1986 Bar Questions

1. Prepare a Motion to Quash a criminal complaint for seduction filed against the accused John
Doe who is your client on the ground that the complaining witness Jane Colt and your client
subsequently contracted marriage in a civil ceremony solemnized by Judge Magistrado of
Tarlac, Tarlac on November 12, 1986. Omit caption and title of the case. Sign as Atty.
Abogado. Service should be made on your adverse counsel, Atty. Compañero.

Answer:

(Caption & Title Omitted)

Defendant ofcounsel, respectfully alleges:

1. Defendant is accused in the above titled case of seduction allegedly committed against Jane
Colt
2. On November 12 1986 defendant and complaining witness Jane Colt entered into a contract of
marriage solemnized by JudgeMagistrado of Tarlac, evidence of which is a certified copy of the
certificate of marriage, attached hereto as Annex “A”.

Wherefore, considering said marriage and Article 344 of the revised penal code, it is respectfully
prayed that the complaint and information be quashed.

Manila, November 20, 1986.

AttyAbogado
Counsel for defendant
ABC Bldg. Rizal Avenue, Manila

PTR NO. _ _ _ _ _ _ _ _ _
IBP NO. _ _ _ _ _ _ _ _ _ _

Copy furnished:

AttyCompanero
Counsel for complainant
XYZ Blg, Juan Luna St.
Mnila
2. You are Judo Doe, a resident of Vigan, Ilocos Sur. Prepare a simple Holographic Will
disposing of all your properties, whether real, personal, or mixed, in favor of your wife Beth
Doe and your two children, Pearl Doe and Rose Doe.

Answer:
(The following sample of holographic will should be understood as entirely handwritten)

In the name God, Amen

I, Judo Doe, Resident of Vigan, Illocos Sur, sixty years of age and of sound and disposing
mind, herby declared this my last will and testament:

1. I give and devise to my daugeters pearly doe and rose doe, pro indiviso, y fishpond
located in Malabon, Rizal and covered by a certificate of titelNo. _____________, of the
register of deeds of Rizal province
2. The net residue of my estate, real and personal, after payment of my just dets, I give,
bequeath and devise to my wife Juanita Does.
Vigan, Illocos Sur, December 3, 1986.

3. You won a Damage claim for your plaintiff client, John Doe, before the Regional Trial Court
of Makati which awarded him a total of P300, 000 in damages in a decision dated November
21, 1986. Today, defendant Peter Ewe delivers a manager's check payable to the order of your
client in the amount of P300, 000 and insists that the court be advised immediately. John Doe
and Peter Ewe show up at your house and you are requested to prepare the proper pleading
so that Peter Ewe can get a signed copy right away. Prepare the appropriate pleading. (Omit
caption and title, refer to yourself as Atty. Abogado)

Answer:

(Caption & title omitted)

ADMISSION OF SATISFACTION OF JUDGEMENT

Plaintiff by counsel,respectfully alleges:

1. On November 21 1986 judgement was rendered ordering defendant to pay plantiff P300,000 in
damages
2. On November 30, 1986, defendant fully satisfied the aforementioned judgement by tendering,
and the plaintiff accepting, the sum adjudged against him
Wherefore, in view of the payment and acceptance, plaintiff executes this admission and prays that
satisfaction of judgement in the instant case be noted and entered by the clerk in his docket
 Quezon City, November 30, 1986

AttyAbogado
Counsel for plaintiff
Address _ _ _ _ _ _ _ _ _ _

PTR No. _ _ _ _ _ _ _ _ _
IBP No. _ _ _ _ _ _ _ _ _

Copy Furnished:

Pete Ewe
Address

4. Prepare a Special Power of Attorney for Mr. Ahmed Agaz, Filipino, married and a resident of
Jolo, Sulu, empowering Juan Doe, Filipino, married and a resident of No. 5 Santolan Street,
Quezon City, to collect for one year starting January 1, 1987 Ahmed's pension checks from
the Social Security System, SSS Building, Quezon City, and to pay the proceeds of the
pension checks to Blue Chips Corporation, with offices at Quezon Circle, Diliman, Quezon
City, until the full amount of P12,000 has been paid. Omit the notarial acknowledgment.

