Remedial Law Bar Examination Q & A (1997-2006) by: sirdondee@gmail.

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ANSWERS TO BAR

EXAMINATION QUESTIONS
IN

Bar Examination
Examination Q
Q
Q&&
&AAA (1997-2006
(1997-2006
(1997-2006
)by:
by:sirdondee@gmail.com
sirdondee@gmail.com
sirdondee@gmail.com
by: sirdondee@gmail.com
sirdondee@gmail.com
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Page
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5of
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ofof
66
66
66
8914
10
11
13
16
19
66
15
18
of
Jurisdiction;
of
20
12
of
Witness;
17
of
Provisional
of
66
66
of
66
66
of
of
66
of
affairs.
66Raphael
66
defense
66
case.
Examination
66
was
Finality
Demurrer
Remedies;
Was
allow
This
Is
issued
filed
of
(Sec.
the
the
of
ais
to
a
Remedial Law Bar
)))by:
law,
Default;
the
result
Remedies;
ofOR
Party
the
Declared
testing
inbe
Default
cannot
(2006)
be..............................................................................................
19
Katarungang
Pambarangay;
Lupon;
Extent
of
Authority;
TROwas
Judgment
Witnesses
vs.
Status
(2002)
(2005)
Quo
............................................................................................................
............................................................................................................
Order
(2006)
.......................................................................................
33
60
47
Provisional
Witness;
Parties;
Utilized
Remedies;
Prosecution
as
TRO;
State
of
4.
PRODUCTION
INSPECTION
OF
DOCUMENTS
distinguished
municipal
a
stand
against
Evidence;
3[b],
complaint
Rule
of1
Civil
C,
9);
EE
circuit
Case
who
and
Industries
against
from
vs.
if
being
Criminal
ittrial
is
REMEDIAL
X
denied,
B's
sustainable?
Case
court
Corporation
sole
he
correct
heir,
Compare
may
LAW
Explain.
acquired
for
in
the
its
to
FRESH
PERIOD
of
15
days
within
which
to
under
In
billion.
It
The
contribution
rendering
in
to
c.
plaintiff
Certiorari
accordance
the
He
the
not
Supreme
announced
proper
in
jurisdiction
a
sued
respect
under
decision,
with
Court
the
for
Rule
to
to
Sec.
Ricky
defendant
the
should
of
his
from
65.
7(b)
opponent's
public
the
to
the
Rule
a
join
RTCs.
in
court
Court
that
his
the
39
(e)
A
petition
for
the
probate
ofmove
a
will
estimation
prejudice
to
and,
the
therefore,
rights
of(2003)
each
the
necessary
action
was
1
When
may
a
party
declared
in
Legal
interest
against
both;
orwhich
considered
to
be
the
fruit
of
a
poisonous
tree
Default;
Remedies;
Substantial
Compliance
(2000)................................................................................................
(2001)
P
.D. of
No.
1508;
Sec.
Local
Government
Code
(Russell
CA THINGS.
Offenses
Witness;
Justice
Procedure
(2000).................................................................................................................
v.
Dept.
Vestil,
(2006).............................................................................................
(2006)
304
............................................................................................
SCRA
738,[1999]).
60
33415,
47failure
Provisional
Plea
of
Guilty;
Remedies;
to
acharges
Lesser
TRO;
(See
Talsan
Enterprises,
Inc.
v.party
Baliwag
Transit,
prescribes
ruling?
payment
[2%]
the
reconsider,
effects
property.
Why?
of
a(Sec.
the
and
denial
P100,000.00
(5%)
Did
if
reconsideration
the
of
demurrer
of
for
enforcing
of
to
counsel
is
evidence
denied,
rights
X20or
in
he
tov.
OR
Upon
motion
of
any
showing
file
the
notice
of
appeal
in
the
RTC,
counted
take
the
causes
RTC
claim.
(1997
of
VRIS
into
for
(Sec.
Appeals,
of
damages
consideration
project
11
Rules
action
of
Rule
Sandiganbayan
has
allegedly
of
against
6)been
the
Civil
set
possible
caused
Perry
aside.
Procedure)
and
in
effect
by
Two
the
his
the
within
involving
party.
the
an
9method
jurisdiction
of
estate
Rule
3)
valued
of
RTC.
at
200.000.00
(Russel
default?
(2%)
2
So
situated
as
tostorage
be
adversely
and
can
be
offered
inthe
evidence
toPerry
prove
the
GENERAL
PRINCIPLES
Demurrer
to
Evidence
(2001)
.................................................................................................................................
SUGGESTED
ANSWER:
20for
G.R.
No.
126258,
July
8,Chairman
Duration
Offense
(2002)
(2006)
..............................................................................................................
.........................................................................................................
33
47
Reglementary
Prejudicial
Question
Period;
of
1991,
R.A.
7160.)
No
such
prohibition
Inc.,
Vestil,
304
SCRA
738
[1999];
Copioso
An
amicable
settlement
was
signed
before
45.
obtaining
and
inform
may
a
civil
file
other
case
the
the
redress
court
with
special
advances
those
of
for
B's
civil
their
of
death
action
for
a
denial
invasion
constitute
the
of
certiorari
of
goods.
(Bustos
demurrer
direct
v.
Xv.
good
cause
therefore,
a
court
may
order
any
from
receipt
of
the
order
dismissing
a
motion
of
Commissioners
complaint
latters
its
against
RTC
verdict
encroachment
under
for
the
partition
upon
Rule
executor
sided
with
on
against
political
or
the
administrator
plaintiffs
stability
Go,
and
lot.
falls
within
the
Jurisdiction
of
the
2Demurrer
What
is the effect
of information
an Order of Copioso,affected
by149243,
aCircuit
distribution
or28,2002;
other
SPECIAL
PROCEEDINGS
..................................................................................................................................
61
qualifying
circumstance
under
the
1999)
G.R.
No.
October
Yes,
a)
the
A
Municipal
COUNTERCLAIM
Trial
is
any
Court
claim
was
Actions;
Derivative
Suit
vs.
Class
Suit
(2005)
Actions;
Cause
ofcriminal
Action;
Joinder
ofreconsideration.
Action
(1999)
to Evidence;
Civil
Case
vs.
Criminal
Case
(2003)....................................................................................
20
Bar
by
Prior
Judgment
vs.
Conclusiveness
of
Judgment
However,
the
action
for
annulment
is
a3,
Supplemental
(1999)....................................................................................................................................
Pleadings
(2000)
...........................................................................................
33
47
Remedies;
Prejudicial
Appeal
Question
to
SC;
GENERAL
PRINCIPLES........................................................................................................................................
8
exists
in
the
pre-trial
negotiations
under
a
Lupon
Tagapamayapa
on
January
Lucero,
G.R.
No.
L-2068,
October
20,
Corporation
contempt?
grave
to
evidence
abuse
(2%)
in
of
filed
a
discretion
a
motion
case.
tantamount
to
4%
dismiss
to
lack
the
party
to
produce
and
permit
the
inspection
for
a
new
trial
or
motion
for
and
but
Marvin.
In
his
or
economic
the
answer,
successor
The
majority
welfare
causes
the
voted
in
defendant
of
of
interest
the
action
to
nation?
uphold
denied
may
of
4%
the
the
the
be
Metropolitan
Trial
Courts
in
Metro
Manila
1
The
first
can
be
filed
only
on
the
grounds
Default?
(2%)
disposition
or toproperty
in
the
Cabutihan
v. is
Landcenter
Construction,
383
Default;
Remedies;
Substantial
Compliance
(2000)
for
qualified
under
R.A.
No.
8353.
The [Neypes
correct
which
a
in
defending
proceeding
party
may
hear
the
against
case.
It
(1997)
Discovery;
Modes
of Discovery
(2000)...................................................................................................................
20
Distinguish
arape
derivative
suit
from
awas
class
a)
What
the
rule
on have
joinder
ofX
Appeals
(2000)....................................................................................................................................
to
CA
(2002)
.....................................................................................................
33
Remedies;
47as
Prejudicial
Appeal;
RTC
Question;
to (Sec.
CA
SUGGESTED
ANSWER:
ADDITIONAL
SUGGESTED
ANSWER:
ANSWER:
personal
action
and
the
venue
1948).
the
Rules
of
Court.
2001.
On
July
6,
2001,
the
prevailing
party
CA,
G.R.
No.
141524,
September
14,
et.
al.
vs.
(Sec.
19[4]
oflower
BP
129,
amended).
Cancellation
or
Correction;
Entries
Civil
Registry
(2005)........................................................................................
61
complaint
or
excess
of
on
the
the
ground
court's
of
jurisdiction.
res
judicata.
and
copying
or
photographing
of
any
contract.
between
plaintiffs
deceased.
claim
the
same
and
alleged
parties,
that
Ricky
itdepends
and
the
of
lack
or
excess
of
jurisdiction
or
grave
Bar
by
Prior
Judgment
vs.
Conclusiveness
of
Judgment
(1997)
..............................................................................
8is
custody
of
the
court
or
of
an
officer
ALTERNATIVE
ANSWER:
SCRA
353
[2002]).
3
For
failure
to
seasonably
file
his
Answer
fruit,
of
the
poisonous
tree
doctrine
refers
to
This
work
is
not
intended
for
sale
or
commerce.
This
work
For
failure
of
K.J.
file
an
answer
within
SUGGESTED
ANSWER:
No,
because
a
court
is
required
to
take
No.
(b)
It
An
is
not
application
direct
contempt
for
under
a
writ
Sec.
of
1
Remedial
Law;
Concept
(2006)
Discovery;
Modes;
Subpoena
Duces
Tecum
(1997)
...............................................................................................
Family
Courts
Act
(2001)
21
SUGGESTED
ANSWER:
(1999).....................................................................................................................
Suspension
of
Criminal
Action
(1999)
..................................................................................
33
Remedies;
48
Pre-Trial
Appeal;
Agreement
Rule
45
vs.
(2004)
Rule
has
an
opposing
exclusive
party.
jurisdiction
(Sec.
6,
Rule
in
all
6)
matters
of
Distinguish
suit.
Bar
by
prior
judgment
from
causes
of
action?
(2%)
on the
Appeals;
Period
residence
of
Appeal;
of
Fresh
either
Period
A
or
Rule
(2003)
Hence,
Meanwhile,
Fotokina
filed
with
the
RTC
a1,
asked
the
Lupon
to
execute
the
amicable
Escheat
(2002)
..................................................................................................................................
61
Corporation
Rule
65)
or
alleged
that title
Raphael
should
have
designated
documents,
etc.
orB.
order
any
Perry,
plaintiff
with
who
respect
in
fact
had
to
the
encroached
loan
but
on
not
his
abuse
of
discretion
tantamount
to
lack
or2005]
Cause
ofProceedings
action
vs.
Action
(1997)
............................................................................................................................
8
If
the
action
affects
to or
possession
thereof.
that
rule
of
evidence
that
excludes
any
despite
due
notice,
A
was
declared
in
A
DERIVATIVE
SUIT
is
aadverse
suit
equity
the
reglementary
period,
the
Court,
upon
In
aHow
civil
case,
the
defendant
has
the
right
Discovery;
Production
and
Inspection
ofin
Documents
(2002)..................................................................................
21
Certiorari;
Mode
of
Certiorari
(2006)
65
....................................................................................................................................
.......................................................................................................
34
Remedies;
48
Pre-Trial;
Void
Decision;
Criminal
Proper
Case
Remedy
vs.
Civil
into
consideration
only
the
legal
issues
of
preliminary
Rule
71,
injunction
but
it
is
may
indirect
be
granted
contempt
by
What
b)
is
A
the
secured
concept
two
of
loans
remedial
from
law?
B?
one
a)
should
the
records
of
child
and
probate,
both
testate
and
intestate,
where
conclusiveness
of
judgment
petition
for
mandamus
compel
the
COMELEC
it (1999)
should
be
brought
in
the
RTC
of
the
Defendant
X
received
an
Decision
Extra-judicial
Settlement
of
Estate
(2005)
..............................................................................................................
61
settlement
because
of
the
non-compliance
incorporated
in
his
complaint
for
interpleader
party
freeware.
to
permit
It
entry
may
upon
be
freely
designated
copied
land
and
distributed.
It
is
primarily
with
(defendants)
respect
to
land.
the
Accordingly,
partition
which
the
Civil
Actions
vs.
Special
Proceedings
(1998)
...........................................................................................................
8
excess
of
jurisdiction,
while
the
second
is
of
real
property
then
it
is
a
real
action
evidence
which
may
have
been
derived
or
default
indeclared
acontract.
case
instituted
against
him within
3value
Intervention
will
not
unduly
delay
b)
counterclaim
is
distinguished
that
is
filed
by
a(1993)
minority
shareholder
in
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
Dismissal;
Motion
to
Dismiss;
Res
Judicata
(2000)................................................................................................
21
motion
of
LM,
KJ
inin
default.
In
to
file
aeach
demurrer
to
evidence
without
(2004)
Case
(1997)
..................................................................................................
........................................................................................................
34A
Special
48
Civil
Provisional
Action;
Ejectment
Dismissal
(1997)
(2002)
Explain
mode
of
certiorari:
and
the
evidence
admitted
the
case.
a
Municipal
the
purview
Court
in
of
an
Sec
action
3
of
of
Rule
forcible
71.
