2008-2013 philippine bar questions remedial

7/23/2019 2008-2013 Philippine Bar Questions Remedial

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ESSAY QUESTIONS

I.

Alfie Bravo filed with the Regional Trial Court of Caloocan, a complaint for a sum of money

against Charlie Delta. The claim is for Php.!"illion. The complaint alleges that Charlie#orrowed the amount from Alfie and duly e$ecuted a promissory note as evidence of the loan.

Charlie%s office secretary, &sther, received the summons at Charlie%s office.

Charlie failed to file an answer within the re'uired period, and Alfie moved to declare Charlie in

default and to #e allowed to present evidence e$ parte. Ten days later, Charlie filed his verified

answer, raising the defense of full payment with interest.

I(A) *as there proper and valid service of summons on Charlie+ (-)

I(B) If declared in default, what can Charlie do to o#tain relief+ (-)

II.

/vonne, a young and lonely 01*, had an intimate relationship a#road with a friend, Percy.

Although /vonne comes home to "anila every si$ months, her foreign posting still left her

hus#and Dario lonely so that he also engaged in his own e$tramarital activities. In one

particularly e$hilarating session with his girlfriend, Dario died. *ithin 23 days from Dario%s

death, /vonne gives #irth in "anila to a #a#y #oy. Irate relatives of Dario contemplate criminally

charging /vonne for adultery and they hire your law firm to handle the case.

II(A) Is the contemplated criminal action a via#le option to #ring+ (-)

II(B) Is a civil action to impugn the paternity of the #a#y #oy feasi#le, and if so, in what

proceeding may such issue #e determined+ (!-)

III.

*hile in his 4issan Patrol and hurrying home to 5ue6on City from his wor7 in "a7ati, 8ary

figured in a vehicular mishap along that portion of &D9A within the City of "andaluyong. :e was

#umped from #ehind #y a 1ord &$pedition 9;< driven #y :orace who was o#served using his

cellular phone at the time of the collision. Both vehicles = more than ! years old > no longer

carried insurance other than the compulsory third party lia#ility insurance. 8ary suffered physical

in?uries while his 4issan Patrol sustained damage in e$cess of Php!33,333.

III(A) As counsel for 8ary, descri#e the process you need to underta7e starting from the

point of the incident if 8ary would proceed criminally against :orace, and identify the

court with ?urisdiction over the case. (-)

III(B) If 8ary chooses to file an independent civil action for damages, e$plain #riefly this

type of action@ its legal #asis the different approaches in pursuing this type of action the

evidence you would need and types of defenses you could e$pect. (!-)

I


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At the Pu#lic Attorneys 0ffice station in Taguig where you are assigned, your wor7 re'uires you

to act as pu#lic defender at the local Regional Trial Court and to handle cases involving

indigents.

I


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*hat action or actions may Patty pursue, against whom, where (court and venue), and under

what legal #asis+ (E-)


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*alter was charged with arson and at his trial, the prosecution moved to introduce the

testimonies of 4enita, the doctor and the priest=confessor, who all saw *alter at the vicinity of

the fire at a#out the time of the fire.

IH(A) "ay the testimony of 4enita #e allowed over the o#?ection of *alter+ (-)

IH(B) "ay the testimony of Dr. Carlos, *alter%s psychiatrist, #e allowed over *alter%s

o#?ection+ (-)

IH(C) "ay the testimony of 1r. Platino, the priest=confessor, #e allowed over *alter%s

o#?ection+ (-)

H.

As a new lawyer, Attorney 4ovato limited his practice to small claims cases, legal counseling and

the notari6ation of documents. :e put up a solo practice law office and was assisted #y his wife

who served as his secretaryhelper. :e used a ma7eshift hut in a vacant lot near the local courts

and a local transport regulatory agency. *ith this practice and location, he did not have #ig=time

clients #ut en?oyed heavy patronage assisting wal7=in clients.

H(A) *hat role can Attorney 4ovato play in small claims cases when lawyers are not

allowed to appear as counsel in these cases+ (-)

H(B) *hat legal remedy, if any, may Attorney 4ovato pursue for a client who loses in a

small claims case and #efore which tri#unal or court may this #e pursued+ (-)

MULTIPLE CHOICE QUESTIONS

I. In a complaint filed #y the plaintiff, what is the effect of the defendant%s failure to file an answer

within the reglementary period+ (-)

(A) The court is allowed to render ?udgment motu proprio in favor of the plaintiff.

(B) The court motu proprio may declare the defendant in default, #ut only after due notice

to the defendant.

(C) The court may declare the defendant in default #ut only upon motion of the plaintiff

and with notice to the defendant.

(D) The court may declare the defendant in default #ut only upon motion of the plaintiff,with notice to the defendant, and upon presentation of proof of the defendant%s failure to

answer.

(&) The a#ove choices are all inaccurate.

II. *hich of the following is admissi#le+ (-)

(A) The affidavit of an affiant stating that he witnessed the e$ecution of a deed of sale #ut

the affiant was not presented as a witness in the trial.

(B) The e$tra ?udicial admission made #y a conspirator against his co=conspirator afterthe conspiracy has ended.


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(C) The testimony of a party%s witness regarding email messagesthe witness received

from the opposing party.

(D) The testimony of a police officer that he had #een told #y his informants that there

were sachets of sha#u in the poc7et of the defendant.

(&) 4one of the a#ove.

III. eave of court is re'uired to amend a complaint or information #efore arraignment if the

amendment JJJJJJJJJJ. (-)

(A) upgrades the nature of the offense from a lower to a higher offense and e$cludes any

of the accused

(B) upgrades the nature of the offense from a lower to a higher offense and adds another

accused

(C) downgrades the nature of the offense from a higher to a lower offense or e$cludes

any accused

(D) downgrades the nature of the offense from a higher to a lower offense and adds

another accused

(&) All the a#ove choices are inaccurate.

I the prosecution may prove the #ad moral character of the accused

to prove his criminal predisposition

(C) in criminal cases under certain situations, #ut not to prove the #ad moral character of

the offended party

(D) when it is evidence of the good character of a witness even prior to his impeachment

as witness

(&) In none of the given situations a#ove.


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(B) A motion to 'uash may #e L led with or without leave of court, at the discretion of the

accused.

(C) *hen a motion to 'uash is granted, a dismissal of the case will not necessarily follow.

(D) The grounds for a motion to 'uash are also grounds for a demurrer to evidence.

(&) The a#ove choices are all wrong.

H. *hich among the following is not su#?ect to mediation for ?udicial dispute resolution+ (-)

(A) The civil aspect of B.P. Blg. KK cases.

(B) The civil aspect of theft penali6ed under Article 32 of the Revised Penal Code.

(C) The civil aspect of ro##ery.

(D) Cases cogni6a#le #y the upong Tagapamayapa under the Matarungang

Pam#arangay aw.


HI. *hat is the effect of the pendency of a special civil action under RuleN! of the Rules of Court

on the principal case #efore the lower court+ (-)

(A) It always interrupts the course of the principal case.

(B) It interrupts the course of the principal case only if the higher court issues a

temporary restraining order or a writ of preliminary in?unction against the lower court.

(C) The lower court ?udge is given the discretion to continue with the principal case.

(D) The lower court ?udge will continue with the principal case if he #elieves that the

special civil action was meant to delay proceedings.

(&) Due respect to the higher court demands that the lower court ?udge temporarily

suspend the principal case.

HII. 1indings of fact are generally not distur#ed #y the appellate court e$cept in cases

JJJJJJJJJJ. (-)

(A) where the issue is the credi#ility of the witness

(B) where the ?udge who heard the case is not the same ?udge who penned the decision

(C) where the ?udge heard several witnesses who gave conflicting testimonies

(D) where there are su#stantially overloo7ed facts and circumstances that, if properly

considered, might affect the result of the case



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HIII. Contempt charges made #efore persons, entities, #odies and agencies e$ercising 'uasi=

?udicial functions against the parties charged, shall #e filed with the Regional Trial Court of the

place where the JJJJJJJJJJ. (-)

(A) person, entity or agency e$ercising 'uasi=?udicial function is located

(B) person who committed the contemptuous act resides

(C) act of contempt was committed

(D) party initiating the contempt proceeding resides

(&) charging entity or agency elects to initiate the action

HI


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(B) when the action against the non=resident defendant affects the personal status of the

plaintiff and the defendant is temporarily outside the Philippines

(C) when the action is against a non=resident defendant who is formerly a Philippine

resident and the action affects the personal status of the plaintiff

(D) when the action against the non=resident defendant relates to property within the

Philippines in which the defendant has a claim or lien

(&) All of the a#ove.

H


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(D) The court, in its discretion, may order that the allegation in the pleadings which do not

conform to the evidence presented #e stric7en out.

(&) The matter is su#?ect to the complete discretion of the court.

HH. The a#or Ar#iter, ruling on a purely legal 'uestion, ordered a wor7er%s reinstatement andthis ruling was affirmed on appeal #y the 4RC whose decision, under the a#or Code, is final.

The company%s recourse under the circumstances is to JJJJJJJJJJ. (-)

(A) file a motion for reconsideration and if denied, file a petition for review with the Court

of Appeals on the pure legal 'uestion the case presents.

(B) file a motion for reconsideration and if denied, appeal to the 9ecretary of a#or since

a la#or policy issue is involved.

(C) file a motion for reconsideration and if denied, file a petition for certiorari with the

Court of Appeals on the ground of grave a#use of discretion #y the 4RC.

