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2012 BAR EXAMINATIONS
REMEDIAL LAW
28 October 2012 8:00A.M.- 10 A.M.
MULTIPLE CHOICE QUESTIONS (MCQs)
INSTRUCTIONS
The following questionnaire consists of one hundred (100) MCQs
numbered 1 up to 100 contained in TWENTY ONE (21) pages.
Answer each question on the MCQ Answer Sheet by shading
completely the appropriate circle corresponding to the letter you
have chosen. (Read the Marking Instructions on the Answer Sheet)
Avoid erasures on the Answer Sheet. If you need to make
corrections, erase completely the answer you want to change.
Do not explain your answers in the 1\1CQ portion of the exam. You
will not eam any credit for that.
Keep the Answer Sheet clean. Do not make unnecessary marks on
it. Do not fold, roll, scratch, crumple or tear it.
You may write on the questionnaire and use it as scratch paper but
make sure to transfer your answer to the Answer Sheet. Provide
ample time to transfer the answers if you choose to do this.
Answer first the MCQs completely before going to the essay-type
questions.
HAND IN YOUR ANSWER SHEET. THERE IS NO NEED TO
RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
GOOD LUCK!!!
Chairperson 20/2 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS TWENTY TWO (22)
PAGES (INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
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- In settlement proceedings, appeal may be taken from an:
a) order appointing a special administrator; b) order appointing an administrator; c) order of an administrator to recover property of the estate; d) order to include or exclude property from the estate.
- Under the Rules on the Writ of Amparo, interim relief orders may be issued by the Court except:
a) production order; b) witness protection order; c) hold departure order; d) temporary protection order.
- A narrative testimony is usually objected to but the court may allow such testimony if:
a) it would expedite trial and give the court a clearer understanding of the matters related; b) the witness is of advanced age; c) the testimony relates to family genealogy; d) the witness volunteers information not sought by the examiner.
- In default of parents, the court may appoint a guardian for a minor giving first preference to:
a) an older brother or sister who is over 18 years old. b) the actual custodian over 21 years old. c) a paternal grandparent d) an uncle or aunt over 21 years old.
- In real actions, the docket and filing fees are based on:
a) fair market value of the property. b) assessed value of the property. c) SIR zonal value of the property. d) fair market value of the property and amount of damages claimed.
- X filed a motion for Bill of Particulars, after being served with summons and a copy of the complaint However, X's motion did not contain a notice of hearing. The court may therefore:
a) require the clerk of court to calendar the motion.
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c) d)
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- An accused may move for the suspension of his arraignment if:
a) a motion for reconsideration is pending before the investigating prosecutor. b) accused is bonded and his bondsman failed to notify him of his scheduled arraignment. c) a prejudicial question exists. d) there is no available public attorney.
- P failed to appear at the promulgation of judgment without justifiable cause. The judgment convicted P for slight physical injuries. Judgment may therefore be promulgated in the following manner:
a) By the reading of the judgment in the presence of only the judge. b) By the clerk of court in the presence of P's counsel. c) By the clerk of court in the presence of a representative of P. d) By entering the judgment into the criminal docket of the court.
- Being declared in default does not constitute a waiver of all rights. However, the following right is considered waived:
a) be cited and called to testify as a witness b) file a motion for new trial c) participate in deposition taking of witnesses of adverse party d) file a petition for certiorari
- At arraignment, X pleads not guilty to a Robbery charge. At the pre- trial, he changes his mind and agrees to a plea bargaining, with the conformity of the prosecution and offended party, which downgraded the offense to theft. The Court should therefore:
a) render judgment based on the change of plea. b) allow the withdrawal of the earlier plea and arraign X for theft and render judgment. c) receive evidence on the civil liability and render judgment. d) require the prosecution to amend the information.
- A criminal case should be instituted and tried in the place where the offense or any of the essential elements took p!ace, except in:
a) Estafa cases; b) Complex crimes;
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c) Cases cognizable by the Sandiganbayan; d) Court martial cases.
- X was charged for murder and was issued a warrant of arrest. X remains at large but wants to post bail. X's option is to:
a) file a motion to recall warrant of arrest; b) surrender and file a bail petition; c) file a motion for reinvestigation; d) file a petition for review with the OOJ.
- The Energy Regulatory Commission (ERC) promulgates a decision increasing electricity rates by 3%. KMU appeals the decision by way of petition for review. The appeal will therefore:
a) stay the execution of ERC decision. b) shall not stay the ERC decision unless the Court of Appeals directs otherwise. c) stay the execution of the ERC decision conditioned on KMU posting a bond. d) shall not stay the ERC decision.