Answer:

Known all men by these presents:

That I , AhmendAgaz, of legal age, Filipino, married and a resident of Jolo, Sulu have named,
constituted and appointed Juan Doe, of legal age, Filipino, married and a resident of No. 5, Santolan
Street Quezon City to be my true and lawfull attorney-in-fact, and in my name, place and stead, do
and perform the following:

1. To collect for the next 12 months, starting January 1, 1987, my pension checks from the social
security system SSS Bldg, Quezon City;
2. To pay from the proceeds of said pension checks to Blue Chips Corporation, located at Quezon
Circle, Diliman Quezon City, the sum of P12,000 until the said amount is fully paid;
Giving and granting unto my said attorney-in-fact power and authority to do every act necessary and
requisite in connection with the said premises, hereby ratifying and confirming all that he may do by
virtue of these presents.

In witness whereof I have hereunto set my signature this _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _

1986.

_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _
 In the presence of:

_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _

5. Mr Gene Manger, General Manager of Avis Rent-A-Car (Philippines), Inc. with offices at 311
P. Casal St., Quiapo, Manila, entered into a contract for the company whereby a car, Lancer
Model 1984 valued at P290, 000 with Plate No. DAY-203, was rented out for the week of
October 11 to 18, 1986 to Mr. John Doe, an American who had indicated that he resides at
Room 1024 of the Manila Hotel. The car was not returned by the latter on the date agreed
upon. Prepare the verified complain for replevin. Sign as Atty. Abogado. Omit caption and
title.

Answer:

(Caption and title omitted)

Plantiff, by counsel respectfully alleges:

1. That the plaintiff is a general manager of Avis Rent-a-Car (Philippines) Inc, with offices
at 311 P Casal St. Quiapo Manila, and the defendant is an American citizen, residing
at room 1024, Manila Hotel, where he may be served summons;
2. That Avis Rent-A-Car is the registered owner of a Lancer car model 1984, with plate
no DAY 203;
3. That on October 11, 1986m defendant rented from plaintiff said Lancer car for a week
from October 11, to 18, 1986;
4. That on October 20, 1986, and for the next 3 days thereafter, plaintiff demanded from
defendant the return of said car, but defendant avoided returning the car by giving on
reason of another;
5. That said car has not been taken for tax assessment of fine pursuant to law, or seized
on execution or attached;
6. That the value of the said car is P290,000;
7. The plaintiff is ready and willing to give bond executed to the defendant in double the
value of the property for the return of the property to the defendant should be
adjudged, or for the payment of such sum that defendant may recover from the plaintiff
in auction.
Whereof, plaintiff prays that:

1. The sheriff or other proper officer be ordered to take possession of the car and
dispose of it in accordance with the Rules of Court;
 2. After hearing, judgement be rendered declaring that plaintiff is entitled to the
possession of the car or, should this prove unavailing, sentencing defendant to pay the
value of the car.

Quezon City, for Manila, 3 December 1986

AttyAbogado
Counsel for plaintiff

PTR NO _ _ _ _ _ _ _ __ _ _ _ _ _ _ _
IBP NO _ _ _ _ _ _ _ __ _ _ _ _ _ _ _

Verification

Republic of the Philippines )

City of Manila ) SS

I, Gene Manger, of legal age, with office at 311 P Casal St, Quiapo Manila after being
sworn according to Law, hereby depose and say:

1. That I am a general manager of Avis Rent-A-Car (Philippines), with office address at

311 P Casal St. Quiapo Manila;
2. That I cause the filing of the foregoing complaint and that the allegation therein are
true of my own knowledge.
Manila, Philippines, 3 December 1986.

_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _
GENE MANGER

Subscribed and sworn before me this _ _ _ _ _ _ _ _ day of December 1986,

affiant exhibiting his residence no. _ _ _ _ _ _ _ _ issued in Manila on _ _ _ _ _ _ _ _ 1986.

_ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _
Until Dec 31, 198_
Doc No. _ _ _ _ _ _ _ _
Page No. _ _ _ _ _ _ _ _
Book No. _ _ _ _ _ _ _ _
Series of 1986.
 1987 Bar Questions

1. You represent the defendant in a civil case pending in Manila Regional Trial Court, Branch 299. It
is now December 8, 1987 and the case is set for trial for December 17, a Thursday; but because
of a previously set business meeting in which your presence is indispensable, you want to
postpone the court hearing set for December 17. Prepare a complete motion for postponement.

Answer:

REPUBLICOF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
Manila, Branch 299

PEDRO CRUZ, Civil Case No. 10

Plaintiff, For Sum of Money

-versus-

JUAN PEREZ,
Defendant.
x---------------------------------------------------------------------------------------------------------------------------------x

MOTION FOT POSTPONEMENT

Comes now the defendant through undersigned counsel and to this Honorable Court respectfully
alleges:

1. That the above entitled case was set for trial on December 17, 1987 at 8:30 A.M.;
2. That the undersigned counsel had to attend a business meeting on December 17, 1987 which
was previously set;
3. That his presence in said meeting is indispensable, hence, will not be able to attend the trial on
said date;
4. That this request for postponement of the hearing is not for the purpose of delaying the trial of
the case.

WHEREFORE, it is respectfully prayed that the hearing on December 17, 1987 be postponed to another
day at the convenience of this Honorable Court.

Manila, December 4, 1987.

 XYZ
Counsel for the Defendant

NOTICE OF HEARING

Attorney ConradoJuez
Counsel for the Plaintiff
37 Calamba, Quezon City

Please be notified that the foregoing motion for postponement is set for hearing and for the
consideration of the Honorable Court on December 10, 1987 at 8:30 A.M.

XYZ

Copy served on
Atty. ConradoJuez
37 Calamba, Quezon City

2. Prepare the necessary resolutions to be adopted by a company’s stockholders, to effect: (a) an

increase in the number of directors, from five to seven; and (b) the necessary amendment of the
articles of incorporation with respect to such increase of membership in the board. Supply such
other data that in your opinion would be necessary to include in such resolutions.

Answer:

(A)

XYZ CORPORATION

Resolution No. 2, Series of 1987

WHEREAS, in a meeting called for the purpose, wherein all stockholders were duly notified in
accordance with law, the meeting of stockholders representing 90% of the subscribed and paid capital stock
was held on November, 1987 in principal office of XYZ Corporation.

WHEREAS, during said meeting presided by AC President of the said corporation by a vote of
stockholders representing more than 2/3 of the subscribed and paid up capital stock voted to amend the
Articles of Incorporation by increasing the number of board of directors from five to seven.
 WHEREAS, the stockholders have resolved to submit the said amendments for approval of the
Security and Exchange Commission.

IN WITNESS WHEREOF, I have hereunto attest to the approval of said Resolution.

JPC
Secretary of the Corporation

Attested:

PV
President

(B)

AMENDED ARTICLES OF INCORPORATION OF THE XYZ CORPORATION

WHEREAS, in a meeting of the stockholders of the corporation called for the purpose on November
2, 1987 in the provincial office of the XYZ Corporation in Manila by a vote representing more than 2/3 of the
subscribed and paid-up capital stock of said corporation, Article 5 of the Articles of Incorporation is hereby
amended to read:

“5. That the number of Board of Directors shall be seven (7) … “

IN WITNESS WHEREOF, I JPC, Secretary of the Corporation attest to the approval of said
Resolution.

JPC
Secretary of the Corporation

Attested:

PV
President

3. Prepare a contract of lease covering an apartment located in 001 Atis St., Makati. The lessee
agrees to pay a monthly rental of P5,000.00. The entire period of the lease shall be 12 months,
 renewable upon mutual agreement of the parties. Furnish the terms and conditions that in your
opinion will protect the lessor who is your client.

