BAR EXAMINATIONS REMEDIAL LAW 2014-2017

2017 BAR EXAMINATIONS
REMEDIAL LAW
November 26, 2017 8:00 A.M. – 12:00 N.N.
INSTRUCTIONS

1. This Questionnaire contains ten (10) pages. Check and make sure that your Questionnaire has the correct number of pages. You may write on your Questionnaire as you answer the questions.

Read each question very carefully and write your answers in your Bar Examination Notebook in the same order of the questions. Answer the essay questions legibly, clearly, and concisely. Write your answers only on the front. of every page of your Notebook. If the front pages are not sufficient, continue at the back of the first page and so on. Start every number on a separate page, but an answer to a sub-question under the same number may be written continuously on the same page and on the immediately succeeding pages until the answer is complete. Follow the numbering sequence of the Questionnaire in your answers.

2. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and jurisprudence, and arrive at sound and logical conclusions. Answers must fully explain even if the questions do not expressly require explanations. A “Yes” or “No” answer sans explanation or discussion will not be given full credit.

3. Marking of your Notebook with your name or other identifying signs or symbols extraneous to the subject matter of the questions may be considered as cheating and may disqualify you.

Good luck!

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE LUCAS P. BERSAMIN
Chairman
2017 Bar Examinations

I.

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. (2.5%)

(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 ₱15,000.00. (2.5%)

II.

Santa filed against Era in the RTC of Quezon City an action for specific performance praying for the delivery of a parcel of land subject of their contract of sale. Unknown to the parties, the case was inadvertently raffled to an RTC designated as a special commercial court. Later, the RTC rendered judgment adverse to Era, who, upon realizing that the trial court was not a regular RTC, approaches you and wants you to file a petition to have the judgment annulled for lack of jurisdiction.

What advice would you give to Era? Explain your answer. (4%)

III.

Answer the following briefly:

(a) What elements should concur for circumstantial evidence to be sufficient for conviction? (2%)

(b) When is bail a matter of judicial discretion? (2%)

(c) Give at least two instances when a peace officer or a private person may make a valid warrantless arrest. (2%)

(d) What is a tender of excluded evidence? (2%)

IV.

Give brief answers to the following:

(a) What is the doctrine of hierarchy of courts? (2%)

(b) What is the Harmless Error Rule in relation to appeals? (2%)

(c) When does a public prosecutor conduct an inquest instead of a preliminary investigation? (2%)

V.

After working for 25 years in the Middle East, Evan returned to the Philippines to retire in Manila, the place of his birth and childhood. Ten years before his retirement, he bought for cash in his name a house and lot in Malate, Manila. Six months after his return, he learned that his house and lot were the subject of foreclosure proceedings commenced by ABC Bank on the basis of a promissory note and a deed of real estate mortgage he had allegedly executed in favor of ABC Bank five years earlier.

Knowing that he was not in the country at the time the promissory note and deed of mortgage were supposedly executed, Evan forthwith initiated a complaint in the RTC of Manila praying that the subject documents be declared null and void.

ABC Bank filed a motion to dismiss Evan’s complaint on the ground of improper venue on the basis of a stipulation in both documents designating Quezon City as the exclusive venue in the event of litigation between the parties arising out of the loan and mortgage.

Should the motion to dismiss of ABC Bank be granted? Explain your answer. (5%)

VI.

Hanna, a resident of Manila, filed a complaint for the partition of a large tract of land located in Oriental Mindoro. She impleaded her two brothers John and Adrian as defendants but did not implead Leica and Agatha, her two sisters who were permanent residents of Australia.

Arguing that there could be no final determination of the case without impleading all indispensable parties, John and Adrian moved to dismiss the complaint.

Does the trial court have a reason to deny the motion? Explain your answer. (4%)

VII.

Elise obtained a loan of ₱3 Million from Merchant Bank. Aside from executing a promissory note in favor of Merchant Bank, she executed a deed of real estate mortgage over her house and lot as security for her obligation. The loan fell due but remained unpaid; hence, Merchant Bank filed an action against Elise to foreclose the real estate mortgage. A month after, and while the foreclosure suit was pending, Merchant Bank also filed an action to recover the principal sum of ₱3 Million against Elise based on the same promissory note previously executed by the latter.

In opposing the motion of Elise to dismiss the second action on the ground of splitting of a single cause of action, Merchant Bank argued that the ground relied upon by Elise was devoid of any legal basis considering that the two actions were based on separate contracts, namely, the contract of loan evidenced by the promissory note, and the deed of real estate mortgage.

Is there a splitting of a single cause of action? Explain your answer. (4%)

VIII.

A.

Laura was the lessee of an apartment unit owned by Louie. When the lease expired, Laura refused to vacate the property. Her refusal prompted Louie to file an action for unlawful detainer against Laura who failed to answer the complaint within the reglementary period.

Louie then filed a motion to declare Laura in default. Should the motion be granted? Explain your answer. (3%)

B.

Agatha filed a complaint against Yana in the RTC in Makati City to collect ₱350,000.00, an amount representing the unpaid balance on the price of the car Yana had bought from Agatha. Realizing a jurisdictional error in filing the complaint in the RTC, Agatha filed a notice of dismissal before she was served with the answer of Yana. The RTC issued an order confirming the dismissal.

Three months later, Agatha filed another complaint against Yana based on the same cause of action this time in the MeTC of Makati City. However, for reasons personal to her, Agatha decided to have the complaint dismissed without prejudice by filing a notice of dismissal prior to the service of the answer of Yana. Hence, the case was dismissed by the MeTC.

A month later, Agatha refiled the complaint against Yana in the same MeTC.

May Yana successfully invoke the Two-Dismissal Rule to bar Agatha’s third complaint? Explain your answer. (3%)

IX.

Abraham filed a complaint for damages in the amount of ₱750,000.00 against Salvador in the RTC in Quezon City for the latter’s alleged breach of their contract of services. Salvador promptly filed his answer, and included a counterclaim for ₱250,000.00 arising from the allegedly baseless and malicious claims of Abraham that compelled him to litigate and to engage the services of counsel, and thus caused him to suffer mental anguish.

Noting that the amount of the counterclaim was below the exclusive original jurisdiction of the RTC, Abraham filed a motion to dismiss vis-8-vis the counterclaim on that ground.

Should the counterclaim of Salvador be dismissed? Explain your answer. (4%)

X.

On the basis of an alleged promissory note executed by Harold in favor of Ramon, the latter filed a complaint for ₱950,000.00 against the former in the RTC of Davao City. In an unverified answer, Harold specifically denied the genuineness of the promissory note. During the trial, Harold sought to offer the testimonies of the following: (1) the testimony of an NBI handwriting expert to prove the forgery of his signature; and (2) the testimony of a credible witness to prove that if ever Harold had executed the note in favor of Ramon, the same was not supported by a consideration.

May Ramon validly object to the proposed testimonies? Give a brief explanation of your answer. (5%)

XI.

A.

Teddy filed against Buboy an action for rescission of a contract for the sale of a commercial lot. After having been told by the wife of Buboy that her husband was out of town and would not be back until after a couple of days, the sheriff requested the wife to just receive the summons in behalf of her husband. The wife acceded to the request, received the summons and a copy of the complaint, and signed for the same.

(a) Was there a valid service of summons upon Buboy? Explain your answer briefly. (3%)

(b) If Buboy files a motion to dismiss the complaint based on the twin grounds of lack of jurisdiction over his person and prescription of the cause of action, may he be deemed to have voluntarily submitted himself to the jurisdiction of the court? Explain your answer briefly (3%).

B.

What is the mode of appeal applicable to the following cases, and what issues may be raised before the reviewing court/tribunal?

(a) The decision or final order of the National Labor Relations Commission. (1.5%)

(b) The judgment or final order of the RTC in the exercise of its appellate jurisdiction. (1.5%)

XII.

A.

Judgment was rendered against defendant Jaypee in an action for unlawful detainer. The judgment ordered Jaypee to vacate and to pay attorney’s fees in favor of Bart, the plaintiff.

To prevent the immediate execution of the judgment, would you advise the posting of a supersedeas bond as counsel for Jaypee? Explain your answer briefly? (2%).

B.

A temporary restraining order (TRO) was issued on September 20, 2017 by the RTC against defendant Jeff enjoining him from entering the land of Regan, the plaintiff.

On October 9, 2017, upon application of Regan, the trial court, allegedly in the interest of justice, extended the TRO for another 20 days based on the same ground for which the TRO was issued.

On October 15, 2017, Jeff entered the land subject of the TRO.

May Jeff be liable for contempt of court? Why? (4%)

XIII.

Police officers arrested Mr. Druggie in a buy-bust operation and confiscated from him 10 sachets of shabu and several marked genuine peso bills worth ₱5,000.00 used as the buy-bust money during the buy-bust operation.

At the trial of Mr. Druggie for violation of R.A. No. 9165 (Comprehensive Dangerous Drug Act of 2002), the Prosecution offered in evidence, among others, photocopies of the confiscated marked genuine peso bills. The photocopies were offered to prove that Mr. Druggie had engaged at the time of his arrest in the illegal selling of dangerous drugs.

Invoking the Best Evidence Rule, Atty. Maya Bang, the defense counsel, objected to the admissibility of the photocopies of the confiscated marked genuine peso bills.

Should the trial judge sustain the objection of the defense counsel? Briefly explain your answer (5%)

XIV.

Immediately before he died of gunshot wounds to his chest, Venancio told the attending physician, In a very feeble voice, that it was Arnulfo, his co-worker, who had shot him. Venancio added that it was also Arnulfo who had shot Vicente, the man whose cadaver was lying on the bed beside him.

In the prosecution of Arnulfo for the criminal killing of Venancio and Vicente, are all the statements of Venancio admissible as dying declarations? Explain your answer. (5%)

XV.

In an attempt to discredit and impeach a Prosecution witness in a homicide case, the defense counsel called to the stand a person who had been the boyhood friend and next-door neighbor of the Prosecution witness for 30 years. One question that the defense counsel asked of the impeaching witness was: “Can you tell this Honorable Court about the general reputation of the prosecution witness in your community for aggressiveness and violent tendencies?”

