Home 2007 I (Total 10%)

a.What are the rules on the recognition and enforcement of foreign judgments in our courts? (6%)

Section 48, Rule 39 of the Rules of Court on Effect Of Foreign Judgment Or Final Orders:

THE EFFECT OF FOREIGN JUDGMENTS Provided that the foreign tribunal had jurisdiction:

1. IN CASE OF JUDGMENT AGAINST A SPECIFIC THING, the judgment is CONCLUSIVE upon the TITLE TO THE THING; 2. IN CASE OF A JUDGMENT AGAINST A PERSON, the judgment is PRESUMPTIVE EVIDENCE of a right as between the parties and their successors-in-interest by a subsequent title.

In both instances, the judgment may be repelled by evidence of want of jurisdiction, notice, collusion, fraud or mistake.

As to the specific topic on Divorce or Law relating to family rights in the case of Corpuz vs. Tirol Sto. Tomas (G.R. No. 186571, August 11, 2010), the Supreme Court clarified that *t+he starting point in any recognition of a foreign divorce judgment is the acknowledgment that our courts do not take judicial notice of foreign judgments and laws. As a rule, no sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal of another country. This means that the foreign judgment and its authenticity must be proven as facts under our rules on evidence, together with the aliens applicable national law to show the effect of the judgment on the alien himself or herself. The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense.

b. Can a foreign arbitral award be enforced in the Philippines under those rules? Explain briefly. (2%)

In the case of Corpuz vs. Tirol Sto. Tomas (G.R. No. 186571, August 11, 2010), the Supreme Court clarified that *t+he starting point in any recognition of a foreign divorce judgment is the acknowledgment that our courts do not take judicial notice of foreign judgments and laws. As a rule,

no sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal of another country. This means that the foreign judgment and its authenticity must be proven as facts under our rules on evidence, together with the aliens applicable national law to show the effect of the judgment on the alien himself or herself. The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense.

c. How about a global injunction issued by a foreign court to prevent dissipation of funds against a defendant therein who has assets in the Philippines? Explain briefly. (2%)

We must find in favor of defendant because notice was inadequate. Property could have been taken using Quasi in Rem jurisdiction, but only if properly attached prior to judgment.

No state can exercise direct jurisdiction and authority over persons or property outside of its territory, if person is found within state, state has exclusive jurisdiction over that party, unless defendant consented to be sued.

- II (Total 10%)

True or False. If the answer is false, explain your answer briefly.

a. The surviving parties rule bars Maria from testifying for the claimant as to what the deceased Jose had said to her, in a claim filed by Pedro against the estate of Jose (3%)

True. Dead Mans Statute or Srvivorship Rue states as the general rule that parties oraassignors of parties to a case or persons in whose behalf a case is prosecuted

b. A defendant wh

Dead Mans Statute or Survivorship Rule General rule: Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor/administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim/demand against the estate of such deceased person or against party *Rule 130, Sec. 23+ He may likewise testify where the estate had filed a counterclaim against him or where the estate crossexamined him as to matters occurring during the lifetime of the deceased. *Goi v. CA+ Purpose: To guard against the temptation to give false testimonyn the part of the surviving party and to put the parties to the suit upon terms of equality in regard to opportunity to produce evidence. [Bautista]

Who has been declared in default can avail of a petition for relief from the judgment subsequently rendered in the case. (3%)

True. Petition for Relief from Judgments, Orders or Other Proceedings under Rule 38 states as grounds for filing the same Fraud, Accident, Mistake or Excusable Negligence (FAME) and its nature as an action is that when a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court, through FAME a party litigant may file a petition in such court and in the same case praying that the judgment, order or proceeding be set aside. (Section 1 of Rule 38, Rules of Court).

Under the rules, petitions for relief from a judgment, final order or other proceeding rendered or taken should be filed in and resolved by the court in the same case from which the petition arose. Thus, petition for relief from a judgment, final order or proceeding involved in a case tried by an MTC shall be filed in and decided by the MTC in the same case, or in the RTC if the case was decided by it. (Redea vs. CA).

c. A motion is pleading. (2%)

False. Under Rule 15 section 1 of the Rules of Court, viz.,

RULE 15

MOTIONS

SECTION 1. Motion defined.-A motion is an application for relief other than by a pleading.

