REMEDIAL LAW

Lani filed an action for partition and accounting in the Regional Trial Court (RTC) of
Manila against her sister Mary Rose, who is a resident of Singapore and is not found in
the Philippines. Upon motion, the court ordered the publication of the summons for
three weeks in a local tabloid, Bulgar. Linda, an OFW vacationing in the Philippines,
saw the summons in Bulgar and brought a copy of the tabloid when she returned to
Singapore. Linda showed the tabloid and the page containing the summons to Mary
Rose, who said, "Yes I know, my kumare Anita scanned and e-mailed that page
of Bulgar to me!"

Did the court acquire jurisdiction over Mary Rose? (4%)

II

Fe filed a suit for collection of P387,000 against Ramon in the RTC of Davao City. Aside
from alleging payment as a defense, Ramon in his answer set up counterclaims for
P100,000 as damages and P30,000 as attorney's fees as a result of the baseless filing
of the complaint, as well as for P250,000 as the balance of the purchase price of the 30
units of air conditioners he sold to Fe.

a. Does the RTC have jurisdiction over Ramon's counterclaims, and if so, does he
have to pay docket fees therefor? (3%)
b. Suppose Ramon's counterclaim for the unpaid balance is P310,000, what will
happen to his counterclaims if the court dismisses the complaint after holding a
preliminary hearing on Ramon's affirmative defenses? (3%)
c. Under the same premise as paragraph (b) above, suppose that instead of
alleging payment as a defense in his answer, Ramon filed a motion to dismiss on
that ground, at the same time setting up his counterclaims, and the court grants
his motion. What will happen to his counterclaims? (3%)

III

a. Angela, a resident of Quezon City, sued Antonio, a resident of Makati City before
the RTC of Quezon City for the reconveyance of two parcels of land situated in
Tarlac and Nueva Ecija, respectively. May her action prosper? (3%)
b. Assuming that the action was for foreclosure on the mortgage of the same
parcels of land, what is the proper venue for the action? (3%)

IV

Filomeno brought an action in the Metropolitan Trial Court (MeTC) of Pasay City against
Marcelino pleading two causes of action. The first was a demand for the recovery of
physical possession of a parcel of land situated in Pasay City with an assessed value of
P40,000; the second was a claim for damages of P500,000 for Marcelino's unlawful
retention of the property. Marcelino filed a motion to dismiss on the ground that the total
amount involved, which is P540,000, is beyond the jurisdiction of the MeTC. Is
Marcelino correct? (4%)

Within the period for filing a responsive pleading, the defendant filed a motion for bill of
particulars that he set for hearing on a certain date. However, the defendant was
surprised to find on the date set for hearing that the trial court had already denied the
motion on the day of its filing, stating that the allegations of the complaint were
sufficiently made.

a. Did the judge gravely abuse his discretion in acting on the motion without waiting
for the hearing set for the motion? (3%)
b. If the judge grants the motion and orders the plaintiff to file and serve the bill of
particulars, can the trial judge dismiss the case if the plaintiff does not comply
with the order? (3%)

VI

After his properties were attached, defendant Porfirio filed a sufficient counterbond. The
trial court discharged the attachment. Nonetheless, Porfirio suffered substantial
prejudice due to the unwarranted attachment. In the end, the trial court rendered a
judgment in Porfirio's favor by ordering the plaintiff to pay damages because the plaintiff
was not entitled to the attachment. Porfirio moved to charge the plaintiff's attachment
bond. The plaintiff and his sureties opposed the motion, claiming that the filing of the
counterbond had relieved the plaintiff's attachment bond from all liability for the
damages. Rule on Porfirio's motion. (4%)

VII

a. The writ of execution was returned unsatisfied. The judgment obligee

subsequently received information that a bank holds a substantial deposit
belonging to the judgment obligor. If you are the counsel of the judgment obligee,
what steps would you take to reach the deposit to satisfy the judgment? (3%)
b. If the bank denies holding the deposit in the name of the judgment obligor but
your client's informant is certain that the deposit belongs to the judgment obligor
under an assumed name, what is your remedy to reach the deposit? (3%)

