Bar Remedial Law Practice Exam

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• How long is a writ of execution valid from issuance?
• Extrinsic fraud as a ground for annulment must emanate from:
• What is the difference between competence and credibility?
• May the defendant introduce evidence of specific violent acts by the victim? Why?
• Which is one instance where a court may take judicial notice of foreign law?
• Which statement best describes who must sign the anti-forum shopping certification?
• Which of the following is NOT a required condition for applying the Two-Dismissal Rule?
• The viatory right of a witness served with a subpoena ad testificandum refers to which concept?
• Under Philippine law, recognition of a foreign divorce decree may be sought by a petition for recognition.
• If an inquest prosecutor is unavailable, can the bank file a complaint directly with the proper court, and what document may be used as the basis?
• What is the concept of Remedial Law?
• In a murder case, three accused filed a joint motion for reinvestigation and recall of warrants. The RTC denied the motion on the ground that it lacked jurisdiction over the persons. Is the RTC's ruling correct?
• If an accused is charged with a non-bailable offense and is hospital-confined, can the court entertain a petition for bail if the accused submits to the court while confined?
• What is a reverse trial in civil and criminal contexts?
• What best describes the writ of habeas data?
• What does the 'one day examination of a witness' rule provide?
• Before arraignment, may the court grant a motion to amend to exclude a co-accused, and if so, what must be done?
• Under the discovery framework, which statement is true?
• What are the modes of appeal to the Supreme Court?
• A bill of particulars may be availed of in civil actions for matters that are not averred with sufficient definiteness to prepare a responsive pleading. When must a party file a bill of particulars for a reply?
• If a criminal case is dismissed on nolle prosequi before trial, can it be subsequently refiled?
• Maximo sues Pedro for the recovery of a car part of the estate. A witness testified to an agreement about rent before death. Should this testimony be admitted?
• Which option correctly describes the proper remedy for an error of jurisdiction?
• Which statement best describes the precautionary principle under the Rules of Procedure for Environmental Cases?
• In a bigamy case, should the motion to suspend the criminal proceedings on the ground of prejudicial question be granted or denied?
• In a cancellation of title suit where a mortgage is annotated on the TCT, who is an indispensable party?
• In a quo warranto action against an election registrar, if removal without cause is alleged and the official continues to exercise the functions, which remedy is proper to challenge occupancy of the office?
• What is the rule on the admissibility of electronic evidence?
• Should the objection to admission of photocopies be sustained under the best evidence rule in a contract case about existence?
• Object evidence is described as which?
• Why does the death of a co-accused not extinguish conspiracy charges under RA 3019?
• Which statement about bail in extradition proceedings is correct?
• In stop-and-frisk, which conditions must be met?
• Was the writ of execution proper in the case where a money judgment was entered against a deceased defendant and substituted administrator was appointed?
• If a party could have pleaded a ground in the first action but did not, what is the effect on a second action on that ground?
• In a trial for annulment under the Family Code, a doctor who treated W testifies. Is the doctor’s testimony admissible?
• Juancho pleaded guilty to homicide. The court later allows evidence of mitigating self-defense and acquits. May the Prosecution challenge the acquittal without violating the constitutional protection against double jeopardy?
• Which statement best distinguishes a question of law from a question of fact?
• How shall the Rules of Court be construed?
• Under the 2019 amendments, may a party file a second motion for reconsideration of a final judgment or final order?
• In a petition for review on certiorari under Rule 45 that was dismissed for failure to pay docket fees within the reglementary period, is Kat's counsel correct that the dismissal nugatory the right to appeal?
• Can electronic documents be authenticated through mutual communications between parties?
• What did the Concorde Condominium Inc. v. Baculio decision establish about special commercial courts?
• When is testimonial evidence formally offered?
• In an action filed by A against B and C, can B file a cross-claim against C for the amount of PHP 200,000? Can C file a third-party complaint against D for PHP 100,000?
• Under AM No. 21-06-08-SC, what must be stated in an application for a search warrant before an executive judge?
• Is the court correct in allowing Rox, a 9-year-old, to testify despite tender age?
• Which statement correctly distinguishes documentary evidence from object evidence?
• May the court order production and inspection of the original promissory note under Rule 27?
• How can A take the testimony of Y and present the documents as exhibits other than through the subpoena from the RTC?
• Which court generally has jurisdiction to probate a holographic will?
• For CIAC arbitral awards, where may a party challenge a factual issue by grave abuse of discretion?
• How may Nestor's heirs settle the estate if there are no debts and all heirs are of legal age?
• If the chain of custody is broken, what is the likely consequence for the case?
• If a plaintiff does not file a reply to an answer that contains new matters, what is the general effect on those new matters?
• Cicero case: Is the arrest and body search legal?
• Can a court lose jurisdiction over a case after its decision has become final and executory?
• Under the Totality Rule, when is jurisdiction determined by the aggregate amount claimed in a set of money-recovery actions that are properly joined?
• In an Anti-Graft case where one co-conspirator dies, should the motion to terminate the investigation be granted or denied?
• In an admiralty case, on what ground can Y refuse to comply with a subpoena duces tecum?
• The fresh 15-day period to file a notice of appeal in the RTC after denial of a motion for reconsideration or motion for new trial starts from:
• If a party fails to comply with the forum shopping certification requirement in initiatory pleadings, what is the usual court-ordered remedy?
• In a case where the trial court convicts of Homicide instead of Murder due to absence of treachery and the conviction is appealed, the trial court's bail application after verdict changing the offense from non-bailable to bailable: does the RTC have jurisdiction to act on the bail petition?
• What accompanies the witness's signature in a judicial affidavit?
• Mary Jane seeks to marry Sultan Ahmed after discovering a false entry of marriage to John Starr. What remedy should she pursue?
• In a 2004 BAR scenario, XYZ is charged with child prostitution and wife ABC testifies and file affidavits against her husband. May the court admit ABC’s testimony and affidavits in light of espousal confidentiality?
• For questions of fact in CIAC arbitral awards after Ross, where may the remedy be sought?
• Which warrant authorizes listening to, recording, monitoring, or surveillance of the content of communications during transmission?
• Is rape considered a capital offense for purposes of requiring a searching inquiry into the voluntariness of a guilty plea?
• In a case where a photocopy of the acknowledgment receipt was offered to prove the amount of damage, should the court have admitted it or not?
• What does an indeterminate sentence mean?
• Which of the following is the correct description of a Warrant of Seizure?
• Which of the following is a duty enjoined on the guardian and covered by the guardian's bond?
• Under the rules, which trait may impeachment by reputation concern?
• During pre-trial, Bembol personally offered to settle the case for P1 Million to the private prosecutor. Is this offer a judicial admission of guilt?