- RTC decides an appeal from the MTC involving a simple collection case. The decision consists of only one page because it adopted by direct reference the findings of fact and conclusions of law set forth in the MTC decision. Which statement is most accurate?
a) The RTC decision is valid because it was issued by a court of competent jurisdiction. b) The RTC decision is valid because it expedited the resolution of the appeal. c) The RTC decision is valid because it is a memorandum decision recognized by law. d) The RTC decision is valid because it is practical and convenient to the judge and the parties.
- The filing of a complaint with the Punong Barangay involving cases covered by the Katarungang Pambarangay Rules shall:
a) not interrupt any prescriptive period. b) interrupt the prescriptive period for 90 days. c) interrupt the prescriptive period for 60 days. d) interrupt the prescriptive period not exceeding 60 days.
- In a declaratory relief action, the court may refuse to exercise its power to declare rights and construe instruments in what instance/s?
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- When a party or counsel willfully or deliberately commits forum shopping, the initiatory pleading may:
a) be cured by amendment of the complaint. b) upon motion, be dismissed with prejudice. c) be summarily dismissed with prejudice as it may constitute direct contempt. d) be stricken from the record.
- Equity of Redemption is the right of the mortgagor to redeem the mortgaged property after default in the performance of the conditions of the mortgage, before the sale or the confirmation of sale in a(n):
a) extrajudicial foreclosure of mortgage. b) judicial foreclosure of mortgage. c) execution sale. d) foreclosure by a bank.
- X and Y, both residents of Bgy. II, Sampaloc, Manila entered into a P100,000 loan agreement. Because Y defaulted, X sued Y for collection and the complainant prayed for issuance of preliminary attachment. Y moved to dismiss the complaint because there was no Barangay conciliation. The court should therefore:
a) dismiss X's complaint for prematurity. b) dismiss X's complaint for lack of cause of action. c) deny Y's motion because it is exempt from Barangay conciliation. d) deny Y's motion because of the amount of the loan.
- X was shot by Y in the course of a robbery. On the brink of death, X told W, a barangay tanod, that it was Y who shot and held him up. In the trial for robbery with homicide, X's declaration can be admitted only as a dying declaration:
a) to prove robbery. b) to prove homicide. c) to prove robbery and homicide. d) to prove the "corpus delicti".
- Which of the following is not a Special Proceeding?
a) Absentees; b) Escheat; c) Change of First Name;
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d) Constitution of Family Home;
31. Atty. X fails to serve personally a copy of his motion to Atty. Y
because the office and residence of Atty. Y and the latter's client
changed and no forwarding addresses were given. Atty. X's remedy is to:
a) Serve by registered mail; b) Serve by publication; c) Deliver copy of the motion to the clerk of court with proof of failure to serve; d) Certify in the motion that personal service and through mail was impossible.
- When caught, X readily admitted to the Forestry Ranger that he cut the trees. Such a statement may be admitted and is not necessarily hearsay because:
a) it is a judicial admission of guilt. b) it shows the statement was true. c) it will form part of the circumstantial evidence to convict. d) it proves that such a statement was made.
- A complaint may be dismissed by the plaintiff by filing a notice of dismissal:
a) At anytime after service of the answer. b) At anytime before a motion of summary judgment is filed. c) At the pre-trial. d) Before the complaint is amended.
- In a criminal case for violation of a city ordinance, the court may issue a warrant of arrest:
a) for failure of the accused to submit his counter-affidavit. b) after finding probable cause against the accused. c) for failure of the accused to post bail. d) for non-appearance in court whenever required.
- Under the Katarungan Pambarangay rules, the execution of an amicable settlement or arbitration award is started by filing a motion for execution with the Punong Barangay, who may issue a notice of execution in the name of the Lupon Tagapamayapa. Execution itself, however, will be done by:
a) a court-appointed sheriff.
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causes of act1on, is the "totality rule".
- W, a legal researcher in the RTC of Makati, served summons on an amended complaint on Z at the latter's house on a Sunday. The service is invalid because:
a) it was served on a Sunday. b) the legal researcher is not a "proper court officer". c) (a) and (b) above d) there is no need to serve summons on an amended complaint.
- After a plea of not guilty is entered, the accused shall have __ days to prepare for trial.
a) b) c) d)
' 10·' 30· ' None of the above.
- The following motions require a notice of hearing served on the opposite party, except:
a) Motion to Set Case for Pre-trial; b) Motion to take deposition; c) Motion to correct TSN; d) Motion to postpone hearing.
- Which of the following statements is incorrect?
a) A Motion to Quash which is granted is a bar to the prosecution for the same offense if the criminal action or liability has been extinguished. b) In the Court of Appeals, the accused may file a motion for new trial based only on newly discovered evidence. c) A demurrer to evidence may be filed without leave of court in a criminal case. d) None of the above.
- Which of the following is true?
a) Summons expires after 5 days from issue. b) Writ of Execution expires after 10 days from issue. c) Search Warrant expires after 20 days from issue. d) Subpoena expires after 30 days from issue.