(2%)
for
P500,000.00
and
the
other
family
cases
in
the
Family
Courts
or
RTC
to
implement
the
The
Office
of
the
the
of
the
estate
does
not
exceed
(b)
he
may
file
a
petition
for
place
where
either
of
the
parties
resides.
of
the
Habeas
RTC
Corpus
in
an
ordinary
...........................................................................................................................................
civil
case
on
02
61
by
the
other
party
of
the
terms
of
the
Conciliation
Proceedings;
Katarungang
Pambarangay
vs.
Pre-Trial
Conference
(1999)
...........................................
8for
his
claim
for
storage
fees
and
advances
and
or
property
for
inspecting,
measuring,
includes
defendant
Marvin.
counterclaimed
The
joinder
is
against
between
the
a lowerThe
based
on
the
errors
ofday,
law
of
the
acquired
from
a tainted
orthe
polluted
source.
and
jurisdiction
isthe
determined
by
the
concept
of
Remedial
Law
lies
at
the
Bar
by
prior-judgment
is
doctrine
of
by
B.
The
following
A's
mistress
or
prejudice
adjudication
of
the
from
a
CROSSCLAIM
in
that
a
cross-claim
behalf
of
a
corporation
to
redress
wrongs
Evidence;
Admissibility;
Photocopies
(2000)
.........................................................................................................
22
intended
for
all
those
who
desire
to
have
a
deeper
understanding
of
...................................................................................................................
.................................................................................................................................
35
Special
48
Remedies;
Civil
Action;
Void
Ejectment
Judgment
(1998)
(2004)
Jurisdiction;
due
time,
Incapable
KJ
filed
of
an
Pecuniary
unverified
Estimation
motion
(2000)
to
Day
leave
vs.
of
court.
RTC
If
of
his
Zamboanga,
demurrer
is
191
denied,
The
political
stability
and
economic
The
entry
lawyer
and
unlawful
can
also
detainer.
be
the
(Sec.33
subject
of
BP
of
P1,000,000.00,
payable
on
different
dates.
designated
by
the
Supreme
Court
Solicitor
General
(OSG),
representing
1.
As
a
mode
of
appeal
from
the
P100,000.00
(now
The
Habeas
Corpus
(1998)
...........................................................................................................................................
61
(Acenas
II failure
v. Court
of P200,000.00).
Appeals,
247
SCRA
certiorari
if of
he
has
been
illegally
January
2003.
He
filed
aconcerned
Notice
of
Appeal
agreement.
The
refused
Family
Courts
Act
(2001)
.........................................................................................................................................
8to
that
for
his
he
was
barred
from
surveying,
or
photographing
the
property
or
partition
plaintiff
for
and
damages
aLupon
sum
resulting
of
money,
from
but
the
court.
Such
evidence
is
inadmissible
for
having
assessed
value
the
property.
It
is
very
core
of
procedural
due
process,
which
res
judicata,
which
bars
a
second
action
who
is
working
as
a
clerk
in
the
sala
of
SCRA610.
rights
or
original
parties;
Forum
Shopping;
Definition
(2006)
........................................................................................................................
22
is
any
claim
by
one
party
against
a
cocommitted
against
it,
for
which
the
...................................................................................................................
..........................................................................................................................
35
Special
48
Search
Civil
Warrant;
Action;
Foreclosure
Motion
to
Quash
(2003)
129;
A
files
an
action
in
the
Municipal
Trial
lift
the
order
of
default
without
an
he
has
the
right
to
present
evidence.
If
Chairman
Go,
opposed
the
petition
on
the
773
[1995];
Sec.
1,
Rule
19,
1997
Rules
Regional
Trial
Court
or
the
Court
of
welfare
of
the
nation
are
extraneous
to
disciplinary
action.
(Sec.
16,
Rule
3)
Both
have
fallen
due.
Is
B
obliged
to
file
handle
Family
Court
cases
be
treated
and
Habeas
Corpus
(2003)
...........................................................................................................................................
62
value
inhis
this
case
of P95,000.00
istrend.
within
declared
in default,
e.g.
during
the
on
10
January
2003.
On
the
other
hand,
Interlocutory
Order
(2006)
.......................................................................................................................................
8of
to
execute
the
settlement/agreement.
a)
Isinterposing
emanated
from
spurious
origins.
The
doctrine,
the
issues
touched
by
the
Philippine
Bar
Examinations
and
its
claim.
Raphael
replied
that
he
any
designated
relevant
object
or
operation
PARTITION
alleged
encroachment
is
a
special
civil
on
his
action
lot.
under
The
2
The
first
should
be
filed
within
sixty
(60)
within
the
jurisdiction
therefore
of
the
means
a
law
which
hears
before
it
Jurisdiction
vs.
Venue
(2006)
Forum
Shopping;
Effects;
Lack
of
Certification
(2006)
...........................................................................................
Default
(2000)
when
there
is
identity
of
parties,
subject
................................................................................................................
(2005)
...............................................................................................................
the
Judge
before
whom
his
case
is
35
Special
49
Trial;
Civil
Action;
Trial
in
Petition
Absentia;
for
Automatic
Certiorari
party
arising
out
of
the
transaction
or
directors
refuse
to
sue,
the
real
party
in
Civil
Procedure.)
4
Intervenors
rights
may
not
be
fully
Court
affidavit
against
of
merit
B,
the
attached
natural
son
to
it.
of
As
KJ
his
demurrer
is
granted
and
on
appeal
by
ground
that
mandamus
does
not
lie
to
Appeals
to
the
Supreme
Court.
(2.5%)
settlement/agreement?
Intestate
Proceedings
(2002)
(3%)
.................................................................................................................................
b)
What
62
the
case.
They
can
have
persuasive
only
one
complaint
against
Aand
forother
the
27,
1997
Rule
27
Rules
of(2006)................................................................................................................
Civil
dealt
with?
b)determining
Under
what
its
jurisdiction.
Inmotion
the
pendency
of(3%)
his
to
dismiss
or
plaintiff
A
received
the
same
Decision
onorder
Judgment
vs.
Opinion
ofto
the
Court
8
however,
does
not
apply
the
results
obtained
the
Lupon
correct
in
refusing
to
execute
could
not
have
claimed
storage
fees
thereon.
(Sec.
1,
Rule
Rule
plaintiff
69,
filed
which
an
cannot
ex
parte
be
joined
motion
with
for
days
from
notice
of
the
judgment,
condemns,
which
proceeds
upon
inquiry
former
Rule
39;
Sec,
47
[b]
of
new
Metropolitan
Trial
Court.
SUGGESTED
ANSWER:
Distinguish
jurisdiction
from
venue?
Gen.
22
Principles;
Questions
ofthe
Law
vs.
Questions
of
Fact
(2004)
Actions;
............................................................................
Actions
&the
Personal
Actions
(2006)
22
SUGGESTED
ANSWER:
(2002)
Review
..................................................................................................
of
Conviction
(1998)
.............................................................................
35 Real
Special
Civil
Action;
49Quo
Warranto
Venue
(2001)
(1997)
matter
and
cause
of
action.
(Sec.
49[b]
of
Defendant
was
declared
insubject
by
the
pending,
him
of
the
occurrence
that
is Court
the
matter
interest
being
the
corporation
itself
(Lint
It
is39).
specially
intended
for
law
students
from
the
provinces
who,
enforce
Procedure.)
contractual
obligations.
During
the
father,
for
the
partition
of
anot
parcel
of
land
protected
in
adefault
separate
however
attached
to
motion
his
the
plaintiff,
the
appellate
court
reverses
Intestate
Proceedings;
Debts
of
the
Estate
(2002)..................................................................................................
62
should
be
course
of
action
of
the
influence
but
are
the
main
recovery
of
both
loans?
Explain.
(2%)
conditions
(Matute
may
vs.
identity
of
Appeals,
parties
in
jurisdictional
amount,
excluded
are
Judicial
Autonomy
&informed
Impartiality
(2003)
..................................................................................................................
826
pursuant
tothe
Sec.
Rule
28,
1997
Rules
of2003,
Civil
before
the
expiration
of
the
time
to
06
January
2003
and,
on
19
January
SUGGESTED
ANSWER:
the
advances
in
his
complaint
for
interpleader
other
extension
causes
of
of1,they
action.
time
to
(See.
answer
5[b],
Rule
the
2,) (Sec.
Rule
Certiorari
as
a by
mode
of
appeal
is
SUGGESTED
ANSWER:
and
renders
judgment
only
after
trial,
and
or
resolution
sought
to
be
assailed
a.
The
rule
on
JOINDER
OF
CAUSES
Judgment;
Annulment
of
Judgment;
Grounds
(1998).............................................................................................
22
(2%)
(B.P
.Blg.
129,
Sec.
33,
as
.............................................................................................................
.........................................................................................................................................................
36
Special
Civil
Actions;
49
Mandamus
(2006)
What
do
you
mean
a)
real
actions;
and
SUGGESTED
ANSWER:
v.
Lim-Yu,
G.IL
No.
138343,
February
19,
RTC
(RTC).
Plaintiff
was
allowed
to
declaration
of
default.
On
the
same
day,
either
of
the
original
action
or
of
a
proceedings,
the
majority
Commissioners
Discovery;
Modes;
Subpoena
Duces
Tecum
(1997)
Judicial
Settlement
of
Estate
(2005).......................................................................................................................
62
SCRA
768;
Acosta-Ofalia
vs.
proceedings.
located
answer
prevailing
under
in
Taytay,
oath,
party
Rizal
stating
in
such
with
in
an
said
a
case?
assessed
answer
the
order
and
renders
judgment
for
the
factors
that
should
be
considered
in
child
and
family
cases
be
divulged
(2%)
Procedure,
as
it
does
not
contemplate
a
search
(b)
The
Court
could
declare
B
in
default
Katarungang
Pambarangay;
Objective
(1999)
..........................................................................................................
9
attorneys
fees,
litigation
expenses
and
answer.
filed
a
Motion
for
Reconsideration
of
the
JURISDICTION
treats
of
the
power
of
the
very
often,
are
recipients
of
deliberately
distorted
notes
from
other
because
he
was
not
yet
certain
as
to
who
was
Also,
defendants
the
causes
counterclaim,
of
action
but
pertain
the
court
to
Conclusiveness
of
judgment
precludes
contemplates
governed
by
Rule
an
opportunity
45
of
the
Rules
to
be
of
Court
heard
amended)
Judgment;
Enforcement;
5-year
period
(1997)
.......................................................................................................
22
4.
Rule
65)
,
while
the
second
should
be
a)
The
records
of
child
and
family
cases
OF
ACTION
is
that
a
party
may
in
one
................................................................................................................
36
2001)
,
while
a
CLASS
SUIT
is
filed
b)
personal
action?
(2%)
Sundiam,
85
SCRA
412.)
present
evidence
in
support
of
his
A
presented
a
motion
under
oath
to
set
filed
a
manifestation
that
Chairman
Go
was
counterclaim
therein.
A
counterclaim
is
SUGGESTED
ANSWER:
Probate
of
Lost
Wills
(1999)...................................................................................................................................
62
In
an
admiralty
case
filed
by
A
against
Y
value
of
P20,000.00.
B
moves
to
dismiss
his
(2%)
reasons
for
his
failure
to
file
an
plaintiff,
the
defendant
loses
his
right
to
Montilla,
within
the moaning
G.R.
ofAthe
123872,
law.
(People
January
v.
deciding
Liberal
Construction;
a
case.
Rules
decision
of Court
(1998).............................................................................................................
should
beit
because
B did
not
obtain
a only
writ
9 v.of
costs;
these
are
considered
for
Decision.
On
13 No.
January
2003,
defendant
X
Court
to
decide
aCode
case
on
the
merits,
while
EVIDENCE
................................................................................................................................................................
50
liable
therefor.
Resolve
the
motion
with
different
denied
the
venues
motion
and
the
jurisdictions.
ground
that
The
before
judgment
is
rendered
the
relitigation
of
aon
particular
issue
in
which
allows
appeal
from
judgment,
final
SUGGESTED
ANSWER:
Jurisdiction;
RTC
(2002)
Judgment;
Enforcement;
Foreign
Judgment
(2005)
...............................................................................................
22
G.R.
No.
L-19118,
January
30,
Summons..............................................................................................................................................................
filed
within
fifteen
(15)
days
from
notice
36
in
the
Family
to
handle
Family
pleading
assert,
inothers
the
alternative
or
The
motion
to
dismiss
should
be(Albert
granted.
In
a
criminal
case,
the
accused
has
regarding
a
controversy
common
orto
not
authorized
by
the
COMELEC
En
Banc
Probate
of
Will
(2003)
............................................................................................................................................
63
complaint.
Photocopies
of
official
receipts
aside
the
order
of
default
on
the
ground
City.
(Sec.
5,Lines
Rule
2,)
against
an
opposing
party
while
athe
cross30,1998)
unscrupulous
law
schools
and
students.
Share
to
this
work
Shipping
(whose
principal
offices
the
answer
action
on
time,
on
the
as
ground
well
as
that
his
defenses.
the
case
present
evidence.
(Rule
33).
Remedial
Law
in
Phil.
System
ofof
Govt
(2006)
..........................................................................................................
9to
preliminary
injunction
or
a
temporary
May
the
OSG
represent
Chairman
Go
based
on
the
law,
rules
of
procedure,
determining
the
filing
fees.
filed
a
Motion
withdrawing
his
notice
of
VENUE
refers
to
the
place
where
suit
University
Publishing,
a.
REAL
ACTIONS
are
actions
affecting
reasons.
