REMEDIAL LAW

MOCK BAR EXAM

8:00 AM – 12:00 PM

1. A files an action in the Municipal Trial Court against B, the

natural son of A’s father, for the partition of a parcel of land located
in Taytay, Rizal with an assessed value of P20,000.00. B moves to
dismiss the action on the ground that the case should have been
brought in the RTC because the action is one that is not capable of
pecuniary estimation as it involves primarily a determination of
hereditary rights and not merely the bare right to real property.
Resolve the motion.

2. What are the available remedies of a party declared in default?

A. Before the rendition of judgment?

B. After judgment but before its finality?

C. After finality of judgment?

3. What should the court do if, in the course of intestate

proceedings, a will is found and it is submitted for probate? Explain.

4. A. Define hearsay evidence.

B. What are the exceptions to the hearsay rule?

5. FG was arrested without a warrant by policemen while he was

walking in a busy street. After preliminary investigation, he was
charged with rape and the corresponding information was filed in
the RTC. On arraignment, he pleaded not guilty. Trial on the merits
ensued. The court rendered judgment convicting him. On appeal, FG
claims that the judgment is void because he was illegally arrested. If
you were the Solicitor General, counsel for the People of the
Philippines, how would you refute said claim?

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 6. The accused was charged with robbery and homicide. The
victim suffered several stab wounds. It appears that eleven (11) hours
after the crime, while the victim was being brought to the hospital in
a jeep, with his brother and a policeman as companions, the victim
was asked certain questions which he answered, pointing to the
accused as his assailant. His answers were put down in writing, but
since he was a in a critical condition, his brother and the policeman
signed the statement. Is the statement admissible as a dying
declaration? Explain.

7. 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 convicted of parricide?

8. Differentiate certiorari as an original action from certiorari as a

mode of appeal.

9. Widow A and her two children, both girls, aged 8 and 12 years
old, reside in Angeles City, Pampanga. A leaves her two daughters in
their house at night because she works in a brothel as a prostitute.
Realizing the danger to the morals of these two girls, B, the father of
the deceased husband of A, files a petition for habeas corpus against
A for the custody of the girls in the Family Court in Angeles City. In
said petition, B alleges that he is entitled to the custody of the two
girls because their mother is living a disgraceful life. The court issues
the writ of habeas corpus. When A learns of the petition and the writ,
she brings her two children to Cebu City. At the expense of B the
sheriff of the said Family Court goes to Cebu and serves the writ on
A. A files her comment on the petition raising the following defenses:

A. The enforcement of the writ of habeas corpus in Cebu City is

illegal; and

B. B has no personality to institute the petition. Resolve the

petition in the light of the above defenses of A.

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 10. A. Give three instances when a Philippine court can take
judicial notice of a foreign law.

B. How do you prove a written foreign law?

C. Suppose a foreign law was pleaded as part of the defense of

defendant but no evidence was presented to prove the existence of
said law, what is the presumption to be taken by the court as to
the wordings of said law"?

11. What are the requirements in order that an admission of guilt of

an accused during a custodial investigation be admitted in evidence?

12. After the requisite proceedings, the Provincial Prosecutor filed

an Information for homicide against X. The latter, however, timely
filed a Petition for Review of the Resolution of the Provincial
Prosecutor with the Secretary of Justice who, in due time, issued a
Resolution reversing the resolution of the Provincial Prosecutor and
directing him to withdraw the Information. Before the Provincial
Prosecutor could comply with the directive of the Secretary of Justice,
the court issued a warrant of arrest against X. The Public Prosecutor
filed a Motion to Quash the Warrant of Arrest and to Withdraw the
Information, attaching to it the Resolution of the Secretary of Justice.
The court denied the motion.

A. Was there a legal basis for the court to deny the motion?

B. If you were the counsel for the accused, what remedies, if any,
would you pursue?

13. P sued A in the RTC-Manila to recover the following sums: (1)

P200,000.00 on an overdue promissory note, (2) P80,000.00 on the
purchase price of a computer, (3) P150,000.00 for damages to his car
and (4) P100,000.00 for attorney’s fees and litigation expenses. Can A
move to dismiss the case on the ground that the court has no
jurisdiction over the subject matter? Explain.

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 14. Perry is a resident of Manila, while Ricky and Marvin are
residents of Batangas City. They are the co-owners of a parcel of
residential land located in Pasay City with an assessed value of
P100,000.00. Perry borrowed P100,000.00 from Ricky which he
promised to pay on or before December 1, 2004. However, Perry
failed to pay his loan. Perry also rejected Ricky and Marvin's
proposal to partition the property. Ricky filed a complaint against
Perry and Marvin in the RTC of Pasay City for the partition of the
property. He also incorporated in his complaint his action against
Perry for the collection of the latter's P100,000.00 loan, plus interests
and attorney's fees. State with reasons whether it was proper for
Ricky to join his causes of action in his complaint for partition against
Perry and Marvin in the RTC of Pasay City.

15. PJ engaged the services of Atty. ST to represent him in a civil

case filed by OP against him which was docketed as Civil Case No.
123. A retainership agreement was executed between PJ and Atty. ST
whereby PJ promised to pay Atty. ST a retainer sum of P24,000.00 a
year and to transfer the ownership of a parcel of land to Atty. ST after
presentation of PJ’s evidence. PJ did not comply with his
undertaking. Atty. ST filed a case against PJ which was docketed as
Civil Case No. 456. During the trial of Civil Case No. 456, PJ died.

A. Is the death of PJ a valid ground to dismiss the money claim of

Atty. ST in Civil Case No. 456? Explain.

B. Will your answer be the same with respect to the real property
being claimed by Atty. ST in Civil Case No. 456? Explain.

16. A. Juan filed with the Office of the Fiscal a Complaint for estafa
against Pedro. After the preliminary investigation, the Fiscal
dismissed the Complaint for lack of merit. May the Fiscal be
compelled by mandamus to file the case in court? Explain.

B. If an information was filed in the RTC-Manila charging Jose

with homicide and he was arrested in Quezon City, in what court or
courts may he apply for bail? Explain.

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17. A. What are the grounds for judgment on the pleadings?

B. A's Answer admits the material allegations of B's Complaint.

May the court motu proprio render judgment on the pleadings?
Explain.

C. A brought an action against her husband B for annulment of

their marriage on the ground of psychological incapacity, B
filed his Answer to the Complaint admitting all the allegations
therein contained. May A move for judgment on the pleadings?
Explain.

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