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UNO-R SCHOOL OF LAW

PCOURT 120
Final Exam – Dec. 19, 2020

BY: HELEN JOY D. GRIJALDO

INSTRUCTIONS: Do not forget to write your name, observe proper

margin, no need to copy the questions – just answer directly
indicating the number and/or letter of the alphabet, as the case may
be, of the question – and submit your answer not later than 3:00
o’clock in the afternoon today.

QUESTIONS

1. Plaintiff hired you as his lawyer to recover possession of

plaintiff’s 500 sq. m. residential lot squatted by Jose for more than
15 years. It was within one (1) year from your letter of demand to
Jose to vacate the premises when you decided to file in court the
civil case as counsel for the plaintiff:

a.) What particular civil action will you file in court? Explain.
(5%)
ANSWER: I will file an ejectment case for forcible entry against
Jose to protect actual possession or the right to possession of
the property involved.

b.) May damages be recoverable from Jose? Explain. (5%)

ANSWER: YES. As the rightful owner of the property you may
claim for actual damages and attorney’s fees to Jose for
unlawful possession of the property.

c.) May plaintiff in this case avail of a preliminary mandatory

injunction to oust defendant pending trial and proper
disposition of the case? Explain. (5%)

ANSWER: YES. The plaintiff in this case may avail of

preliminary mandatory injunction as his provisional
remedy while the case is pending in trial to protect his
interest over the residential lot property.
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d.) A squatter has now a different name. What is it? (5%)

ANSWER: The other name now for squatters are ILLEGAL

SETTLERS.

2. With respect to the Sandiganbayan:

a.) The justices there have the same rank with those of
the Court of Appeals. But is it an appellate court or a
trial court? Explain. (5%)

ANSWER: Sandiganbayan is a trial court, it is not an

appellate court and not part of the regular courts.

b.) How many justices are there, how many divisions are
they organized into, and how many justices in each
division? Explain. (5%)
ANSWER: The Sandiganbayan is composed of a Presiding Justice and
fourteen (14) Associate Justices appointed by the President of the
Philippines.
The Sandiganbayan sits in five (5) Divisions of three (3) Justices each,
including the Presiding Justice. The five Divisions may sit separately at
the same time. Each of the five (5) most senior Associate Justices
including the Presiding Justice, shall be the Chairman of a Division;
each of the five (5) Associate Justices next in rank shall be the Senior
Member of a Division; and each of the last five (5) Associate Justices shall
be the Junior Member of a Division.

c.) Is it a regular component in the hierarchy of courts?

Explain. (5%)

NO. Sandiganbayan is not a regular component in the

hierarchy of courts because it is special court which
shall have jurisdiction over criminal and civil cases
involving graft and corrupt practices and such other
offenses committed by public officers and employees.

d.) Where may an appeal from it be taken to- to the Court

of Appeals or to the Supreme Court? Explain. (5%)

ANSWER: To the Supreme Court.

Rule 10 section 1(a) of the revised internal rules of the

Sandiganbayan states that a party may appeal from a
judgment or final order of the Sandiganbayan imposing
or affirming a penalty less than death, life
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imprisonment or reclusion perpetua in criminal cases,

and, in civil cases, by filing with the Supreme Court a
petition for review on certiorari in accordance with
Rule 45 of the 1997 Rules of Civil Procedure.

3. A murder was committed by Juan right on the boundary of

Bacolod City and Bago City:

a.) What court has the jurisdiction over this crime where
the prescribed penalty is reclusionperpetua?
Explain. (5%)
ANSWER: Since the crime was committed in the boundary
of Bacolod City and Bago City,the case may be filed either
in Bacolod City or Bago City at the option of the plaintiff.

b.) May the case arising from this crime be filed only in
Bacolod City because it is the capital city of the
Province? Explain. (5%)
ANSWER: NO. The determining factor in the venue for
criminal cases is the place of its commission. In the case
above since it occurred in the boundary of Bacolod and
Bago City it cannot be inferred that Bacolod City has
exclusive jurisdiction over the case. It is still at the option
of the plaintiff where to file the case, although it is not
subject to an agreement.

c.) If the case was already filed in the court of Bago

City, may it be withdrawn therefrom and re-filed in
the Bacolod City court? Explain. (5%)
ANSWER: No. The case filed in the court of Bago can no longer be
withdrawn and re-filed in Bacolod City.
Under the rules of court, jurisdiction cannot be transferred from one
court to another. It is only the Supreme Court who has the authority to
transfer territorial jurisdiction.
Since it was already filed in Bago it shall be heard and tried Bago
Court.

4. Your witness, being cross-examined by the adverse counsel was

asked with a question, the answer to which may incriminate your
witness. As his counsel, what action shall you immediately take?
Explain. (5%)
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ANSWER: As counsel, I will object the question being asked by

the adverse counsel because it is a misleading question that may
incriminate my client. Misleading questions shall never be allowed
at any stage of the examination because it assumes a fact that will
cause the other party to appear guilty.
-o0o-

**Goodluck and Happy Holidays!!**

Judge G.J. Ybañez

Professor