(4%)
case
should
for
have
a
sum
been
of
set
money
for
hearing.
pertains
On
to
the
the
1965).
SUGGESTED
Judgment;
ANSWER:
Execution
pending
Appeal
(2002).........................................................................................................
23
another
action
between
the
same
parties
order
of
resolution
of
the
Court
of
2.
AFTER
JUDGMENT
BUT
BEFORE
ITS
FINALITY,
he
Summons
(1999)
...................................................................................................................................................
P
sued
A
in
the
RTC-Manila
to
recover
37
the
Raphael
should
have
incorporated
in
his
of
the
judgment
or
final
order
or
Court
cases
shall
be
dealt
with
utmost
otherwise
join
many
causes
of8,prohibiting
action
as
obtain
ofas
court
toof
fileaffidavits
a demurrer
general
Admissibility
interest
(1998)...............................................................................................................................................
inequity.
behalf
of
many
persons
50
oppose
the
petition.
Probate
of
Will
(2005)
............................................................................................................................................
63
SUGGESTED
ANSWER:
and
original
that
his
failure
to
answer
was
due
to claim
isleave
against
acriminal
co-party.
(Sec.
Rulewere
6)
are
in
Manila)
in
the
RTC,
Davao
City,
the
Remedial
Law
vs.
Substantive
Law
(2006)
...............................................................................................................
9to
should
have
been
brought
in
the
RTC
restraining
order
from
the
RTC
Will
the
motion
to
lift
the
order
of
default
before
the
RTC
notwithstanding
that
his
justice
and
However,
inJudgments
may
be
filed.
Incopies
actions,
however,
appeal
in
order
to
file
a (2004)
Motion
for
New
Remedial
Law
is
that
branch
of
law
which
Yes,
there
is
substantial
compliance
with
the
and
you
will
be
richly
rewarded
by
God
in
heaven.
It
is
also
very
c)
No,
because
if12,
no
motion
to
dismiss
title
to
or
possession
of
real
property
or
Judgment;
Interlocutory
Order;
Partial
Summary
(2004)
......................................................................
municipal
defendants
court
motion,
and
therefore,
cannot
be
the
filed
court
in
complaint
for
interpleader
his
claim
for
Summons;
Substituted
Service
...................................................................................................................
37
on
a
different
cause
of
action.
(Sec.
49
[c]
Appeals,
Sandiganbayan,
the
RTC
may
file
a
motion
for
new
trial
on
the
following
sums:
(1)
P200,000.00
on
an
JURISDICTION
resolution
appealed
from,
or
of
the
denial
confidentiality.
(Sec.
Family
Courts
Act
of
he
may
have
against
an
opposing
party,
No,
the
plaintiff
was
not
validly
declared
Admissibility
(2002)...............................................................................................................................................
50
Actions;
Cause
of
Action;
Splitting
(1999)
evidence.
If
he
obtains
leave
of
court
and
Probate
of
Will
(2006)
............................................................................................................................................
63
so
numerous
that
it
is
impracticable
to
presented
in
court,
identified
by
plaintiff
fraud
and
he
has
a
meritorious
defense.
Remedial
Law;
Concept
(2006)
................................................................................................................................
9
court
issued
a
subpoena
duces
tecum
the
judge
from
proceeding
in
the
case
during
position
is cases
contrary
to
that
of
the
because
prosper?
Explain.
the
action
(3%)
is[c]
one
that
is
not
exceptional
the
court
may
consider
venue
isfees
jurisdictional.
Jurisdiction
a
Trial
which
he
attached.
On
20
January
prescribes
the
method
of
enforcing
the
rule.
Although
the
motion
isdefault
unverified,
the
(Fortune
Motors,
Inc.
v.
CA,
G.
R.
No.
76431,
Judgment;
23
Judgment
on
the
Pleadings
(1999)
.......................................................................................................
23
storage
and
advances,
the
amounts
of
of
former
Rule
39;
sec.
47
of
new
Rule
39).
has
been
filed,
any
of
the
grounds
for
an
interest
therein
Summons;
Validity
of
Service;
Effects
(2006).........................................................................................................
37
Pasay
declared
City
the
because
plaintiff
the
in
plaintiff
is
on
from
the
b)
The
identity
of
parties
child
other
1997)
courts
whenever
authorized
byisand
law
grounds
of
fraud,
accident,
mistake,
overdue
promissory
note,
(2)
P80,000.00
SUGGESTED
ANSWER:
of
the
petitioner's
motion
for
new
trial
Admissibility
(2004)...............................................................................................................................................
50
Probate
of
Will;
Mandatory
Nature
(2002)...............................................................................................................
provided
that
the
rule
on
joinder
63
of
in
default.
Athe
motion
extension
of
time
a)
What
is
the
rule
against
splitting
a
his
demurrer
to
evidence
isin
denied,
join
all
as
parties,
afor
number
which
the
on
the
witness
stand
and
marked
as
Rights
Thereafter,
of
Accused;
he
Validity;
went
HIV
abroad.
Test
(2005)
After
......................................................................................................
hisorOctober
9he
good
karma.
the
pendency
of
the
petition
for
certiorari.
directing
Y,
the
president
of
the
shipping
majority?
(5%)
capable
of
pecuniary
estimation
as
it
(Sec.
7
of
Rule
65;
Diaz
v.
Diaz,
331
SCRA
the
political
stability
and
economic
matter
of
substantive
law;
venue,
of
Cause
of
action
vs.
Action
(1997)
16,
1989;
Rule
4,
Sec.
1).
2003,
the
court
denied
As
Motion
for
rights
or
obtaining
redress
for
their
answer
attached
to
the
motion
is
verified.
which
were
obviously
determinable
at petition
the
Judgment;
Judgment
on
the
Pleadings
(2005)
.......................................................................................................
24
Venue;
Improper
Venue;
Compulsory
Counterclaim
(1998)....................................................................................
38
dismissal
provided
in by
the
Rules
may
be302
Yes,
the
OSG
represent
the
COMELEC
Manila
counterclaim.
while
Ricky
Was
and
the
Marvin
plaintiff
are
from
family
cases
shall
not
be
divulged
unless
1.]
the
joinder
shall
not
include
to
the
Supreme
Court
Jurisdiction
(1997)
Katarungang
Pambarangay;
Objective
(1999)
excusable
negligence,
orverified
a
motion
for
on
the
purchase
price
of
a
computer,
(3)
Admissibility;
Admission
of
Guilt;
Requirements
(2006)
........................................................................................
51
Settlement
ofmay
Estate
(2001)....................................................................................................................................
64
reconsideration
filed
in
due
time
after
parties
isright
complied
with;
to
file
an
answer
may
be
filed
ex
parte
ALTERNATIVE
ANSWER:
cause
of
action
and
its
effect
onvalidly
the
has
the
to
present
evidence
in time
his
court
finds
sufficiently
representative
who
exhibits.
Said
documents
were
offered
by
return
a
week
later,
with
the
case
still
[2002].
company,
to
appear
and
testify
at
the
trial
involves
primarily
a
determination
of
welfare
of
the
nation
when
these
are
procedural
law.
Jurisdiction
may
be
not
be
Distinguish
Cause
of
action
from
L-2068,
October
20,
1948;
First
Lepanto
The
answer
contains
what
the
motion
to
lift
of
the
filing
of
the
complaint.
They
are
part
of
Reconsideration
and
Xs
Motion
to
invasion
(Bustos
v.for
Lucero,
G.R.
No.
Judgment;
Mandamus
vs.
Quo
Warranto
(2001).....................................................................................................
24
Venue;
Personal
Actions
(1997).............................................................................................................................
38actions
Chairman
before
the
RTC
notwithstanding
(4)
pleaded
P100,000.00
as
an
affirmative
attorneys
defense
fees
in 10
and
the
Batangas
declared
in
default?
Why?
(5%)
SUGGESTED
ANSWER:
necessary
and
with
authority
of
the
judge.
Admissibility;
Document;
Not
raised
in
the
(2004)
...................................................................................
for
review
raising
only
questions
of
law
special
civil
actions
or
What
courts
have
jurisdiction
over
the
reconsideration
on
the
ground
of
JURISDICTION.......................................................................................................................................................
Settlement
is
of
Estate;
the
Administrator
object
(1998).............................................................................................................
of
64
P150,000.00
for
damages
to
his
car
and
The
Court
should
not
declare
B
in
default
[Amante
vs.
Sunga,
64
SCRA
192
notice
of
the
judgment.
(Sec.
2,
Rule
45)
and
need
not
be
set
for
hearing.
respective
rights
of
the
parties
for
failure
defense.
Ifby
his
demurrer
to
evidence
is
(a)
On
what
valid
ground
can
Y
refuse
toorder
may
sue
or
defend
the
benefit
ofPleading
all.
plaintiff
and
admitted
in
evidence
by
the
undecided,
he
received
the
and
to
bring
with
him
several
documents.
b.
All
other
actions
are
PERSONAL
SUGGESTED
hereditary
ANSWER:
rights
and
not
merely
the
bare
Ceramics,
Inc.
v.
CA,
G.R.
No.
110571,
conferred
consent
through
waiver
upon
capable
of
being
taken
into
judicial
notice
Raphael's
cause
of
action
which
he
may
not
be
action
the
order
of
default
and
the
affidavit
of
Judgment;
Soundness;
Attachment
(2002)
............................................................................................................
24
Withdraw
Notice
of
Appeal.
Plaintiff
A
ALTERNATIVE
ANSWER:
Actions;
Filing;
Civil
Actions
&
Criminal
Action
(2005)
2.
As
a
special
civil
action
from
the
that
his
position
is
contrary
to
that
of
a
The
motion
should
be
granted.
The
action
(Id.)
answer
which
may
include
a
litigation
expenses.
Can
A
move
to
(1975)].
51
Admissibility;
Electronic
Evidence
(2003)
..............................................................................................................
Venue;
Special
Proceedings
(1997)........................................................................................................................
64
distinctly
set
forth.
following
cases
filed
in
Metro
Manila?
a)
governed
by
special
rules,
but
may
excessive
damages,
insufficient
evidence
Katarungang
Pambarangay
Law?
(2%)
inasmuch
as
the
jurisdiction
of and
MTC
was
to
comply
with
the
same?
(2%)
granted,
he
isthe
acquitted
the
comply
with
the
subpoena
duces
tecum?
(Sec.
3Jurisdiction
12,
The
Rule
first
3)
It
cannot
is
worth
generally
noting
be
that
availed
a (2002)..................................................................................
court
on
the
basis
of
which
the
RTC
declaring
him
in
default.
The
motion
toofG.R.
A
CAUSE
OF
ACTION
is
an
act
or
(1997).................................................................................................................................................
March
10,
1994).
10
ACTIONS
(Rule
4,
Section
I)
which
include
CRIMINAL
right
to
real
PROCEDURE....................................................................................................................................
property.
Resolve
the
motion.
a
court,
but
venue
may
beor
waived,
except
38
in
split.
Hence,
when
warehouseman
asks
the
of
and
are
relevant
to
the
case.
merit
should
contain,
which
are
the
reasons
Judgments;
Enforcement;
Examination
of
Defendant
24
No.
145022,
September
23,
2005;
The
general
rule
is
that
a
counterclaim
received
the
Order
denying
his
Motion
for
Regional
Interlocutory
Order
Trial
(2006)
Court
the
Court
of
majority
of
the
Commission
members
in
the
While
cruising
on
a
highway,
a
taxicab
SUGGESTED
ANSWER:
for
partition
depends
on
a
determination
51
Admissibility;
Object
or
Real
Evidence
(1994)........................................................................................................
dismiss
counterclaim.
the
case
This
on
is
the
what
ground
A
did
that
by
filing
the
If
the
accused
does
not
obtain
leave
of
include
causes
of
action
pertaining
to
An action
for
specific
performance
in
or
the
decision
or
final
order
b)
A of
purchased
a
lot
from
Bor,
for
put
inof
issue
in
the
Petition
For
Certiorari
SUGGESTED
ANSWER:
(b)
How
can
A
take
the
testimony
of
YB
Rights
the
Accused;
Validity;
HIV
Test
(2005)
prosecution
cannot
appeal.
derivative
as
aaside
suit
substitute
is
aCorpus;
representative
for
aten
lost
appeal
suit,
under
Jurisdiction
vs.
Venue
(2006).................................................................................................................................
rendered
judgment
in
of being
10
the
set
default
was
opposed
by
on Appeals
omission
one
party
in
violation
of
the
court
to
ascertain
who
among
the
defendants
criminal
cases
(Nocum
et
al.
v.favor
Tan,
those
arising
from
privity
of
contract.
(2%)
Santos
III
v.
Northwest
Airlines,
G.R.
No.
of
movants
failure
to
answer
as
well
his
Jurisdiction;
Habeas
Custody
of2003
Minors
(2005)
25
must
be
answered
within
(10)
days
SUMMARY
PROCEDURE...................................................................................................................................
65
The
object
of
the
Katarungang
Reconsideration
on
03
February
and
COMELEC
because
the
OSG
isas
an
toan
the
Supreme
Court.
(2.5%)
What
is
interlocutory
order?
driven
by
Mans
hit
an
electric
post.
As
a of ........................................................................................
Acquittal;
Effect
(2002)
..........................................................................................................................................
