BAR EXAMINATIONS 2007

REMEDIAL LAW

23 September 2007 8:00 A.M. – 12:00 Noon

INSTRUCTIONS
This questionnaire consists of ten (10) numbers
contained in six (6) pages. Read each question
very carefully. Answer legibly, clearly, and
concisely. Start each number on a separate
page; an answer to a sub-question under the
same number may be written continuously on the
same page and immediately succeeding pages
until completed. Do not repeat the question. A
mere “Yes” or “No” answer without any
corresponding discussion will not be given any
credit.

HAND IN YOUR NOTEBOOK WITH THIS

QUESTIONNAIRE.

GOOD LUCK!!!

ADOLFO S. AZCUNA
CHAIRPERSON
2007 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET.

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

REMEDIAL LAW Page 1 of 6

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I.
(Total 10%)

(a) What are the rules on the recognition and enforcement

of foreign judgments in our courts? (6%)

(b) Can a foreign arbitral award be enforced in the

Philippines under those rules? Explain briefly. (2%)

(c) How about a global injunction issued by a foreign court

to prevent dissipation of funds against a defendant
therein who has assets in the Philippines? Explain
briefly. (2%)

II.
(Total 10%)

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

answer briefly.

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

(b) A defendant who has been declared in default can avail

of a petition for relief from the judgment subsequently
rendered in the case. (3%)

(c) A motion is a pleading. (2%)

(d) A counterclaim is a pleading. (2%)

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III.
(Total 10%)

(a) What is the hearsay rule? (5%)

(b) In relation to the hearsay rule, what do the following

rules of evidence have in common? (5%)

(1) The rule on statements that are part of the res

gestae;

(2) The rule on dying declarations;

(3) The rule on admissions against interest.

IV.
(10%)

Husband H files a petition for declaration of nullity of

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

V.
(Total 10%)

(a) Distinguish the effects of the filing of a demurrer to the

evidence in a criminal case and its filing in a civil case.
(5%)
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(b) What is reverse trial and when may it be resorted to?

Explain briefly. (5%)

VI.
(Total 10%)

(a) On his way home, a member of the Caloocan City

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

(b) In the course of serving a search warrant, the police

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

VII.
(Total 10%)

(a) B files a petition for cancellation of the birth certificate of

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

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

VIII.
(Total 10%)

(a) X files an unlawful detainer case against Y before the

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

(b) The heirs of H agree among themselves that they will

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

IX.
(10%)

L was charged with illegal possession of shabu before

the RTC. Although bail was allowable under his indictment,
he could not afford to post bail, and so he remained in
detention at the City Jail. For various reasons ranging from
the promotion of the Presiding Judge, to the absence of the
trial prosecutor, and to the lack of notice to the City Jail
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Warden, the arraignment of L was postponed nineteen times

over a period of two years. Twice during that period, L’s
counsel filed motions to dismiss, invoking the right of the
accused to a speedy trial. Both motions were denied by the
RTC. Can L file a petition for mandamus? Reason briefly.

X.
(Total 10%)

(a) RC filed a complaint for annulment of the foreclosure

sale against Bank V. In its answer, Bank V set up a
counterclaim for actual damages and litigation
expenses. RC filed a motion to dismiss the
counterclaim on the ground that Bank V’s Answer with
Counterclaim was not accompanied by a certification
against forum shopping. Rule. (5%)

(b) A files a case against B. While awaiting decision on

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

NOTHING FOLLOWS.