False. While a Motion to Dismiss can sometimes be used prior to an answer, it technically does not enlarge the time in which to answer a suit, it nevertheless extends the deadline to answer.

d. A counterclaim is pleading. (2%)

True. According to the Rules of Court, viz.,

RULE 6 KINDS OF PLEADINGS

SECTION 1. Pleadings defined.-Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

SEC. 2. Pleadings allowed.-The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.

Being included in the enumeration, a counterclaim is indeed a pleading.

- III (Total 10%)

1. What is the hearsay rule? (5%) Under the above rule, any evidence whether oral or documentary is hearsay if its probative value is not based on the personal knowledge of the witness, but on that of some other person who is not on

the witness stand. Hence, information that is relayed to the former by the latter before it reaches the court is considered hearsay.

2. In relation to the hearsay rule, what do the following rules of evidence have in common? (5%)

1. The rule on statements that are part of the res gestae;

A Res Gestae statement was admissible against the accused as an exception to the hearsay rule under Section 42, Rule 130 of the Rules of Court, which provides:

Section 42. Part of the res gestae. Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of the res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae.

The term res gestae refers to those circumstances which are the undesigned incidents of a particular litigated act and which are admissible when illustrative of such act. In a general way, res gestae includes the circumstances, facts, and declarations that grow out of the main fact and serve to illustrate its character and which are so spontaneous and contemporaneous with the main fact as to exclude the idea of deliberation and fabrication. The rule on res gestae encompasses the exclamations and statements made by either the participants, victims, or spectators to a crime immediately before, during, or immediately after the commission of the crime when the circumstances are such that the statements were made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement.

The test of admissibility of evidence as a part of the res gestae is whether the act, declaration, or exclamation is so intimately interwoven or connected with the principal fact or event that it characterizes as to be regarded a part of the principal fact or event itself, and also whether it clearly negatives any premeditation or purpose to manufacture testimony.

2. The rule on dying declarations;

What is hearsay

Under the Rules on Evidence, a witness can only testify as to facts that he personally knows based on his own observation. Hence, hearsay is not allowed. 5. TESTIMONIAL KNOWLEDGE Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded. A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules. (30a) (Rule 130) What exactly is hearsay? Note that the rule does not define what it is but only what it is not: facts not perceived by the witness himself. Thus, rumours are a no-no. The rule is based on concerns about the trustworthiness and reliability of hearsay evidence, since this is not given under oath and not subject to cross-examination where opposing counsel can test a witness. This is because in a hearsay situation there are actually two witnesses one who is testifying in court and one other person, whose utterances are the subject of the testimony.(Herrera, Remedial Law, Vol. V (1999), pp. 565-567)

Dying declarations as exception to hearsay rule

However, there are exceptions to the hearsay rule such as the dying declaration. 6. EXCEPTIONS TO THE HEARSAY RULE Sec. 37. Dying declaration. The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

Even the Supreme Court has referred to this exception as the most mystical in its theory. It further stated that a dying declaration or ante mortem statement is evidence of the highest order and is entitled to utmost credence since no person aware of his impending death would make a careless and false accusation. xxx *T+he declarants death renders it impossible his taking the witness stand, and it often happens that there is no other equally satisfactory proof of the crime; allowing it, therefore, prevents a failure of justice. xxx [The] declaration is made in extremity, when the party is at the point of death and when every motive to falsehood is silenced and the mind is induced by the most powerful considerations to speak the truth. The law considers the point of death as a situation so solemn and

awful as creating an obligation equal to that which is imposed by an oath administered in court. PEOPLE vs. CERILLA [G.R. No. 177147. November 28, 2007.]

3. The rule on admissions against interest.

An admission is any statement of fact made by a party against his interest or unfavorable to the conclusion for which he contends or is inconsistent with the facts alleged by him.[38]Admission against interest is governed by Section 26 of Rule 130 of the Rules of Court, which provides:

Sec. 26. Admissions of a party. The act, declaration or omission of a party as to a relevant fact may be given in evidence against him.

To be admissible, an admission must (a) involve matters of fact, and not of law; (b) be categorical and definite; (c) be knowingly and voluntarily made; and (d) be adverse to the admitters interests, otherwise it would be self-serving and inadmissible.

