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JayArhSals
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
REMEDIAL LAW
Compiled and Arranged By:
Salise, Hector Christopher Jay-Arh Jr. M.
(University of San Jose-Recoletos School of Law)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 1 of 198
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JayArhSals
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers forum sites from 2011-2013
and not an original creation or formulation of the author.
The author was inspired by the work of Silliman Universitys
College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this
work, however, the author accepts no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are
solely those of the authors in the given references and do not
necessarily represent those of the author of this work.
The Author
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
TABLE OF CONTENTS
(Titles are based on Sillimans Compilation [Arranged by Topic])
General Principles
Rights of the Accused; Miranda Rights (2010)..10
Jurisdiction
Error of Jurisdiction vs. Error of Judgment (2012)10
Jurisdiction; Over the Plaintiff, Subject Matter (2009).10
Jurisdiction; RTC (2009).11
Jurisdiction; RTC; Counterclaim (2008)..12
Jurisdiction; RTC; MeTC (2010)..13
Katarungang Pambarangay; Parties (2009).14
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 4 of 198
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JayArhSals
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 5 of 198
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JayArhSals
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 6 of 198
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JayArhSals
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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Summary Procedure
Prohibited Pleadings (2010)96
Miscellaneous
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 8 of 198
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Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 9 of 198
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General Principles
JayArhSals
(2010)
Jurisdiction
Error
Judgment (2012)
apprehended.
to
three
hours
of
non-stop
of
whether
"he
prayed
for
vs.
Error
of
that
Jurisdiction
of
invoked
SUGGESTED ANSWER:
presence
Matter (2009)
of
his
counsel.
The
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 10 of 198
No.III.
Amorsolo,
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Filipino
citizen
JayArhSals
filed
motion
to
dismiss
the
SUGGESTED ANSWER:
The second ground raised is also without
merit
because
litigation,
the
Rescission
subject
of
of
Contract,
the
is
SUGGESTED ANSWER:
two
The
first
ground
raised
lacks
merit
parcels
of
land;
one
situated
in
filing
of
plaintiffs
complaint
in
civil
actions
which
property
P19,700.00;
original
exclusive
and
or
any
interest
therein
is
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Page 11 of 198
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JayArhSals
Venue;
Real
Actions,
Infra
JayArhSals]
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
situated,
in
either
in
Pampanga
or
the
violation
of
the
terms
and
defendant
who
raises
permissive
One
compelling
test
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 12 of 198
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JayArhSals
between
2006).
the
claim
alleged
in
the
counterclaims.
for
permissive
purchase
docket
fees
Ramon
only
price
is
on
of
his
30
liable
units
of
air
neither
connected
arises
with
out
the
of
nor
is
transaction
it
or
25,
R.A.
1994,
7691,
the
approved
jurisdictional;
SUGGESTED ANSWER:
His counterclaims can continue to be
prosecuted or may be pursued separately
at his option (Sec. 6, Rule 16; Pinga vs.
Heirs
of
No.
G.R.
No.
138822,
23
January 2001).
and
defenses?
consignee,
loaded
on
the M/V
SUGGESTED ANSWER:
the
same
or
separate
action
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 13 of 198
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SUGGESTED ANSWER:
The contention of B is correct: As
contention is wrong. It was A
SUGGESTED ANSWER:
pleaded
the
Bill
of
Lading
actionable
sum
exceeding
Manila,
interest,
litigation
by
the
Bill of Lading.
money
P300,000.00
or
P400,000.00,
damages,
claim
thereof
not
in
exclusive
attorneys
for
shall
Metro
fees,
damages,
be
of
the
amount
considered
the
latter
does
not
where
an
of
document
as
who
the
impugn
the
in
Circular
No.
09-94,
June
14,
Katarungang
Pambarangay;
Parties
1994).
(2009)
P10,000.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 14 of 198
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JayArhSals
esteem,
suffered
embarrassment
and
SUGGESTED ANSWER:
of
the
therein.
controversy
situated
The
required
remedies:
municipality.
no
major
that
hospitalization.
did
not
However,
require
she
the
defendant
corporation
is
Patty
where
Fortunately,
lost
any
self-
Rules of Court).
b) She may also file an action to recover
moral damages based on quasi-delict
under Article 2176 of the New Civil
Code. The law states that, whoever by
act
or
omission
causes
damage
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 15 of 198
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the
JayArhSals
as
aggregate
of
the
claims
for
besmirched
reputation,
Cars
incapable
and
of
pecuniary
computation,
for P 5.0M.
tinted
by
ABC
XYZ
Cars,
before
Detailing.
When
are
the
proximate
result
of
the
and
on
what
cause(s)
of
action?
Explain. (5%)
SUGGESTED ANSWER:
can
file
an
action
for
specific
therefore
the
condition
bridges,
of
roads,
streets,
New
prior
Civil
to
the
Code,
transfer
those
of
who
Page 16 of 198
can
sue
ABC
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Cars
for
specific
JayArhSals
the latter.
ALTERNATIVE ANSWER:
civil
action
of
certiorari,
SUGGESTED ANSWER:
FALSE.
The
jurisdiction
trial
after
court
has
perfection
of
lost
the
cited
in
General
Corporation-Independent
Milling
Labor
Union
ALTERNATIVE ANSWER:
FALSE,
because
the
appeal
may
be
SUGGESTED ANSWER:
Any party may appeal from the final
judgment or order to the Supreme Court
by way of a petition for review on
certiorari under Rule 45 of the Rules of
Court. the period of appeal shall be five
(5) working days from the date of notice
of the adverse judgment, and the appeal
may raise questions of fact or law or
No.
07-9-12-SC,
25
September
2007).
following:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 17 of 198
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JayArhSals
SUGGESTED ANSWER:
No.VIII.
On
July
Manananggol
was
15,
2009,
served
copies
numerous
the
of
Reorganization
Act
judgments
of
Judiciary
unfavorable
Atty.
and
the following:
SUGGESTED ANSWER:
registration?
banc.
The
decisions
of
the
Court
of
Tax
notice
appeal
procedure,
the
decision
of
of
judgment
or
final
order
By
certiorari
verified
petition
under
Rule
for
45,
review
on
with
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 18 of 198
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JayArhSals
petition
for
habeas
corpus
in
Modes
of
Appeal;
RTC,
CA
SUGGESTED ANSWER:
(2009)
SUGGESTED ANSWER:
petition
the
for
Metropolitan
certiorari
Trial
questioning
Courts
denial
of
SUGGESTED ANSWER:
or part thereof
appeals
(Majestrado
vs.
People,
527
of
judgment
or
final
order
appeals
proceeding,
or
record
is
special
on
appeal
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 19 of 198
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JayArhSals
days
of
instead rendered an
decision?
but
30
days
from
notice
amended decision
SUGGESTED ANSWER:
extendible.
appeal
to
the
Court
of
of
the
amended
ruling
or
lawful
fees
required
with
the
No.XXI.A.
reasons.
Compare
the
certiorari
SUGGESTED ANSWER:
Appeals; Second Notice of Appeal (2008)
The
certiorari
jurisdiction
of
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 20 of 198
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JayArhSals
take
the
power.
jurisdiction
corrective
exercise
of
action
its
Constitutional
through
judicial
certiorari
no
appeal
can
against
violated.
double
be
made
therefrom.
jeopardy
would
be
discretion
amounting
to
lack
or
branch
or
instrumentality
of
the
with
prosecution
leave
was
of
allowed
court.
to
the
comment
requires
leave
of
court,
prosecution
court
files
motion
for
is
required
for
filing
such
cases,
when
such
demurrer.
(2)
SUGGESTED ANSWER:
In
criminal
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 21 of 198
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JayArhSals
the plaintiff.
if
the
plaintiff
appealed
such
SUGGESTED ANSWER:
As counsel for B lines (which gave notice
to take the deposition), I shall proceed
as follows:
(a) Find out why A failed to appear at the
deposition taking, despite notice;
set
another
date
for
taking
the
deposition.
Discovery; Modes of Discovery; Refusal
to Comply (2010)
and
consignee,
loaded
on
the M/V
court.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 22 of 198
Discovery; Production
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and Inspection
(2009)
privileged,
JayArhSals
the
detailed
list
of
No.XIII.A.
Continental
Chemical
which
information
pay
for
its
purchases
of
industrial
expressly
an
makes
privileged
exception
from
its
it
refused
to
pay
because
CCC
Amorsolo,
Filipino
citizen
SUGGESTED ANSWER:
and
chemical
components
of
CCCs
Brigod
filed
motion
to
dismiss
the
forum
would
because
eventually
be
exposed
to
shopping
there
are
is
fatally
no
defective
accompanying
certification
CCCs
proprietary
rights.
issued
by
the
Philippine
Being
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 23 of 198
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JayArhSals
SUGGESTED ANSWER:
(5%)
of
the
verification
and
the
document,
is
likewise
officers,
whether
of
the
SUGGESTED ANSWER:
On the assumption that the judgment
had been final and executory for more
than five (5) years as of As return to the
Philippines
seven
(7)
years
later,
an
action
to
enforce
the
judgment is required.
Judgment;
Execution;
Judgment
No.VII.
Cresencio
sued
Dioscoro
for
Dioscoro
died.
Atty.
Cruz,
(2007)
Philippines,
seven
years
later,
the
Dioscoros
designated
estate
be
administrator
of
substituted
as
representative party.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 24 of 198
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JayArhSals
Municipal
become
moved
final
for
execution
and
the
executory,
issuance
against
of
Dioscoros
Cresencio
a
writ
of
estate
to
Trial
Court
(MTC)
rendered
proper? Explain.
Execution shall issue immediately upon
motion, unless Mike (a) perfects his
SUGGESTED ANSWER:
supersedeas
excess
of
jurisdiction,
since
the
bond
to
pay
the
rents,
(c)
deposits
monthly
with
the
RTC
in
settlement
ejected
his
favor
in
the
Mike
from
the
premises,
thus
SUGGESTED ANSWER:
Mike
because
failed
to
pay
six
months
rent,
the
execution
of
the
RTC
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 25 of 198
eviction
of
the
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defendant
from
JayArhSals
the
not
parties
to
the
case.
Is
the
Execution;
Successors
in
Interest (2008)
SUGGESTED ANSWER:
As a general rule, no stranger should be
entirety
and
transferring
the
tax
before
the
case
was
filed
Nina.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 26 of 198
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JayArhSals
between
the
parties
successors-in-interest
and
their
by
title
be executed.
in
the
Philippines
under
those
rules?
(a)
recognition
What
and
are
the
rules
enforcement
on
of
the
foreign
of
lack
of
unless
otherwise
judgments
repelled
by
above-stated.
SUGGESTED ANSWER:
by
repelled
SUGGESTED ANSWER:
and
pursuant
to
the
York
Convention
on
the
of
the
foreign
arbitral
Page 27 of 198
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JayArhSals
jurisdiction,
subject
to
our
procedural laws.
SUGGESTED ANSWER:
The Plaintiff should file a Motion for
Judgment on the Pleadings because the
request
judgment
of
of
competent
Court).
or
order
foreign
of
courts
tribunal
of
for
admission
results
to
an
Plaintiff
files
admission
and
serves
Defendant
who
fails,
with
counterclaim,
Ernesto
request
for
same
on
the
time
Modesto
who
really
Modesto
filed
an
counterclaim
within
the
at
the
owes
answer
admitting
pre-trial,
him
to
that
Modesto
P1.5M.
Ernestos
he
marked
owed
and
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 28 of 198
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sum
summarily
less
JayArhSals
than
be
what
was
proved
claimed
by
affidavits,
SUGGESTED ANSWER:
Modestos motion for judgment on the
pleadings should be denied. While it is
true that under the actionable document
rule, Ernestos failure to deny under
oath the promissory note in his answer
amounted to an implied admission of its
genuineness
and
due
execution,
his
should
be
denied
because
to
the
genuineness
and
due
judgment
of
Ernestos
the
instrument.
Thus,
judgment
answer
may
to
be
granted.
Ernestos
should
be
denied
because
established
by
documentary
evidence.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 29 of 198
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JayArhSals
(b)
defendant
has
been
from
the
judgment
subsequently
may
also
simply
pay
the
amount
SUGGESTED ANSWER:
Having
favorable
against
Patricio,
obtained
Orencio
sought
the
with
assessment
same rate.
interests
of
and
1%
taxes
monthly,
paid
by
plus
the
Pleadings;
Amendment
of
Complaint
(2009)
Page 30 of 198
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JayArhSals
be
brought
already
commenced
and
two
Order
after
the
pre-trial
terminated and
had
SUGGESTED ANSWER:
sought
SUGGESTED ANSWER:
in
by
the
witnesses,
to
allow
an
actions
modification
injustice.
is
explicit
of
the
in
allowing
pre-trial
Order
Pleadings;
(2008)
Amendment
of
Complaint
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 31 of 198
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JayArhSals
complied. In his
filed
instead
supplemental
that
should
have
already
2005).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 32 of 198
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JayArhSals
SUGGESTED ANSWER:
P1,000,000
collector
claim
Complaint.
moved
her
counterclaim,
from
antique
despite
for
the
the
Answer
dismissal
dismissal
thereto
the
of
of
and
dismissal
the
his
with
of
the
filed
her
pagoagreement
vintage
be
she
his counterclaim x x x x.
termed
in
in
February
which
"frivolous
2009
her
lawsuit."
