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IN REMEDIAL LAW BAR EXAMINATIONS 2005
25 September 2005 8 A.M. — 12 Noon
This questionnaire consists of eighteen (18) numbers contained in ten (10) pages. Read each
question very carefully. Answer legibly, clearly and concisely. Start each number on a separate
page; an answer to a sub-question under the same number may be written continuously on the
same and immediately succeeding pages until completed. Do not repeat the question.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!!
(Sgd.) Romeo J. Callejo, Sr.
2005 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET WARNING: NOT FOR SALE OR
UNAUTHORIZED USE chanroblesvirtualawlibrary
-Ia) Under Article 1144 of the New Civil Code, an action upon a judgment must be brought within
10 years from the time the right of action accrues. Is this provision applicable to an action filed in
b) May the aggrieved party file a petition for certiorari in the Supreme Court under Rule 65 of the
1997 Rules of Civil Procedure instead of filing a petition for review on certiorari under Rule 45
thereof for the nullification of a decision of the Court of Appeals in the exercise either of its
c) May a private document be offered and admitted in evidence both as documentary evidence and
a evidence? derivative suit from Explain.
a class suit. e) When may the trial court order that the testimony of a child be taken by live-link television?
- II (1.) While Marietta was in her place of work in Makati City, her estranged husband Carlo barged
into her house in Parañaque City, abducted their six-year old son, Percival, and brought the
child to his hometown in Baguio City. Despite Marietta’s pleas, Carlo refused to return their
child. Marietta, through counsel, filed a petition for habeas corpus against Carlo in the Court of
Appeals in Manila to compel him to produce their son before the court and for her to regain
custody. She alleged in the petition that despite her efforts, she could no longer locate her son.
In his comment, Carlo alleged that the petition was erroneously filed in the Court of Appeals as
the same should have been filed in the Family Court in Baguio City which, under Republic Act
No. 8369, has exclusive jurisdiction over the petition. Marietta replied that under Rule 102 of the
Rules of Court, as amended, the petition may be filed in the Court of Appeals and if granted, the
writ of habeas corpus shall be enforceable anywhere in the Philippines.
Whose contention is correct? Explain. (5%) (2.) Under Republic Act No. 8353, one may be charged with and found guilty of qualified rape if
he knew on or before the commission of the crime that he is afflicted with Human ImmunoDeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim.
Under Section 17(a) of Republic Act No. 8504 the court may compel the accused to submit
himself to a blood test where blood samples would be extracted from his veins to determine
whether he has HIV.
a) Are the rights of the accused to be presumed innocent of the crime charged, to privacy, and
b) If the result of such test shows that he is HIV positive, and the prosecution offers such result
in evidence to prove the qualifying circumstance under the Information for qualified rape, should
the court reject such result on the ground that it is the fruit of a poisonous tree? Explain. (8%)
- III Perry is a resident of Manila, while Ricky and Marvin are residents of Batangas City. They are the co-owners of a parcel of residential land located in Pasay City with an assessed value of
P100,000.00. Perry borrowed P100,000.00 from Ricky which he promised to pay on or before
December 1, 2004. However, Perry failed to pay his loan. Perry also rejected Ricky and
Ricky filed a complaint against Perry and Marvin in the Regional Trial Court of Pasay City for the
partition of the property. He also incorporated in his complaint his action against Perry for the
collection of the latter’s P100,000.00 loan, plus interests and attorney’s fees.