- IV (10%)

Husband H files a petition for declaration of nullity of marriage before the RTC of Pasig City. Wife W files a petition for habeas corpus before the RTC of Pasay City, praying for custody over their minor child. H files a motion to dismiss the wifes petition on the ground of the pendency of the other case. Rule.

Articles 49 and 50 of the Family Code provides that the issue on the custody of the spouses common children is deemed pleaded in the declaration of nullity case (ERIC JONATHAN YU vs. CAROLINE T. YU).

- V (Total 10%)

a. Distinguish the effects of the filling of a demurrer to the evidence in a criminal case and its filing in a civil case. (5%)

Procedure in filing a demurrer to evidence

Please take note that the defense lawyer must ask the express leave (permission) of the court before filing a Demurrer to Evidence. The procedure is: After the prosecution has formally rested its case, the defense lawyer, in open court, requests the express permission of the judge to file a demurrer. Once the judge gives such permission, the defense lawyer will within the period time approved by the judge file the demurrer. Copy of the demurrer must be furnished to the prosecution (the fiscal and/or the private prosecutor) which may submit its comments or opposition to the demurrer.

Or, the defense lawyer can submit to the court a Motion to file demurrer to evidence with express leave of court. Attached to such motion is the demurrer to evidence. What happens if f the demurrer to evidence is denied?

If the judge denies the demurrer, then the trial continues and the defense must present its evidence.

What happens if the demurer to evidence is granted? What is double jeopardy?

If the judge grants the demurrer, then the case is dismissed (in other words, the accused is declared not guilty). No motion for reconsideration or appeal to a higher court is allowed since this would violate the Constitutional prohibition against double jeopardy. This term simply means that an accused who has been tried and found not guilty of a crime by a court of competent jurisdiction cannot be held for trial again for the same offense. (You might recall the 1999 movie starring Ashley Judd and Tommy Lee Jones about a woman accused of murdering her husband; the movie revolved around the issue of double jeopardy.)

In Civil cases there is no such double jeopardy, as a matter of fact if indispensable parties are not included, the proceedings do not attain finality as to these unimpleaded indispensable parties.

b. What is reverse trial and when may it be resorted to? Explain briefly. (5%)

This refers to the Power of the Court on Appeal, that upon appeal from a judgment of the Regional Trial Court, the Court of Appeals may reverse, affirmed modify the judgment and increase or reduce penalty imposed by the trial court, remand the case for new trial or retrial, or dismiss the case

- VI (Total 10%)

a. On his way home, a member of the Caloocan City police force witnesses a bus robbery in Pasay City and effects the arrest of the suspect. Can he bring the suspect to Caloocan City for booking since that is where his station is? Explain briefly. (5%)

No. These documents were signed by the accused during custodial investigation without the assistance of counsel. He was not informed of his constitutional right to silence and obviously under threats of violence and intimidation upon his person. He might have been informed of his right to counsel but not that he may be provided with one if he cannot afford the services of counsel. More than that, if it can be assumed that he waived said right, the waiver was not in writing and not in the presence of counsel. In any event, written instruments like signed booking sheet reports are declarations against interest and tacit admissions of the crime charged.These documentary evidence is in the same category as extrajudicial confessions outlawed by the Constitution (People v. Turla, G.R. No. 70270, November 11, 1988).

b. In the course of serving a search warrant, the police finds an unlicensed firearm. Can the police take the firearm even if it is not covered by the search warrant? If the warrant is subsequently quashed, is the police required to return the firearm? Explain briefly. (5%)

No. In stop and frisk situations, this is based on the conduct of the person who acts suspiciously and when searched such search would yield unlawful items in connection with an offense such as an unlicensed firearm and prohibited drugs.

