Bar Questions 2007

Today is Monday, October 02, 2017

BAR EXAMINATION 2007

REMEDIAL LAW
23 September 2007 8 A.M. - 12 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!!!

Signed ADOLFO S. AZCUNA

Chairperson
2007 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

REMEDIAL LAW

-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 pleading. (2%)

d. A counterclaim is pleading. (2%)

- III -
(Total 10%)

1. What is the hearsay rule? (5%)

2. 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;

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Bar Questions 2007

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 filling of a demurrer to the evidence in a criminal case and its filing in a civil
case. (5%)

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 there in made by B's husband as the informant. The RTC sets the case for hearing and directs the
publications 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%)

b. G files a complaint for recovery of possession and damage 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 the notice to the
City Jail 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
counter claim for actual damages and litigation expenses. RC filed a motion to dismiss the counterclaim on

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Bar Questions 2007

the ground the 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? Explain briefly.
(5%)

NOTHING FOLLOWS.
The Lawphil Project - Arellano Law Foundation

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