- A person may be charged with direct contempt of court when:
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a) A person re-enters a property he was previously ejected from. b) A person refuses to attend a hearing after being summoned thereto. c) He attempts to rescue a property in custodia legis. d) She writes and submits a pleading containing derogatory, offensive or malicious statements.
- Under the Rules of Electronic Evidence, "ephemeral electronic conversation" refers to the following, e.xcept:
a) text messages; b) telephone conversations; c) faxed document; d) online chatroom sessions;
- A private electronic document's authenticity may be received in evidence when it is proved by:
a) evidence that it was electronically notarized. b) evidence that it was digitally signed by the person who purportedly signed the same. c) evidence that it contains electronic data messages. d) evidence that a method or process was utilized to verify the same.
48. Atty. A drafts a pleading for his client 8 wherein B admits certain facts
prejudicial to his case. The pleading was never filed but was signed by Atty. A. Opposing counsel got hold of the pleading and presents the same in court. Which statement is the most accurate?
a) The prejudicial statements are not admissible because the unfiled document is not considered a pleading. b) The prejudicial statements are not admissible because the client did not sign the pleading. c) The prejudicial statements are not admissible because these were not made by the client in open court. d) The prejudicial statements are not admissible because these were made outside the proceedings.
- Under the Rules on Examination of a child witness, a child witness is one:
a) who is 18 years of age or below at the time of testifying. b) who is below 18 years of age at the time of the incident/crime to be testified on.
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c) affidavit of the printer of the publication; d) written admission of the party served.
- As a mode of discovery, the best way to obtain an admission from any party regarding the genuineness of any material and relevant document is through a:
a) motion for production of documents. b) written interrogatories. c) request for admission under Rule 26. d) request for subpoena duces tecum.
- A judgment "non pro tunc" is one which:
a) dismisses a case without prejudice to it being re-filed. b) clarifies an ambiguous judgment or a judgment which is difficult to comply with. c) one intended to enter into the record the acts which already have been done, but which do not appear in the records. d) is a memorandum decision.
- The Sandiganbayan can entertain a quo warranto petition only in:
a) cases involving public officers with salary grade 27 or higher. b) only in aid of its appellate jurisdiction. c) as a provisional remedy. d) cases involving "ill gotten wealth".
- The judgment in a criminal case may be promulgated by the following, except by:
a) a Sandiganbayan justice in cases involving anti-graft laws. b) a Clerk of Court of the court which rendered judgment. c) an Executive Judge of a City Court if the accused is detained in another city. d) any judge of the court in which it was rendered.
- Leave of court is always necessary in:
a) a demurrer to evidence in a civil case. b) a demurrer to evidence in a criminal case. c) motion to amend a complaint. d) third party complaint.
- Correctly complete the sentence: A lone witness ---
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a) is credible only if corroborated. b) is never credible. c) may be believed even if not corroborated. d) is always credible.
- A judgment of conviction in a criminal case becomes final when:
a) accused orally waived his right to appeal. b) accused was tried in absentia and failed to appear at the promulgation. c) accused files an application for probation. d) reclusion perpetua is imposed and the accused fails to appeal.
- After a hearing on a Motion to Dismiss, the court may either dismiss the case or deny the same or:
a) defer resolution because the ground relied upon 1s not indubitable. b) order amendment of the pleading c) conduct a preliminary hearing d) None of the above.
- Under Rule 52, a Second Motion for Reconsideration is a prohibited pleading. However,· where may such Motion be allowed?
a) the Sandiganbayan; b) the Office of the President; c) the Supreme Court; d) None of the above.
- The mortgage contract between X, who resides in Manila, and Y, who resides in Naga, covering land in Quezon provides that any suit arising from the agreement may be filed "nowhere else but in a Makati court". Y must thus sue only in:
a) Makati; b) Makati and/or Naga; c) Quezon and/or Makati; d)· Naga.
- Immediately after the witness had been sworn in to testify, without any formal offer of his testimony, Atty. A started asking questions on direct examination to the witness. The court may still consider his testimony if:
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b) An unaccepted offer of a plea of guilty to a lesser offense is inadmissible in evidence against the accused. c) An offer to pay or payment of medical expenses arising from injury is not evidence or proof of civil/criminal liability for the InJury. d) In civil cases, an offer of compromise by the accused is admissible as an implied admission of guilt.
- Under the Rules on Evidence, the following is a conclusive presumption and therefore cannot be contradicted by evidence.
a) A person intends the ordinary consequences of his voluntary act. b) Official duty has been regularly performed. c) A tenant cannot deny his landlord's title during the tenancy period. d) A writing is truly dated. '
- Cesar, age 16, a habitual offender, was caught in possession of. grams of marijuana. He was charged for violation of Sec. 16 of R.A. 9165, The Comprehensive Dangerous Drugs Law. The court which has jurisdiction is:
a) the MTC; b) the RTC; c) Special Drugs Court; d) Family Court.