Would you, as the trial prosecutor, interpose your objection to the question of the defense counsel? Explain your answer. (4%)

XVI.

Engr. Magna Nakaw, the District Engineer of the DPWH in the Province of Walang Progreso, and Mr. Pork Chop, a private contractor, were both charged in the Office of the Ombudsman for violation of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019) under a conspiracy theory.

While the charges were undergoing investigation in the Office of the Ombudsman, Engr. Magna Nakaw passed away. Mr. Pork Chop immediately filed a motion to terminate the investigation and to dismiss the charges against him, arguing that because he was charged in conspiracy with the deceased, there was no longer a conspiracy to speak of and, consequently, any legal ground to hold him for trial had been extinguished.

Rule on the motion to terminate filed by Mr. Pork Chop, with brief reasons. (5%).

XVII.

Juancho entered a plea of guilty when he was arraigned under an information for homicide. To determine the penalty to be imposed, the trial court allowed Juancho to present evidence proving any mitigating circumstance in his favor. Juancho was able to establish complete self-defense.

Convinced by the evidence adduced by Juancho, the trial court rendered a verdict of acquittal.

May the Prosecution assail the acquittal without infringing the constitutional guarantee against double jeopardy in favor of Juancho? Explain your answer. (5%)

XVIII.

Tomas was criminally charged with serious physical injuries allegedly committed against Darvin. During the pendency of the criminal case, Darvin filed a separate civil action for damages based on the injuries he had sustained.

Tomas filed a motion to dismiss the separate civil action on the ground of litis pendentia, pointing out that when the criminal action was filed against him, the civil action to recover the civil liability from the offense charged was also deemed instituted. He insisted that the basis of the separate civil action was the very same act that gave rise to the criminal action.

Rule on Tomas’ motion to dismiss, with brief reasons. (5%)

XIX.

Boy Maton, a neighborhood tough guy, was arrested by a police officer on suspicion that he was keeping prohibited drugs in his clutch bag. When Boy Maton was searched immediately after the arrest, the officer found and recovered 10 sachets of shabu neatly tucked in the inner linings of the clutch bag. At the time of his arrest, Boy Maton was watching a basketball game being played in the town plaza, and he was cheering for his favorite team. He was subsequently charged with illegal possession of dangerous drugs, and he entered a plea of not guilty when he was arraigned.

During the trial, Boy Maton moved for the dismissal of the information on the ground that the facts revealed that he had been illegally arrested. He further moved for the suppression of the evidence confiscated from him as being the consequence of the illegal arrest, hence, the fruit of the poisonous tree.

The trial court, in denying the motions of Boy Maton, explained that at the time the motions were filed Boy Maton had already waived the right to raise the issue of the legality of the arrest. The trial court observed that, pursuant to the Rules of Court, Boy Maton, as the accused, should have assailed the validity of the arrest before entering his plea to the information. Hence, the trial court opined that any adverse consequence of the alleged illegal arrest had also been equally waived.

Comment on the ruling of the trial court. (5%)

-NOTHING FOLLOWS-

2016 BAR EXAMINATIONS
REMEDIAL LAW
November 27, 2016 8:00 A.M. – 12:00 P.M.
INSTRUCTIONS

1. This Questionnaire contains eight (8) pages. Check the number of pages and make sure it has the correct number of pages and their proper numbers.

All the items have to be answered within four (4) hours. Since there are twenty (20) questions, you have 12 minutes to answer each question. You may write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only on the front of every sheet in your Notebook. If not sufficient, then start with the back page of the first sheet and thereafter. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

2. Answer the Essay questions 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 the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the pertinent laws, rules, jurisprudence, and the facts.

A mere “Yes” or “No” answer without any corresponding explanation or discussion will not be given full credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. Do not re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous notels or distinctive marking/s on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner). Writing, leaving, or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE PRESBITERO J. VELASCO, JR.
Chairman
2016 Bar Examinations

I

State at least five (5) civil cases that fall under the exclusive original jurisdiction of the Regional Trial Courts (RTCs). (5%)

II

[a] Briefly explain the procedure on “Interrogatories to Parties” under Rule 25 and state the effect of failure to serve written interrogatories. (2.5%)

[b] Briefly explain the procedure on “Admission by Adverse Party” under Rule 26 and the effect of failure to file and serve the request. (2.5%)

III

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

IV

Eduardo, a resident of the City of Manila, filed before the Regional Trial Court (R TC) of Manila a complaint for the annulment of a Deed of Real Estate Mortgage he signed in favor of Galaxy Bank (Galaxy), and the consequent· foreclosure and auction sale of his mortgaged Makati property. Galaxy filed a Motion to Dismiss on the ground of improper venue alleging that the complaint should be filed with the RTC ofMakati since the complaint involves the ownership and possession of Eduardo’s lot. Resolve the motion with reasons. (5%)

V

[a] What is the “most important witness” rule pursuant to the 2004 Guidelines of Pretrial and Use of Deposition..;Discovery Measures? Explain. (2.5%)

[b] What is the “one day examination of witness” rule pursuant to the said 2004 Guidelines? Explain. (2.5%)

VI

Pedro and Juan are residents of Barangay Ifurug, Municipality of Dupac, Mountain Province. Pedro owes Juan the amount of P50,000.00. Due to nonpayment, Juan brought his complaint to the Council of Elders of said barangay which implements the bodong justice system. Both appeared before the council where they verbally agreed that Pedro will pay in installments on specific due dates. Pedro reneged on his promise. Juan filed a complaint for sum of money before the Municipal Trial Court (MTC). Pedro filed a Motion to Dismiss on the ground that the case did not pass through the barangay conciliation under R.A. No. 7160 and that the RTC, not the MTC, has jurisdiction. In his opposition, Juan argued that the intervention of the Council of Elders is substantial compliance with the requirement ofR.A. No. 7160 and the claim of P50,000.00 is clearly within the jurisdiction of the MTC. As MTC judge, rule on the motion and explain. (5%)

VII

Spouses Marlon and Edith have three (3) children ages 15, 12 and 7, who are studying at public schools. They have a combined gross monthly income of P30,000.00 and they stay in an apartment in Manila with a monthly rent of PS,000.00. The monthly minimum wage per employee in Metro Manila does not exceed P13,000.00. They do not own any real property. The spouses want to collect a loan of P25,000.00 from Jojo but do not have the money to pay the filing fees.

[a] Would the spouses qualify as indigent litigants under Section 19, Rule 141 on Legal Fees? (2.5%)

[b] If the spouses do not qualify under Rule 141, what other remedy can they avail of under the rules to exempt them from paying the filing fees? (2.5%)

VIII

Juan sued Roberto for specific performance. Roberto knew that Juan was going to file the case so he went out of town and temporarily stayed in another city to avoid service of summons. Juan engaged the services of Sheriff Matinik to serve the summons but when the latter went to the residence of Roberto, he was told by the caretaker thereof that his employer no longer resides at the house. The caretaker is a high school graduate and is the godson of Roberto. Believing the caretaker’s story to be true, Sheriff Matinik left a copy of the summons and complaint with the caretaker. Was there a valid substituted service of summons? Discuss the requirements for a valid service of summons. (5%)

IX

[a] Is the buyer in the auction sale arising from an extra-judicial foreclosure entitled to a writ of possession even before the expiration of the redemption period? If so, what is the action to be taken? (1 %)

[b] After the period of redemption has lapsed and the title to the lot is consolidated in the name of the auction buyer, is he entitled to the writ of possession as a matter of right? If so, what is the action to be taken? (2%)

[c] Suppose that after the title to the lot has been consolidated in the name of the auction buyer, said buyer sold the lot to a third party without first getting a writ of possession. Can the transferee exercise the right of the auction buyer and claim that it is a ministerial duty of the court to issue a writ of possession in his favor? Briefly explain. (2%)

X

Hannibal, Donna, Florence and Joel, concerned residents of Laguna de Bay, filed a complaint for mandamus against the Laguna Lake Development Authority, the Department of Environment and Natural Resources, the Department of Public Work and Highways, Department of Interior and Local Government, Department of Agriculture, Department of Budget, and Philippine National Police before the R TC of Laguna alleging that the continued neglect of defendants in performing their duties has resulted in serious deterioration of the water quality of the lake and the degradation of the marine life in the lake. The plaintiffs prayed that said government agencies be ordered to clean up Laguna de Bay and restore its water quality to Class C waters as prescribed by Presidential Decree No. 1152, otherwise known as the Philippine Environment Code. Defendants raise the defense that the cleanup of the lake is not a ministerial function and they cannot be compelled by mandamus to perform the same. The RTC of Laguna rendered a decision declaring that it is the duty of the agencies to clean up Laguna de Bay and issued a permanent writ of mandamus ordering said agencies to perform their duties prescribed by law relating to the cleanup of Laguna de Bay.

