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1990 BAR EXAMINATION

1. Juan Santos, who is leasing an apartment unit in Antipolo, Rizal from Maria Cruz, a resident of Quezon City under a 5 year contract expiring on October 15, 1991, is in arrears in his rent for 3 months as of August 15, 1990. Maria Cruz, through counsel, sends a demand letter to Juan Santos. Suppose that Juan Santos, upon receipt of the letter of demand to pay and vacate the apartment unit, immediately pays the rental in arrears. He claims that he was so busy with his business that he neglected to pay his rent. May Maria Cruz still file an unlawful detainer case against Juan Santos? Discuss the reasons.

2. In the same controversy, after the demand letter was sent and Juan failed to comply therewith, the lawyer of Maria filed the ejectment case with the MTC of ANtipoloi without going through the conciliation process at the barangay level as required under PD 1508. The amount due is P1,500.00, hence, summary procedure was followed. May Juan file a motion to dismiss for noncompliance with the requirements of the said decree? State your reasons.

3. While the ejectment case was pending before the MTC, Juan religiously deposits all current rentals. In due time, the judge ordered Juan to pay all rentals until he vacates the premises as well as attorney’s fees in the amount of P5,000.00. Maria moves for immediate execution on the ground that Juan did not deposit the attorney’s fees of P5,000.00 and that he did not put a supersedeas bond for the award. Should the court grant immediate execution? Decide with reasons.

4. Juan appeals the decision against him to the RTC which affirmed in toto the lower court’s decision. Juan then filed a motion for reconsideration. Maria moves to strike out the motion for reconsideration as it is a prohibited pleading under the Rules on Summary Procedure. Is this tenable? Decide with reasons.

Norma discovers that Mario petition for the issuance of an immigrant visa approved by the US Embassy. and that Mario had been disposing of all his properties. what is the recourse of Mario? Explain your answers. As lawyer for Maria. On June 18. Mario Reyes defaulted in the payment of the promissory note and a collection suit was filed against him before the RTC of Quezon City. Mario alleged that he does not owe Norma any sum of money. 7. After the complaint had been filed. 6. At the trial. the lawyer of Mario discovered that there was improper service of summons. 1989. Juan filed a notice of appeal with the RTC stating that he is appealing to the Court of Appeals on the ground that the judgment is contrary to the law and the facts of the case. 9. What remedy may be availed of by Norma Alajar to protect her interest? Explain your answer. 1990. he is deemed to have admitted the genuineness and due execution of the promissory note. The answer is not verified. the summons having been sent by registered mail. While the trial was ongoing. Should the said motion be granted? Explain your answer. A. as the answer is not verified. what is the remedy of Norma? B. suppose the motion to dismiss in the preceding problem is granted.00 payable to Norma Alajar not later than June 18. if the motion to dismiss is denied. Decide on the objection with reasons.000. 8.5. Mario Reyes executed a promissory note for P50. . He filed a motion to dismiss on the ground that the court had not acquired jurisdiction over the person of Mario. In his answer to the complaint. Suppose that instead of filing a motion for reconsideration with the RTC. on what procedural ground will you oppose the appeal? Explain your answer. the lawyer of Norma objected to the testimony of Mario as to his accommodation story because. and that he executed the promissory note only to enable Norma to show the same to her husband to explain the disappearance of the amount from the conjugal funds as Norma lost the same in the casino.

