. information upgrade the charge from frustrated homicide )nformation" Amendment" ervening 9ventsthe (1997) 129& to consummated homicide$ Su .oel opposed motion & #as accused of homicide for the 7illing of B$ claiming that the admission of the amended information )nformation" :otion to Auas," 3rounds (199!) During the trial" the public prosecutor recei ed a #ould place him in double jeopardy$ 5esol e the motion 1 6i e t#o ;2< grounds to @uash an -nformation$ copy of the marriage certificate of & and B$ #ith reasons$ ;41< 0212 ;a< %an-f the public prosecutor mo e for by the a SUGGESTED ANSWER: 2 -nformation is not accompanied ,he amended information to consummated amendment of the to & homicide #ith the certification that a information preliminary in charge estigation has been from frustrated homicide not the place the accused ;b< (uppose of modoes ing oid: for amendment of crime of parricide: conducted$ -sinstead the -nformation 0312 SUGGESTED ANSWER: in jeopardy$ &s pro ided in presented the second the double information" the public prosecutor in 1$ to @uash an #ithout -nformation areK paragraph of grounds Sec. 7$ !"le 117$2000 !"les oobjection (riminal e idence,#o the marriage certificate a< facts charged do not constitute an *roced"re " the the of the accused shall not be on ,hat the part ofcon the iction defense" could &be con icted ofa offenseF and bar to another prosecution for an offense #hich parricide: b< ,hat the court trying the case no SUGGESTED ANSWER: necessarily includes the offense charged in thehas former ;a< .o$ ,he -nformation cannot be amended to jurisdiction o er the offense charged or the complaint or information #henK ;a< the gra er offense change the offense charged from homicide to person of the accused$ de eloped due to super ening facts arising from the c< ,hat the officer #ho filed the information had parricide$ +irstly" the marriage is not a super ening same act or omission constituting the former chargeF no authority to do ,hat it does not fact arising from the act soF constituting the charge of or ;b< the facts constituting thed< gra er charge became conform substantially to the prescribed formF homicide$ (Sec. 7[a] o !"le 117&. (econdly" after plea" 7no#n or #ere disco ered only after a plea #as amendments may be done only as matters of form$ entered in the former complaint orto information$ ?ere" e< ,hatismore than one offense is charged ,he amendment substantial because it #ill #hen the plea to frustrated homicide #as change made" e=ceptofin those cases in e=isting la#s the nature the offense$ . 1*#hich o" $ule 110;a#are 0ional'o neither the court nor the (Se prosecution #as that us. 0a u/ u/. 108 736%.punishment for prescribe aSC$+ single arious the ictim had died t#o days earlier on account of his offensesF stab #ounds$ be con icted only of homicide not of ;b< .o$ f< & can ,hat the criminal action or liability has parricide #hich been e=tinguishedF 9;tradition ('((?) is a gra er offense$ ,he accused has the constitutional due process and if to true" be ,hat itrights contains erments #hich" 5P g< and (tate NN ha eofa a subsisting )=tradition informed of the nature and the cause of the accusation #ould constitute a legal or justificationF ,reaty$ Pursuant thereto 5PGse=cuse (ecretary of /ustice against him$a(Secs. 1$ 14for (1& and (2? 1r'. 222. 1987 the BB and ;(*/< filed Petition )=tradition before (ons'i'"'ion&$ h<alleging ,hat accused been pre iously 5,% thatthe /uan 9#an has is the subject of an con icted or in jeopardy of being con icted" or arrest #arrant duly issued by the proper criminal )nformation" Bail ('((.) ac@uitted of the charged$ 3$ court (tate NN inoffense connection #ith(Sec. a criminal case &fter ofthe re@uisite the Pro incial !"le 117. !"les o proceedings" (riminal *roced"re.& for ta= e asion and fraud before his return to 5P as a Prosecutor filed an -nformation for homicide against bali7bayan$ Petitioner prays that /uan be e=tradited SUGGESTED ANSWER: N$ ,he latter" ho#e er" timely filed a Petition for and deli ered to the proper authorities of Prosecutor (tate NN 2$ ,he certification #hich is proincial ided in (ec$ 4" 5e.o$ ie# of the 5esolution of the Pro for trial" and that to pre ent /uanGs flight in the 5ule 112$ 5ules of %riminal Procedure" is not an #ith the (ecretary of /ustice #ho" in due time" issued interim" a #arrant forthe his immediate issued$ indispensable part of information$ (Peo(le vs. a 5esolution re ersing the resolution arrest of the be Pro incial Before the 5,% could act on the petition 8a(ura, !55 SC$+ 85.% Prosecutor and directing him to #ithdra# for the e=tradition" /uan filed before it an urgent motion" in -nformation$ Judgment" Promulgation of Judgment (1997) sum praying ;1< that (o/Gs application for an arrest N" the accused in a homicide case before the 5,%$ #arrant be set for hearing and ;2< that /uan be Before the Pro incial Prosecutor could comply #ith Dagupan %ay" #as personally notified of the allo#ed to post bail in the e ent the court #ould issue the directi e of the (ecretary of /ustice" the court promulgation ofofjudgment in court his setorfor 1D an arrest #arrant$ (hould the grant deny issued a #arrant arrest against N$ case December 1AA6$ *n said date$ N #as not present as /uanGs prayers: 5eason$ ;51< SUGGESTED ANSWER: he had to attend to the filed trial of another to criminal ,he Public Prosecutor a Botion Iuash case the 'nder the )=tradition ,reaty and 4a#" the application of against him in ,arlac" ,arlac$ ,he trial court denied 8arrant of &rrest and to -nformation" the (ecretary of /ustice for8ithdra# a #arrant the of arrest need not the motion of the 5esolution counsel of of N the to (ecretary postpone the attaching it the of be set for to hearing" and /uan cannot be allo#ed to post promulgation$ /ustice$ ,he court denied theamotion$ ;61< a< 8as bail if the court #ould issue #arrant of arrest$ ,he ;a< ?o# shall the court promulgate the judgment in there a legal for the court on to deny pro isions in basis the 5ules of %ourt arrest the and bail are not the absence of you the accused: motion: b< -f #ere the counsel for the accused" basically applicable$ ;b< %an the trial court also order the arrest of #hat remedies" if any" #ould you pursue: (&overn-ent o" the :nite' States o" +-eri a v. Puruganan, N:
389 SC$+ 6!3 D!00!B%
SUGGESTED ANSWER:

by: sirdondee@gmail.com Page 47 of 66 Parties" Prosecution of *ffenses ('((() depositing criminal doc7et the amounts and a copy in his thereof ;%NHs< serpersonal ed uponban7 the Jour friend JJ" an orphan" 16 years old" see7s your accused or account$ %N counsel$ files a(Sec. motion 6. '3ird to 9ar.$ suspend !"le 120& proceedings legal ad ice$ (he tells you that OO" her uncle" pending resolution of a ci il case earlier filed in court ;b< .o" trial court order the arrest of N if subjected her to acts of lasci iousnessF that #hen she by %N the against BB cannot for accounting and damages the ol judgment one of subject ac@uittal in any e case$ ent" told her grandparents" they told her to just 7eep @uiet in ing the is amounts of and" the criminal his the failure to appear #ascriminal #ith justifiable cause since and not to file charges against OO" their son$ +eeling &s prosecutor in the case" briefly discuss he had to attend another of criminal case against him$ ery much aggrie ed" she as7s you ho# her uncle OO your grounds intosupport your opposition to the can be made to ans#er for his crime$ a< 8hat #ould motion to suspend proceedings$ ;51<$ SUGGESTED ANSWER: Jurisdiction" Com le; Crimes ('((.) your ad ice be: )=plain$ ;31< b< (uppose the crime &s the prosecutor" - #ill that the motion to -n comple= crimes" ho# is argue the jurisdiction of a court committed against JJ by her suspend is not in order for the follo#ing reasonsK uncle OO is rape" #itnessed by your mutual determined: 41 1 ,heANSWER: ci il case filed by %N against BB for SUGGESTED friend NN$ But this time" JJ #as pre ailed upon -n a comple= crime" jurisdiction er e the #hole accounting and damages does not ino ol an issue similar by her grandparents not to file charges$ NN as7s comple= crime must beto lodged #ith trial courtin the to or intimately related the issue ofthe estafa raised you if she can initiate the complaint against OO$ ha ing jurisdiction to impose the ma=imum and most criminal action$ 8ould your ans#er be the same: )=plain$ ;21<$ serious penalty imposable anissue offense 2 ,he resolution ofon the in forming the ci ilpart case for SUGGESTED ANSWER: of the comple= (Cu/os v. #hether &ar ia, 160 30! accounting #illcrime$ not determine or SC$+ not the criminal ;a< - #ould ad ise the minor" an orphan of 16 years D1988B%. action for estafa may proceed$ (Sec. 5$ !"le of age" to file the complaint herself independently of Jurisdiction" &inality of a Judgment ('((7) her grandparents" because she is not incompetent or Bariano #as con icted by the 5,% for raping 3ictoria and incapable to doing so upon grounds other than her meted the penalty of reclusion perpetua$ 8hile ser ing minority$ (Sec. 5$ !"le 110$ !"les o (riminal *roced"re.& sentence at the .ational Penitentiary" Bariano and 3ictoria ;b< (ince rape is no# classified as a %rime &gainst #ere married$ Bariano filed a motion in said court for his Persons under the &nti!5ape 4a# of 1AA7 (!1 8353&$ release from the penitentiary on his claim that under - #ould ad ise NN to initiate the complaint against 5epublic &ct .o$ >353" his marriage to 3ictoria OO$ e=tinguished the criminal action against him for rape" as Plea of 3uilty" to a 0esser *ffense ('((') #ell as the penalty imposed on him$ ?o#e er" the court D #as charged #ith theft of an article #orth denied the motion on the ground that it had lost jurisdiction p15"DDD$DD$ 'pon being arraigned" he pleaded not o er the case after its decision had become final and e=ecutory$ ;71< guilty to the offense charged$ ,hereafter" before trial commenced" he as7ed the court to allo# him to change his plea of not guilty to a plea of guilt but a% ,s the "iling o" the ourt orre t; 47(lain. only to estafa in ol ing P5"DDD$DD$ %an the court SUGGESTED ANSWER: allo# D to change his plea: 8hy: ;21< .o$ ,he court can ne er lose jurisdiction so long as its
Remedial Law Bar Examination Q & A (1997-2006)

)o. 13!05, .anuar/ 19, 1999%

decision has not yet been fully implemented and satisfied$ +inality of a judgment cannot operate to di est a court of its jurisdiction$ ,he court retains an interest in seeing the proper e=ecution and implementation of its judgments" and to that e=tent" may issue such orders necessary and appropriate for these purposes$ (4 hegara/ v. Se retar/ o" .usti e, &.$.
3% Ihat re-e'/1re-e'ies shoul' the ounsel o" Mariano taCe to se ure his (ro(er an' -ost e7(e'itious release "ro- the )ational Penitentiar/; 47(lain.

.o" because a plea of guilty to a lesser offense may be allo#ed if the lesser offense is necessarily included in the offense charged$ (!"le 116$ sec. 2&. )stafa in ol ing P5"DDD$DD is not necessarily included in theft of an article #orth P15"DDD$DD
Pre/udicial Auestion (1999)

SUGGESTED ANSWER:

8hat is a prejudicial @uestion: ;21< & prejudicial @uestion is an issue in ol ed in a ci il action #hich is similar or intimately related to the issue raised in the criminal action" the resolution of #hich determines #hether or not the criminal action may proceed$ (Sec. 5 o !"le 111.&
ANOT!ER ANSWER: SUGGESTED ANSWER:

,o secure the proper and most e=peditious release of Bariano from the .ational Penitentiary" his counsel should fileK ;a< a petition for habeas corpus for the illegal confinement of Bariano ;5ule 1D2<" or ;b< a motion in the court #hich con icted him" to nullify the e=ecution of his sentence or the order of his commitment on the ground that a super ening de elopment had occurred (Melo v. Peo(le, &.$. )o. 86 3580, Mar h !!, 1950% despite the finality of the judgment$

SUGGESTED ANSWER:

& prejudicial @uestion is one based on a fact distinct and separate from the crime but so intimately connected #ith it that it determines the guilt or innocence of the accused$
Pre/udicial Auestion ('((()

