CORDILLERA CAREER DEVELOPMENT COLLEGE

College of Law
Buyagan, Poblacion, La Trinidad, Benguet

Remedial Law Review II – Mid-Term Examination – Part 1

06 March 2021

I ESSAY–TYPE QUESTIONS. This questionnaire consist of 37 numbers. 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 maybe written continuously on the same and immediately
succeeding pages until completed. Do not repeat the question. A mere YES or NO answer without the
corresponding discussion will not be given credit. Your answers to these questions will be evaluated
based on your grammar, English or sentence construction, logical reasoning and your knowledge of the
law. (5 points each question). THANK YOU!

1. Police officer Hannibal was arrested for extortion after an entrapment operation. Hannibal was
compelled to undergo a drug test by submitting his urine sample. The urine sample tested positive for
drugs and Hannibal was charged before the RTC with the crime of use of dangerous drugs. Hannibal
challenged the admissibility of the drug report on the ground that it violated his right against self-
incrimination. The trial court brushed aside Hannibal’s objection and convicted him, relying primarily on
the drug-test result.

(a) Was the drug-test result admissible in evidence against Hannibal?

(b) Assume that Hannibal did not appeal from his conviction and the judgment became final and
executory. Hannibal is serving sentence at Bilibid. The wife of Hannibal comes to your law office
and requests your opinion on whether Hannibal still has a remedy from his conviction. What
would your opinion be?

2. Police officer Roberto responding to a radio call, arrived at the crime scene. He interviewed Jose
who had a big gunshot wound and asked him about his injury. Jose said that his injury did not look too
good and said that it was Arnold who shot him. Blood then spewed out of Jose’s mouth and he died
immediately. Roberto put down what Jose said in his police investigation report. Arnold was prosecuted
for murder. During the trial, the records custodian of the police station identified the report, narrated how
Roberto acquired the information therein, stated that he (the custodian) was the one in charge of filing
police investigation reports and that the report came from his custody. On cross-examination, the records
custodian admitted that he was not familiar with Roberto’s signature. Roberto was not presented as a
witness since he was abroad on a training course. The prosecution formally offered the police
investigation report. The defense objected to the offer of the police investigation report on the grounds
that: (1) it was hearsay, in fact, double hearsay, and (2) it was not properly authenticated. If you were the
judge, how would you rule on the two objections? Explain.

3. Darwin was charged and convicted before the Sandiganbayan of the violation of the Anti-Graft
Law. Darwin initially hired Abner as his lawyer and Abner filed a petition for review on certiorari with the
Supreme Court. Darwin later on fired Abner and engaged the services of Bruno to handle the appeal
before the Supreme Court. Darwin confided to Bruno that the annexes attached to the petition filed
before the Supreme Court contained falsified documents. Subsequently Darwin was charged with
falsification of documents. Bruno was subpoenaed by the prosecution and he was asked whether Darwin
had confided to him regarding the falsified documents. Bruno objected on the ground that the matter
asked concerned confidential attorney-client communication. Should the court sustain Bruno’s objection?

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4. P presents X as his witness in the civil case P filed against D. X testified on direct that D entered
the intersection when the traffic light was red against him. On cross-examination, D’s counsel asks X,
“Isn’t it true that on four occasions, you failed lie detector tests?” If you were the counsel for P, what
would you do?

5. Sitti wrote an email to Bamban offering for sale a specific parcel of land for P5 million. Bamban
replied also by email accepting the offer. Five days later Bamban sent a text to Sitti saying that he was
revoking his acceptance for lack of funds. Sitti sued Bamban for specific performance. Sitti offered in
evidence a photocopy of the print out of Bamban’s emailed reply. Sitti did not account for the non-
production of the original print-out. Bamban objected to the admission of the photocopy of the email on
the ground that it violated the best evidence rule. How would you rule on the objection? Explain.

6. A man goes by the name of Jennifer Reynes, which name he has been using and by which he has
been known since childhood. Recently, he checked his birth certificate and discovered the following: (a)
His surname was indicated as “Reyes” rather than “Reynes.” (b) His sex was indicated as “Female” rather
than “Male.” Jennifer goes to you and wants to correct the foregoing entries. He also wants to change his
first name from “Jennifer” to “Jefferson” because he is often confused for a female and many people tease
him about his feminine first name.

(a) What remedy/remedies would you advise Jennifer Reynes to avail of? Explain the reason for
availing of such remedy/remedies.
(b) Is publication a requirement for such remedy/remedies?