38
51
Admissibility;
Objections
(1997)
............................................................................................................................
of
the
hereditary
rights
of
A
and
B,
which
an
Answer
alleging
the
lack
of
legal
has
no
jurisdiction
over
the
subject
alternative,
for
damages
in
the
amount
court
and
his
demurrer
to
evidence
is
1.
A
party
may
be
declared
in
default
the
different
venues
or
jurisdictions
contrary
to
law
(Sec.
2,
Rule
37)
:
and
Pl,500,000.00.
He
gave
a
down
payment
filed
with
the
RTC.
The
MTC
should
defer
Under
Republic
Act
No.
8353,
one
may
be
and
present
the
documents
as
exhibits
just
like
a
class
suit.
Rules
40,
41,
42,
43
and
45.
Jurisdiction;
CTA
Division
vs.
CTA
En
Banc
(2006)
...............................................................................................
10
are
entitled
to
the
goods,
he
also
has
the
right
plaintiff,
pursuant
to the relief prayed for.
theNotice
ground
that
it
was
filed
before
legal
right
oroffice;
rights
of
the
other
(Maao
101538,
SUGGESTED
ANSWER:
23, 1992).
defenses.
(Sec.
3
[b]
of
Rule
9,
1997
Rules
of
Jurisdiction;
Lack
ofis
Jurisdiction;
Proper
Action
of
(2004) June
.....................................................................
SUGGESTED
ANSWER:
Procedure;
Cf.
Citibank,
N.A.
v.
Court
of
from
service.
(Rule
11,
sec.
4).
However,
a theACourt
independent
it's
hands
are
not
Pambarangay
filed
his
Law
of
Appeal
to
effect
on
an
05
amicable
February
Actions;
BP22;
Civil
Action
deemed
included
(2001)..............................................................................................
39of
51
Admissibility;
Offer
to
Marry;
Circumstantial
Evidence
(2%)
result
thereof,
its
passenger,
Jovy,
is
not
capable
of
pecuniary
estimation.
P180,000.00
b)
An
action
for
athe
writ
of
matter?
capacity
Explain.
of
EE
Industries
(2%)
to
because
denied,
he
waives
his
right
to(2006)
present
when
he
fails
to
answer
within
time
Prohibited
Pleadings
(2004)...................................................................................................................................
charged
with
and
found
guilty
of sue
qualified
65
rape
provided
one
cause
of
action
falls
thereafter.
If
the
motion
isCivil
denied,
appeal
of
P500,000,
signed
aEffect
promissory
note
further
proceedings
pending
the
result
(Sec.
4304
of
Rule
of
45)
(a)
IsJurisdiction;
the
courts
denial
of
Xs
Motion
tov. been(1998)................................................................................
other
than
through
the
subpoena
from
Jurisdiction;
CTA
Division
vs.
CTA
En
Banc
to
ask
who
should
pay
for
the
storage
and
Incapable
of
Pecuniary
Estimation
(2000)..........................................................................................
10
Certiorari
as
a
Special
Action
is
Sugar
Central
vs.
Barrios,
79
Phil.
606;
Sec.
Actions;
Survives
Death
of
the
Defendant
(2000)
Upon
receipt
of
the
judgment,
defendant
Civil
received
notice
of
his
having
4
Under
the
first,
the
lower
court
is
Parties;
25
Death
of
a
Party;
(1998)
..................................................................................................................
25
An
interlocutory
order
refers
to
anfees
order
Appeals,
SCRA
679,
[1999];
Consul
No,
because
the
RTC-Manila
has
shackled
to
the
cause
of
its
client
agency.
counterclaim
that
raises
issues
which
are
Actions;
BP22;
Demurrer
to
Evidence
(2003)
.........................................................................................................
39
settlement
of
disputes
among
family
and
2003.
52
The
Admissibility;
court
Offer
denied
to
Pay
due
Expenses
course
(1997)
to
..........................................................................................................
As
suffered
serious
injuries.
Mans
was
Hence,
even
though
the
assessed
value
of
injunction.
c)
An
action
for
replevin
of
a
3.
AFTER
FINALITY
OF
THE
JUDGMENT,
there
are
SUGGESTED
ANSWER:
Corporation
it
is
not
a
duly
v.
Court
registered
of
Appeals,
corporation
164
SCRA
with
421
if
he
knew
on
or
before
the
commission
of
the
evidence
and
the
case
is
decided
on
the
allowed
therefor,
and
upon
motion
of
the
within
the
jurisdiction
of
a
RTC
and
to
available
under
Rules
40
or
41,
payable
thirty
days
after
date,
and
as
a
such
petition.
(Eternal
Gardens
Memorial
other
related
expenses.
The
filing
of
the
Withdraw
Notice
of
Appeal
proper?
the
RTC?
Jurisdiction;
Incapable
of
Pecuniary
Estimation
(2000)..........................................................................................
11
Mark
filed
with
the
Bureau
of
Internal
2
of
new
Rule
2),
causing
damage
to
governed
by
Rule
65
of
the
Rules
of
Court
PJ
engaged
the
services
of
Atty.
ST
to
appealsbetween
to the
Court
ofsubject
Appealsmatter.
claiming
declared
default,
citing
the
rule
that(2004)............................................................................
impleaded
as
a671
party
respondent
(Sec.
5[1988]).
Consul,
17
SCRA
667,
[1966];
Tolentino
Parties;
Death
ofin
aPrivate
Party;
Effect
(1999)
..................................................................................................................
25
issued
the
commencement
and
jurisdiction
over
the
P
The
primordial
concern
of
the
OSG
is
to
see
deemed
Actions;
automatically
Commencement
of
an
joined
Action;
Double
by
Jeopardy
39
52
Admissibility;
Document
(2005)
.................................................................................................................
barangay
Notice
of
members
Appeal
on
at
the
the
ground
barangay
that
level
he
MISCELLANEOUS.................................................................................................................................................
65
(a)
Y
can
refuse
to
comply
with
the
subsequently
charged
before
the
crime
that
he
is
afflicted
with
Human
Immuno2.]
the
aggregate
amount
claimed
the
land
is
P20,000.00,
the
Municipal
Trial
three
ways
to
assail
the
judgment,
which
motorcycle
valued
at
a
counterclaim
for
damages.
The
basis
Park
ofan
the
evidence
for
the
prosecution.
Certiorari;
Rule
45isvs.
Rule
65set
(2005)
claiming
party
with
notice
to
the
isapplicable.
available
as
amay
ground
for
venue
therein;
and
whichever
to
security
(b)
IsJurisdiction;
the
courts
for
the
denial
settlement
of
due
course
of
the
to
Incapable
of
Pecuniary
Estimation
(2003)..........................................................................................
11
An
ACTION
an
ordinary
suit
in
a
court
Revenue
alies
complaint
for
refund
ofaby
taxes
another.
v.
Carlos,
66
Phil,
1450,
143-144
[1938],
when
aggrieved
party
file
a
represent
him
in
ais
civil
case
filed
OP
Parties;
Death
of
ainterest
Party;
Effect
(1999)
..................................................................................................................
that
the
judgment
not
valid
because
26
the
the
motion
to
aside
may
be
made
at interpleader
of
Rule
65),
while
under
the
second,
the
[Gojo
v.
Goyala,
35
SCRA
557
the
end
of
the
suit
which
is
not
final
may
sue
A
in
one
complaint
asserting
as
to
it
that
the
best
of
the
government
Actions;
Discretionary
Power
ofwith
Fiscal
(1999)........................................................................................................
39
Jurisdiction;
MTC
(2002)
52
Admissibility;
Proof
ofAn
Filiation;
Action
of
Partition
(2000).....................................................................................
allegations
of
the
Complaint
need
not
be
Vestil,
supra)
SUGGESTED
ANSWER:
v.
Quyano-Padilla,
September
18,
without
(Sec.
3,
Rule
judicial
9)
recourse
and
Deficiency
Virus
(HIV)/Acquired
Immune
period
to
appeal
had
already
lapsed.
6%
The
court
may
also
dismiss
the
action
on
subpoena
duces
tecum
on
the
ground
P150,000.00.
d)
action
for
Municipal
Trial
Court
reckless
shall
be
the
test
of
jurisdiction
where
Court
has
no
jurisdiction.
(Russell
v.
are:
a)
a
petition
for
relief
under
Rule
dismissal
of
the
complaint
on
this
ground
dismissal
of
the
second
case.
(Sec.
4,
Rule
2,)
It
defending
May
the
aggrieved
party,
party
and
file
proof
a
petition
of
such
for
Jurisdiction;
MTC
(2002)........................................................................................................................................
11
As
appeal
correct?
obligation,
mortgaged
the
same
lot
to
B.
Administrative
Proceedings
(2005)
........................................................................................................................
65
Nasser
v.
Court
of
Appeals,
191
SCRA
783
of
Justice
by
which
one
party
prosecutes
paid,
but
it
was
not
acted
upon.
So,
he
verified
petition
against
a
decision,
final
against
him
which
was
docketed
asinmere
Civil
Parties;
Third
Party
Claim
(2000)
...........................................................................................................................
26
RTC
based
its
judgment
on
anytime
after
notice
but
before The
(1970)].
lower
court
is
not
imp
leaded.
No.
1508,
the
former
and
the
first
Katarungang
is
upheld
(COMELEC
decision
of
the
whole
controversy
and
many
causes
of
action
as
he
may
have
Actions;
Injunction
(1999)......................................................................................................................................
39
claim
of
defendant
is
not
valid
52
Admissibility;
Rules
of
Evidence
(1997).................................................................................................................
2002).
P
sued
A
and
B
in
one
complaint
Deficiency
Syndrome
(AIDS)
or
any
other
answered.
consequently
help
relieve
the
courts
of
the
ground
of
insufficiency
of
the
interpleader
that
he
resides
to
determine
more
than
who
50
(now
100)
imprudence
resulting
in
serious
physical
is
akin
to
a
compulsory
counterclaim
which,
if
Demurrer
to
Evidence
(2001)
SUGGESTED
ANSWER:
the
claims
in
all
the
causes
of
action
38
on
the
grounds
of
fraud,
accident,
without
prejudice
toathe
prosecution
of
certiorari
inthe
the
Supreme
Court
under
[1992]).
failure.
Jurisdiction;
Office
of
the and
Solicitor
General
(2006).................................................................................................
11
Congress;
Law
Expropriating
Property
(2006)
.......................................................................................................
65
When
the
note
fell
due
A...........................................................................................................................
failed
to
pay,
another
for
enforcement
or
protection
filed
aNo.
similar
complaint
with
the
Court
of
Parties;
Third-Party
Claim
(2005)
26
order
or
resolution
of
tribunal,
body
or
Case
123.
A
retainership
agreement
In
this
case,
the
defendants
counterclaim
Pambarangay
Law.)
photocopies
and
affidavits
of
persons
not
judgment.
Resolve
the
Motion.
(2%)
(Gallardo
et
al.
v.
People,
G.R.
No.
142030,
Incapable
of
Pecuniary
Estimation
(2003)
Jurisdiction;
Ombudsman
Case
Decisions
(2006)
Arrest;
Warrantless
Arrest;
Preliminary
Investigation
(2004)..................................................................................
40
53
Best
Evidence
Rule
(1997)
.....................................................................................................................................
leaves
something
more
to
be
done
on
its
since
all
the
claims
are
principally
for
sexually
transmissible
disease
and
the
virus
or
because
under
the
1997
Rules,
reception
Thereafter,
Jovy
filed
a
civil
action
against
2.
The
effect
of
an
Order
of
Default
is
RTC-Manila,
the
cause
of
action
against
A
between
the
defendants
is
entitled
to
receive
not
set
up,
shall
be
barred.
(Sec.
2,
Rule
9,
;
docket
(a)
No,
congestion.
the
courts
denial
(Preamble
of
Xs
of
P
.D.
Motion
to
We
would
like
to
seek
the
indulgence
of
the
reader
for
some
Bar
No.
evidence
133113,
on
its
August
own
initiative
30,
after
giving
kilometers
from
the
place
where
he
is
to
injuries.
Carlos
filed
a
complaint
against
Pedro
in
are
principally
for
the
recovery
of
mistake
or
excusable
negligence;
the
counterclaim
inwithout
the
same
action
Jurisdiction;
Ombudsman
Case
Decisions
(2006)..................................................................................................
12
Rule
65
of
the
1997
Rules
ofaction
Civil
RA
3019;
Mandatory
Suspension
(2001)
................................................................................................................
66
B
commenced
suit
to
recover
from
Ahave
the
Petition
for
Certiorari
(2000)
..................................................................................................................................
26
of
a compulsory
right,
or
the
prevention
or
redress
of
Tax
Appeals
raffled
to
one
of
its
Divisions.
April
21,
Investments
Inc.
v.
Court
of
board
that
has
acted
or(1997)
in
excess
was
executed
between
and
Atty.
ST
is
a
counterclaim
which
arises
Liberal
Construction;
Rules
ofBurden
Court
(1998)
presented
in
court.
IsPJ
the
claim
Actions;
Cross-Claims;
Third
Party
Claims
A
filed
with
the
MTC
Manila
an
Does
the
Court
of
Appeals
Arrest;
Warrantless
Arrests
&
Searches
(1997)
......................................................................................................
40
disease
is2005;
transmitted
to
the
victim.
Under
53
Burden
of
Proof
vs.
of
Evidence
(2004)
.....................................................................................................
merits
Arreza
v.
Diaz,
G.R.
recovery
of
money,
the
aggregate
amount
of
evidence
is
not
required.