• In the detention scenario involving Hercules, what remedy should he file to secure his immediate release from detention?
• The decision of the Court of Tax Appeals Division may be appealed to the Supreme Court directly on questions of law by:
• In the Colin scenario, will a petition for habeas data prosper to protect his security of tenure?
• In a case for recovery of real property, if the defendant's answer does not deny the sale and the plaintiff attaches the deed of sale as annex, what judgment may the court render?
• Which is NOT a requisite of a dying declaration?
• In a guardianship proceeding, is a demurrer to evidence proper?
• Under Section 5 Rule 113, what constitutes 'just committed' and 'personal knowledge'?
• In a multi-sala RTC, who may issue a TRO immediately for 72 hours?
• Under rules on special proceedings, is a petition for habeas corpus the proper remedy for illegal deprivation of liberty when prisoners are transferred to an external facility?
• Edmond's buy-bust, documents signed during custodial investigation are challenged as fruit of the poisonous tree. What is the likely ruling?
• In a buy-bust operation, photocopies of confiscated marked money are offered; should the trial judge sustain the objection under the best evidence rule?
• An information for acts of lasciviousness alleges that the accused committed sexual abuse by raping his daughter or by committing acts of lasciviousness, without specifying which subsections of the statute were violated or the acts and omissions. What ground or grounds can be raised to quash?
• In a probate action involving a non-resident testator, which jurisdictional fact must be alleged in the petition?
• Which statement correctly describes jurisdiction for charges arising from an armed robbery on a moving public bus traversing Makati?
• In a case where a plaintiff is in default on a counterclaim due to failure to seasonably file an answer, was the plaintiff validly declared in default? Why?
• When an additional defendant is impleaded, is it necessary that summons be served upon him?
• Mark filed a complaint for refund with BIR; CTA division dismissed; Does the Court of Appeals have jurisdiction over his petition?
• In a case for specific performance and damages, plaintiff presented photocopies of contracts; should the objection under the best evidence rule be sustained?
• Electronic documents are included under which term when referenced in the rules governing admissibility?
• The 15-day period to file a motion for reconsideration applies to reconsideration of which order or judgment?
• Which statement correctly contrasts demurrer to evidence in criminal and civil cases?
• Does the Marital Disqualification Rule include the testimony of an estranged spouse?
• Harmless Error Rule in relation to appeals?
• Which statement correctly distinguishes burden of proof from burden of evidence?
• Which jurisdictional facts must be alleged in a petition for probate of a will?
• The death of a party’s counsel during trial and failure to inform the court constitutes which type of contempt?
• When is an appeal from the RTC to the CA deemed perfected as to the appellant?
• Will a petition for mandamus lie to compel the Secretary of Foreign Affairs to convene neighboring countries to find diplomatic solutions to enforce the Arbitral Award relating to the West Philippine Sea?
• In a lease dispute, if the RTC is asked to dismiss a case for lack of jurisdiction where the claim is 300,000, should the case be dismissed on that basis?
• In a promissory note case, Ramon sues Harold. Harold’s answer is unverified and he denies the genuineness of the note. Ramon wants to offer an NBI handwriting expert to prove forgery and a witness to show lack of consideration. May Ramon validly object to the forgery testimony? What about the lack of consideration?
• If they do not qualify under Rule 141, what other remedy can they seek to be exempt from filing fees?
• May the court require a witness to post bail?
• Which is NOT an exception to the hearsay rule?
• Under Sec. 7, Rule 117, when upgrading a charge after a plea, which condition(s) may allow a second prosecution without violating double jeopardy?
• Regarding compromise during pre-trial, which statement is accurate?
• Where should the probate proceeding on the estate of a resident of Malolos, Bulacan, who left an estate in Manila valued at P200,000 be instituted?
• Is Ramil's offer to settle the case admissible in evidence to prove guilt?
• Which of the following is a form of bail?
• A private document may be offered and admitted as both documentary evidence and as object evidence. Which defines object evidence?
• In a sum of money case, Exhibit A (a letter of demand) was admitted in evidence without objection. Was the admission erroneous?
• If in a civil case a demurrer to evidence is denied, what is the effect?
• 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. What is Atty. X's proper remedy?
• Which of the following is NOT an allowed basis for warrantless arrest?
• TRUE or FALSE: In the exercise of its original jurisdiction, the Sandiganbayan may grant petitions for the writ of habeas corpus.
• Should a complaint for unlawful detainer be verified when filed in the Regional Trial Court under the Revised Rules on Summary Procedure?
• Is the victim's statement made while in critical condition admissible as a dying declaration?
• In a case for the annulment of a Deed of Real Estate Mortgage, where may the action be properly filed?
• If the last day to file a notice of appeal falls on a holiday and a motion for extension is filed but not acted upon, and a notice of appeal is later filed, what is the result?
• Under the 2004 Guidelines on Pretrial and Deposition-Discovery Measures, what does the 'most important witness' rule require a judge to do at the pretrial conference?
• In a case where a plaintiff’s claim and the defendant’s counterclaim involve the same transaction, is a counterclaim that is compulsory and arises from the same transaction required to be answered?
• In defending a complaint for warrantless search, which defense should counsel raise?
• What is the remedy when a necessary party is omitted from a case?</n>
• Under the Sandiganbayan, is suspension mandatory when the information is valid after a pre-suspension hearing?
• Which statement is a valid exception to the spousal testimony prohibition?
• If representing a landowner who wants to eject a tolerator who stays on the property, which action should be filed, where, and in what court?
• Under Article 1144, is the 10-year prescriptive period for actions upon judgments applicable to foreign judgments?
• Which statement accurately describes injunction as an ancillary remedy?
• Death of Gov. Matigas occurred before information was filed; Is the Motion to Quash tenable?
• Are the text messages admissible in evidence in the disbarment case described, and why?
• What are the two modes of appeal from the RTC to the CA?
• In CIAC arbitral awards, pure questions of law should be brought to which forum?
• How can Mike stay the execution of the MTC judgment in ejectment?
• Rule 3, Section 16 of the Rules of Court provides a remedy when no legal representative is named for the deceased party. What is that remedy?
• If a defendant fails to answer a request for admission within the time prescribed and the request seeks admission of all material allegations in the complaint, what remedy should the plaintiff pursue?
• In disputes involving execution pending appeal, can a party challenge the RTC’s order via certiorari without violating the rule on forum shopping, according to the Philippines Nails and Wires decision?
• Which option is NOT a part of a judicial affidavit as per Sec. 3, A.M. No. 12-8-8-SC?
• Which is the proper appellate route to the Supreme Court after a Court of Tax Appeals en banc decision on questions of law?
• A defense counsel for Angela Bituin seeks a pre-trial remedy for lack of preliminary investigation; what is the remedy and how should it be availed?
