SET 52 QUESTIONS

REMEDIAL LAW

1. ( 2016 )

Q: Tristan filed a suit with the RTC of Pasay against Arthur King and/or Estate of Arthur King for
reconveyance of a lot declared in the name of Arthur King under TCT No. 1234. The complaint alleged
that”on account Arthur King’s residence abroad up to the present and the uncertainty of whether he is
still alive or dead, he or his estate may be served with summons by publication.” Summons was published
and nobody filed any responsive pleading within sixty (60) days therefrom. Upon motion. Defendants
were declared in default and judgment was rendered declaring Tristan as legal owner and ordering
defendants to reconvey said lot to Tristan.

Jojo, the court-designated administrator of Athur King’s estate, filed a petition for annulment of judgment
before the CA praying that the decision in favor of Tristan be declared null and void for lack of jurisdiction.
He claims that the action filed by Tristan is an action in personam and that the court did not acquire
jurisdiction over defendants Arthur King and/or his estate. On the other hand, Tristan claims that the suit
is an action in rem or at least an action quasi in rem. Is the RTC judge correct in ordering service of
summons by publication? Explain. (2016 Bar)

2. ( 2016 )

Q. a.. Is the buyer in the auction sale arising from Is the buyer in the auction sale arising from an
extraan extrajudicial foreclosure entitled to a writ of possession judicial foreclosure entitled to a writ
of possession even before the expiration of the redemption even before the expiration of the
redemption period? If so, what is the action to be taken? period? If so, what is the action to be taken?

bb.. After After the the period period ooff redemption redemption has has lapsed lapsed and and
the the title to the lot is consolidated in the name of the title to the lot is consolidated in the name of
the auction buyer, is he entitled to auction buyer, is he entitled to the writ of possession the writ of
possession as a matter of right? If so, what is the action to be as a matter of right? If so, what is the
action to be take? take?

cc.. Suppose that after the title to the lot has been Suppose that after the title to the lot has been
consolidated in the name of the acution buyer, said consolidated in the name of the acution buyer,
said buyer sold the lot to a third party without first buyer sold the lot to a third party without first
getting a writ of possession. Can the transferee getting a writ of possession. Can the transferee
exercise the right of the auction buyer and clai exercise the right of the auction buyer and claim that
m that it is a ministerial duty of the court to issue a writ of it is a ministerial duty of the court to issue
a writ of possession in his favour? Briefly explain. (2016 Bar) possession in his favour? Briefly explain.
(2016 Bar)

3. ( 2014 )
Q: A was charge before the Sandiganbayan with a crime of plunder, a non-bailable offense, where
the court had already issued a warrant for his arrest. Without A being arrested, his lawyer filed a
Motion to Quash Arrest Warrant and to Fix Bail, arguing that the allegations in the information
did not charge the crime of plunder but a crime of malversation, a bailable offense. The court
 denied the motion on the ground that it had not yet acquire jurisdiction over the person of the
accused and that the accused should be under the custody of the court since the crime charged
was non-bailable. The accused’s lawyer counter- argued that the court can rule on the motion
even if the accused was at-large because it had jurisdiction over the subject matter of the
case. According to said lawyer, there was no need for the accused to be under the custody of the
court because what was filed was a Motion to Quash Arrest and to Fix Bail not a Petition for Bail.

a. If you are the Sandiganbayan, how will you rule on the motion?

b. If the Sandiganbayan denies the motion, what judicial remedy should the accused undertake?
(2014 Bar)

4. ( 2016 )

Q: Under Section 5, Rule 113, a warrantless arrest is allowed when an offense has just been committed
and the peace officer has probable cause to believe, based on his personal knowledge of facts and
circumstances, that the person to be arrested has committed it. A policeman approaches your for advice
and asks you how he will execute a warrantless arrest against a murderer who escaped after killing a
person. The policeman arrived two (2) hours after the killing and a certain Max was allegedly the killer per
information given by a witness. He asks you to clarify the following:

a. How long after the commission of the crime can he still exeute the warrantless arrest?

b. What does “personal knowledge of the facts and circumstances that the person to be arrested
committed it” mean? (2016 Bar)

5. ( 2016 )
Q: The Information against Roger Alindogan for the crime of acts of lasciviousness under Art. 336
of the Revised Penal Code avers:
“That on or about 10:30 o’ clock in the evening of February 1, 2010 at Barangay Matalaba, Imus,
Cavite and within the jurisdiction of this Honorable Court, the above-named accused, with lewd
and unchaste design, through force and intimidation, did then and there, wilfully, unlawfully and
feloniously commit sexual abuse on his daughter, Rose Domingo, a minor of 11 years old, either
by raping her or committing acts of lasciviousness on her, against her will and consent to her
damage and prejudice.

“ ACTS CONTRARY TO LAW.”

The accused wants to have the case dismissed because he believes that the charge is confusing
and the information is defective. What ground or grounds can he raise in moving for the quashal
of the information? Explain. (2016 Bar)

6. ( 2010 )
Q: In a prosecution for rape, the defense relied on Deoxyribonucleic Acid (DNA) evidence showing
that the semen found in the private part of the victim was not identical with that of the accused.
As private prosecutor, how will you dispute the veracity and accuracy of the results of the DNA
evidence? (2010 Bar)
 7. ( 2016 )
Q: What are the contents of a judicial affidavit? (2016 Bar)

LEGAL ETHICS

8. ( 2015 )
Q: Maria and Atty. Evangeline met each other and became good friends at zumba class. One day,
Maria approached Atty. Evangeline for legal advice. It turned out that Maria, a nurse, previously
worked in the Middle East. So she could more easily leave for work abroad, she declared in all her
documents that she was still single. However, Maria was already married with two children. Maria
again had plans to apply for work abroad but this time, wished to have all her papers in order.
Atty. Evangeline, claiming that she was already overloaded with other cases, referred Maria’s case
to another lawyer. Maria found it appalling that after Atty. Evangeline had learned of her secrets,
the latter refused to handle her case.

Maria’s friendship with Atty. Evangeline permanently turned sour after Maria filed an
administrative case against the latter for failing to return borrowed jewelry. Atty. Evangeline, on
the other hand, threatened to charge Maria with a criminal case for falsification of public
documents, based on the disclosures Maria had earlier made to Atty. Evangeline.
Was the consultation of Maria with Atty. Evangeline considered privilege? (2015 Bar)

9. ( 2014 )
Q: R is a retained counsel of ABC Bank-Ermita Branch. One day, his balikbayan compadre, B,
consulted him about his unclaimed deposits with the said branch of ABC Bank, which the bank
had refused to give to him claiming that the account had become dormant. R agreed to file a case
against the bank with the Regional Trial Court (RTC) of Manila. B lost the case, but upon the advice
of R, he no longer appealed the decision. B later discovered that R was the retained counsel of
ABC Bank-Ermita Branch.

Does B have any remedy? Discuss the legal and ethical implications of the problem. (2014 Bar)

10. ( 2016)

Q: St. Ivan’s Hospital, Inc. (St. Ivan’s) and allied Construction Co. (Allied) separately retained the legal
services of Tomas and Benedicto Law Offices. St. Ivan’s engaged the service of Allied for the construction
of a new building but failed to pay the contract price after the completion of the works. A complaint for
sum of money was filed by Atty. Budoy, a former associate of Tomas and Benedicto Law Offices, on behalf
of Allied against St. Ivan’s. St. Ivans, lost the case and was held liable to Allied.

Thereafter, St. Ivan’s filed a disbarment complaint against Atty. Budoy. It claimed that while Atty. Budo
has established his own law office, an arrangement was made whereby Tomas and Benedicto Law Offices
assign cases for him to handle, and that it can be assumed that Tomas and Benedicto Law Offices
collaborate with Atty. Budo in the cases referred to him, creating a conflict of interest. Rule on the
complaint with reasons. (2016 Bar)