She
limited
to
the
complaint.
The
and
judgment
was
rendered
against
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 33 of 198
The
Sheriff,
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however,
of
ivory
image
of
Familia estimated
on
request
JayArhSals
the La
to
be
Sagrada
worth
over
6, Rules of Court).
P1,000,000.
Was the Sheriffs action in order? (3%)
Pleadings; Motion (2007)
SUGGESTED ANSWER:
should
not
have
listened
to
SUGGESTED ANSWER:
Court).
part
thereof
may
be
levied
upon,
the
(2008)
judgment
obligor,
Mercedes,
not
No.V.
Within
the
period
for
filing
(a)
Did
the
judge
gravely
abuse
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 34 of 198
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JayArhSals
SUGGESTED ANSWER:
Pleadings;
Motions;
Omnibus
Motion
Rule (2010)
of
Lapu-Lapu
for
City,
damages against
filed
Atlanta
Answer
without
raising
improper
account
the
which
she
maintained
in
the
such
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 35 of 198
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JayArhSals
civil
actions
convenience
is
of
defined
the
for
parties,
the
nay
jurisdictional.
Explain. (3%)
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
The omnibus motion rule should not
venue
apply,
because
the
improper
motion
rule
from
raising
counsel
of
the
bank,
shall
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 36 of 198
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JayArhSals
Subpoena;
Viatory
Right
of
Witness
(2009)
and
the
page
containing
the
Rose?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
where
he
is
to
testify.
It
is
by
publication
(Perez
vs.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 37 of 198
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SUGGESTED ANSWER:
JayArhSals
Summons,
provide
only
for
serving
service
in
accordance
with
Sec.
SUGGESTED ANSWER:
No. There is no showing that earnest
efforts were exerted to personally serve
the summons on the defendant before
ALTERNATIVE ANSWER:
substituted
service
was
resorted
to:
improper.
other
manner
the
court
may
deem
sufficient.
cannot
be
served
with
the
substituted
reasonable
service
time
may
be
that
made.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 38 of 198
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JayArhSals
fact
This
of
Math-Agro
that
service
such
efforts
(Galura
failed.
vs.
substituted
valid.
3) if he discovered the default after the
In Gentle Supreme Philippines, Inc. vs.
Ricardo
Consulta,
G.R.
No.
183182,
has
Longspan
been
presented
by
Builders,
Inc.
him.
(B.D.
vs.
R.S.
SUGGESTED ANSWER:
If Charlie is declared in default, he has
the following remedies to wit:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 39 of 198
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JayArhSals
discretion
when
it
declared
the
trial court?
SUGGESTED ANSWER:
The Court of Appeals may act as a trial
190754,
6, Rule 47)
November
17,
2010,
the
but
before
the
defendant
is
Thus,
it
was
error
to
declare
the
verified
answer
raising
only
the
its
original
and
appellate
9-12-SC)
(2008)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 40 of 198
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JayArhSals
Tarlac
Philippines
and
Nueva
vs.
Ecija,
where
Rosemoore
the
Mining
&
conveyance
or
transfer
of
real
of
improperly
laid
venue,
it
325 [2002])
either
1999).
SUGGESTED ANSWER:
No, the action will not prosper because it
was filed in the wrong venue. Since the
action for reconveyance is a real action,
in
tarlac
However,
or
an
in
Nueva
Ecija,
improperly
laid
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 41 of 198
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57),
JayArhSals]
account
an
JayArhSals
application
of
for
improper,
damages
on
irregular,
or
nothing
shall
prevent
the
defendant
sufficient
or
substantial
the
Inc.
favor by
Porfirio
filed
prejudice
due
to
deposit
vs.
given
by
Readycon
the
latter
Trading
be
&
June 2004).
No.VII.
SUGGESTED ANSWER:
Porfirios motion to charge the plaintiffs
attachment bond is proper. The filing of
the counterbond by the defendant does
not mean that he has waived his right to
(a)
The
writ of
execution
was
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 42 of 198
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JayArhSals
ALTERNATIVE ANSWER:
satisfaction
1405).
of
the
judgment
the
kinds
of
Attachment:
execution,
warrant
of
seizure
and
SUGGESTED ANSWER:
PRELIMINARY
ATTACHMENT-
is
time
to
appear
before
the
court
and
be
before
entry
judgment
where
party
Philippines,
and
ALTERNATIVE ANSWER:
is
about
where
bond
preliminary
discharged
to
is
depart
the
he has intent to
required
attachment
upon
from
the
before
the
issues.
It
is
payment
of
counterbond.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 43 of 198
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JayArhSals
WARRANT
may
royalties,
delivery
or
thereunder,
credits
the
shall
levy
debts,
that
the
be
are
credits,
in
garnishee
delivered
to
the
control
holds
the
for
judgment
OF
SEIZURE-
yet
the
is
normally
description
is
is
action
certified
court
bank
check
or
any
other
known,
or
has
where
any
court
already
the
within
been
filed,
criminal
action
the
the
is
pending.
deficiencies
or
property
delinquencies
to
be
sold
in
in
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 44 of 198
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Injunction;
(2009)
JayArhSals
Preliminary
Injunction
certificate
rem.
the
description
of
the
SUGGESTED ANSWER:
FALSE. A suit for injunction is an action
Attachment;
Preliminary
Attachment
(2012)
110
[1974]),
it
was
order
like
held
restraining
sum
the
court
of
money.
Alleging
fraud
in
except
where
an
that
injunction,
by
statutory
SUGGESTED ANSWER:
I will grant the motion since no levy on
unless
it
contemporaneously
is
preceded
accompanied
by
62-71)
or
the
reversed
accused's
the
petition
for
investigating
review,
prosecutor's
Page 45 of 198
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JayArhSals
of
the
findings
prosecutor
of
during
the
investigating
the
preliminary
ALTERNATIVE ANSWER:
therefore, granted."
SUGGESTED ANSWER:
and
Information
(on
the
Certiorari;
Petition
for
Certiorari;
Contempt (2012)
the
duty
to
make
an
independent
condominium
recommendation
Secretary.
of
the
unit,
who
lost
in
an
Page 46 of 198
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JayArhSals
SUGGESTED ANSWER:
with
the
Land
Bank
of
the
Explain
lawful
writ,
process,
order,
SUGGESTED ANSWER:
NO.
Defendants
of
Segundo
Simeon,
161
SCRA
1;
the
present
Rule
objections
of
and
Procedure
defenses
motion.
April 8, 1988).
(b) As judge, will you grant the writ of
possession prayed for by DPWH? Explain
Expropriation; Motion to Dismiss (2009)
No.XIV.A. The Republic of the Philippines,
through the department of Public Works
SUGGESTED ANSWER:
NO. the expropriation here is governed
by Rep. Act No. 8974 which requires
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 47 of 198
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JayArhSals
the
such
national
under expropriation.
amount
deposit
is
deposited.
made,
Before
the
in
nature
seeks
to
recover
the
summary
possession
proceedings,
of
any
land
the
or
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 48 of 198
intimidation,
hectorchristopher@yahoo.com
threats,
strategy,
or
stealth.
JayArhSals
However,
before
instituting
the
said
No.X.
(a)
RC
filed
complaint
for
counterclaim
Barangay
no
conciliation
Chairman.
Pambarangay
If
under
Law,
there
the
I
is
Katarungang
will
secure
for
actual
damages
and
SUGGESTED ANSWER:
Procedure).
absence
thereof
in
the
Banks
allege
prior
the
that
physical
Spouses
possession
dispossession
was
Juan
had
and
that
due
to
force,
year
of
entitled
from
to
unlawful
restitution
deprivation
of
possession
forum
shopping.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 49 of 198
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R.A.
against
jurisdiction
forum
shopping
should
be
granted.
JayArhSals
No.
7691,
however,
vested
over
specified
accion
Trial
Courts,
Municipal
the
complaint
for
lack
of
for
damages
of
Marcelinos
unlawful
retention
property.
Marcelino
filed
500,000
a
for
of
the
motion
to
Marcelino correct?
SUGGESTED ANSWER:
No,
Metropolitan
or
Municipal
trial
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 50 of 198
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JayArhSals
the
venue
said
courts
irrespective
of
the
is
not
ministerial
duty.
provision
of
in
the
Revised
Rules
the
property
is
worth
only
No.XV.A.
Florencio
sued
Guillermo
for
P500,000.
common.
Guillermo
filed
motion
to
Mandamus (2012)
Explain. (3%)
SUGGESTED ANSWER:
should be denied.
Unlawful
Conference (2007)
SUGGESTED ANSWER:
vs.
Sandiganbayan,
January
22,
G.R.
2008).
No.
The
against
Detainer;
before
Preliminary
the
appropriate
name
the
property
remains
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 51 of 198
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JayArhSals
SUGGESTED ANSWER:
summary
procedure
under
Rule
70,
The
court
should
receive
jurisdiction.
the
of
by
should
jurisdiction
subject
agrarian
property
laws,
over
the
was
one
court
agricultural
tenancy
Detainer;
Prior
Possession
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 52 of 198
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JayArhSals
Said
the
in court.
hear
any
news
about
him.
While
petition
Family
for
Code
Declaration
is
of
summary
in
ALTERNATIVE ANSWER:
A petition for declaration of presumptive
death
the
Frank
marry
Court),
RTC
of
Willie.
manila
to
declare
may
as
be
considered
differentiated
special
from
an
and law.
(a)
Is
petition
for
declaration
of
the
petition
for
presumed dead.
(b) As the RTC judge who granted Ginas
SUGGESTED ANSWER:
No.
of
under
Art.
247
of
the
Family
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 53 of 198
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JayArhSals
amounting
of
has
Court.
to
lack
or
excess
an
interest
affected
by
the
the
court
with
jurisdiction,
but
to
and
due
process
(Ceruila
v.
for
hearing
and
directs
ALTERNATIVE ANSWER:
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 54 of 198
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JayArhSals
similarly
alternative,
modified
and
she
prayed
that
she
that
be
pending
provides
having
bail
be
for
correct
determined
in
the
petition
only
the
cardinal
rules
of
that
if
person
committed
in
the
an
discretion
is
lawfully
offense
of
the
not
court.
[2006]).
that
she
had
not
been
court
Vaca
of
vs
CA
where
the
sentence
or
judge
(Sec.
14,
Rule
102;
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 55 of 198
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which
time
JayArhSals
they
purchased
properties
SUGGESTED ANSWER:
administration.
Domencios
siblings
SUGGESTED ANSWER:
would
be
person
if
considered
she
was
an
not
interested
married
to
Corpus;
Jurisdiction;
Sandiganbayan (2009)
without
No.XI.C. In the exercise of its original
jurisdiction, the Sandiganbayan may grant
petitions for the issuance of a writ of
marriage
under
conditions
provided in the Family Code 9Arts. 147148, Family Code; San Luis vs. San Luis,
G.R. No. 133743, February 6, 2007).
habeas corpus.
SUGGESTED ANSWER:
Probate of Will (2010)
FALSE. The Sandiganbayan may grant
petitions for Habeas corpus only in aid of
amended
by
R.A
8249),
not
in
the
Letters
of
Administration;
Interested
Person (2008)
hand,
instituted
intestate
proceedings.
Both
actions
were
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
SUGGESTED ANSWER:
filed
by
Duquesa
should
not
be
will
is
Guevarra,
mandatory
74
Phil.
(Guevarra
479
[1943]).
v.
The
in
his
insofar
as
last
will
they
and
are
not
Probate
of
Will;
Jurisdictional
Facts
(2012)
No.X.C. What are the jurisdictional facts
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 57 of 198
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JayArhSals
in special proceedings.
within
such
territorial
jurisdiction.
The
jurisdictional
facts
shall
be
No.XV.
Pedrillo,
Fil-Am
permanent
will.
Discovery (2008)
next 15 years.
written
interrogatories
the
objected,
insisting
for,
discovery
apply
that
only
to
the
to
modes
ordinary
of
civil
the
court
names
Winston
as
SUGGESTED ANSWER:
No, the administrator is not correct.
Modes of discovery apply also to special
proceedings. Sec. 2, Rule 72 states that
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 58 of 198
granted
to
77,
contestants
4)
This
only
covers
JayArhSals
all
Sec.
