25 September 2005

8 A.M. 12 Noon

INSTRUCTIONS This questionnaire consists of eighteen (18 numbers containe! in ten (10 pages. "ea! each question #er$ carefu%%$. Ans&er legibly, clearly an! concisely. Start each number on a separate page' an ans&er to a sub(question un!er the same number ma$ be &ritten continuous%$ on the same an! imme!iate%$ succee!ing pages unti% comp%ete!. )o not repeat the question.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!!

************************************ +,A-"MAN 2005 .A" /0AM-NAT-1N +1MM-TT//

23/AS/ +,/+4 T,/ N5M./" 16 2A7/S -N T,-S S/T 8A"N-N79 N1T 61" SA3/ 1" 5NA5T,1"-:/) 5S/

-Ia) Under Article 1144 of the New Civil Code, an action upon a judgment must be brought within 10 ears from the time the right of action accrues! "s this provision applicable to an action filed in the #hilippines to enforce a foreign judgment$ %&plain! b) 'a the aggrieved part file a petition for certiorari in the (upreme Court under )ule *+ of the 1,,- )ules of Civil #rocedure instead of filing a petition for review on certiorari under )ule 4+ thereof for the nullification of a decision of the Court of Appeals in the e&ercise either of its original or appellate jurisdiction$ %&plain! c) 'a a private document be offered and admitted in evidence both as documentar evidence and as object evidence$ %&plain! d) .istinguish a derivative suit from a class suit! e) /hen ma the trial court order that the testimon of a child be ta0en b live1lin0 television$ %&plain! 2103) - II 21!) /hile 'arietta was in her place of wor0 in 'a0ati Cit , her estranged husband Carlo barged into her house in #ara4a5ue Cit , abducted their si&1 ear old son, #ercival, and brought the child to his hometown in 6aguio Cit ! .espite 'arietta7s pleas, Carlo refused to return their child! 'arietta, through counsel, filed a petition for habeas corpus against Carlo in the Court of Appeals in 'anila to compel him to produce their son before the court and for her to regain custod ! (he alleged in the petition that despite her efforts, she could no longer locate her son! "n his comment, Carlo alleged that the petition was erroneousl filed in the Court of Appeals as the same should have been filed in the 8amil Court in 6aguio Cit which, under )epublic Act No! 9:*,, has e&clusive jurisdiction over the petition! 'arietta replied that under )ule 10; of the )ules of Court, as amended, the petition ma be filed in the Court of Appeals and if granted, the writ of habeas corpus shall be enforceable an where in the #hilippines! /hose contention is correct$ %&plain! 2+3)

2;!) Under )epublic Act No! 9:+:, one ma be charged with and found guilt of 5ualified rape if he 0new on or before the commission of the crime that he is afflicted with <uman "mmuno1.eficienc =irus 2<"=)>Ac5uired "mmune .eficienc ( ndrome 2A".() or an other se&uall transmissible disease and the virus or disease is transmitted to the victim! Under (ection 1-2a) of )epublic Act No! 9+04 the court ma compel the accused to submit himself to a blood test where blood samples would be e&tracted from his veins to determine whether he has <"=! a) Are the rights of the accused to be presumed innocent of the crime charged, to privac , and against self1incrimination violated b such compulsor testing$ %&plain! b) "f the result of such test shows that he is <"= positive, and the prosecution offers such result in evidence to prove the 5ualif ing circumstance under the "nformation for 5ualified rape, should the court reject such result on the ground that it is the fruit of a poisonous tree$ %&plain! 293) - III #err is a resident of 'anila, while )ic0 and 'arvin are residents of 6atangas Cit ! ?he are the co1owners of a parcel of residential land located in #asa Cit with an assessed value of #100,000!00! #err borrowed #100,000!00 from )ic0 which he promised to pa on or before .ecember 1, ;004! <owever, #err failed to pa his loan! #err also rejected )ic0 and 'arvin7s proposal to partition the propert ! )ic0 filed a complaint against #err and 'arvin in the )egional ?rial Court of #asa Cit for the partition of the propert ! <e also incorporated in his complaint his action against #err for the collection of the latter7s #100,000!00 loan, plus interests and attorne 7s fees! (tate with reasons whether it was proper for )ic0 to join his causes of action in his complaint for partition against #err and 'arvin in the )egional ?rial Court of #asa Cit ! 2+3)