[a] Is the RTC correct in issuing the writ of mandamus? Explain. (2.5%)

[b] What is the writ of continuing mandamus? (2.5%)

XI

Miguel filed a Complaint for damages against Jose, who denied liability and filed a Motion to Dismiss on the ground of failure to state a cause of action. In an Order received by Jose on January 5, 2015, the trial court denied the Motion to Dismiss. On February 4, 2015, Jose sought reconsideration of that Order through a Motion for Reconsideration. Miguel opposed the Motion for Reconsideration on the ground that it was filed out of time. Jose countered that the 15-day rule under Section 1 of Rule 52 does not apply where the Order sought to be reconsidered is an interlocutory order that does not attain finality. Is Jose correct? Explain. (5%)

XII

Tailors Toto, Nelson and Yenyen filed a special civil action for certiorari under Rule 65 from an adverse decision of the National Labor Relations Commission (NLRC) on the complaint for illegal dismissal against Empire Textile Corporation. They were terminated on the ground that they failed to meet the prescribed production quota at least four (4) times. The NLRC decision was assailed in a special civil action under Rule 65 before the Court of Appeals (CA). In the verification and certification against forum shopping, only Toto signed the verification and certification, while Atty. Arman signed for Nelson. Empire filed a motion to dismiss on the ground of defective verification and certification. Decide with reasons. (5%)

XIII

The officers of “Ang Kapaligiran ay Alagaan, Inc.” engaged your services to file an action against ABC Mining Corporation which is engaged in mining operations in Sta. Cruz, Marinduque. ABC used highly toxic chemicals in extracting gold. ABC’s toxic mine tailings were accidentally released from its storage dams and were discharged into the rivers of said town. The mine tailings found their way to Calancan Bay and allegedly to the waters of nearby Romblon and Quezon. The damage to the crops and loss of earnings were estimated at Pl Billion. Damage to the environment is estimated at Pl Billion. As lawyer for the organization, you are requested to explain the advantages derived from a petition for writ of kalikasan before the Supreme Court over a complaint for damages before the RTC of Marinduque or vice-versa. What action will you recommend? Explain. (5%)

XIV

Pedro, the principal witness in a criminal case, testified and completed his testimony on direct examination in 2015. Due to several postponements by the accused, grounded on his recurring illness, which were all granted by the judge, the cross-examination of Pedro was finally set on October 15, 2016. Before the said date, Pedro died. The accused moved to expunge Pedro’s testimony on the ground that it violates his right of confrontation and the right to cross-examine the witness. The prosecution opposed the motion and asked that Pedro’s testimony on direct examination be admitted as evidence. Is the motion meritorious? Explain. (5%)

XV

Chika sued Gringo, a Venezuelan, for a sum of money. The Metropolitan Trial Court of Manila (MeTC) rendered a decision ordering Gringo to pay Chika P50,000.00 plus legal interest. During its pendency of the appeal before the RTC, Gringo died of acute hemorrhagic pancreatitis. Atty. Perfecto, counsel of Gringo, filed a manifestation attaching the death certificate of Gringo and informing the RTC that he cannot substitute the heirs since Gringo did not disclose any information on his family. As counsel for Chika, what remedy can you recommend to your client so the case can move forward and she can eventually recover her money? Explain. (5%)

XVI

Under Section 5, Rule 113 a warrantless arrest is allowed when an offense has just been committed and the peace officer has probable cause to believe, based on his personal knowledge of facts or circumstances, that the person to be arrested has committed it. A policeman approaches you for advice and asks you how he will execute a warrantless arrest against a murderer who escaped after killing a person. The policeman arrived two (2) hours after the killing and a certain Max was allegedly the killer per information given by a witness. He asks you to clarify the following:

[a] How long after the commission of the crime can he still execute the warrantless arrest? (2.5%)

[b] What does “personal knowledge of the facts and circumstances that the person to be arrested committed it” mean? (2.5%)

XVII

The information against Roger Alindogan for the crime of acts of lasciviousness under Article 336 of the Revised Penal Code avers:

“That on or about 10:30 o’clock in the evening of February 1, 2010 at Barangay Matalaba, Imus, Cavite and within the jurisdiction of this Honorable Court, the above-named accused, with lewd and unchaste design, through force and intimidation, did then and there, wilfully, unlawfully and feloniously commit sexual abuse on his daughter, Rose Domingo, a minor of 11 years old, either by raping her or committing acts of lasciviousness on her, against her will and consent to her damage and prejudice.

ACTS CONTRARY TO LAW.”

The accused wants to have the case dismissed because he believes that the charge is confusing and the information is defective. What ground or grounds can he raise in moving for the quashal of the information? Explain. (5%)

XVIII

John filed a petition for declaration of nullity of his marriage to Anne on the ground of psychological incapacity under Article 36 of the Family Code. He obtained a copy of the confidential psychiatric evaluation report on his wife from the secretary of the psychiatrist. Can he testify on the said report without offending the rule on privileged communication? Explain. (5%)

XIX

Tristan filed a suit with the RTC of Pasay against Arthur King and/or Estate of Arthur King for reconveyance of a lot declared in the name of Arthur King under TCT No. 1234. The complaint alleged that “on account Arthur King’s residence abroad up to the present and the uncertainty of whether he is still alive or dead, he or his estate may be served with summons by publication.” Summons was published and nobody filed any responsive pleading within sixty (60) days therefrom. Upon motion, defendants were declared in default and judgment was rendered declaring Tristan as legal owner and ordering defendants to reconvey said lot to Tristan.

Jojo, the court-designated administrator of Arthur King’s estate, filed a petition for annulment of judgment before the CA praying that the decision in favor of Tristan be declared null and void for lack of jurisdiction. He claims that the action filed by Tristan is an action in personam and that the court did not acquire jurisdiction over defendants Arthur King and/or his estate. On the other hand, Tristan claims that the suit is an action in rem or at least an action quasi in rem. Is the RTC judge correct in ordering service of summons by publication? Explain. (5%)

XX

Royal Bank (Royal) filed a complaint for a sum of money against Ervin and Jude before the RTC of Manila. The initiatory pleading averred that on February 14, 2010, Ervin obtained a loan from Royal in the amount of Pl Million, as evidenced by Promissory Note No. 007 (PN) signed by Ervin. Jude signed a Surety Agreement binding herself as surety for the loan. Royal made a final demand on February 14, 2015 for Ervin and Jude (defendants) to pay, but the latter failed to pay. Royal prayed that defendants Ervin and Jude be ordered to pay the amount of P1 Million plus interests.

In their answer, Ervin admitted that he obtained the loan from Royal and signed the PN. Jude also admitted that she signed the Surety Agreement. Defendants pointed out that the PN did not provide the due date for payment, and that the loan has not yet matured as the maturity date was left blank to be agreed upon by the parties at a later date. Defendants filed a Motion for a Judgment on the Pleadings on the ground that there is no genuine issue presented by the parties’ submissions. Royal opposed the motion on the ground that the PN’ s maturity is an issue that must be threshed out during trial.

[a] Resolve the motion with reasons. (2.5%)

[b] Distinguish “Summary Judgment” and “Judgment on the Pleadings.” (2.5%)

-END

 

2015 BAR EXAMINATIONS
REMEDIAL LAW
November 29, 2015 8:00 A.M. – 12:00 NN.
INSTRUCTIONS

1. This Questionnaire contains twelve (12) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers.

There are 18 items (I to XVIII) to be answered within/our (4) hours.

2. Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only on the front, not the back, page of every sheet in your Notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back page of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions 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 the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, to reason logically in a lawyer-like manner, and to form a sound conclusion from the given premises.

A mere “Yes” or “No” answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Notebook.

4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH YOUR NOTEBOOK

JUSTICE TERESITA J. LEONARDO-DE CASTRO
Chairperson
2015 Bar Examinations

  1. Lender extended to Borrower a Pl00,000.00 loan covered by a promissory note. Later, Borrower obtained another Pl00,000.00 loan again covered by a promissory note. Still later, Borrower obtained a P300,000.00 loan secured by a real estate mortgage on his land valued at 11500,000.00. Borrower defaulted on his payments when the loans matured. Despite demand to pay the llS00,000.00 loan, Borrower refused to pay. Lender, applying the totality rule, filed against Borrower with the Regional Trial Court (RTC) of Manila, a collection suit for P500,000.00.

a.) Did Lender correctly apply the totality rule and the rule on joinder of causes of action? (2%)

At the trial, Borrower’s lawyer, while cross-examining Lender, successfully elicited an admission from the latter that the two promissory notes have been paid. Thereafter, Borrower’s lawyer filed a motion to dismiss the case on the ground that as proven only P300,000.00 was the amount due to Lender and which claim is within the exclusive original jurisdiction of the Metropolitan Trial Court. He further argued that lack of jurisdiction over the subject matter can be raised at any stage of the proceedings.

b.) Should the court dismiss the case? (3%)

  1. Circe filed with the RTC a complaint for the foreclosure of real estate mortgage against siblings Scylla and Charybdis, co-owners of the property and cosignatories to the mortgage deed. The siblings permanently reside in Athens, Greece. Circe tipped off Sheriff Pluto that Scylla is on a balikbayan trip and is billeted at the Century Plaza Hotel in Pasay City. Sheriff Pluto went to the hotel and personally served Scylla the summons, but the latter refused to receive summons for Charybdis as she was not authorized to do so. Sheriff Pluto requested Scylla for the email address and fax number of Charybdis which the latter readily gave. Sheriff Pluto, in his return of the summons, stated that “Summons for Scylla was served personally as shown by her signature on the receiving copy of the summons. Summons on Charybdis was served pursuant to the amendment of Rule 14 by facsimile transmittal of the summons and complaint on defendant’s fax number as evidenced by transmission verification report automatically generated by the fax machine indicating that it was received by the fax number to which it was sent on the date and time indicated therein.”

Circe, sixty (60) days after her receipt of Sheriff Pluto’s return, filed a Motion to Declare Charybdis in default as Charybdis did not file any responsive pleading.

a.) Should the court declare Charybdis in default? (2%)

Scylla seasonably filed her answer setting forth therein as a defense that Charybdis had paid the mortgage debt.

b.) On the premise that Charybdis was properly declared in default, what is the effect of Scylla’s answer to the complaint? (2%)

  1. Juliet invoking the provisions of the Rule on Violence Against Women and their Children filed with the RTC designated as a Family Court a petition for issuance of a Temporary Protection Order (TPO) against her husband, Romeo. The Family Court issued a 30-day TPO against Romeo. A day before the expiration of the TPO, Juliet filed a motion for extension. Romeo in his opposition raised, among others, the constitutionality of R.A. No. 9262 (The VAWC Law) arguing that the law authorizing the issuance of a TPO violates the equal protection and due process clauses of the 1987 Constitution. The Family Court judge, in granting the motion for extension of the TPO, declined to rule on the constitutionality of R.A. No. 9262. The Family Court judge reasoned that Family Courts are without jurisdiction to pass upon constitutional issues, being a special court of limited jurisdiction and R.A. No. 8369, the law creating the Family Courts, does not provide for such jurisdiction. Is the Family Court judge correct when he declined to resolve the constitutionality of R.A. No. 9262? (3%)
  2. Strauss filed a complaint against Wagner for cancellation of title. Wagner moved to dismiss the complaint because Grieg, to whom he mortgaged the property as duly annotated in the TCT, was not impleaded as defendant.

a.) Should the complaint be dismissed? (3%)

b.) If the case should proceed to trial without Grieg being impleaded as a party to the case, what is his remedy to protect his interest? (2%)

  1. Ernie filed a petition for guardianship over the person and properties of his father, Ernesto. Upon receipt of the notice of hearing, Ernesto filed an opposition to the petition. Ernie, before the hearing of the petition, filed a motion to order Ernesto to submit himself for mental and physical examination which the court granted.