State with reasons whether it was proper for Ricky to join his causes of action in his complaint
for partition against Perry and Marvin in the Regional Trial Court of Pasay City. (5%)
- IV Raphael, a warehouseman, filed a complaint against V Corporation, X Corporation and Y
Corporation to compel them to interplead. He alleged therein that the three corporations claimed
title and right of possession over the goods deposited in his warehouse and that he was
uncertain which of them was entitled to the goods. After due proceedings, judgment was
rendered by the court declaring that X Corporation was entitled to the goods. The decision
Raphael filed a complaint against X Corporation for the payment of P100,000.00 for storage
charges and other advances for the goods. X Corporation filed a motion to dismiss the
complaint on the ground of res judicata. X Corporation alleged that Raphael should have
incorporated in his complaint for interpleader his claim for storage fees and advances and that
for his failure he was barred from interposing his claim. Raphael replied that he could not have
claimed storage fees and other advances in his complaint for interpleader because he was not
Resolve the motion with reasons. (4%)
-V(1.) After Lulu’s death, her heirs brought her last will to a lawyer to obtain their respective shares
in the estate. The lawyer prepared a deed of partition distributing Lulu’s estate in accordance
with the terms of her will. Is the act of the lawyer correct? Why? (2%)
(2.) Nestor died intestate in 2003, leaving no debts. How may his estate be settled by his heirs
(3.) State the rule on venue in judicial settlement of estate of deceased persons. (2%)
- VI - While cruising on a highway, a taxicab driven by Mans hit an electric post. As a result thereof, its
passenger, Jovy, suffered serious injuries. Mans was subsequently charged before the
Municipal Trial Court with reckless imprudence resulting in serious physical injuries.
Thereafter, Jovy filed a civil action against Lourdes, the owner of the taxicab, for breach of
contract, and Mans for quasi-delict. Lourdes and Mans filed a motion to dismiss the civil action
on the ground of litis pendentia, that is, the pendency of the civil action impliedly instituted in the
criminal action for reckless imprudence resulting in serious physical injuries.
Resolve the motion with reasons. (4%)
- VII Katy filed an action against Tyrone for collection of the sum of P1 Million in the Regional Trial
Court, with an ex-parte application for a writ of preliminary attachment. Upon posting of an
attachment bond, the court granted the application and issued a writ of preliminary attachment.
Apprehensive that Tyrone might withdraw his savings deposit with the bank, the sheriff
immediately served a notice of garnishment on the bank to implement the writ of preliminary
attachment. The following day, the sheriff proceeded to Tyrone’s house and served him the
summons, with copies of the complaint containing the application for writ of preliminary
attachment, Katy’s affidavit, order of attachment, writ of preliminary attachment and attachment
Within fifteen (15) days from service of the summons, Tyrone filed a motion to dismiss and to
dissolve the writ of preliminary attachment on the following grounds: (i) the court did not acquire
jurisdiction over his person because the writ was served ahead of the summons; (ii) the writ was
improperly implemented; and (iii) said writ was improvidently issued because the obligation in
Resolve the motion with reasons. (4%)
- VIII In a complaint for recovery of real property, the plaintiff averred, among others, that he is the
owner of the said property by virtue of a deed of sale executed by the defendant in his favor.
Copy of the deed of sale was appended to the complaint as Annex “A” thereof.
In his unverified answer, the defendant denied the allegation concerning the sale of the property
in question, as well as the appended deed of sale, for lack of knowledge or information sufficient
thereof. Is it proper for the court to render judgment without trial? Explain. (4%)
- IX On May 12, 2005, the plaintiff filed a complaint in the Regional Trial Court of Quezon City for the
collection of P250,000.00. The defendant filed a motion to dismiss the complaint on the ground
that the court had no jurisdiction over the action since the claimed amount of P250,000.00 is
within the exclusive jurisdiction of the Metropolitan Trial Court of Quezon City.
Before the court could resolve the motion, the plaintiff, without leave of court, amended his
complaint to allege a new cause of action consisting in the inclusion of an additional amount of
P200,000.00, thereby increasing his total claim to P450,000.00. The plaintiff thereafter filed his
opposition to the motion to dismiss, claiming that the Regional Trial Court had jurisdiction over
Rule on the motion of the defendant with reasons. (4%)
-XA obtained a money judgment against B. After the finality of the decision, the court issued a writ
of execution for the enforcement thereof. Conformably with the said writ, the sheriff levied upon
certain properties under B’s name. C filed a third-party claim over said properties claiming that B
A moved to deny the third-party claim and to hold B and C jointly and severally liable to him for
the money judgment alleging that B had transferred said properties to C to defraud him (A).
After due hearing, the court denied the third-party claim and rendered an amended decision
declaring B and C jointly and severally liable to A for the money judgment.