%N is charged #ith estafa in court for failure to remit SUGGESTED ANSWER: to BB sums of money collected by him ;%N< for ;a< -n the absence the accused" the promulgation BB in payment forof goods purchased from BB" by shall be made by recording the /udgment in the
Version 1997-2006 !dated "# Dondee

by: sirdondee@gmail.com sirdondee@gmail.com Page Page 4A 4> of of 66 66 implicated alia" the v. $o-an, +.M. admitted )o. $5.693690*, 2e3ruar/ !8, statement that the LDefense all the documentary imprisonment of up to 1D years of prision mayor (Mantaring so long as the search is conducted ining the place #here ;c< ,he proper court is the (andiganbayan #hich has 1996%, e idence of the Prosecution"L thus lea the accused under the 5e ised Penal %ode$ &fter trial" he #as #arrant #ill be himself" ser ed$ and Boreo er" describing jurisdiction o the er crimes by a consul or the littlesearch or no room to defend iolating his right con icted of offensecommitted charged" not#ithstanding shabu in an undetermined sufficiently higher infacts the diplomatic ser ice$ (Se .the *( trial %. P0 the against self!incrimination$ (hould amount the courtis grant or deny that theofficial material duly established during (Peo(le v. 5ee, &.$. 1606, as a-en'e' 3/ offense $+. )o. 7975%. ,he (andiganbayan I5Gs motion: 5eason$ ;51< sho#ed that the committed #as estafa" particular$ )os. 1*05*66*7, .anuar/ !0, !003% is a national court$ ()uneA v. San'igan3a/an, SC$+ punishable by imprisonment of up to eight 111 years of SUGGESTED ANSWER: *33 D198!B. -t has onlythe one enue at present" #hich in prision mayor under said %ode$ .o appeal ha is ing ,he should denyAutomatic I5Gs motion$ -f in the pretrial %rial"court %rial in Absentia" 1evie2 of Conviction Betro Banila" until 5&$ .o$ judgment 7A75" proof iding t#o been ta7en therefrom" said con for iction agreement signed by the accused and his counsel" the (199!) other branches %ebu and in %agayan *ro"-s is became final$ -s in the judgment of con ictionde alid: accused admits the documentary e idence of the 1$ 8hat are the re@uisites of a trial in absentia: implemented$ the said judgment re ie#able thru a special ci il prosecution" it does not iolate his right against self! 0212 A"#$%&'#()$ A&*+$%*: action for certiorari: 5eason$ ;51< incrimination$ ?is la#yer cannot file a motion to ;b< ,he information may be filed either in %alamba 2$ -f an accused #ho #as sentenced to death SUGGESTED ANSWER: #ithdra#$ & is pre!trial ordera is not necessity needed$ (Ba/as v. Jes" judgment of con iction for theft uponno an or in the Ba7ati %ity" not in ,agaytay %ity #here escapes" there still legal for the San'igan3a/an, 391 SC$+ *15(!00!N%. ,he admission of SUGGESTED ANSWER: information for theft iscommitted" alid because the court had offense had as yet been (upreme %ourt to re ie# the decision of 1$ ,he re@uisites trialisin absentia areK ;a< the such documentary e of idence allo#ed by the rule$ jurisdiction to render judgment$ ?o#e er" the con iction: 0312 accused has already been arraignedF ;b< he has been ;c< &ssuming that the has ,he no (Se . ! o" $ule 118; Peo(le v. <ernan'eA, !60 SC$+ !5 judgment #as grossly and (andiganbayan blatantly erroneous$ duly notified of the trialF and ;c< his failure to appear D1996B%. jurisdiction" the proper enue and is the 5,% of in ariance bet#een the e idence the first judgment is unjustifiable$ (Se . 1* D!B, +rti le ,,,. Constitution; #hich the charge is filed since (Sec. 15(d&. 110&.is one for con iction is substantial the e!"le idence Pre$%rial" vs.SC$+ Civil Case (1997) Para'a vs.Criminal =enera Case ion, !69 371 D1997B.% 111$ !"les o (riminal *roced"re.& estafa #hile the judgment is one for theft$ ,he 6i e three distinctions bet#een a pre!trial in a elements of the t#o crimes are not the same$ (8auro 2$ Jes" case there and is still a legal necessity the (upreme criminal a pre!trial in a ci il for case$ Pre/udicial Auestion" Sus ension of Criminal Action Santos v. Peo(le, 181 SC$+ *87%$ *ne offense does not SUGGESTED ANSWER: %ourt (as o 2004 '3e (o"r' o 199eals 3as '3e (1999) necessarily include or is included in the other$ (Sec. 5 ,hree distinctions bet#een a pre!trial in a criminal @"risdic'ion 'o s"c3 re)ie%& to re ie# the decision of & allegedly sold to B a parcel of land #hich & later !"le 120&. o case and a pre!trial in a ci il case are as follo#sK con iction sentencing the accused to death" because he also sold to N$ B brought a ci il action for 1. entitled ,he pre!trial in a case is conducted is to an automatic recriminal ie# of the death sentence$ nullification of the second andis as7ed that the sale ,he judgment of con sale iction re ie#able by (Sees. only L#here the accused and counsel agreeL (!"le 118$ 3DeB an' 10, $ule 1!!, $ules o" Cri-inal Pro e'ure; Peo(le made by e&enin fa or had be declared alid$ & certiorari if his no appeal been ta7en" because Sec. 1& K #hile the pre!trial in a ci il case is mandatory$ vs. 4s(argas, !60 SC$+ 539.% theoriEed he ne er sold the to B and his the judgethat committed a gra e property abuse of discretion (Sec. 1 o ormer !"le 20# Sec$ 1 o ne% !"le purported signatures appearing in his the jurisdiction first deed of tantamount to lac7 or e=cess of in 5enue (1997) 18&. sale icting #ere forgeries$ ,hereafter" an in -nformation for con the accused of theft and iolating due 8here is the proper enue for the filing of an estafa #as against & informed based on of thethe same double process andfiled his right to be nature and 2$ ,he in pre!trial in a criminal not information the follo#ing cases: a<case ,he does theft of a salecause that #as the accusation subject of the ci ilhim" action$ & filed a the of the against #hich ma7e consider the%ity possibility of a compromise" #hich is car in Pasig #hich #as LBotion for (uspension of &ctionL criminal the judgment oid$ 8ith the mista7e in in the charging the brought to *bando" Bulacan"in #here it #as one important aspect of the pre!trial a ci il case$ case" contending that judge the resolution of the issue in the proper offense" the should ha e directed the (Sec. 1 o ormer !"le 20# Sec. 2 o ne% !"le 18&. cannibaliEed$ ci il case necessarily be determinati e of his filing of #ould the proper information and thereafter b< ,he theft by N" a bill collector of &B% guilt or innocence$ -sinformation$ the suspension of the criminal dismissed the original (Sec. 19 o !"le 119&. 3. -n #ith a criminal case" a in pre!trial is %ompany" main offices Ba7atiagreement %ity" of his action in order: )=plain$ ;21< re@uired to be reduced to #riting and signed by the collections from customers in ,agaytay %ity$ -n the SUGGESTED ANSWER: accused counsel (See# !"le 118$detailed Sec. 4&F #hile in contract and of his employment" N #as to the Jes$ ,he suspension of the criminal action is in order Searc, Barrant" :otion to Auas, ('((7) a ci il case" the agreement may be contained in the %alamba branch office" 4aguna" #here he #as to turn because the defense & in the ci ilPolice action"District" that he Police operati es ofofthe 8estern pre!trial order$ (Sec. 4 o ormer !"le in his collections$ ne er sold the property to B applied and that for his purported Philippine .ational Police" a search 20# See 7 o mal ne% !"le 78&. of public funds by a c< ,he ersation signatures the first for deed of search sale #ere a #arrant in in the 5,% the of forgeries" the houseisof Philippine consul detailed in the Philippine )mbassy prejudicial resolution #hich is /uan (antos@uestion and the the seiEure of an of undetermined Provisional 8ismissal ('((') in 4ondon$ determinati e of his guilt orarri innocence$ -f house the first amount of shabu$ ,he team ed at the of -n a prosecution for robbery against D" the prosecutor SUGGESTED ANSWER: sale is null and to oid" there #ould no double sale (antos but failed find him there$be -nstead" the team mo ,he ed for the postponement of the #here first scheduled ;a< proper enue is in Pasig %ity the theft and & #ould be%o$ innocent of theconducted offense of a estafa$ found 5oberto ,he team search in hearing on #as the ground that he had lost his records of of the car committed" not in *bando #here it ($as v. $asul, SC$+ 1!5.% the house of100 (antos in the presence of 5oberto %o the case$ ,he court granted the motion but" #hen the #as cannibaliEed$ ,heft is not a continuing offense$ and barangay officials and found ten ;1D< grams of ne# date of trial ed"665%. the prosecutor" alleging that (Peo(le v Mer a'o, arri 65 Phil Pre$%rial Agreement ('((?) shabu$ 5oberto %o #as charged in court #ith illegal he could not locate his #itnesses" mo ed for the Bayor ,B #as charged of mal ersation through possession of ten grams of shabu$ Before his ;b< the crime charged theft" the counsel enue does is in pro -f isional dismissal of the is case$ -f DHs falsification of official documents$ &ssisted by &tty$ arraignment" 5oberto %o filed a motion to @uash the %alamba #here he did not turn in his collections$ -f not object" may the court grant the motion of the *P as counsel de parte during pre!trial" he signed #arrant on the follo#ing grounds ;a< it #as not the the crime of N is estafa" the essential ingredients of the prosecutor: 8hy: ;31< together #ith *mbudsman Prosecutor ,6 a L/oint SUGGESTED accused named in the search #arrantF and ;b< the offense too7ANSWER: place in ,agaytay %ity #here he recei ed (tipulation of +acts and Documents"L #hich #as .o" because ain case cannot be he pro isionally #arrant does not describe the article to be seiEed #ith his collections" %alamba #here should ha e presented to the (andiganbayan$ Before the court dismissed e=cept upon the e=press consent of the sufficient particularity$ 5esol e the motion #ith turned in his collections" and in Ba7ati %ity #here the could issue a pre!trial order but after some delay accused and #ith notice to the offended party$ (!"le reasons$ ;41< &B% %ompany #as based$ ,he information may SUGGESTED ANSWER: caused by &tty$ *P" he #as substituted by &tty$ I5 117$ sec. 8&. filed in ,agaytay %ity or %alamba or therefore ,he motion to @uash should denied$filed ,he a name of 1emedies" be 5oid Judgment ('((?) as defense counsel$ &tty$ I5 be forth#ith motion Ba7ati #hich ha e concurrent territorial /urisdiction$ the person in the search #arrant is not important$ -t is &N #as charged before the JJ 5,% #ith theft of to #ithdra# the L/oint (tipulation"L alleging that it (Catingu3 vs. Court o" +((eals, not e en necessary that a particular person be je#elry alued at P2D$DDD" punishable #ith prejudicial to the accused because it contains" inter 1!1 SC$+ 106%.
Remedial Law Bar Examination Q & A (1997-2006)
Version 1997-2006 !dated "# Dondee

Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com Page 5D of 66 &cting on a tip by

an informant" police officers stopped a car being dri en by D and ordered him to open the trun7$ ,he officers found a bag containing se eral 7ilos of cocaine$ ,hey seiEed the car and the cocaine as e idence and placed D under arrest$ 8ithout ad ising him of his right to remain silent and to :a,inayE .(' SC1A =77 11999G" Peo le v. 9s irituE .(' SC1A ha e the assistance of an attorney" they @uestioned him 7.. F1999G). regarding the cocaine$ -n reply" D said" P- donHt 7no# anything about it$ -t isnHt e en my car$Q D #as charged #ith Admissibility" Admission of 3uilt" 1e<uirements ('((+) illegal possession of cocaine" a prohibited drug$ 'pon 8hat are the re@uirements in order that an admission motion of D" the court suppressed the use of cocaine as of guilt of an accused during a custodial e idence and dismissed the charges against him$ D in estigation be admitted in e idence: ;2$51< commenced proceedings against the police for the reco ery SUGGESTED ANSWER: of his car$ -n his direct e=amination" D testified that he 1 ,he admission must be oluntary$ o#ned the car but had registered it in the name of a friend 2 ,he admission must be in #riting$ forof con enience$ *n cross!e=amination" the attorney 3 ,he admission must be made #ith the assistance representing the police as7ed" P&fter your arrest" did you competent" independent counsel$ not tell the arresting officers that it #asnHt your car:Q -f you #ere DHs attorney" #ould you object to the @uestion: 8hy: ;51< before #hom they signed the statements #as a la#yer" he #as not functioning as a la#yer" nor can he be considered as an independent counsel$ 8ai er of the right to a la#yer must be done in #riting and in the presence of independent counsel$ (Peo le v.

EVIDENCE
Admissibility (199!)

SUGGESTED ANSWER:

,he barangay captain reported to the police that N #as illegally 7eeping in his house in the barangay an &rmalite B16 rifle$ *n the strength of that information" the police conducted a search of the house of N and indeed found said rifle$ ,he police raiders seiEed the rifle and brought N to the police station$ During the in estigation" he oluntarily signed a (#orn (tatement that he #as possessing said rifle #ithout license or authority to possess" and a 8ai er of 5ight to %ounsel$ During the trial of N for illegal possession of firearm" the prosecution submitted in e idence the rifle$ (#orn (tatement and 8ai er of 5ight to %ounsel" indi idually rule on the admissibility in e idence of theK 1$ 5ifleF 0212 2$ (#orn (tatementF and 0211 3$ 8ai er of 5ight to %ounsel of N$ 0112 1$ ,he rifle is not admissible in e idence because it #as seiEed #ithout a proper search #arrant$ & #arrantless search is not justified$ ,here #as time to secure a search #arrant$ (Peo le us. 9ncinada 3.1. Bo.
11+7'(E *ctober '. 1997 and ot,er cases)
SUGGESTED ANSWER:

1.A. 7=.! (199')E secE '" Peo le v. :a,inayE .(' SC1A =77G.
ALTERNATI E ANSWER:

Jes" because his admission made #hen he #as @uestioned after he #as placed under arrest #as in iolation of his constitutional right to be informed of his right to remain silent and to ha e competent and independent counsel of his o#n choice$ ?ence" it is inadmissible in e idence$ FConstitutionE Art. )))E sec. 1'" Jes" because the @uestion did not lay the predicate to justify the cross!e=amination @uestion$
Admissibility ('((?)

2$ ,he s#orn statement is not admissible in e idence because it #as ta7en #ithout informing him of his custodial rights and #ithout the assistance of counsel #hich should be independent and competent and preferably of the choice of the accused$ (Peo le us.
JanuarioE '+7 SC1A +(!.)

