Professional Documents
Culture Documents
REMEDIAL LAW
28 October 2012 8:00A.M.- 10 A.M.
GOOD LUCK!!!
Chairperson
20/2 Bar Examinations Committee
2. Under the Rules on the Writ of Amparo, interim relief orders may be
issued by the Court except:
a) production order;
b) witness protection order;
c) hold departure order;
d) temporary protection order.
5. In real actions, the docket and filing fees are based on:
b) motu proprio dismiss the motion for not complying with Rule 15.
c) allow the parties the opportunity to be heard.
d) return the motion to X's counsel for amendment.
7. A wants to file a Petition for Writ of Habeas Data against the AFP in
connection with threats to his life allegedly made by AFP intelligence
officers. A needs copies of AFP highly classified intelligence
reports collected by Sgt. Santos who is from AFP. A can file his
petition with:
a) 15·
'
b) 30•
'
IRemedial Law Page 4 of22l
c) 60·
'
d) 120•
'
12. An accused may move for the suspension of his arraignment if:
14. Being declared in default does not constitute a waiver of all rights.
However, the following right is considered waived:
16. A criminal case should be instituted and tried in the place where the
offense or any of the essential elements took p!ace, except in:
a) Estafa cases;
b) Complex crimes;
IRemedial Law Page 5 of221
17. X was charged for murder and was issued a warrant of arrest. X
remains at large but wants to post bail. X's option is to:
19. RTC decides an appeal from the MTC involving a simple collection
case. The decision consists of only one page because it adopted by
direct reference the findings of fact and conclusions of law set forth
in the MTC decision. Which statement is most accurate?
20. The filing of a complaint with the Punong Barangay involving cases
covered by the Katarungang Pambarangay Rules shall:
21. In a declaratory relief action, the court may refuse to exercise its
power to declare rights and construe instruments in what instance/s?
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a) When a decision would not terminate the controversy which
gave rise to the action.
b) In an action to consolidate ownership under Art. 1607 of the
Civil Code.
c) To establish legitimate filiation and determine hereditary rights.
d) (a) and (c) above
23. A charge for indirect contempt committed against an RTC judge may
be commenced through:
a) Estoppel;
b) Conclusiveness of judgment;
c) Res Judicata;
d) Stare decisis.
IRemedial Law Page 7 of 221
28. X and Y, both residents of Bgy. II, Sampaloc, Manila entered into a
P100,000 loan agreement. Because Y defaulted, X sued Y for
collection and the complainant prayed for issuance of preliminary
attachment. Y moved to dismiss the complaint because there was no
Barangay conciliation. The court should therefore:
a) to prove robbery.
b) to prove homicide.
c) to prove robbery and homicide.
d) to prove the "corpus delicti".
a) Absentees;
b) Escheat;
c) Change of First Name;
IRemedial Law Page 8 of221
32. When caught, X readily admitted to the Forestry Ranger that he cut
the trees. Such a statement may be admitted and is not necessarily
hearsay because:
34. In a criminal case for violation of a city ordinance, the court may issue
a warrant of arrest:
a) a court-appointed sheriff.
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41. After a plea of not guilty is entered, the accused shall have _ _
days to prepare for trial.
a) 15•
'
b) 10·'
c) 30·
'
d) None of the above.
a) text messages;
b) telephone conversations;
c) faxed document;
d) online chatroom sessions;
48. Atty. A drafts a pleading for his client 8 wherein B admits certain facts
prejudicial to his case. The pleading was never filed but was signed
by Atty. A. Opposing counsel got hold of the pleading and presents
the same in court. Which statement is the most accurate?
53. A judge of an MTC can hear and decide petitions for habeas corpus
or applications for bail where:
57. The Sandiganbayan can entertain a quo warranto petition only in:
62. After a hearing on a Motion to Dismiss, the court may either dismiss
the case or deny the same or:
a) the Sandiganbayan;
b) the Office of the President;
c) the Supreme Court;
d) None of the above.
64. The mortgage contract between X, who resides in Manila, and Y, who
resides in Naga, covering land in Quezon provides that any suit
arising from the agreement may be filed "nowhere else but in a
Makati court". Y must thus sue only in:
a) Makati;
b) Makati and/or Naga;
c) Quezon and/or Makati;
d)· Naga.