Sammy Magdalo. 1990. 1990. Domingo opposed inclusion in the inventory of the property claiming ownership thereof. what legal remedies may you avail of in order to protect his interests? Explain your answer. counsel for Golem. the trial court can no longer act on the said motion. A money judgment against Ernesto Golem in favor of Geraldine Bolos was rendered by the RTC of Binan. 1990 and by plaintiff’s lawyer on September 5. The probate court directed Domingo to vacate the premises. asserting lack of jurisdiction on the part of the probate court.10. Reyes moved to quash the information on the ground of prescription as it was filed on the 80th day . MAco migrated with his entire family to California. 13. 11. 1990. Mario opposed the motion for execution pending appeal on the ground that since his appeal had been perfected on September 18. and rendered judgment declaring the deceased to be the owner of the questioned property. besides. 12. Is the said judgment correct? Explain your answer. Laguna. A complaint for physical injuries was filed against Reyes with the office of the City Prosecutor on February 28. 1990. Assuming Golem has a meritorious case. Enrique Magno was stabbed on the right arm by Armando Reyes a the Balara. On September 19. In the same case. Domingo refused to participate in the proceedings. Atty. The decision was received by Atty. On March 10. You are consulted by Golem on July 31. 1990. on March 4. MAco did not inform Golem about the judgment. Mario filed his notice of appeal on September 18. 1990. submitted an inventory which includes a ten-hectare lot occupied by Carlos Domingo. 1990. 1990. . 1990 with the Quezon METC. the trial court rendered judgment against Marioj which was received by defendant’s lawyer on September 3. Decide with reasons. executor of the estate of the deceased Rolando Aceron. The information for slight physical injuries was filed on May 12. whereas the prescriptive period for slight physical injuries is 60days. 1990 when the court sheriff arrived at his residence to levy on his properties. Norma filed a motion for execution pending appeal alleging that the appeal is dilatory and that Mario has no valid defenses. On February 21. Golem learned of the decision only on June 17. USA. The probate court nonetheless proceeded with the hearing. Entry of judgment was made on March 20. Norma is already destitute and needs the money very badly. Quezon City. Jose Maco. 1990 as the injuries required 5 days of medical attendance. Atty. The probate court directed the executor and Domingo to present evidence of ownership. 1990.

the court found noncompliance with subparagraph e. As no witness testified on the execution and authenticity of the document. Domingo Pablo and Manuel Galino are all charged with the crime of murder for the killing of Bernardo Samis. The court denied the motion to discharge because while it found that there was compliance with the requirements under the subparagraphs a. it appearing that Cruz was convicted of theft 3 months earlier by the MTC of Binan. he was informed of his right to be assisted by counsel. 15.Should the motion to quash be granted? Decide with reasons. A. Laguna. Zafra requested the assistance of Atty. b. SAldi did not advice him to remain silent during the investigation. plaintiff offered in evidence a receipt dated July 7. Donato Saldi who was present when Zafra gave his confession. . who committed certain violations of the Articles of War. B. Does a court martial have jurisdiction to try and convict a soldier. defendant moved for the exclusion of this receipt notwithstanding that it is a private writing. a murder suspect. The conviction is on appeal before the RTC of Calamba. be tried by a court martial even after his discharge from the military service? Discuss with reasons. 17. ZAfra objected to the admission of his confession on the ground that he had inadequate assistance of counsel as Atty. In the trial of a case on July 5. The Prosecutor moved for the discharge of Leo Cruz so that he may be utilized as a state witness. Is the said objection tenable? Explain your answer. May a member of the military. Should the said motion be granted? Explain your answers. It is without any blemish or alteration. a policeman and a civilian for alleged conspiracy in the crime of murder? Explain your answer. among other constitutional rights. Section 6 of Rule 119. When the case for murder was filed against him. which is an offense invoking moral turpitude. Is the trial court correct in denying the motion to discharge on this ground? Decide with reasons. c and d. 1959 issued by defendant company which was found in a cabinet for receipts of payment. During the custodial investigation of Jose Zafra. 14. Laguna. 16. 1990. Leo Cruz.

Jorge Dumatol filed a demurrer to the evidence after the prosecution rested on the ground that there is no evidence of the corpus delicti. Considering that the prosecutor has the direct control and supervision over the prosecution of the case. the losing party sought a reconsideration from the Supreme Court en banc. the accused asked the prosecutor for a reinvestigation. which he granted. Is the action taken by the said losing party proper? Explain your answer. After the First Division of the Supreme Court decided a case. . Notwithstanding a diligent search. 20. Several witnesses testified that the accused shot the victim and threw the body into the ocean.18. Is the demurrer tenable? Explain your answer. After an information for homicide was filed by the city prosecutor in the RTC of Quezon City. 19. are the steps taken by him proper under the circumstances? Decide with reasons. the prosecutor filed a motion in court to withdraw the information having found no sufficient evidence to continue with the prosecution of the case. the body was not found. Charged with murder. After the reinvestigation. Evidence was introduced to the effect that the waters where the body was thrown is shark-infested.

