REM 2 FINALS EXAMINATION

OCTOBER 25, 2013

QUESTIONS
1. Elements of dying declaration?
- a declaration was made;
- it was made on the consciousness of an impending death;
- the declarant died;
- the subject of inquiry is the death of declarant.

2. Counsel asked: How and when you were able to know the defendant. As
opposing counsel, what would be your objection?

3. What is relaxed admissibility of evidence?

- when an evidence is not admitted during trial, the proponents may attach
the same to the records of the case so that it may form part of the records when
the case is appealed.

4. What is curative admissibility?

- allows a party to introduce an inadmissible evidence to answer the opposing
party's previous introduction of inadmissible evidence if it would remove any
unfair prejudice caused by the admission of the earlier inadmissibility of
evidence.

5. Counsel asked: Isnt it possible for the accused to be at the scene of the
crime. As opposing counsel, what would be your objection?
- Leading because it suggest an answer to the witness. (Not sure)

6. What is the doctrine of continuing threat?

- Under the doctrine of continuing threat, it is a situation wherein there is a

threat which is continuous in nature, and in this case, the applicant may apply
for protection order to prevent or repel such threats.

7. Appointment of regular administrator? Remedy? How?

- Appeal within 30 days by record on appeal (Rule 109 in rel. to Rule 40-41)

8. What is a hostile witness?

- a hostile witness is one who is a witness of a presenting party, declared by
the court to be hostile because of his unjustifiable refusal to testify and by
misleading the party into calling him into the witness stand

9. What is the filial privilege rule?

- Ascendants or descendants may not be compelled to testify against his
descendants or ascendants except in a civil case filed by one against the other,
or in a criminal case for a crime committed by one against the other or his
children.

10. What is the statute of non-claims?

- After the settlement of the estate, the creditors are given not less than 6
months nor more than 1 year to file their claim otherwise they are barred.

11. In a claim for dismissal, who has the burden of proof?

- It is the employee who has the burden of proof to prove that the dismissal is
valid.

12. Is intervention by an unpaid creditor allowed in the settlement of estate?

- No, it is not allowed. It is expressly provided under the rules that intervention
is not allowed in the settlement of the estate.

13. Appointment of special administrator? Remedy? Why?

- File a petition for certiorari under Rule 65 within 60 days. Appointment of
Special Administrator is NOT appealable under Rule 109, hence under Rule 41,
sec. 1, the remedy is Certiorari.

14. Adverse decision of Habeas Corpus? Remedy?

- Record on appel within 48 hours from notice of judgment or final order

15. What is the sexual abuse shield?

- Sexual abuse shield rule provides that in child abuse cases, the following
evidence is NOT admissible in evidence in any criminal proceeding involving
alleged sexual abuse: (1) evidence offered to prove that the alleged victim
engaged in other sexual behavior; and (2) evidence offered to prove the sexual
predisposition of the alleged victim.

16. Order of inclusion of properties? Remedy?

17. What is an interlocutory confession?

- Where several extrajudicial confessions had been made by several persons
charged with the same offense and without the possibility of collusion is
confirmatory of the confessions of the co-defendants and admissible against the
person implicated therein.

18. Requisite of a valid judicial admission?

19. When can an extra-judicial admission become a judicial admission?

- An extra-judicial admission becomes a judicial admission, when the
admission in the former proceeding is offered in the proceeding and was
admitted.

20. Alternative remedies of mortgagee in case of death of mortgagor?

- The remedies of the mortgagee in case of death of the mortgagor are as
follows:

(a) disregard the mortgage and prosecute his claim in an ordinary action;
(b) judicially foreclosed the mortgage; or
(c) extra-judicially foreclosed the mortgage, however, the mortgagee will
not be allowed to recover deficiency.

21. What is an independent relevant statement?

- Statement which is relevant to the fact in issue independently of whether
they are true or not.

22. What is the doctrine of presumed identity?

- Foreign laws must be alleged otherwise it shall be treated as the same as our
law.

23. Exceptions to the limitation of presentation of object evidence?

- When it is shocking or contrary to morals;
- it will cause delay;
- if another testimonial evidence is available? (See book of Dean Tan)

24. When will Rule 65 apply in a special proceeding?

25. Remedy on disallowance of claim of creditor in the settlement of estate?

26. Declaration of heirship? Remedy?

27. A recruited BCD. A has no license to recruit. BCD filed an illegal recruitment
case against A. BCD, still not contented, filed a case of estafa against A at the
same court. The counsel of A filed a motion to dismiss the case of estafa on the
ground of double jeopardy. Decide on the motion.