(D) file a motion for reconsideration and if denied, file a petition for review on certiorari

with the 9upreme Court since a pure 'uestion of law is involved.

(&) directly file a petition for certiorari with the Court of Appeals since a motion for

reconsideration would serve no purpose when a pure 'uestion of law is involved.

2012

REMEDIAL LAW

. In settlement proceedings, appeal may #e ta7en from an@

a. order appointing a special administrator

#. order appointing an administrator

c. order of an administrator to recover property of the estate

d. order to include or e$clude property from the estate.

K. ;nder the Rules on the *rit of Amparo, interim relief orders may #e issued #y the Courte$cept@

a. production order

#. witness protection order

c. hold departure order

d. temporary protection order.

. A narrative testimony is usually o#?ected to #ut the court may allow such testimony if@


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a. it would e$pedite trial and give the court a clearer understanding of the mattersrelated

#. the witness is of advanced age

c. the testimony relates to family genealogy

d. the witness volunteers information not sought #y the e$aminer.

. In default of parents, the court may appoint a guardian for a minor giving first preferenceto@

a. an older #rother or sister who is over 2 years old.

#. the actual custodian over K years old.

c. a paternal grandparent

d. an uncle or aunt over K years old.

!. In real actions, the doc7et and filing fees are #ased on@

a. fair mar7et value of the property.

#. assessed value of the property.

c. 9IR 6onal value of the property.

d. fair mar7et value of the property and amount of damages claimed.

N. H filed a motion for Bill of Particulars, after #eing served with summons and a copy of thecomplaint :owever, Hs motion did not contain a notice of hearing. The court maytherefore@

a. re'uire the cler7 of court to calendar the motion.

#. motu proprio dismiss the motion for not complying with Rule !.

c. allow the parties the opportunity to #e heard.

d. return the motion to Hs counsel for amendment.

E. A wants to file a Petition for *rit of :a#eas Data against the A1P in connection withthreats to his life allegedly made #y A1P intelligence officers. A needs copies of A1Phighly classified intelligence reports collected #y 9gt. 9antos who is from A1P. A can filehis petition with@

a. RTC where A1P is located

#. RTC where 9gt. 9antos resides

c. 9upreme Court

d. Court of Appeals.


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2. * was arrested in the act of committing a crime on 0cto#er , K3. After an in'uesthearing, an information was filed against * and his lawyer learned of the same on0cto#er !, K3. * wants to file a motion for preliminary investigation and therefore hehas only up to JJJJJ to file the same.

a. 0cto#er K3, K3

#. 0cto#er 3, K3

c. 4ovem#er !, K3

d. 0cto#er N, K3.

F. Preliminary Prohi#itive In?unction will not lie@

a. to en?oin repeated trespass on land.

#. in petitions for certiorari and mandamus.

c. to restrain implementation of national government infrastructure pro?ect.

d. to restrain voting of disputed shares of stoc7.

3. A defendant who fails to file a timely Answer or responsive pleading will not #e declaredin default in@

a. pro#ate proceedings where the estate is valued at P 33,333

#. forci#le entry cases

c. collection case not e$ceeding P 33,333

d. violation of rental law.

. The validity of a search warrant is days@

a. !

#. 3

c. N3

d. K3.

K. An accused may move for the suspension of his arraignment if@

a. a motion for reconsideration is pending #efore the investigating prosecutor.

#. accused is #onded and his #ondsman failed to notify him of his scheduledarraignment.

c. a pre?udicial 'uestion e$ists.


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d. there is no availa#le pu#lic attorney.

. P failed to appear at the promulgation of ?udgment without ?ustifia#le cause. The?udgment convicted P for slight physical in?uries. udgment may therefore #epromulgated in the following manner@

a. By the reading of the ?udgment in the presence of only the ?udge.

#. By the cler7 of court in the presence of Ps counsel.

c. By the cler7 of court in the presence of a representative of P.

d. By entering the ?udgment into the criminal doc7et of the court.

. Being declared in default does not constitute a waiver of all rights. :owever, the followingright is considered waived@

a. #e cited and called to testify as a witness

#. file a motion for new trial

c. participate in deposition ta7ing of witnesses of adverse party

d. file a petition for certiorari

!. At arraignment, H pleads not guilty to a Ro##ery charge. At the pretrial, he changes hismind and agrees to a plea #argaining, with the conformity of the prosecution andoffended party, which downgraded the offense to theft. The Court should therefore@

a. render ?udgment #ased on the change of plea.

#. allow the withdrawal of the earlier plea and arraign H for theft and render?udgment.

c. receive evidence on the civil lia#ility and render ?udgment.

d. re'uire the prosecution to amend the information.

N. A criminal case should #e instituted and tried in the place where the offense or any of theessential elements too7 place, e$cept in@

a. &stafa cases

#. Comple$ crimes

c. Cases cogni6a#le #y the 9andigan#ayan

d. Court martial cases.

E. H was charged for murder and was issued a warrant of arrest. H remains at large #utwants to post #ail. Hs option is to@

a. file a motion to recall warrant of arrest


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#. surrender and file a #ail petition

c. file a motion for reinvestigation

d. file a petition for review with the 00.

2. The &nergy Regulatory Commission (&RC) promulgates a decision increasing electricityrates #y -. M"; appeals the decision #y way of petition for review. The appeal willtherefore@

a. stay the e$ecution of &RC decision.

#. shall not stay the &RC decision unless the Court of Appeals directs otherwise.

c. stay the e$ecution of the &RC decision conditioned on M"; posting a #ond.

d. shall not stay the &RC decision.

F. RTC decides an appeal from the "TC involving a simple collection case. The decisionconsists of only one page #ecause it adopted #y direct reference the findings of fact andconclusions of law set forth in the "TC decision. *hich statement is most accurate+

a. The RTC decision is valid #ecause it was issued #y a court of competent?urisdiction.

#. The RTC decision is valid #ecause it e$pedited the resolution of the appeal.

c. The RTC decision is valid #ecause it is a memorandum decision recogni6ed #ylaw.

d. The RTC decision is valid #ecause it is practical and convenient to the ?udge andthe parties.

K3. The filing of a complaint with the Punong Barangay involving cases covered #y theMatarungang Pam#arangay Rules shall@

a. not interrupt any prescriptive period.

#. interrupt the prescriptive period for F3 days.

c. interrupt the prescriptive period for N3 days.

d. interrupt the prescriptive period not e$ceeding N3 days.

K. In a declaratory relief action, the court may refuse to e$ercise its power to declare rightsand construe instruments in what instances+

a. *hen a decision would not terminate the controversy which gave rise to theaction.

#. In an action to consolidate ownership under Art. N3E of the Civil Code.

c. To esta#lish legitimate filiation and determine hereditary rights.


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d. (a) and (c) a#ove

KK. In election cases involving an act or omission of an "TC or RTC, a certiorari petitionshall #e filed with@

a. The Court of Appeals

#. The 9upreme Court

c. The C0"&&C

d. The Court of Appeals or the C0"&&C #oth having concurrent ?urisdiction

K. A charge for indirect contempt committed against an RTC ?udge may #e commencedthrough@

a. A written charge re'uiring respondent to show cause filed with the Court of

Appeals.

#. An order of the RTC udge re'uiring respondent to show cause in the same RTC.

c.


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#. upon motion, #e dismissed with pre?udice.

c. #e summarily dismissed with pre?udice as it may constitute direct contempt.

d. #e stric7en from the record.

KE. &'uity of Redemption is the right of the mortgagor to redeem the mortgaged propertyafter default in the performance of the conditions of the mortgage, #efore the sale or theconfirmation of sale in a(n)@

a. e$tra?udicial foreclosure of mortgage.

#. ?udicial foreclosure of mortgage.

c. e$ecution sale.

d. foreclosure #y a #an7.

K2. H and /, #oth residents of Bgy. II, 9ampaloc, "anila entered into a P 33,333 loanagreement. Because / defaulted, H sued / for collection and the complainant prayed forissuance of preliminary attachment. / moved to dismiss the complaint #ecause there wasno Barangay conciliation. The court should therefore@

a. dismiss Hs complaint for prematurity.

#. dismiss Hs complaint for lac7 of cause of action.

c. deny /s motion #ecause it is e$empt from Barangay conciliation.

d. deny /s motion #ecause of the amount of the loan.

KF. H was shot #y / in the course of a ro##ery. 0n the #rin7 of death, H told *, a #arangaytanod, that it was / who shot and held him up. In the trial for ro##ery with homicide, Hsdeclaration can #e admitted only as a dying declaration@

a. to prove ro##ery.

#. to prove homicide.

c. to prove ro##ery and homicide.

d. to prove the Gcorpus delictiG.

3. *hich of the following is not a 9pecial Proceeding+

a. A#sentees

#. &scheat

c. Change of 1irst 4ame

d. Constitution of 1amily :ome


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. Atty. H fails to serve personally a copy of his motion to Atty. / #ecause the office andresidence of Atty. / and the latters client changed and no forwarding addresses weregiven. Atty. Hs remedy is to@

a. 9erve #y registered mail

#. 9erve #y pu#lication

c. Deliver copy of the motion to the cler7 of court with proof of failure to serve

d. Certify in the motion that personal service and through mail was impossi#le.

K. *hen caught, H readily admitted to the 1orestry Ranger that he cut the trees. 9uch astatement may #e admitted and is not necessarily hearsay #ecause@

a. it is a ?udicial admission of guilt.