After Ernie’s lawyer completed the presentation of evidence in support of the petition and the court’s ruling on the formal offer of evidence, Ernesto’s lawyer filed a demurrer to evidence.

Ernie’s lawyer objected on the ground that a demurrer to evidence is not proper in a special proceeding.

a.) Was Ernie’s counsel’s objection proper? (2%)

b.) If Ernesto defies the court’s order directing him to submit to physical and mental examinations, can the court order his arrest? (2%)

  1. A law was passed declaring Mt. Karbungko as a protected area since it as a major watershed. The protected area covered a portion located in Municipality A of the Province I and a portion located in the City of Z of Province II. Maingat is the leader of Samahan ng Tagapag-ingat ng Karbungko (STK), a people’s organization. He learned that a portion of the mountain located in the City of Z of Province II was extremely damaged when it was bulldozed and leveled to the ground, and several trees and plants were cut down and burned by workers of World Pleasure Resorts, Inc. (WPRI) for the construction of a hotel and golf course. Upon inquiry with the project site engineer if they had a permit for the project, Maingat was shown a copy of the Environmental Compliance Certificate (ECC) issued by the DENR-EMB, Regional Director (RD-DENR-EMB). Immediately, Maingat and STK filed a petition for the issuance of a writ of continuing mandamus against RD-DENR-EMB and WPRI with the RTC of Province I, a designated environmental court, as the RD-DENR-EMB negligently issued the ECC to WPRI.

On scrutiny of the petition, the court determined that the area where the alleged actionable neglect or omission subject of the petition took place in the City of Z of Province II, and therefore cognizable by the RTC of Province II. Thus, the court dismissed outright the petition for lack of jurisdiction.

a.) Was the court correct in motu proprio dismissing the petition? (3%)

Assuming that the court did not dismiss the petition, the RD-DENR-EMB in his Comment moved to dismiss the petition on the ground that petitioners failed to appeal the issuance of the ECC and to exhaust administrative remedies provided in the DENR Rules and Regulations.

b.) Should the court dismiss the petition? (3%)

  1. Plaintiff sued defendant for collection of P 1 million based on the latter’s promissory note. The complaint alleges, among others:

1) Defendant borrowed P1 million from plaintiff as evidenced by a duly executed promissory note;

2) The promissory note reads:

“Makati, Philippines
Dec. 30, 2014

For value received from plaintiff, defendant promises to pay plaintiff Pl million, twelve (12) months from the above indicated date without necessity of demand.

Signed
Defendant”

A copy of the promissory note is attached as Annex “A.”

Defendant, in his verified answer, alleged among others:

1) Defendant specifically denies the allegation in paragraphs 1 and 2 of the complaint, the truth being defendant did not execute any promissory note in favor of plaintiff, or

2) Defendant has paid the Ill million claimed in the promissory note (Annex “A” of the Complaint) as evidenced by an “Acknowledgment Receipt” duly executed by plaintiff on January 30, 2015 in Manila with his spouse signing as witness.

A copy of the “Acknowledgment Receipt” is attached as Annex “1” hereof.

Plaintiff filed a motion for judgment on the pleadings on the ground that defendant’s answer failed to tender an issue as the allegations therein on his defenses are sham for being inconsistent; hence, no defense at all. Defendant filed an opposition claiming his answer tendered an issue.

a.) Is judgment on the pleadings proper? (3%)

Defendant filed a motion for summary judgment on the ground that there are no longer any triable genuine issues of facts.

b.) Should the court grant defendant’s motion for summary judgment? (3%)

  1. Aldrin entered into a contract to sell with Neil over a parcel of land. The contract stipulated a P500,000.00 down payment upon signing and the balance payable in twelve (12) monthly installments of Pl00,000.00. Aldrin paid the down payment and had paid three (3) monthly installments when he found out that Neil had sold the same property to Yuri for Pl.5 million paid in cash. Aldrin sued Neil for specific performance with damages with the RTC. Yuri, with leave of court, filed an answer-in-intervention as he had already obtained a TCT in his name. After trial, the court rendered judgment ordering Aldrin to pay all the installments due, the cancellation of Yuri’s title, and Neil to execute a deed of sale in favor of Aldrin. When the judgment became final and executory, Aldrin paid Neil all the installments but the latter refused to execute the deed of sale in favor of the former.

Aldrin filed a “Petition for the Issuance of a Writ of Execution” with proper notice of hearing. The petition alleged, among others, that the decision had become final and executory and he is entitled to the issuance of the writ of execution as a matter of right. Neil filed a motion to dismiss the petition on the ground that it lacked the required certification against forum shopping.

a.) Should the court grant Neil’s Motion to Dismiss? (3%)

Despite the issuance of the writ of execution directing Neil to execute the deed of sale in favor of Aldrin, the former obstinately refused to execute the deed.

b.) What is Aldrin’s remedy? (2%)

  1. Hades, an American citizen, through a dating website, got acquainted with Persephone, a Filipina. Hades came to the Philippines and proceeded to Baguio City where Persephone resides. Hades and Persephone contracted marriage, solemnized by the Metropolitan Trial Court judge of Makati City. After the wedding, Hades flew back to California, United States of America, to wind up his business affairs. On his return to the Philippines, Hades discovered that Persephone had an illicit affair with Phanes. Immediately, Hades returned to the United States and was able to obtain a valid divorce decree from the Superior Court of the County of San Mateo, California, a court of competent jurisdiction against Persephone. Hades desires to marry Hestia, also a Filipina, whom he met at Baccus Grill in Pasay City.

a.) As Hades’ lawyer, what petition should you file in order that your client can avoid prosecution for bigamy ifhe desires to marry Hestia? (2%)

b.) In what court should you file the petition? (1%)

c.) What is the essential requisite that you must comply with for the purpose of establishing jurisdictional facts before the court can hear the petition? (3%)

  1. An information for murder was filed against Rapido. The RTC judge, after personally evaluating the prosecutor’s resolution, documents and parties’ affidavits submitted by the prosecutor, found probable cause and issued a warrant of arrest. Rapido’s lawyer examined the rollo of the case and found that it only contained the copy of the information, the submissions of the prosecutor and a copy of the warrant of arrest. Immediately, Rapido’s counsel filed a motion to quash the arrest warrant for being void, citing as grounds:

a.) The judge before issuing the warrant did not personally conduct a searching examination of the prosecution witnesses in violation of his client’s constitutionally-mandated rights;

b.) There was no prior order finding probable cause before the judge issued the arrest warrant.

May the warrant of arrest be quashed on the grounds cited by Rapido’s counsel? State your reason for each ground. (4%)

  1. The Ombudsman found probable cause to charge with plunder the provincial governor, vice governor, treasurer, budget officer, and accountant. An Information for plunder was filed with the Sandiganbayan against the provincial officials except for the treasurer who was granted immunity when he agreed to cooperate with the Ombudsman in the prosecution of the case. Immediately, the governor filed with the Sandiganbayan a petition for certiorari against the Ombudsman claiming there was grave abuse of discretion in excluding the treasurer from the Information.

a.) Was the remedy taken by the governor correct? (2%)

b.) Will the writ of mandamus lie to compel the Ombudsman to include the treasurer in the Information? (3%)

c.) Can the Special Prosecutor move for the discharge of the budget officer to corroborate the testimony of the treasurer in the course of presenting its evidence? (2%)

  1. Paz was awakened by a commotion coming from a condo unit next to hers. Alarmed, she called up the nearby police station. PO 1 Remus and P02 Romulus proceeded to the condo unit identified by Paz. PO 1 Remus knocked at the door and when a man opened the door, POI Remus and his companions introduced themselves as police officers. The man readily identified himself as Oasis Jung and gestured to them to come in. Inside, the police officers saw a young lady with her nose bleeding and face swollen. Asked by P02 Romulus what happened, the lady responded that she was beaten up by Oasis Jung. The police officers arrested Oasis Jung and brought him and the young lady back to the police station. PO1 Remus took the young lady’s statement who identified herself as AA. She narrated that she is a sixteen-year-old high school student; that previous to the incident, she had sexual intercourse with Oasis Jung at least five times on different occasions and she was paid P5,000.00 each time and it was the first time that Oasis Jung physically hurt her. P02 Romulus detained Oasis Jung at the station’s jail. After the inquest proceeding, the public prosecutor filed an information for Violation of R.A. No. 9262 (The VA WC Law) for physical violence and five separate informations for violation of R.A. No. 7610 (The Child Abuse Law). Oasis Jung’s lawyer filed a motion to be admitted to bail but the court issued an order that approval of his bail bond shall be made only after his arraignment.

a.) Did the court properly impose that bail condition? (3%)

Before arraignment, Oasis Jung’s lawyer moved to quash the other four separate informations for violation of the child abuse law invoking the single larceny rule.

b.) Should the motion to quash be granted? (2%)

c.) After his release from detention on bail, can Oasis Jung still question the validity of his arrest? (2%)

  1. Jaime was convicted for murder by the Regional Trial Court of Davao City in a decision promulgated on September 30, 2015. On October 5, 2015, Jaime filed a Motion for New Trial on the ground that errors of law and irregularities prejudicial to his rights were committed during his trial. On October 7, 2015, the private prosecutor, with the conformity of the public prosecutor, filed an Opposition to Jaime’s motion. On October 9, 2015, the court granted Jaime’s motion. On October 12, 2015, the public prosecutor filed a motion for reconsideration. The court issued an Order dated October 16, 2015 denying the public prosecutor’s motion for reconsideration. The public prosecutor received his copy of the order of denial on October 20, 2015 while the private prosecutor received his copy on October 26, 2015.

a.) What is the remedy available to the prosecution from the court’s order granting Jaime’s motion for new trial? (3%)

b.) In what court and within what period should a remedy be availed of? (1%)

c.) Who should pursue the remedy? (2%)

  1. Pedro was charged with theft for stealing Juan’s cellphone worth P20,000.00. Prosecutor Marilag at the pre-trial submitted the judicial affidavit of Juan attaching the receipt for the purchase of the cellphone to prove civil liability. She also submitted the judicial affidavit of Mario, an eyewitness who narrated therein how Pedro stole Juan’s cellphone.