VIII

Bembol was charged with rape. Bembol's father, Ramil, approached Artemon, the
victim's father, during the preliminary investigation and offered P1 Million to Artemon to
settle the case. Artemon refused the offer.
 a. During trial, the prosecution presented Artemon to testify on Ramil's offer and
thereby establish an implied admission of guilt. Is Ramil's offer to settle
admissible in evidence? (3%)
b. During the pre-trial, Bembol personally offered to settle the case for P1 Million to
the private prosecutor, who immediately put the offer on record in the presence
of the trial judge. Is Bembol's offer a judicial admission of his guilt? (3%)

IX

The search warrant authorized the seizure of "undetermined quantity of shabu." During
the service of the search warrant, the raiding team also recovered a kilo of dried
marijuana leaves wrapped in newsprint. The accused moved to suppress the marijuana
leaves as evidence for the violation of Section 11 of the Comprehensive Dangerous
Drugs Act of 2002 since they were not covered by the search warrant. The State
justified the seizure of the marijuana leaves under the "plain view" doctrine. There was
no indication of whether the marijuana leaves were discovered and seized before or
after the seizure of the shabu. If you are the judge, how would you rule on the motion to
suppress? (4%)

Jose, Alberto and Romeo were charged with murder. Upon filing of the information, the
RTC judge issued the warrants for their arrest. Learning of the issuance of the warrants,
the three accused jointly filed a motion for reinvestigation and for the recall of the
warrants of arrest. On the date set for hearing of their motion, none of the accused
showed up in court for fear of being arrested. The RTC judge denied their motion
because the RTC did not acquire jurisdiction over the persons of the movants. Did the
RTC rule correctly? (4%)

XI

Arturo lent P1 Million to his friend Robert on the condition that Robert execute a
promissory note for the loan and a real estate mortgage over his property located in
Tagaytay City. Robert complied. In his promissory note dated September 20, 2006,
Robert undertook to pay the loan within a year from its date at 12% per annum interest.
In June 2007, Arturo requested Robert to pay ahead of time but the latter refused and
insisted on the agreement. Arturo issued a demand letter and when Robert did not
comply, Arturo filed an action to foreclose the mortgage. Robert moved to dismiss the
complaint for lack of cause of action as the debt was not yet due. The resolution of the
motion to dismiss was delayed because of the retirement of the judge.

a. On October 1, 2007, pending resolution of the motion to dismiss, Arturo filed an

amended complaint alleging that Robert's debt had in the meantime become due
but that Robert still refused to pay. Should the amended complaint be allowed
considering that no answer has been filed? (3%)
 b. Would your answer be different had Arturo filed instead a supplemental
complaint stating that the debt became due after the filing of the original
complaint? (2%)

XII

After receiving the adverse decision rendered against his client, the defendant, Atty.
Sikat duly filed a notice of appeal. For his part, the plaintiff timely filed a motion for
partial new trial to seek an increase in the monetary damages awarded. The RTC
instead rendered an amended decision further reducing the monetary awards. Is it
necessary for Atty. Sikat to file a second notice of appeal after receiving the amended
decision? (3%)

XIII

An heir/oppositor in a probate proceeding filed a motion to remove the administrator on

the grounds of neglect of duties as administrator and absence from the country. On his
part the heir/oppositor served written interrogatories to the administrator preparatory to
presenting the latter as a witness. The administrator objected, insisting that the modes
of discovery apply only to ordinary civil actions, not special proceedings. Rule on the
matter. (4%)

XIV

On August 15, 2008, Edgardo committed estafa against Petronilo in the amount of P3
Million. Petronilo brought his complaint to the National Bureau of Investigation, which
found that Edgardo had visited his lawyer twice, the first time on August 14, 2008 and
the second on August 16, 2008; and that both visits concerned the swindling of
Petronilo. During the trial of Edgardo, the RTC issued a subpoena ad testificandum to
Edgardo's lawyer for him to testify on the conversations during their first and second
meetings. May the subpoena be quashed on the ground of privileged communication?
Explain fully. (4%)

