2022 BAR EXAMINATIONS

REMEDIAL LAW I

November 20, 2022 8:00 A.M. - 12:00 P.M.

1. This is a 4-hour examination consisting of 15 items, each worth 5 points. If the item contains
sub-questions, please mark your answer separately with “(a)” followed by the corresponding
answer, then “(b)” followed by the answer.

2. Read each question carefully.Do not assume facts that are not provided in the question.

3. Answer the questions clearly and concisely.Your answer should demonstrate your ability to
analyze the facts, identify issues, apply the law and jurisprudence, and arrive at a sound and
logical conclusion. A mere “Yes” or “No” answer, or a mere legal conclusion without an
explanation will not be given full credit.

4. Allocate your time efficiently. The items are in random sequence. You may skip items and
move to items that you may find easier to answer. Use the 'Flag' feature so that you can return
to the unanswered items.

5. Do not write your name, distinguishing marks, or extraneous words or phrases in any of
your answers. This may be considered cheating and may disqualify you from the entire Bar
Examinations.

6. Do not type your final answer in the notes box, which is an optional tool. Any text written in
the notes box will not be included in your final answer

7. Technical issues during the exam are rare, but if you experience one, do not panic. Do not
attempt to submit your exam answers. Call the attention of your proctor for assistance.

8. If you need to step out of the room, use the Hide Screen feature to prevent anyone else from
seeing your answers.

9. You have until 12:00 nn. to finish the exam.Make sure you have completed and reviewed your
answers before then. When submitting, the system will ask you one more time to confirm if you
are ready to submit your answer file, to give you another opportunity to review your answers.

10. Once done, show your proctor the green screen confirming your submission. If the green
screen does not appear, check with your proctor before leaving the room.

(Sgd.) ALFREDO BENJAMIN S. CAGUIOA

1. Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real estate
mortgage (REM) over his lot located in Quezon City with an assessed value of Php 500,000.00.
Lebron failed to pay despite written demands. The bank intends to file an action for judicial
foreclosure of the REM.

Where should the action for judicial foreclosure of the REM be filed and in which court?
 Explain briefly. (5 points)

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the lobby
of Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve the
summons because Kobe left the hotel for an emergency. Hours later, the sheriff asked the front
desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on grounds
of confidentiality. The sheriff tried again the next day, but Kobe was in a conference until
midnight. So, the following day, the sheriff left the summons and a copy of the complaint with
MH's chief security officer (CSO), even as the CSO refused because Kobe had already checked
out by then. The sheriff thereafter filed his return, stating the dates, times and places of his
attempts, the name of the CSO, and the fact that the complaint was served with the summons.
When Kobe did not file an Answer, Asya, Inc. moved to declare him in default.

Was there a valid substituted service of summons? Explain briefly. (5 points)

3. Ten days after service of summons, defendant Kay filed a motion to dismiss the complaint for
collection of sum of money against her on the ground of improper service of summons, on the
basis of which the court did not acquire jurisdiction over her person.

If you were the judge, how would you rule? Explain briefly. (5 points)

4. [This item has two questions.] Attorney Woo, the newly-hired lawyer of a law firm, booked
Samurai Express, a duly accredited courier service within the National Capital Judicial Region,
to serve a copy of a motion for reconsideration to Attorney Han, counsel for the adverse party,
whose office is in the City of Manila. Attorney Han moved to deny the motion for failure to
contain a written explanation as to why the motion was not served personally.

(a) Was the motion for reconsideration properly served? Explain briefly.

(b) What shall be considered as proof of service of this motion? Explain briefly.
(5 points)

5. Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage, alleging
as ground therefor Jewel’s psychological incapacity under Article 36 of the Family Code. The
court denied the petition for insufficiency of the evidence presented at the trial. Much later,
Jimuel again filed a petition against Jewel for the declaration of nullity of their marriage. This
time, the basis 4 of 6 of Jimuel’s petition was the absence of a marriage license at the time their
marriage was celebrated. Upon Jewel's motion, the court dismissed the petition on the ground
of res judicata by virtue of the judgment in the first suit.

Was the denial of the petition on the ground of res judicata proper? Explain briefly. (5
points)

6. Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It conducts
kitchen operations in a refurbished house located in Palanan, a residential neighborhood. Rona,
a resident of Palanan, filed an action against Isol, Inc. to enjoin the operations of its kitchen on
the ground that it emits intolerable odors and violates laws on waste disposal. In the same
action, Rona also seeks to have Isol, Inc.’s business permit revoked because an industrial
facility is not allowed by law to be located in a residential neighborhood and Isol, Inc. failed to
comply with sanitary inspection and other procedural and health requirements. In the complaint
Rona filed, she likewise prayed for the issuance of a writ of preliminary injunction (WPI) to stop
the kitchen operations during the pendency of the case. Isol, Inc., in its verified answer, strongly
opposed the prayer for WPI considering the huge financial disaster that it will suffer if the writ
 were to be issued, especially in light of the possibility that the suit could continue to be pending
for more than a year.

