2007-2013 REMEDIAL Law Philippine Bar Examination Questions and Suggested

Answers (JayArhSals)
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A Compilation of REMEDIAL Law Philippine Bar Examination Questions and Suggested Answers from
2007-2013 both Essay Type and Multiple Choice...
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Remedial Law Q&As (2007-2013)
hectorchristopher@yahoo.com JayArhSals
Never Let The Odds Keep You From Pursuing What You Know In Your Heart
You Were Meant To Do.
-Leroy Satchel Paige
Page 21 of 198
the mode by which the Court exercisesits expanded jurisdiction, allowing it totake
corrective action through theexercise of its judicial power.Constitutional certiorari
jurisdictionapplies even if the decision was notrendered by a judicial or quasijudicialbody, hence, it is broader than the writof certiorari under Rule 65, which
islimited to cases involving a grave abuseof discretion amounting to lack orexcess
of jurisdiction on the part of anybranch or instrumentality of thegovernment and
there is no other claimspeedy remedy available to a party in theordinary course
of law.Demurrer to Evidence (2009)
No.XVI.A. After the prosecution had restedand made its formal offer of evidence, withthe court
admitting all of the prosecutionevidence, the accused filed a demurer toevidence with leave
of court. theprosecution was allowed to commentthereon. Thereafter, the court granted
thedemurer, finding that the accused could nothave committed the offense charged. If
theprosecution files a motion forreconsideration on the ground that thecourt order granting the
demurer was notin accord with law and jurisprudence, willthe motion prosper?
SUGGESTED ANSWER:
NO, the motion will not prosper. Withthe granting of the demurrer, the caseshall
be dismissed and the legal effect isthe acquittal of the accused. A judgmentof
acquittal is immediately executor andno appeal can be made therefrom.Otherwise
the Constitutional protectionagainst double jeopardy would beviolated.Demurrer
to Evidence; Civil Case vs.Criminal Case (2007)
No.V. (a) Distinguish the effects of the filingof a demurrer to the evidence in a criminalcase
and its filing in a civil case. (5%)
SUGGESTED ANSWER:The following are the distinctions ineffects of demurrer to
the evidence incriminal cases from that in civil cases:(1) In criminal cases,
demurrer to theevidence requires leave of court,otherwise, the accused would
lose hisright to present defense evidence if filedand denied; in civil cases, no
leave ofcourt is required for filing suchdemurrer.(2) In criminal cases, when
suchdemurrer is granted, the dismissal of thecase is not appealable inasmuch as
the

Remedial Law Q&As (2007-2013)

hectorchristopher@yahoo.com JayArhSals
Never Let The Odds Keep You From Pursuing What You Know In Your Heart
You Were Meant To Do.
-Leroy Satchel Paige
Page 22 of 198
dismissal would amount to an acquittal,unless made by a court acting without
orin excess of jurisdiction; in civil cases,when such demurrer is granted,
thedismissal of the case can be appealed bythe plaintiff.(3) In criminal cases, the
accused loseshis right to present his defense-evidencein the trial court when he
filed thedemurrer without prior leave of court;while in civil cases, the defendant
loseshis right to present his defense-evidenceonly if the plaintiff appealed
suchdismissal and the case is before theappellate court already since the
casewould be decide only on the basis of
plaintiffs evidence on record.
Discovery; Modes of Discovery; Refusalto Comply (2010)
No.II. On August 13, 2008, A, as shipperand consignee, loaded on the M/VAtlantis in
Legaspi City 100,000 pieces ofcentury eggs. The shipment arrived inManila totally damaged
on August 14,2008. A filed before the Metropolitan TrialCourt (MeTC) of Manila a complaint
againstB Super Lines, Inc. (B Lines), owner ofthe M/V Atlantis, for recovery of
damagesamounting to P167,899. He attached to thecomplaint the Bill of Lading.(c) On July 21,
2009, B Lines served on A a"Notice to Take Deposition," setting thedeposition on July 29, 2009
at 8:30 a.m. atthe office of its counsel in Makati. A failedto appear at the deposition-taking,
despitenotice. As counsel for B Lines, how would you proceed? (3%)
SUGGESTED ANSWER:As counsel for B lines (which gave noticeto take the
deposition), I shall proceedas follows:(a) Find out why A failed to appear at
thedeposition taking, despite notice;(b) If failure was for valid reason, thenset
another date for taking thedeposition.(c) If failure to appear at depositiontaking
was without valid reason, then Iwould file a motion/application in thecourt where
the action is pending, forand order to show cause for his refusalto submit to the
discovery; and(d) For the court to issue appropriateOrder provided under Rule 29
of theRules, for noncompliance with the show-cause order, aside from contempt
ofcourt.

Remedial Law Q&As (2007-2013)