#. it shows the statement was true.

c. it will form part of the circumstantial evidence to convict.

d. it proves that such a statement was made.

. A complaint may #e dismissed #y the plaintiff #y filing a notice of dismissal@

a. At anytime after service of the answer.

#. At anytime #efore a motion of summary ?udgment is filed.

c. At the pre=trial.

d. Before the complaint is amended.

. In a criminal case for violation of a city ordinance, the court may issue a warrant of arrest@

a. for failure of the accused to su#mit his counter=affidavit.

#. after finding pro#a#le cause against the accused.

c. for failure of the accused to post #ail.

d. for non=appearance in court whenever re'uired.

!. ;nder the Matarungan Pam#arangay rules, the e$ecution of an amica#le settlement orar#itration award is started #y filing a motion for e$ecution with the Punong Barangay,who may issue a notice of e$ecution in the name of the upon Tagapamayapa. &$ecutionitself, however, will #e done #y@

a. a court=appointed sheriff.

#. any Barangay Magawad.

c. Punong Barangay.


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d. any mem#er of the Pang7at ng Tagapagsundo.

N. If the ?udgment de#tor dies after entry of ?udgment, e$ecution of a money ?udgment may#e done #y@

a. presenting the ?udgment as a claim for payment against the estate in a specialproceeding.

#. filing a claim for the money ?udgment with the special administrator of the estateof the de#tor.

c. filing a claim for the money ?udgment with the de#tors successor in interest.

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

E. The Director of the B1AR launches an intensified campaign against illegal fishpenoperators situated in aguna de Bay. The illegal fishpen operators file a 9ection (e),

R.A. 3F (causing undue in?ury or #enefit) case against the B1AR Director #efore the9andigan#ayan. The Directors #est remedy #efore 9andigan#ayan is@

a. file a "otion to 5uash #ased on lac7 of ?urisdiction over the person.

#. file a "otion to 5uash for non=e$haustion of administrative remedies.

c. file a "otion to Dismiss #ecause the complaint is a 9APP suit.

d. move for suspension of proceedings #ecause of a pre=?udicial 'uestion.

2. A complaint may #e refiled if dismissed on which of the following grounds+

a. unenforcea#le under the 9tatute of 1rauds

#. Res udicata

c. itis Pendencia

d. ac7 of ?urisdiction.

F. The following are accurate statements on ?oinder of causes of action, e$cept@

a. ?oinder of actions avoids multiplicity of suits.

#. ?oinder of actions may include special civil actions.

c. ?oinder of causes of action is permissive.

d. the test of ?urisdiction in case of money claims in a ?oinder of causes of acton, isthe Gtotality ruleG.

3. *, a legal researcher in the RTC of "a7ati, served summons on an amended complainton O at the latters house on a 9unday. The service is invalid #ecause@

a. it was served on a 9unday.


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#. the legal researcher is not a Gproper court officerG.

c. (a) and (#) a#ove

d. there is no need to serve summons on an amended complaint.

. After a plea of not guilty is entered, the accused shall have JJJJJ days to prepare fortrial.

a. !

#. 3

c. 3

d. 4one of the a#ove.

K. The following motions re'uire a notice of hearing served on the opposite party, e$cept@

a. "otion to 9et Case for Pre=trial

#. "otion to ta7e deposition

c. "otion to correct T94

d. "otion to postpone hearing.

. *hich of the following statements is incorrect+

a. A "otion to 5uash which is granted is a #ar to the prosecution for the sameoffense if the criminal action or lia#ility has #een e$tinguished.

#. In the Court of Appeals, the accused may file a motion for new trial #ased only onnewly discovered evidence.

c. A demurrer to evidence may #e filed without leave of court in a criminal case.


. *hich of the following is true+

a. 9ummons e$pires after ! days from issue.

#. *rit of &$ecution e$pires after 3 days from issue.

c. 9earch *arrant e$pires after K3 days from issue.

d. 9u#poena e$pires after 3 days from issue.

!. A person may #e charged with direct contempt of court when@

a. A person re=enters a property he was previously e?ected from.


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#. A person refuses to attend a hearing after #eing summoned thereto.

c. :e attempts to rescue a property in custodia legis.

d. 9he writes and su#mits a pleading containing derogatory, offensive or maliciousstatements.

N. ;nder the Rules of &lectronic &vidence, Gephemeral electronic conversationG refers to thefollowing, e$cept@

a. te$t messages

#. telephone conversations

c. fa$ed document

d. online chatroom sessions

E. A private electronic documents authenticity may #e received in evidence when it isproved #y@

a. evidence that it was electronically notari6ed.

#. evidence that it was digitally signed #y the person who purportedly signed thesame.

c. evidence that it contains electronic data messages.

d. evidence that a method or process was utili6ed to verify the same.

2. Atty. A drafts a pleading for his client 2 wherein B admits certain facts pre?udicial to hiscase. The pleading was never filed #ut was signed #y Atty. A. 0pposing counsel got holdof the pleading and presents the same in court. *hich statement is the most accurate+

a. The pre?udicial statements are not admissi#le #ecause the unfiled document isnot considered a pleading.

#. The pre?udicial statements are not admissi#le #ecause the client did not sign thepleading.

c. The pre?udicial statements are not admissi#le #ecause these were not made #ythe client in open court.

d. The pre?udicial statements are not admissi#le #ecause these were made outsidethe proceedings.

F. ;nder the Rules on &$amination of a child witness, a child witness is one@

a. who is 2 years of age or #elow at the time of testifying.

#. who is #elow 2 years of age at the time of the incidentcrime to #e testified on.

c. who is #elow 2 years of age at the time of the giving of testimony.


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d. who is 2 years of age in child a#use cases.

!3. In which of the following is Interpleader improper+

a. in an action where defendants respective claims are separate and distinct fromeach other.

#. in an action #y a #an7 where the purchaser of a cashiers chec7 claims it was lostand another person has presented it for payment.

c. in an action #y a lessee who does not 7now where to pay rentals due toconflicting claims on the property.

d. in an action #y a sheriff against claimants who have conflicting claims to aproperty sei6ed #y the sheriff in foreclosure of a chattel mortgage.

!. The Parole &vidence Rule applies to@

a. su#se'uent agreements placed on issue.

#. written agreements or contractual documents.

c. ?udgment on a compromise agreement.

d. will and testaments.

!K. PD&A agents conducted a search on a house a#andoned #y its owners in 5ue6on City.The search, in order to #e valid, must #e made in the presence of@

a. any relative of the owner of the house.

#. the Director of the PD&A and a mem#er of the media.

c. the Barangay Chairman and a Barangay Tanod.

d. any elected 5ue6on City official.

!. A ?udge of an "TC can hear and decide petitions for ha#eas corpus or applications for#ail where@

a. the 9upreme Court authori6es the "TC.

#. the ?udge is the &$ecutive udge of the "TC.

c. the ?udge of the RTC where the case is raffled has retired, was dismissed or haddied.

d. in the a#sence of all the RTC udges in the province or city.

!. Proof of service of summons shall #e through the following, e$cept @

a. written return of the sheriff

#. affidavit of the person serving summons


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c. affidavit of the printer of the pu#lication

d. written admission of the party served.

!!. As a mode of discovery, the #est way to o#tain an admission from any party regardingthe genuineness of any material and relevant document is through a@

a. motion for production of documents.

#. written interrogatories.

c. re'uest for admission under Rule KN.

d. re'uest for su#poena duces tecum.

!N. A ?udgment Gnon pro tuncG is one which@

a. dismisses a case without pre?udice to it #eing re=filed.

#. clarifies an am#iguous ?udgment or a ?udgment which is difficult to comply with.

c. one intended to enter into the record the acts which already have #een done, #utwhich do not appear in the records.

d. is a memorandum decision.

!E. The 9andigan#ayan can entertain a 'uo warranto petition only in@

a. cases involving pu#lic officers with salary grade KE or higher.

#. only in aid of its appellate ?urisdiction.

c. as a provisional remedy.

d. cases involving Gill gotten wealthG.

!2. The ?udgment in a criminal case may #e promulgated #y the following, e$cept #y@

a. a 9andigan#ayan ?ustice in cases involving anti=graft laws.

#. a Cler7 of Court of the court which rendered ?udgment.

c. an &$ecutive udge of a City Court if the accused is detained in another city.

d. any ?udge of the court in which it was rendered.

!F. eave of court is always necessary in@

a. a demurrer to evidence in a civil case.

#. a demurrer to evidence in a criminal case.

c. motion to amend a complaint.


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d. third party complaint.

N3. Correctly complete the sentence@ A lone witness ===

a. is credi#le only if corro#orated.

#. is never credi#le.

c. may #e #elieved even if not corro#orated.

d. is always credi#le.

N. A ?udgment of conviction in a criminal case #ecomes final when@

a. accused orally waived his right to appeal.

#. accused was tried in a#sentia and failed to appear at the promulgation.

c. accused files an application for pro#ation.

d. reclusion perpetua is imposed and the accused fails to appeal.

NK. After a hearing on a "otion to Dismiss, the court may either dismiss the case or deny thesame or@

a. defer resolution #ecause the ground relied upon s not indu#ita#le.