Based on the foregoing, may the WPI prayed for already be issued? Explain briefly. (5
points)

7. Is a prior determination of the status as a legal heir in a separate special proceeding a

8. Namjoon, a Korean national, and Regine, a Filipina, were married in Makati City on February 14,
2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by mutual
agreement in South Korea. The local court in Korea granted the divorce. Wanting to marry her
new boyfriend Taehyung, Regine filed a petition for recognition of the foreign decree of divorce
in the Regional Trial Court (RTC) of Cebu where she resides.

The Office of the Solicitor General (OSG) opposed the petition contending that the proper
remedy is a special proceeding for cancellation or correction of entries in the civil registry under
Rule 108 of the Rules of Court, which can only be filed in the RTC of Makati where the marriage
was celebrated and recorded in the Civil Registry of Makati.

Is the OSG’s contention tenable? Explain briefly. (5 points)

9. Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land it
owns. After the summary proceedings, the Municipal Trial Court (MTC) rendered judgment
against the ten defendants. The defendants filed a notice of appeal, but failed to file a
supersedeas bond to stay the judgment to vacate. Upon Notting Hill Corp.’s motion, the MTC
issued a writ of execution. 5 of 6 When Hugh, the sheriff, was implementing the writ of
execution, he discovered that the land was occupied by a number of families who all claimed
that they were legitimate lessees of the ten defendants. Julia, one of the lessees, pleaded with
Hugh, beseeching: “I’m just a lessee, standing in front of a sheriff, asking him to let me stay in
my home.”

May Hugh implement the writ of execution against the lessees? Explain briefly. (5 points)

10. An Information for Murder was filed against the accused Demo and Onyok. It reads:

“That on or about the 9th day of March 2008, in the City of Las Piñas, Philippines and within the
jurisdiction of this Honorable Court, the abovenamed accused, conspiring and confederating
together and both of them mutually helping and aiding each other, without justifiable motive, with
intent to kill and with treachery and abuse of superior strength, did then and there knowingly,
unlawfully and feloniously attack, assault and use personal violence upon one Angel Rosario, by
then and there repeatedly hitting and beating his head with a baseball bat, thereby inflicting
upon the latter mortal injury which caused his death.

Contrary to law.”

The accused filed a motion to quash on the ground that the Information does not conform
substantially to the prescribed form.
 Is the accused correct? Explain briefly. (5 points)

11. Cain was indicted under an Information charging him with the crime of Murder. He was caught
by the police in flagrante delicto as the incident happened in a public place with many witnesses
present. Videos of the incident were also posted online which the judge was able to watch.

During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court
(RTC) accepted the plea because it was made voluntarily and with full understanding of the
consequences. The RTC directed the prosecution to present evidence to prove Cain’s guilt.
However, the prosecution failed to present any evidence during the scheduled hearings. The
RTC then ruled and found Cain guilty beyond reasonable doubt based solely on his plea of guilt.

Was Cain’s conviction proper? Explain briefly. (5 points)

12.Enumerate and describe three warrants that may be issued by the courts pursuant to the
Rule on Cybercrime Warrants. (5 points)

13. Ricky, while driving his Maserati, smashes into the Toyota Vios of Dante. Immediately after the
incident, Ricky offers to pay the value of the Toyota Vios. 6 of 6 Dante still sued Ricky criminally
for Reckless Imprudence because of Ricky’s wayward and speedy driving. During trial, Dante
was called as witness to testify on Ricky’s offer to compromise as an admission of guilt. Ricky’s
counsel objected. 1âшphi1

If you were the judge, how would you rule on the objection? Explain briefly. (5 points)

14. Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which
came from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down
the stairs and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs
with blood oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell.

During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-
circuit television (CCTV) footages of the scene. Said footages showed a man appearing to be
Igor, armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video,
the same man was seen hastily leaving the premises. Vanya further testified that she was the
one who transferred to the flash drive the video footages from the barangay-owned CCTV that
was located outside their apartment.

When the footages were played in court and an enlarged screenshot was presented, Vanya
identified the shooter as Igor. The defense objected on the ground that Vanya was not the
recorder of the video footages.

Are the CCTV footages admissible as electronic evidence? Explain briefly.(5 points)

15. In a case for Estafa, the prosecution offered the photocopy of the acknowledgment receipt
signed by the accused showing personal receipt of the sum of money from the private
complainant to prove the amount of damage. Accused objected to the offer of the photocopy on
the sole ground that it is a mere reproduction of the original in violation of the original document
rule. The court overruled the accused’s objection and admitted in evidence the photocopy of the
acknowledgment receipt.

Did the court err in admitting the photocopy? Explain briefly. (5 points)