Winston
hectorchristopher@yahoo.com
cannot
cover
the
annuities in Hongkong.
own
right
to
the
cover
any
property
of
Pedrillo
Suzy
appeared,
that
(1)
the
publication
of
the
deed
Explain.
SUGGESTED ANSWER:
for
issuance
administration
either
of
two
may
be
of
letters
of
contested
on
grounds
(1)
the
file
complaint
to
annul
the
has
been
established.
The
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 59 of 198
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JayArhSals
party
or
arresting
officer
or
person
110-127)
before
the
office
of
the
compulsory
third
party
liability
Page 60 of 198
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JayArhSals
the
require
criminal
only
prosecution
a
and
shall
preponderance
of
The
Salaysay.
are as follows:
Thereafter,
Sinumpaang
Salaysay
will
or
use
his
prepare
with
original
and
exclusive
different
approaches
that
the
pieces
of
evidence
that
would
be
and
medical
bills
including
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 61 of 198
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JayArhSals
baby
contents
of
the
medical
report
and
boy.
Irate
relatives
of
Dario
preponderance of evidence.
SUGGESTED ANSWER:
majeure
or
acts
of
God.
The
defendant
can
raise
the
usual
to
double
and
constrained
to
(b)
compensation
defendant
litigate
will
twice
or
be
and
then
the
criminal
action
for
(5%)
he also engaged in
his
SUGGESTED ANSWER:
own
Page 62 of 198
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JayArhSals
following cases:
expiration
possible product of
alleged
not
of
the
period
fixed
for
without
having
desisted
therefrom; or
the husband.
conclusively
the baby boy for DNA testing (A.M. No. 611-5-SC, Rules on DNA Evidence) or even
order
ALTERNATIVE ANSWER:
No, there is no showing in the problem of
any ground that would serve as a basis
for an action to impugn paternity of the
baby boy.
In Concepcion vs. Almonte, G.R. No.
123450,
August
Cabatania vs.
Supreme
Court
Court
requires
that
presumption
31,
be
2005
of
held
Appeals, the
that
every
made
citing
the
law
reasonable
in
favour
of
legitimacy.
in
does
blood-test
father
to
determine
but
is
based
on
the
broad
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
illegitimacy.
legitimacy
The
presumption
proceeds
from
the
of
sexual
Code,
beyond
access
the
action.
such
it
must
that
be
could
shown
have
presumption
is
enabled
rebutted
by
subsequently
filed
complaint
for
Urdaneta
where
he
resides.
In
his
Actions;
Complaint;
Forum
Shopping
(2010)
No.IV. X was driving the dump truck of Y
along
Cattleya
Street
in
Sta.
Maria,
arising
deemed
also
whereas
the
from
the
instituted
case
filed
crime
is
therewith;
in
Urdaneta,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
civil
action
for
indispensable
damages
party
on
the
but
only
authorize
Rules of Court).
the
filing
such
action
for
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Neither
for
the
of
them
two
is
actions
correct.
to
Both
proceed
respecting
what
he
witnessed
cross-examine
of V to implead Y as an indispensable
Atty.
who,
however,
party? (2%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 65 of 198
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SUGGESTED ANSWER:
The
objection
JayArhSals
I would advise:
should
be
overruled.
Commissioner
pending
the
of
the
issuance
Bureau
of
the
of
Hold
Dina.
immediately
company,
he
learned
that
one-way
arrested.
What
pieces
of
SUGGESTED ANSWER:
He will have to present (a) his report to
the bank that he lost his credit card (b)
that the ticket was purchased after the
report of the lost and (c) the purchase of
one-way ticket. Dante should bring an
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
firearm
by
the
although
search
not
warrant.
may
subject
especially
(5%)
seize
an
of
article
an
so
which
offense.
considering
is
the
Thus
us
that
the
firearm.
Moreover,
same
would
be
tantamount
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 67 of 198
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JayArhSals
discovery.
SUGGESTED ANSWER:
(5%)
SUGGESTED ANSWER:
the
prosecution.
It
authorizes
the
ALTERNATIVE ANSWER:
Discovery; Production
and Inspection
(2009)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 68 of 198
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no.
3019
(Anti-Graft
and
Corrupt
duly
singed
and
by
Samuel.
Under
R.A.
No.
6770,
also
amended
JayArhSals
Samuel.
Samuel
was
also
an
alter
ego
of
the
under
the
law
may
be
and
upon
authority
of
the
ALTERNATIVE ANSWER:
done
Ombudsman,
with
the
approval
and
thus
the
of
the
Special
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 69 of 198
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JayArhSals
as
Masigasig
passenger,
of
the
Police
Inspector
Valenzuela
Police
bus
was
traversing
Makati.
His
Anselmo
files
information
on
motion
the
to
ground
quash
that
no
possession of firearm.
not?
SUGGESTED ANSWER:
The
lack
of
preliminary
Procedure.
Preliminary
arrested
without
warrant
shall
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 70 of 198
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Jurisdiction;
(2008)
JayArhSals
Reinvestigation;
Arrest
No.X.
Jose,
Alberto
charged
with
murder.
and
Romeo
Upon
filing
were
the
investigating
the
investigation? (4%)
prosecutor
with
jurisdiction
over
the
persons
of
SUGGESTED ANSWER:
SUGGESTED ANSWER:
the
preliminary investigation.
lawfully
arrested
without
warrant
Before
or
such
been
2006).
information
prosecutor
may
without
conducted
in
be
a
filed
need
of
accordance
by
with
an
accused
ca
move
for
existing rules.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 71 of 198
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JayArhSals
of
Section
11
of
the
grey"? (2%)
SUGGESTED ANSWER:
plain
view
doctrine.
There
was
no
SUGGESTED ANSWER:
seizure
(2010)
of
undetermined
quantity
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
ALTERNATIVE ANSWER:
legal? (3%)
SUGGESTED ANSWER:
Ciceros act of running does not show
The arrest and body-search was legal.
appears
the
probable
cause
for
Criminal Procedure.
Search
Warrant;
Application;
Venue
(2012)
while
the
he
is
illegally
possessing
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
The
judge
must,
before
issuing
the
SUGGESTED ANSWER:
attach
to
the
record
their
sworn
of
facts
upon
which
the
ALTERNATIVE ANSWER:
Court).
Executive
Judge
and
Vice
Executive
Suppose
the
judge
issues
the
search
OF
PHILIPPINES
Plaintiff
THE
Criminal
SUGGESTED ANSWER:
He should prepare a petition for issuance
No.
-versus-
Case
007
for
Violation of R.A.
9165
Accused.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 74 of 198
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Greetings:
JayArhSals
undersigned
after
examining
SUGGESTED ANSWER:
(1)
and
paraphernalia
The
search
warrant
failed
to
person
and
countenance
are
asserted
and
take
possession
of
the
in
the
affidavit
that
the
March, 2012.
(signed)
Judge XYZ
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 75 of 198
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JayArhSals
Sec.
search
14,
Rules
of
Court).
Court).
SUGGESTED ANSWER:
Section 7, Rule 119 provides, if the
public attorney assigned to defend a
SUGGESTED ANSWER:
latter
is
preventively
detained,
crime,
or,
is
serving
term
of
custodial legis.
At
the
Public
Office
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 76 of 198
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JayArhSals
thereafter
the
prisoner
informs
his
ALTERNATIVE ANSWER:
A Petition for Mandamus is also feasible.
In
Xxx
People
vs.
Lumanlaw,
G.R.
No.
characterized
discretion
expeditious
arraignment.
tasked
Moreover,
Section
(e),
Rule
as
grave
resulting
action
with
the
abuse
in
from
of
manifest
all
official
administration
of
that
under
the
(30)
preventive
days
from
detention,
the
date
the
court
his
arraignment
be
held
but,
the case.
the
aforementioned
Information
may
be
Rule,
dismissed
the
upon
ALTERNATIVE ANSWER:
The appropriate remedy of the detained
accused
is
to
apply
for
bail
since
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 77 of 198
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JayArhSals
the
offense
pursuant
to
is
reclusion
Memorandum
perpetua
Order
No.
contempt.
117].
I may also file a motion to order the
(B) In another case, also for qualified theft,
absence
of
the
employer-
ALTERNATIVE ANSWER:
I will move for the dismissal of the case
for failure to prosecute. The grant of the
motion will be with prejudice unless the
(3%)
pending.
SUGGESTED ANSWER:
of
dangerous
drugs,
the
the
records
that
the
illegal
substance
presentation
of
defense
evidence
or
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 78 of 198
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JayArhSals
judgment
of
conviction
beyond
(3%)
reasonable doubt.
SUGGESTED ANSWER:
No.
will
not
proceed
with
the
Would
an
application
remedy
take. (3%)
available?
for
Justify
bail
your
be the
chosen
In
the
alternative,
may
SUGGESTED ANSWER:
Yes.
An
application
for
bail
is
an
even
Metropolitan
that
in
prosecutions
involving
after
conviction
Trial
before
Court
which
the
has
ALTERNATIVE ANSWER:
Under R.A. 9344 or otherwise known as
the Juvenile Justice and Welfare Act of
2006 as amended by R.A. 10630, a child
in conflict with the law has the right to
bail
and
transferred
recognizance
to
or
youth
to
be
detention
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 79 of 198
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JayArhSals
order:
(a)
the
release
recognizance to
of
the
his/her
minor
on
parents and
home/youth
Bar
Examination
Syllabus
for
Remedial law].
rehabilitation
(IN
THE
PETITION
OF
EUFEMIA
E.
EDGARDO
E.
VILLANUEVA
MATTER
HABEAS
CORPUS
RODRIGUEZ,
VELUZ
and
OF
vs.
THE
OF
filed
by
LUISA
R.
TERESITA
R.
reverse
trial
defendant
evidence
or
is
the
ahead
one
where
accused
of
the
the
present
plaintiff
or
place
when
the
accused
made
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 80 of 198
known
to
the
hectorchristopher@yahoo.com
trial
on
speedy
circumstances
denied to him.
and
thus
court,
JayArhSals
impliedly
trial
which
was
capriciously
postponing
unreasonable
arraignment
demonstrate
exercise
discretion
Peralta,
Trial; Speedy Trial (2007)
of
an
arraignment
postponements
482
SCRA
an
of
of
the
abusive
(Lumanlaw
396
the
v.
[2006]).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 81 of 198
in
the
ordinary
hectorchristopher@yahoo.com
course
of
law,
the
JayArhSals
absentia "
"promulgation
of
(2%)
judgment in
and
absentia"
(2%).
SUGGESTED ANSWER:
The instances where the civil liability is
not extinguished despite the acquittal of
the accused where:
SUGGESTED ANSWER:
The requisites of a valid trial in absentia
are: (1) accuseds arraignment; (2) his
trial
(Bernardo
vs.
People,
G.R.
No.
of judgment are:
which
the
accused
is
acquitted
date
of
promulgation
of
a creek. Due to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 82 of 198
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JayArhSals
(2007)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 83 of 198
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JayArhSals
SUGGESTED ANSWER:
As a private prosecutor, I shall try to
conducted tests.
obtained;
the
testing
Philippine
requested
the
qualification,
training
and
which
personnel
Lorenzo.
who
conducted
the
DNA
General
one
they
Hospital
of
alleged
its
to
(PGH)
surgeons
have
and
to
swallowed
testing.
Suppose the PGH agreed to, and did
perform the surgery is the package of
shabu admissible in evidence? Explain.
The
(3%)
SUGGESTED ANSWER:
DNA evidence.
SUGGESTED ANSWER:
because
it
was
obtained
invasion
courts
should
things,
the
consider
following
among
data:
other
how
the
the
possibility
of
into
fundamental
the
rights
body
of
of
Lorenzo
Lorenzo,
the
suspect.
ALTERNATIVE ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 84 of 198
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JayArhSals
the
constitutional
right
against
self-
mouth,
DNA
testing)
as
constitutionally sound.
father,
Ramil,
approached
SUGGESTED ANSWER:
Yes, Bembols offer is an admission of
guilt (Sec. 33 Rule 130). If it was
repeated by the private prosecutor in the
presence of judge at the pretrial the
extrajudicial
There
evidence? (3%)
14 April 2004).
is
no
confession
need
of
becomes
assistance
of
SUGGESTED ANSWER:
Yes, the offer to settle by the father of
(2009)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 85 of 198
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through
SUGGESTED ANSWER:
TRUE. This statement is embodied in
Sec. 1, Rule 4 of A.m. No. 01-7-01-SC, re:
Rules on Electronic Evidence.
JayArhSals
convincing
proof,
that
the
preserved
through
an
Nonetheless,
non-compliance
SUGGESTED ANSWER:
accused,
to
the
police,
to
the
(People
vs.
