Beruflich Dokumente
Kultur Dokumente
4
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 359 & pp. 19-20) BY ATTY. S. N. MOYA II, LL.M.
ANSWER: No.
8
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 627 & 76) BY ATTY. S. N. MOYA II, LL.M.
Sec. 3. Pleadings.—
x-x-x
B. Verifications. — All pleadings shall be
verified. 9
Q. Is the non-verification of a pleading
jurisdictional in character?
II
13
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 24 & 258) BY ATTY. S. N. MOYA II, LL.M.
ANSWER:
Q. How is an action ascertained as one
capable or not of pecuniary estimation?
Which court has the jurisdiction to try the
case?
20
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 546) BY ATTY. S. N. MOYA II, LL.M.
ANSWER:
VI
25
x-x-x
26
BAR NOTES AND CASES IN REMEDIAL LAW
(pp. 97-98) BY ATTY. S. N. MOYA II, LL.M.
ANSWER:
27
A supplemental pleading states the
transactions, occurrences or events which took
place since the time the pleading sought to be
supplemented was filed. A supplemental
pleading is meant to supply deficiencies in aid
of the original pleading and not to dispense
with or substitute the latter. It does not
supersede the original, but assumes that the
original pleading is to stand. (Loy, Jr. vs. San
Miguel Corporation Employees Union-Philippine
Transport and General Workers Organization
(SMCEU-PTGWO), 605 SCRA 212, 24 November 2009.)
28
(c) Can the facts subject of an
unanswered request for admission
be the basis of a summary
judgment? (2.5%)
29
BAR NOTES AND CASES IN REMEDIAL LAW
(pp. 138-139) BY ATTY. S. N. MOYA II, LL.M.
ANSWER:
31
When the pleadings on file show that there
are no genuine issues of facts to be tried, the
Rules of Court allows a party to obtain
immediate relief by way of summary judgment.
That is, when the facts are not in dispute, the
court is allowed to decide the case summarily by
applying the law to the material facts.
Conversely, where the pleadings tender a
genuine issue, summary judgment is not proper.
(Ferrer vs. Diaz, 619 SCRA 226, 23 April
2010.)
32
2018 BAR QUESTION VII
VII
35
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 77) BY ATTY. S. N. MOYA II, LL.M.
ANSWER: Yes.
VIII
41
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 140) BY ATTY. S. N. MOYA II, LL.M.
ANSWER:
In a proper case for judgment on the pleadings,
there is no ostensible issue at all because of the
failure of the defending party’s answer to raise an
issue. Thus, if an answer does in fact specifically
deny the material averments of the complaint and/or
asserts affirmative defenses (allegations of new
matter which, while admitting the material allegations
of the complaint expressly or impliedly, would
nevertheless prevent or bar recovery by the plaintiff),
a judgment on the pleadings would naturally be
improper. (Adolfo vs. Adolfo, 753 SCRA 580, 18 March 2015).
42
2018 BAR QUESTION X
X
In a buy-bust operation, 30 kilos of shabu
were seized from Dave and Daryll. They were
arrested and placed on inquest before
Prosecutor Danilo Doon who ordered their
continued detention. Thereafter, the information
for the sale and distribution of shabu was filed
in court. When arraigned, Dave and Daryll
pleaded not guilty to the charge. During pre-
trial, counsel for both of the accused raised, for
the first time, the illegality of the arrest. The
case proceeded to trial. 43
After trial, the court scheduled the
promulgation of judgment with notice to both
the accused and their counsel, Atty. Dimayuga.
During the promulgation, only Dave and Atty.
Dimayuga were present. Both the accused
were convicted of the crime charged.
45
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 458) BY ATTY. S. N. MOYA II, LL.M.
ANSWER: NO.
47
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 470) BY ATTY. S. N. MOYA II, LL.M.
ANSWER: [Section 6, Rule 120, Rules of Court]
x-x-x
If the judgment is for conviction and the failure of
the accused to appear was without justifiable cause, he
shall lose the remedies available in these rules against
the judgment and the court shall order his arrest.
Within fifteen (15) days from promulgation of judgment,
however, the accused may surrender and file a motion
for leave of court to avail of these remedies. He shall
state the reasons for his absence at the scheduled
promulgation and if he proves that his absence was for
a justifiable cause, he shall be allowed to avail of said
remedies within fifteen (15) days from notice. (6a) 48
2018 BAR QUESTION XI
XI
In 2007, Court of Appeals Justice (CA Justice)
Dread Dong (J. Dong) was appointed to the Supreme
Court (Court) as Associate Justice. Immediately after
the appointment was announced, several groups
questioned his qualification to the position on the
ground that he was not a natural born Filipino citizen. In
the same year, the Court issued an Order enjoining him
from accepting the appointment or assuming the
position and discharging the functions of his office until
he is able to successfully complete all the necessary
steps to show that he is a natural born citizen of the
Philippines. However, he continued to exercise his
functions as CA Justice. 49
Since the qualification of a natural born
citizen applies as well to CA Justices, Atty.
