Training and Convention Division University of the Philippines Law Center SUGGESTED ANSWERS TO THE 2022 MOCK BAR EXAMINATIONS IN REMEDIAL LAW AND LEGAL ETHICS PART I (Cycle 1) 1 Mr. Norman Abayariis a naturalized American citizen of Mexican origin. He is a fugitive from justice in the US. Then, he established computer business in Naga City, Camarines Sur, Philippines. After about two (2) years, he became very popular in the community as a law abiding citizen. One day, he was arrested by the agents of the Bureau of Immigration (BI). The US government filed an extradition proceeding with the Department of Foreign Affairs (DFA) through the Bureau of Immigration against Mr. Abayari for having been convicted for violations of the antitrust law in California, Is Mr. Abayari entitled to bail under the circumstances? Explain your answer with reasons. (5 points) ANSWER: In GOvEHTinGHI OF the United States of Airichica Ve" PArganan, the Supreme Court made it clear that the constitutional provision on Bild esinotapply to extedlbion PRORBRIINGS. It is available only in criminal proceedings. According to the Court, as suggested by the use of the word ‘"€onwviction,” the constitutional provision on bail, as well as Section 4 of rule 114 applies only whena Se extradition proceedings because extradition courts do not render judgments of conviction or acquittal. However, [l@HGHESIaRSEPEEINSEREGAHES to apply for bail in this jurisdiction must be viewed in the light of various treaty obligations of the Philippines concerning respect for the promotion and protection of human rights. Under these treaties, the presumption lies in favor of human liberty. Thus, the Philippines should see to it that the right to liberty of every individual is not impaired. And to best serve the ends of justice, the Supreme Court believes and so hold that after a potential extaditee has been arrested or placed under the custody of the law, bail may be applied for and granted as an exception, only upon a clear and convincing showing (1) that, once granted bail, the applicant including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein. u A mutilated cadaver of a woman was discovered near a creek. Due to witnesses attesting that he was the last person seen with the woman when she was still alive, Judy Boy was arrested within five (5) hours after the discovery of the cadaver and brought to the police station. The crime laboratory determined that the woman had been raped. While in police custody, Judy Boy broke down in the presence of an assisting counsel and orally confessed to the investigator that he had raped and killed the woman, detailing the acts he had performed up to his dumping of the body near the creek. He UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 1 of 10was genuinely remorseful. During the trial, the State presented the investigator to testify on the oral confession of Judy Boy. Is the oral confession admissible as evidence of guilt? Explain. (5 points) ANSWER: No, Judy Boy’s oral confession i9MOEAMHISIDIE as evidence of guilt. Under Rule 133, Section 3 of the Revised Rules on Evidence, an extrajudicial confession made by an accused shall not be sufficient ground for conviction, jil&BSeeRTODoTa lL eden GCOHGS GAGE. To be admissible, an extrajudicial confession should comply with the following requisites: (1) the confession must be WOlliilary; (2) it must be made with the HRGEPERAEAECOUEA, preferably of the confessant's choice; (3) it must be and (4) it must be inwriling (People v. Cachuela, G.R. No. 191752, 10 June 2013) In this case, while the corpus delicti, ie., the mutilated cadaver of the victim was recovered, the fourth ‘FOGHIBIEE of an admissible extrajudicial confession MADSEN. Hence, Judy Boy's oral confession is inadmissible as evidence of his guilt. mI ABC Corp. filed an action with the Regional Trial Court to annul the title of a parcel of land against Spouses M&N in whose names the title appears, Judgment was rendered adjudging ownership of the land in favor of ABC Corp. Within fifteen (15) days from their receipt of the copy of judgment, M&N, through counsel, filed a petition for declaratory relief. If you are counsel for ABC Corp., how would ‘you argue against the petition. (5 points) ANSWER: Iwill argue that G6 eginRUSHGER PROPER ofa petition for declaratory relief. proper subject matter of a petition for declaratory relief. (Tanda v. Aldaya, G.R. No. L-9322-23, 30 January 1956) Vv After