REMEDIAL LAW

Compilation of Exams
Judge Wilhelmina Jorge Wagan

TIPS:

Pag motion – grant or deny

objection – sustain or overrule

complaint – grant or dismiss

note from me: double check answers and grammar. XD

Midterms 2016-2017
1. For failure to pay his loan despite demand, John was sued by Jing and
Leni before the RTC of Pasay to collect 400k. Tapos RTC Pasig where the
propert was located an action to foreclose the real estate mortgage. John
MD for lack of juris and also litis pendentia and improper venue.

a. Rule on jack‟s motion to dismiss the collection case.

GRANTED. The RTC does not have jurisdiction over the collection case
because the MTC has jurisdiction for claims of money not exceeding
400k.

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b. Litis pendentia?
GRANTED. There was litis pendentia because there is only 1 cause.
Foreclosure is just an accessory. It is a security to pay the unpaid sum.
atsaka di ba alternative remedies to. atsaka kasi deemed abandoned

Additional: Remedy is to collect the unpaid sum or in the alternative,

foreclose. This is possible because he alleges alternative remedies not
same complaint so no splitting the cause of action.
c. Improper Venue
DENY. Court of the place where the property is located – foreclosure of
real estate. pag chattel mortgage – at the option of the plaintiff

2. P sued M for unlawful detainer. During the Preliminary conference, M fails

t appear despite notice. upon his motion, the case was submitted for
decision. M moved to reconsider but it was denied. The MTC rendered
judgment P‟s favor based on facts alleged on P‟s complaint. Without
considering M‟s ownership in the answer, M moved to reconsider but was
denied. M filed a notice of appeal but the MTC did not give due course to

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

the appeal for having been filed out of time. M filed a petition for relief
from denial of appeal. M instituted 65 in RTC but did not give due course.
application or writ of preliminary injunction and TRO.

a. Did MTC commit error in denying motion to reconsider the orders

submitting the case for judgment?

No. Under Rule 70 when defendant fails to appear, the MTC may on its own
or upon motion may render judgment as may be warranted by the facts
alleged in the complaint.

hindi dapat prohibited motion kasi ang prohibited yung MR sa judgment e

ito interlocutory naman e.

b. Did the MTC erred in denying the motion for reconsideration of the
judgment?

No because MR of judgment is deemed prohibited pleading in Rule 70!!!!

c. Did MTC commit error in not considering M‟s defense? yung lack of
ownership.

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No because under section 8 failure to appear during preliminary conferece
the court will render judgment in the same manner as provide din section 7
and section 7 says that effect of failure to file an answer- this will be
submitted for decision only as may be warranted by the facts alleged in the
complaint.

d. Did MTC commit error in not giving due course to M‟s notice of appeal?

No because Notice of appeal is filed beyond 15 day reglementary period.

why? Because MR did not toll the running of the 15 day period because it is
prohibited.!!!

e. Is the application for TRO proper?

No. there is no clear and unmistakable right because the notice was filed
beyond the 15 day reglementary period

f. Relief from denial of appeal?

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

NO! take not yung summary proceeding prohibits only petition for relief from
judgment hindi DENIAL OF APPEAL! so dapat hindi yun yung sagot
intiendes?! So dapat ganito: Although it is not prohibited, it will not prosper
because there was no extrinsic fraud, accident, mistake or excusable
negligence that prevented M from presenting her from availing of her remedy
of appeal.

g. Will petition for certiorari prosper?

No. tignan mo yung grounds; was there lack of jurisdiction? excess? grave
abuse amounting to chuva? second, is there available remedy? Is appeal
remedy? is there adequate speedy? ito sagot there was no grave abuse of
discretion nafile 15 day period filed out of time. Tapos sabihin mo PETITION
FOR CERTIORARI IS NOT A SUBSTITUTE FOR A LOSS OF APPEAL! BOOM
PANES! There was availbale remedy which is appeal but he forfeited it.