3$ ,he #ai er of his right to counsel is not admissible because it #as made #ithout the assistance of counsel of his choice$ (Peo le us. 3omeCE
'7( SC1A =...)

(gt$ 65 of 8PD arrested t#o .P& suspects" Ba= and Bri=" both aged 22" in the act of robbing a grocery in )rmita$ &s he handcuffed them he noted a pistol tuc7ed in Ba=Gs #aist and a dagger hidden under Bri=Gs shirt" #hich he promptly confiscated$ &t the police in estigation room" Ba= and Bri= orally #ai ed their right to counsel and to remain silent$ ,hen under oath" they freely ans#ered @uestions as7ed by the police des7 officer$ ,hereafter they signed their s#orn statements before the police captain" a la#yer$ Ba= admitted his part in the robbery" his possession of a pistol and his o#nership of the pac7et of shabu found in his poc7et$ Bri= admitted his role in the robbery and his possession of a dagger$ But they denied being .P& hit men$ -n due course" proper charges #ere filed by the %ity Prosecutor against both arrestees before the BB 5,%$ Bay the #ritten statements signed and s#orn to by Ba= and Bri= be admitted by the trial court as e idence for the prosecution: 5eason$ ;51< .o$ ,he s#orn #ritten statements of Ba= and Bri= may not be admitted in e idence" because they #ere not assisted by counsel$ ) en if the police captain
SUGGESTED ANSWER:

Admissibility ('((')

by: sirdondee@gmail.com sirdondee@gmail.comPage Page 52 51 of 66 of 66 deemed to SUGGESTED ANSWER: an electronic document as defined in these 5ules$ property 1< (pecific is in objectionsK ol ed$ &s )=ampleK counsel parol for /ocelyn e idence andand her include ;a< by o & :lec'ronic to pay the hospitaliEation e=penses o ,he !"le offer 3$ !"les :)idence e ec'i)e 1"g"s' 1$ best e idence rule co!petitioners" argue against the objections of the (Sec. 1 2001&. of B is not admissible in e idence to pro e his guilt 6eneral *bjectionsK continuing objections spouses %eres so as)=ampleK to con ince the court to allo# in both the ci il and criminal cases$ (!"le 130$ ;(ec$ 37 of 5ule 132<$ each of the fi e ;5< arguments the partition$ Discuss Sec. 27$ o"r'3 9ar.&. &n electronic document is admissible in e idence if it briefly but completely$ ;1D1< SUGGESTED ANSWER: complies #ith the rules on admissibility prescribed by 2< ,he t#o 7inds of objections areK ;1< objection to a ;b< .o$ -t is obligation ;1< ,he baptismal certificate can sho# filiation or the 5ules of irrele %ourt ant$ and ,he related la#s of and the is @uestion propounded in the course of the oral insurance company is based on the contract of pro e pedigree$ -t is one of the other means allo#ed authenticated in the manner prescribed by these e=amination of the #itness and ;2< objection to an insurance and is !"le not admissible e idence against under the and special la#s to sho# 5ules$ (Sec. 2 o 3$ 2d.&. ,he in authenticity of any offer of e 5ules idenceof in %ourt #riting$ *bjection to a @uestion the accused because it #as not offered by the accused pedigree$ (5rini'a' v. Court o" +((eals, !89 SC$+ 188 pri ate electronic document must be pro ed by propounded in the course of the oral e=amination of a but by thethat insurance #hich signed is not his agent$ D1998B; o" +((eals, 300 e idence it hadcompany been digitally and other #itness<eirs shallo" be,8gna made io asConti soon v. as Court the grounds therefor SC$+ 3*5 D1998B%. appropriate security measures ha e been applied$ (Sec. shall become reasonably apparent other#ise" it is Admissibility" Private 8ocument ('((7) 2 o !"le 5$ 2d.&. #ai)ntries ed$ &n of objection inbe #riting shall ;2< in offer the family bible may recei ed as be Bay a pri ate document be offered" and admitted in made #ithin three ;3<(Se days after of the offer" e idence of pedigree$ . *0, $ulenotice 130, $ules o" Court%. e idence both asdocument documentary e idence and as ;b< &n electronic shall be regarded as the unless a different period is allo#ed by the court$ -n object e idence: )=plain$ e@ui alent of an original document under the Best both instances the grounds for objection must be SUGGESTED ANSWER: ) idence 5ule if it is a printout or output readable by specified$ &n admission e=ample of theci first ise=press #hen the #itness ;3< ,he certification by the il registrar of(Peo(le the non! Jes" it can be as both and 4$ ,he must be v. sight or other considered means" sho#n to documentary reflect the data is ailability being cross!e=amined and cross e=amination is a is the needed to justify the Prinsi(e, &.$. of )o. records 13586!, Ma/ !, !00!%. object e idence$ & pri ate document may be offered accurately$ (Sec. 1 o !"le 4& on &n e=ample of #hich the second is 5$ a matter -n not case theant$ accused #ai es his rights to presentation ofrele secondary e idence" is the and admitted in e idence both as documentary that the e idence offered issuch not the idence$ silence and #ai ere must be o" in photocopy of to the counsel" birth certificate ofbest /ocelyn$ (<eirs e idence and*b/ect as object e 9vidence idence$ (199?) & document can Admissibility" or 1eal ,gna io Conti v. Court o" +((eals, su(ra.% of competent" #riting" e=ecuted #ith the assistance also be considered as an object for purposes of the &t the trial of &ce for iolation of the Dangerous Admissibility" *ffer to :arry" Circumstantial 9vidence independent counsel$ case$ *bjects as e idence are those addressed to thea Drugs &ct" the prosecution offers in e idence (199!) ;4< Declaration of heirship in a settlement senses of the court$ (Sec. 1$ !"le 130$ !"les o (o"r'& photocopy of the mar7ed P1DD$DD bills used in the & #as accused ha ing on the proceeding is 8ocument" notof necessary$ -t can N$ be made in the Admissibility" =ot raped raised in 5ule t,e Pleading Documentary e idence consists of #ritings or any Pbuy!bustQ operation$ &ce objects to the introduction admissibility of the of the e idenceK ('((?) ordinary action for follo#ing partition pieces #herein heirs are material containing #ords" figures" of the photocopy on letters" the ground that numbers" the Best ) idence e=ercising the right pertaining to the decedent" their -n a complaint for a sum of money filed before the symbols or other modes of of #ritten e=pressions" 5ule prohibits the introduction secondary e idence 1 an plaintiff offer of & toto marry NF and ;312 predecessor!ininterest" as7 for partition as co! BB 5,%" did not mention or e en just hint offered ns proof of their contents$ ; Sec. 2$ !"le 130$ in lieu of the original$ a< -s the photocopy real ;object< 2 a pair for of payment short pants allegedly left by & at the o#ners ;-d$< at any demand made on defendant before !"les o (o"r'& ?ence" a pri ate document may be e idence or crime #hich the court" o the objection of &"duly re@uired ;5< ) en if real property is er inthe ol ed" no plaintiff publication is commencing suit$ During trial" presented documentary as e object idence: e idence b< -s the in photocopy order to Gestablish him to put on" and #hen he did" itthe fit stated himis #ell$ necessary" because is the0212 mere offered )=h$ L&L in e #hat idence forsought purpose of certain admissible physical in e idence: e idence or characteristics that are segregation of 4indaHs share in the property$ (Sec. 1o pro ing the ma7ing of e=trajudicial demand on SUGGESTED ANSWER: isible on the paper and #ritings that comprise the SUGGESTED ANSWER: !"le 69# 2d.& to pay P5DD$DDD" the subject of the suit$ defendant a< ,he photocopy of the mar7ed bills is real ;object< 1$ &Gs offer to marry N is admissible in e idence as document$ Admissibility" of &iliation" Action of Partition ('((() )=h$ L&L #as a letter of for defendant to pay e idence notProof documentary e idence" because the an -mplied admission of demand guilt (1997) because rape cases are Admissibility" 1ules of 9vidence said sum of money #ithin 1D days from receipt" mar7ed bills are real e idence$ not allo#ed to be compromised$ (Se .adoption !7 o" $ule of 139; 6i e the reasons underlying the the 4inda and spouses &rnulfo and 5egina %eres #ere addressed to and !!6 serSC$+ ed on defendant some t#o Peo(le vs. 0o-ingo, 156.% follo#ing rules of e idenceK co!o#ners of photocopy a parcel of 4inda died b< Jes" the island$ admissible in e intestate idence" months before suit #as begun$ 8ithout objection ;a< Dead Ban and #ithout ,en rule ;1D< does persons because the any best issue$ e idence notheaded apply by to from the court admitted )=h$ L&L in 2$ ,he defendant" pair of short pants" #hich fit the accused #ell" ;b< 5ule Parol ) idence /ocelyn" to be the collateral relati es of the object or claiming real e idence$ e idence$ 8as the courtGs admission of )=h$ L&L in is circumstantial e idence of his guilt" although ;c< Best ) idence 5ule 5ule deceased 4inda" filed an action for partition #ith the e idence erroneous or not: ;51< standing it cannot be5eason$ the basis of of conillegally iction$ ;d< ,he alone rule against the admission SUGGESTED ANSWER: Admissibility" (1997) 5,% praying*b/ections for the segregation of 4indaHs T share" ,he accused cannot object to the court re@uiring him obtained e=trajudicial ,he courtGs admission confession of )=h$ L&L in e idence is not 8hat are the 7inds objections: each submitting in t#o support ofof their petition )=plain the baptismal to put the short pants on$ -t is not part of his right ;e< ,he rule the admission of an offer of erroneous$ -t against #as admitted in e idence #ithout briefly$ 6i en each$ certificates of an se e=ample en of theof petitioners" a family bible against self!incrimination because it is a mere compromise ci part il cases objection on in the of the defendant$ -t should be SUGGESTED ANSWER: belonging to 4inda in #hich the names of the physical act$ treated as if it had been raised in the pleadings$ ,he ,#o 7inds of areK ;1<a the e idence of being petitioners ha objections e been entered" photocopy the complaint may be amended to conform to the presented is not rele ant to the issueF and ;2< Admissibility" *ffer to Pay 9; enses (1997) birth certificate of /ocelyn" and a certification of the the e buting if it notran so oamended" doesBnot e idence incompetent or office e=cluded thecompletely la# or the &"idence" #hile dri hisiscar" er B$ & itisited at local ci ilis registrar that its had by been affect the result the trial this (Sec. 5 o !"le rules" (Sec. 3$ ,he !"lespouses 138&. &n e=ample of to the first is the hospital andof offered to on pay forissue$ his hospitaliEation raEed by fire$ %eres refused partition 10&. #hen the prosecution offers as e idence the alleged e=penses$ &fter the filing of the criminal case against on the follo#ing groundsK 1< the baptismal offer of an to idence pay for & for serious physical injuries through rec7less certificates of -nsurance the parish company priest are e onlythe of Admissibility" 9lectronic 9vidence ('((.) damages suffered by the ictim in a homicide case$ imprudence$ &Gson insurance carrier offered to pay for the administration of the sacrament of baptism and a< (tate the rule the admissibility of an electronic (See 1997 .o. 14&. the injuriesb< and damages by B$ e ,he offer they do not pro e filiation of the alleged collateral e idence$ 8hen is suffered an electronic idence )=amples of the second are e idence obtained in #as rejected because B considered the amount relati es of the deceasedF 2< entry in the family bible regarded as being iolation of the %onstitutional prohibition against offered as inade@uate$ a<original -s the offer by & under to paythe the is hearsayF 3< the certification of the registrar on non! the e@ui alent of an document unreasonable searches and seiEures and confessions hospitaliEation a ailability of the records of birth does not pro e Best ) idence 5ule: 41 and admissions in iolation of the rights of a person e=penses of B admissible in e idence: b< -s the offer SUGGESTED ANSWER: filiationK 4< in partition cases #here filiation to the under custodial -n estigation$ by &Gs insurance for the ;a< 8hene er a carrier rule of to e pay idence refers to the term deceased dispute" prior and separate judicial ALTERNATIisE in ANSWERS: injuries and damages ofinstrument" B admissible in #riting" document" record" memorandum declaration of heirship in a settlement of estate e idence: or any other form of #riting" such term shall be proceedings is necessaryF and 5< there is need for publication as real
Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com Page 53 of 66

;c< B4S5 4=,04)C4 $:84K ,his 5ule is adopted for the pre ention of fraud and is declared to be essential to the pure administration of justice$ (;oran$ Aol. 5$ 9. 12.& -f a party is in possession of such e idence and #ithholds it" the presumption naturally arises that the better e idence is #ithheld for fraudulent purposes$ (+rancisco. !"les o (o"r'$ )ol. A22.
99$ 121$122& *ar' 2$

;d< &n illegally obtained e=trajudicial confession nullifies the intrinsic alidity of the confession and renders it unreliable as e idence of the truth$ (;oran$ )ol. 5$ 9. 257& it is the fruit of a poisonous tree$ ;e< ,he reason for the rule against the admission of an offer of compromise in ci il case as an admission of any liability is that parties are encouraged to enter into compromises$ %ourts should endea or to persuade the litigants in a ci il case to agree upon some fair compromise$ (1r'. 2029$ (i)il (ode&. During pre!trial" courts should direct the parties to consider the possibility of an amicable settlement$ (Sec. 1[a] o
ormer !"le 20: Sec. 2 [a] o ne% !"le 16&.