After
a
Lourdes,
the
owner
the
taxicab,
for
being
on
an
overdue
promissory
note
for
that
the
court
may
proceed
to
render
2001)
amount
of
P190,000.00
from
the
plaintiff.
the
Withdraw
Notice
of
Appeal
is
not
proper,
the
prosecution
the
opportunity
to
be
testify,
(Sec.
9
of
former
Rule
23;
Sec.
10
of
b)
annulment
of
judgment
under
Rule
the
RTC
of
Ozamis
City
for
the
recovery
of
money.
(Sec.
5,
Rule
2
of
the
1997
Rules)
Jurisdiction;
Probate
(2001)...................................................................................................................................
12of
because
itPJ
ispromised
a compulsory
counterclaim.
2).
Procedure,
instead
of
filing
abe
petition
for
balance
of
P1,000,000.00.
After
securing
Petition
for
Relief
Action
for
Annulment
(2002)...................................................................................................
27
Appeals,
G.R.
No.
60036,
January
27,
1987
a
wrong.
(Section
1 &ofArrests
former
Rule
Mark's
complaint
was
dismissed.
Thus,
Questions
which
are
improperly
classified
aor
topic
and
for
of
its Cause
jurisdiction
grave
abuse
whereby
to
pay
ST
a
out
or
is
connected
with
the
transaction
How
shall
the
Rules
of
Court
construed?
defendant
Section
17(a)
valid?
of
Republic
Explain.
(3%)
Act
No.
8504
the
Arrest;
Warrantless
&Mans
Seizures
(2003)
.......................................................................................................
40
B
and
C
borrowed
P400,000.00
from
A.
for
54
specific
Character
performance
Evidence
(2002).....................................................................................................................................
against
B,
a [2%]
jurisdiction
to
review
the
Decisions
in
Actions;
of16.)
Actions;
Motion
to
Dismiss;
bar
by
claimed
shall
beRule
the
test
of or
jurisdiction.
defendant
isunder
declared
in
default,
the
court
breach
of
contract,
and
for
quasi(b)
A
can
take
the
testimony
of
and
judgment
granting
the
claimant
such
P300,000.00
and
that
against
BAtty.
being
on
new
21).
e)
ARule
petition
for
the
probate
of
aY
will
because
the
period
of
appeal
of 45
X
has
not
heard.
(Sec.
23
of
119)
(Sec.
47
6inof
for
Rule
extrinsic
fraud
lack
of
Jurisdiction;
RTC
(2002)
........................................................................................................................................
12
the
ownership
of
a
car.
Pedro
filed
his
review
on
certiorari
under
Rule
thereof
cited
Denso
Phils,
v.
/AC,
G.R.
No.
75000,
Petition
for
Relief;
Injunction
(2002).......................................................................................................................
27
a
favorable
judgment
on
his
claim,
B
SUGGESTED
ANSWER:
he
filed
with
the
Court
of
Appeals
a
court
may
compel
the
accused
to
submit
discretion
amounting
to
lack
or
excess
of
retainer
sum
of
P24,000.00
a
year
and
to
and
occurrence
constituting
the
subject
Arrest;
Warrantless
Arrests;
Objection
(2000)........................................................................................................
41
54
Confession;
Affidavit
of
Recantation
(1998)...........................................................................................................
resident
of
Quezon
City,
to
compel
the
The
promissory
note
was
executed
by
criminal
and
administrative
cases
of
the
prior
judgment
(2002)
b.
No.
Joinder
is
only
permissive
since
[Rule
2, proceed
sec.balance
5(d)].
aggregate
amount
Discovery;
Modes
of Discovery
(2000)
shall
toof
render
judgment
delict.
Lourdes
and
Mans
filed
aBy
motion
to
present
the
documents
as
exhibits
by
estate
valued
at
an
alleged
the
relief
as
his
pleading
may
warrant
unless
involving
anof
some
topics
which
are
improperly
or............................................................................
ignorantly
phrased,
for
the
yet
expired.
From
January
2, be
2003
when
Civil
Actions
Jurisdiction;
vs.
Special
Subdivision
Proceedings
Homeowner
(1998)
(2006).........................................................................................................
12 B
jurisdiction;
orThe
c)P300,000.00
certiorari
ifon
the
Feb.
27,
1987).
answer
within
the
reglementary
period.
for
the
nullification
of
a
decision
of
the
Pleadings;
Amendment
of
Complaint;
Leave
of
Court (2003)
27
The
Rules
Court
should
liberally
brought
another
action
against
A
before
himself
to
a
blood
test
where
blood
samples
petition
for
certiorari
under
Rule
65.
SUGGESTED
ANSWER:
jurisdiction,
when
there
is
no
appeal
or
Bail
(2002)
.............................................................................................................................................................
transfer
the
ownership
of
a
parcel
of
land
41
matter
of
the
plaintiffs
claim.
It
raises
the
54
Facts;
Legislative
Facts
vs.
Adjudicative
Facts
(2004)
...........................................................................................
and
C
in
a
Joint
and
several
capacity.
B,
latter
to
execute
a
deed
of
conveyance
Ombudsman?
(2.5%)
Rolando
filed
a
petition
for
declaration
of
SUGGESTED
ANSWER:
the
loans
are
separate
loans
which
claimed
is
P450,000.00,
exclusive
of
the
Describe
briefly
atthe
least
five
(5)
modes
of
granting
the
claimant
such
relief
asmay
his
Judgment
vs.
Opinion
of
Court
(2006)
dismiss
the
civil
action
on
the
ground
of
taking
his
deposition
through
oral
the
P200,000.00.
court
in
its
discretion
requires
the
purchase
price
of
goods
sold
on
credit.
or
by
the
judicial
record.
(Balangcad
Katarungang
Pambarangay;
Lupon;
Extent
oftheir
Authority;
(2001)............................................................................
13
X
received
ain
copy
of
the
adverse
decision
Distinguish
civil
actions
from
special
judgment
to
void
on
its
face
After
the
pre-trial
and
actual
trial,
and
Pleadings;
Amendment
of
Complaint;
By
Leave
ofin
Court;
Prescriptive
Period
(2000).............................................
27
Court
of
Appeals
in
the
exercise
either
of
construed
order
to
promote
The
Supreme
Court
has
exclusive
appellate
would
be
extracted
from
his
veins
toA,
determine
the
same
court
to
foreclose
the
mortgage.
Does
the
Court
of
Appeals
have
authors
are
just
Bar
Reviewees
who
have
prepared
this
work
while
Bail;
Appeal
(1998)
................................................................................................................................................
41
54
Hearsay
Evidence
(2002)
.......................................................................................................................................
any
other
plain,
speedy
and
adequate
to
Atty.
ST
after
presentation
of
PJs
same
issue
of
who
encroached
on
whose
(a)
An
action
for
specific
performance
or,
covering
a
parcel
of
land
situated
in
who
received
the
money
from
gave
the
nullity
of
his
marriage
to
Carmela
Edited
and
be
governed
by:
by
the
different
terms
and
amount
ofmay
P100,000.00
for
attorneys
fees
discovery
under
the
Rules
of
Court.
(5%)
pleading
warrant,
unless
the
in
litis
pendentia,
that
is,
the
pendency
of Arranged
What
is
the
difference
between
aC
vs.
Justices
of
the
Court
of court
Appeals,
SUGGESTED
ANSWER:
examination
or
written
interrogatories.
Does
the
RTC-Manila
have
jurisdiction
claimant
to
submit
evidence
(Id.)
The
up
toPleadings;
January
13,
2003
when
he
filed
his
SUGGESTED
ANSWER:
proceedings.
[3%]
after
Carlos
has
completed
the
of
Complaint;
Matter
ofand
Right
(2005)3.
.................................................................................
28
whether
he
has
HIV.
(8%)
its
original
or
appellate
jurisdiction?
jurisdiction
over
decisions
of
the
As
a
mode
of
review
of
the
objective
ofaAmendment
securing
a
just,
speedy
A
now
files
motion
to
dismiss
the
second
Jurisdiction;
Subdivision
Homeowner
(2006)
Bail;
Application;
Venue
(2002)..............................................................................................................................
41
54
Hearsay
Evidence
vs.
Opinion
Evidence
(2004)
.....................................................................................................
jurisdiction
over
Mark's
petition?
(2.5%)
the
alternative,
for
damages
in
the
amount
remedy
in
the
ordinary
course
of
law.
evidence.
PJ
did
not
comply
with
his
land.
Hence,
there
was
no
need
to
answer
SUGGESTED
ANSWER:
P200,000.00.
C,
in
turn,
loaned
Quezon
City
having
an
assessed
value
of
CIVIL
PROCEDURE
..............................................................................................................................................
13
because
of
the
alleged
psychological
G.R.
No.Explain.
83888.
February
1992,
SUGGESTED
ANSWER:
To
NULLIFY
A
DECISION
ofExams
the
Court
of
conditions.
The
two
loans
give
rise
to
two
and
expenses
of
litigation.
Hence,
the
its
requires
the
claimant
to
the
civil
impliedly
instituted
in
the
judgment
and
an
opinion
of
the
court?
version
(Rule
24;
new
Rule
23)
He
may
also
file
a 1987-2003
No.
The
procedure
isof
governed
by12,
Sec.
11
party
in action
default
cannot
take
part
in
the
over
the
case?
(3%)
reviewing
for
the
Bar
under
time
constraints
and
within
their
withdrawal
of
appeal
and
Motion
for
New
1discretion
DEPOSITION.
By
leave
court
after
Pleadings;
Amendment
of
Complaint;
Toby
Conform
w/
Evidence
(2004)
..................................................................
28
presentation
of
his
evidence,
Pedro
moved
a)
Are
the
rights
the
accused
to
be
Ombudsman
in
criminal
cases
(Sec.
14,
R.A.
decisions
of
the
National
Labor
Explain.
inexpensive
disposition
of
every
action
action
on
the
ground
of
bar
prior
Bail;
Forms
of
Bail
(1999)
......................................................................................................................................
41he
54 Hearsay;
Exception;
Dead
Man
Statute
(2001)........................................................................................................
What
court
has
jurisdiction
anagainst
action
No,
the
RTC-Manila
has
no
jurisdiction
ALTERNATIVE
ANSWER:
of
180,000.00
falls
within
the
jurisdiction
of
Five
modes
of
discovery
under
the
Rules
undertaking.
Atty.
ST
filed
aover
case
the
3[A])
counterclaim.
ALTERNATIVE
ANSWER:
206
8CRA
171).
a.
The
rule
against
splitting
a
cause
of
SUGGESTED
ANSWER:
p19,000.00.
B
received
the
summons
and
P100,000.00
out
of
the
P200,000.00
incapacity
of
the
latter.
A
CIVIL
ACTION
is
one
by
which
a
party
Appeals
the
aggrieved
party
should
file
a
separate
causes
of
action
and
may
be
the
RTC-Manila
has
jurisdiction.
submit
evidence,
which
may
be
delegated
criminal
action
for
reckless
imprudence
(2.5%)
motion
for
the
production
or
inspection
of
of
R.
A.
9282.
Decisions
of
a
division
of
trial
but
shall
be
entitled
to
notice
of
Silliman
University
ADDITIONAL
ANSWER:
Trial,
only
ten
(10)
days
had
elapsed
and
Actions;
Pleadings;
Cause
Answer;
of
Action
Defense;
vs.
Action
Specific
(1999)
Denial
............................................................................................................
(2004)
..............................................................................................
jurisdiction
has
been
obtained
over
28
13
presumed
innocent
of
the
crime
charged,
for
the
dismissal
of
the
complaint
on
the
6770)
.
In
administrative
and
disciplinary
Relations
Commission
and
the
Actions;
Counterclaim
vs.
Crossclaim
(1999)
and
proceeding.
(Sec.
6,
Rule
1
1997
Rules
of
1
Is
the
death
of
PJ
a
valid
ground
to
The
claim
of
defendant
is
valid,
because
Bail;
Matter
of
Right
(1999)
....................................................................................................................................
41
54
Hearsay;
Exception;
Dying
Declaration
(1998)
.......................................................................................................
judgment.
Rule
on
the
motion.
(2%)
for
specific
performance
filed
by
a
over
the
case.
A
and
B
could
not
be
joined
Metropolitan
Trial
Courts
in
Metro
Manila.
SUGGESTED
limited
knowledge
of
the
law.
WeLaw
would
like
to
seek
the
readers
RTC
of
Quezon
City,
can
B
file
a cross(a)
Theanother
witness
can
also
refuse
toJanuary
comply
Default;
Remedies;
Party
Declared
in3,
Default
(2006)
The
of
Court
judgment
are:
or
fallo
is
the
final
disposition
PJ
which
was
docketed
as
Civil
Case
No.
After
trial,
the
court
rendered
judgment
action
and
its
effect
are
that
if
two
or
received
to
D.
a)
In
an
action
filed
by
a
copy
ofANSWER:
the
Complaint
on
02
sues
for
the
enforcement
or
PETITION
FOR
REVIEW
ON
CERTIORARI
basis
of
two
separate
complaints.
SUGGESTED
ANSWER:
to
the
clerk
of
court.
(Sec.
Rule
9)
resulting
in
physical
injuries.
However,
documents.
strict
(Rule
observance
27).
of
the
rules
is
the
Court
of
Tax
Appeals
must
beA
subsequent
proceedings.
(Sec.
Actions;
Pleadings;
Cause
Certification
of
Action;
Against
Joinder
Forum
&so.