• What is the term for the final dispositive portion of a court's decision?
• Illegality of arrest in the 2000 BAR scenario: after arraignment, how is the objection treated?
• For a Petition for Review to the Court of Appeals under Rule 42, what is the maximum extension beyond the initial fifteen days?
• Which statement about the admissibility of birth certificates and letters as declarations about pedigree is correct?
• Is the second unlawful detainer case barred by res judicata if the first judgment lapsed into finality but was not enforced and possession was tolerated before?
• Vida and Romeo are married. In a criminal case for serious physical injuries by Romeo against Selmo (Vida’s son), Vida testifies as eyewitness. Is the objection based on marital disqualification valid?
• In People v. Dela Cruz, the information states 'by either raping her or committing acts of lasciviousness' without specifying the exact act or statute violated. What defect does this illustrate?
• In an RTC original action, a counterclaim for damages arises from the plaintiff’s complaint and the counterclaim amount is below the RTC’s ordinary jurisdictional threshold. Should the counterclaim be dismissed for lack of jurisdiction?
• When a judgment of acquittal is entered as a result of a demurrer to evidence, which remedy is available to the prosecution to challenge it?
• Before arraignment, an accused in a case may file a petition for bail. Is arraignment a prerequisite to the bail hearing?
• In a murder case, the defense objects to asking about the defendant’s prior arrest for anti-graft on the ground of irrelevance. What is the proper ground for admissibility?
• Is a 9-year-old generally competent to testify?
• Can the judge rely on the prosecutor's resolution when determining probable cause for a warrant without personally evaluating the documents?
• Honey files a complaint for specific performance without a certification against forum shopping. After a motion to dismiss, Honey attaches an amended complaint with the required certification. How should the judge resolve the motion if asked to decide now?
• Which statement correctly contrasts a temporary restraining order with a status quo order?
• A suit for injunction is an action in rem or in personam?
• Remedial Laws are implemented in our system of government through which pillars?
• Under the original document rule, a duplicate is admissible to the same extent as the original.
• Which court has jurisdiction for forcible entry when possession was dispossessed by stealth?
• Which statement correctly distinguishes a judgment from an opinion of the court?
• Under the statute on non-claims, which requirement is correct?
• Did the RTC properly dismiss Ivanka's appeal for failure to file the required memorandum?
• In an unlawful detainer action, a landlord files a motion to declare the defendant in default. Should this motion be granted?
• In the case of an order denying a Motion to Dismiss, is the 15-day period to file a motion for reconsideration applicable?
• What may the court do if bail is a matter of right?
• What is the effect of publication in extrajudicial settlement on heirs who had no knowledge?
• Do spouses with a combined gross monthly income of 30,000 qualify as indigent litigants under Sec. 19, Rule 141?
• In complex crimes, which court has jurisdiction?
• What is the consequence if a court denies a bill of particulars and the plaintiff does not comply with the order?
• In an extradition proceeding, should the court grant an arrest warrant and admit bail for an extraditee who seeks to avoid flight pending extradition?
• In a case where the defendant’s secretary received the summons, there was no prior attempt to serve personally. Was there proper service of summons on the defendant?
• X was notified of promulgation of judgment on 10 December 1996 but was absent due to attending another criminal case in Tarlac; can the trial court order the arrest of X?
• Injunction as main action, what is its objective?
• In a homicide case, if a witness testifies that the accused admitted to killing the victim, how should the court rule on a hearsay objection?
• In a writ of execution where a third party C claims ownership of seized property, is C properly impleaded to be liable under the judgment against A?
• In a complaint for recovery of real property, if the defendant's answer denies the sale for lack of knowledge, is it proper for the court to render judgment without trial?
• Which of the following is NOT an instance when a Philippine court may take judicial notice of a foreign law?
• Which of the following actions falls under the exclusive original jurisdiction of the Regional Trial Courts (RTCs) based on real property value alone?
• Ten days after service of summons, a defendant files a motion to dismiss on improper service. The court denied the motion immediately. How should the judge rule?
• In a murder case, eyewitness Chelle identifies Erika as the shooter; Ly's body and the gun are not recovered; is it proper to demur to evidence on corpus delicti and paraffin test grounds?
• May res judicata be a defense in an action for support when a prior case was dismissed with prejudice due to compromise of the right to support?
• What is the rule against splitting a cause of action and its effect?
• In the case involving Mayor Dalupan, who was convicted of violating Section 3(e) of RA 3019, a Rule 65 petition for certiorari was filed to overturn the Sandiganbayan ruling. Is this remedy correct given that an appeal to the Supreme Court from the Sandiganbayan judgment is available?
• May a lay witness testify about impressions of a person's emotions, behavior, or appearance?
• In an unlawful detainer case with position papers, photocopies of official receipts and affidavits are attached; on what basis would the court render judgment?
• Which option best defines hearsay for purposes of admissibility?
• In a criminal case, Atty. L offered an affidavit describing what he witnessed during the incident. The defense seeks cross-examination of him, claiming lawyer-client privilege. How should the court rule?
• In a breach of contract of carriage action, is it necessary to prove negligence and proximate cause to prevail?
• If the Supreme Court en banc is equally divided in opinion in an original action, what shall the Court do?
• Which pieces of electronic evidence are required to prove the fraudulent online plane ticket transaction?
• A cross-claim is a claim filed by one party against a co-party arising out of the transaction or occurrence that is the subject matter of the original action. It may include a claim that the co-party is liable to the cross-claimant for all or part of the claim asserted against the cross-claimant. What is a key requirement for a cross-claim?
• Under Sec 6, Rule 46, the Court of Appeals may conduct a hearing to resolve factual issues and may delegate the reception of evidence to an appropriate agency. Which option best describes this power?
• If a person changes name under Rule 103, what is the effect on legal capacity or citizenship?
• Under Rule 70, when is a supersedeas bond necessary to prevent immediate execution in an ejectment case?
• Which of the following constitutes the requisites for the issuance of a writ of preliminary injunction?
• Summons by publication in Bulgar satisfies the summons requirement when the defendant is not found in the Philippines if copies are sent by registered mail to the last known address.
• If a judgment is alleged to be procured by extrinsic fraud, which remedies are available after finality?
• When is object evidence formally offered?
• In narcotics prosecutions, chain of custody principle best describes which statement?
• In a judicial affidavit, how should the questions and answers be presented?
• Lani filed a partition and accounting suit against Mary Rose in the RTC. Mary Rose is not found in the Philippines but resides in Singapore. Does the court have jurisdiction?
• Which mechanism allows determining paternity through DNA testing?
• Where should a petition for cancellation or correction of civil registry entries under Rule 108 be filed?
• If the last day to file a notice of appeal falls on a legal holiday and counsel moves for an extension (which is not allowed) and then files the notice of appeal after the holiday, should the appeal be dismissed?