28. Requisite of a lost or destroyed will in order for it to be probated?

- The existence and due execution of the will must be proven;

- it must be shown that it was lost or destroyed without bad faith on the part of
the testator;
- its contents must be proven by 2 credible witnesses;
- it is allowed by the court under its seal

29. What is Falsa Demonstracion Non Lucet?

30. What is revival of present memory?

31. A foreign will was not probated in accordance with the foreign country and
not made in accordance with the foreign law. Can it be probated here in the Phil.?

32. Instances of warrantless arrest in environmental cases?

- The person has committed, is actually committing or attempting to commit an
offense in the presence of the public officer;
- when an offense has just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstance that the person to
be arrested has committed it.

33. What is the quantum of evidence in the criminal aspect of environmental

cases?

34. Definition of clear and convincing evidence?

- If it produces in the mind of the trier of fact a firm belief or conviction as to
allegations sought to be established

35. Quantum of evidence to defense of alibi?

- clear & convincing evidence

36. When can you enforce the settlement obtained in barangay conciliation?

37. ABCD while in a drinking session saw E passing by and beat him to death.
During trial, F, the wife of A, was called to testify on the witness stand. The
counsel for ABCD objected on the ground of marital disqualification. Decide.
- I will grant the objection since the spouse cannot testify against the other
spouse without his consent subject to exception.

38. A while walking was stabbed by B. A approached a bystander and requested

that the latter call a priest because he wants to make a confession. C, a priest,
came. A while under the consciousness of an impending death said I know I
have no reason for living then made his confession and afterwards died. Can
the priest be called to testify?
-

39. A died leaving a holographic will. B and C attested to the signature. D filed
for probate of holographic will and called B &C as witnesses. E contested the
probate on the ground of forgery. Decide.

40. Chinese National bought land in the Philippines. Later, he sold it to a Filipino
citizen. The Chinese National died. The Government, upon acquiring knowledge
of such fact of death, investigated the history of the property. Upon knowing that
the property sold originally belong to the Chinese National, the government
instituted escheat proceeding. Is the proceeding proper? Remedy?
- No because the ownership has already been transferred to a Filipino citizen.
- File a claim within 5 years from judgment to recover properties escheated
from the city/municipality or to recover the proceeds of the sale of the property
from city/municipality (if sold).

41. What is equiponderance of evidence?

42. ABC are squatter on the land of D. D filed a case for unlawful detainer against
ABC and obtained a favourable judgment. The court then issued a writ of
demolition. ABC filed to the court a writ of amparo on the ground of danger to life
and security?

43. The court ordered the accused for DNA testing. During the presentation of
evidence, the result of the DNA test cannot be presented because it was missing.
What is the effect?
- The DNA evidence will not be admissible in evidence because of failure to
preserve the integrity of thw evidence.

44. How to question impropriety of DNA testing?

45. A raped B. B was able to identify A as the assailant. During trial, the DNA test
shows that the semen does not belong to A. Decide.

46. Agreement admits of two interpretations........ Lord Bacon rule to....

hehehehehehehe!!!!

47. Quantum of evidence in writ of amparo?

- Substantial Evidence

48. A was caught in a buy bust operation. B was called to testify and presented
in evidence of the photocopy of the money used in the buy bust operation. The
adverse counsel objected on the ground of best evidence? Decide.
- I will deny the objection, the purpose of the presentation is to show the
existence of the money used in buy bust operation, hence it is an object
evidence. Best evidence rule is not applicable in object evidence.

49. Is there a need to prove conspiracy by direct evidence?

50. What is proffer of evidence?

51. A is a legitimate child. B is an illegitimate child. In the will, only A will inherit.
A instituted a probate proceeding for the will. B contested the proceedings on the
ground that the court has no jurisdiction to declare the status of an heir during
probate proceeding. Decide.

52. Is declaration of presumptive death of the decedent/testator necessary in

order for the settlement of estate to prosper?

53. A, a naturalized American citizen married B. A and B divorced. A married C. A

died. C applied for letters of administration. D, the son of A and B, opposed to
the letters of administration under the claim that he should be the one declared
to be administrator. Decide.

54. A reported for work and B the security guard frisk A. During the frisking, B
touched the private part of A. A slapped B thereafter. B then took the cellphone
number of A. Several days later, B sent a text message to A containing the
message Be Careful. A, feeling threatened, filed for a writ of amparo. Decide.