W was declared in default for not filing his answer to the complaint, the court after receiving, the evidence of V ex parte, rendered judgment ordering W to pay V P1,000,000.00 in moral damages and P100,000.00 as attorney's fees, W's counsel received a copy of the decision on March 1, 2020 and filed a notice of appeal on March 18, 2020. V's counsel filed a motion for execution. W's counsel opposed the motion for the issuance of a writ of execution, arguing that itis a mere scrap of paper as there is no notice of hearing. As counsel for V, how will you argue against the opposition? (5 points) ANSWER: I will argue that under Rule 15, Section 4(d) of the Revised Rules of Civil Procedure, a motion for the issuance of a writ of execution is which the court may act upon without prejudicing the rights of adverse parties, Hence, it need. ind the court shall resolve it thin peHOeST AVES /EAIGRASERAYS from receipt thereof. UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 2 of 10v Maria is the wife of Jose. One day, after attending a corporate meeting in Baguio City, Jose did not zetum to their residence in Antipolo City and instead lived at Cleveland Condominium in Makati City with his paramour. Maria filed with the Court of Appeals a petition for habeas corpus to have custody of her husband Jose. Rule on the petition. (6 points) ANSWER: The Petition for Habeas Corpus Under the Rules, the writ of habeas corpus shall extend to which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto. (Bagtas v. Santos, G.R. No. 166682, 27 November 2009) In this case, since Jose voluntarily cohabitated with his paramour, there is HO illégal| Conainement Or GBAESA which warrants the filing of habeas corpus. VI What is the writ of continuing mandamus? (5 points) ANSWER: Under Rule 1, Section 4 of AM. No. 09.6.85C, or the “Rules of Procedure in Environmental Cases,” a continuing mandamus is a writ issued by a court in an environmental case the government or officer thereot {SlSHOHTan GEESE /hich shall remain effective until judgment is fully satisfied. vo L extended to B a P100,000.00 loan covered by a promissory note, Later, B obtained another 100,000.00 loan also covered by a promissory note. Still ater, B obtained a P300,000.00 loan secured by a real estate mortgage on his land valued at P11,500,000.00. B defaulted on his payments when the loans matured. Despite demand to pay the P500,000.00 loan, B refused to pay L. Applying the totality rule, L filed with the Regional Trial Court (RTC) of Manila, a collection suit for P500,000.00 against B. At the trial, B's lawyer, while cross-examining L, successfully elicited an admission from the latter that the two promissory notes have been paid. Thereafter, B's lawyer filed a motion to dismiss the case on the ground that as proven only P300,000.00 was the amount due to L, and which claim is within the exclusive original jurisdiction of the Metropolitan Trial Court. He further argued that lack of jurisdiction over the subject matter can be raised at any stage of the proceedings. Should the court dismiss the case? (5 points) ANSWER: The court Shula HOF dismiss the case, Jurisprudence dictates that the jurisdiction of the court over the subject matter of an action is termined ye alle AHOTSTOR HC CORplARNE anc HOEDVIEETEIESEPOOE presented during trial. (Foronda-Crystal v. Son, G.R. No. 221815, 29 November 2017) UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 3 of 10In this case, based on the allegations in the Complaint, L’s claim is Php500,000.00, which is within the jurisdiction of the RTC of Manila. The admission elicited by B’s lawyer regarding the payment of the amounts subject of the two promissory notes shall only be taken into consideration in the court's resolution of the case, after trial. VIL Alfie Bravo filed with the RTC of Caloocan a complaint for a sum of money against Charlie Delta. ‘The claim is for Php1,500,000.00. The complaint alleges that Charlie borrowed the amount from Alfie and duly executed a promissory note as evidence of the loan. Charlie's office secretary, Esther, received the sumunons at Charlie's office. Charlie failed to file an answer within the required period, and Alfie moved to declare Charlie in default and to be allowed to present evidence ex parte. Ten days later, Charlie filed his verified answer, raising the defense of full payment with interest. Was there proper and valid service of summons on Charlie? (5 points) ANSWER: There 55) PEESEAESGEEURIRTGHEsince there was no compliance of the requirements for substituted service. Under Rule 14, Section 6 of the Revised Rules of Civil Procedure, if, for justifiable causes, the defendant cannot be served persornly AEE AE ISERIES GY ates i FIO) GER GAR, service may be made by leaving, copies of the summons at the defendant's office or regular place of ‘business with some competent person in charge thereof. In thiscase, substituted sevice of unos TE STS WSS TSNENTETAS SGHAERGHE upon the person of the defendant. x May a person be charged with and subsequently convicted of two or more offenses in a single information? Discuss. (5 points) ANSWER: Yes, if the person fails to file his motion to quash the information betore the arraignment on the ground of duplicity of the offense charged. the Rules of Criminal Procedure provides that an information filuistehange except when the law prescribes a single punishment for various offenses, Thus, Rule 117, Section 3 (f) of the Rules of Criminal Procedure states that the accused may move to quash the information on the ground that it charges more than one offense. information must be asserted before arraignment, otherwise, However, RUS/TI7/SEeliow|lof the same rule provides that this ions for the quashal of the UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 4 of 10x A. Brothers Jimmy and Joey Rana were abducted by military men belonging to the Citizen Armed Force Geographical Unit (CAEGU) on the suspicion that they were members and supporters of the New People’s Army (NPA), After 18 months of detention and torture, the brothers escaped. Thereafter, they filed a Petition for Writ of Amparo, with a prayer for a Production Order to compel the Secretary of National Defense and AFP Chief of Staff to furnish them and the court with official and unofficial investigation reports as to the Ranas’ detention. The Secretary of National Defense and AEP Chief of Staif argued that the production order sought by the Ranas partakes of the characteristics of a search warrant, and hence, must comply with the requisites for the issuance of a search warrant. Rule. (2.5 points) B. Jimmy and Joey were instead detained and tortured by the private personal bodyguards of Govemor Kotong Pulgas. These bodyguards claim that since they are not government agents, they are not within the coverage of a writ of amparo. Rule, (2.5 points) ANSWER: a. The Secretary of National Defense and AFP Chief of Staff are WONG. A search warrant which is issued upon proof that there is probable cause that a crime has been committed and that the objects sought in connection with the offense are in the place sought to be searched. On the other hand, in Yano v. Sanchez (G.R. No. 188640, 11 February 2010), the Supreme Court ruled that a production order i eae eee at the courts may grant in order to, among others, protect the witnesses and the rights of the parties, and preserve all relevant evidence. Hence, a Under Section 14 (c) of AM. No. 07-9-12-SC, or the “Rule on the Writ of Amparo,” a production order shall be issued upon verified motion and after due hearing against any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electric form, which constitute or contain evidence relevant b. The private personal bodyguards of Governor Kotong Pulgas are ifieomeel, Section 1 of Rule on the Writ of Amparo states that the petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or Hence, it is applicable to private individuals, such as the bodyguards of Governor Kotong Pulgas. XI Prosecuted for qualified theft, AA was advised that he can move to dismiss the case after the prosecution has finished presenting all its evidence. How may this be done by XX, counsel of AA? Explain. (5 points) UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 5 of 10ANSWER: XX may ile «EGER ENCE GRIEENGETIOPSEAGAI ofthe Rules of Criminal Procedure, with or without leave of court, A demurrer to evidence is Aj inGHi6n 1 dismiss Omi Hie Bound OF insMTICIENEW OF EVIE. It is a remedy available to the defendant, to the effect that the evidence produced by the plaintiff is insufficient in point of law, whether true or not, to make out a case or sustain an issue. The question ina demurrer to evidence is whether the plaintiff, by his evidence in chief, had been able to establish a prima facie case. Sulficient evidence for purposes of frustrating a demurrer thereto is such evidence in character, ‘weight or