Splitting
Shopping
(1998).............................................................................................
(2000)
.......................................................................................
13
29
he
had
fifteen
(15)
days
to
do
any
defendant
orself-incrimination
over
property
College
of
Batch
to
privacy,
and
against
cases,
appeals
from
the
Ombudsman
must
be
ground
that
under
the
facts
proven
and
Constitutional
Commissions.
(2.5%)
Civil
Procedure.)
a)
What
is
aserious
counterclaim?
(2%)
b)
Bail;
Matter
of
Right
vs.
Matter
ofmotion
Discretion
(1999)
...............................................................................................
41
55
Hearsay;
Exception;
Res
Gestae;
Opinion
of
Ordinary
Witness
(2005)
dismiss
the
money
claim
of
Atty.
the
court
received
evidence
which
it
can
The
motion
to
dismiss
should
be
denied.
Although
an
action
for
specific
performance
subdivision
homeowner
against
a
as
defendants
in
one
complaint
because
of
the
Court
which
is
reflected
in
the
3.
Assuming
that
the
to
set
claim
against
C
for
the
amount
with
the
subpoena
duces
tecum
on
the
Jojie
filed
with
the
Regional
Trial
Court
of
Actions;
Cause
of
Action;
Joinder
of
Action
(2005)
456.
During
the
trial
of
Civil
Case
No.
dismissing
the
petition
on
the
ground
more
suits
are
instituted
on
the
basis
of
2003.
10
January
2003,
Bcourse
filed
a Plaintiffviolated
against
Bin
and
with
theof
Certiorari
asthis
a the
mode
of Tax
review
of
the
(b)
No,
the
courts
of
due
to
protection
of
a for
right,
or
the
prevention
or
in
the
Supreme
under
Rule
45
of
Resolve
the
motion
with
reasons.
(4%)
an
imperative
necessity
when
they
to
the
Court
Appeals
Actions;
Pleadings;
Cause
Counterclaim
ofCourt
Action;
against
Joinder
the
of
Counsel
Action
(1999)................................................................................................
of are
the
(2004) ......................................................................
29
13
indulgence
a
lot
of
typographical
errors
work.
by
such
compulsory
testing?
which
isC
subject
ofdecision.
the
action,
taken
toOn
the
Court
ofdenial
Appeals
under
Rule
43
the
law
applicable
to
the
case,
2005
Carlos
(Lanting
v.
Ombudsman,
G.R.
No.
141426,
Distinguish
Bail;
Matter
ofaRight
counterclaim
vs.
Matter
of
Discretion
from
(2006)
ais...............................................................................................
42en
...................................................................
55 appealed
Hearsay;
Exceptions
(1999)
ST
in
Civil
Case
No.
456?
Explain.
order
in
its
own
discretion,
in
which
case
The
action
for
breach
of
contract
against
is
not
capable
of
pecuniary
estimation,
subdivision
developer?
Choose
the
correct
dispositive
the
right
to
portion
relief
against
of
the
both
defendants
A
aside
complies
with
the
other
P200,000.00?
b)
Can
C
file
a
third
party
ground
that
the
documents
are
not
Laguna
a
complaint
for
damages
against
Perry
is
a
resident
of
Manila,
while
Ricky
456,
PJ
died.
that
Rolando
failed
to
prove
the
SUGGESTED
ANSWER:
the
same
cause
of
action,
the
filing
of
one
Motion
to
the
Complaint
on
the
decision
ofwithout
thethe
NLRC
is
elevated
tosame
As
appeal
is
not
correct
the
redress
of Dismiss
aof
wrong.
(See.
3[a],because
1,(2005)................................................................................................
1997
Rules
Court
instead
of
filing
a
Pleadings;
Motions;
Bill
Particulars
(2003).........................................................................................................
29
Actions;
Cause
of Action;
Joinder
ofRule
Action
13
considered
indispensable
to
the
banc.
Further,
CTA
now
hasExceptions;
the
Explain.
or
such
leave
after
an
May
6,
Fabian
v.of
Desierto,
G.R.
No.
not
entitled
to
the
ownership
of
the
car.
Bail;
Witness
Posting
Bail
(1999)
...........................................................................................................................
42
...................................................................................................................................
55
Hearsay;
crossclaim.
(2%)
since
the2005;
alternative
demand
for
damages
is
(2%)
the
ofincapacity
the
plaintiff
must
pass
the
the
owner
cannot
be
barred
by
decision
is
directly
prepared
by
aaccused
judge
and
1evidence
The
Housing
and
Land
Use
answer.
Explain.
do
not
arise
out
ofpretrial,
the
same
transaction
or
requirements
ofof
the
rule,
it(1999)
should
be
complaint
against
Dcompel
for
the
amount
of
P
relevant
and
there
was
no
tender
of
fees
No.
The
court
may
the
to
Joe.
During
the
(sic)
and
and
Marvin
are
residents
ofJojie
Batangas
City.
psychological
of
his
wife.
The
or
a taxicab
judgment
upon
the
merits
in
any
one
ground
of
lack
jurisdiction
contending
Court
of
Appeals
under
Rule
65,
as
held
appeal
was
taken
on
time.
From
January
UPDATED
BY:
Rules
of
Civil
Procedure),
while
a
SPECIAL
petition
for
certiorari
under
Rule
65
Pleadings;
Reply;
Effect
of
Non-Filing
of
Reply
(2000)
...........................................................................................
29
Actions;
Cause
of
Action;
Splitting
.............................................................................................................
14
prevention
of
needless
delays
and
to
the
rank
as
the
Court
of
Appeals
and
is
no
129742,
September
16,
1998;
Sec.
14,
RA.
answer
has
been
served,
the
Complaint
vs.
Information
(1999)
...........................................................................................................................
42
c)
A,
who
is
engaged
in
tile
Dying
Declaration
(1999)
.....................................................................................................
55
Hearsay;
The
RTC
granted
the
motion
for
dismissal.
SUGGESTED
ANSWER:
capable
of
pecuniary
estimation,
it
is
within
signed
basic
requirements
by
him,
containing
of
admissibility.
clearly
and
the
criminal
action
against
the
taxicab
2)
Regulatory
Board
series
2
Will
of
transactions
your
answer
be
and
the
there
same
is
with
no
granted.
Although
such
a
motion
may
be
100,000.00?
for
one
day's
attendance
and
the
submit
himself
to
a
blood
test
to
her
(sic)
counsel
failed
to
appear
despite
They
are
the
coowners
of
a
parcel
of
judgment
having
become
final,
Rolando
is
available
as
aA
ground
for
the
dismissal
that
the and
subject
matter
of a
the
suit
was
in
the
case
of St. of
Martin's
Funeral
Home
6,
2003
when
received
copy
of
the
PROCEEDING
Prejudicial
Question;
is
a Ejectment
remedy
vs.
by
Specific
which
Performance
a
(2000)
..........................................................................
30
Actions;
Cause
ofthe
Action;
Splitting
(2005)
.............................................................................................................
14
except
under
very
exceptional
6770).
orderly
speedy
dispatch
of
Judicial
longer
considered
aany
quasi-judicial
agency.
Demurrer
to
Evidence;
Contract
of
Carriage
(2004)................................................................................................
testimony
person,
whether
42v.a
Inapplicable
(2003)..................................................................................................................................
55common
Judicial
Default
(2001)
installation
business,
was
sued
by
EE
Carlos
appealed
order
ofrules.
dismissal
and
the
jurisdiction
of
the
Metropolitan
Trial
distinctly
a
statement
of
the
facts
proved
driver,
although
the
taxicab
owner
can
be
common
respect
question
to
the
of
law
real
or
property
fact
being
3[C].
Rule
1,1997
Rules
of
Civil
made
after
notice
but
before
judgment
kilometrage
allowed
by
the
determine
whether
he
has
HIV
under
Sec.
notice
to
both
of
them.
Upon
oral
motion
residential
2
The
land
Securities
located
in
and
Pasay
Exchange
City
with
Jurisdiction;
Probate
(2001)
filed
another
petition,
this
time
on
the
NLRC,
G.R.
No.
130866,
September
16,
of
the
others.
(Sec.
4, Rule
incapable
Pre-Trial;
of
Requirements
pecuniary
(2001)
estimation.
..............................................................................................................................
The
30
Actions;
Cause
of(2005)............................................................................................................................
Actions;
Motion
to
Dismiss;
bar
by prior(a)
judgment
.........................................................
decision
up
to
January
19,
2003
when
he
party
seeks
to
establish
a
status,
a
right
circumstances.
A
long
line
of
decisions
of
SUGGESTED
ANSWER:
B(2002)
can
file
awhich
cross-claim
against
C
business
.Production
(Alvero
vs.
Judge
de
la
Rosa,
76
It
isYes.
likewise
provided
in
the
said
law
that
Demurrer
to
Evidence;
w/o
Leave
of
Court
(1998)
..................................................................................................
42
Notice;
Evidence
56separate
Judicial
party
or
not,
may
be
taken,
at
the
Mario
was
declared
in6).
default
but
before
Industries
for
breach
of
contract
for
1The
Splitting
a
single
cause
action:
the
appellate
court
reversed
the
order
of and1998
Courts
inTan,
Metro
Manila.
(Sec.
33
ofof
BP
129
as
Discovery;
and
Inspection
of
Documents
and
the
law
upon
the
judgment
is
b.
motion
to
dismiss
should
be
Procedure.)
Cruz
us.
87
Phil.
627].
held
subsidiarily
liable
in
the
criminal
Singson,
Adm.
Matter
No.
RTJ-91-758,
to
both.
(Rule
3,
sec.
Hence,
claimed
by
Atty.
ST
in
Civil
Case
(Sec.
3[B]
of
Rule
9)
,motion.
with
more
reason
may
17(a)
of
R.A.
No,
8054.
His
rights
to
be
of
Jojie,
Joe
was
declared
as
in
default
an
assessed
Commission
value
of
P100,000.00.
Perry
.
Certiorari
as
a
mode
of
review
from
Josefa
filed
in
the
Municipal
Circuit
Trial
ground
that
his
marriage
to
Carmela
had
Remedial
Provisional
Law
in
Phil.
Remedies
System
(1999)
of
Govt
.................................................................................................................................
(2006)
30
14
Actions;
Counterclaim
(2002)
................................................................................................................................
court
denied
the
In
due
time,
B
filed
a
Motion
for
Reconsideration,
only
or
a
particular
fact.
(Sec.
the
Supreme
Court,
too
numerous
to
Phil.
428)
1
No.
Under
Sec.
20,
Rule
3,
1997
for
the
amount
of
200,000.00
given
to
C.
the
decisions
of
the
CTA
en
bane
are
Demurrer
to
Evidence;
w/o
Leave
of
Court
(2001)
..................................................................................................
43
Notice;
Evidence;
Foreign
Law
(1997).......................................................................................................
56
amended
by
RA
No.
7691:
instance
of
any
party,
by
deposition
judgment
was
rendered,
he
decided
to
installing
different
marble
tiles
in
its
(2002)
(3%|
the
trial
court.
Thereafter,
Pedro
filed
a
based
(Etoya
v.
Abraham
The
RE-Take
2007
September
26,
1994).
Conciliation
granted.
Proceedings;
When
Bdiscovery
Katarungang
commenced
Pambarangay
suit
to
vs.
case,
if
the
driver
is
insolvent.
On
the
complaints
No.
456?
will
Explain
have
to
(2%)
be
files
and
they
it
be14
filed
after
even
before
presumed
of
the
charged,
and
Jojie
was
allowed
tocrime
present
her
borrowed
P100,000.00
from
Ricky
which
the
Commission
on
Audit
(COA)
and
Court
Provisional
of
Alicia
Remedies;
and
Mabini,
Attachment
a
(1999)
petition
.............................................................................................................
for
30
Actions;
Counterclaim
vs.
(1999).........................................................................................................
been
celebrated
without
a
license.
Is
the
How
are
remedial
laws
implemented
in
3SCRA
The innocent
Regional
Trial
Court
filed
with
the
RTC
aCrossclaim
twelve
(12)
days
had
elapsed.
mention,
holds
that
certiorari
is
notfor
a
SUGGESTED
A
cross-claim
Rules
of
isto
Civil
a
claim
Procedure,
filed
by
one
when
party
the
Demurrer
toprovided
Evidence;
w/o
Leave
of
Court
(2004)
..................................................................................................
43
Memorandum
(1996)..............................................................................................................................................
57
cognizable
by
the
Supreme
Court
under
oral
examination
or
written
file
a upon
motion
set
aside
the
order
of
(b)
An
action
for
injunction
isPetition
not
capable
offices
asANSWER:
in
their
contract.
144
377
(1986)].
The
plaintiff
sued
the
defendant
in
the
motion
with
the
RTC
asking
the
latter
to
SUGGESTED
ANSWER:
Pre-Trial
Conference
(1999)
collect
on
the
promissory
note,
he
waived
2
Non-joinder
of
a
necessary
party.
[2%]
other
hand,
the
civil
action
for
quasiwould
fall
under
the
jurisdiction
of
the
receipt
of
the
order
of
default.
to
Jurisdiction;
privacy
Incapable
and
against
of
Pecuniary
self-incrimination
Estimation
(2000)
Provisional
Remedies;
Attachment
(1999)
.............................................................................................................
evidence
ex
parte.
Thereafter,
the
court
30
he
promised
to
pay
on
or
before
December
15
Actions;
Cross-Claims;
Third
Party
Claims
(1997)
.................................................................................................