• Are the notes and memoranda prepared by counsel in the course of representing a client privileged from discovery?
• Is the offer by A to pay the hospitalization expenses admissible in evidence?
• In a case where a defendant is declared in default before judgment, what remedies are available to him before judgment?
• In a case involving a dispute over ownership of land, the defendant dies during the proceedings and the judgment is entered against the deceased. As counsel for the heir, what course of action would you take?
• Under the Law on Evidence, an admission by a party is admissible against that party as an exception to the hearsay rule. Which statement expresses this?
• If bail is a matter of right, can the court deny bail on the ground that the accused will likely abscond?
• If oral evidence is excluded, what must the offeror do to preserve the record?
• Are trade secrets discoverable under Rule 27?
• If a co-accused dies during investigation for conspiracy under RA 3019, what should the court do about the motion to terminate?
• Where is the proper venue for the probate or judicial settlement of the estate of a decedent who was an inhabitant of the Philippines at the time of death?
• Amorsolo v. Brigido scenario: The ground that the court cannot acquire jurisdiction over the person is without merit; jurisdiction attaches upon filing.
• Under the Rules on the Writ of Habeas Data, what is required to file?
• In the scenario where a defendant (K.J.) was declared in default for failure to file an answer, and later filed an unverified motion to lift the default attached to his verified answer, will the motion to lift prosper?
• How is the authenticity of a private electronic document established?
• What are the essential requisites of res judicata (double jeopardy) in civil cases?
• Electronic documents are admissible if they comply with the rules and are authenticated in the prescribed manner; true or false?
• When is an electronic document considered the equivalent of an original under the Best Evidence Rule?
• After finality of judgment, which of the following represents available remedies?
• What is corpus delicti?
• In a controversy over extrajudicial foreclosure, a second case is filed seeking damages in addition to the void foreclosure. Will the second case be dismissed on lis pendens grounds?
• What are the requirements for substituted service in a strictly in personam action?
• May the warrant of arrest be quashed on the grounds cited by Rapido's counsel? State your reason for each ground.
• Distinguish bar by prior judgment from conclusiveness of judgment. Which statement is correct?
• Under Local Government Code rules on barangay conciliation, when is barangay conciliation mandatory?
• Under Philippine law, when may a spouse testify without consent in a criminal case?
• In a homicide trial, defense counsel seeks to impeach a prosecution witness by asking about the witness's general reputation for aggressiveness and violent tendencies. Should the prosecutor interpose an objection?
• The reglementary period in filing a Petition for Certiorari under Rule 65 is not later than how many days from notice of judgment, order, or resolution?
• In a scenario where A was declared in default for failure to file an answer, and the motion to set aside is filed after discovery and before receipt of the default order, what is the proper ruling?
• In the context of red-tagging of party-list representatives, is habeas data the proper remedy?
• Distinguish a Complaint from an Information: which statement is correct?
• Where should an action for judicial foreclosure of a real estate mortgage be filed if the mortgaged property is located in Quezon City?
• Under the Family Courts Act, when may the identity of parties in child and family cases be divulged?
• Which option correctly reflects the appellate pathway for CTA decisions under RA 9282 Sec 11?
• Under Rule 70, can X contest an ejectment on the ground that there was no prior demand to vacate?
• Policemen retrieved a package of shabu from a patient during surgery with surgeon consent. Is the package admissible as evidence?
• If the answer in a civil action attaches a contract and the plaintiff does not file a reply denying the genuineness and due execution of the lease, what is the effect?
• The filial privilege may be waived. Is that statement true?
• Can the widow and her children extrajudicially settle the estate when the decedent left a will?
• Amendments impleading new defendants have what effect on prescription?
• In Alvarez v Ramirez, when might the marital disqualification rule not apply to testimony by a spouse?
• In a homicide case, may the prosecution introduce evidence that the victim had a good reputation for peacefulness and non-violence? Why?
• Is the offer by the defendant’s insurance carrier to pay for injuries and damages admissible in evidence?
• Summons was served on 'MCM Theater,' a business entity with no juridical personality, through its office manager at its place of business. Did the court acquire jurisdiction over MCM Theater's owners?
• After substitution of the deceased defendant with the executor or administrator, how may a final judgment be enforced?
• What is the effect of the rule against splitting causes of action when multiple suits are based on the same cause?
• In a 1999 dispute, did the RTC have jurisdiction to approve a compromise before transmittal of records?
• How else may the plaintiff obtain the testimony and documents if not via subpoena?
• AX was charged with theft; after trial the court convicted of theft even though evidence showed the offense was estafa. Is the judgment valid, and is it reviewable through certiorari?
• Certiorari under Rule 65 is proper to review a trial court's order when there is grave abuse of discretion and there is no plain, speedy remedy. True or False?
• Which warrant authorizes searching a particular place for items to be seized and/or examined?
• In a habeas corpus petition brought by the live-in partner of a detainee, does the partner have personality to file?
• Can the preliminary attachment in favor of a claimant be dissolved for irregular enforcement?
• When a defendant pleads guilty to a capital offense, what must the judge do?
• The jurat in a judicial affidavit is signed by whom?
• Under RA 9282 Sec. 11, decisions of a division of the Court of Tax Appeals are appealed to which body?
• The Harmless Error Rule should be applied such that an appellate court will reverse a judgment solely because there is any error.
• Res inter alios acta allows testimony about similar incidents to prove what?
• Which statement about the publication requirement for extrajudicial settlement is correct?
• In default of parents, the court may appoint a guardian for a minor giving first preference to which of the following?
• Can interrogatories to the administrator be served in probate proceedings, absent any special provisions?
• A creditor has two loans from a borrower, payable on different dates. Is joinder of these two loans in a single complaint mandatory?
• Mariano seeks release from the National Penitentiary after his conviction for rape and marriage to Victoria under RA 8353. What remedies should counsel consider?
• Under venue rules, what is proper venue for probate when the decedent is a non-resident with estate in a province?
• A complaint for Php 1,500,000.00 for money claims should be filed in which court under the traditional scheme?
• Gail's appeal from MeTC to CA: what was incorrect about the mode of appeal?
• Can John testify about a confidential psychiatric evaluation of his wife in a civil case for declaration of nullity?
• In extradition proceedings, should the court grant an arrest warrant and bail for an extraditee?
• Cain was indicted for Murder and, after arraignment, pleaded guilty. The RTC accepted the plea and directed the prosecution to present evidence, but the prosecution failed to present any evidence and the court found Cain guilty based solely on the plea. Is the conviction proper?
• What is the consequence if the defendant unjustifiably fails to appear at the pre-trial?
• In a petition for probate of a will, can the court dismiss the petition for failure to allege earnest efforts toward a compromise?