000. the court-appointed administrator of the estate of Henry Datu. A. In relation to (D) above. and he appealed to the Supreme Court. he filed an application for bail. and he appealed t the Court of Appeals. Instead. Supposing that A filed the complaint in the MTCC and X filed an Answer wherein he interposed a counterclaim for moral damages in the amount of P50. decides to file an action against the former for the recovery of possession of the leased premises located in Davao and for the payment of the accrued rentals in the total amount of P25.00 alleging that the complaint is unfounded and malicious. a. in the evaluation of the judge.000. would the MTCC have jurisdiction over the counterclaim? If X did not set up the counterclaim. to pay rentals. may it be dismissed on the ground of lack of jurisdiction? d. can he file a separate action to recover the damages? Can A file a counterclaim to the counterclaim? 2.1991 BAR EXAMINATION 1. the judge granted bail to Ty after examining the complaint and the affidavit attached to the bail application which. Supposing that referral is necessary. Without conducting a hearing on said application and without giving the prosecution an opportunity to comment thereon. Through counsel. after trial. contending that the procedure followed by the judge was irregular.00. is it covered by the Rule on Summary procedure? e. The prosecution moved for reconsideration of the order granting bail. If the judge denies the prosecution’s motion for reconsideration. is he entitled to bail during the pendency of such appeal? e. Is prior referral to the Lupon under the PD1508 necessary? b. the Court of Appeals did not affirm or modify the judgment. Supposing that Ty was convicted of the lesser offense of homicide and was sentenced to a penalty. For failure of the tenant. is he entitled to bail during the pendency of such appeal? d. X. what remedy or remedies may the prosecution pursues if it wishes to assail the order before the appellate court? c. Was the procedure followed by the judge in granting bail correct? b. was found guilty of murder and was sentenced to reclusion perpetua. it expressed the opinion that the crime committed is murder and that the penalty . but the complaint is filed without such referral. a. the maximum of which is within the range of reclusion temporal. Claudio Ty was charged with murder in an information filed with the RTC in Dumaguete. tend to show that the evidence of guilt is not strong. What is the court of proper jurisdiction and venue of the intended action? c. If the case is filed with the MTC in Cities(MTCC). Supposing that Ty.

A complaint filed for recovery of possession of real property also prayed for moral and exemplary damages amounts of which have been left to the court’s discretion. Should the Supreme Court give due course to the petition? b. who was discovered to have incurred a shortage in his accounts. All the passengers and crew perished. 1. the amounts of which have not been specified. is the rule on the payment of docket fees in ordinary civil actions the same as that for the claim of damages which are impliedly instituted in criminal cases? . B and C. a copy of which was received by Mayon Corp. the court dismissed the complaint in an Order dated 15 February 1991. in what instance/s? 4. a. Acting on defendants’ motion to dismiss. Did the court acquire jurisdiction over the action? 2. The propriety of the class suit is questioned by the defendant. The docket fees for the action involving the real property have been paid. Twenty relatives of the fatalities filed for themselves and in behalf of the relatives of all those who perished in the mishap a class suit for damages totaling P5 million against the airline. c. An airplane carrying 200 passengers crashed somewhere in the jungles of Agusan. on 18 February 1991. A. Impleaded in the complaint as co-defendants were A’s comortgagors. filed a complaint for foreclosure of real estate mortgage against one of its sales agents.should be reclusion perpetua and accordingly certified the case to the Supreme Court for final determination. and definitely within a reasonable period from receipt of the dismissal order. Resolve the issue. On 15 March 1991. but not those for the related damages. The mortgage was executed to guarantee faithful compliance with his duties and responsibilities as a sales agent. a. On January 1991. and for actual damages the amount of which shall be proven at the trial. May the action be dismissed? b. May a special civil action for certiorari prosper in case of a denial of a motion to dismiss or a motion to quash? If so. Did it act properly? 3. Distinguish certiorari as a special civil action under Rule 65 from certiorari as a mode of appeal under Rule 45 of the Rules of Court. the Mayon Corp. filed with the Supreme Court a special civil action for certiorari under Rule 65 of the Rules of Court alleging therein that the trial court acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction in granting the motion to dismiss. Mayon Corp. 5.