Sitco,
G.R.
No.
ALTERNATIVE ANSWER:
Crucial in proving chain of custody is
the marking of the seized drugs or other
related items immediately after they are
seized from the accused. Marking after
seizure is the starting point in the
custodial link, thus, it is vital that the
seized
contraband
are
immediately
team
with
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 86 of 198
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JayArhSals
admission,
evidentiary
becomes
value
of
the
by
the
a
the
third
partys
admission
of
statement
the
party
apprehending
SUGGESTED ANSWER:
TRUE. The effect or consequence of the
admission will bind also the party who
Character
Evidence;
Bad
Reputation
(2010)
adopted
espoused
the
same,
as
or
108
[2001]\.
An
adoptive
fact
the
sought
to
be
elicited
of
by
the accused
SUGGESTED ANSWER:
Yes, Counsel B may ask the Judge to
specify the grounds relied upon for
sustaining the objection and thereafter
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 87 of 198
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JayArhSals
trustworthiness; and
SUGGESTED ANSWER:
or
perceptions,
derived
from
except
as
his
own
otherwise
common? (5%)
Carla
told
him.
The
defense
counsel
SUGGESTED ANSWER:
Objection
overruled.
The
disclosure
regarded
hearsay
as
rule;
statement
independently
hence
may
be
relevant
admissible.
received
not
The
as
Page 88 of 198
occurrence
when
hectorchristopher@yahoo.com
it
was
said,
JayArhSals
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
Objection
sustained.
disclosure
not
by
themselves
evidence
of
the defendant.
While
the
court
may
not
consider
No.
VIII.
committing
Security
Dominique
a
Act.
violation
He
was
accused
of
the
was
of
human
detained
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 89 of 198
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JayArhSals
to
water
torture.
He
later
Tree (2009)
subjected
him
to
water
torture.
asked
Edmond
to
and
identified
the
documents
officer
presentation
of
the
testimonial
of
evidence
which
included
the
SUGGESTED ANSWER:
by him.
The objection to the admissibility of the
In the instant case, the presentation of
the affidavit cannot be objected to by
the defense counsel on the ground that
is a fruit of the poisonous tree because
Edmond
to
sign
without
the
Page 90 of 198
accused
while
hectorchristopher@yahoo.com
custodial
admission
investigation,
under
JayArhSals
imply
an
custodial investigation.
Walter was charged with arson and at his
Moreover,
the
objection
to
the
offered.
from
her
husband
Walter
SUGGESTED ANSWER:
Walter.
Disqualification
Under
Rule,
the
Marital
during
their
other
or
the
latters
direct
Rule
130,
Rules
on
Evidence).
The
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 91 of 198
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JayArhSals
existent.
direct
which
ascendants
or
descendants.
In
the
such
law
situation,
aims
to
protect
the
are
and
direct
to
her
sister
is
not
her
apply
the
Marital
Disqualification
Rule.
ALTERNATIVE ANSWER:
(B)
May the
testimony
Walters
psychiatrist,
be
of
Dr.
Carlos,
allowed
over
SUGGESTED ANSWER:
The
testimony
psychiatrist
504,
on
that
the
act
of
private
Evidence
be
Walters
held
may
of
involves
allowed.
only
The
persons
communication
harmony
and
arson.
relation
which
confidences
the
of
marital
applies
only
in
civil
disqualification
directly
the
fire.
and
vitally
impairing
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 92 of 198
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JayArhSals
objection? (3%)
SUGGESTED ANSWER:
concerned
that
the
same
were
made
e.g.,
under
the
seal
of
the
swindling
of
Petronilo.
for
him
to
testify
on
the
the
mantle
of
privileged
can
Sandiganbayan,
to testify.
provides
be
quashed
that
on
GR
the
No.
an
ground
105938,
attorney
of
20
cannot,
(2008)
to
the
National
Bureau
of
the
knowledge
acquired
where
in
the
of
such
which
has
capacity.
subject
matter
been
However,
of
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 93 of 198
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JayArhSals
Moreover,
the
compelled to testify.
if
the
substance
of
(2008)
board
inquiry,
the
four
(4)
Rules
of
Court
provides
that
to
privileged
confidential
Privilege
Communication;
Marital
Privilege (2010)
SPS.
Plaintiffs
interrogatories
counsel
to
Ely,
sent
written
asking
whether
Emilio.
To
prove
the
qualifying
2009
SUGGESTED ANSWER:
text
message,
which
Mabinis
Page 94 of 198
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JayArhSals
tex
her
privilege. Resolve.
hearsay? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
ground
evidence
message.
of
Mabini
the
objected
marital
to
privilege
as
independently
relevant
The
and
the
marriage
Gregoria
is
between
still
Mabini
subsisting
and
objected
again.
Rule
on
the
objection. (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes, the text message is admissible as a
dying declaration since the same came
fdrom the victim who shortly expired
sent
are hearsay.
under
consciousness
of
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 95 of 198
However,
cellphone
hectorchristopher@yahoo.com
messages
JayArhSals
are
day
administrative
proceeding,
not
to
allotted
for
each
party,
he
is
criminal actions.
ALTERNANTIVE ANSWER:
offer
of
evidence
in
writing
in
ALTERNATIVE ANSWER:
of forth-coming death.
The
One-Day
Examination
of
proper
exercise
discretion,
of
which
the
trial
can
courts
delay
the
proceedings.
Summary Procedure
SUGGESTED ANSWER:
Prohibited Pleadings (2010)
TRUE. Par. 5(i) of Supreme Court A.M.
No. 03-1-09-SC requires that a witness
to
to
malversation
subject
to
the
courts
discretion
have
personally
of
funds
witnessed
given
by
the
US
Page 96 of 198
authorities
in
hectorchristopher@yahoo.com
connection
with
JayArhSals
Court
Diversion
in
connection
with
SUGGESTED ANSWER:
The three stages of diversion are CourtAnnexed
Mediation
(CAM),
Judicial
refers
Mediation
the
parties
to
Center
the
(PMC)
Philippine
for
the
as
mediator-conciliator-early
referred to ACM.
does
not
require
the
petition
A.M.
No.
09-6-8-SC;
Precautionary
Principle (2012)
No.II.B. What do you understand about the
"precautionary principle" under the Rules of
Procedure for Environmental Cases? (5%)
SUGGESTED ANSWER:
Miscellaneous
Precautionary
principles
when
human
threats
of
serious
states
and
that
to
irreversible
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 97 of 198
damage
to
the
scientifically
actions
environment
plausible
shall
hectorchristopher@yahoo.com
be
but
taken
is
uncertain,
to
that
JayArhSals
avoid
or
for
the
issuance
of
writ
of habeas
precautionary
the
Rules
of
principle
Procedure
calls
for
for
Environment
Cases).
Resolve the petition. Explain. (5%)
SUGGESTED ANSWER:
Habeas Data (2010)
Azeniths petition for the issuance of a
No.XX. Azenith, the cashier of Temptation
hated
co-employees
One
collecting
and
loved
morning,
by
her
Azenith
discovers
an
nor
storing
regarding
of
the
data
or
information
person,
of Habeas Data).
the
threat
is
real,
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 98 of 198
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JayArhSals
Section
individual
the
aggrieved party.
or
entity
engaged
in
13
of
RA
No.
3019,
an
(2012)
of
the
following
public
malversation
allegedly
town
No. L-61776
in
of
Rizal.
public
After
funds
arraignment,
the
with
(Deloso
vs.
and
86899,
May
hamper
Suppose
the
files
prosecution.
Decide.
Motion
Quash
to
having
violated
Anti-Graft
Sandiganbayan,
15,
Governor,
1989);
whose
Law
G.R.
(3)
suspension
No.
Viceis
predicated
Sangguniang
SUGGESTED ANSWER:
There is no necessity for the court to
conduct pre-suspension hearing. Under
on
1994).
undersecretary
his
acts
Bayan
(Libanan
Thus,
can
supposedly
the
be
vs.
DENR
preventively
he
allegedly
committed
malversation.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Page 99 of 198
Settled
is
the
rule
hectorchristopher@yahoo.com
that
where
the
JayArhSals
ALTERNATIVE ANSWER:
different
its
corresponding
his
the
No.
room
ruling,
issuing
possible
the
defenses
against
from
for
that
any
charged
extended
in
the
court
reason
to
complain
that
no
actual
Sandiganbayan,
G.R.
No.
the
validity
of
the
Information
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
case.
ALTERNATIVE ANSWER:
(4%)
jurisdiction
over
the
person
of
the
investigation
or
The
R.A.
additional
prayer
to
suspend
the
Sandiganbayan
3019
has
(Anti-graft
are
and
Corrupt
accused
whether
8249).
in
officials
exclusive
occupying
permanent,
acting,
the
or
November
9,
1990,
the
must
from
assailing
the
regularity
or
be
charged
with
public
requisites
are
not
hectorchristopher@yahoo.com
present,
the
JayArhSals
to
the
allow
an
early
evaluation
of
SUGGESTED ANSWER:
I will file a Motion for Leave to file a
Demurrer to Evidence within five (5)
days from the time the prosecution has
rested its case. If the motion is granted,
I will file a demurrer to evidence within
Atty.
assistance
counselling
This
including
remedy
evaluation
of
would
the
allow
the
sufficiency
early
of
Novata
notarization
to
may
his
and
the
of
provide
clients
guidance
by
in
compilation
the
legal
giving
the
and
aforementioned
documents, if necessary.
SUGGESTED ANSWER:
Atty. Novata may file a petition for
Certiorari under Rule 65 of the Rules of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
small
adverse judgment.
claims
cases
is
final
and
-End-
disappearances
or
threats
thereof.
Whereas a writ of habeas corpus is a
remedy available to any individual who
is deprived of liberty or whose rightful
custody of any person is withheld, by
unlawful confinement or detention.
A writ of amparo may be appealed to the
Supreme Court under Rule 45 raising
questions of fact or law or both. The
appeal shall be made within 5 working
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
MULTIPLE CHOICE
presentation
of
proof
of
the
QUESTIONS (MCQ)
2013 Remedial Law
JayArhSals
Exam
inaccurate.
SUGGESTED ANSWERS:
(1%)
the plaintiff.
only
proof
after
due
notice
to
the
defendant.
of
such
failure,
declare
the
(C)
The
court
may
declare
the
(1%)
defendant
in
default
but
only
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
has ended.
other
modes
of
written
expression,
which
witness
right
is
established
or
an
regarding
witness
received
messagesthe
is
received,
recorded,
transmitted,
It
includes
digitally
readable
by
sight
or
other
SUGGESTED ANSWERS:
Ssangyong
evidence.
Corporation,
Commerce
G.R.
Act
of
No.
2000,
an electronic
(g)
Electronic
data
message
evidentiary
Electronic
document as functional
purposes.
Evidence
The
Rules
regards
on
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
Court
and
related
hectorchristopher@yahoo.com
laws,
and
is
JayArhSals
who
by
electronic
original
Best
the
said
Rules.
document
An
under
the
testifies
thereto
is
competent
Martinez, J.).
(D), If the testimony is being offered for
the purpose of establishing that such
statements
were
made,
then
the
relevant statement.
Moreover,
all
of
the
choices
above
statement
conversations
person
proof,
conspiracy
December 3, 2002).
holds
may
that
be
admitted
as
and
extrajudicial,
hence
affiant
knowledge.
the
statements
are
admissible
does
not
have
personal
as
complaint
constitute
(1%)
fact
circumstantially
in
relevant
issue
as
or
to
be
or
information
before
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(A)
hectorchristopher@yahoo.com
JayArhSals
ejectment actions
accused
concurrent,
jurisdiction
over
ejectment actions
(C) downgrades the nature of the
offense from a higher to a lower
All
the
above
choices
are
SUGGESTED ANSWER:
(C), Under Section 4 of A.M. No. 8-8-7SC, Rules of Procedure of Small Claims,
Small
claims
court
shall
have
inaccurate.
Rules
any
which
made
the
of
Criminal
amendment
only
before
upon
Procedure,
plea,
motion
by
actions
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
At
any
rate,
Pambansa
hectorchristopher@yahoo.com
Section
Blg
129,
33
as
of
Batas
amended
JayArhSals
by
above.
jurisdiction
Metropolitan
Trial
of
Courts,
the
Municipal
Character
evidence
is
admissible
prove
character
his
if
good
moral
pertinent
to
the
good
moral
character
which
is
(B)
__________. (1%)
may
SUGGESTED ANSWER:
criminal
prosecution
may
cases
prove
the
the
bad
of
the offended
party
(D) when it is evidence of the good
character of a witness even prior to
amount.
(C)
After
the
failure
of
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
outlined above.