#. order amendment of the pleading

c. conduct a preliminary hearing


N. ;nder Rule !K, a 9econd "otion for Reconsideration is a prohi#ited pleading. :owever,where may such "otion #e allowed+

a. the 9andigan#ayan

#. the 0ffice of the President

c. the 9upreme Court


N. The mortgage contract #etween H, who resides in "anila, and /, who resides in 4aga,covering land in 5ue6on provides that any suit arising from the agreement may #e filedGnowhere else #ut in a "a7ati courtG. / must thus sue only in@

a. "a7ati

#. "a7ati andor 4aga

c. 5ue6on andor "a7ati


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d. 4aga.

N!. Immediately after the witness had #een sworn in to testify, without any formal offer of histestimony, Atty. A started as7ing 'uestions on direct e$amination to the witness. The courtmay still consider his testimony if@

a. the formal offer is done after the direct testimony.

#. the opposing counsel did not o#?ect.

c. the witness is an e$pert witness.

d. the opposing counsel offered to stipulate on the testimony given.

NN. A private document may #e considered as evidence when it is se'uentially@

a. mar7ed, identified, authenticated.

#. identified, mar7ed and offered in evidence.

c. mar7ed, identified, authenticated and offered in evidence.

d. mar7ed, authenticated and offered in evidence.

NE. The Court of Appeals cannot issue a temporary restraining order in the following cases,e$cept@

a. #idding and awarding of a pro?ect of the national government.

#. against any free6e order issued #y the A"C under the antimoney launderinglaw.

c. against infrastructure pro?ects li7e the 9&H e$tension.

d. against the DAR in the implementation of the CAR aw.

N2. Choose the most accurate phrase to complete the statement@ "andamus will lie ===

a. to compel a ?udge to consolidate trial of two cases pending #efore different#ranches of the court.

#. to compel a ?udge to reduce his decision in writing.

c. to direct a pro#ate court to appoint a particular person as regular administrator.

d. to compel a ?udge to grant or deny an application for preliminary in?unction.

NF. A ?udgment #y default can #e issued despite an Answer #eing filed in@

a. annulment of marriage.

#. legal separation.


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c. cases where a party willfully fails to appear #efore the officer who is to ta7e hisdeposition.

d. declaration of nullity of marriage.

E3. *hich of the following statements is not accurate+

a. A plea of guilty later withdrawn is admissi#le n evidence against the accusedwho made the plea.

#. An unaccepted offer of a plea of guilty to a lesser offense is inadmissi#le inevidence against the accused.

c. An offer to pay or payment of medical e$penses arising from in?ury is notevidence or proof of civilcriminal lia#ility for the In?ury.

d. In civil cases, an offer of compromise #y the accused is admissi#le as an implied

admission of guilt.

E. ;nder the Rules on &vidence, the following is a conclusive presumption and thereforecannot #e contradicted #y evidence.

a. A person intends the ordinary conse'uences of his voluntary act.

#. 0fficial duty has #een regularly performed.

c. A tenant cannot deny his landlords title during the tenancy period.

d. A writing is truly dated.

EK. Cesar, age N, a ha#itual offender, was caught in possession of .33 grams of mari?uana.:e was charged for violation of 9ec. N of R.A. FN!, The Comprehensive DangerousDrugs aw. The court which has ?urisdiction is@

a. the "TC

#. the RTC

c. 9pecial Drugs Court

d. 1amily Court.

E. A court can motu proprio dismiss a case on the following grounds, e$cept @

a. failure to prosecute

#. lac7 of ?urisdiction over the parties

c. litis pendentia

d. prescription.

E. A person entitled to the estate of a deceased person escheated in favor of the 9tate has@


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a. ! years from date of ?udgment to file a claim.

#. K years from date of ?udgment to file a claim.

c. ! years from date of registration of the ?udgment to file a claim.

d. K years from date of registration of the ?udgment to file a claim.

E!. The "TC, acting as an &nvironmental Court, has original and e$clusive ?urisdiction overthe following, e$cept@

a. criminal offenses punisha#le under the Chain 9aw Act (R.A. FE!)

#. violation of the 4IPA9 aw (R.A. E!2N)

c. violation of the "ining aws

d. violation of Anti=Pollution aws

EN. A special administrator may #e appointed #y a court when@

a. the e$ecutor cannot post a #ond.

#. the e$ecutor fails to render an account.

c. regular administrator has a claim against estate he represents.

d. a "otion for Reconsideration is filed with respect to a decision disallowing

pro#ate of a will.

EE. A defendant declared in default may, after ?udgment #ut #efore finality, file a@

a. Petition for Relief from udgment

#. Petition for Certiorari

c. "otion for Reconsideration

d. "otion to 9et Aside 0rder of Default.

E2. *ith leave of court, a party may amend his pleading if@

a. there is yet no responsive pleading served.

#. the amendment is unsu#stantial.

c. the amendment involves clerical errors of defect in the designation of a party.

d. the amendment is to conform to the evidence.

EF. *hen a "otion to 5uash search warrant is denied, the #est remedy is@

a. appeal the denial order.


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#. file a motion to suppress evidence.

c. file an in?unction suit.

d. file a certiorari petition.

23. A court may ta7e ?udicial notice of@

a. the Twitter account of President A'uino.

#. a Committee Report issued #y the Congressional Committee on a#or Relations.

c. the effects of ta7ing aspirin everyday.

d. the ar#itral award issued #y International Court of Ar#itration.

2. The case of R, who is under detention, was raffled to the RTC on "arch . :is

arraignment should #e set not later than@

a. "arch

#. "arch N

c. "arch 3

d. "arch .

2K. After the D0 9ecretary granted accuseds Petition for Review, the prosecution filed a

motion to withdraw the Information #efore the trial court. The ?udge therein denied thesame. The trial prosecutor manifested #efore the ?udge that he can no longer prosecutethe case #ecause he is only an alter ego of the D0 9ecretary who ordered him towithdraw the Information. The case should therefore #e prosecuted #y@

a. a D0 state prosecutor.

#. private prosecutor, if any.

c. trial prosecutor of the pairing court.

d. the same trial prosecutor who manifested his ina#ility to prosecute the case.

2. A decision or resolution of a division of the 9upreme Court when concurred in #ymem#ers who actually too7 part in the deli#eration on the issues in a case and votedthereon, is a decision or resolution of the 9upreme Court.

a. three ()

#. five(9)

c. eight (2)

d. ten (3).


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2. A and B adopted their nephew. They filed an action for revocation of the adoption on "ay, FF2 on the ground that their nephew neglected them. Based on the Rules ofDomestic Adoption, the ?udge must@

a. advise A and B to ?ust disinherit the nephew.

#. disallow the revocation.

c. refer the petition to the D9*D.

d. grant the petition after hearing.

2!. 9andigan#ayan e$ercises concurrent ?urisdiction with the 9upreme Court and the Courtof Appeals over@

a. Petitions for *rit of Certiorari and Prohi#ition

#. Petitions for *rit of :a#eas Corpus

c. Petitions for 5uo *arranto

d. Petitions for *rit of Amparo and :a#eas Corpus.

2N. C, a convict, was a#le to get favora#le results of a post=conviction D4A testing showingthat C could not have committed the crime. To gain freedom, C may@

a. file a petition for *rit of :a#eas Corpus #efore the court of origin.

#. apply for full pardon.

c. file a "otion to annul ?udgment of conviction on the ground of fraud.

d. file a "otion for new trial under Rule K.

2E. H filed a complaint with the RTC through ABC, a private letter forwarding agency. Thedate of filing of the complaint shall #e@

a. the date stamped #y ABC on the envelope containing the complaint.

#. the date of receipt #y the Cler7 of Court.

c. the date indicated #y the receiving cler7 of ABC.

d. the date when the case is officially raffled.

22. An o#?ection to any interrogatories may #e presented withinJ days after service thereof@

a. !

#. 3

c. !


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d. K3.

2F. The deposition of a witness, whether or not a party, may #e used for any purpose if theCourt finds the following circumstances are attendant, &HC&PT@

a. when the witness is dead.

#. when the witness is incarcerated.

c. when the witness is outside the Philippines and a#sence is procured #y the partyoffering deposition.

d. when the witness is 2F years old and #ed=ridden.

F3. 0ne of the e$emptions to the general rule that evidence not formally offered shall not #econsidered is@

a. in ?udgment on the pleadings.

#. evidence in land registration proceedings.

c. evidence lostdestroyed due to force ma?eure after #eing mar7ed, identified anddescri#ed in the record.

d. documentary evidence proving a foreign ?udgment.

F. In Petition for Certiorari, the Court of Appeals issues a *rit of Preliminary In?unctionagainst the RTC restraining the latter from trying a crucial case. The Court of Appealsshould therefore@

a. decide the main case within N3 days.

#. decide the certiorari petition within N months.

c. decide the main case or the petition within N3 days.

d. decide the main case or the petition within N months from issue of the preliminaryin?unction.

FK. *itness A was e$amined on direct e$amination #y the prosecutor. The defense counsel

however employed dilatory tactics and was a#le to secure numerous postponements ofAs cross e$amination. A suffered a stro7e and #ecame incapacitated. :is uncompletedtestimony may therefore #e@

a. ordered stric7en from the record.

#. allowed to remain in the record.

c. held in a#eyance until he recovers.

d. not #e given any pro#ative weight.

F. If the 9upreme Court en #ane is e'ually divided in opinion covering an original action, thecase shall #e@


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a. re=raffled to a division.

#. original action shall #e dismissed.

c. The ?udgment appealed from shall #e official.

d. again deli#erated upon.

F. An e$ample of a special ?udgment is one which orders@

a. the defendant to deliver and reconvey personal property to the plaintiff.