Is the ruling of the court correct? Explain. (4%)
- XI Helen is the daughter of Eliza, a Filipina, and Tony, a Chinese, who is married to another woman
living in China. Her birth certificate indicates that Helen is the legitimate child of Tony and Eliza
Helen wants her birth certificate corrected by changing her filiation from “legitimate” to
“illegitimate” and her citizenship from “Chinese” to “Filipino” because her parents were not
married. What petition should Helen file and what procedural requirements must be observed? Explain.
- XII Mariano was convicted by the Regional Trial Court for raping Victoria and meted the penalty of
reclusion perpetua. While serving sentence at the National Penitentiary, Mariano and Victoria
were married. Mariano filed a motion in said court for his release from the penitentiary on his
claim that under Republic Act No. 8353, his marriage to Victoria extinguished the criminal action
against him for rape, as well as the penalty imposed on him. However, the court denied the
motion on the ground that it had lost jurisdiction over the case after its decision had become
final and executory.
a) Is the ruling of the court correct? Explain. b) What remedy/remedies should the counsel of Mariano take to secure his proper and most
expeditious release from the National Penitentiary? Explain. (7%)
- XIII Rodolfo is charged with possession of unlicensed firearms in an Information filed in the Regional
Trial Court. It was alleged therein that Rodolfo was in possession of two unlicensed firearms: a .
Under Republic Act No. 8294, possession of an unlicensed .45 caliber gun is punishable by
prision mayor in its minimum period and a fine of P30,000.00, while possession of an
unlicensed .32 caliber gun is punishable by prision correccional in its maximum period and a
As counsel of the accused, you intend to file a motion to quash the Information. What ground or
grounds should you invoke? Explain. (4%)
- XIV Police operatives of the Western Police District, Philippine National Police, applied for a search
warrant in the Regional Trial Court for the search of the house of Juan Santos and the seizure of
The team arrived at the house of Santos but failed to find him there. Instead, the team found
Roberto Co. The team conducted a search in the house of Santos in the presence of Roberto
Co and barangay officials and found ten (10) grams of shabu. Roberto Co was charged in court
shabu. Before his arraignment, Roberto Co filed a motion to quash the search warrant on the following
(a) he was not the accused named in the search warrant; and (b) the warrant does not describe the article to be seized with sufficient particularity. Resolve the
motion with reasons. (4%)
- XV For the multiple stab wounds sustained by the victim, Noel was charged with frustrated
homicide in the Regional Trial Court. Upon arraignment, he entered a plea of guilty to said
crime. Neither the court nor the prosecution was aware that the victim had died two days earlier
Because of his guilty plea, Noel was convicted of
corresponding penalty. When the prosecution learned of
(15) days therefrom a motion to amend the Information
homicide to consummated homicide. Noel opposed the
place frustrated homicide and meted the
the victim’s death, it filed within fifteen
to upgrade the charge from frustrated
motion claiming that the admission of
jeopardy. Resolve the motion with reasons. (4%)
- XVI Dencio barged into the house of Marcela, tied her to a chair and robbed her of assorted pieces
of jewelry and money. Dencio then brought Candida, Marcela’s maid, to a bedroom where he
raped her. Marcela could hear Candida crying and pleading: “Huwag! Maawa ka sa akin!” After
raping Candida, Dencio fled from the house with the loot. Candida then untied Marcela and
rushed to the police station about a kilometer away and told Police Officer Roberto Maawa that
Dencio had barged into the house of Marcela, tied the latter to a chair and robbed her of her
jewelry and money. Candida also related to the police officer that despite her pleas, Dencio had
raped her. The policeman noticed that Candida was hysterical and on the verge of collapse.