SUGGESTED ANSWER:
delay
(C)
support
the
counsel
it,
and
has
that
read
it
the
is
not
read
the
(D)
the
counsel
has
at
totally accurate.
public
auction
to
satisfy
the
judgment.
VII.
The
SUGGESTED ANSWER:
signature
of
counsel
in
the
of
counsel
constitutes
pleadings;
support
it,
and
that
it
is
not
that
to
the
best
of
his
before
an
accused
may
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
testimony
substantially
discharge is required;
corroborated
on
all
of
the
accused
whose
points.
(b) There is no other direct evidence
(B) The accused does not appear to
be guilty.
the
offense
committed,
except
the
testimony
of
the
accused
moral turpitude.
witnesses
179033, September
for
the
state
when
after
6, 2010,
Carpio-
Morales, J.).
satisfied that:
evidence? (1%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
information
be
filed
except
as
are
also
grounds
for
demurrer to evidence.
(E) The above choices are all wrong.
SUGGESTED ANSWER:
(C), Under Section 4 of Rule 117, if the
cases.
Tagapamayapa
to
make
the
amendment,
or
the
amendment.
same
defect
despite
the
the
under
the
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
and
Resolution (JDR)
be
subject
of
Judicial
Dispute
proceedings. Hence,
pilot-test
shall
apply
to
the
following cases:
to
mediation
or
Judicial
Dispute
Resolution (JDR).
and
on
(2)
cases
Cases
covered
cognizable
by
by
the
the
Rule
Lupong
court
issues
temporary
preliminary
injunction
against
and
(D)
The
lower
court
judge
will
was
meant
to
delay
proceedings.
years
principal case.
are
required
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
JayArhSals
facts
and
considered,
might
affect
the
of
the
proceedings.
parties
The
pending
petition
shall
such
not
Paloma,
G.R.
No.
187728,
SUGGESTED ANSWER:
(D), In Miranda vs. People, G.R. No.
176298, January 25, 2012, the Supreme
Court explained that absent any showing
that
the
substantial
lower
facts
courts
and
overlooked
circumstances,
to
the
trial
courts
Contempt
persons,
charges
entities,
made
bodies
and
before
agencies
of the witness
__________. (1%)
(A)
located
(B)
witnesses
who
gave
conflicting
person,
person
entity
who
or
agency
committed
the
testimonies
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(C)
act
of
hectorchristopher@yahoo.com
contempt
was
JayArhSals
committed
proceeding resides
SUGGESTED ANSWER:
reconsideration of a judgment or
apply
against
to
persons,
agencies
contempt
committed
entities,
exercising
final order.
bodies
or
SUGGESTED ANSWER:
quasi-judicial
extraordinary
motion
for
reconsideration
of
final
persuasive
reasons
and
jurisdiction
(A) At anytime within 15 days from
over
the
person
of
the
the
service
on
the
petition
for
respondent? (1%)
for reconsideration.
Upon
respondent
(B)
Only
in
the
presence
of
the
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
on
property
located
Court of Appeals.
Philippines
resident
Appeals.
defendant
in
affects
the
the
Upon
the
respondent
service
of
the
on
the
order
the Philippines
or
petition.
(D)
By
respondents
voluntary
plaintiff
defendant
relates
to
SUGGESTED ANSWER:
lien
SUGGESTED ANSWER:
him
indicating
of
its
its
order
initial
or
resolution
action
on
the
There
is
no
correct
answer.
Under
Court,
extraterritorial
summons
is
service
of
when
the
applicable,
affects
__________. (1%)
which
the
is,
personal
property
status
of
within
the
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
contingent,
or
in
hectorchristopher@yahoo.com
which
the
relief
JayArhSals
resident
excluding
the
defendant
from
any
defendant
who
is
only
(2)
personal
service
outside
the
extra-territorial
service
of
given above.
Civil
is
Procedure,
commenced
when
against
any
a
the
accused
resides
trial court.
Rule
(D)
ALTERNATIVE ANSWER:
of
Rules
Clearly,
non-resident
defendant
cannot
be
considered
temporarily
outside
the
Philip[pines
SUGGESTED ANSWER:
(D), Under Section 2 of Rule 127, when
the civil action is properly instituted in
the criminal action as provided in Rule
111, the offended party may have the
property of the accused attached as
security
for
the
satisfaction
of
any
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
(B)
No,
her
right
against
self-
(D)
The
objection
was
improper
fundamental
right
that
affects
witness stand.
Philippines.
SUGGESTED ANSWER:
XVIII. Maria was accused of libel. While
Maria was on the witness stand, the
compulsion,
against
evidence
self-incrimination.
Was
Marias
that
against
is,
the
himself
giving
of
through
held
libelous statements.
thst
for
the
purposes
of
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
the
handwriting
of
the
the
accused
wrote
the
invoked
by
witness
who
was
when
Maria
took
the
witness
ALTERNATIVE ANSWER:
self-incrimination
must
be
objection.
information
to
be
elicited
from
the
may
allow
amendment
of
the
out.
properly
be
imposed
(Bagadiong
vs.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
On the
other hand,
the
Court also
SUGGESTED ANSWER:
legal
under
companys
pleadings.
Such
amendment
of
the
question,
the
ordered
Labor
Code,
recourse
is
workers
final.
under
The
the
presents.
and
and
the
ends
of
substantial
the
evidence
introduced
by
(C)
denied,
file
appeal
to
motion
the
for
if
NLRC.
(D) file a motion for reconsideration
and if denied, file a petition for
review
Supreme
on
certiorari
Court
with
since
the
pure
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(E)
directly
hectorchristopher@yahoo.com
file
petition
JayArhSals
for
SUGGESTED ANSWER:
questions
Court
ruled
that
in
the
certiorari
of
delay
the
question
would
and
any
prejudice
the
motion
for
raised
the
ALTERNATIVE ANSWER:
(E), In Beatriz Siok Ping Tang vs. Subic
bay
Distribution,
G.R>
No.
162575,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
Exam
JayArhSals
appointing
an
a. production order;
b. witness protection order;
c. hold departure order;
d. temporary protection order.
SUGGESTED ANSWER:
administrator;
c. order of an administrator to
recover
property
of
the
estate;
SUGGESTED ANSWER:
(b)
an
order
appointing
regular
(b)
of
the
appointing
an
determination
CFI
Order;
Protection
rights
of
the
understanding
matters related;
of
the
testimony
relates
to
family genealogy;
d. the
witness
volunteers
the examiner.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
JayArhSals
witness
from
giving
his
SUGGESTED ANSWER:
appointed
of
grandparent.
1991).
guardian,
preference:
the
(a)
In
court
may
the
surviving
case
several
other
advance age.
person,
who
in
the
sound
Guardianship of Minors).
market
value
of
the
property.
b. assessed
value
of
the
property.
c. BIR
zonal
value
of
the
property.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
d. fair
hectorchristopher@yahoo.com
market
property
value
and
of
amount
the
JayArhSals
summons
of
and
copy
of
the
damages claimed.
SUGGESTED ANSWER:
of
Court,
in
cases
involving
c. allow
of
the
bureau
of
parties
the
opportunity to be heard.
internal
the
SUGGESTED ANSWER:
considered
pro
motion
ALTERNATIVE ANSWER:
is
forma.
useless
As
such,
piece
of
the
paper
be
taken
(Preysler,
cognizance
Jr.
Development
Vs.
by
Manila
Corporation,
the
Court.
Southcoast
G.R.
No.
6. X
filed
motion
for
Bill
of
opportunity to be heard.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
was
arrested
in
the
act
of
b. RTC
where
Sgt.
Santos
resides;
c. Supreme Court;
d. Court of Appeals.
SUGGESTED ANSWER:
requires
preliminary
Regional
the
where
the
the
Trial
data
Court
or
where
information
is
filing
of
the
complaint
or
Rules of Court).
9. Preliminary
concerns
of
Prohibitive
Injunction
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
c. to restrain implementation
of
national
government
infrastructure project.
on
motion
shares of stock.
of
the
plaintiff,
render
JayArhSals
alleged
in
the
complaint
and
Revised
Rules
of
Summary
to
issue
preliminary
any
restraining
(c), A
or
a defendant in default.
resource
public
injunction,
Procedure.
development
utilities
projects
operated
by
and
the
b. 30;
c. 60;
d. 120.
SUGGESTED ANSWER:
00,000;
NO CORRECT ANSWER. The Committee
case
not
exceeding P 100,000;
d. violation of rental law.
SUGGESTED ANSWERS:
Under
the
Rules
on
Summary
12. An
accused
may
move
for
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
pending
before
the
JayArhSals
investigating prosecutor.
13. P
failed
to
appear
at
the
him
justifiable
cause.
The
convicted
slight
of
his
scheduled
arraignment.
c. a
prejudicial
for
judgment
physical
question
promulgated
exists.
in
the
following
manner:
a. By
attorney.
the
reading
of
the
of
Criminal
of
the
Procedure,
proper
upon
the
presence of a representative
party,
of P.
the court.
SUGGESTED ANSWER:
(d),
necessary,
promulgation
his
confinement
for
such
If
fails
of
to
appear
judgment
at
the
without
the
is
of Court).
resolution
of
the
prosecutor
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
However,
the
hectorchristopher@yahoo.com
following
right
is
considered waived:
Rule
9,
JayArhSals
Rules
of
Court).
When
in
of
deposition
witnesses
of
adverse party
d. file a petition for certiorari
SUGGESTED ANSWER:
of
entitled
subsequent
first place.
to
notices
of
witnesses
of
the
adverse
party
ALTERNATIVE ANSWER:
vs.
R.S.
Ampeloquio
Development,
September
Inc.,
11,
G.R.
2009).
Realty
No.169919,
Moreover,
not
mentioned rights.
discretion.
In
discussed
party
declared
in
default
is
Martinez
the
vs.
Republic,
remedies
of
G.R.
No.
party
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
after
discovery
thereof
and
before
for
due
judgment.
to
fraud,
excusable
accident,
neglect,
and
mistake,
that
he
or
has
theft
c. receive
and
evidence
render
on
the
judgment.
already
been
rendered
when
the
default
after
the
judgment
has
SUGGESTED ANSWERS:
(b) and (c), The Court should allow the
withdrawal of the earlier plea and arraign
X for theft and render judgment without
need of an amendment of complaint or
information. (Rule 116, Sec. 2, Rules of
Court). Be that as it may, the Court has
to receive evidence on the civil liability
which is impliedly instituted with the
criminal
action
before
it
renders
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
offense
or
any
hectorchristopher@yahoo.com
of
the
essential
JayArhSals
a. Estafa cases;
b. Complex crimes;
c. Cases
cognizable
by
the
Sandiganbayan;
SUGGESTED ANSWER:
18. The Energy Regulatory Commission
(c), Territorial jurisdiction is immaterial
(ERC)
in
the
officials
who
committed
which
is
cognizable
cases
falling
under
an
offense
by
the
offense.
In
addition,
the
court
warrant
of
arrest.
motion
decision
therefore:
a. stay the execution of ERC
decision.
b. shall
not
stay
the
ERC
promulgates
to
recall
warrant of arrest;
b. surrender and file a bail
not
stay
the
ERC
decision.
SUGGESTED ANSWER:
petition;
c. file
motion
for
reinvestigation;
d. file a petition for review with
the OOJ.
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
reference
(Francisco
is most accurate?
the
vs.
findings
Perm
of
fact
Skul,
G.R.
and
No.
of
competent
jurisdiction.
because
expedited
a. not
the
memorandum
is
Katarungang
interrupt
any
prescriptive period.
b. interrupt
the
by
the
prescriptive
c. interrupt
decision
the
prescriptive
recognized by law.
d. The RTC decision is valid
days.
the parties.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(d), The filing of a complaint with the
Punong
Barangay
covered
Punong
Government Code).
by
involving
the
barangay.
cases
Katarungang
(Sec.410,
Local
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
COMELEC
both
having
concurrent jurisdiction
gave
rise
to
the
action.
b. In an action to consolidate
ownership under Art. 1607
of the Civil Code.
c. To
establish
filiation
legitimate
and
determine
hereditary rights.
d. (a) and (c) above
SUGGESTED ANSWER:
(c), Section 4, Rule 65 of the Rules of
Court, as amended by A.M. No. 07-7-12SC (Amendments to Rules 41, 45, 58,
and 65 of the Rules of Court) provides
that in election cases involving an act or
omission of a municipal or a regional
trial court, the petition shall be filed
exclusively
with
Elections,
in
the
aid
Commission
of
its
on
appellate
SUGGESTED ANSWER:
(a), The court, may motu propio or upon
23. A
charge
for
indirect
contempt
declare
rights
instruments
decision
and
to
construe
in
any
case
where
would
not
terminate
the
filed
Appeals.
and
proper
under
the
with
the
Court
of
respondent
to
Court).