65. Immediately after the witness had been sworn in to testify, without
any formal offer of his testimony, Atty. A started asking questions on
direct examination to the witness. The court may still consider his
testimony if:
IRemedial Law Page 15 of 221
a) the formal offer is done after the direct testimony.
b) the opposing counsel did not object.
c) the witness is an expert witness.
d) the opposing counsel offered to stipulate on the testimony
given.
69. A judgment by default can be issued despite an Answer being filed in:
a) annulment of marriage.
b) legal separation.
c) cases where a party willfully fails to appear before the officer
who is to take his deposition.
d) declaration of nullity of marriage.
a) the MTC;
b) the RTC;
c) Special Drugs Court;
d) Family Court.
73. A court can motu proprio dismiss a case on the following grounds,
except:
a) failure to prosecute;
b) lack of jurisdiction over the parties;
c) litis pendentia;
d) prescription.
78. With leave of court, a party may amend his pleading if:
79. When a Motion to Quash search warrant is denied, the best remedy
is:
a) March 4;
b) March 16;
c) March 30;
d) March 11.
82. After the DOJ Secretary granted accused's Petition for Review, the
prosecution filed a motion to withdraw the Information before the trial
court. The judge therein denied the same. The trial prosecutor
manifested before the judge that he can no longer prosecute the case
because he is only an alter ego of the DOJ Secretary who ordered
him to withdraw the Information. The case should therefore be
prosecuted by:
a) three (3);
b) five(S);
c) eight (8);
d) ten (1 0).
84. A and 8 adopted their nephew. They filed an action for revocation of
the adoption on May 1, 1998 on the ground that their nephew
neglected them. Based on the Rules of Domestic Adoption, the judge
must:
87. X filed a complaint with the RTC through ABC, a private letter-
forwarding agency. The date of filing of the complaint shall be:
a) 15•
b) 10•'
c) s·' '
d) 20.
89. The deposition of a witness, whether or not a party, may be used for
any purpose if the Court finds the following circumstances are
attendant, EXCEPT:
90. One of the exemptions to the general rule that evidence not formally
offered shall not be considered is:
IRemedial Law Page 20 of 221
a) re-raffled to a division.
b) original action shall be dismissed.
c) The judgment appealed from shall be official.
d) again deliberated upon.
96. X, the designated executor of a will, files a petition for probate of the
same. X and his counsel failed to appear without justifiable cause at
the hearing on the presentation of evidence and the court therefore
dismissed, motu proprio, his petition for failure to prosecute. The
effect of the dismissal is:
98. When directed by the judge, a clerk of court can receive evidence
addressed by the parties in:
a) at preliminary investigation.
b) at police line-up for identification purposes.
c) at ultra-violet examination to determine presence of ultra violet
powder on &ccused's hands.
d) at one-on-one confrontation with eyewitness.
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REMEDIAL LAW
ESSAY-TYPE QUESTIONS
INSTRUCTIONS
GOOD LUCK!!!
Chairperson
2012 Bar Examinations "'"'__ .--om-m-:ittee
a) After an information for rape was filed in the RTC, the DOJ
Secretary, acting on the accused's petition for review, reversed the
investigating prosecutor's finding of probable cause. Upon order
of the DOJ Secretary, the trial prosecutor filed a Motion to
Withdraw Information which the judge granted. The order of the
judge stated only the following:
If you were the private prosecutor, what should you do? Explain. (5°/o)
II
Ill
to him claiming ownership of the land. Where should A file the case?
Explain. (5°/o)
IV
a) A bought a Volvo Sedan from ABC Cars for P5.0M. ABC Cars,
before delivering to A, had the car rust proofed and tinted by XYZ
Detailing. When delivered to A, the car's upholstery was found to b~
damaged. ABC Cars and XYZ Detailing both deny any liability. Who
can A sue and on what cause(s) of action? Explain. (5°/o)
v
a) X was arrested, en flagrante, for robbing a bank. After an
investigation, he was brought before the office of the prosecutor for
inquest, but unfortunately no inquest prosecutor was available.
May the bank directly file the complaint with the proper court? If
in the affirmative, what document should be filed? (5°/o)
VI
Suppose the judge issues the search warrant worded in this way:
Greetings:
(signed)
Judge XYZ
VII
VIII
IX
c) What are the jurisdictional facts that must be alleged in a petition for
probate of a will? How do you bring before the court these
jurisdictional facts? (3%)
-NOTHING FOLLOWS-