• Distinguish between substantive law and remedial law.
• D was charged with theft of a P15,000 article. He asked to change his plea to guilty to estafa involving P5,000. Is the court allowed to grant the change?
• Under Rule 25, how must interrogatories to parties be answered?
• Is a second petition after a prior judgment on psychological incapacity barred by res judicata?
• Who may file a petition for habeas corpus?
• Partition is an action quasi in rem.
• If the court convicts for theft when the proven offense is estafa, what should the judge have done regarding the information?
• Karina filed a petition for change of name before the RTC. Will it prosper?
• Final writ of injunction after trial: the applicant is entitled to have the act or acts complained of:
• During pre-trial, Mayor TM’s defense counsel withdraws from a Joint Stipulation of Facts that admitted all prosecution documentary evidence. Should the court grant or deny the motion to withdraw?
• If a case charging slight physical injuries does not plead that the offense was committed after unlawful entry as an aggravating circumstance, what must be done to correct the deficiency?
• Is evidence of the accused's prior homicide conviction admissible to attack the accused's character for sexual assault?
• In a civil case involving nullity of marriage, which statement correctly describes the parental privilege?
• In Maximo’s case, the witness Mariano testifies about a pre-death agreement between Maximo and Juan. Is Mariano disqualified to testify under Sec. 39, Rule 130 ROC?
• Under Rule 47 of the Rules of Civil Procedure, the petition for annulment of judgment may be based on which grounds?
• Under the Totality Rule, when is jurisdiction determined by the aggregate amount claimed for causes of action joined for money recovery?
• Fides filed a case challenging the LGU's authority to assess real property taxes. The LGU argues the remedy is to file with Local Board of Assessment Appeals. Is the LGU correct?
• Deposition under Rule 23 may be taken by which methods?
• When is a petition for relief from judgment available?
• Compare certiorari jurisdiction: The Constitution provides expanded certiorari jurisdiction; Rule 65 narrows to lack or excess of jurisdiction and sets a 60-day filing period. Which statement is correct?
• A certiorari petition under Rule 65 is filed on the 65th day after notice of judgment. Is it timely?
• When is documentary evidence formally offered?
• Is a printout from a mobile phone showing a photo admissible as an original in a damages action?
• In a corruption case, the assistant city prosecutor's lack of authority to file the information was raised; is that a jurisdictional defect that cannot be cured?
• Which statement correctly distinguishes action from cause of action?
• During trial, which remedy allows evaluation of the prosecution's evidence without presenting defense evidence?
• In an unlawful detainer case, is a motion to declare the defendant in default allowed under the Rules on Summary Procedure?
• In a murder information that alleges treachery in broad terms but does not specify the facts establishing treachery, should the accused be granted a motion to quash for lack of conformity to the prescribed form?
• Does the Court of Appeals have jurisdiction to review the Decisions in criminal and administrative cases of the Ombudsman?
• In criminal cases involving a quasi-offense, an offer to compromise is admissible as an admission of guilt?
• During a warrant service, marijuana leaves were found in a nipa hut 30 meters away from the house, wrapped in newsprint. If the warrant only described the house, the motion to suppress should be granted because
• What is the test to determine whether two causes of action are identical?
• For a Petition for Review on Certiorari to the Supreme Court under Rule 45, the extension by proper motion may be up to how many days?
• Was the objection that the marijuana found 30 meters away from the house, outside the described search location, valid?
• In a sum of money case, substituted service on the defendant's secretary is proper only if there were prior earnest efforts to personally serve the defendant. Which statement is correct?
• In a Pangasinan civil action for damages arising from a crime occurring in Bulacan where the criminal case was filed in Bulacan, can the civil action proceed separately in Pangasinan?
• Which of the following best describes the scope of attorney-client privilege?
• Which of the following is NOT a mode of discovery under the Rules of Court?
• What is the proper remedy and filing court to remove informal settlers who entered the property by stealth?
• A witness testifies about similar incidents with a former employer to prove the defendant's habit of stealing. Under the res inter alios acta rule, this evidence is:
• After DOJ reversed probable cause and ordered withdrawal of the information, what should the private prosecutor do?
• If information charging a person with homicide is filed in the RTC-Manila and the person is arrested in Quezon City, in which court(s) may the person apply for bail?
• Circumstantial evidence is sufficient for conviction when which elements concur?
• In a habeas corpus case, the reglementary period to file a Notice of Appeal to the Court of Appeals from the denial of the motion for reconsideration is within:
• Which scenario makes bail a matter of right?
• Learned treatises are recognized as what kind of exception to hearsay?
• In an action against an entity without juridical personality, service may be effected through its office manager. Which statement is true regarding binding effect?
• What is the doctrine of hierarchy of courts?
• Is a petition for habeas corpus tenable when the warrant of arrest was issued by a court with jurisdiction?
• If a party desires to present photocopies of the original documents, under what provisions of Rule 130 must the party justify?
• What best describes an interlocutory order?
• Under Sec. 12, Rule 124, the Court of Appeals has the power to try cases and conduct hearings, receive evidence, and resolve factual issues within its original and appellate jurisdiction. True or False?
• If a holographic will is contested, how many witnesses must declare handwriting to establish authenticity?
• Was the Court of Appeals correct in modifying the judgments as to Alex and Gabbie to Murder when Bobbie appealed and the other two did not?
• Is the confiscation of pornographic materials by the city mayor proper?
• In a contractual money-claim case, the defendant dies during the pendency of the action and the trial court has granted a preliminary attachment. Should the court dissolve the attachment or proceed to dismissal?
• A, who was adopted by B and C, files a petition to change his name. If the RTC grants the change, what is the effect on his relations with his adoptive and natural parents?
• In the context of a paternity dispute, which proceeding may the heirs use to impugn filiation?
• In a theft case, may evidence of the accused's bad moral character be admitted during rebuttal, after the prosecution introduces evidence of good character?
• A status quo order is characterized as a cease-and-desist order that does not require a bond.
• After a plaintiff obtained a MeTC decision; the defendant dies during appeal; counsel files a death certificate and cannot substitute heirs. What remedy should the plaintiff seek to move the case forward and recover the money?
• Is a pre-trial order mandatory in every criminal case, or can it be dispensed with if the parties sign a Joint Stipulation of Facts?
• Which describes a declaration against interest as an hearsay exception?
• Who may subscribe a complaint in a criminal case?
• Is the issuance of a search warrant by the PDEA through an executive judge valid if there are no stated compelling reasons?
• What is the residual or catch-all exception to the hearsay rule?
• If a judge sustains an objection and the requesting counsel wants reconsideration, what should they do?
• If a demurrer to evidence is granted in a civil case, what is the appellate consequence?
• In a dispute over a will that disinherits an heir for disrespectful conduct, which statement best supports the other party’s position?