- VII (Total 10%)

a. B files a petition for cancellation of the birth certificate of her daughter R on the ground of falsified material entries there in made by Bs husband as the informant. The RTC sets the case for hearing and directs the publications of the order once a week for three consecutive weeks in a newspaper of general circulation. Summons was served on the Civil Registrar but there was no appearance during the hearing. The RTC granted the petition. R filed a petition for annulment of judgment before the Court of Appeals, saying that she was not notified of the petition and hence, the decision was issued in violation of due process. B opposed saying that the publication of the court order was sufficient compliance with due process. Rule. (5%)

The RTC was wrong in granting the petition for cancellation of the birth certificate of R. The birth certificate of a person cannot be cancelled. Only the entries therein can be cancelled or corrected. Moreover, R should have been made a party to the proceeding because what is involved is her birth certificate. The publication of the court order will not suffice. Section 3, Rule 108 of the Rules of Court provides that when cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding. Lastly, since changes sought in the petition are substantial, the proceedings should have been adversarial.

b. G files a complaint for recovery of possession and damage against F. in the course of the trial, G marked his evidence but his counsel failed to file a formal offer of evidence. F then presented in evidence tax declarations in the name of his father to establish that his father is a co-owner of the property. The court ruled in favor of F, saying that G failed to prove sole ownership of the property in the face of Fs evidence. Was the court correct? Explain briefly. (5%)

The court was correct. G, being the plaintiff, has the burden of proof. He was not able to overcome the burden because of his failure to formally offer his evidence. Evidence not formally offered cannot be considered by the court.

- VIII (Total 10%)

a. X files an unlawful detainer case against Y before the appropriate Metropolitan Trial Court. In his answer, Y avers as a special and affirmative defense that he is a tenant of Xs deceased father in whose name the property remains registered. What should the court do? Explain briefly. (5%)

Answer:

The court should issue an order for preliminary conference within thirty (30) days after the answer is filed as provided under the revised rule on summary procedure.

b. The heirs of H agree among themselves that they will honor the division of Hs estate as indicated in her Last Will and Testament. To avoid the expense of going to court in a Petition for Probate of the Will, can they instead execute an Extrajudicial Settlement Agreement among themselves? Explain briefly. (5%)

The heirs of H cannot execute an extrajudicial settlement agreement among themselves without filing a petition for probate of the Hs will. The law is explicit: No will shall pass real or personal property unless it is proved and allowed in accordance with the Rules of Court. If a deceased left a will, its probate is mandatory; otherwise, the right to make a will would be rendered nugatory.

- IX (10%)

L was charged with illegal possession of shabu before the RTC. Although bail was allowable under his indictment, he could not afford to post bail, and so he remained in detention at the City Jail. For various reasons ranging from the promotion of the Presiding Judge, to the absence of the trial prosecutor, and

to the lack of the notice to the City Jail Warden, the arraignment of L was postponed nineteen times over a period of two years. Twice during that period, Ls counsel filed motions to dismiss, invoking the right of the accused to a speedy trial. Both motions were denied by the RTC. Can L file a petition for mandamus? Reason briefly.

L cannot file a petition for mandamus. The courts denial of the motion to dismiss filed by L may be wrong. Mandamus, however, is not the remedy to correct it because to grant a motion or not involves the exercise of discretion and not merely a ministerial function. Mandamus is not available to control discretion.

- X (Total 10%)

a. RC filed a complaint for annulment of the foreclosure sale against Bank V. in its answer, Bank V set up a counter claim for actual damages and litigation expenses. RC filed a motion to dismiss the counterclaim on the ground the Bank Vs Answer with Counterclaim was not accompanied by a certification against forum shopping. Rule. (5%)

Answer:

The motion to dismiss should be granted. The counterclaim for actual damages is a permissive counterclaim. A permissive counterclaim, being considered as initiatory pleading, requires a certification against forum shopping.

The motion to dismiss the counterclaim should be denied. A certification against forum shopping should not be required in a compulsory counterclaim because it is not an initiatory pleading. (Sec 5, Rule 7 Rules of Civil Procedure; Cariop vs Rural Bank of Sto Tomas G.R. No. 153171, May 4, 2006).

b. A files a case against B. While awaiting decision on the case, A goes to the United States to work. Upon her return to the Philippines, seven years later, A discovers that a decision was rendered by the court in her favor a few months after she had left. Can a file a motion for execution of the judgment? Explain briefly. (5%)

Answer:

No. A cannot file a motion for execution of the judgment seven years after the entry of the judgment. She can only do that within five years fro mentry of judgment. However, she can file a case for revival of the judgment which can be done before it is barred by the statute of limitations (sec 6 rule 39 1997 Rules of Civil Procedure) which is within ten years form the date of finality of the judgment Macias vs Lim).