- IV -

)aphael, a warehouseman, filed a complaint against = Corporation, @ Corporation and A Corporation to compel them to interplead! <e alleged therein that the three corporations claimed title and right of possession over the goods deposited in his warehouse and that he was uncertain which of them was entitled to the goods! After due proceedings, judgment was rendered b the court declaring that @ Corporation was entitled to the goods! ?he decision became final and e&ecutor ! )aphael filed a complaint against @ Corporation for the pa ment of #100,000!00 for storage charges and other advances for the goods! @ Corporation filed a motion to dismiss the complaint on the ground of res judicata! @ Corporation alleged that )aphael should have incorporated in his complaint for interpleader his claim for storage fees and advances and that for his failure he was barred from interposing his claim! )aphael replied that he could not have claimed storage fees and other advances in his complaint for interpleader because he was not et certain as to who was liable therefor! )esolve the motion with reasons! 243) -V21!) After Bulu7s death, her heirs brought her last will to a law er to obtain their respective shares in the estate! ?he law er prepared a deed of partition distributing Bulu7s estate in accordance with the terms of her will! "s the act of the law er correct$ /h $ 2;3) 2;!) Nestor died intestate in ;00:, leaving no debts! <ow ma his estate be settled b his heirs who are of legal age and have legal capacit $ %&plain! 2;3)

2:!) (tate the rule on venue in judicial settlement of estate of deceased persons! 2;3)

- VI -

/hile cruising on a highwa , a ta&icab driven b 'ans hit an electric post! As a result thereof, its passenger, Cov , suffered serious injuries! 'ans was subse5uentl charged before the 'unicipal ?rial Court with rec0less imprudence resulting in serious ph sical injuries! ?hereafter, Cov filed a civil action against Bourdes, the owner of the ta&icab, for breach of contract, and 'ans for 5uasi1delict! Bourdes and 'ans filed a motion to dismiss the civil action on the ground of litis pendentia, that is, the pendenc of the civil action impliedl instituted in the criminal action for rec0less imprudence resulting in serious ph sical injuries! )esolve the motion with reasons! 243)

- VII Dat filed an action against ? rone for collection of the sum of #1 'illion in the )egional ?rial Court, with an ex-parte application for a writ of preliminar attachment! Upon posting of an attachment bond, the court granted the application and issued a writ of preliminar attachment! Apprehensive that ? rone might withdraw his savings deposit with the ban0, the sheriff immediatel served a notice of garnishment on the ban0 to implement the writ of preliminar attachment! ?he following da , the sheriff proceeded to ? rone7s house and served him the summons, with copies of the complaint containing the application for writ of preliminar attachment, Dat 7s affidavit, order of attachment, writ of preliminar attachment and attachment bond! /ithin fifteen 21+) da s from service of the summons, ? rone filed a motion to dismiss and to dissolve the writ of preliminar attachment on the following groundsE 2i) the court did not ac5uire jurisdiction over his person because the writ was served ahead of the summonsF 2ii) the writ was improperl implementedF and 2iii) said writ was improvidentl issued because the obligation in 5uestion was alread full paid! )esolve the motion with reasons! 243)

- VIII "n a complaint for recover of real propert , the plaintiff averred, among others, that he is the owner of the said propert b virtue of a deed of sale

e&ecuted b the defendant in his favor! Cop of the deed of sale was appended to the complaint as Anne& GAH thereof! "n his unverified answer, the defendant denied the allegation concerning the sale of the propert in 5uestion, as well as the appended deed of sale, for lac0 of 0nowledge or information sufficient to form a belief as to the truth thereof! "s it proper for the court to render judgment without trial$ %&plain! 243)