• In a rape case where a private individual wants to initiate the complaint, is initiation by a friend permissible under the Anti-Rape Law?
• Failure of counsel to inform the court of a party’s death during trial constitutes which type of contempt?
• Ms. Dumpty files a regular appeal of an RTC decision and, while that appeal is pending, files another case in the Court of Appeals challenging the RTC order on execution pending appeal. Is there a violation of the rule against forum shopping?
• A case filed in a special commercial court for a non-commercial matter was inadvertently raffled to that court. What is the correct principal rule regarding the court’s jurisdiction to hear non-commercial cases?
• In an annulment of marriage case, if the defendant's answer admits all allegations, may the plaintiff move for judgment on the pleadings?
• Which case holds that recognition of a foreign divorce decree may be sought by a petition for recognition independent of Rule 108?
• Are attorney notes and memoranda in the course of representing a client privileged from discovery?
• In a guardianship case, is a demurrer to evidence proper after the party has presented evidence?
• What shall be considered as proof of service of the motion for reconsideration served by accredited courier?
• Which rule governs petitions for review of RTC decisions when the RTC acted in its appellate jurisdiction?
• In a default case, after a petition for relief is dismissed, should the movant's request for execution be granted?
• May a preliminary injunction be issued ex parte?
• What is the object of a judgment nunc pro tunc?
• Which statement qualifies as res gestae admissible evidence?
• In a petition for declaration of nullity of marriage on psychological incapacity, can a later ground (absence of license) be barred by res judicata?
• If the accused repeats an uncounseled extrajudicial confession implicating a co-accused, is the testimony admissible against the latter?
• Which statement best distinguishes competency of a witness from credibility of a witness?
• Did the Court of Appeals act correctly in remanding a habeas corpus petition to the Regional Trial Court when it has concurrent original jurisdiction?
• Differentiate a derivative suit from a class suit.
• In an ejectment case, the Court of Appeals' dismissal as moot due to the sheriff’s eviction is proper or not?
• In a torture case, the defense objects to identifying the affiant's affidavit as fruit of the poisonous tree. Is the objection sustainable?
• Tony knows the facts but cannot recall; a written record is provided; he has never seen the writing before. Is the written record admissible as past recollection recorded?
• Which statement correctly describes bond requirements for a preliminary injunction?
• What is the term for an order that retroactively dates a judgment or other document so it is recorded as if issued earlier?
• When may a party be declared in default in the Philippines Rules of Court, and what is the effect of an Order of Default?
• After an answer has been filed, can the plaintiff amend his complaint by changing entirely the nature of the action?
• To the same scenario, will a writ of mandamus lie to compel Ombudsman to include treasurer in the information?
• Private documents may be offered as documentary evidence, as object evidence, or both. Which statement is correct?
• A defendant files a counterclaim against the plaintiff’s counsel, alleging malicious instigation of the suit. Should the plaintiff’s counsel’s motion to dismiss that counterclaim be granted?
• What is the effect of failure to file and serve written interrogatories on an adverse party?
• What is the time limit to file a forcible entry action after discovery of dispossession?
• After formal submission of evidence, can a party recall a witness?
• Under RA 8974, what must be deposited before the government may take possession of land through expropriation?
• If a party ignores a court order to produce documents, what remedy may the other party seek?
• Which conviction triggers automatic review by the Supreme Court?
• In Ty v. Trampe, when a taxpayer challenges the LGU's authority to assess real property taxes, is appeal to the Local Board of Assessment Appeals required or may the case be filed directly in court?
• In a bicycle race incident, is the inquest prosecutor's filing of the information without preliminary investigation proper?
• Which of the following is an actionable document for purposes of Rule 8, Sec. 8 when a written instrument is the basis of the action?
• In res judicata analysis, the fact that a ground could have been raised in the first petition demonstrates which rule?
• Under Rule 65, certiorari is best described as which of the following?
• In a case where a gun obtained through an unlawful search is used in trial, what is the correct principle about its admissibility and the conviction?
• Under the original document rule, when the contents of a document are the subject of inquiry, what is required?
• Which statement correctly describes when extrajudicial settlement of an estate is permitted?
• In a case where a judgment awards moral and exemplary damages, is an order of execution pending appeal proper?
• Which statement correctly distinguishes preponderance of the evidence from substantial evidence?
• Under Article 171 of the Family Code, in which situations may the heirs of the husband impugn the child's filiation?
• A 16-year-old orphan asks how to respond to acts of lasciviousness by her uncle. Which advice is correct?
• In redirect examination, may the proponent ask questions on matters not dealt with during cross-examination?
• Noel was charged with frustrated homicide for multiple stab wounds. He pleads guilty; later the victim dies. Prosecution moves to amend the information to upgrade to consummated homicide within 15 days. Does this amendment place him in double jeopardy?
• What is the proper probative value of an affidavit of recantation?
• After pleading not guilty at arraignment, a challenge to the legality of a warrantless arrest is generally deemed waived. True or False?
• If foreign law is not pleaded or not proved, what is the presumption about it?
• A buys a Volvo Sedan from ABC Cars for 5.0M. Before delivery, upholstery damaged by ABC Cars or XYZ Detailing. Who can A sue and on what causes of action?
• Name a ground to quash an Information.
• If no competent witness is available to prove the handwriting of a holographic will, what may the court do?
• Under res judicata, a judgment is conclusive not only as to the matter directly adjudged but as to any other matter that could have been raised in relation thereto. Which statement expresses this rule?
• If a demurrer to evidence is granted and the prosecution’s motion for reconsideration is denied, what is the proper remedy for the prosecution?
• What is writ of amparo, and how does it differ from writ of habeas corpus?
• In an unlawful detainer case, should a motion to declare the defendant in default be granted?
• In a case with two Informations, one for Reckless Imprudence Resulting in Homicide and Damage to Property and another for Reckless Imprudence Resulting in Slight Physical Injuries, the defendant pleads guilty to the latter and is punished; later the homicide case goes to arraignment. Should double jeopardy bar the homicide prosecution?
• Is the position that nighttime service of an arrest warrant is illegal tenable?
• Mr. W, charged with rape, requested to plead guilty conditionally with a reduced sentence and the judge entered a guilty plea. Is this proper?
• Under Republic Act 11576, what is the new jurisdictional limit for first-level courts in civil actions?
• If the action is for recovery of money arising from a contract and the defendant dies before final judgment, what happens?
• If the attachment debtor posts a counterbond, has he waived any claims for damages arising from the attachment?
• Which of the following is an advantageous feature of filing a writ of kalikasan?
• If the private prosecutor did not reserve a separate civil action for damages in a criminal case for Reckless Imprudence, may the victim still file a separate civil action for damages in another court?