amount as will legally justify the judicial or official action demanded according to the circumstances. To be considered sutficient therefore, the evidence must provell(@)/the|CommissiOn OF XID Spouses Odones filed a complaint with the RTC for annulment of deed, title and damages against Spouses Limos. The complaint alleged that Spouses Odones are the owners of a 940-square meter parcel of land by virtue of an Extrajudicial Succession of Estate and Sale executed in 2004 by the surviving grandchildren and heirs of Donata Lardizabal in whom the original title to the land was registered. These heirs were Soledad Razalan Lagasca, Ceferina Razalan Cativo, Rogelio Lagasca Razalanand Dominador Razalan (collectively, the “Heirs"). Complainants likewise alleged that when they were supposed to register the an Extrajudicial Succession of Estate and Sale, they discovered that a title over the same parcel of land had been issued in favor of Spouses Limos by virtue of a Deed of Absolute Sale allegedly executed by Donata Lardizabal and her husband Francisco Razalan in 1972. A. Are the Heirs indispensable parties to the case? (6 points) B. Rule on Spouses Limos’ affirmative defense. (5 points) ANSWER: a. NO. Under RUSB/SSCHONITlof the Revised Rules of Civil Procedure, an indispensable party is a party in interest without whom no final determination can be had of an action. An action for annulment of title goes into the issue of ownership of the land covered by a Torrens title, hence, the relief generally prayed for by the plaintiff is to be declared as the land's true owner. Thus, = Since the Heirs are not claiming title or ownership adverse to either Spouses Odones or Spouses Limos, they are not real party-in-interest, much less indispensable parties to the case. b. Spouses Limos’ indispensable parties, 1 Te ‘laimed to be indispensable. The failure to implead indispensable parties is nd the foreign origin of our present rules on indispensable parties permitted this corrective measure. (Pacafia-Contreras v. Rovila Water Supply, Inc, GR. No. 168979, 2 December 2013) Even assuming that the Heirs are UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 6 of 10XU Judgment was rendered against defendant Jaypee in an action for unlawful detainer. The judgment ordered Jaypee to vacate and to pay attorney’s fees in favor of Bart, the plaintiff. To prevent the immediate execution of the judgment, will you advise the filing of a motion for reconsideration and posting of a supersedeas bond as counsel for Jaypee? Explain your answer briefly. (5 points) ANSWER: | will advise fhe Alig 6Fan appeal With HE RTC, not a motion for reconsideration, and the posting of a supersedeas bond. of the Revised Rules of Civil Procedure states that if judgment is rendered against the defendant, approved by the Municipal Trial Court and executed in favor of the plaintiff to pay the rents, damages, and costs accruing down. to the time of the judgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent due from time to time under the contract, if any, as determined by the judgment of the Municipal Trial Court, XIV D filed his complaint for annulment of contract against E who filed a motion to dismiss based on the ground that the complaint fails to state a cause of action. The court granted the motion. A Is the court correct? (2.5 points) B. Instead of filing a motion to dismiss, E filed his answer. D moved the court to render a judgment on the pleadings as the answer admits the material allegations of the complaint. The court denied the motion of D, What remedy, if any, is available to D? (2.5 points) ANSWER: a. Under RileIS)/S8eH6RI2)of the Revised Rules of Civil Procedure, a motion to dismiss on the ground that the complaint fails to state a cause of action is a Prohibited MOHON. Only the following grounds are allowed to be raised in a motion to dismiss: (a) that the court has HGbECERIAUEEOEINGEIAI () there is etween the same parties for the same cause; and (c) that the cause of action has been Hence the court is inconect in granting the motion, b. D may file a motion for reconsideration of the court's order. However, under Rule 34, Section 2 of the Revised Rules of Civil Procedure, @hiy/a&tion! Of ike court on! almotion) for judgment onde or petition for certiorari, prohibition or mandamus. Hence, should j UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 7 of 10xv ‘The Republic of the Philippines, through the Department of Public