3. Ava filed a complaint for to quiet title for a parcel of land occupied by
Nosh. 10 days after receipt of summons, MOA moved to dismiss on the
ground that A has no cause of action against it as he has been in
possession of property under chuva for more than 30 years and A should
have filed a declaratory relief instead.

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a. Rule on N‟s first ground to dismiss

DENY. bakit? First ground is not a ground to dismiss a complaint under

rule 16 section 1. No cause of action is different from failure to state
cause of action. Ground to demurrer yung lack of cause yun yung no
cause of action!

b. Second ground to dismiss: A should have filed a petition for

declaratory relief

DENY. This remedy of declaratory relief may be resorted to quiet a title

etc. etc. Even if that is provided under Rule declaratory relief that can
only be possible if there was no breach or violation of a right. If there
was, quieting of title which is ordinary civil action but not SCA. dito kasi
may violation san? ―Ava filed a COMPLAINT to quiet title over the LAND
OCCUPIED BY Noah‖ dapat ang declaratory relief PETITION

c. Supposing Noah‟s motion to dismiss was granted. What is A‟s right?

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

 MR – give the court chance to correct

 Pag denied ang MR, Noa may file an notice of APPEAL within 15 day
period. fresh period
 In the event that he alleges that there was FAME that prevented him
from availing his remedies within 1 day period, petition for relief from
judgment.
 Petition for annulment but never on the ground of lack of jurisdiction
kasi may violation of right.

NEVER SAY MOTION FOR NEW TRIAL. BAKIT? DI PA NGA SYA

NAGANSWER. NAGMOTION TO DISMISS AGAD ANG LOLA MO
TAPOS MAGPAPANEW TRIAL KA?! ANONG NEW TRIAL E WALA
NAMANG TRIAL IN THE FIRST PLACE DI BA?! PARANG PAG
SINASABI MONG MAGREREVIEW KA. ANONG IREREVIEW MO
KUNG HINDI MO PA NABABASA IN THE FIRST PLACE?!?!?!?!
WALANG LOKOHAN NO. :D ah buisit ako yun ah.

d. Supposed na deny ung MD niya anong remedy?

 File ka ng answer.
 Pwede certiorari kung wlang jurisdiction pero dito kasi may

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jurisdiction wag ka makulit.

4. In a case for reformation of contract Bea filed against Ben. The RTC
denied Ben‟s motion to dismiss. Ben moved for reconsideration of the
denial but it was denied. Ben filed an answer and After Bea presented
evidence. RTC ruled in favor of Ben. What are the remedies of Bea?

 MR and/or
 Notice of Appeal.
 Is MNT available? Yes if there is newly discovered evidence.
 Relief from judgment if there was FAME that prevented him form
availing this.

5. Aida presented mangers check for 500k to pay for loan but she lost it.
after 1 week, Bianca presented it payment to ABC Bank claiming dun. 2
days after Fiona insisted may title sya doon.

a. what are the remedies

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

 Complaint for interpleader and direct Bianca and Fiona to litigate

their conflicting claims

b. Which court has Jurisdiction to hear Aida?

The RTC because the amount of check is 500ktherefore it calls within juris of
RTC. Interpleader depends upon the subject matter.

Finals 2016-2017
1. Information was filed for less serious Physical injuries against Bob in
MTCC Binan, Laguna. Motion to Quash was filed on the ground that the
crime has already prescribed and non-referral to Lupon.

a. Rule on the first ground (crime has already prescribed)

I feel like the question is incomplete. However, allow me to present to
you Bar question 13 in the 1990 bar exams which is similar with the
case at hand:

On February 21, 1990, Enrique Magno was stabbed on the right arm

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by Armando Reyes at Balara, Quezon City. A complaint for slight
physical injuries was filed against Reyes with the office of the City
Prosecutor on February 28, 1990 as the injuries required 5 deays of
medical attendance. The information for slight physical injuries was
filed on May 12, 1990 with the Quezon city Metropolitan Trial Court.
Reyes moved to quash the information on the ground of prescription
as it was filed on the 80th day, whereas the prescriptive period for
slight physical injuries is 60 days. Should the motion to quash be
granted. Decide with reasons