• What is the proper procedure to prevent Dina from leaving the Philippines if an information is filed against her?
• Which statement best describes mandamus when seeking to compel government action?
• Is the plaintiff in a separate civil action for damages guilty of forum shopping when the criminal action is filed for the same incident?
• What is required to authenticate a private electronic document?
• Mr. H filed a complaint against Mr. I to recover PhP 500,000. Mr. I interposed a counterclaim for rental arrearages also PhP 500,000. Mr. I did not pay filing fees at filing. Should Mr. I's counterclaim be dismissed?
• In Ace's case, a photocopy of marked bills used in a buy-bust operation is admitted. Which statement is true?
• Lilio filed a complaint in the MTC; after the defendant’s answer, who has the duty to move ex parte to set the case for pre-trial and why?
• If a defendant voluntarily appears in court, what is the effect on service of summons for purposes of jurisdiction?
• Which statement accurately reflects jurisdiction versus venue in criminal actions?
• Extrajudicial settlement among heirs is permitted only when the decedent left no will and all debts have been paid. Which statement best expresses this rule?
• Under the Writ of Amparo, what is the period to appeal a final adverse judgment to the Court of Appeals?
• Which is NOT a requisite for intervention by a non-party?
• What is the correct ramification of an order allowing a new trial?
• In a sum of money case, service of summons was made on the defendant by delivering the summons to the defendant's office secretary at the defendant's office. The defendant did not answer within the period. Is there proper and valid service of summons on the defendant?
• Who holds the deposit for expropriation under RA 8974?
• Which statements correctly describe the three modes of appeal from the RTC?
• A defendant asserts a counterclaim for damages arising from a lease arrearage, which is not connected to the plaintiff’s contract claim. What is the proper characterization of this counterclaim?
• Which statement correctly distinguishes a counterclaim from a cross-claim?
• Which statement best defines real actions?
• Which discovery method permits the court to order entry upon designated land or property for inspecting, measuring, surveying, or photographing?
• In an action to recover real property, what happens if the defendant dies during the proceedings and substitution is not properly effected?
• Which statement is correct regarding whether Venancio's statements are admissible as dying declarations?
• Preterition refers to inadvertent omission of heirs, not to intentional disinheritance. True or false?
• After judgment but before its finality, which remedies may the defendant use?
• Which are the two kinds of objections in evidence law?
• In a buy-bust operation, is the seizure of the firearm valid?
• In probate, the court may pass on which type of validity, and which remains for later determination?
• In a Sandiganbayan case where a Joint Stipulation admitted the prosecution’s documentary evidence, which principle supports denying a motion to withdraw the stipulation?
• When does the Regional Trial Court acquire jurisdiction over the person of the accused in a motion for reinvestigation and recall of warrants?
• Why should the motion to compel XYZ to account be denied in a probate case where the testator's funds are held by a bank in Hong Kong?
• When must docket fees be paid for a petition for review on certiorari under Rule 45?
• If the information in a hazing case is amended by adding the suffix 'III' to the victim's name before arraignment, is re-arraignment required?
• Under Rule 64, the remaining period for filing a petition for certiorari after denial of the motion for reconsideration shall not be less than how many days?
• Which element is also required for lis pendens besides identity of parties and identity of causes of action?
• Which statement about the motion to dismiss in a writ of amparo proceeding is correct?
• If a bank deposit belongs to the judgment obligor and is not reachable by the unsatisfied writ, what remedy allows reach?
• Is Kesh's statement admissible as a dying declaration in a murder case?
• Which mode of appeal is a matter of right?
• For NLRC decisions, where should certiorari be filed to seek relief?
• In a civil case where Ody sues Cesar and Baby, Baby objects to testifying against Cesar without Cesar’s consent. Should the ruling be proper?
• In drug violation prosecutions, what is the corpus delicti and how must it be established?
• Which is a proper ground for annulment of an RTC judgment?
• What is the function of a petition for review on certiorari under Rule 45?
• What is the rule on joinder of causes of action?
• In Wagner v. Strauss, if Grieg is not impleaded as a party, should the complaint be dismissed?
• Is a criminal action for adultery viable when the offended spouse is dead?
• What is the remedy when evidence is excluded by the court?
• Can a suit for injunction be filed with the Supreme Court to stop the President from entering into a peace agreement with the National Democratic Front?
• In opposition to a motion to dismiss, is the ground of lack of cause of action tenable?
• Best Evidence Rule and its application: which statement is accurate?
• What is the effect of splitting a single cause of action into multiple suits?
• In amparo proceedings, does the petition need to allege every detail of the violation?
• Which type of claim survives the death of the defendant and does not need to be presented as a claim against the estate?
• In a collection case where attachment is issued before service of summons, what is the effect on the attachment?
• Which principle requires that a search warrant particularly describe the person or things to be seized?
• If Grieg is not impleaded, what remedies does he have to protect his interest?
• If the court ordered Ernesto to submit to physical and mental examinations as part of discovery, and he refuses, can the court order his arrest?
• An action for recovery of money arising from a contract is pending and the defendant dies before entry of final judgment. What is the proper course?
• What is the purpose of the pre-suspension hearing in suspension under RA 3019 Sec 13?
• For attachment to be enforceable, what is required regarding service of summons?
• Which of the following would render a search warrant invalid due to noncompliance with one offense and specific description rules?
• Under Pulido v. People, is a void ab initio marriage a valid defense in bigamy even without a judicial declaration?
• What is the effect of absence of summons on the judgment?
• In a 2019 case, the prosecution calls a son as a witness in Attempted Parricide, while in a separate Serious Physical Injury case, the wife testifies against her husband. Should the opposing counsel’s objections be sustained in both cases?
• In Trinca v Ida, the dismissal motu proprio for failure to comply with barangay conciliation was proper?
• Jurisdiction over the person is acquired when the complaint is filed.
• Which of the following is the Warrant to Disclose Computer Data (WDCD)?
• From a court order granting a defendant's motion for a new trial, what is the proper remedy for the prosecution?
• Relief from judgment is an equitable remedy available only when there is no other adequate remedy, such as an appeal or certiorari. True or False?
• In a forcible entry case, may the sheriff implement a writ of execution against the lessees who claim to be legitimate lessees of the defendant?
• During trial, a subpoena ad testificandum is issued to Edgardo’s lawyer to testify about conversations with Edgardo. May the subpoena be quashed on the ground of privileged communication?
• Pedro's cross-examination was postponed multiple times due to the accused’s illness and Pedro died before cross-examination could occur. Should the motion to expunge Pedro’s direct testimony be granted?
• In a complaint seeking partition and a separate loan collection, is it proper to join these causes of action in one RTC case?
• Filial privilege may be waived by which of the following statements?