Works and Highways (DPWH), filed with the RTC a complaint for expropriation over a parcel of land owned by Jerome. The land is to be used as an extension of the NLEX. Attached to the complaint is a bank certificate showing that there is, on deposit with the Land Bank of the Philippines, an amount equivalent to the assessed value of the property. Jerome filed a motion to dismiss the complaint on the ground that there are other properties which would better serve the purpose. Will Jerome's motion to dismiss prosper? Explain. ( points) ANSWER: Ni sf the Rules on Special Proceedings governing expropriation which must be filed on or before the time stated in the summons, Defendant's objections and defenses|should be pleaded ii his @HSWEF not in a motion to dismiss. XVI The Sangguniang Panglunsod of Manila passed an ordinance prohibiting the sale of "balut" within 100 meters from any school, providing penalties therefor in case of violation. The Balut Vendors Association of Tondo, Inc. filed a petition for prohibition with the Regional Trial Court of Manila to stop the implementation of the ordinance. Rule on the petition. (5 points) ANSWER: The nce the actions of the Sangguniang Panghinsod of Manila is. Under Rule 65, Section 2 of the Revised Rules of Civil Procedure, the requisites of a petition for prohibition are: (a) it must be directed against a GibiiiAl//GPOIGON) boaid/G pasGn exerCSIAG ; (b) the tribunal, corporation, board or person has acted without or in excess of its jurisdiction, or with grave abuse of discretion; and (c) there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law. Inthiscase, the Sangguniang Panglunsod of Manila does not SRE TST nCEORE. Hence, its issuance of an ordinance prohibiting the sale of “balut” within 100 meters from nay school is not the proper subject of a petition for prohibition. xvi Caloy, along with others, was charged with plunder. When arraigned, he pleaded guilty. The Court convicted him and sentenced him to reclusion perpettia. Discuss whether the judgment of conviction is correct. (5 points) ANSWER: The judgment is #088. Plunder is capital offense punishable by rectusion perpetua. As provided in Rule 116, Section 3 of the Rules on Criminal Procedure, the court should have conducted @)Bearehing linguiny into) ENE UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 8 of 10‘voluntatiness and ind required the prosecution to prove his guilt and the precise degree of culpability. The court XVIIL In the Notice of Pre-Trial sent to plaintiff V and defendant W, the court indicated the following dates: Pre-Trial - March 20, 2020 Mediation - April 20, 2020 Judicial Dispute Resolution (if Mediation fails) - May 20, 2020. V appeared with his counsel at the pre-trial but failed to appear at the mediation. If you are W's counsel, what action will you take? (5 points) ANSWER: [will nove fr the GS SEUSS WHERE. ‘RulelS)/Seetion/Slof the Revised Rules of Civil Procedure states that a plaintiff's failure to appear during the pre-trial conference without valid pieiidiGe. Moreover, under Rule 18, Section 3 of the Revised Rules of Civil Procedure, non- appearance of any party atthe Sua be deemed SSiGta Sat anee ae pS In addition thereto, A.M. No. 01-10-5SC-PHILJA dated 16 October 2001, otherwise known as the “Second Revised Guidelines for the Implementation of Mediation Proceedings,” also provides for other sanctions such as censure, reprimand, contempt, and such other sanctions as are provided under the Rules of Court for failure to appear during the pre-trial conference. XIX X leased from Y a house and lot for a monthly rental of Php50,000.00 payable yearly for 5 years. On the 3rd year of the lease, Y died and left his two sons, A and B, as his heirs, A demanded from X the payment of the rent to him. B made a similar demand, Confused, X seeks legal advice from you inquiring as to the proper remedy he may resort to protect his lease and possession of the property. Discuss the proper remedy, if any. (5 POINTS) ANSWER: X should file a SB6GiaNGHil AGHOn FoninteNpleAde. Under the Rules, interpleader is a proper remedy Whenever Conflicting Cains upon thie samie subject who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conilicting claimants to compel them to interplead and litigate their several claims among themselves. UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 9 of 10-NOTHING FOLLOWS- UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 10 of 10