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REMEDIAL LAW
28 October 2012
8:00A.M.- 10 A.M.
Chairperson
20/2 Bar Examinations Committee
IRemedial Law
1.
2.
b)
c)
d)
In real actions, the docket and filing fees are based on:
a)
b)
c)
d)
6.
5.
production order;
witness protection order;
hold departure order;
temporary protection order.
4.
Under the Rules on the Writ of Amparo, interim relief orders may be
issued by the Court except:
a)
b)
c)
d)
3.
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IRemedial Law
b)
c)
d)
7.
A wants to file a Petition for Writ of Habeas Data against the AFP in
connection with threats to his life allegedly made by AFP intelligence
officers. A needs copies of AFP highly classified intelligence
reports collected by Sgt. Santos who is from AFP. A can file his
petition with:
a)
b)
c)
d)
8.
d)
11.
10.
9.
motu proprio dismiss the motion for not complying with Rule 15.
allow the parties the opportunity to be heard.
return the motion to X's counsel for amendment.
15
'
30
'
days:
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IRemedial Law
c)
d)
12.
b)
c)
d)
b)
c)
d)
At arraignment, X pleads not guilty to a Robbery charge. At the pretrial, he changes his mind and agrees to a plea bargaining, with the
conformity of the prosecution and offended party, which downgraded
the offense to theft. The Court should therefore:
a)
b)
c)
d)
16.
15.
14.
'
13.
60
'
120
A criminal case should be instituted and tried in the place where the
offense or any of the essential elements took p!ace, except in:
a)
b)
Estafa cases;
Complex crimes;
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IRemedial Law
c)
d)
17.
18.
c)
d)
b)
c)
d)
21.
20.
19.
not interrupt
interrupt the
interrupt the
interrupt the
IRemedial Law
a)
b)
c)
d)
22.
b)
c)
d)
25.
24.
221
23.
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Estoppel;
Conclusiveness of judgment;
Res Judicata;
Stare decisis.
and is
IRemedial Law
26.
d)
d)
30.
29.
28.
221
27.
Page 7 of
to
to
to
to
prove robbery.
prove homicide.
prove robbery and homicide.
prove the "corpus delicti".
Absentees;
Escheat;
Change of First Name;
IRemedial Law
d)
31.
d)
In a criminal case for violation of a city ordinance, the court may issue
a warrant of arrest:
a)
b)
c)
d)
35.
34.
33.
32.
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a court-appointed sheriff.
IRemedial Law
b)
c)
d)
36.
b)
c)
d)
b)
c)
d)
39.
38.
37.
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IRemedial Law
221
41.
42.
b)
c)
d)
Motion
Motion
Motion
Motion
to
to
to
to
45.
'
10'
30
'
None of the above.
44.
15
43.
(Remedial Law
a)
b)
c)
d)
46.
c)
d)
Atty. A drafts a pleading for his client 8 wherein B admits certain facts
prejudicial to his case. The pleading was never filed but was signed
by Atty. A. Opposing counsel got hold of the pleading and presents
the same in court. Which statement is the most accurate?
a)
b)
c)
d)
49.
text messages;
telephone conversations;
faxed document;
online chatroom sessions;
48.
47.
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IRemedial Law
c)
d)
50.
b)
c)
d)
A judge of an MTC can hear and decide petitions for habeas corpus
or applications for bail where:
a)
b)
c)
d)
54.
53.
52.
51.
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(Remedial Law
c)
d)
55.
c)
d)
d)
60.
59.
58.
57.
221
56.
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IRemedial Law
a)
b)
c)
d)
61.
c)
d)
b)
c)
d)
the Sandiganbayan;
the Office of the President;
the Supreme Court;
None of the above.
65.
64.
63.
221
62.
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Makati;
Makati and/or Naga;
Quezon and/or Makati;
Naga.
IRemedial Law
a)
b)
c)
d)
66.
c)
d)
b)
c)
d)
70.
69.
68.
221
67.
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annulment of marriage.
legal separation.
cases where a party willfully fails to appear before the officer
who is to take his deposition.
declaration of nullity of marriage.