RTC.
c. Verified petition filed with
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(b),
The
hectorchristopher@yahoo.com
proceedings
for
indirect
JayArhSals
SUGGESTED ANSWER:
Court).
Court).
that:
a. claims against the estate be
published by the creditors.
b. money claims be filed with
_______
and
is
c. Res Judicata;
d. Stare decisis.
rules.
c. claims of an executor or
administrator
estate
be
against
filed
with
the
the
special administrator.
d. within two (2) years after
settlement and distribution
of the estate, an heir unduly
deprived of participation in
the estate may compel the
re-settlement of the estate.
immediately
SUGGESTED ANSWER:
(c), A compromise agreement that has
been made and duly approved by the
court attains the effect and authority of
res judicata, although no execution may
be issued unless the agreement receives
the approval of the court where the
litigation is pending and compliance
with the terms of agreement is decreed.
(Ranola vs. Ranola, G.R. No. 185095,
July 31, 2009).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
commits
the
initiatory
pleading
a. be cured by amendment of
the complaint.
b. upon motion, be dismissed
with prejudice.
summarily
d. foreclosure by a bank.
forum
may:
c. be
JayArhSals
dismissed
direct
contempt.
d. be stricken from the record.
SUGGESTED ANSWER:
(b), Equity of redemption exists in case
of judicial foreclosure of a mortgage.
This is simply the right of the defendant
mortgagor to extinguish the mortgage
and retain ownership of the property by
paying the secured debt within a period
of not less than ninety (90) days nor
more than one hundred twenty (120)
days from the entry of judgment, in
accordance with Rule 68, or even after
the foreclosure sale but prior to its
SUGGESTED ANSWER:
confirmation.
(Spouses
Spouses
forum
shopping,
ground
for
the
same
summary
shall
dismissal
Alfonso,
with
contempt,
a P 100,000
as
cause
137792,
well
No.
vs.
be
G.R.
Rosales
for
Manila
entered
loan
into
agreement.
Rules of Court).
collection
and
the
complainant
mortgagor
to
redeem
the
Barangay
should therefore:
foreclosure
a. dismiss
X's
The
court
complaint
for
complaint
for
prematurity.
of
mortgage.
b. judicial
conciliation.
b. dismiss
X's
mortgage.
c. execution sale.
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
SUGGESTED ANSWER:
a. to prove robbery.
b. to prove homicide.
c. to
robbery
and
homicide.
prove
SUGGESTED ANSWER:
conciliation
or
been
reached
certified
Lupon
Secretary,
Pangkat
she
delivery
the
Secretary
attested
as
or
by
of
settlement
the
the
by
has
the
Pangkat
Lupon
personal
or
property
and
survived;
subject
and
of
(d)
inquiry
the
dying
involves
the
Xs
involves
the
complaint
against
cause
and
the
surrounding
crime of robbery.
hectorchristopher@yahoo.com
ALTERNATIVE ANSWER:
JayArhSals
declaration
criminal
murder
prosecutions
or
for
parricide
homicide,
wherein
the
occupied
as
Consequently,
the time it is
family
there
is
residence.
no
need
to
constitute
no
proceeding.
longer
family
home
considered
either
special
ALTERNATIVE ANSWER:
All
the
above-mentioned
actions
are
a. Absentees;
they
b. Escheat;
d. Constitution
of
are
remedies
which
seek
to
Family
31. Atty. X fails to serve personally a
Home;
copy
SUGGESTED ANSWERS:
of
his
motion
to
Atty.
and
changed
and
addresses
were
remedy is to:
the
latter's
no
given.
client
forwarding
Atty.
X's
b. Serve by publication;
is
no
longer
considered
special
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(c),
Since
the
office
hectorchristopher@yahoo.com
of
clinet
649).
changed
and
and
no
place
JayArhSals
forwarding
dismissal:
a. At anytime after service of
the answer.
of summary judgment is
filed.
c. At the pre-trial.
d. Before
necessarily
hearsay because:
the
complaint
is
amended.
a. it is a judicial admission of
SUGGESTED ANSWER:
guilt.
b. it shows the statement was
true.
c. it
will
form
part
circumstantial
of
evidence
the
to
convict.
d. it
proves
that
such
concept
of
independently
are
issue
dismissal.
an
order
(Rule
17,
confirming
Sec.1,
Rules
the
of
Court).
SUGGESTED ANSWER:
under
circumstantial
evidence
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
d. for
hectorchristopher@yahoo.com
non-appearance
in
JayArhSals
SUGGESTED ANSWER:
ordinance
is
governed
by
the
(5)
days
to
payment,
failing
Barangay
shall
make
which,
take
voluntary
the
Punong
possession
of
of a city ordinance.
35. Under
Katarungan
amicable
settlement
or
Lupon
Tagapamayapa.
claim
against
for
the
payment
estate
in
special proceeding.
b. filing a claim for the money
judgment with the special
administrator of the estate of
the debtor.
c. filing a claim for the money
judgment with the debtor's
successor in interest.
d. move for substitution of the
heirs
of
the
debtor
and
ng Tagapagsundo.
(a), If death occurs after judgment has
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
counterclaim,
1970).
the
case
evidence
37. The Director of the BFAR launches
an
intensified
campaign
against
pray
for
must
prove
that
his
damages,
by
substantial
acts
for
the
action
for
the
protection,
assailed as a SLAPP
3019
preponderance
(causing
benefit)
case
undue
against
injury
the
or
of
shall prove by
evidence
that
the
BFAR
SC,
Sandiganbayan is:
Environmental Cases).
Rules
of
Procedure
for
38. A
complaint
may
be
refiled
grounds?
of
a. unenforceable
administrative remedies.
under
b. Res Judicata;
c. Litis Pendencia;
SLAPP suit.
d. Lack of jurisdiction.
for
suspension
proceedings
because
of
the
Statute of Frauds;
d. move
if
of
a
pre-judicial question.
SUGGESTED ANSWERS:
(c) and (d), An order granting a motion to
dismiss shall bar the refilling of the same
SUGGESTED ANSWER:
grounds,
case
waived,
is
Strategic
Lawsuit
Against
namely:
abandoned
res
or
judicata,
otherwise
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
lack of jurisdiction.
39. The
following
accurate
summons on an amended
action, except:
complaint.
a. joinder
are
of
actions
avoids
multiplicity of suits.
b. joinder
of
include
SUGGESTED ANSWERS:
actions
special
may
civil
actions.
c. joinder of causes of action is
to
serve
summons
on
permissive.
d. the test of jurisdiction in
superfluity.
SUGGESTED ANSWER:
are
(Roman
Fernando
Catholic
Archbishop
Pampanga
vs.
of
San
alleged.
(Vlason
Enterprises
Fernando
a. 15;
b. 10;
c. 30;
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
JayArhSals
new
trial
based
only
on
be
filed
without
leave
of
SUGGESTED ANSWER:
for
new
trial
based
only
on
newly
incorrect?
a. A Motion to Quash which is
is
prosecution
a
for
bar
the
to
the
same
liability
of Court).
44. Which of the following is true?
a. Summons
expires
after
granted
has
been
b. Writ
of
Execution
expires
extinguished.
b. In the Court of Appeals, the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
full
credit
for
any
hectorchristopher@yahoo.com
answer
to
the
question.
JayArhSals
ALTERNATIVE ANSWER:
expires
10
days
after
its
issuance.
held
that
disrespectful,
abrasive
abusive
language,
and
offensive
after
attempts
to
46. Under
Electronic
"ephemeral
electronic
a. text messages;
b. telephone conversations;
c. faxed document;
malicious statements.
of
except:
or
SUGGESTED ANSWER:
Rules
containing
offensive
the
Evidence,
useful
curiae.
no
being
rescue
serves
summoned thereto.
c. He
employment
An
ephemeral
communication
refers
electronic
to
telephone
streaming
audio,
streaming
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
been
Ssangyong
Court
Corporation,
concluded
electronic
the
that
data
Supreme
the
terms
message
digitally
signed
by
the
person
and
Accordingly,
cannot
be
evidence.
facsimile
considered
It
is
not
transmission
as
electronic
the
functional
got
hold
of
the
pleading
and
47. A
private
authenticity
electronic
may
document's
be
received in
that
it
digitally
person
that
was
that
statements
was
by
the
purportedly
prejudicial
it
signed
who
b. The
electronically notarized.
b. evidence
it
c. The
prejudicial
statements
d. The
prejudicial
statements
proceedings.
the same.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(a), Pleadings are defined as written
(b),
Before
any
private
electronic
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
Rules
Witness).
merely
the
opposing
counsel
on
Examination
of
Child
which
50. In
which
of
the
following
is
Interpleader improper?
a. in
an
action
where
defendants'
claims
strangers.
are
respective
separate
and
another
view.
person
has
rentals
the
time
of
conflicting
testifying.
the
time
of
to
in foreclosure of a chattel
the
mortgage.
incident/crime to be testified
on.
claims
conflicting
d. in an action by a sheriff
to
one:
below
due
SUGGESTED ANSWER:
(a),
giving of testimony.
Under
the
Rules,
whenever
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
the
conflicting
claimants
JayArhSals
ALTERNATIVE ANSWER:
to
(Rule
62,
Sec.1,
Undoubtedly,
respective
Rules
if
the
claims
are
of
Court).
defendants
separate
and
agreements
the house.
placed on issue.
b. written
agreements
or
contractual documents.
c. judgment on a compromise
a Barangay Tanod.
agreement.
official.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(b), The parol evidence rule, embodied in
Section 9, Rule 130 of the Rules of Court
(d),
holds
an
into
that
when
agreement
have
the
terms
been
of
reduced
Under
the
chain
shall,
between
their
successors-in-interest, no evidence of
such
the
seized
written
parties
agreement.
and
(Leighton
items
were
or
his/her
after
custody
immediately
of
seizure
confiscated
and
and/or
representative
or
CNP
applies
Contractors
to
Phils.
Inc.,
written
contractual documents.
vs.
agreements
or
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
party served.
Supreme
Court
case
retired,
is
was
raffled
dismissed
has
or
had died.
d. in the absence of all the
RTC
Judges
in
the
province or city.
SUGGESTED ANSWER:
(d), Proof of service of summons shall be
made in writing by the server and shall
be sworn to when made by a person
other than a sheriff or his deputy. (Rule
14, Sec. 18, Rules of Court). If the
service has been made by publication, it
may be proved by the affidavit of the
printer
to
publication
which
shall
copy
be
of
the
attached,
and
SUGGESTED ANSWER:
is through a:
a. motion
for
production
of
documents.
b. written interrogatories.
129).
c. request
for
admission
of
the
person
serving summons;
c. affidavit of the printer of the
publication;
SUGGESTED ANSWER:
(c), At any time after issues have been
joined, a party may file and serve upon
any other party a written request for the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
admission
by
the
hectorchristopher@yahoo.com
the
or
reiterate
the
latter
of
JayArhSals
allegations
of
the
request,
whose
purpose
is
mistake.
useless,
and
Corbin
to
57. The Sandiganbayan can entertain a
quo warranto petition only in:
vs.
2011).
(Wilmerding
a. cases
mere
involving
public
or higher.
b. only in aid of its appellate
jurisdiction.
which:
c. as a provisional remedy.
a. dismisses
case
without
d. cases
an
or
involving
"ill
gotten
shall
have
jurisdiction
over
wealth".
ambiguous
a
judgment
SUGGESTED ANSWER:
(b),
The
Sandiganbayan
exclusive
original
prohibition,
certiorari,
similar
nature,
including
quo
issued
in
1986:
Provided,
that
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
1606).
On the other hand, a judgment in the
58. The judgment in a criminal case
may
be
promulgated
by
the
a. a Sandiganbayan justice in
outside
the
province
or
city,
the
laws.
Court
if
the
accused
is
of
confinement
or
detention
upon
SUGGESTED ANSWER:
Court).
of
court
of
justice,
with
expected
judiciousness
and
to
to
exert
apply
to
amend
complaint.
d. third party complaint.
keener
broader
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
the
action,
called
hectorchristopher@yahoo.com
the
third
party
c. accused
or
any
other
relief,
JayArhSals
files
an
in
d. reclusion
perpetua
is
fails to appeal.
complaint,
leave
of
court
is
always
SUGGESTED ANSWER:
necessary.
60. Correctly complete the sentence: A
judgment
of
conviction
in
(c),
credible
only
if
corroborated.
an
appeal,
or
when
the
b. is never credible.
corroborated.
d. is always credible.
SUGGESTED ANSWER:
62. After a hearing on a Motion to
(c), The testimony of a lone prosecution
Dismiss,
or:
accused
may
either
indubitable.
be
reasonable
court
doubt.
may
beyond
the
believed
even
if
not
corroborated.
pleading
c. conduct
61. A
judgment
of
conviction
in
preliminary
hearing
was
SUGGESTED ANSWER:
tried
in
at the promulgation.
dismiss,
the court
may
dismiss
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
be
En
required to elevate to a
Banc.