The judge sustained the objection.. Supposing that no objection was made. the sheriff attached several places of machinery and equipment found in defendant’s place of business. If the writ was issued and X filed a motion to quash the attachment. Enforcing a writ of execution issued by the Pasig RTC in a civil action. is hearing on the application necessary? c. The defendant in a civil action received a note of the judgment of the MTC on 10 December. defendant sought to introduce evidence to show that Jesus Lim was not authorized to enter into the transaction and to sign the promissory note for and in behalf of the defendant corporation. Upon failure of X to pay the promissory note for P100. Defendant filed an answer to the complaint denying liability and alleging that Jesus Lim had no authority to negotiate and obtain a loan in its behalf nor to sign the promissory note. executed in favor of the bank a promissory note for the said amount. May the court grant the motion solely on the ground that a bond was filed? 8.00 which he executed in favor of Y. Was the ruling correct? b. Plaintiff objected to such evidence. In an action for collection of P2 million. a. trial proceeded and judgment was thereafter rendered in favor of the plaintiff. The answere was not verified. a.000. Can he validly move for extension of the period for filing a motion for reconsideration of the decision in view of the Christmas holidays? c. plaintiff bank alleged that defendant Oriental Textile Mills Inc. The latter filed a motion for execution pending appeal and forthwith filed a bond in a sum double the amount adjudged. when will the appeal be deemed perfected? 9. If service of summons is indispensable before the writ may be issued. What is the last day for appealing? b. may the motion be granted ex-parte? 7. Antonio Sadalay . for valuable consideration. the latter filed a complaint for a sum of money with application for the issuance of a writ of preliminary attachment alleging therein that X is about to dispose of his properties in fraud of his creditors.6. a. In this case. claiming that Lim’s authority had been admitted by defendant’s failure to verify the answer. May the court issue the writ immediately upon the filing of a complaint and before service of summons? b. During the trial.

did not appeal from the decision. Y died. After reviewing the record of the preliminary investigation of a homicide case. Adter the prosecution rested its case in a criminal action for rape. In due course. a. can the writ of execution be validly issued? c. the Secretary of Justice reversed the resolution of the Provincial Prosecutor and directed the latter to move for the dismissal of the information which had been filed in the RTC Pasig.000. Can Sadalay intervene in the case and ask the Pasig RTC to resolve his third-party claim? b. . what is the remedy of A? 11.00 and attorney’s fees of P5. The case should have been dismissed jupon the death of Y since his death. Cebu. a. for liquidated damages of P5. Z opposed the motion contending that the decision is void because the claim does not survive. If the judge refuses to grant the Provincial Prosecutor’s motion to dismiss. but his lawyer did not file a motion to dismiss. after he filed his answer. Trial on the merits was had.filed with the sheriff an affidavit of third-party claim stating that the attached properties belong to him. The Provincial Prosecutor thus filed such motion. X. The administratrix. May the RTC judge refuse to order the dismissal of the criminal case and insist on the arraignment and trial of the accused? b.00. Y’s widow filed with the above court a special proceeding for the settlement of the intestate estate of Y. the accused filed a demurrer to evidence. A moved for the execution of judgment. The court granted the motion. at the time it was rendered. not to the defendant. In the meantime. the latter did not object. A. A filed a complaint against Y in the RTC of Argao. the court rendered a decision in favor of A. the widow Z was appointed the administratrix of the estate. may a special civil action for mandamus lie to compel the judge to grant the motion? 12. A filed in the civil case a motion to have Y substituted by the administratrix. and after I became final.000. the period to file claims in the intestate estate of Y had already lapsed. Rule on the issue. the court lost jurisdiction over the case. a. b. for the payment of a promissory note in the sum of P50. may he validly obtain a writ of injunction from the RTC Makati to enjoin the sale in execution of the levied property? 10. If it cannot be issued. If SAdalay decides to file a separate action in the RTC Makati to vindicate his claim. If the opposition is without merit.000.00.