At the trial, Pedro’s lawyer objected to the prosecution’s use of judicial affidavits of her witnesses considering the imposable penalty on the offense with which his client was charged.

a.) Is Pedro’s lawyer correct in objecting to the judicial affidavit of Mario? (2%)

b.) Is Pedro’s lawyer correct in objecting to the judicial affidavit of Juan? (2%)

At the conclusion of the prosecution’s presentation of evidence, Prosecutor Marilag orally offered the receipt attached to Juan’s judicial affidavit, which the court admitted over the objection of Pedro’s lawyer.

After Pedro’s presentation of his evidence, the court rendered judgment finding him guilty as charged and holding him civilly liable for P20,000.00.

Pedro’s lawyer seasonably filed a motion for reconsideration of the decision asserting that the court erred in awarding the civil liability on the basis of Juan’s judicial affidavit, a documentary evidence which Prosecutor Marilag failed to orally offer.

c.) Is the motion for reconsideration meritorious? (2%)

  1. Water Builders, a construction company based in Makati City, entered into a construction agreement with Super Powers, Inc., an energy company based in

Manila, for the construction of a mini hydro electric plant. Water Builders failed to complete the project within the stipulated duration. Super Powers cancelled the contract. Water Builders filed a request for arbitration with the Construction Industry Arbitration Commission (CIAC). After due proceedings, CIAC rendered judgment in favor of Super Powers, Inc. ordering Water Builders to pay the former P10 million, the full amount of the down payment paid, and P2 million by way of liquidated damages. Dissatisfied with the CIAC’s judgment, Water Builders, pursuant to the Special Rules of Court on Alternative Dispute Resolution (ADR Rules) filed with the RTC of Pasay City a petition to vacate the arbitral award. Super Powers, Inc., in its opposition, moved to dismiss the petition, invoking the ADR Rules, on the ground of improper venue as neither of the parties were doing business in Pasay City.

Should Water Builders’ petition be dismissed? (3%)

  1. AA, a twelve-year-old girl, while walking alone met BB, a teenage boy who befriended her. Later, BB brought AA to a nearby shanty where he raped her. The Information for rape filed against BB states:

“On or about October 30, 2015, in the City of S.P. and within the jurisdiction of this Honorable Court, the accused, a minor, fifteen (15) years old with lewd design and by means of force, violence and intimidation, did then and there, willfully, unlawfully and feloniously had sexual intercourse with AA, a minor, twelve (12) years old against the latter’s will and consent.”

At the trial, the prosecutor called to the witness stand AA as his first witness and manifested that he be allowed to ask leading questions in conducting his direct examination pursuant to the Rule on the Examination of a Child Witness. BB’s counsel objected on the ground that the prosecutor has not conducted a competency examination on the witness, a requirement before the rule cited can be applied in the case.

a.) Is BB’s counsel correct? (3%)

In order to obviate the counsel’s argument on the competency of AA as prosecution witness, the judge motu proprio conducted his voir dire examination on AA.

b.) Was the action taken by the judge proper? (2%)

After the prosecution had rested its case, BB’ s counsel filed with leave a demurrer to evidence, seeking the dismissal of the case on the ground that the prosecutor failed to present any evidence on BB’ s minority as alleged in the Information.

c.) Should the court grant the demurrer? (3%)

  1. Hercules was walking near a police station when a police officer signaled for him to approach. As soon as Hercules came near, the police officer frisked him but the latter found no contraband. The police officer told Hercules to get inside the police station. Inside the police station, Hercules asked the police officer, “Sir, may problema po ba?” Instead of replying, the police officer locked up Hercules inside the police station jail.

a.) What is the remedy available to Hercules to secure his immediate release from detention? (2%)

b.) If Hercules filed with the Ombudsman a complaint for warrantless search, as counsel for the police officer, what defense will you raise for the dismissal of the complaint? (3%)

c.) If Hercules opts to file a civil action against the police officer, will he have a cause of action? (3%)

  1. The residents of Mt. Ahohoy, headed by Masigasig, formed a nongovernmental organization – Alyansa Laban sa Minahan sa Ahohoy (ALMA) to protest the mining operations of Oro Negro Mining in the mountain. ALMA members picketed daily at the entrance of the mining site blocking the ingress and egress of trucks and equipment of Oro Negro, hampering its operations. Masigasig had an altercation with Mapusok arising from the complaint of the mining engineer of Oro Negro that one of their trucks was destroyed by ALMA members. Mapusok is the leader of the Association of Peace Keepers of Ahohoy (APKA), a civilian volunteer organization serving as auxiliary force of the local police to maintain peace and order in the area. Subsequently, Masigasig disappeared. Mayumi, the wife of Masigasig, and the members of ALMA searched for Masigasig, but all their efforts proved futile. Mapagmatyag, a member of ALMA, learned from Maingay, a member of APKA, during their binge drinking that Masigasig was abducted by other members of APKA, on order of Mapusok. Mayumi and ALMA sought the assistance of the local police to search for Masigasig, but they refused to extend their cooperation.

Immediately, Mayumi filed with the RTC, a petition for the issuance of the writ of amparo against Mapusok and APKA. ALMA also filed a petition for the issuance of the writ of amparo with the Court of Appeals against Mapusok and APKA. Respondents Mapusok and APKA, in their Return filed with the RTC, raised among their defenses that they are not agents of the State; hence, cannot be impleaded as respondents in an amparo petition.

a.) Is their defense tenable? (3%)

Respondents Mapusok and APKA, in their Return filed with the Court of Appeals, raised as their defense that the petition should be dismissed on the ground that ALMA cannot file the petition because of the earlier petition filed by Mayumi with the RTC.

b.) Are respondents correct in raising their defense? (3%)

c.) Mayumi later filed separate criminal and civil actions against Mapusok. How will the cases affect the amparo petition she earlier filed? (1%)

—ooo0ooo—

2017 BAR EXAMINATIONS
LEGAL & JUDICIAL ETHICS
November 26, 2017 2:00 P.M. – 6:00 P.M.
INSTRUCTIONS

1. This Questionnaire contains ten (10) pages. Check and make sure that your Questionnaire has the correct number of pages. You may write on your Questionnaire as you answer the questions.

Read each question very carefully and write your answers in your Bar Examination Notebook in the same order of the questions. Answer the essay questions legibly, clearly, and concisely. Write your answers only on the front of every page of your Notebook. If the front pages are not sufficient, continue at the back of the first page and so on. Start every number on a separate page, but an answer to a sub-question under the same number may be written continuously on the same page and on the immediately succeeding pages until the answer is complete. Follow the numbering sequence of the Questionnaire in your answers.

2. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and jurisprudence, and arrive at sound and logical conclusions. Answers must fully explain even if the questions do not expressly require explanations. A “Yes” or “No” answer sans explanation or discussion will not be given full credit.

3. Marking of your Notebook with your name or other identifying signs or symbols extraneous to the subject matter of the questions may be considered as cheating and may disqualify you.

Good luck!

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE LUCAS P. BERSAMIN
Chairman
2017 Bar Examinations

I.

A.

Brando & Luzon Law Office had a retainer agreement with Gregory, a businessman with shady connections. Gregory was recently charged in the RTC in Manila with money laundering in relation to an illegal drugs syndicate using Cable Co., his holding company, as its money laundering conduit. The members of the Brando & Luzon Law Office assigned to handle Gregory’s account, including yourself, were implicated in the money laundering case for their role in the incorporation of Cable Co. and in the active management of its business affairs.

In a bid to fortify the case against Gregory and the others, the public prosecutor approaches you (as the least guilty person who will qualify for a discharge as a state witness) and offers to make you a state witness. Should you accept the offer? Explain your answer. (5%)

B.

Under the facts of the preceding question, assume that you had resigned from the Brando & Luzon Law Office prior to the filing of the money laundering case against Gregory and the others, and that you were not implicated in the case. However, you had assisted in handling the Cobra Co. account during your time with the law firm. Cobra Co. was largely owned by Cable Co.

The public prosecutor handling the case against Gregory and the others asks you, as a former member of the Brando & Luzon Law Office, to help strengthen the case for the Government, and hints that you may be implicated in the case if you do not cooperate. What is your legal and ethical course of action? Explain your answer. (5%)

II.

A.

Pedro Tigas, a known toughie, asked Atty. Chloe to meet with him in the Jollibee Restaurant in Harrison Plaza because he wanted to seek her legal advice on an important matter. Atty. Chloe had once before been consulted by Pedro Tigas, who had then paid her well. When they met in Jollibee Restaurant, he confided his planned assassination of Pepeng Taga, his rival for control of the neighborhood in San Andres Bukid, Manila. He wanted her to represent him should he be apprehended for the assassination. Atty. Chloe did not agree, and left the restaurant in a hurry before Pedro Tigas could utter anything more.

A few days afterwards, Pepeng Taga was killed near his house in San Andres Bukid, Manila. The police follow-up team arrested Pedro Tigas on the basis of testimony by at least two residents that they had heard him saying two days before the killing that Pepeng Taga would not live beyond 48 hours. Should Atty. Chloe reveal to the police investigator what Pedro Tigas had stated to her at the Jollibee Restaurant without violating the confidence of the latter as a client? Explain your answer. (4%)

B.