#. defendant to e$ecute a Deed of 9ale in favor of plaintiff.

c. defendant to paint a mural for the plaintiff.

d. Defendant to vacate the leased premises.

F!. At the promulgation of ?udgment, P, who is #onded, failed to appear without ?ustifia#lecause. In order for P not to lose his remedies under the Rules, he must@

a. within ! days from receipt of a copy of the decision, file a "otion forReconsideration.

#. within ! days from the promulgation, surrender to the court and file a motion forleave to avail of remedies.

c. notify his #ondsman within ! days so that his #ail will not #e confiscated.

d. file a petition for certiorari.

FN. H, the designated e$ecutor of a will, files a petition for pro#ate of the same. H and hiscounsel failed to appear without ?ustifia#le cause at the hearing on the presentation ofevidence and the court therefore dismissed, motu proprio, his petition for failure toprosecute. The effect of the dismissal is@

a. not an ad?udication upon the merits.

#. the will can no longer #e pro#ated.

c. it is a dismissal with pre?udice.

d. a #ar to a su#se'uent action on the same cause.

FE. The Rule on 9mall Claims is applica#le to@

a. claims for unpaid rentals of P 33,333 or less, with prayer for e?ectment.

#. enforcement of a #arangay amica#le settlement involving a money claimof P !3,333 after one () year from date of settlement.

c. action for damages arising from a 'uasi=delict amounting to P 33,333.


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d. action to collect on a promissory note amounting to P 3!,333 where plaintiffe$pressly insists in recovering only P 33,333.

F2. *hen directed #y the ?udge, a cler7 of court can receive evidence addressed #y theparties in@

a. case where the ?udge is on leave.

#. small claims proceedings.

c. cases where the parties agree in writing.

d. land registration proceedings.

FF. A certificate against 1orum=9hopping is not re'uired in@

a. petitions for pro#ate of will.

#. application for search warrant.

c. complaint=in=intervention.

d. petition for *rit of Mali7asan.

33. An accuseds custodial rights, e.g., right to counsel and right to remain silent, isavaila#le@

a. at preliminary investigation.

#. at police line=up for identification purposes.

c. at ultra=violet e$amination to determine presence of ultra violet powder onaccuseds hands.

d. at one=on=one confrontation with eyewitness.

- NOTHING FOLLOWS -

HAND IN YOUR ANSWER SHEET.

THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.

2012 BAR EXAMINATIONSREMEDIAL LAW

K2 0cto#er K3K 3 A.". =K 44.

Set B

ESSAYTYPE QUESTIONSINSTRUCTIONS


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The following 'uestionnaire consists of ten (3) 'uestions (num#ered I to H) contained in 1I


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a. Distinguish error of ?urisdiction from error of ?udgment. (!-)

#. A, a resident of 5ue6on City, wants to file an action against B, a resident of Pasay, tocompel the latter to e$ecute a Deed of 9ale covering a lot situated in "ari7ina and thattransfer of title #e issued to him claiming ownership of the land. *here should A file thecase+ &$plain. (!-)

I

a. A #ought a


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It appearing to the satisfaction of the undersigned after e$amining under oath PD&ADirector sha#unot that there is pro#a#le cause to #elieve that violations of 9ection 2 andN of R.A. FN! have #een committed and that there are good and sufficient reasons to#elieve that :o Pia and 9io Pao have in their possession or control, in a two (K) doorapartment with an iron gate located at upiter 9t., 9ta. Cru6, aguna, undeterminedamount of Gsha#uG and drug manufacturing implements and paraphernalia which should

#e sei6ed and #rought to the undersigned,

/ou are here#y commanded to ma7e an immediate search, at any time in the day ornight, of the premises a#ove descri#ed and forthwith sei6e and ta7e possession of thea#ovementioned personal property, and #ring said property to the undersigned to #edealt with as the law directs.

*itness my hand this st day of "arch, K3K.

(signed)udge H/O

d. Citeenumerate the defects, if any, of the search warrant. (-)

e. 9uppose the search warrant was served on "arch !, K3K and the search yielded thedescri#ed contra#and and a case was filed against the accused in RTC, 9ta. Cru6,aguna and you are the lawyer of 9io Pao and :o Pia, what will you do+ (-)

f. 9uppose an unlicensed armalite was found in plain view #y the searchers and thewarrant was ordered 'uashed, should the court order the return of the same to theChinese nationals+

&$plain your answer. (-)

II

a. Counsel A o#?ected to a 'uestion posed #y opposing Counsel B on the grounds that itwas hearsay and it assumed a fact not yet esta#lished. The ?udge #anged his gavel andruled #y saying G0#?ection 9ustainedG. Can Counsel 2 as7 for a reconsideration of theruling+ *hy+ (!-)

#. Plaintiff files a re'uest for admission and serves the same on Defendant who fails, withinthe time prescri#ed #y the rules, to answer the re'uest. 9uppose the re'uest foradmission as7ed for the admission of the entire material allegations stated in thecomplaint, what should plaintiff do+ (!-)

III

a. A sues B for collection of a sum of money. Alleging fraud in the contracting of the loan, Aapplies for preliminary attachment with the court. The Court issues the preliminaryattachment after A files a #ond. *hile summons on B was yet unserved, the sheriffattached Bs properties. Afterwards, summons was duly served on B. 2 moves to lift theattachment. Rule on this. (!-)

#. Discuss the three () 9tages of Court Diversion in connection with Alternative DisputeResolution. (!-)

IX


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a. H, an undersecretary of D&4R, was charged #efore the 9andigan#ayan for malversationof pu#lic funds allegedly committed when he was still the "ayor of a town in Ri6al. Afterarraignment, the prosecution moved that H #e preventively suspended. H opposed themotion arguing that he was now occupying a position different from that which theInformation charged him and therefore, there is no more possi#ility that he can intimidatewitnesses and hamper the prosecution. Decide. 9uppose H files a "otion to 5uash

challenging the validity of the Information and the 9andigan#ayan denies the same, willthere still #e a need to conduct a pre=suspension hearing+ &$plain. (!-)

#. Briefly discussdifferentiate the following 7inds of Attachment@preliminary attachment, garnishment, levy on e$ecution, warrant of sei6ure and warrantof distraint and levy. (!-)

X

a. *here and how will you appeal the following@

() An order of e$ecution issued #y the RTC. (-)

(K) udgment of RTC denying a petition for *rit of Amparo. (-)

() udgment of "TC on a land registration case #ased on its delegated ?urisdiction. (-)

() A decision of the Court of Ta$ Appeals 1irst Division. (-)

#. A files a Complaint against 2 for recovery of title and possession of land situated in"a7ati with the RTC of Pasig. B files a "otion to Dismiss for improper venue. The RTCPasig udge denies Bs "otion to Dismiss, which o#viously was incorrect. Alleging thatthe RTC udge Gunlawfully neglected the performance of an act which the law specifically

en?oins as a duty resulting from an officeG, 2 files a Petition for "andamus against the?udge. *ill "andamus lie+ Reasons. (-)

c. *hat are the ?urisdictional facts that must #e alleged in a petition for pro#ate of a will+:ow do you #ring #efore the court these ?urisdictional facts+ (-)

- NOTHING FOLLOWS -

2011

() Anna filed a petition for appointment as regular administratri$ of her fathers estate. :er sister9ophia moved to dismiss the petition on the ground that the parties, as mem#ers of the samefamily, have not e$erted earnest effort toward a compromise prior to the filing of the petition.9hould the petition #e dismissed+

(A) /es, since such earnest effort is ?urisdictional in all estate cases.

(B) 4o, since such earnest effort is not re'uired in special proceedings.

(C) /es, since such earnest effort is re'uired prior to the filing of the case.

(D) 4o, since such earnest effort toward a compromise is not re'uired in summaryproceedings.


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(K) A pending criminal case, dismissed provisionally, shall #e deemed permanently dismissed ifnot revived after K years with respect to offenses punisha#le #y imprisonment

(A) of more than K years.

(B) not e$ceeding N years or a fine not e$ceeding P,333.33.

(C) of more than N years or a fine in e$cess of P,333.33.

(D) of more than N years.

() Angie was convicted of false testimony and served sentence. 1ive years later, she wasconvicted of homicide. 0n appeal, she applied for #ail. "ay the Court of Appeals deny herapplication for #ail on ground of ha#itual delin'uency+

(A) /es, the felonies are #oth punisha#le under the Revised Penal Code.

(B) /es, her twin convictions indicated her criminal inclinations.

(C) 4o, the felonies fall under different titles in the Revised Penal Code.

(D) 4o, the charges are #oth #aila#le.

() *hich of the following is 40T C049I9T&4T with the rules governing e$propriationproceedings+

(A) The court shall declare the defendant who fails to answer the complaint in default andrender ?udgment against him.

(B) The court shall refer the case to the Board of Commissioners to determine theamount of ?ust compensation.

(C) The plaintiff shall ma7e the re'uired deposit and forthwith ta7e immediate possessionof the property sought to #e e$propriated.

(D) The plaintiff may appropriate the property for pu#lic use after ?udgment and paymentof the compensation fi$ed in it, despite defendant%s appeal.

(!) *hich of the following is a correct statement of the rule on amendment of the information in acriminal proceeding+

(A) An amendment that downgrades the offense re'uires leave of court even #efore theaccused pleads.

(B) 9u#stantial amendments are allowed with leave of court #efore the accused pleads.

(C) 0nly formal amendments are permissi#le #efore the accused pleads.

(D) After the plea, a formal amendment may #e made without leave of court.

(N) 8ary who lived in Taguig #orrowed P million from Rey who lived in "a7ati under a contractof loan that fi$ed "a7ati as the venue of any action arising from the contract. 8ary had already

paid the loan #ut Rey 7ept on sending him letters of demand for some #alance. *here is thevenue of the action for harassment that 8ary wants to file against Rey+


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(A) In "a7ati since the intent of the party is to ma7e it the venue of any action #etweenthem whether #ased on the contract or not.

(B) In Taguig or "a7ati at the option of 8ary since it is a personal in?ury action.

(C) In Taguig since Rey received the letters of demand there.

(D) In "a7ati since it is the venue fi$ed in their contract.

(E) *hich of the following is 40T within the power of a ?udicial receiver to perform+

(A) Bring an action in his name.

(B) Compromise a claim.

(C) Divide the residual money in his hands among the persons legally entitled to thesame.

(D) Invest the funds in his hands without court approval.

(2) *hich of the following precepts forms part of the rules governing small claims+

(A) Permissive counterclaim is not allowed.

(B) The court shall render its decision within days after hearing.

(C) oinder of separate claims is not allowed.

(D) "otion to declare defendant in default is allowed.

(F) The "etropolitan Trial Court convicted


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(A) The court may appoint the plaintiff as receiver of the property in litigation over thedefendant%s o#?ection.

(B) A receiver may #e appointed after ?udgment if the ?udgment o#ligor refuses to applyhis property to satisfy the ?udgment.

(C) The trial court cannot appoint a receiver when the case is on appeal.

(D) The filing of #ond on appointment of a receiver is mainly optional.

(K) Bearing in mind the distinction #etween private and pu#lic document, which of the followingis admissi#le in evidence without further proof of due e$ecution or genuineness+

(A) Baptismal certificates.

(B) 0fficial record of the Philippine &m#assy in 9ingapore certified #y the


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(N) *hen may a co=owner 40T demand the partition of the thing owned in common+

(A) *hen the creditor of one of the co=owners has attached the property.

(B) *hen the property is essentially indivisi#le.

(C) *hen related co=owners agreed to 7eep the property within the family.

(D) *hen a co=owner uses the property as his residence.

(E) The city prosecutor of "anila filed, upon 9oledad%s complaint, a criminal action for estafaagainst her sister, *ella, #efore the RTC of "anila for selling to


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(D) /es, since, in failing to answer, Rico may #e deemed to have admitted the allegationsin the complaint.

(K3) *hich of the following has 40 PAC& in an application for a replevin order+ A statement

(A) that the property is wrongfully detained #y the adverse party.

(B) that the property has not #een distrained for a ta$ assessment or placed undercustodia legis.

(C) of the assessed value of the property.

(D) that the applicant owns or has a right to the possession of the property.

(K) 332=FFE=333 In which of the following instances is the 'uantum of evidence&RR04&0;9/ applied+

(A) in *rit of Amparo cases, su#stantial evidence.

(B) to satisfy the #urden of proof in civil cases, preponderance of evidence.

(C) to overcome a disputa#le presumption, clear and convincing evidence.

(D) to re#ut the presumptive validity of a notarial document, su#stantial evidence.

(KK) The accused ?umps #ail and fails to appear on promulgation of ?udgment where he is foundguilty. *hat is the conse'uence of his a#sence+

(A) Counsel may appeal the ?udgment in the a#sence of the accused.

(B) The ?udgment shall #e promulgated in his a#sence and he loses his right of appeal.

(C) The promulgation of the ?udgment shall #e suspended until he is #rought to the?urisdiction of the court.

(D) The ?udgment shall #e void.

(K) *hat should the court sheriff do if a third party serves on him an affidavit of claim coveringthe property he had levied+

(A) As7 the ?udgment o#ligee to file a court=approved indemnity #ond in favor of the third=party claimant or the sheriff will release the levied property.

(B) As7 the ?udgment o#ligee to file a court=approved #ond for the sheriff%s protection incase he proceeds with the e$ecution.

(C) Immediately lift the levy and release the levied property.

(D) As7 the third=party claimant to support his claim with an indemnity #ond in favor of the?udgment o#ligee and release the levied property if such #ond is filed.

(K) *hich of the following is 40T R&8ARD&D as a sufficient proof of personal service ofpleadings+


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(A) 0fficial return of the server.

(B) Registered mail receipt.

(C) *ritten admission of the party served.

(D) Affidavit of the server with a statement of the date, place and manner of service.

(K!) A sued B for e?ectment. Pending trial, B died, survived #y his son, C. 4o su#stitution of partydefendant was made. ;pon finality of the ?udgment against B, may the same #e enforced againstC+

(A) /es, #ecause the case survived B%s death and the effect of final ?udgment in ane?ectment case #inds his successors in=interest.

(B) 4o, #ecause C was denied due process.

(C) /es, #ecause the negligence of B%s counsel in failing to as7 for su#stitution, shouldnot pre?udice A.

(D) 4o, #ecause the action did not survive B%s death.

(KN) *hat is the proper remedy to secure relief from the final resolutions of the Commission 0nAudit+

(A) Petition for review on certiorari with the 9upreme Court.

(B) 9pecial civil action of certiorari with the Court of Appeals.

(C) 9pecial civil action of certiorari with the 9upreme Court.

(D) Appeal to the Court of Appeals.

(KE) *hich of the following is a duty en?oined on the guardian and covered #y his #ond+

(A) Provide for the proper care, custody, and education of the ward.

(B) &nsure the wise and profita#le investment of the ward%s financial resources.

(C) Collect compensation for his services to the ward.

(D) Raise the ward to #ecome a responsi#le mem#er of society.

(K2) Berto was charged with and convicted of violating a city ordinance against littering in pu#licplaces punisha#le #y imprisonment of one month or a fine of P,333.33. But the city mayorpardoned him. A year later, he was charged with violating a city ordinance against ?aywal7ingwhich carried the same penalty. 4eed Berto post #ail for such offense+

(A) /es, his previous conviction re'uires posting of #ail for the present charge.

(B) /es, since he may #e deemed to have violated the terms of his pardon.

(C) 4o, #ecause he is presumed innocent until proven otherwise.


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(D) 4o, one charged with the violation of a city ordinance is not re'uired to post #ail,notwithstanding a previous pardon.

(KF) *hich of the following claims survive the death of the defendant and need not #e presentedas a claim against the estate+

(A) Contingent money claims arising from contract.

(B) ;nenforced money ?udgment against the decedent, with death occurring #efore levyon e$ecution of the property.

(C) Claims for damages arising from 'uasi=delict.

(D) Claims for funeral e$penses.

(3) In a case, the prosecutor as7ed the medical e$pert the 'uestion, GAssuming that theassailant was #ehind the deceased #efore he attac7ed him, would you say that treachery

attended the 7illing+G Is this hypothetical 'uestion permissi#le+

(A) 4o, since it as7s for his legal opinion.

(B) /es, #ut conditionally, su#?ect to su#se'uent proof that the assailant was indeed#ehind the deceased at that time.

(C) /es, since hypothetical 'uestions may #e as7ed of an e$pert witness.

(D) 4o, since the medical e$pert has no personal 7nowledge of the fact.

() The city prosecutor charged Ben with serious physical in?uries for sta##ing Terence. :e wastried and convicted as charged. A few days later, Terence died due to severe infection of his sta#wounds. Can the prosecution file another information against Ben for homicide+

(A) /es, since Terence%s death shows irregularity in the filing of the earlier charge againsthim.

(B) 4o, dou#le ?eopardy is present since Ben had already #een convicted of the firstoffense.

(C) 4o, there is dou#le ?eopardy since serious physical in?uries is necessarily included inthe charge of homicide.

(D) /es, since supervening event altered the 7ind of crime the accused committed.

(K) Arvin was caught in flagrante delicto selling drugs for PK33,333.33. The police officersconfiscated the drugs and the money and #rought them to the police station where they preparedthe inventory duly signed #y police officer 0scar "oreno. They were, however, una#le to ta7epictures of the items. *ill this deficiency destroy the chain of custody rule in the drug case+

(A) 4o, a #reach of the chain of custody rule in drug cases, if satisfactorily e$plained, willnot negate conviction.

(B) 4o, a #reach of the chain of custody rule may #e offset #y presentation in court of the

drugs.


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(C) /es, chain of custody in drug cases must #e strictly o#served at all times to preservethe integrity of the confiscated items.

(D) /es, compliance with the chain of custody rule in drug cases is the only way to provethe accused%s guilt #eyond reasona#le dou#t.

() A sued B in the RTC of 5ue6on City, ?oining two causes of action@ for partition of realproperty and #reach of contract with damages. Both parties reside in 5ue6on City #ut the realproperty is in "anila. "ay the case #e dismissed for improper venue+

(A) /es, since causes of action pertaining to different venues may not #e ?oined in oneaction.

(B) 4o, since causes of action pertaining to different venues may #e ?oined in the RTC ifone of the causes of action falls within its ?urisdiction.

(C) /es, #ecause special civil action may not #e ?oined with an ordinary civil action.

(D) 4o, since plaintiff may un'ualifiedly ?oin in one complaint as many causes of actionas he has against opposing party.

() *hat is the doctrine of ?udicial sta#ility or non interference+

(A) 0nce ?urisdiction has attached to a court, it can not #e deprived of it #y su#se'uenthappenings or events.

(B) Courts will not hear and decide cases involving issues that come within the?urisdiction of administrative tri#unals.

(C) 4o court has the authority to interfere #y in?unction with the ?udgment of another courtof coordinate ?urisdiction.

(D) A higher court will not entertain direct resort to it unless the redress sought cannot #eo#tained from the appropriate court.

(!) *hich of the following admissions made #y a party in the course of ?udicial proceedings is a?udicial admission+

(A) Admissions made in a pleading signed #y the party and his counsel intended to #efiled.

(B) An admission made in a pleading in another case #etween the same parties.

(C) Admission made #y counsel in open court.

(D) Admissions made in a complaint superseded #y an amended complaint.

(N) *hat defenses may #e raised in a suit to enforce a foreign ?udgment+

(A) That the ?udgment is contrary to Philippine procedural rules.

(B) 4one, the ?udgment #eing entitled to full faith and credit as a matter of general comity

among nations.


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(C) That the foreign court erred in the appreciation of the evidence.

(D) That e$trinsic fraud afflicted the ?udgment.

(E) Cindy charged her hus#and, 8eorge, with #igamy for a prior su#sisting marriage withTeresa. Cindy presented Ric and Pat, neigh#ors of 8eorge and Teresa in Ce#u City, to prove,first, that 8eorge and Teresa coha#ited there and, second, that they esta#lished a reputation ashus#and and wife. Can Cindy prove the #igamy #y such evidence+

(A) /es, the circumstantial evidence is enough to support a conviction for #igamy.

(B) 4o, at least one direct evidence and two circumstantial evidence are re'uired tosupport a conviction for #igamy.

(C) 4o, the circumstantial evidence is not enough to support a conviction for #igamy.

(D) 4o, the circumstantial evidence cannot overcome the lac7 of direct evidence in any

criminal case.

(2) To prove payment of a de#t, Bong testified that he heard Am#o say, as the latter washanding over money to Tessie, that it was in payment of de#t. Is Bong%s testimony admissi#le inevidence+

(A) /es, since what Am#o said and did is an independently relevant statement.

(B) 4o, since what Am#o said and did was not in response to a startling occurrence.

(C) 4o, since Bong%s testimony of what Am#o said and did is hearsay.

(D) /es, since Am#o%s statement and action, su#?ect of Bong%s testimony, constitutes aver#al act.

(F) Considering the 'ualifications re'uired of a would=#e witness, who among the following isI4C0"P&T&4T to testify+

(A) A person under the influence of drugs when the event he is as7ed to testify on too7place.

(B) A person convicted of per?ury who will testify as an attesting witness to a will.

(C) A deaf and dum#.

(D) A mental retardate.

(3) Arthur, a resident foreigner sold his car to Bren. After #eing paid #ut #efore delivering thecar, Arthur replaced its original sound system with an inferior one. Bren discovered the change,re?ected the car, and demanded the return of his money. Arthur did not comply. "eantime, hiscompany reassigned Arthur to 9ingapore. Bren filed a civil action against Arthur for contractualfraud and damages. ;pon his application, the court issued a writ of preliminary attachment onthe grounds that (a) Arthur is a foreigner (#) he departed from the Philippines and (c) he wasguilty of fraud in contracting with Bren. Is the writ of preliminary attachment proper+

(A) 4o, Arthur is a foreigner living a#road he is outside the court%s ?urisdiction.


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(B) /es, Arthur committed fraud in changing the sound system and its components #eforedelivering the car #ought from him.

(C) /es the timing of his departure is presumptive evidence of intent to defraud.

(D) 4o, since it was not shown that Arthur left the country with intent to defraud Bren.

() *hat is the movant%s remedy if the trial court incorrectly denies his motion to dismiss andrelated motion for reconsideration+

(A) Answer the complaint.

(B) 1ile an administrative action for gross ignorance of the law against the trial ?udge.

(C) 1ile a special civil action of certiorari on ground of grave a#use of discretion.

(D) Appeal the orders of denial.

(K) During trial, plaintiff offered evidence that appeared irrelevant at that time #ut he said he waseventually going to relate to the issue in the case #y some future evidence. The defendanto#?ected. 9hould the trial court re?ect the evidence in 'uestion on ground of irrelevance+

(A) 4o, it should reserve its ruling until the relevance is shown.

(B) /es, since the plaintiff could anyway su#se'uently present the evidence anew.

(C) /es, since irrelevant evidence is not admissi#le.

(D) 4o, it should admit it conditionally until its relevance is shown.

() Ben testified that aime, charged with ro##ery, has committed #ag=snatching three times onthe same street in the last si$ months. Can the court admit this testimony as evidence againstaime+

(A) 4o, since there is no showing that Ben witnessed the past three ro##eries.

(B) /es, as evidence of his past propensity for committing ro##ery.

(C) /es, as evidence of a pattern of criminal #ehavior proving his guilt of the presentoffense.

(D) 4o, since evidence of guilt of a past crime is not evidence of guilt of a present crime.

() *hat is the right correlation #etween a criminal action and a petition for *rit of Amparo #otharising from the same set of facts+

(A) *hen the criminal action is filed after the Amparo petition, the latter shall #edismissed.

(B) The proceeding in an Amparo petition is criminal in nature.

(C) 4o separate criminal action may #e instituted after an Amparo petition is filed.


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(D) *hen the criminal action is filed after the Amparo petition, the latter shall #econsolidated with the first.

(!) Ale$ filed a petition for writ of amparo against "el#a relative to his daughter Tonisinvoluntary disappearance. Ale$ said that "el#a was Tonis employer, who, days #efore Tonidisappeared, threatened to get rid of her at all costs. 0n the other hand, "el#a countered thatshe had nothing to do with Tonis disappearance and that she too7 steps to ascertain Toniswherea#outs. *hat is the 'uantum of evidence re'uired to esta#lish the parties respectiveclaims+

(A) 1or Ale$, pro#a#le cause for "el#a, su#stantial evidence.

(B) 1or Ale$, preponderance of evidence for "el#a, su#stantial evidence.

(C) 1or Ale$, proof #eyond reasona#le dou#t for "el#a, ordinary diligence.

(D) 1or #oth, su#stantial evidence.

(N) In which of the following situations is the declaration of a deceased person against hisinterest 40T AD"I99IB& against him or his successors and against third persons+

(A) Declaration of a ?oint de#tor while the de#t su#sisted.

(B) Declaration of a ?oint owner in the course of ownership.

(C) Declaration of a former co=partner after the partnership has #een dissolved.

(D) Declaration of an agent within the scope of his authority.

(E) Defendant Dante said in his answer@ G. Plaintiff Perla claims that defendant Dante owes herP,333 on the mo#ile phone that she sold him K. But Perla owes Dante PN,333 for the dent onhis car that she #orrowed.G :ow should the court treat the second statement+

(A) A cross claim

(B) A compulsory counterclaim

(C) A third party complaint

(D) A permissive counterclaim

(2) :ow will the court sheriff enforce the demolition of improvements+

(A) :e will give a !=day notice to the ?udgment o#ligor and, if the latter does not comply,the sheriff will have the improvements forci#ly demolished.

(B) :e will report to the court the ?udgment o#ligor%s refusal to comply and have the lattercited in contempt of court.

(C) :e will demolish the improvements on special order of the court, o#tained at the?udgment o#ligee%s motion.

(D) :e will inform the court of the ?udgment o#ligor%s noncompliance and proceed todemolish the improvements.


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(F) *hen may the #ail of the accused #e cancelled at the instance of the #ondsman+

(A) *hen the accused ?umps #ail.

(B) *hen the #ondsman surrenders the accused to the court.

(C) *hen the accused fails to pay his annual premium on the #ail #ond.

(D) *hen the accused changes his address without notice to the #ondsman.

(!3) *hich of the following "I99TAT&9 a re'uisite for the issuance of a search warrant+

(A) The warrant specifically descri#es the place to #e searched and the things to #esei6ed.

(B) Presence of pro#a#le cause.

(C) The warrant issues in connection with one specific offense.

(D) udge determines pro#a#le cause upon the affidavits of the complainant and hiswitnesses.

(!) Ranger "otors filed a replevin suit against Bart to recover possession of a car that hemortgaged to it. Bart disputed the claim. "eantime, the court allowed, with no opposition from theparties, "idway Repair 9hop to intervene with its claim against Bart for unpaid repair #ills. 0nsu#se'uent motion of Ranger "otors and Bart, the court dismissed the complaint as well as"idway Repair 9hop%s intervention. Did the court act correctly+

(A) 4o, since the dismissal of the intervention #ars the right of Bart to file a separateaction.

(B) /es, intervention is merely collateral to the principal action and not an independentproceeding.

(C) /es, the right of the intervenor is merely in aid of the right of the original party, whichin this case had ceased to e$ist.

(D) 4o, since having #een allowed to intervene, the intervenor #ecame a party to theaction, entitled to have the issue it raised tried and decided.

(!K) The accused was convicted for estafa thru falsification of pu#lic document filed #y one oftwo offended parties. Can the other offended party charge him again with the same crime+

(A) /es, since the wrong done the second offended party is a separate crime.

(B) 4o, since the offense refers to the same series of act, prompted #y one criminalintent.

(C) /es, since the second offended party is entitled to the vindication of the wrong donehim as well.

(D) 4o, since the second offended party is in estoppel, not having ?oined the first criminal

action.