COMELEC
is
elevated
to
the
Supreme
the
probate
the
will
ofsingle
her
husband,
second
action
barred
by
the
judgment
in
ourThe
system
ofFailure
government?
(2%)
1.
effect
of
splitting
a
cause
of
Certiorari
praying
that
the
said
Order
be
Consequently,
he
had
three
(3)
days
from
4
The
Commercial
Court
or
the
substitute
for
a
lost
appeal.
It
should
be
Dismissal;
to
Prosecute
(2003)...................................................................................................................
An
opinion
of
the
court
is
the
informal
43
Offer
of
Evidence
(1997)
........................................................................................................................................
against
action
a
co-party
is
for
arising
recovery
out
of
of
money
the
57
Rule
45
of
the
1997
Rules
of
Civil
SUGGESTED
ANSWER:
No,
the
interrogatories.
second
action
is
(Sec.
not
1,
barred
Rule
23,
by
1997
the
default.
a)
What
should
Mario
state
in
his
of
pecuniary
estimation
and
hence
falls
Default;
Remedies;
Party
Declared
in
Default
(1998)
Without
filing
any
motion
to
dismiss,
A
RTC
to
collect
on
a
promissory
note,
the
allow
him
to
present
his
evidence.
Carlos
What
isActions;
the
ifthe
any,
between
his
right
todifference,
foreclose
mortgage.
Bof
delict
against
the
driver
is
an
SUGGESTED
ANSWER:
Metropolitan
Trial
Court.
[Flores
v.
Provisional
Remedies;
Attachment
(2001)
.............................................................................................................
30
15
Derivative
Suit
vs.
Class
Suit
(2005).........................................................................................................
are
not
violated
by
such
compulsory
A
brings
an
action
in
the
MTC
of
Manila
rendered
its
Decision
in
favor
of
Jojie.
Joe
1,
2004.
However,
Perry
failed
to
pay
his
Court
within
30
days
from
notice
of
the
Martin,
who
died
in
the
Municipality
the
first?
Why?
(2%)
The
Authors
Jurisdiction;
Office
of
the
Solicitor
General
(2006)
set
action
aside
is
found
because
in
the
the
rule
MTC
as
follows:
had
no
If
receipt
on
February
3,
2003
of
the
Order
Dismissal;
Provisional
Dismissal
(2003)
................................................................................................................
An
action
for
specific
performance
by
43
noted,
however,
when
the
Court
of
Regional
Trial
Court
designated
by
Offer
of
Evidence;
res
inter
alios
acta
(2003)..........................................................................................................
57
expression
of
the
views
of
the
court
and
transaction
arising
or
from
occurrence
contract,
that
express
is
the
Procedure.
Rules
Civil
Procedure.)
to
justify
the
aside
of the they
orderare
ofora
judgment
SUGGESTED
ANSWER:
inofsetting
the
first
because
motion
in
order
within
the
jurisdiction
of
the
RTCs.
filed
What
are
its
the
Answer
available
with
remedies
Counterclaim
ofour
a(2005)...........................................................................................
terms
of
which
were
stated
in
the
objected
to
the
presentation
of
evidence
From
the
ANSWERS
TO
BAR
EXAMINATION
conciliation
proceedings
under
the
split
his
cause
of
action.
No.
Pedros
motion
should
be
denied.
He
Remedial
laws
are
implemented
in
Mallare-Philipps,
independent
civil
action
under
Article
33
Provisional
Remedies;
Attachment
(2005)
.............................................................................................................
30
16
Actions;
Filing;
Civil
Actions
&
Criminal
Action
testing.
against
In
B
an
for
action
the
in
annulment
which
the
physical
of
an
hired
Jose
as
his
counsel.
What
are
the
loan.
Perry
also
rejected
Ricky
and
judgment,
decision
or
order
or
Alicia,
the
residence
of
the
spouses.
The
In
1996,
Congress
passed
Republic
Act
two
or26,
more
suits
are
instituted
on
the
jurisdiction
over
the
case.
6%
Onlegal
13
Double
Jeopardy
(2002).........................................................................................................................................
44
denying
his
Motion
for
Reconsideration
subdivision
homeowner
against
Offer
of
Evidence;
Testimonial
& Documentary
(1994)
57
the
Supreme
Court
to
hear
and
Appeals
imposes
the
death
penalty,
or
a ...........................................................................................
cannot
prevail
against
its
final
order.
The
subject
implied,
matter
of
and
the
original
defendant
action
dies
aa
default?
The
(3%)
available
b)
In
what
to final
a
party
form
against
should
Actions;
Cause
ofCode
Action;
Splitting
(2005)
2remedies
INTERROGATORIES
TO
PARTIES.
Under
different
causes
ofthe
action.
The
first
isor
for
(a)
Was
the
denial
of
the
Motion
to
July
2005
theorizing
party
declared
that
In
EE
Industries
has
no
complaint
and
a default:
photocopy
attached
to
by
Pedro.
Should
the
RTC
grant
Pedros
Katarungang
Pambarangay
Law
and
the
ALTERNATIVE
ANSWER:
can
no
longer
present
evidence.
The
system
ofthe
government
through
the
pillars
of
the
Provisional
Civil
Remedies;
and
Attachment
Sec.
3,
Rule
vs.
Garnishment
111
of
(1999)
...................................................................................
16
Actions;
Intervention;
Requisites
(2000)
................................................................................................................
condition
of
a
party
is
in
controversy,
the
extrajudicial
foreclosure
sale
of
real
remedies
available
to
him?
Explain.
(5%)
Marvin's
proposal
to
partition
the
resolution
sought
to
be
reviewed,
as
probable
value
of
the
estate
which
No.
8189,
otherwise
known
as
the
Voter's
Double
Jeopardy;
Upgrading;
Original
Charges
(2005)
..........................................................................................
44
QUESTIONS
Opinion
Rule
(1994)...............................................................................................................................................
by
the
UP
LAW
COMPLEX
subdivision
developer
&
Philippine
is
within
Law
57
the
February
basis
of
2003,
same
A
filed
cause
with
of
the
action,
MTC
the
a
within
which
to
appeal.
He
filed
is
notice
lesser
penalty
for
offenses
committed
on
decide
"commercial
cases."
opinion
the
court
iscase,
contained
in are
the
counterclaim
before
therein
entry
ofand
final
judgment
include
a
in
such
whom
motion
a of
default
be?
(2%)
decision
ismay
rendered
(c)
action
for
replevin
amotion
motorcycle
Raphael,
apresent
warehouseman,
filed
a
the
same
conditions
specified
in
annulment
of
marriage
on
the
ground
of
Dismiss
the
Complaint
(Look
for
citation
of
latest
in
Since
As
Motion
for
Reconsideration
was
capacity
to
sue
because
itof
is
not
aBefore
duly
the
complaint
as
an
annex.
motion
to
his
evidence?
Why?
1An
Before
the
rendition
of
judgment;
negotiations
for
an
amicable
settlement
Provisional
31
Remedies;
(2001)................................................................................................................
31
Rules
provide
that
ifcorrect?
the
for
16
Actions;
Real
Actions
&
Personal
Actions
(2006)...................................................................................................
of
the
judicial
system,
including
the
the
Rules
of
Court,
which
can
be
filed
court
property
may
with
order
an
the
accused
assessed
to
value
submit
of
to
property.
Ricky
filed
a complaint
against
provided
for
under
the
Rule
64
of
the
consisted
mainly
of
aInjunction
house
and
lot
was
Extradition
(2004)
..................................................................................................................................................
44
Parol
Evidence
(2001)....................................................................................................................................
58
jurisdiction
Registration
ofAct
the
ofHousing
1996,
and
providing
Land
Use
for
filing
of
one
or
aRule
judgment
on
the
merits
motion
to
declare
B
in
default.
The
SUGGESTED
ANSWER:
of
appeal
on
February
5,
2003,
or
only
such
occasion,
appeal
by
petition
for
body
of
the
decision
that
serves
as
a
guide
claim
that
the
court
the
party
in
which
against
the
whom
action
it
is
is
1.
BEFORE
the
judgment
in
default
2004)
2004)
as
follows:
valued
at
150,000.00
falls
within
the
(b)
Resolve
the
Motion
to
Declare
the
complaint
against
V
Corporation,
X
section
1
of
Rule
23,
any
party
psychological
incapacity
under
Article
36
filed
on
January
19,
2003
and
it
was
registered
corporation.
By
of...................................................................................................
answering,
the
defendant
filed
away
motion
(5%)
Schools
Association
2006
[1%]
during
the
pre-trial
conference
under
the
Provisional
Remedies;
Injunction
(2003)................................................................................................................
31
16
Actions;
Survives
Death
of
the
Defendant
(2000)
dismissal
isP95,000.00
granted
by
the
trial
court
but
prosecutory
service,
our
courts
of
justice
separately
and
can
proceed
a
physical
examination.
(Sec.
1,
Rule
28,
P50,000.00
located
inRTC
The
Perry
and
Marvin
in
the
ofsuch
Pasay
City
Information
(2001)
.................................................................................................................................................
45
Preponderance
vs.the
Substantial
Evidence
(2003)
....................................................................................................
58
1997
Rules
of
Civil
Procedure.
In
the
case
placed
at
and
in
the
petition
Regulatory
Board.
Sec.
1 Laguna.
of
Pthe
.D.
1344
a)
In
order
to
justify
the
setting
aside
of
computerization
of
elections.
Pursuant
motion
in
any
one
was
is
opposed
available
by
as
B
a
ground
on
ground
for
the
two
(2)
days
later.
review
or
ordinary
appeal.
In
cases
when
or
enlightenment
to
determine
ratio
asserted
pending
is
or
may
at
the
be
time
liable
of
to
the
crossdeath,
becomes
final
and
executory:
SUGGESTED
ANSWER:
jurisdiction
of
Metropolitan
Trial
Defendant
in
Default.
Corporation
and
Y
Corporation
to
compel
b)
If
the
result
of
such
test
shows
that
shall
file
and
serve
upon
any
of
the
Family
Code,
while
the
second
is
denied
on
January
20,
2003,
itdismissal
was
clearly
counterclaim,
A
asked
for
moral
and
for
an
order
directing
the
plaintiff
to
Provisional
Remedies;
Injunctions;
Ancillary
Remedy
Action
(2006)........................................................
31
16
Appeals;
Period
ofof
Appeal;
Fresh
Period
Rule
(2003).............................................................................................
Rules
of
Court?
(2%)
on
appeal
the
order
of
isa vs. Main
2The
After
judgment
but
before
its
finality;
and
quasi
judicial
agencies.
independently
of
the
criminal
action
and
1997
Rules
of
Civil
Procedure)
Information;
Amendment
(2001)
............................................................................................................................
45
2.
effect
of
the
non-joinder
Privilege
Communication
(1998)
complaint
alleged
prematurity
of
the
sale
58
Updated
by
Dondee
provides
for
the
partition
that
the
of
HLURB
the
property.
has
jurisdiction
He
also
of
the
Service
Commission
(CSC),
for
the
allowance
the
will,
attorneys
the
order
of
default,
Mario
should
state
in
thereto,
the
COMELEC
approved
the
Actions;
Intervention;
Requisites
(2000)
dismissal
of
the
others.
(Sec.
433
of
Rule
2)of
that
his
Petition
for
Certiorari
was
still
(b)
No,
C
cannot
file
athe
third-party
The
difference
between
the
conciliation
the
Court
of
Appeals
imposes
reclusion
SUGGESTED
ANSWER:
decidendi
of
the
decision.
The
opinion
claimant
itCivil
shall
for
not
all
be
or
dismissed
part
of
abut
claim
shall
BP
129.
as
amended
by
RA
No.
1
Motion
for
Reconsideration
he
is
HIV
positive,
and
the
prosecution
Courts
in
Metro
Manila
(Sec.
of
them
to
interplead.
He
alleged
therein
adverse
party
written
for
declaration
of
nullity
of
marriage
Remedial
Law
vs.
Substantive
Law
(2006)
Provisional
Remedies;
Injunctions;
Issuance
w/out
Bond
(2006)
...........................................................................
31
not
Contempt;
set
Death
for
of
hearing
a
Party;
Effect
with
(1998)
at
least
three
actual
damages
as
her
business
depleted
17
Certiorari;
Mode
of
Certiorari
(2006)
......................................................................................................................
produce
the
original
of
the
note
so
that
Certiorari;
Rule
45
vs.
Rule
65
(1998)
reversed,
he
shall
be
deemed
to
have
and
[2%1
regardless
of
the
result
of
the
latter.
Information;
Amendment;
Double
Jeopardy;
Bail
(2002)
........................................................................................
45
Privilege
Communication;
Marital
Privilege
(1989)
.................................................................................................
58
over
cases
involving
specific
performance
necessary
party
may
be
stated
as
follows:
for
the
reason
that
the
mortgage
was
not
incorporated
in
his
complaint
his
action
review
of
its
judgments
is
through
fees
in
the
amount
of
P10,000.00,
his
motion
that
his
failure
to
answer
was
Voter's
Registration
and
Identification
What
are
the
requisites
for
an
(a)
The
denial
of
the
Motion
to
Dismiss
The
available
remedies
of
a
party
pending.
complaint
against
Dthe
because
the
loan
ofof
7691).
proceedings
perpetua,
life
under
imprisonment
the
Katarungang
or
a
lesser
forms
noagainst
part
judgment
even
if
asserted
instead
beof
the
allowed
cross-claimant.
to continue
(Sec.
until
offers
such
result
in
evidence
to prove
the
under
Rule
37;
ALTERNATIVE
ANSWER:
1
Should
the
judge
grant
the
defendants
July
22,
2007
that
the
three
corporations
claimed
title
interrogatories
regarding
Provisional
Remedies;
Injunctions;
Requisites
(2006)............................................................................................