(Aliviado
vs.
second
Proctor
and
is
prohibited
Motion be allowed?
a. the Sandiganbayan;
Quezon
provides
that
any
suit
SUGGESTED ANSWER:
d. Naga.
SUGGESTED ANSWER:
is
and
causing
for
be
be
likewise
potentially
patently
capable
reconsideration
reconsidered
operation
unjust
of
law
of
can
only
becomes
or
by
final
the
by
Courts
City.
ALTERNATIVE ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
given.
SUGGESTED ANSWER:
error
Petition
for
for
Extrajudicial
Foreclosure
by
failing
to
objection
object
became
at
the
reasonably
actions,
extrajudicial
depart
which
an
from
the
doctrinal
66. A
private
a. marked,
b. identified,
marked
c. marked,
in evidence.
offered in evidence.
not object.
witness.
identified,
witness
and
offered in evidence.
his
testimony if:
c. the
identified,
authenticated.
be
sequentially:
may
may
court
document
is
an
expert
SUGGESTED ANSWER:
(c),
Before
offered
as
any
private
authentic
is
document
is
received
in
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
evidence,
its
due
hectorchristopher@yahoo.com
and
marked
of
during
exhibits.
It
execution
JayArhSals
the
pre-marking
must
be
identified
and
by
witness,
and
the
authenticated
AMLC
under
law,
the
laundering
Court.
(R.A.
except
anti-money
the
10167,
Supreme
Sec.10);
(ii)
of
the
national
government.
b. against
any
a. to
freeze
order
compel
pending
the
antimoney
laundering
b. to
c. against
infrastructure
projects
like
the
SLEX
d. against
his
different
judge
to
decision
in
the
DAR
in
the
Law.
SUGGESTED ANSWER:
an
application
for
preliminary injunction.
to
writing.
Appeals
before
compel
reduce
extension.
of
judge
law.
Court
from
restraining
issuing
order
on
SUGGESTED ANSWER:
a
the
(b),
The
1987
Constitution
no
less
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
rendered
by
25
based.
1987
the
and
judge
even
Constitution).
directly
court
JayArhSals
without
(Art.
any
hectorchristopher@yahoo.com
VIII,
Sec.
Relative
prepared
14,
thereto,
by
the
after
if
proper
an
service
Answer
was
of
filed
such
by
in writing.
In Arellano vs. Court of First Instance of
69. A judgment by default can be issued
a. annulment of marriage.
b. legal separation.
c. cases
where
party
fails
to
appear
willfully
d. declaration
of
nullity
of
marriage.
after
proper
service
of
such
SUGGESTED ANSWER:
(c), If a party or an officer or managing
agent of a party wilfully fails to appear
before the officer who is to take his
a. A
plea
hectorchristopher@yahoo.com
of
guilty
later
JayArhSals
a. A
person
intends
the
withdrawn is admissible in
evidence
voluntary act.
against
accused
who
the
made
the
b. Official
plea.
duty
has
been
regularly performed.
inadmissible
tenancy period.
in
evidence
expenses
arising
of
civil/criminal
by
the
accused is admissible as an
SUGGESTED ANSWER:
(c), The tenant is not permitted to deny
the title of his landlord at the time of
the commencement of the Relation of
landlord and tenant between them (Rule
131, Sec.2, Rules of Court).
SUGGESTED ANSWERS:
The
jurisdiction is:
Comprehensive
Dangerous
a. the MTC;
(d), In civil cases, an offer of compromise
b. the RTC;
d. Family Court.
offeror.
(Rule
130,
Sec.27,
Rules
of
SUGGESTED ANSWER:
Court).
71. Under the Rules on Evidence, the
following
is
conclusive
well-being
particularly
be contradicted by evidence.
effects
of
of
its
children
from
dangerous
drugs
citizenry,
harmful
on
their
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
years
from
date
of
b. 2
years
from
date
of
c. 5
years
from
date
of
of
to file a claim.
any
of
the
offenses
under
The
d. 2
years
from
date
of
to file a claim.
on
the
following
grounds,
except :
SUGGESTED ANSWER:
(a), A person entitled to the estate of a
deceased person escheated in favour of
the State has a period of five (5) years
from the date of such judgment within
a. failure to prosecute;
b. lack of jurisdiction over
the parties;
c. litis pendentia;
meritorious,
d. prescription.
such
person
shall
have
SUGGESTED ANSWER:
case
on
the
ground
of
lack
of
Rules of Court).
75. The
MTC,
acting
as
an
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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76. A
JayArhSals
special
administrator
may
be
a. criminal
offenses
punishable
under
the
bond.
b. the executor fails to render
an account.
c. regular administrator has a
claim
d. violation
represents.
of
Anti-Pollution
Laws
against
estate
he
SUGGESTED ANSWER:
all
offenses
punishable
SUGGESTED ANSWER:
with
Rules of Court).
77. A defendant
may,
finality, file a:
after
declared in
judgment
a. Petition
for
but
before
Relief
from
Judgment;
c. Motion
the
MTC,
Environmental Court.
acting
as
an
default
for
Reconsideration;
d. Motion to Set Aside Order of
Default.
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
presented
Builders
by
vs.
him.
R.S.
(B.D.
long
Span
Ampeloquio
Realty
finality.
b. the
amendment
is
unsubstantial.
c. the
amendment
involves
designation of a party.
of
the
default
but
d. the
before
amendment
is
to
SUGGESTED ANSWER:
to
fraud,
accident,
mistake
or
(d),
When
issues
not
raised
by
the
already
been
rendered
when
he
been
Section
he
the
appeal
1(a)
discovered
from
of
the
the
Rule
37;
default
(3)
after
judgment
if
rendered
raised
in
the
pleadings.
Such
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
a. the
is:
account
of
President Aquino.
a. appeal the denial order.
by
evidence.
the
Congressional
Committee
on
Labor
Relations.
SUGGESTED ANSWER:
of
Arbitration.
Court
SUGGESTED ANSWER:
(Regalado,
Compendium,
2004
Remedial
Edition,
law
Tenth
ALTERNATIVE ANSWER:
for
certiorari
is
the
proper
warrant.
unwarranted
The
reversal
Trial
of
its
courts
earlier
Court
had
allowed
direct
the
political
constitution
and
case
of
R,
who
is
under
search warrant.
a. March 4;
b. March 16;
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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c. March 30;
(d),
All
criminal
actions
either
d. March 11.
SUGGESTED ANSWER:
filed
motion
to
same.
The
trial
prosecutor
Supreme
concurred
in
by
Court
when
members
who
b. five(S);
c. eight (8);
d. ten (10).
the
SUGGESTED ANSWER:
by:
a. a DOJ state prosecutor.
concurrence
court.
majority
of
the
of
manifested
his
case.
SUGGESTED ANSWER:
decided
en
banc:
Provided,
that
no
or
in
division
may
hectorchristopher@yahoo.com
be
modified
or
JayArhSals
(Article
VIII,
Sec.
4,
Corpus;
1987
Constitution).
SUGGESTED ANSWER:
(d),
them.
exclusive
Based
on
the
Rules
of
petition
to
the
have
jurisdiction
over
prohibition,
certiorari,
DSWD.
d. grant
original
shall
Sandiganbayan
The
the
petition
after
hearing.
the
SUGGESTED ANSWERS:
Functional
Organization
of
and
the
Structural
Sandiganbayan,
adopter(s)
may
disinherit
86. C,
convict,
was
able
to
get
the
85. Sandiganbayan
concurrent
exercises
jurisdiction
with
the
Appeals over:
c. file
a. Petitions
for
Writ
of
Motion
to
annul
judgment of conviction on
the ground of fraud.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
officially raffled.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
of
post-conviction
are
court,
the
shall
after
petition
reverse
to
or
DNA
due
be
testing
hearing,
finds
meritorious,
it
modify
the
judgment
of
pleadings,
appearances,
motions,
complaint
was
through
DNA Evidence).
Cooperative,
filed
private
Inc.
vs.
with
the
court
letter-forwarding
National
Labor
ABC,
private
letter
complaint.
service thereof:
a. 15;
b. 10;
c. 5;
d. 20.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
JayArhSals
absence
witness is unable
the
notice,
Rules of Court).
if
following
the
Court
finds
circumstances
the
are
attendant, EXCEPT:
the
witness
is
witness
is
incarcerated.
c. when
the
procured
deposition
that
by
the
party
to attend or testify
has
been
unable
such
to
exceptional
was
that
evidence
not
formally
judgment
on
the
pleadings.
b. evidence in land registration
proceedings.
c. evidence lost/destroyed due
to force majeure after being
marked,
identified
and
evidence
hectorchristopher@yahoo.com
JayArhSals
documents
allegations
Court
of
the
adverse
partys
not
noted
formally
that
offered
in
the
procedure
in
apply
pleadings
without
need
of
trial
and
of
to
Court.
naturalization
proceeding
(Bienvenido
Castillo
vs.
cases,
land
registration,
Appeals
issues
Writ
of
RTC
suppletory
character
and
whenever
Rules
Insurance
of
Court).
System
(Government
(GSIS)
vs.
Dinnah
naturalization
in
the
basis
of
restraining
the
latter
from
petition
within
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
preliminary injunction.
SUGGESTED ANSWER:
exhibits.
They
become
ALTERNATIVE ANSWER:
His
uncompleted
testimony
may
therefore be:
a. ordered stricken from the
record.
in
the
tactics
witness
which
eventual
incapacity to testify.
action
shall
be
dismissed.
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
SUGGESTED ANSWER:
JayArhSals
plaintiff
judgment.
is
considered
special
stand
all
or
Rules of Court).
incidental
affirmed;
matters,
and
the
on
petition
Motion
for
Reconsideration.
b. within 15 days from the
promulgation, surrender to
to
for
leave
to
avail
of
remedies.
vacate
the
leased premises.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
property.
such
disobedience
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
from
promulgation
of
judgment,
on
these
remedies.
He
shall
state
the
the
merits,
in
and
the
is
provided
prosecute
of
qualification
is
order
necessarily
to
dismissal
be
of
regarded
expressly
that
dismissal.
the
as
an
contains
dismissal
is
97. The
Rule
on
applicable to:
a. claims
dismissed,
motu
proprio,
his
unpaid
is
rentals
settlement
involving
for
Claims
b. enforcement of a barangay
c. it
Small
money
claim
dismissal
with
prejudice.
d. a bar to a subsequent action
on the same cause.
quasi-delict
amounting to P 100,000.
d. action
to
collect
on
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
expressly
insists
in
JayArhSals
SUGGESTED ANSWER:
and
(b)
the
civil
aspect
99. A
of
certificate
against
Forum-
b. application
warrant.
for
search
c. complaint-in-intervention.
d. petition
for
Writ
of
Kalikasan.
SUGGESTED ANSWER:
court
can
receive
evidence
certification
shopping
is
application
not
for
against
required
search
forum
in
warrant.
an
The
pleading
certificate
to
be
of
accompanied
non-forum
with
shopping
c. cases
where
the
parties
agree in writing.
d. land
proceedings.
SUGGESTED ANSWER:
2000).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
100.
An
hectorchristopher@yahoo.com
accused's
JayArhSals
custodial
a. at
preliminary
investigation.
b. at
Castillo,
J.).
preliminary
police
line-up
for
identification purposes.
The
right
to
investigation
have
conducted
c. at ultra-violet examination to
risk
of
incarceration
hands.
To
with eyewitness.
the
mere
other
penalty,
deny
not
some
d. at one-on-one confrontation
is
or
accuseds
formal
claim
or
to
SUGGESTED ANSWER:
to
due
Sandiganbayan,
November
16,
process.
G.R.
2001).
(Sales
No.
vs.
143802,
Applying
the
apply
(1),
1987
Constitution).
These
during
preliminary
and
kinds
of
preliminary
preliminary
investigation
including
investigation.
investigation,
In
a
public
the
merely
the
right
inquisitorial
to
counsel.
in
nature.
Moreover,
cross-examine
his
accusers
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
G.R.
No.
158734,
October
2,
2009,
2003).
investigation,
exhaustive
investigation
investigation
accused
him
is
full
probably
and
guilty
thereof.
Otherwise
from
stated,
begins
starts
the
custodial
when
to
very
focus
start
the
on
of
that
G.R.
undergo
(c),
At
ultra-violet
determine
presence
examination
of
ultra
to
violet
No.
129295,
ultra-violet
April
15,
2001).
examination
to
violet
his
examination
to
determine
Constitutional
safeguard
and
remain silent.
action
in
any
significant
way.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
Exam
JayArhSals
excess of P1,000.00.
petition be dismissed?
habitual delinquency?
