BAR QUESTIONS-QUIZ

MARCH 4 CIV PRO

1986-Q1

2008-Q12

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2012-Q3
A narrative testimony is usually objected to but the court may allow such testimony if:

a) It would expedite trial and give the court a clearer understanding of the matters
related;
b) The witness is of advanced age;
c) The testimony relates to family genealogy;
d) The witness volunteers information not sought by the examiner.

SUGGESTED ANSWER:

a) It would expedite trial and give the court a clearer understanding of the matters
related; There is no legal principle which prevents a witness from giving his testimony
in a narrative form if he is requested to do so by counsel. A witness may be allowed
to testify by narration if it would be the best way of getting at what he knew or could
state concerning the matter at issue. It would expedite the trial and would perhaps
furnish the court a clearer understanding of the matters related as they occurred.
(People vs. Calixto, G.R. No. 92355, January 24, 1991).

ALTERNATIVE ANSWER:

b) b) The witness is of advanced age; The Rules allow persons of tender age to testify
in a narrative form because they cannot cope with the technicalities of examination of
witnesses. The same rule should be applied to witnesses of advanced age.

2013-Q6
While leisurely walking along the street near her house in Marikina, Patty
unknowingly stepped on a garden tool left behind by CCC, a construction company based in
Makati. She lost her balance as a consequence and fell into an open manhole. Fortunately,
Patty suffered no major injuries except for contusions, bruises and scratches that did not
require any hospitalization. However, she lost selfesteem, suffered embarrassment and
ridicule, and had bouts of anxiety and bad dreams about the accident. She wants vindication
for her uncalled for experience and hires you to act as counsel for her and to do whatever is
necessary to recover at least Php100,000 for what she suffered. What action or actions may
Patty pursue, against whom, where (court and venue), and under what legal basis? (7%)

SUGGESTED ANSWER:

Patty may avail any of the following remedies:

a) She may file a complaint for damages arising from fault or negligence under the
Rules on Small Claims against CCC Company before the MTC of Marikina City where she
resides or Makati City where the defendant corporation is holding office, at her option. (AM
No. 8-8-7-SC in relation to Section 2, Rule 4, Rules of Court).

b) She may also file an action to recover moral damages based on quasi-delict under
Article 2176 of the New Civil Code. The law states that, whoever by act or omission causes
damage to another, there being fault or negligence is obliged to pay for the damage done.
Such fault or negligence, if there is no pre-existing contractual relation between the parties,

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is called a quasidelict. Under Article 2217 of the New Civil Code, moral damages include
physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary
computation, moral damages may be recovered if they are the proximate result of the
defendant's wrongful act for omission. Since moral damages are incapable of pecuniary
estimation, Patty should file the action before the Regional Trial Court of Marikina City where
she resides or Makati City, where the defendant corporation is holding office, at her option
(Section 19(1), B.P. 129).

c) Patty can also file a civil action for damages against the City of Marikina for
maintaining an open manhole where she unfortunately fell. Under Article 2189 of the Civil
Code, provinces, cities and municipalities shall be liable for damages for the death of, or
injuries suffered by, any person by reason of the defective condition of roads, streets,
bridges, public buildings, and other public works under their control or supervision. The
proper court having jurisdiction over the case is the Metropolitan Trial Court of Marikina City
because the claim is at least Php 100,000 for as long as the aggregate of the claims for
damages does not exceed Php 400,000.

2008-Q1

2012-Q20
An accused may move for the suspension of his arraignment if:

a. a motion for reconsideration is pending before the investigating prosecutor.

b. accused is bonded and his bondsman failed to notify him of his scheduled
arraignment.

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 c. a prejudicial question exists.
d. there is no available public attorney.

SUGGESTED ANSWER:

c) A prejudicial question exists.

Under Section 11, Rule 16 of the Rules of Criminal Procedure, upon motion of the
proper party, the arraignment shall be suspended in the following cases: (a) The accused
appears to be suffering from an unsound mental condition which effectively renders him
unable to fully understand the charge against him and to plead intelligently thereto. In such
case, the court shall order his mental examination and, if necessary, his confinement for
such purpose; (b) There exists a prejudicial question; and (c) A petition for review of the
resolution of the prosecutor is pending at either the Department of Justice, or the Office of
the President; provided that the period of suspension shall not exceed sixty (60) days
counted from the filing of the petition with the reviewing office. (Rule 116, Sec. 11, Rules of
Court).

2012-Q98
When directed by the judge, a clerk of court can receive evidence addressed by the parties
in:

a) Case where the judge is on leave.

b) Small claims proceedings.
c) Cases where the parties agree in writing.
d) Land registration proceedings.

SUGGESTED ANSWER:

c) Cases where the parties agree in writing.

The Rules provide that the judge of the court where the case is pending shall personally
receive the evidence to be adduced by the parties. However, in default or ex parte hearings,
and in any case where the parties agree in writing, the court may delegate the reception of
evidence to its clerk of court who is a member of the bar. (Rule 30, Sec. 9, Rules of Court).

2016-Q3
What are the contents of a judicial affidavit? (5%)

SUGGESTED ANSWER:

Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the

language known to the witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino, and shall contain the following:

(a) The name, age, residence or business address, and occupation of the witness;

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 (b) The name and address of the lawyer who conducts or supervises the examination
of the witness and the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability for false
testimony or perjury;

(d) Questions asked of the witness and his corresponding answers, consecutively
numbered, that:

(1) Show the circumstances under which the witness acquired the facts upon
which he testifies;

(2) Elicit from him those facts which are relevant to the issues that the case
presents; and

(3) Identify the attached documentary and object evidence and establish their
authenticity in accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or an
officer who is authorized by law to administer the same.

2015-Q4

2017-Q1
What trial court outside Metro Manila has exclusive original jurisdiction over the following
cases? Explain briefly your answers.
(a) An action filed on November 13, 2017 to recover the possession of an apartment
unit being occupied by the defendant by mere tolerance of the plaintiff, after the former
ignored the last demand to vacate that was duly served upon and received by him on July
6,2016.
(b) A complaint in which the principal relief sought is the enforcement of a seller's
contractual right to repurchase a lot with an assessed value of P15,000.00.

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SUGGESTED ANSWER:
(a) It would be either the MTC or the RTC depending upon the assessed value of the
apartment unit.
Under B.P. Blg. 129, jurisdiction over real actions is vested in the MTC if the assessed
value of the real property involved does not exceed P20,000 and in the RTC if such
assessed value exceeds P20,000. The action to recover possession can no longer be
one for unlawful detainer since it was brought beyond one year from the last demand to
vacate.
(b)Exclusive original jurisdiction is vested in the MTC.

The Supreme Court has held that where the ultimate relief sought by an action is the
assertion of title to real property, the action is a real one and not one incapable of pecuniary
estimation. [Brgy. Piapi v. Talip, 7 Sep 2005]
Here the ultimate relief sought by the complaint is the assertion of title since the seller
seeks to exercise his right to repurchase. Hence the action is a real one and jurisdiction is
vested in the MTC since the assessed value does not exceed P20,000.
Alternative Answer:
(b) Exclusive original jurisdiction is vested in the Regional Trial Court.
The Supreme Court has held that an action to enforce the right of redemption is one which is
incapable of pecuniary estimation and thus within the exclusive original jurisdiction of the
RTC pursuant to B.P. Blg. 129. [Heirs of Bautista v. Lindo, 10 March 2014]

1999-Q2b

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Maam Amacna=

1983-Q1

7
2013-Q1

2003-Q11

8
1991-Q5

2017-Q7

9
2016-Q8

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