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REMEDIAL LAW REVIEW FINAL EXAMS Given - 04 April 2014; Due — 07 April 2014, 12 noon EXPLAIN AND SUPPORT YOUR ANSWERS. QUALIFY IF NECESSARY 1. Plaintiff's counsel intends to use as evidence a document kept by a third person not a defendant in the case. ') Before pre-trial, how could plaintiff's counsel gain access to the document? li) Woukd the procedure be different were the document in the possession of the party defendant? 2. Plaintiff ignores a Request for Admission served by defendant the effect of which destroys plaintiffs case. What should be defendant's counsel's next move? 3. Defendant's defense is based on a receipt copy of which is set forth in, and attached to the Answer. For plaintiff's failure to file a Reply, defendant moves for & ‘summary judgment in his favor: |. Provide the basis for defendant's motion. ji, Provide the basis for the Opposition to defendant's Motion? ii, Provide the basis for defendant's Reply. iv. How would you decide as the judge? 4. A Agrees to buy B's house and lot worth millions, over a telephone ‘conversation which B, unbeknownst fo A, has taped. A changes his mind and B files @ case for specific performance. In his defense, A denies ever having a telephone conversation with B. During trial, B is about present the tape to prove the agreement. ‘A objects on two (2) grounds: (1) the tape is not pre-marked during pre-trial, and, (2) ‘ral evidence is incompetent to prove a contract in fringing the statue of frauds. B counters thatthe tape is not a document which needs to be pre-marked during pre-trial and that unenforceability is waived as a defense not having been pleaded in the Answer. AAs the judge, rule on A's objection. 5. I) Under the same facts as in question no. 4, the judge disallows the presentation of the tape. A, on the other hand, files a criminal case against B for Violation of the Anti-Wire Taping Act. Could B he compelled to produce the tape’ |) Atthe preliminary investigation? il) Atthe tial ofthe criminal case? 1) Is the civil case for speciic performance earlier filed by B against A a prejudicial question to the criminal case for violation of the AntiWire Taping Act? 6. Should the Court, ikewise, direct the execution of a deed of conveyance in a case for the declaration of nulity of a deed of sale of a piace of land just as in the cease for specific performance? 7. Cis the purchaser of D's extrajudicially foreclosed house and lot. D ‘continues to be in possession of the premises as C’s lessee. D fails to redeem and refuses to vacate upon the termination of the lease, What is C's remedy to acquire possession of the property? 8. Plaintif moves for a reconsideration of the RTC’s dismissal of the case on the cours own initiative. The RTC declares the motion *pro-form: issued way beyond sixty (60) days from plaintf’s receipt of the order of dismissal. 1) What would be plaintif’s remedy? il) Provide the basis for defendant's opposition? in a Resolution 9. E borrows @ substantial amount from F. Since E cannot sign nor thumbmark the promissory note because both his hands are in a cast, E has his declaration and acknowledgment of indebtedness, the due date for repayment and his promise to sign the promissory note as soon as he is able video taped by his son who ‘ives F copy of the tape. E dies before he could have signed the promissory note. |) May the videotape tape be used to prove F's claim against E's estate? ji) May E's son be compelied to testify to authenticate the videotape taken by him? 10. An accused is convicted of homicide under an Information for homicide. (On appeal could the accused be found guilty of, and be sentenced for murder? 14, In an action for replevin, plaintif is able to acquire possession of the chattel before defendant fles an Answer. What should be plaints next move? 12, Cite an instance where a special civil action for certiorari is based more on {an error of judgment than on an etror of jurisdiction. 13. In a criminal case that is due for decision, both the court and the Prosecution believe and agree that a mistake has been made in charging the proper offense because the offense charged which is at variance with the offense proved are ‘not embraced under the same title of the RPC, although the essential ingredients of the offense charged constitute or form part of the essential elements of the offense proved. What would you do if you were the defense counsel? 14. A resides in Manila. B, A's only sibling resides in Quezon City. Their parents were residents of Marikina City at the time of death. The estate consists of lands in Pasig City. AA discovers that most of their parents’ properties have gone to B. A questions B's ownership of the lands which A believes should stil be part ofthe estate, leading to a serious and irreconcilable disagreement between the siblings and prompting A to file 4 petition for the judicial settlement of the estate. Part of A's petition is an action for the declaration of nulity of the transfer of the lands to B and that the same be considered part of the estate: |) What should be B's move? jt) Provide the basis for A's opposition ii) Decide as the judge. 15. May an adopted child be compelled to testify against an ascendant of the child's adoptive parent?

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