Professional Documents
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Bar Questions Civil Procedure A-WPS Office
Bar Questions Civil Procedure A-WPS Office
(2010)
apprehended.
defenses?
January 2001).
SUGGESTED ANSWER:
3, Rule 17; Pinga vs. Heirs of German Santiago, G.R. No. 170354, June 30,
2006).
SUGGESTED ANSWER:
the ground that the Regional Trial Courthas exclusive original jurisdiction over "all
(3%)
P10,000.
At the pre-trial conference, B Lines defined
SUGGESTED ANSWER:
1994).
SUGGESTED ANSWER:
Bill of Lading.
ground of prematurity for failure to comply with the mandatory barangay conciliation.
Resolve the motion with reasons. (3%)
SUGGESTED ANSWER:
municipality.
and
not?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
irrelevant.
No, the action may not prosper, because
should be P20,000 in the rest of the Philippines, outside of the Manila with
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
NO, the answer would not be the same.
conditions of the mortgage contract; hence, one foreclosure suit per mortgage
SUGGESTED ANSWER:
remedies:
Rules of Court).
Mr. Brown is duly authorized to notarize the document. (3%) Rule on the foregoing
SUGGESTED ANSWER:
SUGGESTED ANSWER: Bar by prior-judgment is the doctrine of res judicata, which bars a second action
when there is
former Rule 39; Sec, 47 [b] of new Rule 39). Conclusiveness of judgment precludes the relitigation of a
particular issue in another action
between the same parties on a different cause of action. (Sec. 49 [c] of former Rule 39; sec. 47 [c]
SUGGESTED ANSWER: A CAUSE OF ACTION is an act or omission of one party in violation of the legal
right or rights
of the other (Maao Sugar Central vs. Barrios, 79 Phil. 606; Sec. 2 of new Rule 2), causing
damage to another.
An ACTION is an ordinary suit in a court of Justice by which one party prosecutes another for
former Rule
2).
Civil Actions vs. Special Proceedings (1998)
SUGGESTED ANSWER: A CIVIL ACTION is one by which a party sues another for the enforcement or
protection of a
right, or the prevention or redress of a wrong. (See. 3[a], Rule 1, 1997 Rules of Civil Procedure), while a
SPECIAL PROCEEDING is a remedy by which a party seeks to establish a status, a right
Conciliation Proceedings; Katarungang Pambarangay vs. Pre-Trial Conference (1999) What is the
difference, if any, between the conciliation proceedings under the Katarungang
Pambarangay Law and the negotiations for an amicable settlement during the pre-trial
SUGGESTED ANSWER: The difference between the conciliation proceedings under the Katarungang
Pambarangay
Law and the negotiations for an amicable settlement during the pre-trial conference under the
Rules of Court is that in the former, lawyers are prohibited from appearing for the parties. Parties must
appear in person only except minors or incompetents who may be assisted by
their next of kin who are not lawyers. (Formerly Sec. 9, by: sirdondee@gmail.com Page 8 of 66
P.D. No. 1508; Sec. 415, Local Government Code of 1991, R.A. 7160.)No such prohibition exists in the
a) How should the records of child and family cases in the Family Courts or RTC designated by
the Supreme Court to handle Family Court cases be treated and dealt with? (3%) b) Under
what conditions may the identity of parties in child and family cases be divulged (2%)
SUGGESTED ANSWER: a) The records of child and family cases in the Family Code to handle Family Court
cases shall
be dealt with utmost confidentiality. (Sec. 12, Family Courts Act of 1997)
b) The identity of parties in child and family cases shall not be divulged unless necessary and
SUGGESTED ANSWER: An interlocutory order refers to an order issued between the commencement and
the end of
the suit which is not a final decision of the whole controversy and leaves something more to
(Gallardo et al. v. People, G.R. No. 142030, April 21, 2005; Investments Inc. v. Court of Appeals, G.R. No.
60036, January 27, 1987 cited in Denso Phils, v. /AC, G.R. No. 75000, Feb. 27, 1987).
What is the difference between a judgment and an opinion of the court? (2.5%)
SUGGESTED ANSWER: The judgment or fallo is the final disposition of the Court which is reflected in the
dispositive
portion of the decision. A decision is directly prepared by a judge and signed by him, containing
clearly and distinctly a statement of the facts proved and the law upon which the judgment is
Singson, Adm. Matter No. RTJ-91-758, September 26, 1994). An opinion of the court is the informal
expression of the views of the court and cannot prevail
against its final order. The opinion of the court is contained in the body of the decision that
serves as a guide or enlightenment to determine the ratio decidendi of the decision. The
opinion forms no part of the judgment even if combined in one instrument, but may be
referred to for the purpose of construing the judgment (Contreras v. Felix, G.R. No. L-477, June
30, 1947).
Judicial Autonomy & Impartiality (2003)
In rendering a decision, should a court take into consideration the possible effect of its verdict
SUGGESTED ANSWER: No, because a court is required to take into consideration only the legal issues and
the
evidence admitted in the case. The political stability and economic welfare of the nation are extraneous
to the case. They can have persuasive influence but they are not the main factors
that should be considered in deciding a case. A decision should be based on the law, rules of
procedure, justice and equity. However, in exceptional cases the court may consider the
political stability and economic welfare of the nation when these are capable of being taken
SUGGESTED ANSWER: The object of the Katarungang Pambarangay Law is to effect an amicable
settlement of
disputes among family and barangay members at the barangay level without judicial recourse
and consequently help relieve the courts of docket congestion. (Preamble of P.D. No. 1508, the former
and the first Katarungang Pambarangay Law.)