Answer:

The motion to quash should not be granted. The SC has held that in
criminal cases governed by the Revised Rules on Summary
Procedure, the prescriptive period would be interrupted not by the
filing of the complaint with the prosecutor’s office by the filing of the
information in court. (Zaldiva V. Reyes, 211 SCRA 277
[1992];Jadewell Parkingn Systems Corp. v. Lidua, 706 SCRA 724
[2013])

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

b. Rule on the second ground (Non-referral to Lupon)

I would GRANT the Motion to Quash because the action is still premature.
Under the LGC, offenses punishable by imprisonment not exceeding 1 year
and or a fine not exceeding 5k are mandated to undergo settlement before
the Lupon. A less serious physical injury is a crime punishable by arresto
mayor. Because the cause of action is still premature due to failure to
comply with a mandatory conciliation or mediation, it must be quashed.

2. Ben who is already a US citizen and married to Belle an American citizen,

wants to adopt his illegitimate son to Bea. Bea opposed on the following
grounds. 1.) Ben has no legal personality to adopt 2.) His 20 year old child
is not anymore eligible for adoption 3. Wife of Ben was not impleaded on
the joint adoption.

a. Rule on the first ground (no legal personality to adopt)

The argument is bereft of merit. Ben has legal personality to adopt his or her
illegitimate child regardless of his nationality. Such rule is designed to
improve or raise the status of the child to legitimacy.

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b. Rule on the second ground (not anymore eligible for adoption)

Unmeritorious. An illegitimate child may be adopted regardless of his/her

marriage if the adopter is his/her biological parent.

c. Rule on the third ground (Wife of Ben was not impleaded on the joint
adoption)

Unmeritorious. Ben alone may adopt his illegitimate son provided Bea has
given his consent thereto. It would be different if it was the other spouse
who seeks to adopt the illegitimate child of the other because in such case
both are required to jointly adopt the child. Since it is Ben who seeks to
adopt his own illegitimate child, there is no need for joint adoption what is
required only is consent.

3. Q was abducted by the police officers after an operation of Oplan Tokhang.

He filed a motion to quash the information on the ground that the arrest

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

was illegal and motion to suppress the drugs because there was an illegal
seizure.

a. Rule on the motion to quash on the ground that the arrest was illegal

I will grant the motion to quash because under the Oplan Tokhang, police
operatives who will join the new oplan tokhang or ―know and plead
campaign‖ may not arrest suspected drug dependents but only urge them to
seek medical help. Hence, the arrest that took place in the case at bar is
illegal being a violation of a person’s constitutional right against warrantless
arrest.

b. Rule on the motion to suppress the evidence

I will GRANT the motion to suppress the evidence because It is based on the
principle that evidence illegally obtained by the state should not be used to
gain other evidence because the original illegally obtained evidence taints all
those subsequently obtained. This is pursuant to the principle of fruit of
poisonous tree where the fruit of an illegal arrest shall be inadmissible in
evidence.

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c. Q filed a writ of amparo, will it prosper?

I will DENY. There is no enforced disappearance or extralegal killing in this

case. (im not sure  mail me the correct answer n.jamehjann@gmail.com)

4. A lost the title of her lot in Pasig. B sold the said lot to ABC Corp. A filed
an action to annul the deed of sale claiming that she is the owner and
seeks to recover the property in the RTC of Pasay where she is residing. B
filed a motion to dismiss on the following grounds:

a. RTC Pasay has no jurisdiction

It depends on the value of the property because the case involves title to or
interest over the real property because the ultimate relief prayed for in this
case is to recover the property. In the case of Spouses Huguete vs. Spouses
Embudo which involves similar fact the SC said ―Where, as in this case, the
ultimate objective of the plaintiffs is to obtain title to real property, it should
be filed in the proper court having jurisdiction over the assessed value of the
property subject thereof.