XV

Half-brothers Roscoe and Salvio inherited from their father a vast tract of unregistered
land. Roscoe succeeded in gaining possession of the parcel of land in its entirety and
transferring the tax declaration thereon in his name. Roscoe sold the northern half to
Bono, Salvio's cousin. Upon learning of the sale, Salvio asked Roscoe to convey the
southern half to him. Roscoe refused as he even sold one-third of the southern half
along the West to Carlo. Thereupon, Salvio filed an action for the reconveyance of the
southern half against Roscoe only. Carlo was not impleaded. After filing his answer,
Roscoe sold the middle third of the southern half to Nina. Salvio did not amend the
complaint to implead Nina.
After trial, the court rendered judgment ordering Roscoe to reconvey the entire southern
half to Salvio. The judgment became final and executory. A writ of execution having
been issued, the Sheriff required Roscoe, Carlo and Nina to vacate the southern half
and yield possession thereof to Salvio as the prevailing party. Carlo and Nina refused,
contending that they are not bound by the judgment as they are not parties to the case.
Is the contention tenable? Explain fully. (4%)

XVI

The mutilated cadaver of a woman was discovered near a creek. Due to witnesses
attesting that he was the last person seen with the woman when she was still alive,
Carlito was arrested within five hours after the discovery of the cadaver and brought to
the police station. The crime laboratory determined that the woman had been raped.
While in police custody, Carlito broke down in the presence of an assisting counsel and
orally confessed to the investigator that he had raped and killed the woman, detailing
the acts he had performed up to his dumping of the body near the creek. He was
genuinely remorseful. During the trial, the State presented the investigator to testify on
the oral confession of Carlito. Is the oral confession admissible as evidence of guilt?
(4%)

XVII

Ben sold a parcel of land to Del with right to repurchase within one (1) year. Ben
remained in possession of the property. When Ben failed to repurchase the same, title
was consolidated in favor of Del. Despite demand, Ben refused to vacate the land,
constraining Del to file a complaint for unlawful detainer. In his defense, Ben averred
that the case should be dismissed because Del had never been in possession of the
property. Is Ben correct? (4%)

XVIII

Domenico and Gen lived without benefit of marriage for twenty years, during which time
they purchased properties together. After Domenico died without a will, Gen filed a
petition for letters of administration. Domenico's siblings opposed the same on the
ground that Gen has no legal personality. Decide. (4%)

XIX

After Alma had started serving her sentence for violation of Batas Pambansa Blg. 22
(BP 22), she filed a petition for writ of habeas corpus, citing Vaca vs. CA where the
sentence of imprisonment of a party found guilty of violation of BP 22 was reduced to a
fine equal to double the amount of the check involved. She prayed that her sentence be
similarly modified and that she be immediately released from detention. In the
alternative, she prayed that pending determination on whether the Vaca ruling applies to
her, she be allowed to post bail pursuant to Rule 102, Sec.14, which provides that if a
person is lawfully imprisoned or restrained on a charge of having committed an offense
not punishable by death, he may be admitted to bail in the discretion of the court.
Accordingly, the trial court allowed Alma to post bail and then ordered her release. In
your opinion, is the order of the trial court correct -

a. Under Rule 102? (2%)

b. Under the Rules of Criminal Procedure? (2%)

XX

A tugboat owned by Speedy Port Service, Inc. (SPS) sank in Manila Bay while helping
tow another vessel, drowning five (5) of the crew in the resulting shipwreck. At the
maritime board inquiry, the four (4) survivors testified. SPS engaged Atty. Ely to defend
it against potential claims and to sue the company owning the other vessel for damages
to the tug. Ely obtained signed statements from the survivors. He also interviewed other
persons, in some instance making memoranda. The heirs of the five (5) victims filed an
action for damages against SPS.

Plaintiffs' counsel sent written interrogatories to Ely, asking whether statements of

witnesses were obtained; if written, copies were to be furnished; if oral, the exact
provisions were to be set forth in detail. Ely refused to comply, arguing that the
documents and information asked are privileged communication. Is the contention
tenable? Explain. (4%)

XXI

a. Compare the certiorari jurisdiction of the Supreme Court under the Constitution
with that under Rule 65 of the Rules of Civil Procedure. (4%)
b. Give at least three instances where the Court of Appeals may act as a trial court.
(3%)

NOTHING FOLLOWS.
CRIMINAL LAW

PART I

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more than two (2) sentences. (5%)

a. Amado, convicted of rape but granted an absolute pardon by the President, and
one year thereafter, convicted of homicide, is a recidivist.
b. The creditor who resorts to forced labor of a child under the pretext of
reimbursing himself for the debt incurred by the child’s father commits the crime
of slavery.
c. The use of an unlicensed firearm in homicide is considered a generic aggravating
circumstance which can be offset by an ordinary mitigating circumstance.
d. A person who, on the occasion of a robbery, kills a bystander by accident is liable
for two separate crimes: robbery and reckless imprudence resulting in homicide.
e. A policeman who, without a judicial order, enters a private house over the
owner’s opposition is guilty of trespass to dwelling.