- IX In 'a 1;, ;00+, the plaintiff filed a complaint in the )egional ?rial Court of JueKon Cit for the collection of #;+0,000!00! ?he defendant filed a motion to dismiss the complaint on the ground that the court had no jurisdiction over the action since the claimed amount of #;+0,000!00 is within the e&clusive jurisdiction of the 'etropolitan ?rial Court of JueKon Cit ! 6efore the court could resolve the motion, the plaintiff, without leave of court, amended his complaint to allege a new cause of action consisting in the inclusion of an additional amount of #;00,000!00, thereb increasing his total claim to #4+0,000!00! ?he plaintiff thereafter filed his opposition to the motion to dismiss, claiming that the )egional ?rial Court had jurisdiction over his action! )ule on the motion of the defendant with reasons! 243)

-XA obtained a mone judgment against 6! After the finalit of the decision, the court issued a writ of e&ecution for the enforcement thereof! Conformabl with the said writ, the sheriff levied upon certain properties under 67s name! C filed a third1part claim over said properties claiming that 6 had alread transferred the same to him! A moved to den the third1part claim and to hold 6 and C jointl and severall liable to him for the mone judgment alleging that 6 had transferred said properties to C to defraud him 2A)! After due hearing, the court denied the third1part claim and rendered an amended decision declaring 6 and C jointl and severall liable to A for the mone judgment! "s the ruling of the court correct$ %&plain! 243)

- XI <elen is the daughter of %liKa, a 8ilipina, and ?on , a Chinese, who is married to another woman living in China! <er birth certificate indicates that <elen is the legitimate child of ?on and %liKa and that she is a Chinese citiKen! <elen wants her birth certificate corrected b changing her filiation from GlegitimateH to GillegitimateH and her citiKenship from GChineseH to G8ilipinoH because her parents were not married! /hat petition should <elen file and what procedural re5uirements must be observed$ %&plain! 2+3)

- XII 'ariano was convicted b the )egional ?rial Court for raping =ictoria and meted the penalt of reclusion perpetua! /hile serving sentence at the National #enitentiar , 'ariano and =ictoria were married! 'ariano filed a motion in said court for his release from the penitentiar on his claim that under )epublic Act No! 9:+:, his marriage to =ictoria e&tinguished the criminal action against him for rape, as well as the penalt imposed on him! <owever, the court denied the motion on the ground that it had lost jurisdiction over the case after its decision had become final and e&ecutor ! a) "s the ruling of the court correct$ %&plain! b) /hat remed >remedies should the counsel of 'ariano ta0e to secure his proper and most e&peditious release from the National #enitentiar $ %&plain! 2-3)

- XIII )odolfo is charged with possession of unlicensed firearms in an "nformation filed in the )egional ?rial Court! "t was alleged therein that )odolfo was in possession of two unlicensed firearmsE a !4+ caliber and a !:; caliber!

Under )epublic Act No! 9;,4, possession of an unlicensed !4+ caliber gun is punishable b prision mayor in its minimum period and a fine of #:0,000!00, while possession of an unlicensed !:; caliber gun is punishable b prision correccional in its ma&imum period and a fine of not less than #1+,000!00! As counsel of the accused, ou intend to file a motion to 5uash the "nformation! /hat ground or grounds should ou invo0e$ %&plain! 243)