Answer:

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This agreement made and entered into at Makati, Metro Manila, Philippines, this 27 th day of
November 1987 by and between Jose Uy, of legal age, married to Petra Uy, and a resident of Makati,
hereinafter called the landlord, and Jess Cruz, of legal age, single, and a resident of Makati,
hereinafter called the tenant evidences that the parties have agreed as follows:

1. In consideration of the rent and the tenant’s covenants hereinafter reserved and
contained, the lessor hereby demises and leases to the tenant an apartment located at
001 Atis St., Makati, belonging to the landlord, covered by TCT No. 100, Register of
Deeds of Makati.
To hold the Tenant for the term of 12 months.
Yielding and praying therefore during the said term, rent at the rate of Php5,000.00 to
be made on the first 10 days of each month of which the first shall be made on the first
day of January 1988.
2. The tenant hereby covenants with the landlord as follows:
(a) To pay the rent as aforesaid without the necessity of express demand therefor, at
the residence of the landlord;
(b) To keep the leased premises in good and habitable condition, making the necessary
repairs and painting inside and outside the house;
(c) Not to make alterations and improvements on the premises without the written
consent of the landlord, and, in case of such authorized alterations and
improvements on the premises, any and all such improvements shall become the
property of the landlord at the expiration of this lease.

IN WITNESS WHEREFOR, We have hereunto set our signatures on this 29th day of November 1987 at
Makati.

JOSE UY JESS CRUZ

Landlord Tenant

_______________________ _______________________
Witness Witness
ACKNOWLEDGMENT

On this 29th day of November 1987 personally appeared before me Jose Uy, landlord, and Jess
Cruz, tenant, to me known and known to me to be the same persons who executed the foregoing contract of
lease and acknowledged to me that the same is their free act and voluntary deed.
 They exhibited to me their Residence Certificate No. ______________ issued at Manila on January
10, 1987 and his Residence Certificate No. 789 issued at Makati on June 11, 1987, and Tax Account No.
678, respectively.

XYZ
Notary Public
My commission expires
December 31, 1988
Doc No. ___________
Book No. __________
Page No. __________
Series of 1987.

4. Your client was the victim of a hit and run car owned by DD and driven by FF. After you had taken
the steps to file the required court actions against DD and the driver, your client was convinced
by the car owner to accept a sum of money by way of settlement, since the amount offered was
fair and reasonably covered all the expenses incurred. Prepare the document of Release and
Waiver that in your opinion will best protect the interest of your client, the victim and will likewise
be legally sufficient and acceptable to the car owner and his driver.

Answer:

RELEASE AND WAIVER

I, JUAN DE LA CRUZ, Filipino citizen, of legal age and resident of 7 Kitanlad, Quezon City
after been duly sworn in accordance with the law hereby states:

1. That as a result of a motor vehicle accident which occurred on Novemeber 1, 1987 in

Quezon City, when I was hit by a car driven by FF and owned by DD, I filed a criminal
and civil complaint against both FF and DD in the Regional Trial Court of Quezon City;
2. That after verifying the facts, I realized that said FF was not altogether reckless in driving
said vehicle;
3. That in order to settle the case amicably and since the owner of the car DD had offered
to pay all the medical expenses I incurred and the losses suffered in the total amount of
Php10,000.00 which I hereby acknowledge, I am withdrawing my complaint in both civil
and criminal cases file in the Regional Trial Court of Quezon City (Civil Case No. 497
and Criminal Case No. 5179);
4. That by virtue thereof, I am waiving all my rights to file any civil and criminal cases
against both FF and DD.
 Quezon City, November 29, 1987.

JUAN DE LA CRUZ

Republic of the Philippines

Quezon City

SUBSCRIBED and sworn to before me this 29th day of November 1987 in Quezon City, by affiant
Juan de la Cruz, who exhibited to me his Residence Certificate No. 5789, issued at Quezon City, on July 1,
1987, and TAN 7987.

PC
Notary Public
My commission expires
December 31, 1987
Doc No. ___________
Book No. __________
Page No. __________
Series of 1987