II

Antero Makabayan was convicted of the crime of Rebellion. While serving sentence, he
escaped from jail. Captured, he was charged with, and convicted of, Evasion of Service
of Sentence. Thereafter, the President of the Philippines issued an amnesty
proclamation for the offense of Rebellion. Antero applied for and was granted the
benefit of the amnesty proclamation.

Antero then filed a petition for habeas corpus, praying for his immediate release from
confinement. He claims that the amnesty extends to the offense of Evasion of Service of
Sentence. As judge, will you grant the petition? Discuss fully. (4%)

III

Rigoberto gate-crashed the 71st birthday party of Judge Lorenzo. Armed with a piece of
wood commonly known as dos por dos, Rigoberto hit Judge Lorenzo on the back,
causing the latter’s hospitalization for 30 days. Upon investigation, it appeared that
Rigoberto had a grudge against Judge Lorenzo who, two years earlier, had cited
Rigoberto in contempt and ordered his imprisonment for three (3) days.

a. Is Rigoberto guilty of Direct Assault? Why or why not? (3%)

b. Would your answer be the same if the reason for the attack was that when Judge
Lorenzo was still a practicing lawyer ten years ago, he prosecuted Rigoberto and
succeeded in sending him to jail for one year? Explain your answer. (3%)
 IV

Charlie hated his classmate, Brad, because the latter was assiduously courting Lily,
Charlie’s girlfriend. Charlie went to a veterinarian and asked for some poison on the
pretext that it would be used to kill a very sick, old dog. Actually, Charlie intended to use
the poison on Brad.

The veterinarian mistakenly gave Charlie a non-toxic powder which, when mixed with
Brad’s food, did not kill Brad.

a. Did Charlie commit any crime? If so, what and why? If not, why not? (3%)
b. Would your answer be the same if Brad proved to be allergic to the powder, and
after ingesting it with his food, fell ill and was hospitalized for ten (10) days?
Explain. (3%)

Ponciano borrowed Ruben’s gun, saying that he would use it to kill Freddie. Because
Ruben also resented Freddie, he readily lent his gun, but told Ponciano: "O, pagkabaril
mo kay Freddie, isauli mo kaagad, ha." Later, Ponciano killed Freddie, but used a knife
because he did not want Freddie’s neighbors to hear the gunshot.

a. What, if any, is the liability of Ruben? Explain. (3%)

b. Would your answer be the same if, instead of Freddie, it was Manuel, a relative
of Ruben, who was killed by Ponciano using Ruben’s gun? Explain. (3%)

VI

Baldo killed Conrad in a dark corner, at midnight, on January 2, 1960. Dominador

witnessed the entire incident, but he was so scared to tell the authorities about it.

On January 2, 1970, Dominador, bothered by his conscience, reported the matter to the
police. After investigation, the police finally arrested Baldo on January 6, 1980. Charged
in court, Baldo claims that the crime he committed had already prescribed.

Is Baldo’s contention correct? Explain. (3%)

VII

Charina, Clerk of Court of an RTC Branch, promised the plaintiff in a case pending
before the court that she would convince the Presiding Judge to decide the case in
plaintiff’s favor. In consideration therefor, the plaintiff gave Charina P20,000.00.

Charina was charged with violation of Section 3 (b) of Republic Act No. 3019,
prohibiting any public officer from directly or indirectly requesting or receiving any gift,
present, percentage, or benefit in connection with any contract or transaction x x x
wherein the public officer, in his official capacity, has to intervene under the law.

While the case was being tried, the Ombudsman filed another information against
Charina for Indirect Bribery under the Revised Penal Code. Charina demurred to the
second information, claiming that she can no longer be charged under the Revised
Penal Code having been charged for the same act under R.A. 3019.