55. A raped B. B got pregnant. A ordered for DNA testing of the child to prove his
innocence. The test showed that he is not the father of the child. Decide. (Basta
impregnation not element of crime of rape... yun na yun)

56. Slight Physical injury filed at MTC. Is MR allowed?

57. In the above problem, if the case was elevated to the RTC on appeal. Is MR
allowed?

58. MTC rendered a decision. The RTC assailed the decision of the MTC through
certiorari. Remedy? How?

59. Effect of grant of DNA testing?

60. Court ordered DNA testing. Accused refused. Remedy?

61. Are testimonies given greater weight than affidavits? Why?

62. Requisite of judicial confession?

63. Is the court required to take judicial notice of documents which are relevant
to the issue of the case? Why?

64. Which of the following is consistent with broadside objection?

65. Which of the following does not constitute double jeopardy?

66. Rule 121, is MR allowed?

67. A and B are sweethearts. B broke up with A. As retaliation, A then text a

photo shopped picture of a nude body with the superimposed face of B. The
picture was then presented for evidence. The counsel of A raised an objection on
the ground of non-admissibility in criminal proceedings. Decide.

68. A and B are talking about the disbursement of funds. C overheard it through
his two way radio then recorded the whole conversation. When called to testify,
he presented in evidence the recording of the conversation. Is the recording
admissible in evidence?

69. A and B are talking about a car accident that happened to C. A died. B was
then called to testify on the conversation he had with A. C objected on the
ground of hearsay. Decide.

70. Piola, an incoming male model, have two sexual organ. Filed a Petition for
change of name? Decide.

71. Jenny Kagandahan-Silverio is an illegitimate child. In her birth certificate it

appears the she is legitimate. She wants then to remove the Silverio as part of
her name due to her being an illegitimate child. Remedy.

72. Requirements in order for alibi to be a valid defense?

73. Corys estate owns an apartment unit which had been leased to Gloria but
she failed to pay the monthly rentals for one year amounting to 400t. Noynoy
being the administrator of the estate filed a case before the court for an action
for recovery of possession of the property and payment of rentals. During the
plaintiffs presentation of evidence, counsel for Gloria asked Noynoy regarding
the statement of Cory to Gloria that the latter can stay in the premises as long
as she wants. If you were the counsel for Noynoy, What is your ground for
objection? (Mockbar)

74. A died in his home in Zamboanga City leaving properties located in

Pampanga and Quezon City worth 300t with B and C as surviving heirs. B a
resident of Manila filed a Petition for probate proceedings in the RTC of Quezon
City. C opposed the petition based on improper venue. Decide. (Mockbar)

75. In the above problem, if the petition was filed in Zamboanga City. Should the
judge sustain the opposition. (Mockbar)

Reminders:
1. Do not bring a copy of this at school (unless gusto mu maging sikat)
2. Only applicable come the final exams (Sge pakasaya kang gamitin sa
midterms to)
3. The exam consists of 100 items, 1 pt each (Pasesnsya na... 75 items lang
natandaan namin.. nakakahiya naman)
4. The type of exam consists of MCQ, Identification, and Mini-essay (Last Sem
eh puro MCQ lang kung may nagka-parehas lang eh day and time lang ng
exam, 10 am, friday)
5. In answering the questions, always cite legal basis or rationale or
jurisprudence (Hassle!!!!)
6. What book to use??? Anything you can get your hands on
7. The professor is not known to repeat questions he already asked so the
probability of this questions appearing on your exam is close to 0%. It
does not mean however that this samplex will not be of any help because
the question might be different but the specific topics are the same as
written or covered by this samplex. (Wag ka na pumalag... this is
experience talking, 2X)
8. Take a glance of the Mockbar, atleast 5% of the questions from this exam
came from the Mockbar (Hala... Sige... Mockbar, Samplex lang..
nyahahahahahahahha..)
9. If you plan to cheat during the exam, avoid the student assistant with the
thin physique, jet black skin, and long hair (Ang lupet ng reaction time at
ang bilis ng mata.... hmmmmmm... san bagay-bagay pa kaya sya
mabilis... na-curious aku.... bwahahahahahahahhaha)
10.CODAL MASTERY!!!! (para hndi ka mauwi sa subject mastery...
nyahahahahahahahaha)

In order to preserve your self-respect, it is sometimes necessary to lie

and cheat
-

Robert Bryne