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

b. Venue is improperly laid

GRANTED. The venue is improperly laid because the action is a real action
which must be filed in the place where the property is located. In the case at
bar, the property is located in Pasig whereas the action is filed in Pasay
hence, the venue is improperly laid

c. Jurisdiction was not vested to the court because the correct docket
fees was not paid since the action is a real action and not incapable of
pecuniary estimation

Denied – Plainly, while the payment of the prescribed docket fee is a

jurisdictional requirement, even its non-payment at the time of filing does
not automatically cause the dismissal of the case, as long as the fee is paid
within the applicable prescriptive or reglementary period, more so when the
party involved demonstrates a willingness to abide by the rules prescribing
such payment. Thus, when insufficient filing fees were initially paid by the
plaintiffs and there was no intention to defraud the government, the
Manchester rule does not apply. (I think this is the recent jurisprudence)

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Note: There is another case which distinguishes ―NON-PAYMENT‖ from
―NON-PAYMENT OF CORRECT DOCKET FEES‖. Non-payment means there
was no payment of docket fees at all and as such, the court does not acquire
jurisdiction. In Non-payment of CORRECT docket fees, there was actually
payment but the same was INSUFFICIENT, in such case the SC said that
the party must be given reasonable time to pay. If there is still non-
compliance with the payment, the case may be dismissed on the ground of
non-compliance with the order of the court. Since the question pertains to
CORRECT docket fees, I prefer to answer in this way.

5. Belle
a.

b. Belle wanted to correct her name from Belle to “Bela” What is her
remedy?

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

The proper remedy would be RA 9084 also known as ―The Clerical Error Act‖
because it specifically covers changes or corrections of names through an
administrative proceeding.

6. A got married to B in Japan. B obtained a divorce and married the best

friend of A. A married her ex-boyfriend C.

a. What should A do to validly marry C?

She must seek for the recognition of the foreign judgment before it can be
given res judicata effect. If the court decided to recognize the foreign decree,
A must likewise file a petition for the cancellation of the entry in the civil
registry under Rule 108. However, it is not required that these two actions
must be filed. A may opt to file only Rule 108 because the recognition of the
foreign divorce decree may be made in a Rule 108 proceeding itself, as the
object of the special proceedings is precisely to establish the status or right
of a party or a particular fact. Provided that in filing Rule 108, it must
comply with the condition of publication.

b. If the marriage of A and B is registered with the Philippine Embassy in

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Japan, what should A do to validly marry C?

File a petition for recognition of foreign decree of divorce and attach thereto
relevant documents. These documents will eventually have to be presented
to the Regional Trial Court with the Petition. For it to accept these
documents, the Court needs to be assured that they are genuine. The
foreign documents, on the other hand, will need to be certified by the correct
foreign office and they will need to be authenticated (Red Ribboned) by the
Department of Foreign Affairs or the Philippine embassy in the foreign
country. If a foreign document is not in English, then its certified English
translation is also needed and this also has to be authenticated by the DFA.
After such, the documents will now be submitted in court without further
proving its authenticity.

ALTERNATIVE ANSWER:

Kay may now avail the remedy under Rule 108 by filing a petition to correct
the entry with respect to her marriage. Rule 108 is the proper remedy as it
seeks to correct a substantial entry as to her status which necessitates an

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 REMEDIAL LAW
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Judge Wilhelmina Jorge Wagan

adversary proceeding. The records in Philippine Embassy can be reached by

our court process as this is an extension of Philippine territory.

7. There is a hearing conducted by the hearing officers of Intellectual

property division (NBI) in QC where Pip is attending. Pip retorted to the
hearing officers in a very loud manner

a. May Pip be cited in contempt by the hearing officers? If not, what is

the remedy of the hearing officer?

No. The NBI is neither a court nor has it been conferred contempt powers by
law. The power to punish for contempt is inherent in all courts. It is
essentially judicial in nature. The reason behind this power is that respect
to the courts guarantees the stability of their institution.

