-FINAL EXAMINATION-

LEGAL FORMS SUNDAY,JUNE 28, 2020 8:00

am/10:00am. ATTY. MA. JESUSA ELEANOR SIQUIJOR-MAGBANUA,
Ll.M.

I. (20%) TRUE OR FALSE. If FALSE, write what is true. (2pts.ea.)

1. Newly discovered evidence is one of the grounds of Motion for Execution.

2. It is the Prosecutor who issues a Certificate to File Action.
3. Filing is the act of submitting the pleading or other paper to the court.
4. There is a need for inquest if accused was arrested without a warrant
5. A search warrant is issued against a person in order to bring him to court to
answer for an offense charged.
6. The authorization of the affiant to act on behalf of a party, whether in the form of
a secretary’s certificate or a special power of attorney, should be attached to the
pleading.
7. A party may amend his pleading once as a matter of right at any time before a
responsive pleading is served.
8. An Affidavit of Service is signed by the presiding judge.
9. A Notice of Hearing must be included in all motions whether litigious or non-
litigious.
10.At the time of the filing of the Complaint, the Judicial affidavit of witnesses must
be attached thereto.

II.(5%) Multiple Choice Questions (1pts.ea.)

1. What is a Reply?
A.Written statements of the respective claims and defenses of the parties submitted
to the court for appropriate judgment
B.A document or a pleading in which a defending party sets forth his or her defenses.
C.A pleading, the office or function of which is to deny, or allege facts in denial or
avoidance of new matters alleged in, or relating to an actionable document.
D.A pleading in which a defending party sets forth his or her defense
2.What is  an Answer?
A.A document or a pleading in which a defending party sets forth his or her
defenses.
B.Written statements of the respective claims and defenses of the parties submitted
to the court for appropriate judgment
C. The specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his or her cause or causes of action.
D. A pleading, the office or function of which is to deny, or allege facts in denial or
avoidance of new matters alleged in, or relating to an actionable document.

3. When did the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure
become effective?
A. May 15, 2020
B. May 30, 2020
C. June 1, 2020
D. May 1, 2020
4. What is a Complaint?
A. Written statements of the respective claims and defenses of the parties submitted
to the court for appropriate judgment.
B. A pleading alleging the plaintiff’s or claiming party’s cause or causes of action.
C. A pleading in which a defending party sets forth his or her defenses.
D. None of the above.
5. What is a Counterclaim ?
A. Any claim which arises out of or is connected with the transaction or occurrence
constituting the subject matter of the opposing party's claim and does not require for
its adjudication the presence of third parties of whom the court cannot acquire
jurisdiction
B. Any claim which a defending party may have against an opposing party.
C. Any claim or allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless prevent or bar
recovery by him or her.
D. Are the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgment.

III. (25%) FORMS

1 You are Asst. City Prosecutor Gregorio Rizal, you need to prepare a
document showing that on March 18, 2020 at about 8:00 pm, Maria
Sangre of Pasay City was killed by her husband Antonio Banderias, a
pest control specialist. During the preliminary investigation it was
shown that Maria was made to ingest Bora Rat killer by her husband.
Prepare the proper pleading to be approved by the Chief State
Prosecutor Mark Ri. (10pts.)

2 On June 15, 2020 you entered into an agreement with Ms. Yoon Sera for
a loan in the amount of P650,000.00. In exchange for said cash amount,
you, Ms. Danielle So, a BFI document from BInondo Branch, you will
hand to Ms. Sera with a request for her not to encash it yet on
December 15, 2020 but may just deposit the same to her account on or
after said date. Prepare said document (5pts.)

3 Your boss, Atty. Kim Jung Hyan instructed you to finish the draft of a
Complaint he made, he is now on the last part of said pleading and is
asking you to just prepare the Certification pursuant to A.M. No. 19-
10-20-SC which should be attached to said pleading (10pts).
*Take note of proper headings, etc.

20 + 5 + 25 = 50 x 2 = 100%
Good Luck!
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