7. Mary Jane met Shiela May at the recruitment agency where they both applied for overseas
employment. They exchanged pleasantries, including details of their personal circumstances. Fortunately,
Mary Jane was deployed to work as front desk receptionist at a hotel in Abu Dhabi where she met Sultan
Ahmed who proposed marriage, to which she readily accepted. Unfortunately for Shiela May, she was not
deployed to work abroad, and this made her envious of Mary Jane. Mary Jane returned to the Philippines
to prepare for her wedding. She secured from the National Statistics Office (NSO) a Certificate of No
Marriage. It turned out from the NSO records that Mary Jane had previously contracted marriage with
John Starr, a British citizen, which she never did. The purported marriage between Mary Jane and John
Starr contained all the required pertinent details on Mary Jane. Mary Jane later on learned that Shiela May
is the best friend of John Starr. As a lawyer, Mary Jane seeks your advice on her predicament. What legal
remedy will you avail to enable Mary Jane to contract marriage with Sultan Ahmed?

8. A was adopted by B and C when A was only a toddler. Later on in life, A filed with the Regional
Trial Court (RTC) a petition for change of name under Rule 103 of the Rules of Court, as he wanted to
reassume the surname of his natural parents because the surname of his adoptive parents sounded
offensive and was seriously affecting his business and social life. The adoptive parents gave their consent
to the petition for change of name. May A file a petition for change of name? If the RTC grants the
petition for change of name, what, if any, will be the effect on the respective relations of A with his
adoptive parents and with his natural parents? Discuss.

9. Ernie filed a petition for guardianship over the person and properties of his father, Ernesto. Upon
receipt of the notice of hearing, Ernesto filed an opposition to the petition. Ernie, before the hearing of
the petition, filed a motion to order Ernesto to submit himself for mental and physical examination which
the court granted. After Ernie's lawyer completed the presentation of evidence in support of the petition

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and the court's ruling on the formal offer of evidence, Ernesto's lawyer filed a demurrer to evidence.
Ernie's lawyer objected on the ground that a demurrer to evidence is not proper in a special proceeding.

(a) Was Ernie's counsel's objection proper?

(b) If Ernesto defies the court's order directing him to submit to physical and mental examinations,
can the court order his arrest?

10. Hades, an American citizen, through a dating website, got acquainted with Persephone, a Filipina.
Hades came to the Philippines and proceeded to Baguio City where Persephone resides. Hades and
Persephone contracted marriage, solemnized by the Metropolitan Trial Court judge of Makati City. After
the wedding, Hades flew back to California, United States of America, to wind up his business affairs. On
his return to the Philippines, Hades discovered that Persephone had an illicit affair with Phanes.
Immediately, Hades returned to the United States and was able to obtain a valid divorce decree from the
Superior Court of the County of San Mateo, California, a court of competent jurisdiction against
Persephone. Hades desires to marry Hestia, also a Filipina, whom he met at Baccus Grill in Pasay City.

(a) As Hades' lawyer, what petition should you file in order that your client can avoid prosecution for
bigamy if he desires to marry Hestia?
(b) In what court should you file the petition?
(c) What is the essential requisite that you must comply with for the purpose of establishing
jurisdictional facts before the court can hear the petition?

11. After the accused was arraigned, the information amended to allege conspiracy. Is there a need to
re-arraign the accused?

12. What is the effect if there is no allegation of age and relationship between the offender and the
offended party in the Information in rape cases? May the court impose the penalty of reclusion perpetua if
both were proven beyond reasonable doubt?
13. The accused died while the case was pending appeal. What is the effect on the civil liability arising
from and based solely on the offense committed, AND, the civil liability predicated on a source other than
the crime such as those arising from law, contracts, quasi-contracts, and quasi-delicts?

14. When is preliminary investigation a matter of right?

15. Is the issuance of a warrant of arrest not ministerial?

16. If a minor is charged with murder, a capital offense, what is the effect on his right to bail?

17. The prosecution argues that the accused must first be arraigned before his petition for bail should
be acted by the court. Is arraignment necessary before any court acts on the petition for bail?

18. In a case of rape, the court ordered the accused to present evidence ahead of the prosecution.
State the effect.

19. Is the right against self-incrimination applicable to both natural and juridical persons?

20. The right against self-incrimination applies in fact-finding investigations or administrative

investigations. Is this true?

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21. Are these statements false? Explain in one sentence each:

a) Trial in absentia is allowed only after arraignment.

b) Judgment is generally void if the accused has not been arraigned.
c) There can be no arraignment in absentia.
d) If the accused went to trial without arraignment, but his counsel had the opportunity to
cross-examine the witnesses of the prosecution and after the prosecution, he was
arraigned, the defect was cured.
e) Lack or probable cause not a ground for motion to quash.

22. The defense contends that the accused need not appear when his motion to quash (MTQ) is filed
and heard. The prosecution contends otherwise. Decide.

23. If a case is dismissed before the prosecution could finish presenting its evidence or it is
preemptively dismissed, and the appellate court remands the case for further hearing or trial, cam the
accused invoke double jeopardy? Why?

24. An accused convicted of the crime of large-scale illegal recruitment. Is there double jeopardy if
she is prosecuted again for the crime of estafa?