Best 9vidence 1ule (1997)

8hen & loaned a sum of money to B$ & typed a single copy of the promissory note" #hich they both signed & made t#o photo ;=ero=ed< copies of the promissory note" gi ing one copy to B and retaining the other copy$ & entrusted the type#ritten copy to his counsel for safe7eeping$ ,he copy #ith &Gs counsel #as destroyed #hen the la# office #as burned$ a< -n an action to collect on the promissory note" #hich is deemed to be the LoriginalL copy for the purpose of the LBest ) idence 5uleL: b< %an the photocopies in the hands of the parties be considered Lduplicate original copiesL: c< &s counsel for &" ho# #ill you pro e the loan gi en to & and B: ;a< ,he copy that #as signed and lost is the only LoriginalL copy for purposes of the Best ) idence 5ule$ (Sec. 4 [b] o !"le 130&. ;b< .o" ,hey are not duplicate original copies because there are photocopies #hich #ere not signed ;:a,ilum v. Court of A ealsE 17 SC1A =!'<" ,hey constitute secondary e idence$ (Sec. 5 o !"le 130&. ;c< ,he loan gi en by & to B may be pro ed by secondary e idence through the =ero=ed copies of the promissory note$ ,he rules pro ide that #hen the original document is lost or destroyed" or cannot be produced in court" the offerer" upon proof of its e=ecution or e=istence and the cause of its una ailability #ithout bad faith on his part" may pro e its contents by a copy" or by a recital of its contents in some authentic document" or by the
SUGGESTED ANSWER:

,he reasons behind the follo#ing rules are as follo#sK ;a< 04+0 M+) $:84K if death has closed the lips of one party" the policy of the la# is to close the lips of the other$ (&oni v. Court o"+((eals, 8677*3*. Se(te-3er !3, 1986, 1** SC$+ !!!%. ,his is to pre ent the temptation to perjury because death has already sealed the lips of the party$ ;b< P+$98 4=,04)C4 $:84K -t is designed to gi e certainty to a transaction #hich has been reduced to #riting" because #ritten e idence is much more certain and accurate than that #hich rests on fleeting memory only$ (+rancisco$ !"les o (o"r' Aol.
A22$ *ar' 2. 9. 154&

SUGGESTED ANSWER:

Remedial Law Bar Examination Q & A (1997-2006) testimony of #itnesses in the order stated$ (Sec. 5 o !"le 130&.

Burden of Proof vs. Burden of 9vidence ('((?)

Distinguish Burden of proof and burden of e idence$ Burden of proof is the duty of a party to present e idence on the facts in issue necessary to establish his claim or defense by the amount of e idence re@uired by la#$ (Sec. 1 o !"le 131&$ #hile burden of e idence is the duty of a party to go for#ard #ith the e idence to o erthro# prima facie e idence established against him$ (Bautista v. SarmientoE 1.! SC1A
7!7 F19!7G).
SUGGESTED ANSWER:

C,aracter 9vidence ('((')

D #as prosecuted for homicide for allegedly beating up 3 to death #ith an iron pipe$ &$ Bay the prosecution introduce e idence that 3 had a good reputation for peacefulness and non! iolence: 8hy: ;21< B$ Bay D introduce e idence of specific iolent acts by 3: 8hy: ;31< &$ ,he prosecution may introduce e idence of the good or e en bad moral character of the ictim if it tends to establish in any reasonable degree the probability or improbability of the offense charged$ [!"le 130$ sec. 51 a (3&]. -n this case" the e idence is not rele ant$ B$ Jes" D may introduce e idence of specific iolent acts by 3$ ) idence that one did or did not do a certain thing at one time is not admissible to pro e that he did or did not do the same or a similar thing at another timeF but it may be recei ed to pro e a specific intent or 7no#ledge" identity" plan" system" scheme" habit" custom or usage" and the li7e$ (!"le 130$ sec. 34&.
Confession" Affidavit of 1ecantation (199!)
SUGGESTED ANSWER:

1 -f the accused on the #itness stand repeats his earlier uncounseled e=trajudicial confession implicating his co!accused in the crime charged" is that testimony admissible in e idence against the latter: 0312 2 8hat is the probati e alue of a #itnessG &ffida it of 5ecantation: 0212 1$ Jes$ ,he accused can testify by repeating his earlier uncounseled e=trajudicial confession" because he can be subjected to cross!e=amination$ 2$ *n the probati e alue of an affida it of recantation" courts loo7 #ith disfa or upon recantations because they can easily be secured from #itnesses" usually through intimidation or for a monetary consideration" 5ecanted testimony is e=ceedingly unreliable$ ,here is al#ays the probability
Version 1997-2006 !dated "# Dondee

SUGGESTED ANSWER:

Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com sirdondee@gmail.com Page Page 54 5655 of 66 of that ,he 66 it 5,% ) #ill idence" may be

not generally repudiated$ e=pressly pro (:olina ta7e ides vs. judicial that Peo le. a '79 notice #itness SC1Aof 1.!.) may foreign testify la#son (,nhis re 4state o" .ohnson, 1!767, )ove-3er 16, condition 1918; 2lue-er impressions of &.$. the )o. emotion" beha ior" or v. <i7, &.$.of)o. 3!636, Mar h 17, 1930%, #hich must be appearance a person$ &acts" &acts vs. pro ed li7e 0egislative any other matter ofAd/udicative fact (S/ .oe &acts 8ieng ('((?) v. S/ Guia, 4egislati e facts and adjudicati e facts$ &.$. )o. 6earsay" *718, Mar 9;ce htions 19, 1910% (1999) e=cept in a fe# instances" the ANSWER: court SUGGESTED in Define the e=ercise of e itsidence: sound judicial a< hearsay ;21< b<discretion" 8hat are may the 4egislati e facts to #hen facts a statute ta7e e=ceptions notice of foreign la#s Philippineincourts are to the refer hearsay rule:mentioned ;21< or infamiliar an e=planatory note" #hile e facts SUGGESTED ANSWER: e idently #ith them" such as adjudicati the (panish %i il are factshad found in aeffect court decision$ $1 ?earsay e idence may be defined as %ode" #hich ta7en in the Philippines" and other e idence that consists of testimony not coming from allied legislation$ (Par'o v. $e(u3li , &.$. )o. 8!!*8 .anuar/ 6earsay 9vidence ('((') personal 7no#ledge (Sec. 36$ !"le 130$ !"les o (o"r'&. !3, 1950; 0elga'o v. $e(u3li , &.$. )o. 8!5*6, .anuar/ .!8, surrounding circumstances of the declarantGs deathF and 5omeo is sued for damages for injuries suffered by 1950% ?earsay testimony is SUGGESTED ANSWER: the testimony of a #itness as to ;d< the declaration is offered in a ;criminal< case the plaintiff in a ehicular accident$ /ulieta" a #itness ;a< Jes" the ne#spaper clipping is admissible in #hat he has heard other persons say about the facts in #herein the declarantGs death isof the subject of falsity in@uiry$ in court" testifies that 5omeo told her ;/ulieta< that he e idence against N$ regardless the truth or of a SC$+ !3%. issue$ ;5omeo< heardan' &ntonio" a #itness to the accident" statement" hearsay rule does *. $ules $egulations issue' 3/ >uasi6 (People vs. the Santos, 270 SCRA 650.) not apply and the $2 ,he e=ceptions to the hearsay rule areK ALTERNATI E ANSWER: statement may be sho#n #here the fact that it is made is gi e an e=cited account of the accident immediately ?u'i ial 3o'ies i-(le-enting statutes; ;c< ,he presumption is that the #ordings of the dying declaration" declaration against interest" act or SUGGESTED ANSWER: ,he declaration of atodying person" made under the rele ant$ ) idence as the of la#$ such statement is after its occurrence$ -s /ulietaHs testimony admissible foreign la# are the same asma7ing the local ()orth#est declaration about pedigree" family reputation or ,he 5,% may ta7e judicial notice of objection: 5ules and consciousness of Court an impending death" may19!; be not secondary the statement itself may against 5omeo o er proper and timely 9rient +irlinesbut v. primary" o"for +((eals, !*1 SC$+ tradition regarding pedigree" common reputation" part 5egulations issued by @uasi!judicial bodies recei ed in any case his death is Colle the rele subject constitute a fact in issue or be circumstantially Moran, =ol. 6. (age 3*,#herein 1980 e'ition; 8i- v. tor ant o" 8hy: ;51< of the res ges'ae " entries in the they course of capable business" implementing statutes" because are of SUGGESTED ANSWER: of -n@uiry" as Phil. e idence the fact$ cause and surrounding as to the 36 e=istence of of o ,nvest-ent Custo-s, *7!% $such ,his is (&otes 7no#n as the entries in official records" commercial lists and the .o" /ulietaHs testimony is not admissible against Cor(oration vs. Chatto, !10 un@uestionable demonstration (Chatta-al v. Colle tor o" circumstances ofP5)('BP,-*.$ such death$ (Sec. 37 o !"le 13B.& P5*%)(('&4 li7e" learned treatises" and )ove-3er testimony or deposition atof a 5omeo" because #hile the e=cited account Custo-s, &.$. )o. 163*7, 3,19!0% " unless the SC$+ 18 D199!B% former proceeding$ (37 'orules 47$ !"le !"les o part (o"r'& 6earsay" 9;ce tion" 1es 3estae" * inion of *rdinary &ntonio" a #itness to the accident" #as told la# itself considers such as 13B$ an integral of to the :emorandum (199+) Bitness ('((7) 5omeo" it #as only 5omeo #ho told /ulieta about it" statute" in #hich case8eclaration judicial (1999) notice becomes N direct e=amination that he once the ;b<states Jes" on the certification is admissible in 7ne# e idence 6earsay" 9;ce tions" 8ying Dencio barged into the Barcela" tiedsigned her to aby chair #hich ma7es #as it hearsay$ mandatory$ facts being as7ed but he of cannot recall them no#$ against N because a house #ritten statement an ,he accused charged #ith robbery and homicide$ and robbed her a of#ritten assorted piecesof ofthe je#elry and money$ 8hen record facts he testifies officerhanded ha ing the custody of an official record or by ,he ictim suffered se eral stab #ounds$ -t appears Dencio then brought %andida" BarcelaGs maid" to a 6earsay 9vidence vs. * inion 9vidence ('((?) 5. -a/ 3e o--itte' even #hile in (u3li that the facts are correctly stated" but that he has ne er his deputy that after diligent search no record or entry that ele $a(e en ;11< hours after the crime" the bedroom #here he raped her$ Barcela could hear %andida ?earsay e idence and opinion e idence$ (la es. seen the #riting before$ -s the #riting admissible as of a specified tenor is found to e=ist in the records of ictim #as being brought to the hospital in a jeep" crying and pleadingK L?u#agU Baa#a 7a sa a7inUL &fter SUGGESTED ANSWER: past recollection recorded: )=plain" his office" accompanied by athe certificate as abo e #ith 5,% his brother and a policeman as of companions" the raping %andida" Dencio fled from house #ith the loot$ ?earsay e may idence consists ofnotice testimony that isthat not ,he ta7e judicial the fact pro ided" is admissible as e idence that the of ictim #as as7ed certain @uestions #hich he %andida then untied Barcela and rushed to records the police basedmay on personal 7no#ledge person testifying" rape be committed e enof inthe public places$ ,he SUGGESTED ANSWER: station about a 7ilometer and Police *fficer his office contain no sucha#ay record or told entry$ ans#ered" pointing to the accused as his assailant$ ?is (see Sec. 36$ !"le 130&$ #hile opinion idence is e=pert Lpublic settingL of the rape is not ean indication of .o" because for the Dencio #rittenhad record to be admissible as (Sec. 28 oBaa#a !"le 132&. 5oberto that barged into the house of ans#ers #ere put on do#n inpersonal #riting" but since he #as a (Peo(le v. 5ongson, &.$. )o. 91!61, 2e3ruar/ 18, 1991% e idence based the 7no#ledge s7ill" consent$ past recollection recorded$ -t must e been Barcela" tied the latter to a chair andha robbed her #ritten of her in a critical condition" his brother and the policeman ,he (upreme has judicialtestifying notice of (Sec. the e=perience or %ourt training ofta7en the person or recorded by9vidence N or under his the time Judicial =otice" ('((7) je#elry and money$ %andida also direction related toatthe police signed the statement$ -s the statement admissible as a fact that a man o ercome by per ersity and beastly 49$ 2d.& and e idence of an ordinary #itness on limited #hen fact occurred" or immediately thereafter" or )=plain briefly #hether the 5,% may" mo'" officer the that despite her pleas" Dencio had raped her$ ,he dying declaration: )=plain$ ;21< passion (Sec. chooses neither the time" place" occasion nor matters 50$ 2d.&. at any "other time #hen the fact #as fresh in the his policeman noticed that %andida #as hysterical and on 9ro9rio ta7e judicial notice ofK ;51< SUGGESTED ANSWER: ictim$ (Peo(le v, Bar elona, &.$. )o. 8!589, 9 to3er 31, erge of collapse$ Dencio #as charged #ith robbery #ith memory5he and he 7ne#na-e that the #as correctly Jes$ ,he statement is admissible as a dying 1. street o" same -etha-(heta-ine 1990% 6earsay" 9;ce tion" 8ead :an Statute ('((1) rape$ During the trial" %andida longer bethis located$ #ritten or recorded$ (Sec. 16 o can !"leno 132& But in case declaration if the ictim subse@uently died and his h/'ro6 hlori'e is sha3u. Ba=imo filed an action against Pedro" the ;>1< SUGGESTED ANSWER: N has ne er seen the #riting before$ ans#ers #ere 9vidence" made under the of Judicial =otice" &oreign 0a2 consciousness (1997) administrator of the estate of deceased /uan" for the ,he 5,% may mo'" 9ro9rio ta7e judicial notice of impending death (Sec. 37 o !"le 130& $ ,he fact that he a< instances #hen Philippine can reco ery6i of e a three car #hich is part ofathe latterHs court estate$ *ffer of 9vidence (1997) the street name of methamphetamine hydrochloride is did not sign the statement point la#$ to the accused as his ta7e judicial notice of a foreign b< ?o# do you During the trial" Ba=imo presented #itness Bariano shabu" considering the chemical composition of & trial court cannot ta7e into in a% ," the (rose ution (resents Poli econsideration 9""i er $o3erto assailant" because he #as in critical condition" does pro a #ritten foreign la#: c< (uppose a foreign #ho etestified that he #as present #hen Ba=imo and Maa#a to testi"/ onan #hat ha' tol' hi-, #oul' shabu$ (Peo(le v. Ma asling, &M, )o. 903*!, Ma/ !7, deciding a case e Can'i'a idence that has not been not affect its admissibility as a dying declaration$ la# pleaded asthe partlatter of the #ould pay a rental & su h testi-on/ o" the (oli e-an hearsa/; 47(lain. /uan#as agreed that of 1993% Lformally offeredL$ 8hen are3e the follo#ing pieces of dying declaration need not be but in #riting (Peo(le v. #as defense ofthe defendant nocar e for idence SUGGESTED ANSWER: P2D"DDD$DD for use of Ba=imoHs one month e idence formally offered: =iovipresented ente, !86 SC$+ 1% .o$ ,he testimony of the policeman is not hearsay$ -t to pro e the e=istence of said la#" #hat !. 9r'inan es a((rove' 3/ -uni i(alities after #hich /uan should immediately return the car to ;a< ,estimonial is part of the res gestae$ -t is also an independently is the presumption to be ta7en by the court as to un'er its territorial ?uris'i tion; 6earsay" licableobjected ('((.) ;b< Documentary Ba=imo$)naPedro to the admission of e idence rele ant statement$ ,he police officer testified of his the #ordings of said SUGGESTED ;c< *bject e idence ANSWER: BarianoHs testimony$ -f la#L: you #ere the strength judge" #ould N #as charged #ith robbery$ *n the of a SUGGESTED ANSWER: o#n personal 7no#ledge" to the truth of %andidaGs -n the absence of statutory not authority" the 5,% may not SUGGESTED ANSWER: e idence you sustain PedroHs objection: 8hy: ;51< #arrant of arrest issued by the court" N #as arrested ;a< ,he three instances #hen a Philippine court can ta7e judicial of ordinances appro by statement" i$e$" notice that she told him" despite hered pleas" ;a< ,estimonial e idence is formally offered at by police operati es$ seiEed from person a ta7e judicial notice of ,hey a foreign la# areK his ;1< #hen the municipalities under their territorial jurisdiction" e=cept Dencio had raped her$ (Peo(le v. &a''i,&.$. SUGGESTED ANSWER: time the #itness is called to testify$ (!"le 132. Sec. 35$ the handgun$ & charge for illegal possession of firearm Philippine courts is are e identlyinfamiliar the )o. 7*065, on from the!7,1989% municipal trial courts" #hich too7 .o" the testimony admissible e idence#ith because irs'appeal 9ar.&. 2e3ruar/ #as also filed against him$ -n a press conference foreign (;oran. Aol. testified 5$ 9. 34$ 1980 edi'ion&# #hen judicial notice of the ordinance in @uestion$ (:.S. v. #itness la# Bariano #ho as to #hat ;2< Ba=imo called by the police" that he had(Sec. robbed 3% ," the (oli e o""i er #ill that noti e' Can'i'a Blan o, &.$, )o. 1!*35, )ove-3er the la# refersN toadmitted the la# agreed of nations o and foreign /uan" the deceased person upon" is 1not ;b< Documentary e testi"/ idence is he formally offered to 3e h/steri al an' on the verge o" olla(se, #oul' su h the ictim of je#elry alued at P5DD"DDD$DD$ !"le 129& and ;3< #hen it refers to a agreement$ published treatise" 9,1917; :.S. v. <ernan'eA, &.$. )o. 9699, +ugust !6,(!"le 1915% the presentation of the testimonial e idence$ dis@ualified to testify on the ,hose after testi-on/ 3e onsi'ere' as o(inion, hen e, ina'-issi3le; periodical orare pamphlet on the subject ofparties la# if to the 132$ Sec. 35$ second 9ar.&. dis@ualified or assignors of a 47(lain. ,he robbery andparties illegal possession of firearm cases court ta7es judicial notice of theafact that the #riter SUGGESTED ANSWER: case" or persons in #hose behalf case is prosecuted" #ere tried jointly$ ,he prosecution presented in 3. 2oreign la#s; ;c< same is #ith object e idence$ -t is also thereof is recogniEed in or his profession or calling as .o",he it cannot be true considered as opinion" because he against the administrator /uanHs estate" upon a e idence a ne#spaper clipping of the report to the SUGGESTED ANSWER: offered after on the#hat presentation the ed$ testimonial e=pert on the subject (Sec. 46. !"le 130&. #as testifying he actuallyof obser ,he last reporter #ho #as present during the press conference e idence$ of (ec$ 5D" 5ule 13D" 5e ised 5ules of paragraph
;b< & #ritten foreign la# may be e idenced official claim stating orthat demand N admitted against his the estate robbery$ as to by any -t an li7e#ise matter publication thereof or by a of copy by the 23 officer of presented fact occurring a certification before /uanHs theattested death$ P.P +irearms (Sec. and o ha ing the custody of the record" or by hishad deputy" !"le 130& )=plosi e legal *ffice attesting that the accused no and accompanied$ -f the8eclaration record not 7ept officer" in the 6earsay" 9;ce tion" 8ying (199!) license to carry any firearm$ ,heiscertifying Philippines" #ith a certificate that 021< such officer has the 5e@uisites of Dying Declaration$ ho#e er" #as not presented as a #itness$ Both pieces custody" if the office in #hich the record is 7ept is in a SUGGESTED ANSWER: of e idence #ere objected to by the defense$ ;61< a< foreign country" the certificate may be made of by a a secretary ,he re@uisites for the admissibility dying -s the ne#spaper clipping admissible in e idence of the embassy or;a< legation" consul general" consul" ice! declaration areK the declaration is made by the against N: b< -s the certification of the P.P +irearm consul" or consular agent or by any officer in the foreign deceased under the consciousness of his impending and ser ice ;b< of the stationed in time the foreign country deathF thePhilippines #as at the the competent as in a )=plosi edeceased *ffice #ithout certifying #hich the record is 7ept" and authenticated by officer the seal of #itnessF ;c< the declaration concerns the cause and testifying on it admissible in idence his office (Se . !*, $ule 13!, Eala-ea v.e C+, !!8 against N:

Remedial Law Bar Examination Q & A (1997-2006)

SUGGESTED ANSWER:

by: sirdondee@gmail.com sirdondee@gmail.com Page 57 Page of 66 5>

.o$ ,he testimony of 9im should not be e=cluded$ ) en though 9im is not an e=pert #itness" 9im may testify on her impressions of the emotion" beha ior" condition or appearance of a person$ (Sec. 50$ las' 9ar.$
!"le 130&.

Parol 9vidence 1ule ('((1)

Pedro filed a complaint against 4ucio for the reco ery of a sum of money based on a promissory note e=ecuted by 4ucio$ -n his complaint" Pedro alleged that although the promissory note says that it is payable #ithin 12D days" the truth is that the note is payable immediately after AD days but that if Pedro is #illing" he may" upon re@uest of 4ucio gi e the latter up to 12D days to pay the note$ During the hearing" Pedro testified that the truth is that the agreement bet#een him and 4ucio is for the latter to pay immediately after ninety dayHs time$ &lso" since the original note #as #ith 4ucio and the latter #ould not surrender to Pedro the original note #hich 4ucio 7ept in a place about one dayHs trip from #here he recei ed the notice to produce the note and in spite of such notice to produce the same #ithin si= hours from receipt of such notice" 4ucio failed to do so$ Pedro presented a copy of the note #hich #as e=ecuted at the same time as the original and #ith identical contents$ a< * er the objection of 4ucio" #ill Pedro be allo#ed to testify as to the true agreement or contents of the promissory note: 8hy: ;21< b< * er the objection of 4ucio" can Pedro present a copy of the promissory note and ha e it admitted as alid e idence in his fa or: 8hy: ;31< a< Jes" because Pedro has alleged in his complaint that the promissory note does not e=press the true intent and agreement of the parties$ ,his is an e=ception to the parol e idence rule$ [Sec. 9(b& o !"le
130$ !"les o (o"r']
SUGGESTED ANSWER:

of 66 P5)P*.D)5&.%) *+ )3-D).%) means that the *ffer ofa9vidence" res inter alios ('((.) e idence as #hole adduced by oneacta side is superior to that and J #ere #ith 'pon of theN other$ ,his is charged applicable in murder$ ci il cases$ (Se application . 1 o" $ule of the prosecution" J Ca?uigan, #as discharged the 133; Muni i(alit/ o" Mon a'a v. !1 Phil, 18*from D191!B% $ -nformation to be utiliEed as a state #itness$ ,he prosecutor presented J as #itness but forgot to state ('B(,&.,-&4 )3-D).%) is that the purpose of his testimony much lessamount offer it of in rele ant eJ idence #hich a reasonable mind might e idence$ testified that he and N conspired to 7ill accept as ade@uate a conclusion$ is the ictim but it #asto N justify #ho actually shot the,his ictim$ applicable in case before e or ,he testimony of J filed #as the only administrati material e idence @uasi!judicial bodies$ 5o 133& establishing the guilt (Sec. of N$ J!"le #as thoroughly cross! e=amined by the defense counsel$ &fter the Privilege Communication (199!) prosecution rested its case" the defense filed a motion % is the child of the spouses ? and 8$ ? sued his for demurrer to e idence based on the follo#ing #ife 8 for judicial declaration of nullity of marriage grounds$ under &rticle 36 of the +amily %ode$ -n the trial" the ;a< ,he testimony of er Jthe should be e=cluded follo#ing testified o objection of 8K %"because ? and its a purpose #as not initially stated it 8$ #as not D" doctor of medicine #ho used toand treat 5ule formally offered in e idence as re@uired by (ection on 8Gs objections #hich are the follo#ingK 1$ ? cannot her because of the rule 34" 5ule 132 oftestify the 5eagainst ised 5ules of ) idenceF and ;b< on JHs testimony is 0112 not admissible against N marital pri ilegeF pursuant to the rule on Pres inter her alios actaQ$ 5ule on 2$ % cannot testify against because of the the motion demurrer to ilegeF e idence on the abo e doctrinefor on parental pri and 0212 grounds$ ;61< testify against her because of the 3$ D cannot SUGGESTED doctrineANSWER: of pri ileged communication bet#een ,he patient demurrer to the e 0212 idence should be denied and physician$ becauseK a< ,he testimony of J should not be e=cluded because the defense counsel did not object to his testimony despite the fact that the prosecutor forgot to state its purpose or offer it in e idence$ Boreo er" the defense counsel thoroughly cross! e=amined J and thus #ai ed the objection$
b< ,he res in'er alios ac'a r"le does not apply because J testified in open court and #as subjected to cross e=amination$
*ffer of 9vidence" %estimonial - 8ocumentary (199?)

b< Jes" the copy in the possession of Pedro is a duplicate original and #ith identical contents$ [Sec. 4(b& o !"le 130]. Boreo er" the failure of 4ucio to produce the original of the note is e=cusable because he #as not gi en reasonable notice" as re@uirement under the 5ules before secondary e idence may be (Sec. 6 o !"le 130$ !"les o (o"r'& presented$
=ote> The prom !!or" #o$e ! %# %&$ o#%'(e )o&*me#$ %#) $he or + #%( or % &op" $hereo, !ho*() h%-e 'ee# %$$%&he) $o $he &omp(% #$. (Sec. 7 of Rule 9, 1997 Rules of Civil Procedure). I# !*&h % &%!e. $he +e#* #e#e!! %#) )*e e/e&*$ o# o, $he #o$e. , #o$ )e# e) *#)er o%$h. 0o*() 'e )eeme) %)m $$e).
(Sec. 8 of Rule 9, 1997 Rules of Civil Procedure)

8hat is the difference bet#een an offer of testimonial e idence and an offer of documentary e idence: &n offer of testimonial e idence is made at the time the #itness is called to testify" #hile an offer of documentary e idence is made after the presentation of a partyHs testimonial e idence$ (Sec. 35$ !"le 132&.
* inion 1ule (199?)
SUGGESTED ANSWER:

Pre onderance vs. Substantial 9vidence ('((.)