Is Charina correct? Explain. (3%)

VIII

While Alfredo, Braulio, Ciriaco, and Domingo were robbing a bank, policemen arrived. A
firefight ensued between the bank robbers and the responding policemen, and one of
the policemen was killed.

a. What crime or crimes, if any, had been committed? Explain. (3%)

b. Suppose it was Alfredo who was killed by the responding policemen, what
charges can be filed against Braulio, Ciriaco and Domingo? Explain. (2%)
c. Suppose in the course of the robbery, before the policemen arrived, Braulio shot
and killed Alfredo following a heated disagreement on who should carry the
money bags, what would be the criminal liability of Braulio, Ciriaco and
Domingo? Explain. (2%)

IX

Virgilio, armed with a gun, stopped a van along a major thoroughfare in Manila, pointed
the gun at the driver and shouted: "Tigil! Kidnap ito!"

Terrified, the driver, Juanito, stopped the van and allowed Virgilio to board. Inside the
van were Jeremias, a 6-year-old child, son of a multi-millionaire, and Daday, the child’s
nanny. Virgilio told Juanito to drive to a deserted place, and there, ordered the driver to
alight. Before Juanito was allowed to go, Virgilio instructed him to tell Jeremias’ parents
that unless they give a ransom of P10-million within two (2) days, Jeremias would be
beheaded. Daday was told to remain in the van and take care of Jeremias until the
ransom is paid. Virgilio then drove the van to his safehouse.

What crime or crimes, if any, did Virgilio commit? Explain. (5%)

To secure the release of his brother Willy, a detention prisoner, and his cousin Vincent,
who is serving sentence for homicide, Chito asked the RTC Branch Clerk of Court to
issue an Order which would allow the two prisoners to be brought out of jail. At first, the
Clerk refused, but when Chito gave her P50,000.00, she consented.
She then prepared an Order requiring the appearance in court of Willy and Vincent,
ostensibly as witnesses in a pending case. She forged the judge’s signature, and
delivered the Order to the jail warden who, in turn, allowed Willy and Vincent to go out
of jail in the company of an armed escort, Edwin. Chito also gave Edwin P50,000.00 to
leave the two inmates unguarded for three minutes and provide them with an
opportunity to escape. Thus, Willy and Vincent were able to escape.

What crime or crimes, if any, had been committed by Chito, Willy, Vincent, the Branch
Clerk of Court, Edwin, and the jail warden? Explain your answer. (5%)

PART II

XI

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more than two (2) sentences. (5%)

a. Life imprisonment is a penalty more favorable to the convict than reclusion

perpetua.
b. Voluntary surrender is a mitigating circumstance in all acts and omissions
punishable under the Revised Penal Code.
c. In a prosecution for fencing under P.D. 1612, it is a complete defense for the
accused to prove that he had no knowledge that the goods or articles found in his
possession had been the subject of robbery.
d. In the crime of libel, truth is an absolute defense.
e. For a person who transacts an instrument representing the proceeds of a
covered unlawful activity to be liable under the Anti-Money Laundering Act (R.A.
9160, as amended), it must be shown that he has knowledge of the identities of
the culprits involved in the commission of the predicate crimes.

XII

a. In a conviction for homicide, the trial court appreciated two (2) mitigating
circumstances and one (1) aggravating circumstance. Homicide under Article
249 of the Revised Penal Code is punishable by reclusion temporal, an
imprisonment term of twelve (12) years and one (1) day to twenty (20) years.
Applying the Indeterminate Sentence Law, determine the appropriate penalty to
be imposed. Explain. (3%)
b. Will your answer be the same if it is a conviction for illegal possession of drugs
under R.A. 9165 (Dangerous Drugs Act of 2002), the prescribed penalty of which
is also imprisonment for a term of twelve (12) years and one (1) day to twenty
(20) years? Why or why not? (3%)
 XIII

Angelo devised a Ponzi Scheme in which 500 persons were deceived into investing
their money upon a promise of a capital return of 25%, computed monthly, and
guaranteed by post-dated checks. During the first two months following the investment,
the investors received their profits, but thereafter, Angelo vanished.