Assuming that the meeting between Pedro Tigas and Atty. Chloe in Jollibee Restaurant occurred after the killing of Pepeng Taga, and in that meeting Pedro Tigas expressly admitted to Atty. Chloe in strict confidence as his lawyer that he had shot Pepeng Taga. Is Atty. Chloe ethically bound to reveal the admission of Pedro Tigas to the police investigator what Pedro Tigas had stated to her at the Jollibee Restaurant? Explain your answer. (4%)

III.

A.

Alleging that Atty. Frank had seduced her when she was only 16 years old, and that she had given birth to a baby girl as a result, Malen filed a complaint for his disbarment seven years after the birth of the child charging that he was a grossly immoral person unworthy and unfit to continue in the Legal Profession. In his comment, Atty. Frank argued that the complaint for disbarment should be dismissed because of prescription.

Explain whether or not Atty. Frank’s argument is justified. (4%)

B.

Beth administratively charged her former lawyer, Atty. Rawet, with gross misconduct and gross ignorance of the law for the latter’s inadequate legal representation of her in her suit against her neighbor. Midway during the investigation, Beth decided to migrate to Australia. Learning about her plans, Atty. Rawet approached her and pleaded for her understanding. He was able to persuade her to execute an affidavit of desistance in respect of her administrative complaint. He submitted the affidavit of desistance to the Supreme Court, and moved to dismiss the charge against him.

Will the affidavit of desistance warrant the dismissal of the administrative charge? Explain your answer. (4%)

IV.

Atty. Jessa was the counsel for Mr. Nolan, a cantankerous millionaire, in the latter’s personal case. Soon after the case was submitted for decision, Mr. Nolan withdrew the files from Atty. Jessa and informed her that he was engaging another lawyer. On that same day, a copy of the decision in the case was received by Atty. Jessa but she did not do anything anymore with the decision. She did not also file a withdrawal of her appearance. Mr. Nolan’s new counsel did not file any notice of his appearance. By the time Mr. Nolan found out about the adverse decision, his period to appeal had lapsed.

Was the service of the decision on Atty. Jessa still effective? Explain your answer. (4%)

V.

Eva consulted Atty. Doble Kara, a well-known solo practitioner, to represent her as a probable heir to the huge estate of her late lamented grandaunt who died without issue. After Atty. Doble Kara perused the documents relevant to the estate presented by Eva, he told Eva that he could not be of help to her.

A few days later, Eva learned that Atty. Doble Kara had just initiated intestate proceedings involving the same estate in the RTC, and the petitioner seeking appointment as administratrix was Mely, Eva’s hostile cousin and co-heir to the estate.

Eva moved to immediately disqualify Atty. Doble Kara from representing Mely on the ground of conflict of interest, but Atty. Doble Kara explained to the estate court that there was no conflict of interest because he had no lawyer-client relationship with Eva. He further indicated that Eva had not also paid him any retainer fee.

Given his explanations to the estate court, may Atty. Doble Kara ethically represent Mely? (4%)

VI.

For services to be rendered by Atty. Hamilton as counsel for Gener in a civil case involving the recovery of the ownership and possession of a parcel of land with an area of 5,000 square meters, the two of them agreed on a success fee for Atty. Hamilton of ₱50,000.00 plus 500 square meters of the land. The trial court ultimately rendered judgment in favor of Gener, and the judgment became final and executory. After receiving ₱50,000.00, Atty. Hamilton demanded the transfer to him of the promised 500 square meters of the land.

Instead of complying, Gener brought an administrative complaint charging Atty. Hamilton with violation of the Code of Professional Responsibility and Art. 1491(5) of the Civil Code for demanding the delivery of a portion of the land subject of the litigation.

Is Atty. Hamilton liable under the Code of Professional Responsibility and the Civil Code? Explain your answer. (4%)

VII.

A.

You had just taken your oath as a new lawyer. The secretary of a big university offered to get you as the university’s notary public. She explained that the faculty and students would be sent to you to have their documentations and affidavits notarized; and that the arrangement would be very lucrative for you. However, the secretary wants you to share with her half of your earnings throughout the year.

Will you agree to the arrangement proposed by the secretary of the university? Explain your answer. (4%)

B.

The plaintiff died during the pendency of the case in the RTC. If you were the counsel of the plaintiff, what is the last duty you need to discharge in behalf of the late client before your professional engagement for the case may be deemed terminated? Explain briefly your answer. (4%)

VIII.

A.

Sancho Mahilig went to the office of Atty. Charm to engage her legal representation in the criminal case for adultery that the husband of his socialite friend had brought against him in the City Prosecutor’s Office in Manila. Atty. Charm thoroughly interviewed Sancho in her office with only Linda, the secretary/stenographer of Atty. Charm, the only other person present. On that occasion, Sancho candidly informed Atty. Charm about his illicit affair with the socialite wife, and gave many details. Linda faithfully recorded the interview.

During the trial of the criminal case for adultery, the trial prosecutor requested the court to issue a subpoena duces tecum to compel the production of the record of the interview and a subpoena ad testificandum to compel Linda to testify on the admission of the affair by Sancho. Atty. Charm objected to the request on the basis of lawyer-client confidentiality.

If you were the trial judge, how will you resolve the objection of Atty. Charm? Justify your answer. (4%)

B.

Prosecutor Regan was designated to represent the State during the trial of an action to declare the nullity of a marriage. He realized soon enough, however, that the counsels of the parties were very competent and sincere in doing their work for their respective clients. Thus, Prosecutor Regan, mindful of his large caseload of preliminary investigations, and believing that his attendance at the trial was superfluous, decided not to attend the trial anymore so that he could devote more time to the work back in his office.

Explain whether or not the decision of Prosecutor Regan to miss the trial of the action to declare the nullity of the marriage was warranted. (4%)

IX.

Atty. Miriam rents her office space in a building owned by Winston. Eventually, Atty. Miriam became Winston’s regular legal counsel. Because of their good relationship, Atty. Miriam did not hesitate to borrow money from Winston. Atty. Miriam issued postdated checks covering the interest of her loans. Unfortunately, Atty. Miriam failed to pay her obligations to Winston. Her postdated checks with Winston also bounced. Hence, he filed a criminal case for violation of the Bouncing Checks Law against her.

In her counter-affidavit, Atty. Miriam averred that Winston was “a businessman who is engaged in the real estate business, trading and buy and sell of deficiency taxed imported cars, shark loans and other shady deals and has many cases pending in court.”

Hurt by the allegations, Winston filed a disbarment complaint against Atty. Miriam arguing that her allegations in the counter-affidavit constituted a breach of their confidential lawyer-client relationship.

Discuss whether or not the disclosures in Atty. Miriam’s counter-affidavit constitute a breach of fidelity towards her client. (4%)

X.

Atty. Anna Kirmet was one of Worry Bank’s valued clients. The bank gave her a credit card with a credit limit of ₱250,000.00. Because of her extravagance, Atty. Kirmet exceeded her credit limit and refused to pay the monthly charges as they fell due.

Hence, aside from a collection case, Worry Bank filed a disbarment case against Atty. Kirmet. In her comment on the disbarment complaint, Atty. Kirmet insisted that she did not violate the Code of Professional Responsibility because her obligation to the bank was personal in nature and had no relation to her being a lawyer.

Is Atty. Kirmet correct? Explain your answer briefly. (4%)

XI.

A.

Define champerty. (3%)

B.

Atty. Andy and Atty. Valeriano were classmates in law school. As such, they developed a close friendly relationship. They agreed that they would refer clients to each other, and whoever referred clients would receive a commission or portion of the attorney’s fees. Atty. Andy referred a client to Atty. Valeriano, who charged the client ₱100,000.00 as initial attorney’s fees. Thereafter, Atty. Valeriano sent 15% of ₱100,000.00, or ₱15,000.00, to Atty. Andy as the latter’s referral fee.

Explain if the agreement on the referral fee is ethical. (3%)

XII.

Atty. Simplicio published the following advertisement in a local newspaper: “Annulment of Marriage, Competent Attorney, Reasonable Fees, Call 221-2345.”

A Justice of the Supreme Court saw the advertisement and thereafter called the attention of his colleagues. The Supreme Court directed the Bar Confidant investigate the matter. When directed to explain why no disciplinary action should be taken against him for the improper advertisement, Atty. Simplicio contended that: (a) the advertisement was not improper because his name was not mentioned; and (b) he could not be subjected to disciplinary action because there was no complaint filed against him.

Rule on Atty. Simplicio’s contentions. (4%)

XIII.

Herbert Madasalin, a 25-year old Bar candidate, surrendered his driver’s license to the security guard at the Arlegui Gate when he entered the Malacanang compound to pray at the National Shrine of St. Jude Thaddeus. After praying the novena to St. Jude, Herbert went to the Arlegui Gate to retrieve his driver’s license. However, he was not able to get the license because the security guard was then elsewhere. He returned the next day only to be told that the security guard had misplaced the license. The security guard concerned could not anymore remember where he had placed the license.

Herbert immediately requests your assistance in the preparation of an affidavit of loss. His address is at 143 Zuzuaregui Street, Don Antonio Heights, Quezon City. As his friend, prepare Herbert’s affidavit of loss. (5%)

XIV.

Kyle Angelo was served with summons and a copy of the complaint of Ciara Jane for collection of the amount of ₱1,000,000.00 as evidenced by a promissory note signed by Kyle Angelo. She alleged that the debt was overdue; and that Kyle Angelo refused to pay despite repeated demands.

Kyle Angelo engaged the services of Atty. Carlos Sa bit, who decided to file a motion to dismiss on the ground of lack of cause of action and prescription. Atty. Carlos Sabit drafted the motion and sent the draft to Kyle Angelo for his perusal. Kyle Angelo, being himself a law graduate, quickly noticed that the draft did not contain a notice of hearing.

Draft the notice of hearing that Atty. Carlos Sabit should include in the motion to dismiss. (3%)

XV.