• If the defendant fails to deny under oath the genuineness and due execution of a deed attached to the complaint, what is the consequence?
• What is replevin?
• Teddy filed against Buboy an action for rescission of a contract for the sale of a commercial lot. After the sheriff was told Buboy is out of town, the wife received the summons on Buboy’s behalf. Was there a valid service of summons?
• An illegitimate child challenges an extrajudicial settlement after it has been registered. When may she file?
• Can a Justice of a Division of the Court of Appeals issue a TRO?
• X, an illegitimate child of Y, filed an action for recognition against Z, wife of Y. The amended complaint impleading three legitimate children was admitted beyond the four-year prescriptive period. What is the effect on prescription?
• Edmond signed documents acknowledging confiscated drugs and the payment. Are these documents admissible?
• A criminal information is filed charging Anselmo with homicide. He moves to quash claiming no preliminary investigation was conducted. Will the motion be granted?
• If a defendant fails to answer a request for admission, what is the effect on those matters?
• Under the Revised Guidelines on Continuous Trial, is a request for preliminary investigation made within five days from inquest and filing of the Information timely?
• In a foreclosure action, defendant alleges he had no knowledge of the mortgage deed and denies liability for the attorney’s fee. Do these denials raise issues of fact?
• If a debtor dies after entry of a money judgment, which method is proper to enforce the judgment?
• Is a warrant valid if it seeks to search for documents showing guilt of swindling and/or estafa, copies of bounced checks, and all other relevant matters?
• In a Rule 108 petition to correct a birth certificate entry, are the parents indispensable parties and must be impleaded?
• Can the Two-Dismissal Rule be successfully invoked where the first case was dismissed by a court lacking jurisdiction due to the amount being below the jurisdictional threshold?
• What is forum-shopping?
• Which statement about venue is true for civil actions?
• Which statement best describes the effect of Sec. 20, Rule 3 on money claims when the defendant dies before final judgment?
• In a dissolution case involving nullity, who may be compelled to testify despite parental privilege?
• Which statement about remedial law is NOT a function?
• In the context of extradition and related criminal procedures, which approach is most consistent with due process principles regarding bail?
• Is the requirement of a verified earnest effort at compromise under Article 151 of the Family Code applicable to petitions for settlement of estate?
• Which statement accurately defines a cross-claim?
• In an admiralty case, on what ground can a witness refuse a subpoena duces tecum?
• In the case described, was the plaintiff validly declared in default on the counterclaim before judgment?
• May a TRO be extended beyond 20 days on the same ground?
• Decisions of the Civil Service Commission are reviewable by which remedy?
• May a court order denying probate of a will be overturned after the appeal period has lapsed? Why?
• What condition makes a judgment on the pleadings appropriate?
• In probating a holographic will that is not contested, which procedure is correct?
• In a petition for nullity filed in the Regional Trial Court, summons by publication was directed to be served in the United States because the defendant resided abroad. The order did not include service to the defendant's last known address. Is the RTC order proper?
• Is prior demand for possession required in forcible entry cases?
• What is the mode of appeal applicable to the National Labor Relations Commission decision, and what issues may be raised?
• Is a request for a preliminary investigation permissible within five days from inquest and filing of information?
• In a rape case using DNA evidence, which of the following would NOT be a valid way for the private prosecutor to challenge the results?
• Which statement correctly distinguishes a judgment on the pleadings from a summary judgment?
• Which statement correctly describes the power granted by Sec 6, Rule 46 regarding hearings by the Court of Appeals?
• Under RA 11576, what is the maximum estate value cognizable by the Municipal Trial Court for probate?
• In the Revised Rules on Summary Procedure for unlawful detainer, which statement is true?
• In the 2022 Bar scenario, was the motion for reconsideration properly served?
• In a charge of slight physical injuries, must the information state the aggravating circumstance of unlawful entry if it is alleged as aggravating?
• Distinguish error of jurisdiction from error of judgment. Which statement is correct?
• Under Sec. 8, Rule 8 of the Rules of Court, what is the effect if the adverse party fails to deny the genuineness and due execution of an actionable document under oath?
• In an ordinary civil action before the RTC, the court grants a motion to dismiss for insufficiency of the plaintiff’s evidence and the order lacks findings of fact and of law. Is the order valid? May the plaintiff appeal?
• What are the grounds for judgment on the pleadings?
• Is summons required to be served upon a defendant who was substituted for the deceased?
• Which of the following is an instance where the Court of Appeals may act as a trial court?
• The Ombudsman found probable cause to charge with plunder the provincial governor, vice governor, treasurer, budget officer, and accountant, but the treasurer received immunity. The governor filed a petition for certiorari challenging the exclusion of the treasurer. Is this remedy correct?
• What term is used to describe the concept of double jeopardy, sometimes humorously referred to as 'res judicata in prison grey'?
• Juan sued Roberto for specific performance. The sheriff served the summons on a caretaker, but there was no personal service. Was there valid substituted service?
• Which statement describes the effect of the five-day period for requesting preliminary investigation after inquest?
• After a collision in Mandaluyong, Gary decides to press criminal charges against Horace. Which sequence of steps is correct, and which court has jurisdiction?
• If a defendant in an ejectment case files a separate action to enforce an option to purchase, what is the effect on the ejectment case?
• In a case where the inquest prosecutor files an Information for Homicide without a preliminary investigation because the suspect was arrested in flagrante delicto, and the suspect later requests a preliminary investigation, which statement is correct?
• What is the effect of death when the claim in a pending action is purely personal?
• Where should the felon be brought for criminal processing when the offense occurred on a public transport bus?
• In the 1997 BAR case, can the gun seized during a search of a house without a warrant be admitted in evidence?
• Which statement accurately distinguishes hearsay from opinion evidence?
• In a case where the prosecution rests and the defense demurrer to evidence is denied by the court without leave of court, can the accused present evidence in his defense?
• If the prosecution withdraws the information and later re-files for a different offense, is re-filing allowed, and what conditions apply?
• Before filing a complaint, XY signs a certification against forum shopping for clients who are unavailable to sign. Is XY justified in signing the certification?
• In ejectment, which is NOT required to stay execution of the RTC judgment?
• Under Ross Systems v. Global Medical Center Laguna, what is the proper remedy for pure questions of law in CIAC arbitral awards?
• After Alma started serving a BP 22 sentence, she sought bail; the trial court allowed bail pending resolution. Is this correct?
• A Solicitor General filed a verified petition for quo warranto to stop Cars Co. The main office and operations are in Cebu City, not Manila. Is venue proper in Manila?
• If a probate estate is 1.5 million in value, does it fall within the RTC’s exclusive original jurisdiction for probate matters?
• If a judgment in an ejectment case orders eviction and attorney’s fees, is posting a supersedeas bond necessary to stay immediate execution?