1n
evidence
IRemedial Law
b)
c)
d)
71.
b)
c)
d)
'
failure to prosecute;
lack of jurisdiction over the parties;
litis pendentia;
prescription.
75.
the MTC;
the RTC;
Special Drugs Court;
Family Court.
74.
73.
72.
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5 years from
2 years from
5 years from
2 years from
date
date
date
date
lRemedial Law
a)
b)
c)
d)
76.
d)
80.
79.
78.
221
77.
criminal
9175)
violation
violation
violation
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IRemedial Law
81.
82.
three (3);
five(S);
eight (8);
ten (1 0).
85.
4;
16;
30;
11.
84.
March
March
March
March
After the DOJ Secretary granted accused's Petition for Review, the
prosecution filed a motion to withdraw the Information before the trial
court. The judge therein denied the same. The trial prosecutor
manifested before the judge that he can no longer prosecute the case
because he is only an alter ego of the DOJ Secretary who ordered
him to withdraw the Information. The case should therefore be
prosecuted by:
a)
b)
c)
d)
83.
221
IRemedial Law
a)
b)
c)
d)
86.
b)
c)
d)
b)
c)
d)
15
10'
s' '
20.
90.
89.
X filed a complaint with the RTC through ABC, a private letterforwarding agency. The date of filing of the complaint shall be:
a)
88.
221
87.
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One of the exemptions to the general rule that evidence not formally
offered shall not be considered is:
IRemedial Law
a)
b)
c)
d)
91.
re-raffled to a division.
original action shall be dismissed.
The judgment appealed from shall be official.
again deliberated upon.
95.
94.
93.
92.
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IRemedial Law
a)
b)
c)
d)
96.
b)
c)
d)
99.
98.
97.
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IRemedial Law
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at preliminary investigation.
at police line-up for identification purposes.
at ultra-violet examination to determine presence of ultra violet
powder on &ccused's hands.
at one-on-one confrontation with eyewitness.
REMEDIAL LAW
28 October 2012
ESSAY-TYPE QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten (1 0) questions
(numbered I to X) contained in FIVE (5) pages.
Begin your answer to each numbered question on a separate page;
an answer to a sub-question/s under the same number may be
written continuously on the same page and succeeding pages until
completed.
Answer the question directly and concisely. Do not repeat the
question. Write legibly.
HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO
RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
Chairperson
2012 Bar Examinations "'"'__ .--om-m-:ittee
IRemedial Law
a)
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After an information for rape was filed in the RTC, the DOJ
Secretary, acting on the accused's petition for review, reversed the
investigating prosecutor's finding of probable cause. Upon order
of the DOJ Secretary, the trial prosecutor filed a Motion to
Withdraw Information which the judge granted. The order of the
judge stated only the following:
"Based on the review by the DOJ Secretary of the
findings of the investigating prosecutor during the
preliminary investigation, the Court agrees that
there is no sufficient evidence against the accused
to sustain the allegation in the information. The
motion to withdraw Information is, therefore,
granted."
If you were the private prosecutor, what should you do? Explain. (5/o)
b)
II
a)
b)
Ill
a)
b)
IRemedial Law
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to him claiming ownership of the land. Where should A file the case?
Explain. (5/o)
IV
a)
A bought a Volvo Sedan from ABC Cars for P5.0M. ABC Cars,
before delivering to A, had the car rust proofed and tinted by XYZ
Detailing. When delivered to A, the car's upholstery was found to b~
damaged. ABC Cars and XYZ Detailing both deny any liability. Who
can A sue and on what cause(s) of action? Explain. (5/o)
b)
v
a)
b)
c)
IRemedial Law
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Suppose the judge issues the search warrant worded in this way:
(3/o)
d)
e)
f)
IRemedial Law
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VII
a)
b)
VIII
a)
b)
IX
a)
b)
IRemedial Law
Page
6of 61
a)
b)
c)
What are the jurisdictional facts that must be alleged in a petition for
probate of a will? How do you bring before the court these
jurisdictional facts? (3%)
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