Believing that an onerous transfer would result in lesser taxes than a gratuitous transfer, Nenita Villo, a widow, decided to sell her lone asset worth ₱3,000,000.00 to her daughters, Andrea, Carina and Carissa, all of legal age, gainfully employed and still unmarried. The asset consisted of the house and the lot registered under Transfer Certificate of Title No. 67890 of the Register of Deeds of Paranaque City and situated at No. 3156 Bayswater Street, Metro Ville Subdivision, Paranaque City where Nenita and her daughters presently resided.

Nenita required her daughters to make a down payment of ₱1,000,000.00, and the balance to be paid once the title to the property was transferred to her daughters’ names. All the taxes, fees, and costs related to the sale would be for the account of Nenita, while those related to the transfer of title would be paid by Andrea, Carina and Carissa.

Draft the contract to be executed by Nenita and her daughters in connection with the transfer of the house and lot. Omit details other than those stated in the question. (10%)

XVI.

Determine if the following advertisements by an attorney are ethical or unethical. Explain your answer.

(a) A calling card, 2 inches x 2 inches in size, bearing the attorney’s name in bold print, office, residence and email addresses, telephone and facsimile numbers. (2%)

(b) A business card, 3 inches x 4 inches in size, indicating the aforementioned data with his 1 inch x 1 inch photograph. (2%)

(c) A pictorial press release in a broadsheet newspaper made by the attorney showing him being congratulated by the president of a client corporation for winning a multi-million damage suit against the company in the Supreme Court. (2%)

(d)The same press release made in a tabloid by the attorney’s client. (2%)

(e) A small announcement that the attorney is giving free legal advice on November 30, 2017 published in Balita, a tabloid in Filipino. (2%)

-NOTHING FOLLOWS-

2015 BAR EXAMINATIONS
LEGAL ETHICS
November 29, 2015 2:00 P.M. – 6:00 P.M.
INSTRUCTIONS

1. This Questionnaire contains ten (10) pages including these Instructions pages. Check the number of pages and the page numbers at the upper right hand corner of each page of this Questionnaire and make sure it has the correct number of pages and their proper numbers.

There are 24 items (I to XXIV) to be answered within/our (4) hours.

2. Read each question very carefully and write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only on the front, not the back, page of every sheet in your Notebook. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back page of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions 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 the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the question turns. It should show your knowledge and understanding of the pertinent principles and theories of law involved and their qualifications and limitations. It should demonstrate your ability to apply the law to the given facts, to reason logically in a lawyer-like manner, and to form a sound conclusion from the given premises.

A mere “Yes” or “No” answer without any corresponding explanation or discussion will not be given any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Notebook.

4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH YOUR NOTEBOOK

JUSTICE TERESITA J. LEONARDO-DE CASTRO
Chairperson
2015 Bar Examinations

  1. Define the following terms:

a. counsel de oficio

b. counsel de parte

c. amicus curiae

d. attorney of record (4%)

  1. In open court, accused Marla manifested that she had already settled in full the civil aspect of the criminal case filed against her in the total amount of P58,000.00. Marla further alleged that she paid directly to private complainant Jasmine the amount of P25,000.00. The balance of P33,000.00 was delivered to Atty. Jeremiah, Jasmine’s lawyer, evidenced by a receipt signed by Atty. Jeremiah himself.

However, Jasmine manifested that she did not receive the amount of P33,000.00 which Marla turned over to Atty. Jeremiah. Despite Jasmine’s requests to turn over the money, Atty. Jeremiah failed to do so. It was only after Jasmine already filed an administrative complaint against Atty. Jeremiah that the latter finally paid the P33,000.00 to the former, but in three installment payments of Pl1,000.00 each. Atty. Jeremiah claimed that he decided to hold on to the P33,000.00 at first because Jasmine had not yet paid his attorney’s fees.

Is Atty. Jeremiah administratively liable? Explain. (3%)

  1. Maria and Atty. Evangeline met each other and became good friends at zumba class. One day, Maria approached Atty. Evangeline for legal advice. It turned out that Maria, a nurse, previously worked in the Middle East. So she could more easily leave for work abroad, she declared in all her documents that she was still single. However, Maria was already married with two children. Maria again had plans to apply for work abroad but this time, wished to have all her papers in order. Atty. Evangeline, claiming that she was already overloaded with other cases, referred Maria’s case to another lawyer. Maria found it appalling that after Atty. Evangeline had learned of her secrets, the latter refused to handle her case.

Maria’s friendship with Atty. Evangeline permanently turned sour after Maria filed an administrative case against the latter for failing to return borrowed jewelry. Atty. Evangeline, on the other hand, threatened to charge Maria with a criminal case for falsification of public documents, based on the disclosures Maria had earlier made to Atty. Evangeline.

a. Was the consultation of Maria with Atty. Evangeline considered privileged? (1%)

b. What are the factors to establish the existence of attorney-client privilege? (3%)

  1. The Lawyer’s Oath is a source of obligation and its violation is a ground for suspension, disbarment, or other disciplinary action. State in substance the Lawyer’s Oath. (3%)
  2. Judge Ana P. Sevillano had an issue with the billings for the post-paid cellular phone services of her 16-year-old daughter for the last three consecutive months. Although Judge Sevillano had been repeatedly calling the Customer Service Hotline of Universal Telecoms, the billings issue was never fully settled to Judge Sevillano’s satisfaction. Finally, Judge Sevillano wrote the National Telecommunications Commission a letter of complaint against Universal Telecoms, using her official court stationery and signing the letter as “Judge Ana P. Sevillano.” Did Judge Sevillano violate any professional or ethical standard for judges? Justify your answer. (3%)
  3. Casper Solis graduated with a Bachelor of Laws degree from Achieve University in 2000 and took and passed the bar examinations given that same year. Casper passed the bar examinations and took the Attorney’s Oath together with other successful bar examinees on March 19, 2001 at the Philippine International Convention Center (PICC). He was scheduled to sign the Roll of Attorneys on May 24, 2001 but he misplaced the Notice to Sign the Roll of Attorneys sent by the Office of the Bar Confidant after he went home to the province for a vacation. Since taking his oath in 2001, Casper had been employed by several law firms and private corporations, mainly doing corporate and taxation work. When attending a seminar as part of his Mandatory Continuing Legal Education in 2003, Casper was unable to provide his roll number. Seven years later in 2010, Casper filed a Petition praying that he be allowed to sign the Roll of Attorneys. Casper alleged good faith, initially believing that he had already signed the Roll before entering PICC for his oath-taking on March 19, 2001.

a. Can Casper already be considered a member of the Bar and be allowed to use the title of “attorney”? Explain. (1%)

b. Did Casper commit any professional or ethical transgression for which he could be held administratively liable? (2%)

c. Will you grant Casper’s Petition to belatedly sign the Roll of Attorneys? Why? (2%)

  1. Cite some of the characteristics of the legal profession which distinguish it from business. (4%)
  2. Engr. Gilbert referred his friends, spouses Richard and Cindy Maylupa, to Atty. Jane for the institution of an action for partition of the estate of Richard’s deceased father. In a letter, Atty. Jane promised to give Engr. Gilbert a commission equivalent to 15% of the attorney’s fees she would receive from the spouses Maylupa. Atty. Jane, however, failed to pay Engr. Gilbert the promised commission despite already terminating the action for partition and receiving attorney’s fees amounting to about P600,000.00. Engr. Gilbert repeatedly demanded payment of his commission but Atty. Jane ignored him. May Atty. Jane professionally or ethically promise a commission to Engr. Gilbert? Explain. (3%)
  3. a. Explain the doctrine of quantum meruit in determining the amount of attorney’s fees. (2%)

b. Identify the factors to be considered in determining attorney’s fees on a quantum meruit basis. (2%)

  1. The spouses Manuel were the registered owners of a parcel of land measuring about 200,000 square meters. On May 4, 2008, the spouses Manuel sold the land for P3,500,000.00 to the spouses Rivera who were issued a certificate of title for said land in their names. Because the spouses Rivera failed to pay the balance of the purchase price for the land, the spouses Manuel, through Atty. Enriquez, instituted an action on March 18, 2010 before the Regional Trial Court (RTC) for sum of money and/or annulment of sale, docketed as Civil Case No. 1111. The complaint in Civil Case No. 1111 specifically alleged that Atty. Enriquez would be paid P200,000.00 as attorney’s fees on a contingency basis. The RTC subsequently promulgated its decision upholding the sale of the land to the spouses Rivera. Atty. Enriquez timely filed an appeal on behalf of the spouses Manuel before the Court of Appeals. The appellate court found for the spouses Manuel, declared the sale of the land to the spouses Rivera null and void, and ordered the cancellation of the spouses Rivera’s certificate of title for the land. The Supreme Court dismissed the spouses Rivera’s appeal for lack of merit. With the finality of judgment in Civil Case No. 1111 on October 20, 2014, Atty. Enriquez filed a motion for the issuance of a writ of execution.

Meanwhile, the spouses Rivera filed on November 10, 2014 before the RTC a case for quieting of title against the spouses Manuel, docketed as Civil Case No. 2222. The spouses Manuel, again through Atty. Enriquez, filed a motion to dismiss Civil Case No. 2222 on the ground of res judicata given the final judgment in Civil Case No. 1111.

Pending the resolution of the motion to dismiss in Civil Case No. 2222, the RTC granted on February 9, 2015 the motion for issuance of a writ of execution in Civil Case No. 1111 and placed the spouses Manuel in possession of the land. Atty. Enriquez, based on a purported oral agreement with the spouses Manuel, laid claim to Y2 of the land, measuring 100,000.00 square meters with market value of Pl,750,000.00, as his attorney’s fees. Atty. Enriquez caused the subdivision of the land in two equal portions and entered into the half he appropriated for himself.

Based on the professional and ethical standards for lawyers, may Atty. Enriquez claim Yi of the land as his contingency fee? Why? (4%)

  1. Atty. Belinda appeared as counsel for accused Popoy in a case being heard before Judge Tadhana. After Popoy was arraigned, Atty. Belinda moved for a resetting of the pre-trial conference. This visibly irked Judge Tadhana and so before Atty. Belinda could finish her statement, Judge Tadhana cut her off by saying that if she was not prepared to handle the case, then he could easily assign a counsel de oficio for Popoy. Judge Tadhana also uttered that Atty. Belinda was wasting the precious time of the court. Atty. Belinda tried to explain that she was capable of handling the case but before she could finish her explanation, Judge Tadhana again cut her off and accused her of always making excuses for her incompetence. Judge Tadhana even declared that he did not care if Atty. Belinda filed a thousand administrative cases against him.