There is no remedy. A person who refuses to obey a subpoena duly served

may be held liable for indirect contempt if the subpoena was issued by a
court or a person or body exercising quasi-judicial powers. The NBI is
neither a court nor a body exercising quasi-judicial powers. Hence, the NBI
cannot successfully file a verified petition or indirect contempt against
Andrew for his gross misbehavior. (Contempt may only be committed

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against a court or a person or body exercising quasi-judicial powers. NBI is
neither)

ALTERNATIVE ANSWER:

The remedy is to file a contempt charge with the RTC of the place wherein
the contempt has been committed and it is the RTC which shall have the
power to punish any improper conduct tending to obstruct impede or
degrade administration of justice. (Siguro ito yung sagot pero kasi feel ko rin
yung sinabi na contempt may only be committed against a court or a body
exercising quasi-judicial powers. D ko mareconcile)

ALTERNATIVE ANSWER:

(This answer presupposes IPO office in Taguig not NBI. I just assumed that
it is NBI IP division because the tips says it is in QC :P) No the hearing
officers of IPO cannot cite Pip in contempt motu propio or on their own.
However, IPO being a quasi-judicial body can initiate a contempt proceeding
against Pip in the RC of the place wherein the contempt was committed.

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

b. What is the remedy of a party judge with contempt by a court?

In case of direct contempt, the aggrieved party may file a petition for
certiorari or prohibition. The execution of judgment shall be suspended
pending resolution of such petition, provided such person files a bond fixed
by the court which rendered the judgment and conditioned that he will
abide by and perform the judgment should the petition be decided against
him

In case of indirect contempt, the aggrieved party may appeal to the proper
court as in criminal cases. (Ito sagot kasi indirect contempt yung facts pero
inassume ko na hindi related yung tanong sa previous question that’s why I
mentioned all remedies)

8. Jill filed a petition for probation of the will of her father. Jack, her half-
brother, opposed on the ground that no property was given to him in said
will. Jill interposed that the probate of a will is confined only to extrinsic
validity of the will and not to intrinsic validity.

a. Rule on the defense of Jack

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The defense of Jack is meritorious. Under the Civil Code, Jack, being a
compulsory heir in the direct descending line, is entitled to ½ of the share of
Jill. Therefore, he cannot be preterited in the estate of his father.

b. Rule on defense of Jill

The defense of Jill does not hold water. While the general rule is that a
probate court during the probate proper stage cannot pass upon the
intrinsic validity of the will, it admits the exception where the defect of the
will is apparent on its face and the probate of the will would become a
useless ceremony if it is intrinsically invalid. (Nuguid vs. Nuguid)

c. What should be presented if will is contested?

In case of Notarial will, ALL the subscribing witnesses and the notary public
if present in the Philipines and not insane must be produced and examined
and the death, absence, or incapacity of any of them must be satisfactorily
shown in court.

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

Holographic will. The will shall be allowed if at least 3 witnesses who know
the handwriting of the testator explicitly declare that the will and the
signature are in the testator’s handwriting. In the absence of any competent
witnesws,a nd if the court deem it necessary, expert testimony may be
resorted to.

Midterms 2017-2018

Finals 2017-2018
1. A, B, C were charged with carnapping which is non-bailable. A, B, and C
pleaded not guilty. They post bail. After summary hearing, the judge
allowed them to post bail after finding that there was no unlawful taking
but only misappropriation based on the complainant‟s admission that she
gratuitously lent the vehicle to the accused.

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a. Can they (accused) be convicted of estafa?
No different cause. estafa has different elements. Section 5. When an
offense includes or is included in another. — An offense charged necessarily
includes the offense proved when some of the essential elements or
ingredients of the former, as alleged in the complaint or information,
constitute the latter. And an offense charged is necessarily included in the
offense proved, when the essential ingredients of the former constitute or
form a part of those constituting the latter. ditto di naman necessarily
included or necessarily includes estafa.

b. If you are the prosecutor, what is your remedy?