Distinguish preponderance substantial e idence$ 41

SUGGESTED ANSWER:

of

e idence

from

&t .olanHs trial for possession and use of the prohibited drug" 7no#n as PshabuK" his girlfriend 9im" testified that on a particular day" he #ould see .olan ery prim and proper" alert and sharp" but that three days after" he #ould appear haggard" tired and o erly ner ous at the slightest sound he #ould hear$ .olan objects to the admissibility of 9imHs testimony on the ground that 9im merely stated her opinion #ithout ha ing been first @ualified as e=pert #itness$ (hould you" as judge" e=clude the testimony of 9im:

Remedial Law Bar Examination Q & A (1997-2006)

e=onerating matter #hich the is innocent" not confidential and must in nature$ ha e the ,he right trial to court the offer ruled testimony in fa or of *dy$ 4eticia 8as o er thethe ruling objection proper: of 8ill her husband your ans#er (+lvareA bev.the $a-ireA, same &.$. if the )o. matters 1*3*39, to be 9 to3er 1*, testified on!005%. #ere 7no#n to Baby or ac@uired by her prior to her marriage to %esar: )=plain$ 1emedy" 0ostANSWER: 8ocuments" Secondary 9vidence (199') SUGGESTED .o$ 'nder 5ules on )a idence" a #ife cannot &ja= Po#erthe %orporation" utility company" sued be in e=amined for or against her husband his the 5,% to enforce a supposed right of #ithout #ay o er a consent" o#ned e=cept by in ci il cases &t by the one againsttrial" the property (implicio$ ensuing other"presented or in a criminal casefield for aauditor crime committed by &ja= its retired #ho testified one he against casesum #asof filed by that 7no#the forother$ a fact (ince that a the certain money *dy periodically against thepaid spouses %esar and Baby" Baby #as to (implicio for some time as cannot be compelled to of testify for or against %esar consideration for a right #ay pursuant to a #ritten #ithout his consent$ (8eAa-a vs. #as $o'rigueA, !3 SC$+ contract$ ,he original contract not presented$ 1166%. -nstead" a purported copy" identified by the retired ,he be#as the formally same if the matters to be field ans#er auditor #ould as such" offered as part of testified on #ere 7no#n to Baby or ac@uired by her his testimony$ 5ejected by the trial court" it #as prior to her marriage toof %esar" because the marital finally made the subject an offer of proof by &ja=$ dis@ualification rule may be in o7ed #ith respect to %an &ja= on alidly that it had sufficiently met its testimony any claim fact$ -t is immaterial #hether such burden pro ing the of or the after contract matters of #ere 7no#n to e=istence Baby before her establishing its right of #ay: )=plain" marriage to %esar$ .o$ &ja= had not sufficiently met the burden of Privilege Communication" :arital Privilege ('((() pro the 5omeo e=istence of the #ritten contract because$ 3idaing and are legally married$ 5omeo is -t had not laid the for the admission of a charged to court #ithbasis the crime of serious physical purported copy thereof as secondary e of idence$ injuries committed against (elmo" son 3ida" &ja= step! should e first3ida pro en the e=ecution of the original son of ha 5omeo$ #itnessed the infliction of the document its loss or destruction$ (Sec. 5 o !"le injuries onand (elmo by 5omeo$ ,he public prosecutor 130& called 3ida to the #itness stand and offered her %estimony" endent 1elevant Statement testimony )nde as an eye#itness$ %ounsel (1999) for 5omeo & o erheard B call N a thief$ -n dis@ualification an action for objected on the ground of the marital defamation filed5ules by N of against B" a< is the testimony of rule under the %ourt$ -s the objection & offered to pro e the fact of utterance i$e$" that alid: ;31< b< 8ill your ans#er be the same B if called a thief" admissible in e idence: )=plain$ 3idaHs N testimony ;21< is offered in a ci il case for reco ery of personal SUGGESTED propertyANSWER: filed by (elmo against 5omeo: ;21< Jes$ ,he testimony SUGGESTED ANSWER:of & #ho o erheard B call N a thief is 8hile admissible in the e idence asnor an the independently ;a< .o$ neither husband #ife may rele ant statement$ is other offered in e the idence onlyof to testify for or against-t the #ithout consent pro e the tenor thereof" not to proiseifthe of the the affected spouse" one e=ception thetruth testimony facts -ndependently ant of the asserted spouse is therein$ in a criminal case for a rele crime statements on the ery committed include by one statements against the#hich other are or the latterHs facts issue or or those #hich (Sec$ are 22$ circumstantial direct in descendants ascendants$ !"le 130&$ e idence ,hethis hearsay rule does not apply$ ,he case thereof$ falls under e=ception because (elma is (See Peo(ledescendant vs. &a''i, 170 6*9% 3ide$ the direct of SC$+ the spouse time$ ,he e=ception pro ided by the rules is in a ci il Distinguish of the andcase credibility case by one %ompetency spouse against the #itness other$ ,he here of the #itness$ in ol es a case by (elmo for the reco ery of SUGGESTED ANSWER: personal property against 3idaHs spouse" 5omeo$ %ompetency of the #itness refers to a #itness #ho can percei e" and percei ing" can ma7e 7no#n his Privilege Communication" :arital Privilege ('((?) perception to others (Sec. 20 o !"le 130&$ #hile NJO" an alien" #as criminally charged of promoting credibility of the #itness refers to a #itness #hose and facilitating child prostitution and other se=ual testimony is belie able$ abuses under 5ep$ &ct .o$ 761D$ ,he principal #itness against him #as his +ilipina #ife" &B%$ )arlier" she had complained that NJOGs hotel #as
Bitness" Com etencydis@ualification of t,e Bitness vs. of ;b< .o$ ,he marital ruleCredibility applies this t,e Bitness ('((?)
SUGGESTED ANSWER:

by: sirdondee@gmail.com sirdondee@gmail.comPage Page 5A 6D of 66 of being 66 used Bitness" as a 9;amination center for se= of atourism C,ild Bitness" and child via 0ive$0in@ traffic7ing$ %5 ('((7) ,he defense 8hen

may the for counsel trial NJO court objected order that to the testimony of &B% a child at be the trial of ta7en bythe li e!lin7 child prostitution tele ision: )=plain$ case and the introduction of the affida its she e=ecuted against her husband as a SUGGESTED ANSWER: iolation of espousal confidentiality and marital pri ilege ,he testimony ofD)+" a child be ta7en by e!lin7 rule$ -t turned out that the may minor daughter of li &B% by tele ision if there is a substantial li7elihood that her first husband #ho #as a +ilipino" #as molested the by #ould sufferhad trauma from testifying infrom the NJO child earlier$ ,hus" &B% filed for legal separation presence of the accused" his counsel or the prosecutor NJO since last year$ Bay the court admit the testimony as theits case may be$ ,he trauma must a 7ind #hich and affida of the #ife" &B%" against herof husband" NJO" #ould impair the completeness or truthfulness of the in the criminal case in ol ing child prostitution: 5eason$ of the child$ (See Sec. 25$ ;51< testimony !"le on :Camina'ion o a (3ild Di'ness&.
Bitness" 9;amination of Bitnesses (1997)

a< &side from as7ing a #itness to e=plain and SUGGESTED ANSWER: supplement hismay ans#er inthe the cross!e=amination" can Jes$ ,he court admit testimony and affida its of the #ife proponent re!direct e=amination @uestions the against as7 her in husband in the criminal case #here it in es child the #ifeGs daughter$ -t is not on ol matters notprostitution dealt #ith of during cross!e=amination:

c< &fter plaintiff has formally submitted his e idence" he realiEed that he had forgotten to present #hat he SC$+ !70 considered D1975B%. SUGGESTED ANSWER: an important e idence$ %an he recall #itness: 1$ ,hearule of marital pri ilege cannot be in o7ed in SUGGESTED ANSWER: Privilege Communication" :arital Privilege the annulment case under 5ule 36 of('((+) the +amily ;a< Jes" on redirect e=amination" @uestions on 4eticia #as estranged from her husband more %ode because it is a ci il case filed byPaul one for against matters not dealt #ith during the cross!e=amination than a year due his o suspicion (Sec. 22 $ !"le 130.to !"les (o"r'.& that she #as ha ing the other" may be allo#ed the court in its discretion$ (Sec. 7 an affair #ith by Banuel their neighbor$ (he #as o !"le 132&. 2$ ,he doctrine of parental pri ilege cannot li7e#ise temporarily li ing #ith her sister in Pasig %ity$ +or ;b< Jes" the in his re!cross!e=amination be in o7ed byopponent 8 asthe against theof testimony %" their un7no#n reasons" house 4eticiaGsof sister #as may also as7 @uestions on such other matters as child$ % may not be compelled to testify but is may free burned" 7illing the latter$ 4eticia sur i ed$ (he sa# be allo#ed by court in its discretion$ (Sec. !"le to testify against her$ (Sec. 25. !"le 130. !"les o 8. (o"r'# her husband inthe the icinity during the incident$ 4ater 132&. 1r'. 215$ +amil, (ode.& he #as charged #ith arson in an -nformation filed #ith the 5egional ,rial submitting %ourt" Pasig %ity$ Duringthe the ;c< Jes" after formally his e dis@ualified idence" 3$ D" as a doctor #ho used4eticia to treat 8" is trial" the prosecutor called to the #itness stand plaintiff can recall a #itness #ith lea e of court$ to testify against 8 o er to her objection as husband to ,he any and offered her or testimony pro e that her court may grant #ithhold lea e in its discretion as ad ice or treatment gi en by him or any information committed arson$ %an 4eticia testify o 132&. er the the interests of justice may re@uire$ (Sec. 9. !"le #hich he of may e ac@uired inground his professional objection her ha husband on the of marital capacity$ (Sec. 24 [c]$ !"le 130. !"les o (o"r'.& pri ilege: ;51< ALTERNATI ALTERNATI E E ANSWER: ANSWER: -f the doctorGs testimony is pursuant the re@uirement .o" 4eticia cannot testify o er the to objection of her of establishing psychological incapacity of 8" and husband" not the under marital pri ilege #hich is he is the e=pert called can upon testify forshe the#ould purpose" inapplicable and #hich beto #ai ed" but be barred under (ec$ 22 of 5ule 13D" #hich prohibits her then it should be allo#ed$ ($e(u3li vs. Court o" +((eals an' Molina, from testifying and #hich cannot be #ai ed !6S SC$+
198.% (+lvareA v. $a-ireA, &.$. )o. 1*3*39, 9 to3er 1*, !005%.
ALTERNATI E ANSWER:

co ered by the marital pri ilege rule$ *ne e=ception thereof is crime is committed against on the other or b<#here the &side from as7ing by theone #itness matters the latterGs direct descendants or ascendants$ (Sec. 22$ !"le stated in his re!direct e=amination" can the opponent 130& $ & re!cross!e=amination crime by the husband as7 against the daughter is a in his @uestions on matters crime against the #ife and directly attac7s or itally not dealt #ith during the re!direct: impairs the conjugal relation$ (9r'ono v. 0a>uigan, 6!

Privilege Communication" :arital (19!9) of her Jes" 4eticia may testify o er Privilege the objection

*dy sued,he spouses %esar and for a of husband$ dis@ualification ofBaby a #itness bysum reason money and damages$ &t 22" the 5ule trial" *dy called as of marriage under (ec$ 13D of the Baby 5e ised his first Baby objected" as joined bythe %esar" on 5ules of #itness$ %ourt has its e=ceptions #here marital the ground that she may notthat be compelled to testify relations are so strained there is no more against her *dy and that harmony tohusband$ be preser ed$ insisted ,he acts of contended Paul eradicate after all" aspects she #ould just be about a all major of marital life$@uestioned *n the other hand" conference they had #ith barangay captain" a the (tate has an interest inthe punishing the guilty and

Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com sirdondee@gmail.com Page Page62 61of of 66 66 stipulation in a