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(!) :enry testified that a month after the ro##ery Asiong, one of the accused, told him thatCarlos was one of those who committed the crime with him. Is :enry%s testimony regarding whatAsiong told him admissi#le in evidence against Carlos+

(A) 4o, since it is hearsay.

(B) 4o, since Asiong did not ma7e the statement during the conspiracy.

(C) /es, since it constitutes admission against a co=conspirator.

(D) /es, since it part of the res gestae.

(!) Dorothy filed a petition for writ of ha#eas corpus against her hus#and, Roy, to get from himcustody of their ! year old son, eff. The court granted the petition and re'uired Roy to turn overeff to his mother. Roy sought reconsideration #ut the court denied it. :e filed a notice of appealfive days from receipt of the order denying his motion for reconsideration. Did he file a timelynotice of appeal+

(A) 4o, since he filed it more than K days after receipt of the decision granting thepetition.

(B) 4o, since he filed it more than K days after receipt of the order denying his motion forreconsideration.

(C) /es, since he filed it within ! days from receipt of the denial of his motion forreconsideration.

(D) /es, since he filed it within E days from receipt of the denial of his motion forreconsideration.

(!!) Angel Mu#eta filed a petition to change his first name GAngel.G After the re'uired pu#lication#ut #efore any opposition could #e received, he filed a notice of dismissal. The court confirmedthe dismissal without pre?udice. 1ive days later, he filed another petition, this time to change hissurname GMu#eta.G Again, Angel filed a notice of dismissal after the pu#lication. This time,however, the court issued an order, confirming the dismissal of the case with pre?udice. Is thedismissal with pre?udice correct+

(A) /es, since such dismissal with pre?udice is mandatory.

(B) 4o, since the rule on dismissal of action upon the plaintiff%s notice does not apply tospecial proceedings.

(C) 4o, since change of name does not involve pu#lic interest and the rules should #eli#erally construed.

(D) /es, since the rule on dismissal of action upon the plaintiff%s notice applies and thetwo cases involve a change in name.

(!N) A complaint without the re'uired GverificationG

(A) shall #e treated as unsigned.

(B) lac7s a ?urisdictional re'uirement.


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(C) is a sham pleading.

(D) is considered not filed and should #e e$punged.

(!E) The decisions of the Commission on &lections or the Commission on Audit may #echallenged #y

(A) petition for review on certiorari filed with the 9upreme Court under Rule !.

(B) petition for review on certiorari filed with the Court of Appeals under Rule K.

(C) appeal to the 9upreme Court under Rule !.

(D) special civil action of certiorari under Rule N! filed with the 9upreme Court.

(!2) *hich of the following states a correct guideline in hearing applications for #ail in capitaloffenses+

(A) The hearing for #ail in capital offenses is summary the court does not sit to try themerits of the case.

(B) The prosecution%s conformity to the accused%s motion for #ail is proof that its evidenceof his guilt is not strong.

(C) The accused, as applicant for #ail, carries the #urden of showing that theprosecution%s evidence of his guilt is not strong.

(D) The prosecution must have full opportunity to prove the guilt of the accused.

(!F) Apart from the case for the settlement of her parents estate, Betty filed an action against hersister, 9igma, for reconveyance of title to a piece of land. Betty claimed that 9igma forged thesignatures of their late parents to ma7e it appear that they sold the land to her when they did not,thus pre?udicing Betty%s legitime. 9igma moved to dismiss the action on the ground that thedispute should #e resolved in the estate proceedings. Is 9igma correct+

(A) /es, 'uestions of collation should #e resolved in the estate proceedings, not in aseparate civil case.

(B) 4o, since 'uestions of ownership of property cannot #e resolved in the estateproceedings.

(C) /es, in the sense that Betty needs to wait until the estate case has #een terminated.

(D) 4o, the filing of the separate action is proper #ut the estate proceeding must #esuspended meantime.

(N3) *hat is the conse'uence of the un?ustified a#sence of the defendant at the pre=trial+

(A) The trial court shall declare him as in default.

(B) The trial court shall immediately render ?udgment against him.

(C) The trial court shall allow the plaintiff to present evidence e$=parte.


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(D) The trial court shall e$punge his answer from the record.

(N) *hat is the remedy of the accused if the trial court erroneously denies his motion forpreliminary investigation of the charge against him+

(A) *ait for ?udgment and, on appeal from it, assign such denial as error.

(B) 4one since such order is final and e$ecutory.

(C) As7 for reconsideration if denied, file petition for certiorari and prohi#ition.

(D) Appeal the order denying the motion for preliminary investigation.

(NK) *hich of the following renders a complaint for unlawful detainer deficient+

(A) The defendant claims that he owns the su#?ect property.

(B) The plaintiff has tolerated defendant%s possession for K years #efore demanding thathe vacate it.

(C) The plaintiff%s demand is for the lessee to pay #ac7 rentals or vacate.

(D) The lessor institutes the action against a lessee who has not paid the stipulated rents.

(N) In a ?udicial foreclosure proceeding, under which of the following instances is the court 40TA0*&D to render deficiency ?udgment for the plaintiff+

(A) If the mortgagee is a #an7ing institution.

(B) if upon the mortgagor%s death during the proceeding, the mortgagee su#mits his claimin the estate proceeding.

(C) If the mortgagor is a third party who is not solidarily lia#le with the de#tor.

(D) If the mortgagor is a non=resident person and cannot #e found in the Philippines.

(N) In which of the following cases is the plaintiff the real party in interest+

(A) A creditor of one of the co=owners of a parcel of land, suing for partition

(B) An agent acting in his own name suing for the #enefit of a disclosed principal

(C) Assignee of the lessor in an action for unlawful detainer

(D) An administrator suing for damages arising from the death of the decedent

(N!) The defendant in an action for sum of money filed a motion to dismiss the complaint on theground of improper venue. After hearing, the court denied the motion. In his answer, thedefendant claimed prescription of action as affirmative defense, citing the date alleged in thecomplaint when the cause of action accrued. "ay the court, after hearing, dismiss the action onground of prescription+

(A) /es, #ecause prescription is an e$ception to the rule on 0mni#us "otion.


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(B) 4o, #ecause affirmative defenses are #arred #y the earlier motion to dismiss.

(C) /es, #ecause the defense of prescription of action can #e raised at anytime #eforethe finality of ?udgment.

(D) 4o, #ecause of the rule on 0mni#us "otion.

(NN) *hat is the effect of the failure of the accused to file a motion to 'uash an information thatcharges two offenses+

(A) :e may #e convicted only of the more serious offense.

(B) :e may in general #e convicted of #oth offenses.

(C) The trial shall #e void.

(D) :e may #e convicted only of the lesser offense.

(NE) *hich of the following is a correct application of the rules involved in consolidation of cases+

(A) Consolidation of cases pending in different divisions of an appellate court is notallowed.

(B) The court in which several cases are pending involving common 'uestions of law andfacts may hear initially the principal case and suspend the hearing in the other cases.

(C) Consolidation of cases pending in different #ranches or different courts is notpermissi#le.

(D) The consolidation of cases is done only for trial purposes and not for appeal.

(N2) 9ummons was served on G"C" Theater,G a #usiness entity with no ?uridical personality,through its office manager at its place of #usiness. Did the court ac'uire ?urisdiction over "C"Theater%s owners+

(A) /es, an unregistered entity li7e "C" Theater may #e served with summons throughits office manager.

(B) 4o, #ecause "C" has no ?uridical personality and cannot #e sued.

(C) 4o, since the real parties in interest, the owners of "C" Theater, have not #eenserved with summons.

(D) /es since "C", as #usiness entity, is a de facto partnership with ?uridical personality.

(NF) 1raud as a ground for new trial must #e e$trinsic as distinguished from intrinsic. *hich of thefollowing constitutes e$trinsic fraud+

(A) Collusive suppression #y plaintiff%s counsel of a material evidence vital to his cause ofaction.

(B) ;se of per?ured testimony at the trial.

(C) The defendant%s fraudulent representation that caused damage to the plaintiff.


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(D) ;se of falsified documents during the trial.

(E3) ;pon review, the 9ecretary of ustice ordered the pu#lic prosecutor to file a motion towithdraw the information for estafa against 9agun for lac7 of pro#a#le cause. The pu#licprosecutor complied. Is the trial court #ound to grant the withdrawal+

(A) /es, since the prosecution of an action is a prerogative of the pu#lic prosecutor.

(B) 4o, since the complainant has already ac'uired a vested right in the information.

(C) 4o, since the court has the power after the case is filed to itself determine pro#a#lecause.

(D) /es, since the decision of the 9ecretary of ustice in criminal matters is #inding oncourts.

(E) ;ne$plained or un?ustified non=?oinder in the Complaint of a necessary party despite court

order results in

(A) the dismissal of the Complaint.

(B) suspension of proceedings.

(C) contempt of court.

(D) waiver of plaintiff%s right against the unpleaded necessary party.

(EK) *hich of the following CA440T #e disputa#ly presumed under the rules of evidence+

(A) That the thing once proved to e$ist continues as long as is usual with things of thatnature.

(B) That the law has #een o#eyed.

(C) That a writing is truly dated.

(D) That a young person, a#sent for ! years, it #eing un7nown whether he still lives, isconsidered dead for purposes of succession.

(E) 332=N=333 *hich of the following is 40T R&5;IR&am

2008-2013 philippine bar questions remedial

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