- XIV #olice operatives of the /estern #olice .istrict, #hilippine National #olice, applied for a search warrant in the )egional ?rial Court for the search of the house of Cuan (antos and the seiKure of an undetermined amount of shabu! ?he team arrived at the house of (antos but failed to find him there! "nstead, the team found )oberto Co! ?he team conducted a search in the house of (antos in the presence of )oberto Co and baranga officials and found ten 210) grams of shabu! )oberto Co was charged in court with illegal possession of ten grams of shabu! 6efore his arraignment, )oberto Co filed a motion to 5uash the search warrant on the following groundsE 2a) he was not the accused named in the search warrantF and 2b) the warrant does not describe the article to be seiKed with sufficient particularit ! )esolve the motion with reasons! 243)

- XV 8or the multiple stab wounds sustained b the victim, Noel was charged with frustrated homicide in the )egional ?rial Court! Upon arraignment, he entered a plea of guilt to said crime! Neither the court nor the prosecution was aware that the victim had died two da s earlier on account of his stab wounds! 6ecause of his guilt plea, Noel was convicted of frustrated homicide and meted the corresponding penalt ! /hen the prosecution learned of the victim7s death, it filed within fifteen 21+) da s therefrom a motion to amend the

"nformation to upgrade the charge from frustrated homicide to consummated homicide! Noel opposed the motion claiming that the admission of the amended "nformation would place him in double jeopard ! )esolve the motion with reasons! 243)

- XVI .encio barged into the house of 'arcela, tied her to a chair and robbed her of assorted pieces of jewelr and mone ! .encio then brought Candida, 'arcela7s maid, to a bedroom where he raped her! 'arcela could hear Candida cr ing and pleadingE GHuwag! Maawa ka sa akin!H After raping Candida, .encio fled from the house with the loot! Candida then untied 'arcela and rushed to the police station about a 0ilometer awa and told #olice Ifficer )oberto 'aawa that .encio had barged into the house of 'arcela, tied the latter to a chair and robbed her of her jewelr and mone ! Candida also related to the police officer that despite her pleas, .encio had raped her! ?he policeman noticed that Candida was h sterical and on the verge of collapse! .encio was charged with robber with rape! .uring the trial, Candida can no longer be located! a) "f the prosecution presents #olice Ifficer )oberto 'aawa to testif on what Candida had told him, would such testimon of the policeman be hearsa $ %&plain! b) "f the police officer will testif that he noticed Candida to be h sterical and on the verge of collapse, would such testimon be considered as opinion, hence, inadmissible$ %&plain! 293) - XVII %&plain briefl whether the )egional ?rial Court ma , motu proprio, ta0e judicial notice of the followingE a) ?he street name of methamphetamine h drochloride is shabuF b) Irdinances approved b municipalities under its territorial jurisdictionF c) 8oreign lawsF d) )ules and )egulations issued b 5uasi1judicial bodies implementing statutesF e) )ape ma be committed even in public places! 2+3)

- XVIII )egional .irector AL of the .epartment of #ublic /or0s and <ighwa s was charged with violation of (ection :2e) of )epublic Act No! :01, in the Iffice of the Imbudsman! An administrative charge for gross misconduct arising from the transaction subject matter of said criminal case was filed against him in the same office! ?he Imbudsman assigned a team composed of investigators from the Iffice of the (pecial #rosecutor and from the Iffice of the .eput Imbudsman for the 'ilitar to conduct a joint investigation of the criminal case and the administrative case! ?he team of investigators recommended to the Imbudsman that AL be preventivel suspended for a period not e&ceeding si& 2*) months on its finding that the evidence of guilt is strong! ?he Imbudsman issued the said order as recommended b the investigators! AL moved to reconsider the order on the following groundsE 2a) the Iffice of the (pecial #rosecutor had e&clusive authorit to conduct a preliminar investigation of the criminal caseF 2b) the order for his preventive suspension was premature because he had et to file his answer to the administrative complaint and submit countervailing evidenceF and 2c) he was a career e&ecutive service officer and under #residential .ecree No! 90- 2Civil (ervice Baw), his preventive suspension shall be for a ma&imum period of three months! )esolve with reasons the motion of respondent AL! 2+3) NOTHIN !O""O#$!