Angelo was charged with 500 counts of estafa and 2,000 counts of violation of Batas
Pambansa (BP) 22. In his motion to quash, Angelo contends that he committed a
continued crime, or delito continuado, hence, he committed only one count of estafa
and one count of violation of BP 22.

a. What is delito continuado? (1%)

b. Is Angelo’s contention tenable? Explain. (4%)

XIV

Following his arrest after a valid buy-bust operation, Tommy was convicted of violation
of Section 5, Republic Act 9165. On appeal, Tommy questioned the admissibility of the
evidence because the police officers who conducted the buy-bust operation failed to
observe the requisite "chain of custody" of the evidence confiscated and/or seized from
him.

What is the "chain of custody" requirement in drug offenses? What is its rationale? What
is the effect of failure to observe the requirement? (3%)

XV

Joe was 17 years old when he committed homicide in 2005. The crime is punishable
by reclusion temporal. After two years in hiding, he was arrested and appropriately
charged in May 2007. Since Republic Act 9344 (Juvenile Justice and Welfare Act of
2006) was already in effect, Joe moved to avail of the process of intervention or
diversion.

a. What is intervention or diversion? Is Joe entitled to intervention or diversion?

Explain. (3%)
b. Suppose Joe’s motion for intervention or diversion was denied, and he was
convicted two (2) years later when Joe was already 21 years old, should the
judge apply the suspension of sentence? Explain. (2%)
c. Suppose Joe was convicted of attempted murder with a special aggravating
circumstance and was denied suspension of sentence, would he be eligible for
probation under Presidential Decree (PD) 968, considering that the death penalty
is imposable for the consummated felony? Explain. (2%)

XVI
Roger and Jessie, Municipal Mayor and Treasurer, respectively, of San Rafael, Leyte,
caused the disbursement of public funds allocated for their local development programs
for 2008. Records show that the amount of P2-million was purportedly used as financial
assistance for a rice production livelihood project. Upon investigation, however, it was
found that Roger and Jessie falsified the disbursement vouchers and supporting
documents in order to make it appear that qualified recipients who, in fact, are non-
existent individuals, received the money.

Roger and Jessie are charged with malversation through falsification and violation of
Section 3 (e) of R.A. 3019 for causing undue injury to the government. Discuss the
propriety of the charges filed against Roger and Jessie. Explain. (4%)

XVII

Wenceslao and Loretta were staying in the same boarding house, occupying different
rooms. One late evening, when everyone in the house was asleep, Wenceslao entered
Loretta’s room with the use of a picklock. Then, with force and violence, Wenceslao
ravished Loretta. After he had satisfied his lust, Wenceslao stabbed Loretta to death
and, before leaving the room, took her jewelry.

a. What crime or crimes, if any, did Wenceslao commit? Explain. (4%)

b. Discuss the applicability of the relevant aggravating circumstances of dwelling,
nocturnity and the use of the picklock to enter the room of the victim. (3%)
c. Would your answer to [a] be the same if, despite the serious stab wounds she
sustained, Loretta survived? Explain. (3%)

XVIII

At the Maligaya Disco Club, Leoncio and Evelyn were intimately dancing a very
seductive dance number. While gyrating with their bodies, Leoncio dipped his private
parts in Evelyn’s buttocks. Incensed, Evelyn protested, but Leoncio continued and
tightly embraced her.

a. What crime or crimes, if any, did Leoncio commit? Explain. (3%)

b. Would your answer be the same if, even after the music had stopped, Leoncio
continued to dance dirty, rubbing his private parts on Evelyn’s buttocks? Explain.
(3%)

XIX

Delmo learned that his enemy, Oscar, was confined at the Intensive Care Unit (ICU) of
the Philippine Medical Center. Intending to kill Oscar, Delmo disguised himself as a
nurse, entered the ICU, and saw a man lying on the hospital bed with several life-saving
tubes attached to the body. Delmo disconnected the tubes and left. Later, the resident
physician doing his rounds entered the ICU and, seeing the disconnected tubes,
replaced them. The patient survived. It turned out that the patient was Larry, as Oscar
had been discharged from the hospital earlier.

Delmo was charged with frustrated murder, qualified by evident premeditation and
treachery as aggravating circumstances. Discuss the propriety of the charge. (4%)

-NOTHING FOLLOWS-