He was asked to account for some undeclared sales amounting to P150.00 and. an employee of ABC Corp. Two days before the scheduled investigation. for that purpose. at 9 o’clock. wife of Santiago. If the court denies said motion. just as he reached the gate of his house in Apas.. Is the rule on demurrer to evidence the same in civil actions? B. would you admit the evidence? 15. They cite Section 5. appeared to be involved in irregularities in the sale of the corporation’s products. a married man.000.38 caliber revolver. During custodial investigation a the Western Police District. a. with a . Arenas did not show up and has failed to report for work since then. Is it admissible against Carreon as an exception to the res inter alios acta rule? 14. Magdalena Campos. and as soon as he alighted from his car to open the gate. to be conducted in accordance with the corporation’s collective bargaining agreement with the employee’s union. Rule 110 of the Revised Rules of Court which provides. The defense counsel objected to the admission of the note on the ground that the same was executed without the accused having been informed of his constitutional right to remain silent and to have counsel nor was he then assisted by counsel. the prosecution offered in evidence the aforesaid handwritten note as Exhibit A. In the same statement. Both accused filed a motion to quash alleging that the trial court has not acquired jurisdiction over the case because no complaint has been filed by the husband of Magdalena Campos. Carlos was hit at the sternum of the second .000. he implicated Antonio Carreon. among others. On the day of the investigation. Mario Margal was informed of his constitutional right to remail silent and to have competent and independent counsel. He decided to waive his right to counsel and proceeded to make a statement admitting commission of a robbery. If you were the judge. The corporation charged him with estafa. a married woman and Santiago Mendoza. his co-conspirator in the crime. Felipe Arenas. Is Margal’s statement admissible in evidence against him? b. may the accused adduce evidence in his defense? b. Arenas gave to his superiors a signed handwritten note stating that he was willing to settle the irregularities allegedly charged against him in the amount of P150. At the trial. One evening.a. Carlos was shot by Tito. Cynthia Mendoza. who had been waiting behind a coconut tree nearby. Cebu.00 subject to conditions which the corporation may impose. were indicted for adultery in an information filed by the Prosecutor of Bataan upon a sworn complaint filed by Mrs. he was asked to appear on a specified date at an administrative investigation. that the crime of adultery “… shall not be prosecuted except upon a complaint filed by the offended spouse.” How would you resolve the motion to quash? 13.

Yap marked as Exhibit X. Carlos was brought to the emergency room. Is the prosecution correct? b. Yap is not admissible for being hearsay. however. took the initiative of taking down in long hand the statement of Lt. A. testify that Lt. Y. In the car. Yap told him that it was Jose Comen who shot him. If the testimony of A as to the revelation of Lt. his Division Commander. Tito was then charged with murder before the RTC Cebu. Distinguish formal offer of evidence from offer of proof. A. Marilyn was presented as witness for the prosecution. nevertheless. The court overruled the objection on the ground that the statement may be considered as a dying declaration. Yap died as a consequence of the gunshot wound.45 caliber pistor. If the statement cannot be admitted as part of the res gestae. a. PAF. may it be admitted as an independently relevant statement? 17. who is a law graduate. Yap signed the statement in the presence of A and the attending nurse. Carlos told Marilyn it was Tito who shot him. Hearing the shot. Brig. after 2 hours later. At the trial. a. Lt. testified that. Yap of the 2nd Air Division. . What are the requisites to admissibility of a dying declaration? 16. An information for murder was filed against Jose Comen. A. was shot with a . Carlos’ wife ran out toward the gate and found Carlos lying on the ground. may it be considered as a dying declaration? c. although he was in a semi-conscious state. with blood splattered on his chest. Marilyn. Forthwith. the above statement of Lt. Yap told A that it was Jose Comen who shot him. The latter narrated the events surrounding the incident and categorically stated it was Jose COmen who shot him. Two hours after Lt. as above stated. However. The prosecution contended that both are exceptions to the hearsay rule as they are part of the res gestae. The defense objected to the testimony of A and to the admission of Exhibit X on the ground that they are hearsay. Lt.rib. visited him at the Cebu Doctors’ Hospital in Cebu City where he was immediately brought for treatment of the gunshot wound. With her son. Yap read it. he expired. she brought Carlos to the Cebu Doctors’ Hospital. but her testimony regarding the above statement of Carlos was objected to under the hearsay rule. Ten days later. was presented and identified by A who did not. at the MActan Air Base in Lapulapu City. Yap. or that it was read to him before Yap signed it. Is the ruling correct? b. Gen. Lt. Lt.

1990 BAR EXAMINATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 proper cause of action motion to dismiss writ of execution motion for reconsideration notice of appeal writ of preliminary attachment verification of answer motion to dismiss certiorari under Rule 45/ motion for reconsideration motion for execution pending appeal petition for relief from judgment probate proceeding prescriptive period rights during custodial investigation discharge of defendant to become a state witness neccessity of evidence by authenticity of private document question excluded motion to withdraw information by the prosecutor demurrer to evidence motion for reconsideration from Supreme Court en banc 1991 BAR EXAMINATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 jurisdiction and venue procedure in granting of bail Rule 65 versus Rule 45 class suit jurisdiction and venue writ of preliminary attachment manner of making allegations in pleadings period of filing writ of execution execution of judgment motion to dismiss demurrer to evidence admissibility of evidence admissibility of evidence admissibility of a dying declarion hearsay rule formal offer of evidence versus offer of proof .