hectorchristopher@yahoo.com JayArhSals
Never Let The Odds Keep You From Pursuing What You Know In Your Heart
You Were Meant To Do.
-Leroy Satchel Paige
Page 23 of 198
Discovery; Production and Inspection(2009)
No.XIII.A. Continental ChemicalCorporation (CCC) filed a complaint for asum of money
against Barstow Trading
Corporation (BTC) for the latters failure to
pay for its purchases of industrialchemicals. In its answer, BTC contendedthat it refused to
pay because CCCmisrepresented that the products it soldbelonged to a new line, when in
fact theywere
identical with CCCs existing products.
To substantiate its defense, BTC filed amotion to compel CCC to give a detailed list
of the products ingredients and chemical
components, relying on the right to avail ofthe modes of discovery allowed under Rule27. CCC
objected, invoking confidentialityof the information sought by BTC. Resolve
BTCs motion with reasons. (3%)
SUGGESTED ANSWER:I will deny the motion. The ingredients
and chemical components of CCCs
products are trade secrets within thecontemplation of the law. Trade secretsmay
not be the subject of compulsorydisclosure by reason of their confidentialand
privileged character. Otherwise, CCCwould eventually be exposed tounwarranted
business competition withothers who may imitate and market thesame kinds of
products in violation of
CCCs proprietary rights. Being
privileged, the detailed list ofingredients and chemical componentsmay not be
the subject of mode ofdiscovery under Rule 27, Section 1which expressly makes
privilegedinformation an exception from itscoverage (Air Philippines Corporation
vs.Pennswell, Inc., 540 SCRA 215 [2007]).Forum Shopping; Certification (2009)
No.III. Amorsolo, a Filipino citizenpermanently residing in New York City, filedwith the RTC of
Lipa City a complaint forRescission of Contract of Sale of Landagainst Brigido, a resident of
Barangay SanMiguel, Sto. Tomas, Batangas. The subjectproperty, located in Barangay
Talisay, LipaCity, has an assessed value of 19,700.
Appended to the complaint is Amorsolos
verification and certification of non-forumshopping executed in New York City, dulynotarized
by Mr. Joseph Brown, Esq., anotary public in the State of New York.Brigod filed a motion to
dismiss thecomplaint on the following grounds:(c) The verification and certification of nonforum shopping are fatally defectivebecause there is no accompanyingcertification issued by
the PhilippineConsulate in New York, authenticating thatMr. Brown is duly authorized to
notarize

Remedial Law Q&As (20072013)

hectorchristopher@yahoo.com
JayArhSals
Never Let The Odds Keep
You From Pursuing What You
Know In Your Heart You Were
Meant To Do.
-Leroy Satchel Paige

Page 196 of 198

(A)
No, since the
suretys
undertaking is not
annual butlasts up to
judgment.

(B) Yes, since surety

companieswould fold

up otherwise.(C) No,
since the surety
companytechnically
takes the place of
theaccused with
respect to
courtattendance.(D)
Yes, since the accused
hasbreached its
agreement with
thesurety company.
(96) To prove that
Susan stabbed

herhusband Elmer,
Rico testified that
he heardLeon running
down the street,
shoutingexcitedly,
"Sinasaksak daw ni
Susan angasawa niya!
(I heard that Susan is
stabbingher
husband!)" Is Leon's
statement asnarrated
by Rico admissible?(A)
No, since the startling

event hadpassed.(B)
Yes, as part of the res
gestae.
(C) No, since the exci
ted
statement is itself
hearsay.

(D) Yes, as an
independentlyrelevant
statement.(97) Which
of the following NOT
TRUEregarding the

doctrine of
judicial hierarchy?
(A) It derives from a
specific
andmandatory
provision
ofsubstantive law.

(B) The Supreme

Court maydisregard
the doctrine in cases
ofnational interest and
matters ofserious
implications.(C) A
higher court will not

entertaindirect
recourse to it if
redress
can beobtained in
the appropriate
courts.(D) The reason
for it is the need
forhigher courts to
devote more time
tomatters within their
exclusive jurisdiction.
(98) Plaintiff Manny
said in his

complaint:"3. On
March 1, 2001
defendant
Lettyborrowed P1
million from plaintiff
Mannyand made a
promise to pay the
loan withinsix
months." In her
answer, Letty
alleged:"Defendant
Letty specifically
denies theallegations

in paragraph 3 of the
complaintthat she
borrowed P1 million
from plaintiffManny on
March 1, 2001 and
made apromise to pay
the loan within six
months."
Is Lettys denial suffici

ent?(A) Yes, since it

constitutes
specificdenial of the
loan.(B) Yes, since it

constitutes
positivedenial of the
existence of the loan.

Remedial Law Q&As (20072013)

hectorchristopher@yahoo.com
JayArhSals
Never Let The Odds Keep
You From Pursuing What You
Know In Your Heart You Were
Meant To Do.
-Leroy Satchel Paige

Page 197 of 198

(C) No, since it
fails to set forththe
matters defendant
relied uponin support
of her denial.

(D) No, since she fails

to set out inpar. 2 of
her answer her special
andaffirmative
defenses.(99) When
may an information be
filed incourt without
the preliminary
investigationrequired
in the particular case
being firstconducted?
(A) Following an
inquest, in cases

of those lawfully
arrested without
a warrant.

(B) When the accused,

while undercustodial
investigation, informs
thearresting officers
that he is waivinghis
right to
preliminaryinvestigati
on.(C) When the
accused fails
tochallenge the

validity of
thewarrantless arrest
at hisarraignment.(D)
When the arresting
officers takethe
suspect before the
judge whoissues a
detention order
againsthim.(100) In a
civil action involving
threeseparate causes
of action, the
courtrendered

summary judgment on
the firsttwo causes of
action and tried the
third.After the period
to appeal from
thesummary judgment
expired, the
courtissued a writ of
execution to enforce
thesame. Is the writ of
execution proper?
(A) No, being partial,
the summary

judgment is
interlocutory and any
appeal from it still
has to reckon
with the final
judgment.

(B) Yes since,

assuming
the judgment was not
appealable, thedefend
ant should have
questioned itby
special civil action

of certiorari.(C) No,
since the rules do not
allow apartial
summary judgment.
(D) No, since special
reason isrequired for
execution
pendingrendition of a
final decision in
thecase.

Remedial Law Q&As (20072013)

hectorchristopher@yahoo.com
JayArhSals
Never Let The Odds Keep
You From Pursuing What You
Know In Your Heart You Were
Meant To Do.
-Leroy Satchel Paige

Page 198 of 198

References:

Answers to Bar
ExaminationQuestion
s by the UP LAW

COMPLEX(2007,
2009, 2010)

PHILIPPINE
ASSOCIATION OF
LAWSCHOOLS (2008)

la