Dencio was charged with robbery with rape. During the trial, Candida can no longer be located.
a) If the prosecution presents Police Officer Roberto Maawa to testify on what Candida had told
b) If the police officer will testify that he noticed Candida to be hysterical and on the verge of
collapse, would such testimony be considered as opinion, hence, inadmissible? Explain. (8%)
- XVII - Explain briefly whether the Regional Trial Court may, motu proprio, take judicial notice of the
b) The street Ordinances name
by municipalities c)
d) methamphetamine hydrochloride under its is territorial shabu;
Rules and Regulations issued by quasi-judicial laws;
bodies implementing statutes; e) Rape may be committed even in public places. (5%)
- XVIII Regional Director AG of the Department of Public Works and Highways was charged with
violation of Section 3(e) of Republic Act No. 3019 in the Office of the Ombudsman. An
administrative charge for gross misconduct arising from the transaction subject matter of said
criminal case was filed against him in the same office. The Ombudsman assigned a team
composed of investigators from the Office of the Special Prosecutor and from the Office of the
Deputy Ombudsman for the Military to conduct a joint investigation of the criminal case and the
administrative case. The team of investigators recommended to the Ombudsman that AG be
preventively suspended for a period not exceeding six (6) months on its finding that the
evidence of guilt is strong. The Ombudsman issued the said order as recommended by the
AG moved to reconsider the order on the following grounds: (a) the Office of the Special
Prosecutor had exclusive authority to conduct a preliminary investigation of the criminal case;
(b) the order for his preventive suspension was premature because he had yet to file his answer
to the administrative complaint and submit countervailing evidence; and (c) he was a career
executive service officer and under Presidential Decree No. 807 (Civil Service Law), his
preventive suspension shall be for a maximum period of three months.
Resolve with reasons the motion of respondent AG. (5%) NOTHING FOLLOWS.
BAR EXAMINATION 2006
24 September 2006 8 A.M. - 12 Noon INSTRUCTIONS
This questionnaire consists of seventeen (17) numbers contained in nine (9) pages. Read each
question very carefully. Answer legibly, clearly, and concisely. Start each number on a separate
page; an answer to a sub-question under the same number may be written continuously on the
same page and immediately succeeding pages until completed. Do not repeat the question. A mere
"Yes" or "No" answer without any corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!! Signed ANGELINA S. GUTIERREZ
20006 Bar Examination Committee PLEASE CHECK THE NUMBER OF PAGES IN THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
5. What is the concept of remedial law? 2%
Distinguish between substantive law and remedial law. 2%
How are remedial laws implemented in our system of government? 2%
Distinguish jurisdiction from venue? 2%
What do you mean by (a) real actions; and (b) personal actions? 2%
- II - What court has jurisdiction over an action for specific performance filed by a subdivision homeowner
against a subdivision developer? Choose the correct answer. Explain. 2.5%
4. The Housing and Land Use Regulatory Board
The Securities and Exchange Commission
The Regional Trial Court
The Commercial Court or the Regional Trial Court designated by the Supreme Court to hear
and decide "commercial cases".
- III - 1. What is forum shopping? 2.5%
2. Honey filed with the Regional Trial Court, Taal, Batangas a complaint for specific
performance against Bernie. For lack of a certification against forum shopping, the judge
dismissed the complaint. Honey's lawyer filed a motion for reconsideration, attaching thereto an amended complaint with the certification against forum shopping. If you were the judge,
how will you resolve the motion? 5%
- IV Jojie filed with the Regional Trial Court of Laguna a complaint for damages against Joe. During the
pre-trial, Jojie and her counsel failed to appear despite notice to both of them. Upon oral motion of
Jojie, Joe was declared as in default and Jojie was allowed to present her evidence ex palte.
Thereafter, the court rendered its Decision in favor of Jojie.
Joe hired Jose as his counsel. What are the remedies available to him? Explain. 5%
-VMay Congress enact a law providing that a 5,000 square meter lot, apart of the UST compound in
Sampaloc, Manila, be expropriated for the construction of a park in honor of former City Mayor
Arsenio Lacson? As compensation to UST, the City of Manila shall deliver its 5-hectare lot in Sta.
Rosa, Laguna originally intended as a residential subdivision for the Manila City Hall employees.
- VI Explain each mode of certiorari:
a. As a mode of appeal from the Regional Trial Court or the Court of Appeals to the Supreme
b. As a special civil action from the Regional Trial Court or the Court of Appeals to the Supreme
c. As a...
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