Dacio, a practicing lawyer, asked the Office of
the Solicitor General (OSG), through a verified
request, to initiate a quo warranto proceeding
against J. Dong in the latter'scapacity as
incumbent CA Justice. The OSG refused to
initiate the action on the ground that the issue
of J. Dong'scitizenship was still being litigated
in another case.
50
When the OSG refused to initiate a quo
warranto proceeding, Atty. Dacio filed a petition
for certiorari against the OSG and certiorari
and prohibition against J. Dong. The petition
for certiorari against the OSG alleged that the
OSG committed grave abuse of discretion
when it deferred the filing of a quo warranto
proceeding against J. Dong, while the petition
for certiorari and prohibition against J, J. Dong
asked the Court to order him to cease and
desist from further exercising his powers,
duties and responsibilities as CA Justice. 51
In both instances, Atty. Dacio relied on the fact
that, at the lime of J. Dong'sappointment as CA
Justice, his birth certificate indicated that he
was a Chinese citizen and his bar records
showed that he was a naturalized Filipino
citizen.
52
(a) May the OSG be compelled, in an
action for certiorari, to initiate a
quo warranto proceeding against
J. Dong? (2.5%)
53
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 286) BY ATTY. S. N. MOYA II, LL.M.
ANSWER:
It is to be stressed that in every special civil
action under Rule 65, a party seeking the writ
whether for certiorari, prohibition or mandamus,
must be able to show that his or her resort to such
extraordinary remedy is justified by the absence of
an appeal or any plain, speedy and adequate
remedy in the ordinary course of law. He must allege
in his petition and establish facts to show that any
other existing remedy is not speedy or adequate
xxx. (Candelaria vs. Regional Trial Court, Branch 42, City of
San Fernando, Pampanga, 730 SCRA 1, 14 July 2014). 54
2018 BAR QUESTION XIII
XIII
Denny is on trial for homicide. The
prosecution calls Danilo, a police officer, who
interviewed the victim, Drew, shortly after the
shooting. Danilo's testimony is being offered by
the prosecution for purposes of proving that (i)
Drew is now dead; (ii) while in the emergency
room, Drew was posting his medical condition
on Facebook and was "liking" the posts of his
Facebook friends; (iii) Drew asked the nurse for
water but was refused because he was
bleeding, which subsequently angered Drew; 55
and (iv) that before dying, Drew signed a
statement in which he identified Denny as
the shooter.
58
2018 BAR QUESTION XV
XV
60
BAR NOTES AND CASES IN REMEDIAL LAW
(pp. 490-491) BY ATTY. S. N. MOYA II, LL.M.
ANSWER:
Yes. Generally, the search warrant application
must be filed with the court which has territorial
jurisdiction over the place where the offense was
alleged to be committed. This, however, is not an
iron-clad rule. For compelling reasons, which must
be expressly stated in the application, a search
warrant application may be filed in a court other
than the one having jurisdiction over the place
where the purported offense was committed and
where the search warrant shall be enforced. (Petron
Gasul LPG Dealers Association vs. Lao, 797 SCRA 65, 18
July 2016.) 61
(b) Can the legal concept of "venue is
jurisdictional" be validly raised in
applications for search warrants?
(2.5%)
62
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 491) BY ATTY. S. N. MOYA II, LL.M.
ANSWER:
In Malaloan vs. Court of Appeals (232 SCRA
249, 6 May 1994). the Court held that the requisites,
procedure and purpose for the issuance of a search
warrant are totally different from those of a criminal
action. It stressed that the application for and
issuance of a search warrant is not a criminal
action but a judicial process, more particularly, a
special criminal process designed to respond to
an incident in the main case, if one has been
instituted, or in anticipation thereof. (Petron Gasul
LPG Dealers Association vs. Lao, supra.) 63
2018 BAR QUESTION XVI
XVI
66
(a) Was the warrant of arrest issued against
Danjo who was not in the Philippines
valid? (2.5%)
67
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 419, 420) BY ATTY. S. N. MOYA II, LL.M.
x-x-x
69
2018 BAR QUESTION XVII
XVII
71
BAR NOTES AND CASES IN REMEDIAL LAW
(pp. 130-131) BY ATTY. S. N. MOYA II, LL.M.
77
2018 BAR QUESTION XVIII
XVIII
80
THE 2000 RULES OF CRIMINAL PROCEDURE
NOTES AND CASES (pp. 464-465) BY ATTY. S. N. MOYA II, LL.M.
87
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 567, 570) BY ATTY. S. N. MOYA II, LL.M.
94
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 667) BY ATTY. S. N. MOYA II, LL.M.
96
BAR NOTES AND CASES IN REMEDIAL LAW
(p. 384) BY ATTY. S. N. MOYA II, LL.M.
ANSWER: [Section 1, Rule 20 (Precautionary
Principle), A.M. No. 09-6-8-SC, otherwise
known as Rules of Procedure for
Environmental Cases]
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