2$ is -t .o$ the ,he Prosecutor petition is #ho not must tenable recommend because the and #arrant mo e for the of arrest acceptance #as issued of the by accused a court as a state #hich #itness$ had ,he accused /urisdiction to issue may it also (Sec.apply 4$ !"le under 102 !"les the o (o"r'& 8itness Protection Program$ 6abeas Cor us ('((.) 8ido# & and her t#o children" both girls" aged > and 12 years old" reside in &ngeles %ity" Pampanga$ & SPECIAL PROCEEDINGS lea es her t#o daughters in their house at night Cancellation or Correction" Civil as 1egistry ('((7) because she #or7s in 9ntries a brothel a prostitute$ ?elen is the daughter of )liEa" a +ilipina" and ,ony" a 5ealiEing the danger to the morals of these t#o girls" %hinese" #ho is married to another #oman li ing in B" the father of the deceased husband of &" files a %hina$ certificate indicates is the petition?er for birth habeas corpus against &that for ?elen the custody legitimate child of ,ony and )liEa and that she is-n a of the girls in the +amily %ourt in &ngeles %ity$ %hinese citiEen$ ?elen #ants her birth certificate said petition" B alleges that he is entitled to the corrected changing filiation from LlegitimateL custody ofby the t#o girlsher because their mother is li ing to LillegitimateL and her citiEenship from a disgraceful life$ ,he court issues the #rit L%hineseL of habeas to L+ilipinoL her #ere and not the married$ corpus$ 8henbecause & learns of parents the petition #rit" 8hat petition should ?elen file #hat procedural she brings her t#o children toand %ebu %ity$ &t the re@uirements obserof ed: )=plain$ ;51< %ourt e=pense of Bmust the be sheriff the said +amily SUGGESTED ANSWER: goes to %ebu %ity and ser es the #rit on &$ & files & petition to change the record of birth by changing her comment on the petition raising the follo#ing the filiation from LlegitimateL to LillegitimateL and defensesK a<citiEenship ,he enforcement of the #rit habeas petitionerGs from L%hineseL to of L+ilipinoL corpus in because her parentsand #ere not does to not %ebu %ity is illegalF b< B has married" no personality in ol e a simple summary correction" #hich could institute the petition$ 61 5esol e the petition in the other#ise done under the authority light of thebe abo e defenses of &$ ;61< of 5$&$ .o$ AD4>$ & petition has to be filed in a proceeding under 5ule SUGGESTED 1D> of ANSWER: the 5ules of %ourt" #hich has no# been ;a< ,he #rit habeas corpus in issued by ($e(u3li the +amily interpreted toof be ad ersarial nature$ v. %ourt ia, in &ngeles may Mar not be legally in =alen &.$. )o. %ity 863!181, h 5, 1986% enforced Procedural %ebu %ity" because the;a< #rit is enforceable only #ithin re@uirements includeK filing a erified petitionF ;b< the judicial region all to #hich the +amily %ourt belongs" naming as parties persons #ho ha e or claim any unli7e the #rit granted by affectedF the (upreme %ourt or %ourt interest #hich #ould be ;c< issuance of an of &ppeals #hich is enforceable any#here the order fi=ing the time and place of hearingF ;d< in gi ing Philippines$ (Se . !0 o" reasonable notice to the parties named in the petitionF $ule on Custo'/ o" Minors Irit o" <a3eas Cor(us in and ;e< publication of thean' order once a #ee7 for three $elation to Custo'/ o" Minors. (+.M. )o. 0360*60*6SC; see consecuti e see7s in a ne#spaper of general also Se . * o" $ule 10!, $ules o" Court.% circulation$ (!"le 108$ !"les o (o"r'& ;b< B" the father of the deceased husband of &" has the 9sc,eat Proceedings ('((') personality to institute petition for habeas corpus (uppose the property ofthe D #as declared escheated on of the t#o minor girls" because the grandparent has /uly 1" 1AAD in escheat proceedings brought by the the right of custody as against the mother is a (olicitor 6eneral$ .o#" N" #ho claims to & be#ho an heir prostitute$ (Sec'ioins 2 and 13$ 2d.& of D" filed an action to reco er the escheated property$ -s the action iable: 8hy: ;21< )ntestate Proceedings ('((') SUGGESTED ANSWER: N filed claim in proceedings of reco D$ DHs .o" thea action is the notintestate iable$ ,he action to er administrator denied and fi filed a escheated property must liability be filed #ithin e years counterclaim against claim #as disallo#ed$ from /uly 1" 1AAD or N$ beNHs fore er barred$ (!"le 91$ sec. ;1< Does the probate court still ha e jurisdiction to 4&. allo# the claim of DHs administrator by #ay of 9;tra$/udicial Settlement of 9state ('((7) offset: 8hy: ;21< in 2DD3" lea ing no debts$ ?o# .estor died intestate ;2< DHs not allege any may (uppose his estate be administrator settled by his did heirs #ho are of claim against by capacity: #ay of )=plain$ offset" ;21< can DHs legal age and ha N e legal SUGGESTED ANSWER: administrator prosecute the claim in an independent -f the decedent left no #ill and no debts" and the heirs proceedingC #hyC ;31< SUGGESTED ANSWER: are all of age" the parties may" #ithout securing letters of administration" di ide the estate among themsel es by means of a public instrument or by

pending for partition and shall file a bond #ith the ;1< action .o" because since the claim of N #as disallo#ed" register of is deeds in an amount alent to the of there no amount against e@ui #hich to offset thealue claim the personal property in ol ed as certified to under oath of DHs administrator$ by the parties concerned$ ,he fact of e=tra!judicial ;2< Jes" DHs administrator prosecute the in settlement shall be published incan a ne#spaper of claim general an independent proceeding the claim of N circulation once a #ee7 for three since consecuti e #ee7s in #as the disallo#ed$ -f 74$ N!"les hado (o"r'& a alid claim and DHs pro ince$ (Sec. 1$ !"le administrator did not allege any claim against N by #ay of offset" his failure to do so #ould bar his claim 6abeas us (199.) fore er$Cor (!"le 86$ sec. 10&. 5o=anne" a #ido#" filed a petition for habeas corpus #ith the %ourt of &ppeals against Bajor &mor #ho is allegedly detaining her 1>!year old son Bong #ithout authority of the la#$ &fter Bajor &mor had a filed a return alleging the cause of detention of Bong" the %ourt of &ppeals promulgated a resolution remanding the case to the 5,% for a full!blo#n trial due to the conflicting facts presented by the parties in their pleadings$ -n directing the remand" the court of &ppeals relied on (ec$A;1<" in relation to (ec$ 21 of BP 12A conferring upon said %ourt the authority to try and decide habeas corpus cases concurrently #ith the 5,%s$ Did the %ourt of &ppeals act correctly in remanding the petition to the 5,%: 8hy: .o" because #hile the %& has original jurisdiction o er habeas corpus concurrent #ith the 5,%s" it has no authority for remanding to the latter original actions filed #ith the former$ *n the contrary" the %& is specifically gi en the po#er to recei e e idence and perform any and all acts necessary to resol e factual issues raised in cases falling #ithin its original jurisdiction$
ALTERNATI E ANSWER: SUGGESTED ANSWER:

Jes" because there is no prohibition in the la# against a superior court referring a case to a lo#er court ha ing concurrent jurisdiction$ ,he (upreme %ourt has referred to the %& or the 5,% cases falling #ithin their concurrent jurisdiction$
6abeas Cor us (199!) Bitness" 9;amination of strength Bitnesses ('((') & #as arrested on the of a #arrant of arrest

-s this by @uestion on in direct e=amination objectionableK issued the 5,% connection #ith an -nformation P8hat happened on /uly 12" 1AAAQ: 8hy: for ?omicide$ 8" the li e!in partner of ;21< & filed a
SUGGESTED ANSWER:

petition for habeas corpus against &Gs it jailer ,he @uestion is objectionable because has and no police in estigators #ith the %ourt of &ppeals$ basis" unless before the @uestion is as7ed the proper basis is laid$ 1$ Does 8 ha e the personality to file the petition 2$ -s the petition tenable: 0312 Procedure ('((+) for habeas corpus: 0212Bitness" Bitness" EtiliDed as State &s counsel of an 1$ Jes$ 8" theaccused li e!in charged partner #ith of &"homicide" has the you are con inced that he can be utiliEed as corpus a state personality to file the petition for habeas #itness$ 8hat procedure #ill you ta7e: ;2$51< because it may be filed by Lsome person in his SUGGESTED ANSWER: behalf$L (Sec. !"le 102. !"les o (o"r'.& &s counsel of3.an accused charged #ith homicide" the procedure that can be follo#ed for the accused to be utiliEed as a state #itness is to as7 the Prosecutor to recommend that the accused be made a state #itness$
SUGGESTED ANSWER:

by PagePage 63 of 64 66 sound and appointed disposing by:: sirdondee@gmail.com sirdondee@gmail.com of 66 mind" e=ecuted a #ill estate$ and testament in sur )nglish" a language oflast said (" the i ing spouse" 8hat &Gs 8ill should #as the allo#ed court do by if" thein %ourt$ the course .o appeal of intestate #as administrator and #ritten by him ?e disposed of his estate opposed the petition and proficiently$ &Gs application to be appointed the ta7en from its proceedings" a #ill allo#ance$ is found ,hereafter" and it is submitted J" #ho #as for spo7en of a on parcel land in Ba7ati %ity and cash deposit at administrator the of ground that he #as not the child of her interested)=plain$ probate: in the estate ;21<of &" disco ered that the 8ill consisting the %ity Ban7 in the sum of P 3DD Billion$ ?e be@ueathed P 5D SUGGESTED ANSWER: #as not genuine because &Gs signature #as forged by deceased husband D$ ,he court" ho#e er" appointed & as each to his 3 sons and P 15D Billion to his #ife$ ?e -f is found course of instituted intestate Billion the administrator of said estate$ (ubse@uently" (" claiming N$ a & #ill criminal action in for the forgery #as de ised a piece of land #orth P1DD Billion to (usan" his fa orite proceedings and it is submitted for probate" the be the sole of his D" best e=ecuted &ffida it as of against N$ Bay the due e=ecution of the 8ill be to ?e heir named friend" an %ancio 3idal" intestate proceedings #ill be suspended until the #ill daughter!inla#$ &djudication" adjudicating unto herself the entire estate of alidly @uestioned in such criminal action: ;21< e=ecutor of the #ill #ithout bond$ ,s Can io =i'al, a"ter learning is probated$ 'pon the probate of the #ill" the intestate her deceased husband D$ then sold entire estate to N$ o" SergioKs 'eath, o3lige' to ( "ile #ith the the (ro(er ourt a (etition SUGGESTED ANSWER: proceedings #ill be terminated$ (!"le 82$ sec. 1&. o" (ro3ate o" the latterKs last #ill an' testa-ent; (!F% 8as the appointment of & as administrator proper: 0212 a$ -n order that a lost or destroyed #ill may be 8as the action of ( in adjudicating the entire estate of her Settlement of follo#ing 9state ('((1) allo#ed" the must be complied #ithK late husband to herself legal: 0312 ,he 1 rules onthe special proceedings ordinarily e=ecution and alidity of there@uire same should )ntestate Proceedings" 8ebts of t,e 9state ('((') that be the estate of the deceased should be judicially establishedF &" B and %" the only heirs in DHs intestate administered thru an must administrator orin e=ecutor$ 8hat 2 the #ill ha e been e=istence at the time SUGGESTED proceedings"ANSWER: submitted a project of partition to the 3idal is obliged to file a petitionto for %" probate are the to said re@uirements: of t#o the e=ceptions death of the testator" or sho#n;51< to ha e been %ancio SUGGESTED ANSWER: partition" t#o lots #ere assigned #ho and for accepting or refusing the trust #ithin the Jes" unless it is sho#n that the court gra ely!abused fraudulently or accidentally destroyed in the lifetime of 1$ immediately entered into the possession of the lots$ SUGGESTED ANSWER: statutory period of 2D days under (ec$ 3" 5ule 75" its discretion in appointing the illegitimate child as the testator #ithout his 7no#ledgeF and ,hereafter" % died and proceedings for the settlement ,he 3 t#o e=ceptions the re@uirement areK distinctly pro ed administrator" instead of the spouse$ 8hile the spouse 5ules of %ourt$ its pro to isions are clearly and of his estate #ere filed in the 5,%!IueEon %ity$ DHs ;a< 8here the decedent left no #ill and no debts and enjoys preference" it appears that the spouse has by at least t#o credible #itnesses$ administrator then filed a motion in the probate court the heirs are all of age" or the minors are represented neglected to apply for letters of the administration #ithin Su((osing the original o(/ o" last #ill an' tes6 ;5,%!Banila<" praying that one of the lots assigned to by their judicial or legal es duly thirty ;3D< days from death the decedent$ . 6, (Sec. 6$ !"le 76 o '3e !"les representati o (o"r'& ta-ent #as lost, anthe Can io of o-(el Susan to(Se (ro6 % in 78, the project of partition be turned o er to him to $ule o" Court; authoriEed for the purpose" the parties may #ithout 'u e a $ules o(/ in her (ossession to 3e su3-itte' to the satisfy debts corresponding to %Hs portion$ ,he SUGGESTED ANSWER: securing letters of administration" di ide the estate (ro3ate ourt. (!F%o" +((eals. !38 SC$+ 163.% &as(a/, .r. vs. Court motion #as opposed by the administrator of %Hs SUGGESTED ANSWER: b$ .o$ ,he allo#ance of the #ill from #hich no ALTERNATI E ANSWER: among themsel es by means of public instrument Jes" %ancio can compel (usan to produce the copy estate$ ?o# should the 5,%!Banila e the (" the sur i ing spouse" should ha e beenresol appointed appeal #as ta7en is conclusi e as to its due filed in the office of the register of deeds" or should in her possession$ &estate" person ha ing custody of the motion of DHs administrator: )=plain$ ;31< administratri= of the in as much as she enjoys e=ecution$ (Sec. 1 o !"le 75.& Due e=ecution includes a they disagree" they may do so in an ordinary action of SUGGESTED ANSWER: #ill preference is bound to deli er the same under to thethe court of first in such appointment rules$ finding that the #ill is genuine and not aadjudicate forgery$ partition$ -f there is only one heir" he may ,he motion of DHs administrator should be granted$ competent jurisdiction to the e=ecutor" as (Sec. 6(a& o !"le 78$ !"les o or (o"r'.& &ccordingly" the due e=ecution of the #ill cannot to himself the entire estate by means of an affida it ,he assignment of the t#o lots to % #as premature pro ided in (ec$ 2" 5ule 75" 5ules of %ourt$ again be @uestioned in aregister subse@uent proceeding" not filed in the office of the of deeds$ ,he parties because the ANSWER: debts of the estate had not been fully SUGGESTED e en in a criminal action for forgery of the #ill$ or the sole heir shall file simultaneously abound #ith paid$ D$ule 90, se . 1; v. Barreto60atu, 19 SC$+ 85 2$ .o$ affida it$e/es of self!adjudication is allo#ed Can the &n (ro3ate ourt a((oint the #i'o# as e7e utor (1967%B. the register of deeds" in an amount e@ui alent to the only the (!F% affiant is the sole heir of the$ deceased$ o" theif #ill; Probate of Bill ('((.) Judicial Settlement of 9state ('((7) alue of the personal property as certified to under SUGGESTED ANSWER: (Sec. 1$ !"le 74$ !"les o (o"r'&. -n this case" & also &" a resident of Balolos" Bulacan" died lea ing an (tate the rule on enuecan in appoint judicial the settlement of oath by the parties and conditioned upon the payment Jes" the probate court #ido# as claims to be an heir$ Boreo er" it is not legal because estate located in Banila" #orth P2DD"DDD$DD$ -n #hat estate of deceased persons$ ;21< of any just claim that may be filed later$ ,he fact of e=ecutor of the #ill if the e=ecutor does not @ualify" there is already a pending juridical proceeding for the court" ta7ing into consideration the nature of SUGGESTED ANSWER: the e=trajudicial settlement or administration shall be as the #hen he isthe incompetent" refuses trust" orat fails settlement of estate$ -f decedent is an inhabitant of the the Philippines the jurisdiction and of enue" should the probate published in a ne#spaper of general circulation in the to gi e bond (Sec. 6$ !"le 78$ !"les o (o"r'&. time ofG his death" #hether a citiEen or an alien" the proceeding on the estate of & be instituted: ;41< pro ince once a #ee7 for three consecuti e #ee7s$ 5enue" S ecial (1997) SUGGESTED ANSWER: enue shall be Proceedings in the 5,% in the pro ince in #hich he (Sec. 1 o !"le 74$ !"les o (o"r'& Can the #i'o# an' her hil'ren iall/ 6i e the proper enue for follo#ing ,he probate proceeding on the estate of & should be resides at the time of his death" the not settle in thee7tra?u'i placespecial #here a-ong the-selves the estate o" the 'e ease'; (!F% proceedingsK a< & petition to declare as escheated a instituted in er thethe Bunicipal ,rial of %ourt Balolos" he used to li e$ (.ao v. Court o" +((eals, ;b< 8hene gross alue the of estate of a parcel of land Bulacan has jurisdiction" because estate is &.$. )o. 1!831*, Ma/ !9, !00!% deceased#hich person" #hether he died testate the or intestate" SUGGESTED ANSWER: o#ned by a resident of the Philippines #ho died alued at P2DD"DDD$DD" and is the court of proper .o" the #ido# and her children cannot settle the es! does not e=ceed ten thousand pesos" and that fact is and #ithout or country" persons entitled to -f heintestate is an inhabitant" of a heirs foreign the 5,% of enue to because #as5,% a resident Balolos at tate e=trajudicially because of the e=istence of the made appear & to the ha ing of jurisdiction or the the the property$ any pro ince or city in #hich he had estate shall be time of his death$ (Se . 33 o" BP 1!9 as a-en'e' 3/ $+ 8ill$ .o& #ill shall pass either real or personal estate estate by the petition of an interested person and b< petition for appointment of the an 7691; Se . 1 o" $ule 73%. the enue$ ,he court first the ta7ing cogniEance of unless it is pro ed and allo#ed in the properleft court upon hearing" #hich shall be held not less than one administrator o er the land and building by an case 1$ shall to the e=clusion of all (Sec. !"lee=ercise 75$ !"les jurisdiction o (o"r'&. ;1< month nor('((7) more than three ;3< months from the Probate of Bill &merican citiEen residing in %alifornia" #ho had other courts$ 8hen the marriage is dissol ed bybeen the date the last publication a notice #hich shall &fterof 4uluGs death" her heirsof brought her last #ill to be a declared an incompetent by an &merican court$ death of the husband or #ife" the community property Can the #i'o# an' her hil'ren initiate a se(arate published once a their #ee7respecti for three e #ee7s in la#yer to obtain e consecuti shares in the estate$ shall be in entoried" administered and li@uidated" (etition "or (artition o" the estate (en'ing and the a ne#spaper of general circulation in the pro ince" c< & petition for an' the adoption ofor a intestate minor ,he la#yer prepared a deed of partition distributing the debts thereof paid" in the testate (ro3ate o" the last #ill testa-ent 3/ the ourt; and after such in other notice to interested persons the residing in Pampanga$ 4uluGs estate accordance #ith the terms ofas her proceedings of the deceased spouse$ -f both spouses (!F% court may direct" the court may proceed summarily" SUGGESTED SUGGESTED ANSWER: ANSWER: #ill$ -s the act of the la#yer correct: 8hy: ;21< ha e died" the conjugal partnership shall be #ithout the appointment of an e=ecutor or ;a< of the escheat proceedings ofli@uidated a file parcel SUGGESTED ANSWER: .o",he the enue #ido# and her children cannot a in the testate or intestate proceedings of either$ (Sees. 1 administrator" to settle estate$ (Sec. 2 o !"le 74$ .o$ .o #ill" shall passthe either real or personal estate of land in this case is the place #here the deceased separate petition for partition pending the probate of an' !, $ule 73, $ules o" Court% !"les o it (o"r'& unless is pro ed and allo#ed in the proper court$ last (Sec. 1. !"le !"lesof o (o"r'&. the resided$ #ill$ Partition is a 91$ mode settlement of the (Sec. 1$ !"le 75$ !"les o (o"r'& !"le 75$ !"les o (o"r'&. estate (Sec. 1$ Bills (1999) Probate of 0ost Settlement of 9state" Administrator (199!) ;b< ,heare enue the appointment of an administrator 8hat thefor re@uisites in order that a lost or &" claiming to be an illegitimate child of the Probate of Bill ('((+) Probate of and Bill"building :andatory =ature ('((') citiEen residing o er land of an &merican destroyed 8ill may be allo#ed: ;21< deceased D" instituted an proceeding to (ergio PunEalan" +ilipino" 5D-ntestate years old" married" and in %alifornia" declared -ncompetent settle theatestate the latter$ ?e also prayed that he residing &yalaof &labang 3illage" Buntinlupa %ity" be of Remedial Law Bar Examination Q & A (1997-2006)