Liberal Construction; Rules of Court (1998) How shall the Rules of Court be construed? [2%]
SUGGESTED ANSWER: The Rules of Court should be liberally construed in order to promote their
objective of
securing a just, speedy and inexpensive disposition of every action and proceeding. (Sec. 6, Rule 1 1997
Rules of Civil Procedure.)
ADDITIONAL ANSWER: However, strict observance of the rules is an imperative necessity when they are
considered
indispensable to the prevention of needless delays and to the orderly and speedy dispatch of
SUGGESTED ANSWER: Remedial laws are implemented in our system of government through the pillars
of the
judicial system, including the prosecutory service, our courts of justice and quasi judicial agencies
SUBSTANTIVE LAW is that part of the law which creates, defines and regulates rights
concerning life, liberty, or property, or the powers of agencies or instrumentalities for the
administration of public
by: sirdondee@gmail.com Page 9 of 66 affairs. This is distinguished from REMEDIAL LAW which
prescribes the method of enforcing rights or obtaining redress for their invasion (Bustos v. Lucero, G.R.
No. L-2068, October 20, 1948).
SUGGESTED ANSWER: The concept of Remedial Law lies at the very core of procedural due process,
which means a law
which hears before it condemns, which proceeds upon inquiry and renders judgment only after
trial, and contemplates an opportunity to be heard before judgment is rendered (Albert v. University
Publishing, G.R. No. L-19118, January 30, 1965). Remedial Law is that branch of law which prescribes the
method of enforcing the rights or
obtaining redress for their invasion (Bustos v. Lucero, G.R. No. L-2068, October 20, 1948; First Lepanto
Ceramics, Inc. v. CA, G.R. No. 110571, March 10, 1994).
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 Immuno-Deficiency 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
a) Are the rights of the accused to be presumed innocent of the crime charged, to
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.
SUGGESTED ANSWER: No. The court may compel the accused to submit himself to a blood test to
determine whether
he has HIV under Sec. 17(a) of R.A. No, 8054. His rights to be presumed innocent of the crime
charged, to privacy and against self-incrimination are not violated by such compulsory
testing. In an action in which the physical condition of a party is in controversy, the court may
order the accused to submit to a physical examination. (Sec. 1, Rule 28, 1997 Rules of Civil
Procedure)
SUGGESTED ANSWER: Since the rights of the accused are not violated because the compulsory testing is
authorized
by the
in evidence to prove the qualifying circumstance under the information for qualified rape under R.A. No.
8353. The fruit, of the poisonous tree doctrine refers to that rule of evidence that excludes any
evidence which may have been derived or acquired from a tainted or polluted source. Such evidence is
inadmissible for having emanated from spurious srcins. The doctrine, however, does not apply to the
results obtained pursuant to Sec. 1, Rule 28, 1997 Rules of Civil Procedure, as it does not contemplate a
search within the moaning of the law.(People v. Montilla, G.R. No. 123872, January 30,1998)
What courts have jurisdiction over the following cases filed in Metro Manila? a) An action for
valued at
amount of P190,000.00 from the plaintiff. e) A petition for the probate of a will involving an
SUGGESTED ANSWER: (a) An action for specific performance or, in the alternative, for damages in the
amount of
180,000.00 falls within the jurisdiction of Metropolitan Trial Courts in Metro Manila. Although an
action for specific performance is not capable of pecuniary estimation, since the alternative
demand for damages is capable of pecuniary estimation, it is within the jurisdiction of the
Metropolitan Trial Courts in Metro Manila. (Sec. 33 of BP 129 as amended by RA No. 7691: Cruz us. Tan,
87 Phil. 627]. (b) An action for injunction is not capable of pecuniary estimation and hence falls within
the
jurisdiction of the RTCs. (c) An action for replevin of a motorcycle valued at 150,000.00 falls within the
jurisdiction of
the Metropolitan Trial Courts in Metro Manila (Sec. 33 of
BP 129. as amended by RA No. 7691). (d) An action for interpleader to determine who between the
defendants is entitled to receive
the amount of P190,000.00 falls within the jurisdiction of the Metropolitan Trial Courts in
(e) A petition for the probate of a will involving an estate valued at 200.000.00 falls within the
Jurisdiction of the Metropolitan Trial Courts in Metro Manila (Sec. 19[4] of BP 129, as amended).
ADDITIONAL ANSWER: (b) An application for a writ of preliminary injunction may be granted by a
Municipal Court in
JURISDICTION treats of the power of the Court to decide a case on the merits, while VENUE refers
to the place where the suit may be filed. In criminal actions, however, venue is jurisdictional.
Jurisdiction is a matter of substantive law; venue, of procedural law. Jurisdiction may be not be
conferred by consent through waiver upon a court, but venue may be waived, except in criminal
cases
Mark filed with the Bureau of Internal Revenue a complaint for refund of taxes paid, but it was
not acted upon. So, he filed a similar complaint with the Court of Tax Appeals raffled to one of
its Divisions. Mark's complaint was dismissed. Thus, he filed with the Court of Appeals a
petition for certiorari under Rule 65. Does the Court of Appeals have jurisdiction over Mark's
petition?
No. The procedure is governed by Sec. 11 of R. A. 9282. Decisions of a division of the Court of
Tax Appeals must be appealed to the Court of Tax Appeals en banc. Further, the CTA now has
the same rank as the Court of Appeals and is no longer considered a quasi-judicial agency. It
is likewise provided in the said law that the decisions of the CTA en bane are cognizable by
the Supreme Court under Rule 45 of the 1997 Rules of Civil Procedure.