According to Atty. Belinda, Judge Tadhana had also humiliated her like that in the past for the flimsiest of reasons. Even Atty. Belinda’s clients were not spared from Judge Tadhana’s wrath as he often scolded witnesses who failed to respond immediately to questions asked of them on the witness stand.

Atty. Belinda filed an administrative case against Judge Tadhana. Do the acts of Judge Tadhana as described above constitute a violation of the Code of Judicial Conduct? Explain. (3%)

  1. a. What is the best form of advertising possible for a lawyer? (2%)

b. What are the allowable or permissible forms of advertising by a lawyer? (3%)

  1. In a land registration case before Judge Lucio, the petitioner is represented by the second cousin of Judge Lucio’s wife.

a. Differentiate between compulsory and voluntary disqualification and determine if Judge Lucio should disqualify himself under either circumstance. (3%)

b. If none of the parties move for his disqualification, may Judge Lucio proceed with the case? (2%)

  1. Identify and briefly explain three of the canons under the New Code of Judicial Conduct for the Philippine Judiciary. (6%)
  2. Jon served as Chief Executive Officer (CEO) of PBB Cars, Inc. (PBB), a family-owned corporation engaged in the buying and selling of second hand cars. Atty. Teresa renders legal services to PBB on a retainer basis.

In 2010, Jon engaged Atty. Teresa’s services for a personal case. Atty. Teresa represented Jon in a BP Big. 22 case filed against him by the spouses Yuki. Jon paid a separate legal fee for Atty. Teresa’s services.

Jon subsequently resigned as CEO of PBB in 2011. In 2012, Atty. Teresa filed on behalf of PBB a complaint for replevin and damages against Jon to recover the car PBB had assigned to him as a service vehicle. Atty. Teresa, however, had not yet withdrawn as Jon’s counsel of record in the BP Big. 22 case, which was still then pending.

Jon filed an administrative case for disbarment against Atty. Teresa for representing conflicting interests and violating the Code of Professional Responsibility. Atty. Teresa countered that since the BP Blg. 22 case and the replevin case are unrelated and involved different issues, parties, and subject matters, there was no conflict of interest and she acted within the bounds of legal ethics.

Is Atty. Teresa’s contention tenable? Explain. (3%)

  1. Atty. Luna Tek maintains an account in the social media network called Twitter and has 1,000 followers there, including fellow lawyers and some clients. Her Twitter account is public so even her non-followers could see and read her posts, which are called tweets. She oftentimes takes to Twitter to vent about her daily sources of stress like traffic or to comment about current events. She also tweets her disagreement and disgust with the decisions of the Supreme Court by insulting and blatantly cursing the individual Justices and the Court as an institution.

a. Does Atty. Luna Tek act in a manner consistent with the Code of Professional Responsibility? Explain the reasons for your answer. (3%)

b. Describe the relationship between a lawyer and the courts. (3%)

  1. Give three instances when a lawyer is allowed to withdraw his/her services. (3%)
  2. Atty. Javier sold a piece of land in favor of Gregorio for P2,000,000.00. Atty. Javier drafted the Deed of Sale with Right to Repurchase which he and Gregorio signed on August 12, 2002. Under said Deed, Atty. Javier represented that he had “the perfect right to dispose as owner in fee simple” the land and that the land is “free from all liens and encumbrances.” The Deed also stated that Atty. Javier had two years within which to repurchase the property. Atty. Javier turned over the owner’s copy of his certificate of title, TCT No. 12121, to Gregorio. Gregorio then immediately took possession of the land.

Atty. Javier failed to exercise his right to repurchase within two years. Gregorio sent Atty. Javier a letter dated April 8, 2005 demanding that the latter already repurchase the property. Despite receipt of Gregorio’s letter, Atty. Javier still failed to repurchase the property. Gregorio remained in peaceful possession of the land until July 25, 2013, when he received notice from Trustworthy Bank informing him that the land was mortgaged to said bank, that the bank already foreclosed on the land, and that Gregorio should therefore vacate the land. Upon investigation, Gregorio discovered that Atty. Javier’s TCT No. 12121 had already been cancelled when another bank foreclosed on a previous mortgage on the land, but after a series of transactions, Atty. Javier was able to reacquire the land and secure TCT No. 34343 for the same. With TCT No. 34343, Atty. Javier constituted another mortgage on the land in favor of Trustworthy Bank on February 22, 2002. Gregorio was subsequently dispossessed of the property.

Gregorio filed an administrative complaint against Atty. Javier. In his defense, Atty. Javier argued that he could not be held administratively liable as there was no attorney-client relationship between him and Gregorio. Moreover, the transaction was not actually one of sale with right to repurchase, but one of equitable mortgage, wherein he still had the legal right to mortgage the land to other persons.

a. If you are tasked to investigate and report on Gregorio’s administrative complaint against Atty. Javier, what will be your recommendation and finding? (3%)

b. In the same administrative case, may Atty. Javier be ordered to return the P2,000,000.00 purchase price to Gregorio? Explain. (3%)

  1. a. What are the grounds for disbarment or suspension from office of an attorney? (4%)

b. If Atty. Babala is also admitted as an attorney in a foreign jurisdiction, what is the effect of his disbarment or suspension by a competent court or other disciplinary authority in said foreign jurisdiction to his membership in the Philippine Bar? (2%)

  1. Cecilio is one of the 12 heirs of his father Vicente, who owned an agricultural land located in Bohol. Cecilio filed a complaint charging Judge Love Koto with abuse of discretion and authority for preparing and notarizing a document entitled “Extra-Judicial Partition with Simultaneous Deed of Sale” executed by Cecilio’s mother Divina and brother Jose. Jose signed the Deed on his own behalf and purportedly also on behalf of his brothers and sisters, including Cecilio. Cecilio though alleged that in his Special Power of Attorney, he merely granted Jose the authority to mortgage said agricultural land but not to partition, much less to sell the same. Judge Koto contended that in a municipality where a notary public is unavailable, a municipal judge is allowed to notarize documents or deeds as ex officio notary public. He claimed that he acted in good faith and only wanted to help. Did Judge Koto violate any rules? Discuss. (3%)
  2. Judge Junior attended the 50th birthday party of his fraternity brother, Atty. Vera. Also present at the party was Atty. Rico who was Atty. Vera’s classmate way back in high school and who was handling Civil Case No. 5555 currently pending before Judge Junior’s court. Well-aware that Atty. Rico had a case before his sala, Judge Junior still sat next to Atty. Rico at a table, and the two conversed with each other, and ate and drank together throughout the night. Since Atty. Vera was a well-known personality, his birthday party was featured in a magazine. The opposing party to Atty. Rico’s client in Civil Case No. 5555, while flipping through the pages of the magazine, came upon the pictures of Judge Junior and Atty. Rico together at the party and used said pictures as bases for instituting an administrative case against Judge Junior. Judge Junior, in his answer, reasoned that he attended Atty. Vera’s party in his private capacity, that he had no control over who Atty. Vera invited to the party, and that he and Atty. Rico never discussed Civil Case No. 5555 during the party. Did Judge Junior commit an administrative infraction? Explain. (3%)
  3. a. Describe briefly the Mandatory Continuing Legal Education (MCLE) for a member of the Integrated Bar of the Philippines and the purpose of the same. (2%)

b. Name three parties exempted from the MCLE. (3%)

  1. Atty. Billy, a young associate in a medium-sized law firm, was in a rush to meet the deadline for filing his appellant’s brief. He used the internet for legal research by typing keywords on his favorite search engine, which led him to many websites containing text of Philippine jurisprudence. None of these sites was owned or maintained by the Supreme Court. He found a case he believed to be directly applicable to his client’s cause, so he copied the text of the decision from the blog of another law firm, and pasted the text to the document he was working on. The formatting of the text he had copied was lost when he pasted it to the document, and he could not distinguish anymore which portions were the actual findings or rulings of the Supreme Court, and which were quoted portions from the other sources that were used in the body of the decision. Since his deadline was fast approaching, he decided to just make it appear as if every word he quoted was part of the ruling of the Court, thinking that it would not be discovered.

Atty. Billy’s opponent, Atty. Ally, a very conscientious former editor of her school’s law journal, noticed many discrepancies in Atty. Billy’s supposed quotations from the Supreme Court decision when she read the text of the case from her copy of the PhUippine Reports. Atty. Billy failed to reproduce the punctuation marks and font sizes used by the Court. Worse, he quoted the arguments of one party as presented in the case, which arguments happened to be favorable to his position, and not the ruling or reasoning of the Court, but this distinction was not apparent in his brief. Appalled, she filed a complaint against him.

a. Did Atty. Billy fail in his duty as a lawyer? What rules did he violate, if any? (2%)

b. How should lawyers quote a Supreme Court decision? (2%)

  1. An anonymous letter addressed to the Supreme Court was sent by one Malcolm X, a concerned citizen, complaining against Judge Hambog, Presiding Judge of the RTC of Mahangin City, Branch 7. Malcolm X reported that Judge Hambog is acting arrogantly in court; using abusive and inappropriate language; and embarrassing and insulting parties, witnesses, and even lawyers appearing before him. Attached to the letter were pages from transcripts of records in several cases heard before Judge Hambog, with Judge Hambog’s arrogant, abusive, inappropriate, embarrassing and/or insulting remarks or comments highlighted.

a. Will the Court take cognizance of the letter-complaint even coming from an anonymous source? Explain. (2%)

b. Describe briefly the procedure followed when giving due course to a complaint against an RTC judge. (3%)

—ooo0ooo—

 

Advertisements

One thought on “BAR EXAMINATIONS REMEDIAL LAW 2014-2017

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s