of 66 composed of in estigators the *ffice of thecan (pecial Prosecutor decree from or e=ecuti e order mandate that and the from determination the *ffice of the *mbudsman for the Bilitary of Deputy just compensation by the e=ecuti e to conduct a jointein estigation of the criminal case the or legislati departments can pre ail o er the and courtGs administrati case$ team of v. in0ula/, estigators findingse(47(ort Pro ,he essing Eone +uthorit/ &.$. )o. 8659603, +(ril !9,1987; Sees. 5 to 8 $ule 67,1997 recommended to the *mbudsman that &6 be pre enti ely $ules o" Pro e'ure%. -n addition" suspended forCivil a period not e=ceeding si= compensation months on its must be paid money (4ste3an v. 9norio, +.M. )o. ,he 006 finding that the in e idence of guilt is strong$ *61666$5C, .unethe !9, said !001%. *mbudsman issued order as recommended by the &.$. )o. 15915, Se(te-3er 7, 19!1; $e/es v. )<+, &$ )o. in estigators$ 1*7511, Mar h !*, !003%. ,he planned compensation" SUMMARY PROCEDURE $ ho#e er" is not legally tenable as the determination of just compensation is a judicial function$ .o statute" Pro,ibited Pleadings ('((?) &6 mo ed to reconsider the order on the follo#ing %harged #ith the offense of slight physical injuries groundsK ;a< the *ffice of the (pecial Prosecutor had under an information duly filed #ith the Be,% in e=clusi e authority to conduct a preliminary Banila #hich in the meantime had duly issued an in estigation of the criminal caseF ;b< the order for his 1A .(19" :andatory Sus ension ('((1) order declaring that the case shall be go erned by the pre enti e suspension #as premature because he had 6o ernor Pedro Bario of ,arlac #as charged #ith indirect bribery before the (andiganbayan for accepting a car 5e ised 5ule on (ummary Procedure" the accused yet to file his ans#er to the administrati e complaint in e=change of the a#ard of a series of contracts for medical supplies$ ,he (andiganbayan" after going o er the filed #ith said court a motion to @uash on the sole and submit counter ailing idenceF and ;c< he #as a information" found the same to be alid and ordered the suspension of Bario$ ,he latterecontested the suspension ground that the officer #ho filed the information had career e=ecuti e ser ice officer and under Presidential claiming that under the la# ;(ec$ 13 of 5$&$ 3D1A< his suspension is not automatic upon the filing of the no authority to do so$ ,he Be,% denied the motion Decree .o$ >D7 ;%i il (er ice 4a#<" his pre enti information and his suspension under (ec$ 13" 5$&$ 3D1A is in conflict #ith (ec$ 5 of the DecentraliEation &ct of e on the ground that it is a prohibited motion under the suspension shall be for a ma=imum period of three 1A67 ;5$&$ 51>5<$ ,he (andilganbayan o erruled BarioHs contention stating that BarioHs suspension under the said 5ule$ ,he accused thereupon filed #ith the 5,% months$ 5esol e #ith reasons the motion of circumstances is mandatory$ -s the courtHs ruling correct: 8hy: in Banila a petition for certiorari in sum assailing and respondent &6$ ;51< SUGGESTED ANSWER: see7ing the ANSWER: nullification of the Be,%Gs denial of his SUGGESTED ,he motion should be denied for the follo#ing motion to @uash$ ,he 5,% in due time issued an order Jes$ BarioHs suspension is mandatory" although not automatic" (Sec. 13 o !.1. .o. 3019 in rela'ion 'o Sec. 5 o '3e reasonsK denying due course to the certiorari petition on the after -ecen'raliEa'ion 1c' o 1967 (!.1. .o. 5185&. -t is mandatory the determination of the alidity of the information ,he *ffice of the (pecial Prosecutor does not ground that it is nothearing$ allo#edDSegovia by the v. said 5ule$ ,he !88 1 in a pre!suspension San'igan3a/an, SC$+ 3!8 (1988%B. ,he purpose of suspension is to ha e e=clusi e authority to conduct a preliminary accused forth#ith filed #ith said 5,% a motion for pre ent the accused public officer from frustrating or hampering his prosecution by intimidating or influencing in estigation of the criminal case but it participated in reconsideration of its said ,he in time #itnesses or tampering #ith order$ e idence or 5,% from committing further acts of malfeasance #hile in office$ the in estigation together #ith the Deputy denied said motion for reconsideration on the ground *mbudsman for the Bilitary #ho can handle cases of that the same is also a prohibited motion under the ci ilians and is not limited to the military$ said 5ule$ 8ere the 5,%Gs orders denying due course 2 ,he order of pre enti e suspension need not to the petition as #ell as denying the motion for #ait for the ans#er to the administrati e complaint reconsideration correct: 5eason$ ;51< and the submission of counter ailing e idence$
of Banila by an &merican shall deli %ourt" er its is 5!hectare the 5,% lot of in (ta$ the 5osa" place #here his originally 4aguna property or part intended thereofas is situated$ a residential (Sec. 1. !"le 92&. subdi ision for the Banila %ity ?all employees$ SUGGESTED ANSWER: ;c< ,he ;51< enue of a petition for the adoption of a )=plain$ Jes" enactis a minor %ongress residing in may Pampanga thela# 5,%e=propriating of the place property pro ided that it is for public use and #ith in #hich the petitioner resides$ (Sec. 1. !"le 99& just compensation$ -n this case" the construction of a par7 is for public use (See Sena v. Manila $ailroa' Co.,
,he 5,%Gs orders denying due course to the petition for certiorari as #ell as denying the motion for reconsideration are both not correct$ ,he petition for certiorari is a prohibited pleading under (ection 1A;g< of the 5e ised 5ule on (ummary Procedure and the motion for reconsideration" #hile it is not prohibited motion (8u as v. 2a3ros, +M )o. M5.69961!!6, .anuar/
31, !000, iting .oven v. Court o" +((eals, !1! SC$+ 700, 7076708 (199!%, should be denied because the petition
SUGGESTED ANSWER:

Remedial Law Bar Examination Q & A (1997-2006) by: sirdondee@gmail.com by: sirdondee@gmail.com Page 66 Page of 66 65

(0arcia ). ;o@ica$ 0.!. .o. 13903$ Se9'ember 10$ 1999& -n Aas="eE case$ 0.!. .o. 110801$ 19ril 6$ 1995 "

for certiorari is a prohibited pleading$

MISCELLANEOUS
Administrative Proceedings ('((7)

the court ruled that pre enti e suspension pursuant to (ec$ 24 of 5$&$ .o$ 677D ;*mbudsman &ct of 1A>A<" shall continue until termination of the case but shall not e=ceed si= ;6< months" e=cept in relation to 5$&$ .o" 3D1A and P$D$ .o$ >D7$ &s a career e=ecuti e officer" his pre enti e suspension under the %i il (er ice 4a# may only be for a ma=imum period of three months$ ,he period of the suspension under the &nti!6raft 4a# shall be the same pursuant to the e@ual protection clause$
(&ar ia v. Mo?i a, &.$. )o. 13903, Se(te-3er 10, 1999; 8a/no v. San'igan3a/an, &.$. )o. 86658*8, Ma/ !1, 1985%

5egional Director &6 of the Department of Public 8or7s and ?igh#ays #as charged #ith iolation of (ection 3;e< of 5epublic &ct .o$ 3D1A in the *ffice of the *mbudsman$ &n administrati e charge for gross misconduct arising from the transaction subject matter of said criminal case #as filed against him in the same office$ ,he *mbudsman assigned a team

Congress" 0a2 9; ro riating Pro erty ('((+)

Bay %ongress enact a la# pro iding that a 5" DDD s@uare meter lot" a part of the '(, compound in (ampaloc Banila" be e=propriated for the construction of a par7 in honor of former %ity Bayor &rsenic 4acson: &s compensation to '(," the %ity
Version 1997-2006 !dated "# Dondee