- A court can motu proprio dismiss a case on the following grounds, except:
a) failure to prosecute; b) lack of jurisdiction over the parties; c) litis pendentia; d) prescription.
- A person entitled to the estate of a deceased person escheated in favor of the State has:
a) 5 years from date of judgment to file a claim. b) 2 years from date of judgment to file a claim. c) 5 years from date of registration of the judgment to file a claim. d) 2 years from date of registration of the judgment to file a claim.
- The MTC, acting as an Environmental Court, has original and exclusive jurisdiction over the following, except:
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a) criminal offenses punishable under the Chain Saw Act (R.A.
b) violation of the NIPAS Law (R.A. 7586) c) violation of the Mining Laws d) violation of Anti-Pollution Laws
- A special administrator may be appointed by a court when:
a) the executor cannot post a bond. b) the executor fails to render an account. c) regular administrator has a claim against estate he represents. d) a Motion for Reconsideration is filed with respect to a decision disallowing probate of a will.
- A defendant declared in default may, after judgment but before finality, file a:
a) Petition for Relief from Judgment; b) Petition for Certiorari; c) Motion for Reconsideration; d) Motion to Set Aside Order of Default.
- With leave of court, a party may amend his pleading if:
a) there is yet no responsive pleading served. b) the amendment is unsubstantial. c) the amendment involves clerical errors of defect in the designation of a party. d) the amendment is to conform to the evidence.
- When a Motion to Quash search warrant is denied, the best remedy is:
a) appeal the denial order. b) file a motion to suppress evidence. c) file an injunction suit. d) file a certiorari petition.
- A court may take judicial notice of:
a) the Twitter account of President Aquino. b) a Committee Report issued by the Congressional Committee on Labor Relations. c) the effects of taking aspirin everyday. d) the arbitral award issued by International Court of Arbitration.
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a) Petitions for Writ of Certiorari and Prohibition; b) Petitions for Writ of Habeas Corpus; c) Petitions for Quo Warranto; d) Petitions for Writ of Amparo and Habeas Corpus.
- C, a convict, was able to get favorable results of a post-conviction DNA testing showing that C could not have committed the crime. To gain freedom, C may:
a) file a petition for Writ of Habeas Corpus before the court of origin. b) apply for full pardon. c) file a Motion to annul judgment of conviction on the ground of fraud. d) file a Motion for new trial under Rule 121.
- X filed a complaint with the RTC through ABC, a private letter- forwarding agency. The date of filing of the complaint shall be:
a) the date stamped by ABC on the envelope containing the complaint. b) the date of receipt by the Clerk of Court. c) the date indicated by the receiving clerk of ABC. d) the date when the case is officially raffled.
- An objection to any interrogatories may be presented within_ days after service thereof:
a) b) c) d)
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The deposition of a witness, whether or not a party, may be used for any purpose if the Court finds the following circumstances are attendant, EXCEPT:
a) when the witness is dead. b) when the witness is incarcerated. c) when the witness is outside the Philippines and absence is procured by the party offering deposition. d) when the witness is 89 years old and bed-ridden.
- One of the exemptions to the general rule that evidence not formally offered shall not be considered is:
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a) in judgment on the pleadings. b) evidence in land registration proceedings. c) evidence lost/destroyed due to force majeure after being marked, identified and described in the record. d) documentary evidence proving a foreign judgment.
- In Petition for Certiorari, the Court of Appeals issues a Writ of Preliminary Injunction against the RTC restraining the latter from trying a crucial case. The Court of Appeals should therefore:
a) decide the main case within 60 days. b) decide the certiorari petition within 6 months. c) decide the main case or the petition within 60 days. d) decide the main case or the petition within 6 months from issue of the preliminary injunction.
- Witness A was examined on direct examination by the prosecutor. The defense counsel however employed dilatory tactics and was able to secure numerous postponements of A's cross examination. A suffered a stroke and became incapacitated. His uncompleted testimony may therefore be:
a) ordered stricken from the record. b) allowed to remain in the record. c) held in abeyance until he recovers. d) not be given any probative weight.
- If the Supreme Court en bane is equally divided in opinion covering an original action, the case shall be:
a) re-raffled to a division. b) original action shall be dismissed. c) The judgment appealed from shall be official. d) again deliberated upon.
- An example of a special judgment is one which orders:
a) the defendant to deliver and reconvey personal property to the plaintiff. b) defendant to execute a Deed of Sale in favor of plaintiff. c) defendant to paint a mural for the plaintiff. d) Defendant to vacate the leased premises.
- At the promulgation of judgment, P, who is bonded, failed to appear without justifiable cause. In order for P not to lose his remedies under the Rules, he must:
