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ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAWBAR EXAMINATION1997
BAR EXAMINATION 1998
BAR EXAMINATION1999
BAR EXAMINATION2000
BAREXAMINATION2001
BAR EXAMINATION2002
QUESTION #1a. Jurisdiction a. Civil Actions vs.
Special Proceeding
b. Construction of the Rules of Court
a. Katarungang Pambarangay Law
b. Conciliation proceedings under KPL vs. Amicable settlement during pre-trial conference
a. Reply
b. Unverified motion
c. Action on contractual money claims (Rule 3,sec. 20)
a. Demurrer to Evidence
a. Examination of judgment obligor when judgment unsatisfied (Rule 39,sec. 36)
b. Summons QUESTION #2
a. Cross-claimThird party complaint
a. Jurisdiction on Counterclaim
a. Action vs. Cause of Action
a. Certification of non-forum shopping
b. Jurisdiction of a probate of will
a. Default
b. Production or Inspection of Documents or things (Rule 27)
QUESTION #3a. Venue a. Splitting a single
cause of actionb. Non-joinder of a
necessary party
a. Splitting a cause of action
a. Filing of Motion for Reconsideration
a. Quo Warrantoa. Claim for
damages on account of improper, irregular or excessive attachment (Rule 57,sec. 20)
b. Discretionary execution (Rule 39,sec.2)
QUESTION #4a. Subpoena Duces
Tecuma. Venue b. Jurisdiction
over the subject matter
a. Joinder of causes of action
a. Res judicata and its essential requisites
a. Separate Civil Action
a. Certiorari (Rule 65)
QUESTION #5a. Ejectment a. Remedies of a a. Default a. 5 modes of a. Amicable
a. Joinder of parties RTC-
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
party declared in default
Order of Default discovery settlement Manila jurisdiction and
b. Joinder of causes of action
QUESTION #6
a. The proper venue for special proceedings
a. Duty of a counsel in case of death of a party (Rule 3, section 16)
a. Summons a. Requisites for Intervention
a. Duty to set for Pre-trial in civil cases
a. Motion for the execution of judgment
b. Barred by prior judgment
QUESTION #7
a. Pre-trial in a criminal case vs. Pre-trial in a civil case
a. Petition for Review from RTC to CA (Rule 42)
a. Counterclaim b. Counterclaim vs.
Crossclaim
a. Illegal arrest (arrest without a warrant when deemed waived)
a. Information a. Petition for
relief from judgment (Rule 38,secs. 1 and 3)
b. Administration revoked if Will discovered (Rule 82,sec.1)
QUESTION #8a. Warrant of arrest
Search warranta. Action for
Interpleader Declaratory Relief
a. Grounds for the Judgment on the Pleadings
a. Filing of a complaint in a rape case
a. Amendment of Information
a. Intestate proceedings
b. Answer of executor or administrator (Rule 86,sec. 10) When order for distribution of residue made
c. Escheats
QUESTION #9a. Amendment of
the Informationa. Grounds for the
annulment of a judgment of the
a. Appeal from RTC to CA
a. Motion to Suspend
a. Temporary Restraining Order
a. Amendment of an Information
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
RTC
b. Certiorari as an original action vs. Certiorari as a mode of appeal
b. Bail, where file (Rule 114, sec 7)
c. Plea of guilty to a lesser offense (Rule 116, sec 2)
QUESTION #10a. Judgment a. Requisites of a
trial in absentia
b. Automatic review in case of death penalty
a. Certiorari (Rule 45) vs. Certiorari (Rule 65)
a. Authority to file an Information
a. Support Pendente Lite
a. Double jeopardy
b. Provisional dismissal (Rule 117,sec 8)
c. Burden of proof for bail application (Rule 114, sec 8)
QUESTION #11a. Kinds of
Objectionsa. Petition for
Habeas Corpus
a. Lost or Destroyed Will
a. Marital Disqualification and its exception
a. Quo Warranto a. Constitution, Art. III, sec 12, R.A. 7438
QUESTION 12a. Offer of Evidence a. Appointment of
Administratora. Complaint vs.
Informationb. Injunction
a. Baptismal certificate can prove pedigree
b. Entries in the family
a. Writ of Preliminary Attachment
b. Writ of Preliminary Injunction
a. Hearsay
QUESTION 13a. Re-direct
Examinationb. Re-cross
Examinationc. Recalling Witness
a. Application for Bail
a. Prejudicial Question
a. Declaration of Default
a. Receivershipa. When separate
civil action is suspended (Rule 111, sec 2 last paragraph)
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
b. ObjectionQUESTION 14
a. Admissions a. Demurrer to Evidence
a. Bail as a matter of right vs. Bail as a matter of discretion
a. Forms of bail
a. Ejectment case a. Family Courts Act of 1997
a. Character evidence
QUESTION 15a. Dead Man Ruleb. Parol Evidence
Rulec. Best Evidence
Rule
a. Grounds to Quash an Information
a. Provisional remedies
Attachment vs. GarnishmentReplevinSupport Pendente Lite
a. Foreclosure of Mortgage
a. Summary Settlement of Estates
a. Modes of appeal to the Supreme Court
QUESTION 16a. Execution of
Judgment(Rule 39, section 6)
a. Admissions a. Effect of Death of
a party upon pending action
a. Attachment (Rule 57,sec. 14)
a. Exception to Parol Evidence
QUESTION 17
a. Bar by prior judgment vs. Conclusiveness of judgment
b. Cause of action vs. Action
Admissibility of Evidence a. Hearsay evidence
b. Exceptions to the Hearsay Rule
a. Amended complaint
a. Qualification of Witnesses (Rule 130)
QUESTION 18a. Venue for the
filing of an Information
a. Requisites of Newly Discovered Evidence
b. Requisites of Dying Declaration
a. Annulment of the Extrajudicial Foreclosure
a. Demurrer to Evidence
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAWQUESTION 19
a. Philippine court can take judicial notice of a foreign law
b. Proof of written foreign law
a. Admissibility of Testimonial Evidence
b. Probative value of a witness’ Affidavit of Recantation
a. Anti-Graft and Corrupt Practices Act (Section 13 of RA 3019)
QUESTION 20a. Original of
Document(Rule 130, section 4)
a. Rule on Marital Privilege
b. Doctrine of Parental Privilege
c. Doctrine of Privileged Communication
a. Motion to set aside the Order of Default
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QUESTION #1a. Effect of verdict
upon the political stability and economic welfare of the nation
a. Amendment to conform to or authorized presentation of evidence (Rule 10, section 5)
a. Applicability of Article 1144 of the NCC to foreign judgment
b. Certiorari (Rule 45) from CA to SC
a. Concept of Remedial Law
b. Substantive law vs. Remedial law
c. Implementation of remedial
a. Effect of foreign judgments or final orders in our courts (Rule 39, section 48)
a. Extraterritorial service of summons
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
b. Pre-trial agreementc. Private document
as both Documentary and Object evidence
d. Derivative suit vs. Class suit
e. Rule on Examination of a Child witness
laws in our system of government
d. Jurisdiction vs. Venue
e. Real actions and Personal actions
b. Foreign Arbitral Award
c. Global Injunction issued by a foreign court
QUESTION #2a. Action for Specific
Performance
b. Motion to declare the defendant in default
a. Application of the Sec. Of Justice for a warrant of arrest
b. Prohibited pleadings in the Revised Rules on Summary Procedure
a. Jurisdiction over Habeas Corpus
b. RA 8054 (Section 17(a))
c. Physical and Mental examination of persons
d. Fruit of a Poisonous Tree Doctrine
a. Jurisdiction of the Housing and Land Use Regulatory Board (HLURB)/Jurisdiction of RTC over an action for specific performance
a. Surviving Parties Rule (Rule 130, section 23)
b. Remedy after the defendant has been declared in default
c. Motiond. Counterclaim
b. Counterclaim
QUESTION #3
a. Substantial amendment of the complaint after answer has been filed
a. Summons
b. Demurrer to Evidence
a. Joinder of Causes of Action
a. Forum shopping
a. Hearsay (Rule 130, section 36)
b. Res gestae
c. Dying declarations
d. Admissions against interest
a. Venue for the reconveyance of a parcel of land
b. Venue for the foreclosure on the mortgage of the land
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAWQUESTION #4
a. Motion to Withdraw Notice of Appeal
b. Period to file Notice of appeal
a. Amendment to conform to or authorized presentation of evidence (Rule 10, section 5)
a. Splitting a single cause of action
a. Effect of failure to appear at the pre-trial in civil cases/remedies available after being declared in default
a. Petition for Writ of Habeas Corpus
b. Jurisdiction of the MeTC over recovery of physical possession of a parcel of land with an assessed value of P40,000 and P500,000 for damages
QUESTION #5(Effects)
a. Denial of Demurrer to Evidence in a civil case vs. Denial of Demurrer to Evidence in criminal case
a. Jurisdiction of MTC
b. Rendition of judgments and final orders and the remedies
c. When mistake has been made in charging the proper offense (Rule 119, section 19)
a. Production of Will; Allowance of Will Necessary (Rule 75, section 1)
b. Extrajudicial settlement of estate (Rule 74, section 1)
c. Venue in Judicial settlement of estate (Rule 73, sections 1 and 2)
a. Expropriation as to ascertainment of compensation (Rule 67, section 5)
a. Filing of a Demurrer to evidence in criminal case vs. Filing of Demurrer to evidence in a civil case
b. Reverse trial
a. Bill of Particulars
QUESTION #6
a. Judicial Foreclosure of real estate mortgaged
a. Burden of Proof vs. Burden of Evidence
b. Competency of the witness vs. Credibility of the witness
c. Legislative facts
a. When civil action may proceed independently (Rule 111,section3) (breach of
a. Certiorari as a mode of appeal from RTC or CA to the SC
b. Certiorari as a special civil action from
a. Arrest
b. Plain view doctrine
a. Attachment bond and counterbond
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
vs. Adjudicative facts
d. Hearsay evidence and Opinion evidence
e. Questions of law and Questions of fact
f. Lack of specific denial (Rule 10)
contract, quasi-delict, and culpa criminal)
RTC or CA to the SC
c. Certiorari as a mode of review of the decisions of NLRC and Constitutional Commissions
QUESTION #7a. Bill of Particulars a. Partial
Summary Judgment is an interlocutory order
b. Rules on Summary Procedure (Sec. 11)
c. Double Jeopardy
a. Writ of Preliminary Attachment
a. Mode of appeal from the decision of the Division of the Court of Tax Appeals
a. Cancellation or Correction of entries in the civil registries (Rule 108)
b. Failure to make a formal offer of evidence
a. Writ of Execution/Notice of Garnishment
QUESTION #8a. Writ of Habeas
Corpus a. Contract of Carriage
b. Warrantless Arrest
c. Preliminary Investigation
a. Judgment on the pleadings
a. Jurisdiction of the CA to review the decisions in criminal and administrative cases of the Ombudsman
a. Jurisdiction over unlawful detainer case (Rule 70)
b. Summary settlement of estates (Rule 74, section 1)
c. Production of Will; Allowance of Will necessary (Rule 75,
a. Offer of compromise not admissible (Rule 130, section 27)
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
section 1)
QUESTION #9
a. Jurisdiction over settlement of estate of a deceased person
a. Counterclaim
b. Marital Privilege Rule (exception)
a. Amendments of a complaint as a matter of right
a. Requisites of Writ of Preliminary Injunction and Final Writ of Injunction (Rule 58,section 9)
b. Injunction as an ancillary remedy vs. Injunction as a main action
a. Mandamus a. Search Warrant in RA 9165
QUESTION #10
a. Search incident to a lawful arrest
a. DNA evidenceb. Self-incrimination
c. Waiver of the right to counsel during custodial investigation
a. Third-party complaint
a. Temporary Restraining Order
b. Injunction without a bond (Rule 58, section 4 (b))
c. Duration of a TRO issued by the Executive Judge
d. TRO vs. Status Quo order
e. Authority of a justice of a Division of the CA to issue TRO
a. Certificate of Non-forum shopping
b. Execution by motion or by independent action (Rule 39, section 6)
a. Jurisdiction over the person of the accused
QUESTION #11
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
a. Injunction against the President of the Philippines
a. Cancellation or correction of entries in the civil registry
a. Interlocutory order
b. Judgment vs. Opinion of the Court
a. Amendment of the complaint
b. Supplemental pleading
QUESTION #12
a. Demurrer to Evidence
a. Finality of a judgment
b. Habeas Corpus/Motion to nullify the execution of his sentence
a. Personal Service of Summons
a. Filing of a second notice of appeal
QUESTION #13
a. Jurisdiction over the complex crime
a. Motion to quash the Information on the ground of more than one offense is charged and lack of jurisdiction
a. Production of Will; Allowance of Will necessary (Rule 75)
b. When and to whom Letters of Administration granted (Rule 78, sec. 6)
a. Modes of Discovery
(whether applicable to special proceedings)
QUESTION #14
a. Provisional Dismissal
a. Search Warrant a. Bail as a matter of right vs. Bail as a matter of discretion
a. Disqualification by reason of privileged communication
QUESTION #15
a. Dismissal in a criminal case on
a. Double Jeopardy (Rule 117, section 7)
a. Disqualificatio n by reason of marriage (Rule
a. Writ of execution issued against
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
nolle prosequi 130, section 22) persons not impleaded in the complaint
QUESTION #16
a. Reversal of the Resolution of the Provincial Prosecutor by the Sec. Of Justice
a. Res gestae Independently Relevant Statement
b. Opinion of ordinary witnesses
a. Requirements as to admission of guilt during custodial investigation
a. The Witness Protection, Security and Benefit Act (RA No. 6981)
a. Admissibility of extrajudicial confession during custodial investigation
QUESTION #17a. Preponderance of
evidence vs. Substantial evidence
a. Instances when RTC may take judicial notice of
a. Authority of the Office of the Solicitor General to represent before the RTC
b. Mandamus to compel contractual obligations
a. Unlawful Detainer
QUESTION #18a. Independent
Relevant Statement
b. Proof of lack of record
(Rule 132, section 28)
a. RA 6770b. RA 3019 (Section
13)
a. Petition for Letters of Administration by common law wife
QUESTION #19 a. Posting of bail under Rule
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
a. Admissibility of Electronic Evidence
102 or Criminal Procedure after being convicted in violation of BP 22
QUESTION #20
a. Offer of testimonial evidence
b. Res Inter Alios Acta Rule
a. Privileged Communication
QUESTION #21 Certiorari jurisdiction of the SC under the Constitution vs. Jurisdiction over Certiorari under Rule 65 of the Civil Procedure
Instances where the CA may act as a trial court
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QUESTION #1a. probative value of
DNA evidence.b. One-Day
Examination of Witness Rule
c. Injunction d. doctrine of
adoptive admission
e. Summons
a. marital privilege b. hearsay c. dying declaration
a. Motion to Withdraw Information
b. Jurisdiction : non bailable offense
QUESTION #2a. Jurisdiction :
recover the ownership and possession
b. foreclosure of the mortgage
a. Original Jurisdiction: admiralty and maritime claims
a. Chain of custodyb. Precautionary
principle
QUESTION #3a. certification of
non-forum shopping
b. jurisdiction : non resident citizen
c. jurisdiction over real property
d. non-forum shopping
a. Jurisdiction: unlawful detainer
b. Accion publiciana
a. Distinguish error of jurisdiction from error of judgment
b. jurisdiction
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
FREQUENTLY ASKED QUESTIONS IN REMEDIAL LAW BAR EXAMINATIONS FROM 1997 TO 2008:
JURISDICTION COUNTERCLAIM
VENUE Marital Privilege Rule (exception)
ADMISSIONS Writ of Preliminary Attachment
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS Hearsay evidence (exceptions to the Hearsay Rule)
AMENDMENT OF THE COMPLAINT Declaration of Default
WRIT OF HABEAS CORPUS/WRIT OF HABEAS DATA/WRIT OF AMPARO Writ of Preliminary Injunction
BAIL Disqualification by reason of marriage
INFORMATION Certiorari (Rule 65)
DEMURRER TO EVIDENCE Modes of Discovery The Writ of Execution
SUMMONS Probate of will Warrant / Arrests/Searches/
Certificate of Non-forum shopping Evidence
Quo Warranto Trial in Absentia
ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW