See - SB-14-21-J.pdf
"x x x.
A judge must not only be impartial but must also appear to be impartial and that fraternizing with litigants tarnishes this appearance.20. Public confidence in the Judiciary is eroded by irresponsible or improper conduct of judges. A judge must avoid all impropriety and the appearance thereof. Being the subject of constant public scrutiny, a judge should freely and willingly accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen.21
In Cañeda v. Alaan,22 we held that:
Judges are required not only to be impartial but also to appear to be so, for appearance is an essential manifestation of reality. Canon 2 of the Code of Judicial Conduct enjoins judges to avoid not just impropriety in their conduct but even the mere appearance of impropriety. They must conduct themselves in such a manner that they give no ground for reproach. [Respondent’s] acts have been less than circumspect. He should have kept himself free from any appearance of impropriety and endeavored to distance himself from any act liable to create an impression of indecorum.
x x x x
Indeed, respondent must always bear in mind that:
“A judicial office traces a line around his official as well as personal conduct, a price one has to pay for occupying an exalted position in the judiciary, beyond which he may not freely venture. Canon 2 of the Code of Judicial Conduct enjoins a judge to avoid not just impropriety in the performance of judicial duties but in all his activities whether in his public or private life. He must conduct himself in a manner that gives no ground for reproach.” (Emphasis supplied.)
x x x.
Judges must, at all times, be beyond reproach and should avoid even the mere suggestion of partiality and impropriety.24 Canon 4 of the New Code of Judicial Conduct states that “[p]ropriety and the appearance of propriety are essential to the performance of all the activities of a judge.”
Section 2 further provides:
SEC. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office.
As we held in Sibayan-Joaquin v. Javellana25
…Judges, indeed, should be extra prudent in associating with litigants and counsel appearing before them so as to avoid even a mere perception of possible bias or partiality. It is not expected, of course, that judges should live in retirement or seclusion from any social intercourse. Indeed, it may be desirable, for instance, that they continue, time and work commitments permitting, to relate to members of the bar in worthwhile endeavors and in such fields of interest, in general, as are in keeping with the noble aims and objectives of the legal profession. In pending or prospective litigations before them, however, judges should be scrupulously careful to avoid anything that may tend to awaken the suspicion that their personal, social or sundry relations could influence their objectivity, for not only must judges possess proficiency in law but that also they must act and behave in such manner that would assure, with great comfort, litigants and their counsel of the judges’ competence, integrity and independence.
In this light, it does not matter that the case is no longer pending when improper acts were committed by the judge. Because magistrates are under constant public scrutiny, the termination of a case will not deter public criticisms for acts which may cast suspicion on its disposition or resolution. As what transpired in this case, respondent’s association with Napoles has unfortunately dragged the Judiciary into the “Pork Barrel” controversy which initially involved only legislative and executive officials. Worse, Napoles’ much-flaunted “contact” in the judiciary is no less than a Justice of the Sandiganbayan, our special court tasked with hearing graft cases. We cannot, by any stretch of indulgence and compassion, consider respondent’s transgression as a simple misconduct.
x x x."
Wednesday, October 29, 2014
Lawyer's misconduct - 9115.pdf
See - 9115.pdf
"x x x.
Be that as it may, the Court, nonetheless, finds that respondent committed some form of misconduct by, as admitted, mortgaging the subject property, notwithstanding the apparent dispute over the same. Regardless of the merits of his own claim, respondent should have exhibited prudent restraint becoming of a legal exemplar. He should not have exposed himself even to the slightest risk of committing a property violation nor any action which would endanger the Bar's reputation. Verily, members of the Bar are expected at all times to uphold the integrity and dignity of the legal profession and refrain from any act or omission which might lessen the trust and confidence reposed by the public in the fidelity, honesty, and integrity of the legal profession. 26 By no insignificant measure, respondent blemished not only his integrity as a member of the Bar, but also that of the legal profession. In other words, his conduct fell short of the exacting standards expected of him as a guardian of law and justice. Although to a lesser extent as compared to what has been ascribed by the IBP, the Court still holds respondent guilty of violating Rule 1. 01, Canon 1 of the Code. Considering
that this is his first offense as well as the peculiar circumstances of this case, the Court believes that a fine of P15,000.00 would suffice.
x x x."
"x x x.
Be that as it may, the Court, nonetheless, finds that respondent committed some form of misconduct by, as admitted, mortgaging the subject property, notwithstanding the apparent dispute over the same. Regardless of the merits of his own claim, respondent should have exhibited prudent restraint becoming of a legal exemplar. He should not have exposed himself even to the slightest risk of committing a property violation nor any action which would endanger the Bar's reputation. Verily, members of the Bar are expected at all times to uphold the integrity and dignity of the legal profession and refrain from any act or omission which might lessen the trust and confidence reposed by the public in the fidelity, honesty, and integrity of the legal profession. 26 By no insignificant measure, respondent blemished not only his integrity as a member of the Bar, but also that of the legal profession. In other words, his conduct fell short of the exacting standards expected of him as a guardian of law and justice. Although to a lesser extent as compared to what has been ascribed by the IBP, the Court still holds respondent guilty of violating Rule 1. 01, Canon 1 of the Code. Considering
that this is his first offense as well as the peculiar circumstances of this case, the Court believes that a fine of P15,000.00 would suffice.
x x x."
