Survey of 2017 Bar

19 items

Civil Procedure
Q1 Jurisdiction
Q2 Jurisdiction
Q4 (a) Explain Hierarchy of Courts
Q5 Motion to Dismiss on the ground of improper venue
Q6 Failure to implead indispensable parties is not a ground for motion to dismiss
Q7 Splitting of a cause of action
Q8(b)Two-Dismissal Rule
Q9 Compulsory Counterclaim, what is jurisdiction even if below P400
Q10(a) Failure to deny Genuineness and Due Execution of Actionable Document
Q11(A)(a) Service of Summons
Q11 (A)(b) The inclusion in a motion to dismiss of other grounds aside from lack of personal
jurisdiction shall not be deemed a voluntary appearance
Q11 (B)(b) Remedy against judgements of final orders of RTC in exercise of appellate jurisdiction
Q18 Motion to Dismiss on the ground of litis pendentia

Criminal Procedure
Q3(b) When is bail a matter of jurisdiction
Q3 (c) Give at least two instances when a peace officer or a private person may make a valid
warrantless arrest
Q4 (c) When does a public prosecutor conduct an inquest instead of a preliminary investigation
Q17 Double Jeopardy; May the Prosecution assail the acquittal without infringing the constitutional
guarantee against double jeopardy in favor of Juancho?
Q19 The accused’s failure to file a motion to quash before plea is a waiver of the objection to lack of
personal jurisdiction or of the objection to an illegal arrest.

Evidence
Q3(a) Elements of circumstantial evidence to support conviction
Q3(d) What is tender of excluded evidence
Q4 (b) What is the Harmless Error Rule in relation to appeals
Q13 Best Evidence Rule
Q14 Dying Declaration
Q15 Impeachment of Adverse party’s witness on his general reputation
Q16 Termination of investigation on the ground of death of a co-conspirator

Special Proceeding
Q8(a) Prohibited Pleadings and Motions; In ejectment cases, motion to declare defendant in default is
a prohibited motion

Q12 (A) Action for Unlawful Detainer; to prevent the immediate execution of the judgment, would
you advise the posting of a supersedeas bond as counsel for Jaypee?

Special Civil Actions

Q11 (B) (a) Remedy against final decision of NLRC
Q12 (B) Preliminary Injunction; may a person be held in contempt for ignoring the extension of TRO