31
in view
of
the
absence
of
amaterial
basic
Distinguish
between
substantive
law
and
17
Certiorari;
Rule
45
vs.
Rule
65
(1998)
.....................................................................................................................
A
filed
athe
complaint
for
the
recovery
of
days
notice.
Therefore,
motion
was
as
a
result
of
the
withdrawal
July
22,
2007
Differentiate
certiorari
as
an
original
the
defendant
could
inspect
it
and
verify
(Samson
v.
Daway,
G.R.
Nos.
160054-55,
July
waived
right
to
present
evidence.
Information;
Amendment;
Supervening
Events
(1997)
...........................................................................................
45
Privilege
Communication;
Marital
Privilege
(2000)
.................................................................................................
59
contractual
and
statutory
obligations
filed
by
3
After
finality
of
judgment?
[2%]
The
court
may
order
the
inclusion
of
an
yet
due.
B
timely
moved
to
dismiss
the
against
Perry
for
the
collection
of
the
petitions
for
review
under
Sec.
5
of
Rule
litigation
expenses
in
the
amount
of
due
to
fraud,
accident,
mistake
or
System
(VRIS)
Project.
It
issued
intervention
by
a
nonparty
in
an
action
(d)
An
action
for
interpleader
to
the
Complaint
was
not
correct.
Although
declared
in
default
are
as
follows:
8
Rule
6)
P100,000
has
no
connection
with
the
qualifying
circumstance
under
the
Pambarangay
Law
and
the
negotiations
penalty,
appeal
is
by
notice
of
appeal
filed
combined
in
one
instrument,
but
may
be
No,
because
when
the
appellate
court
entry
of
final
judgment.
A
favorable
Provisional
Remedies;
Receivership
(2001)
...........................................................................................................
32
motion
for
production
and
inspection
of
State
with
reasons
whether
it
was
proper
and
17
right
Certiorari;
of
possession
Rule
45
vs.
Rule
over
65
(2005)
the
.....................................................................................................................
goods
and
relevant
facts
to Trial
be
answered
2
Motion
for
New
under
requirement,
which
is
a
marriage
license.
remedial
law.
(2%)
SUGGESTED
ANSWER:
21,
pro
ownership
ofand
land
did
against
not
interrupt
B jurisdiction
who
was
the
cancellation
by
her
clients
of entries
their
his
signature
and
the
handwritten
action
from
certiorari
as
a
mode
of
(Sec.
1forma
of Rule
33,
Rules
of
Civil
Procedure)
Information;
Bail
(2003)
.........................................................................................................................................
45
Privilege
Communication;
Marital
Privilege
(2004)
.................................................................................................
59
buyers
of
subdivision
lots
and
condominium
SUGGESTED
ANSWER:
omitted
necessary
party
iftrial
case
on
the
ground
that
the
action
should
1947).
latter's
P100,000.00
loan,
plus
interests
43
of
the
1997
Rules
of
Civil
Procedure.
P5,000.00
and
costs
were
included.
Pedro,
excusable
negligence
and
that
he
has
1.
BEFORE
THE
RENDITION
OF
JUDGMENT
invitations
to
pre-qualify
and
bid
for
the
pending
in
court?
(5%)
determine
who
between
the
defendants
is
the
assessed
value
the
parcel
of
land
for
qualified
rape,
should
the
opponent's
claim.
C
could
have
loaned
for
with
an
the
amicable
Court
of
Appeals.
settlement
during
the
referred
to
for
the
purpose
of
construing
reversed
the
order
of
the
court
itnote? Information
judgment
obtained
by
the
plaintiff
SUGGESTED
ANSWER:
Provisional
Remedies;
Replevin
(1999)..................................................................................................................
32
SUGGESTED
ANSWER:
18
Contempt;
Death
ofof
awhich
Party;
Effect
(1998)
..............................................................................................................
The
motion
should
be
granted.
The
MTC
the
original
of
the
promissory
for
Ricky
to
join
his
causes
of
action
ina
deposited
in
his
warehouse
and
that
he
the
party
served.
(
Sec.
1,
Rule
25,
Rule
37;
and
[ALTERNATIVE
Arts,
9by
&
35(3),
Family
Code].
They
are
represented
by
her
counsel
X.
In
the
period
of
appeal
expired
on
contracts
due
to
the
filing
of
the
case.
The
appeal.
|3%]
of
the
dates
and
amounts.
Information;
Motion
to
Quash
(2000)......................................................................................................................
46
Privilege
Communication;
Marital
Privilege
(2006)
.................................................................................................
59
The
requisites
for
intervention
units
against
the
owner,
developer,
dealer,
ANSWER:
over
his
person
may
be
obtained.
The
Insurance
have
been
Corp.
brought
v.
Eddy
in
the
Ng
RTC
Kok
ofRule
Wei,
Laguna.
G.R.
and
attorney's
fees.
court
reject
such
result
on
the
ground
that
the
next
of
kin
of
Martin,
filed
an
meritorious
defense.
[Sec.
3(b)
of
9,].
project.
After
the
public
bidding,
Fotokina
entitled
to
receive
the
amount
of
(a)
he
may
file
aSupport
under
oath
2.
AFTER
the
judgment
in
default
involved
was
P19,000.00,
within
(1980)
and
other
cases].
the
money
out
of
other
funds
inPerry
his
SUBSTANTIVE
LAW
ismotion
that
part
ofcourt
the
pre-trial
conference
under
the
Rules
of
Certiorari
judgment
as
(Contreras
an
original
v.
Felix,
action
G.R.
No.
and
Lshould
have
rendered
judgment
in
favor
shall
be
enforced
in
the
manner
Provisional
Remedies;
Pendente
Lite
(1999).............................................................................................
32
Default
(2000)
........................................................................................................................................................
1997
Rules
of
Civil
Procedure.)
of
Manila
has
no
jurisdiction
because
the
Why?
(2%)
his
complaint
for
partition
against
was118
uncertain
which
of
them
was
entitled
different
causes
of
action
because
the
January
course
of21,
the
2003
trial,
B
died.
fifteen
However,
(15)
days
Xin .........................................................................................
case
was
dismissed
after
the
trial
3
Appeal
under
Rule
41.
Information;
Motion
toor
Quash
(2005)......................................................................................................................
46
Remedy;
Lost
Documents;
Secondary
Evidence
(1992)
60
broker
or
salesman
(Manila
Bankers
Life
are:
Yes,
C
can
file
a
third-party
complaint
SUGGESTED
ANSWER:
No.
139791,
December
12,
2003;
Kakilala
v.
b)
The
motion
should
be
under
oath.
Legal
interest
in
the
matter
a
failure
to
comply
with
the
order
for
his
it
is
the
fruit
of
a
poisonous
tree?
Explain.
Decide
with
reason.
(3%)
opposition
to
the
probate
of
the
will
on
was
declared
the
winning
bidder
with
a
P190,000.00
to
set
aside
falls
the
within
order
the
of
jurisdiction
default
on
becomes
final
and
executory:
jurisdiction
of
the
MTC
of
Manila,
the
477,
June
30,
possession.
law
which
creates,
defines
and
regulates
Court
is
that
in
the
former,
lawyers
are
NOTE:
To
standardize
the
appeal
periods
Provisional
Remedies;
Support
Pendente
Lite
(2001).............................................................................................
32
certiorari
as
a
mode
of
appeal
may
be
of
Carlos.
(Quebral
v.
Court
of
Appeals,
252
especially
provided
in
the
Rules
for
18
Default
(2001)
........................................................................................................................................................
action
for
the
annulment
of
the
and
in
RTC
of(2003)
Pasay
City.
(5%)
3Marvin
ADMISSION
BY
ADVERSE
PARTY.
At2004;
any
to 2the
goods.
After
due
proceedings,
evidence
required
to
prove
them
are
not
failed
to
Assuming
notify
the
that
court
an
of
order
B's
death.
forSCRA
production
The
after
notice
of
decision
on
January
6,
found
that
EE
Industries
is
not
aa..............................................................................................
Information;
Motion
toTanjuatco
Quash;
Grounds
(1998)
......................................................................................................
Testimony;
Independent
Relevant
Statement
(1999)
60
Judicial
Autonomy
&the
Impartiality
Faraon,
Since
the
G.R.
rights
No.
143233,
of
the
October
accused
18,
are
not
against
D
because
the
loan
of
100,000.00
(Id.)
controversy;
or
Actions;
Counterclaim
(2002)
inclusion
without
justifiable
cause
to
(Makati
Dev
Corp.
v.
27
the
ground
that
the
total
amount
included
bid
of
P6
billion
and
was
issued
a
Notice
of
the
Metropolitan
Trial
Courts
in
Metro
the
grounds
of
fraud,
accident,
action
filed
by
Aappearing
for
Specific
Performance
1
Petition
for
Relief
under
Rule
SCRA
1996)
SUGGESTED
ANSWER:
Provisional
Remedies;
TRO
(2001)
........................................................................................................................
32
rights
concerning
liberty,
or
property,
1.
The
first
isissues
a claims
special
civil
action
prohibited
from
for
the
parties.
provided
18
Default;
in
Order
the
oflife,
Rules
Default;
Effects
and
(1999)
to
afford
................................................................................................................
distinguished
as follows:
prosecuting
against
the
extrajudicial
foreclosure
is not
capable
of
judgment
was
rendered
by
the
court
time
after
have
been
joined,
the
same.
[Pagsisihan
v.
Court
of
Appeals,
46353,
Judgment;
Promulgation
of
Judgment
(1997)
........................................................................................................
Sec.
1,
P.D.
1344).
Witness;
Competency
of
the
Witness
vs.
Credibility
ofthe
the Witness
(2004).............................................................
60
2003.
court
proceeded
and
inspection
to
hear
was
the
issued
case
and
but
registered
corporation
and
therefore
has
violated
because
the
compulsory
testing
Default;
Order
of
Default;
Effects
(1999)
was
taken
out
of
the
P200,000
received
401)
waiver
offair
the
claim
against
such
party.
2
Legal
interest
in
the
success
of
either
in
the
relief
of
the the
petition
is
more
than
of
Award.
But
COMELEC
Chairman
Gener
Manila.
mistake
or
excusable
negligence
and
(Sec.
1,
Rule
26,
1997
Rules
of
Civil
against
B
to
compel
latter
to
execute
a
Provisional
Remedies;
TRO
(2006)
........................................................................................................................
33
38;
18
Default;
Remedies;
Party
Declared
in
Default
(1998)
..............................................................................................
or
the
powers
of
agencies
or
under
Rule
65
of
the
Rules
of
Court,
Parties
must
appear
in
person
only
except
litigants
opportunity
to
appeal
their
estate
of
a
deceased
person.
95
SCRA
540
pecuniary
estimation
and
is
therefore
a
party
may
file
and
serve
upon
any
declaring
46 plaintiff
Jurisdiction;
that
Xfailed
Complex
Corporation
(2003)
was
.....................................................................................................................
entitled
Witness;
Examination
of
aCrimes
Child
Witness;
via
Live-Link
TV (2005)
.........................................................................
60
rendered
judgment
against
B.
After
the
to
comply
with
it,
how
no
legal
capacity
to
sue.
However,
it
set
a
is
authorized
by
the
from
Bthe
and
hence
loan
seeks
The
court
may
proceed
with
the
action
ofConveyance
the
parties;
or said
P100,000.00,
the
maximum
jurisdictional
Go Procedure.)
to
the
the
ground
that
he
has
adeems
meritorious
Deed
of
of
parcel
of
land
19
instrumentalities
for
the
of the while
second
isthe
an
appeal
minors
or
incompetents
who
may
be
cases,
the
Court
itadministration
practical
to
2
Annulment
of
Judgment
under
Version
1997-2006
Updated
Dondee
47
2objected
Yes,
my
answer
isbyon
therequest
same.
An
Witness;
Examination
of
Witnesses
............................................................................................................
60
to the
goods.
The
decision
became
other
party
aaward
written
for
Judgment
should
became
the
defendant
final,
a(1997)
plead
writ
to
of
date
for
the
reception
of
evidence
onfinal
A's
but
the
judgment
rendered
shall
be
amount
for
municipal
circuit
trialare
courts.
that
under
the
Appropriations
Act,
the
was
not
capable
of
pecuniary
public
assisted
by
their
next
of
kin
who
not
Rule
47;
and
action
to recover
reallatter
property
in
the
admission
by the
of the
and executory.
execution
alleged
execution
of
the
note?
(3%)
counterclaim.
EE
Industries
opposed
on
without
The court
overruled
and
budgetgenuineness
for event
the COMELEC's
modernization
lawyers
. (Formerly
Sec.
9,the opposition
any
survives
the
death ofand
the
of any
material
the ground
that the
counterclaim
could no
proceeded to hear the case.
is only relevant
P1
defendant.
(Sec. 1, or
Rule
document
of 87,
the Rules
truth
longer be prosecuted in view of the
Court).
However,
a favorable
of any
material
and relevant
matter
dismissal of the main
judgment
may be enforced
of
fact.

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