Substitution. Section 19. When mistake has been made in charging the
proper offense. — When it becomes manifest at any time before judgment
that a mistake has been made in charging the proper offense and the
accused cannot be convicted of the offense charged or any other offense
necessarily included therein, the accused shall not be discharged if there
appears good cause to detain him. In such case, the court shall commit the
accused to answer for the proper offense and dismiss the original case upon
the filing of the proper information

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

c. If you were the judge and the prosecutor filed a motion for leave to
amend their complaint, would you grant it?
No. kasi it will alter the whole comlaint

2. Ben and Ken were waiting for a bus when a police officer arrested them
without warrant after Leo pointed at them as the killers of Pilo. While at the
police station, Ben confessed to Pilo‟s wife that he killed Pilo. In the trial for
homicide, Pilo‟s wife testified. Ben opposed on the ground that:

a. It is inadmissible because he was not assisted by the counsel. Rule

No need in extrajudicial confession. it was made voluntarily.

b. Pilo‟s wife could not testify as to Ken whom he implicated in his

confession therefore it is inadmissible. Rule
Yes di pwede kasi ung extrajudicial confession dun lang sa party na
nagtestify. ang basis ko ditto yung res acta inter alios rights of a party
cannot be prejudiced by an act DELCARATIOn or omission of another.

3. A, a former Filipino citizen, married B an American citizen. A wanted to

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adopt his 20 year old illegitimate child with D. A opposed the adoption.

a. Does A have legal personality?

Yes. RA 8552 states that a person may adopt his or her own illegitimate
child to upgrade his status from illegitimacy to legitimacy. (upgrade talaga?
Ano to laro :D idk the right word)

Is illegitimate child disqualified to be adopted?

Not disqualified kasi kahit saang adoption intercountry man o domestic a
parent may adopt his or her own illegitimate child.

b. Should B jointly adopt?

Hindi. exception to. What is needed is merely for B to signify his/her
CONSENT.

4. Jane seeks to probate the will of his father. John, an illegitimate child,
opposed the will contending that no property was disposed in his favor hence
the will is not valid. Jane argued on the other hand that the probate court is
limited only to extrinsic validity thus the contention of john must be
dismissed.

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Judge Wilhelmina Jorge Wagan

a. Rule on John‟s contention

tama. illegitimate child is a compulsory heir the total omission of which
from the will would render the will void. Thus, intestate.
b. Rule on Jane‟s contention
Mali si Jane. exception sa extrinsic only rule ay preterition because it would
render the probate proceeding useless or nugatory if there was in fact
omission of an heir.
c. What is the effect of allowance of a will
Section 1 Rule 75 Subject to the right of appeal, such allowance of the will
shall be conclusive as to its due execution.

5. Before arraignment in the case of frustrated murder where A, B, and C are the
accused, the prosecutor sought the discharge of C as a State witness. A and B
opposed it on the ground that C is not the most guilty and that his testimony
cannot be corroborated on material points. The prosecutor on the other hand
argued that the requisites for an accused to be discharged as a state witness
does not apply in that stage because there is no arraignment yet.

a. Rule on A and B‟s contention

Feeling ko ang sagot ay nasa SPO4 soberano vs. People G.R. No. 154629.

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tinatamad ako magbasa.

b. Rule on prosecutor‟s contention

Feeling ko ang sagot ay nasa SPO4 soberano vs. People G.R. No. 154629.
tinatamad ako magbasa.

c. Briefly differentiate amendment from substitution.

AMENDMENT
May involve either formal or
substantial changes
Amendment before plea can be made
without leave of court
Where the amendment is only formal,
there is no need for another
preliminary investigation and the
retaking of the accused’s plea
An amended information refers to the
same offense charged in the original
information or to an offense which
necessarily includes or is included in
the original charge; hence substantial
SUBSTITUTION
Necessarily involves a substantial
change from the original charge
Must be made with leave of court
Another preliminary investigation is
required and the accused has to plead
anew to the new information
Requires or presupposes that the new
information involves a different offense
which does not include or is not
necessarily included in the original
charge; hence the accused cannot

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Judge Wilhelmina Jorge Wagan

amendments to the information invoke double jeopardy.

cannot be made over the accused’s
objection, for if the original
information would be withdrawn, the
accused could invoke double jeopardy.