25. The accused filed his demurrer to evidence without leave of court. Is he deemed to have waived
his right to present evidence if his demurrer to evidence is denied? May the court now also decide the civil
liability or civil aspect of the case?
26. If an information was filed in the RTC-Manila charging D with homicide and he was
arrested in Quezon City, in what court or courts may he apply for bail? Explain.

27. D was charged with murder, a capital offense. After arraignment, he applied for bail. The
trial court ordered the prosecution to present its evidence in full on the ground that only on the
basis of such presentation could it determine whether the evidence of D’s guilt was strong for
purposes of bail. Is the ruling correct? Why?

28. AX, a Makati-bound paying passenger of PBU, a public utility bus, died instantly on board the
bus on account of the fatal head wounds he sustained as a result of the strong impact of the
collision between the bus and a dump truck that happened while the bus was still travelling on
EDSA towards Makati. The foregoing facts, among others, were duly established on evidence-in-chief by
the plaintiff TY, sole heir of AX, in TY’s action against the subject common carrier for breach of
contract of carriage. After TY had rested his case, the common carrier filed a demurrer to
evidence, contending that plaintiff’s evidence is insufficient because it did not show (1) that
defendant was negligent and (2) that such negligence was the proximate cause of the
collision. Should the court grant or deny defendant's demurrer to evidence? Reason briefly.

29. RP and State XX have a subsisting Extradition Treaty. Pursuant thereto RP's Secretary
of Justice (SOJ) filed a Petition for Extradition before the MM RTC alleging that Juan Kwan is the
subject of an arrest warrant duly issued by the proper criminal court of State XX in connection with
a criminal case for tax evasion and fraud before his return to RP as a balikbayan. Petitioner prays that
Juan be extradited and delivered to the proper authorities of State XX for trial, and that to
prevent Juan's flight in the interim, a warrant for his immediate arrest be issued. Before the RTC
could act on the petition for extradition, Juan filed before it an urgent motion, in sum praying (1)

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that SoJ's application for an arrest warrant be set for hearing and (2) that Juan be allowed to
post bail in the event the court would issue an arrest warrant. Should the court grant or deny Juan's
prayers? Reason.

30. A was accused of homicide for the killing of B. During the trial, the public prosecutor
received a copy of the marriage certificate of A and B.

(a)Can the public prosecutor move for the amendment of the information to charge A with
the crime of parricide? (b) Suppose instead of moving for the amendment of the Information, the
public prosecutor presented in evidence the marriage certificate without objection on the part of the
defense, could Abe be convicted of parricide?

31. D was charged with theft of an article worth p15,000.00. Upon being arraigned, he
pleaded not guilty to the offense charged. Thereafter, before trial commenced, he asked the court to
allow him to change his plea of not guilty to a plea of guilt but only to estafa involving P5,000.00. Can
the court allow D to change his plea? Why?

32. A allegedly sold to B a parcel of land which A later also sold to X. B brought a civil action
for nullification of the second sale and asked that the sale made by A in his favor be declared valid. A
theorized that he never sold the property to B and his purported signatures appearing in the
first deed of sale were forgeries. Thereafter, an Information for estafa was filed against A based on the
same double sale that was the subject of the civil action. A filed a "Motion for Suspension of Action"
in the criminal case, contending that the resolution of the issue in the civil case would necessarily be
determinative of his guilt or innocence. Is the suspension of the criminal action in order? Explain.

33. The barangay captain reported to the police that X was illegally keeping in his house in the
barangay an Armalite M16 rifle. On the strength of that information, the police conducted a
search of the house of X and indeed found said rifle. The police raiders seized the rifle and
brought X to the police station. During the investigation, he voluntarily signed a Sworn
Statement that he was possessing said rifle without license or authority to possess, and a Waiver of
Right to Counsel. During the trial of X for illegal possession of firearm, the prosecution
submitted in evidence the rifle. Sworn Statement and Waiver of Right to Counsel. Individually rule on the
admissibility in evidence of the:

1. Rifle;
2. Sworn Statement; and
3. Waiver of Right to Counsel of X.

34. At the trial of Ace for violation of the Dangerous Drugs Act, the prosecution offers in

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evidence a photocopy of the marked P100.00 bills used in the “buy-bust” operation. Ace objects to
the introduction of the photocopy on the ground that the Best Evidence Rule prohibits
the introduction of secondary evidence in lieu of the original.

a) Is the photocopy real (object) evidence or documentary evidence?

b) Is the photocopy admissible in evidence?

35. What are the two kinds of objections? Explain each briefly. Given an example of each.
36. May a private document be offered and admitted in evidence both as documentary evidence and
as object evidence? Explain.

37. D was prosecuted for homicide for allegedly beating up V to death with an iron pipe.

A. May the prosecution introduce evidence that V had a good reputation for peacefulness and non-
violence? Why?
B. May D introduce evidence of specific violent acts by V? Why?

-Keep Safe Be Safe You all-