Yes,
the
felonies
are
both
not
Code.
required
in
special
proceedings.
(B)
Yes,
her
twin
convictions
(C) No,
case.
the
felonies
fall
under
(D)
in summary proceedings.
No,
the
charges
the
following
are
both
is
NOT
bailable.
(2) A pending criminal case, dismissed
provisionally, shall be deemed permanently
(4)
CONSISTENT
respect
expropriation proceedings?
to
offenses
punishable
imprisonment
(A) of more than 12 years.
by
Which
of
with
the
rules
governing
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
the
to
just
Board
determine
of
the
Commissioners
amount
of
compensation.
immediate
possession
of
the
property
after
the
for
judgment
public
and
use
payment
of
defendants appeal.
(B) In Taguig or Makati at the
(5) Which of the following is a correct
option
of
Gary
since
it
is
amendment
that
accused pleads.
(B)
Substantial
amendments
are
before
the
accused
pleads.
(D)
After
the
plea,
formal
leave of court.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
evidence
personally.
following
In
which
of
the
court
clerk of court?
allowed.
upon a motion.
(B)
The
court
shall
render
its
account.
allowed.
default is allowed.
reasonable grounds.
(A)
The
court
may
appoint
the
objection.
after conviction.
(B) A receiver may be appointed
(B) Yes, bail is a matter of right in all
obligor
Metropolitan
to
apply
his
refuses
Trial
Court
The
filing
of
bond
on
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(12)
Bearing
between
in
hectorchristopher@yahoo.com
mind
private
and
JayArhSals
the
distinction
public
document,
without
further
proof
of
due
execution or genuineness?
record
of
the
official seal.
parties.
(D)
Unblemished
receipt
dated
action?
Can
the
court
punish
him
for
contempt?
subject matter.
(C)
the
(D) Prescription.
under
Statutes of Fraud.
another.
Unenforceability
partition
of
the
thing
owned
in
common?
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
co-owners
has
attached
the
property.
served
if
the
criminal
case
is
suspended.
(B) When
the
property
is
essentially indivisible.
family.
(D)
When
co-owner
uses the
property
wrongfully
adverse party.
has
detained
by
been
the
writ.
that
exists.
such
prejudicial
question
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
bus
driver,
in
default
hectorchristopher@yahoo.com
and
rendered
JayArhSals
right
damages to Gerry.
property.
act
to
the
possession
of
the
correctly?
(21) 008-997-0001 In which of the following
(A) No, since the court should
instances
ERRONEOUSLY applied?
defendants
upon
the
is the
quantum
of
evidence
bus
(A)
companys answer.
in
Writ
of
Amparo
cases,
substantial evidence.
(B)
No,
the
court
should
have
moneyed
civil
defendant
is
the
bus
cases,
preponderance
of
company.
evidence.
(C)
evidence.
(D) to
Rico
may
admitted
be
the
deemed
to
allegations
in
have
the
complaint.
to
overcome
rebut
the
disputable
presumptive
substantial evidence.
(22) The accused jumps bail and fails to
statement
of his absence?
(A)
Counsel
may
appeal
the
(B) The
judgment
shall
be
(C)
The
hectorchristopher@yahoo.com
promulgation
of
the
JayArhSals
the court.
served.
manner of service.
died,
survived
by
his
son,
C.
No
the execution.
process.
(C) Immediately lift the levy and
(C) Yes, because the negligence of
A.
bond
in
obligee
favor
and
of
the
release
judgment
the
levied
survive Bs death.
Which
of
the
REGARDED
as
following
sufficient
is
NOT
proof
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
(A)
Yes,
his
previous
conviction
(C) Special
certiorari
civil
with
action
the
of
Supreme
Court.
violated
the
terms
of
his
pardon.
(D) Appeal to the Court of Appeals.
(C) No, because he is presumed
(27) Which of the following is a duty
(D) No,
one
charged
with
the
not
notwithstanding
ward.
pardon.
to
post
a
bail,
previous
resources.
from contract.
(B)
required
public
places
punishable
by
Unenforced
money
judgment
for
damages
arising
from quasi-delict.
city
ordinance
against
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
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JayArhSals
homicide.
opinion.
accused committed.
that time.
physical
injuries
for
stabbing
custody
rule
may
be
offset
by
Ben
had
already
been
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
within
the
jurisdiction
administrative tribunals.
of
judgment
of
another
court
of
coordinate jurisdiction.
(A)
Yes,
since
causes
of
action
(B) No,
since
pertaining
causes
to
of
different
action
appropriate court.
venues
its jurisdiction.
civil action.
intended to be filed.
may
parties.
(D)
No,
since
plaintiff
open court.
(D) Admissions made in a complaint
superseded
complaint.
by
subsequent
happenings
or
events.
(B) Courts will not hear and decide
cases involving issues that come
by
an
amended
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(B)
None,
the
hectorchristopher@yahoo.com
judgment
JayArhSals
being
nations.
(38) To prove payment of a debt, Bong
(C) That the foreign court erred in
the judgment.
(A) Yes, since what Ambo said and
(37) Cindy charged her husband, George,
statement.
did
startling occurrence.
was
not
in
response
to
evidence?
and
bigamy.
action,
subject
of
Bongs
act.
(B) No, at least one direct evidence
and two circumstantial evidence are
bigamy.
(C) No,
the
hectorchristopher@yahoo.com
JayArhSals
to defraud Bren.
to
Bren.
After
being
paid
but
before
dismiss
reconsideration?
and
related
motion
for
his
company
reassigned
Arthur
on
ground
of
grave
abuse of discretion.
(D) Appeal the orders of denial.
(42) During trial, plaintiff offered evidence
that appeared irrelevant at that time but he
said he was eventually going to relate to the
issue in the case by some future evidence.
The defendant objected. Should the trial
court reject the evidence in question on
ground of irrelevance?
(A) No, it should reserve its ruling
until the relevance is shown.
(B) Yes, since the plaintiff could
anyway subsequently present the
evidence anew.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
not admissible.
(D) No,
it
should
admit
it
be
instituted
shown.
petition is filed.
after
an
Amparo
robbery,
bag-snatching
has
committed
robberies.
Alex,
evidence;
for
preponderance
Melba,
of
substantial
evidence.
(C)
For
For
reasonable
Alex,
proof
beyond
for
Melba,
doubt;
ordinary diligence.
(D) For both, substantial evidence.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
the
person
ADMISSIBLE
declaration
against
his
of
interest
deceased
NOT
have
the
improvements
third persons?
demolished.
forcibly
have
the
latter
cited
in
contempt of court.
will
demolish
the
the
been dissolved.
and
court,
proceed
obtained
to
at
the
demolish
the
improvements.
the
bondsman
without
notice
to
the
bondsman.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
warrant?
(A)
The
warrant
specifically
to
intervene,
the
intervenor
determines
probable
(B)
Yes,
intervention
is
merely
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
statement
during
the
conspiracy.
(C)
Yes,
since
it
constitutes
reconsideration.
the
court
issued
an
order,
denying
motion
for
not
apply
to
special
proceedings.
(C) No, since change of name does
not involve public interest and the
rules should be liberally construed.
(D) Yes,
dismissal
since
of
the
rule
on
action
upon
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
name.
capital offenses?
"verification"
the case.
(B)
lacks
jurisdictional
requirement.
not strong.
is considered not
filed and
should be expunged.
(D) special
civil
action
of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(A) Yes,
hectorchristopher@yahoo.com
questions
of
collation
JayArhSals
civil case.
estate proceedings.
and executory.
(C) Ask
and prohibition.
proceeding
must
be
suspended
meantime.
(60)
What
is
the
consequence
of
the
pre-trial?
(A) The trial court shall declare him
as in default.
The
plaintiff
has
tolerated
vacate.
(D) The lessor institutes the action
against a lessee who has not paid
erroneously
if
trial
reconsideration;
the
for
denies
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
the
court
NOT
hectorchristopher@yahoo.com
ALLOWED
to
render
JayArhSals
filed
motion
to
dismiss
the
institution.
In
the
proceeding,
the
and
cannot
be
parcel
of
land,
suing
for
partition
(B) An agent acting in his own name
suing for the benefit of a disclosed
principal
as
affirmative
when
the
cause
of
action
action
on
ground
of
prescription?
(A) Yes, because prescription is an
Motion.
(B) No, because affirmative defenses
dismiss.
(D)
action
claimed
of
defendant
of
prescription
the
answer,
dismiss
resident
his
administrator
suing
for
the decedent
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
(B) He
may
in
hectorchristopher@yahoo.com
general
be
JayArhSals
(A) Yes,
an
unregistered
entity
manager.
(B)
lesser offense.
of
the
rules
involved
in
interest,
no
the
owners
of
MCM
summons.
juridical personality.
involving
facts
the
fraud?
may
hear
initially
(A) Collusive
(68)
has
are
MCM
consolidation of cases?
cases
because
sued.
No,
suppression
by
action.
for appeal.
trial.
Summons
was
served
on
"MCM
(C)
The
defendants
fraudulent
to the plaintiff.
(D)
Use
of
falsified
documents
hectorchristopher@yahoo.com
JayArhSals
evidence?
the
trial
court
bound
to
grant
the
withdrawal?
prosecutor.
whether
the information.
still
lives,
is
Secretary
he
Justice
in
criminal
(73)
Which
of
the
following
is
NOT
contract.
(D) waiver
of
plaintiffs
right
hectorchristopher@yahoo.com
JayArhSals
replevin?
impeachment.
found
insufficient
or
defective
action accrued.
sheriff.
(C) Yes, since procedural rules have
(75) Character evidence is admissible
retroactive effect.
(D) Yes,
may
prove
character
his
if
good
pertinent
moral
to
the
since
procedural
rules
pending cases.
(B)
in
prosecution
criminal
may
cases,
prove
the
the
bad
it
is
second
motion
for
not be proved.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige
hectorchristopher@yahoo.com
JayArhSals
Court
look
at
the
evidence
and
the
arguments.
estate
suppletorily
cause;
extrajudicial
mortgage
applicable
is
to
bar
by
prior
judgment
foreclosures.
an
(B) In
judicial
foreclosure,
(C) Conclusiveness
of
judgment
foreclosure.
adjudged.
(D)
Conclusiveness
of
judgment
an action.
the case?
hectorchristopher@yahoo.com
JayArhSals
motive.
(D)
No,
since
it
constitutes
co-equal
jurisdiction.
(D) British
law
on
succession
court
with
concurrent
judge.
(A) The courts decision shall be held
(82) The RTC of Malolos, Branch 1, issued a
former
on
third
partys
property.
(B) Yes, since Branch 2, like Branch
(D)
The
trial,
court
if
material
shall
and
vacate
the
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(C) The
donation
testator
intended
intervivos
(C)
but
No,
since
the
CSC
is
Constitutional Commission.
concurrent
with
the
Supreme
Court.
(85) As a rule, the estate shall not be
distributed prior to the payment of all
defendant.
(A) The
residual
estate
assets
has
sufficient
and
the
with prejudice.
(88)
Which
of
the
an action
following
is
NOT
to be true.
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aforesaid interest.
decedents heirs.
regarding
Andy's
identification
of
the
claim
established
less
than
under
what
a
is
written
knowledge
of
Andys
(91)
The
prosecution
moved
for
the
record.
hearsay.
(B) Romy will be prosecuted along
(90) In which of the following cases is the
mitigated.
(D) The court can convict him based
on his testimony.
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City court.
in
of
between
all
heirs
ownership
the
of
issue
estate
of
asset,
parties
dispute
the
the
case
to
this
person is affected.
(D)
rescind
contract
of
lease
contract
carriage.
will
supersede
the
venue
for
the withdrawal?
under
this contract
to seller
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(A) No,
since
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the
suretys
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mandatory
lasts up to judgment.
substantive law.
(B)
The
provision
Supreme
Court
of
may
serious implications.
with
respect
to
court
attendance.
surety company.
within
their
exclusive
jurisdiction.
passed.
since
the
excited
Yes,
as
an
independently
relevant statement.
(97) Which of the following NOT TRUE
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After
summary
the
period
to
judgment
appeal
expired,
from
the
the
court
(B)
Yes
since,
assuming
the
a warrant.
(C) No, since the rules do not allow a
(B) When the accused, while under
(D)
his
required
right
to
preliminary
investigation.
No,
since
special
for
execution
reason
is
pending
(C)
When
challenge
the
accused
fails
the
validity
of
warrantless
arrest
at
to
the
his
arraignment.
(D) When the arresting officers take
the suspect before the judge who
issues a detention order against
him.
(100) In a civil action involving three
separate
causes
of
action,
the
court
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References:
Answers
to
Bar
Examination
lawphil.net
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.-Leroy Satchel Paige