6. Mark was going home from work when he was halted by police officers
because they were conducting checkpoint. The police officers asked him to
open the compartment. He opened his compartment and there the police
officers saw a sachet which was eventually proven to be prohibited drugs. He
was charged with violation of comprehensive drugs act. He argued that:

a. His arrest was illegal. Rule

No. Lawful warrantless arrest.

b. The prohibited drugs is inadmissible in evidence. Rule

No it is admissible. the search was lawful because it was made voluntarily
by Mark without being under intimidating or coercive circumstance.
(chineck ni judge yung words na indimidating and concercive)

7. In 2009, Christina gave birth to Baby Julian. Sun and Moon Home for
Children shouldered all the hospital and medical expenses. On August 13,

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2009, Christina voluntarily surrendered Baby Julian by way of Deed of
Voluntary Commitment to the DSWD.

Subsequently, the biological father Marcelino suffered a heart attack and died
without knowing about the birth of his son. Thereafter, during the wake,
Christina disclosed to Marcelino‟s family that she and the deceased had a son
that she gave up for adoption due to financial distress and initial
embarrassment. Marcelino‟s family was taken aback by the revelation and
sympathized with Christina. After the emotional revelation, they vowed to
help her recover and raise the baby.

In November 2009, the DSWD, through aSecretary Cabral issued a certificate

declaring Baby Julian as “legally Available for Adoption.” A local matching
conference was held. Baby Julian was “matched” with the spouses Medina of
the Kaisahang Bahay Foundation. Supervised trial custody them commenced.

In May 2010, Christina who had changed her mind about the adoptikon,
wrote a leter to the DSWD asking for the suspension of Baby Julian[„s
adoption proceedings. She also said she wanted her family back together.

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Judge Wilhelmina Jorge Wagan

The DSWD statted that the certificate declaring Baby Julian legally available
for adoption had attained finality on November 13, 2009, or three months
after Christina signed the Deed of Voluntary Commitment which terminated
her p;arental authority and effectively made Baby Julian a ward of the State.
Christina filed a petition for a writ of amparo against respondend DSWD and
its officers. In her petition, Christina accused respondents of “blackmailing”
her into surrendering custody of her child to the DSWD utilizing what she
claims to be an invalid certificate of availability for adoption which
respondents allegedly used as basis to misrepresent that all legal requisites
for adoption of the minor child had been complied with.

Christina argued that by making these misrepresentations, the respondents

had acted beyond the scope of their legal authority thereby causing the
enforced disappearance of the said child and depriving her custodial rights
and parental authority over him.

Is a petition for a writ of amparo available in order for a biological mother to

recover custody of child from the DSWD? (The original exam question was really
short but it has identical facts with this question I copied from the book of
Riguerra)

No. In this case, Christina alleged that the respondent DSWD officers caused her

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"enforced separation" from Baby Julian and that their action amounted to an
"enforced disappearance" within the context of the Amparo rule. Contrary to her
position, however, the respondent DSWD officers never concealed Baby Julian's
whereabouts. In fact, Christina obtained a copy of the DSWD's 28 May 2010
Memorandum explicitly stating that Baby Julian was in the custody of the Medina
Spouses when she filed her petition before the RTC. Besides, she even admitted in
her petition for review on certiorari that the respondent DSWD officers presented
Baby Julian before the RTC during the hearing held in the afternoon of August 5,
2010. There is therefore, no "enforced disappearance" as used in the context of the
Amparo rule as the third and fourth elements are missing. Christina's directly
accusing the respondents of forcibly separating her from her child and placing the
latter up for adoption, supposedly without complying with the necessary legal
requisites to qualify the child for adoption, clearly indicates that she is not
searching for a lost child but asserting her parental authority over the child and
contesting custody over him. Since it is extant from the pleadings filed that what is
involved is the issue of child custody and the exercise of parental rights over a
child, who, for all intents and purposes, has been legally considered a ward of the
State, the Amparo rule cannot be properly applied. (Caram v. Segui, 5 August
2014).

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 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

8. Upon arrival at his house, Roy saw Rina lying on the floor and bleeding.
Roy rushed his wife to hospital where, after gaining consciousness, told her
husband that it was Lira their househelper who stabbed her and requested
Roy to take care of their child. She then went into coma. After one month,
she survived. In the frustrated homicide case, Roy testified that it was Lira
who stabbed his wife. Is the testimony of admissible in evidence?

Not dying declaration because the victim must die. Here, the victim survived.

Pwede res inter alios. Pero di rin ata pwede kasi ang requisite nun dapat unable to
testify yung victim.

9. a. What do you mean by functional equivalent rule?

SECTION 1. Electronic documents as functional equivalent of paper-based
documents. – Whenever a rule of evidence refers to the term of writing,
document, record, instrument, memorandum or any other form of writing, such
term shall be deemed to include an electronic document as defined in these

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Rules.
SEC. 2. Admissibility. – An electronic document is admissible in evidence if it
complies with the rules on admissibility prescribed by the Rules of Court and
related laws and is authenticated in the manner prescribed by these Rules.

b. What are those that are inadmissible in evidence in the Rape Shield
Rule.
RA 8505 In prosecutions for rape, evidence of complainant's past sexual
conduct, opinion thereof or of his/her reputation shall not be admitted unless,
and only to the extent that the court finds, that such evidence is material and
relevant to the case.

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m “That in all things, God may be glorified!”
N arvasa notes
 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

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m “That in all things, God may be glorified!”
N arvasa notes
 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

Exam sa evid

1. In a probate of a holographic will, Gracie, daughter of testator, presented

Miriam, grandaughter of Gracie, 16 years old to authenticate the will. Jojo
objected on the grounds:

a. Miriam is incompentent. Rule

b. She is not an expert witness. Rule

2. A extorted money from B in exchange for non-publication of nude pictures

of B in A‟s Phone. An entrapment was set up against A. The latter was
arrested and subjected to ultraviolet examination. During trial, the
prosecution presented agent Y to testify on the arrest made during
entrapment and agent Z to testify on the NBI certification of ultraviolet

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examination. A objected on the offer:

a. of NBI certification for being hearsay

b. of NBI certification because it is evidence aliunde

c. Agent Y because he is incompetent

d. Agent Z because he is incompetent

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m “That in all things, God may be glorified!”
N arvasa notes
 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

3. A raped B, 2 years old child. During trial, prosecution presented the

mother of B to testify on the sexual abuse and the NBI certification on the
DNA examination results. A objected on the following:

a. Testimony of the mother for being hearsay. Rule

b. NBI certification is hearsay because forensic chemist was not presented.

Rule

4. A was a teller in TBank where he withdrew 500,000. He was charged with

qualified theft. TBank presented bank auditor to testify on the unlawful
taking based on the discrepancies as shown by the print outs of the cash
deposits. Prosecution offered the testimony of auditor and A‟s written

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admission. A objected on the following:

a. Testimony of the auditor because it is hearsay

b. Print outs because violates the Ber

c. Print ours because they were not authenticated

d. Written admission of A because it was made without assistance of

counsel

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m “That in all things, God may be glorified!”
N arvasa notes
 REMEDIAL LAW
Compilation of Exams
Judge Wilhelmina Jorge Wagan

5. In a case for annulment of compromise executed during barangay

conciliation, A did not testify. Instead, A submitted a duplicate original of
the Agreement, the judicial affidavit of A stating in detail the force and
intimidation inflicted on him to sign the agreement and the MTC Clerk‟s
certification that the agreement is on file. Defense objected on the
following:

a. Lack of authentication of duplicate original

b. Duplicate original violates parol evidence rule

c. Lack of authentication of the certificate of MTC Clerk

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6. In support case, B presented the baptismal certificate, affidavit of
acknowledgement, the DNA results which shows 99.99% inconclusive of
paternity, and a photograph of A holding the child. A objected on:

a. Baptismal certificate on the ground of best evidence rule

b. Affidavit fo acknowledgement on the ground of hearsay

c. The DNA result is inconclusive as to paternity

d. The photograph is irrelevant

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m “That in all things, God may be glorified!”
N arvasa notes