Estafa -204755.pdf
See - 204755.pdf
"x x x.
Under Article 315 (1)(b) of the RPC, the penalty of estafa shall be “prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos. If such amount exceeds 22,000.00 pesos, the penalty so provided shall be imposed in its maximum period, adding one year for each additional 10,000 pesos provided that the total penalty which may be imposed shall not exceed twenty years.
Applying the Indeterminate Sentence Law (ISL), the minimum term of the imposable penalty shall be “within the range of the penalty next lower to that prescribed” for the offense, without first considering any modifying circumstance attendant to the commission of the crime.29
x x x."
"x x x.
Under Article 315 (1)(b) of the RPC, the penalty of estafa shall be “prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos. If such amount exceeds 22,000.00 pesos, the penalty so provided shall be imposed in its maximum period, adding one year for each additional 10,000 pesos provided that the total penalty which may be imposed shall not exceed twenty years.
Applying the Indeterminate Sentence Law (ISL), the minimum term of the imposable penalty shall be “within the range of the penalty next lower to that prescribed” for the offense, without first considering any modifying circumstance attendant to the commission of the crime.29
x x x."
Notary public suspended - 7184.pdf
See - 7184.pdf
"x x x.
As the Investigating Commissioner correctly observed, respondent, who himself admitted that he was commissioned as notary public only in the City of Pasig and the Municipalities of Taguig, Pateros, San Juan, and Mandaluyong for the years 1998-1999, could not notarize the subject document’s acknowledgment in the City of Marikina, as said notarial act is beyond the jurisdiction of the commissioning court, i.e., the RTC of Pasig.
The territorial limitation of a notary public’s jurisdiction is crystal clear from Section 11, Rule III of the 2004 Rules on Notarial Practice:23
Sec. 11. Jurisdiction and Term – A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning court is made, unless either revoked or the notary public has resigned under these Rules and the Rules of Court. (Emphasis supplied)
Said principle is equally echoed in the Notarial Law found in Chapter 12, Book V, Volume I of the Revised Administrative Code of 1917, as amended,24 of which Section 240, Article II states:
Sec. 240. Territorial jurisdiction. – The jurisdiction of a notary public in a province shall be co-extensive with the province. The jurisdiction of a notary public in the City of Manila shall be co-extensive with said city. No notary shall possess authority to do any notarial act beyond the limits
of his jurisdiction. (Emphases supplied)
For misrepresenting in the said acknowledgment that he was a notary public for and in the City of Marikina, when it is apparent and, in fact, uncontroverted that he was not, respondent further committed a form of falsehood which is undoubtedly anathema to the lawyer’s oath. Perceptibly,
said transgression also runs afoul of Rule 1.01, Canon 1 of the Code of Professional Responsibility which provides that “[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.”
x x x."
"x x x.
As the Investigating Commissioner correctly observed, respondent, who himself admitted that he was commissioned as notary public only in the City of Pasig and the Municipalities of Taguig, Pateros, San Juan, and Mandaluyong for the years 1998-1999, could not notarize the subject document’s acknowledgment in the City of Marikina, as said notarial act is beyond the jurisdiction of the commissioning court, i.e., the RTC of Pasig.
The territorial limitation of a notary public’s jurisdiction is crystal clear from Section 11, Rule III of the 2004 Rules on Notarial Practice:23
Sec. 11. Jurisdiction and Term – A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning court is made, unless either revoked or the notary public has resigned under these Rules and the Rules of Court. (Emphasis supplied)
Said principle is equally echoed in the Notarial Law found in Chapter 12, Book V, Volume I of the Revised Administrative Code of 1917, as amended,24 of which Section 240, Article II states:
Sec. 240. Territorial jurisdiction. – The jurisdiction of a notary public in a province shall be co-extensive with the province. The jurisdiction of a notary public in the City of Manila shall be co-extensive with said city. No notary shall possess authority to do any notarial act beyond the limits
of his jurisdiction. (Emphases supplied)
For misrepresenting in the said acknowledgment that he was a notary public for and in the City of Marikina, when it is apparent and, in fact, uncontroverted that he was not, respondent further committed a form of falsehood which is undoubtedly anathema to the lawyer’s oath. Perceptibly,
said transgression also runs afoul of Rule 1.01, Canon 1 of the Code of Professional Responsibility which provides that “[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.”
x x x."
Lawyer's negligence - 9925.pdf
See - 9925.pdf
"x x x.
We have held that once a lawyer agrees to handle a case, it is that
lawyer's duty to serve the client with competence and diligence.9
Here, it is beyond doubt that respondent breached his duty to serve
complainant with diligence and neglected a legal matter entrusted to him.
He himself admits that the petition for recognition was not filed, seeks
forgiveness from the Court and promises not to repeat his mistake. 10
Complainant also submitted official letters 11 from the Bureau of Immigration
that indeed no such petition was filed. That Anneth Tan supposedly lost the
petition for recognition and failed to inform respondent cannot absolve hi111
of liability for it was his duty not to neglect complainant's case and handle it
with diligence.
We note that while respondent failed to refund immediately the
amount paid by complainant, he nevertheless exerted earnest efforts that he
eventually was able to fully repay complainant and begged complainant's
forgiveness.
x x x."
"x x x.
We have held that once a lawyer agrees to handle a case, it is that
lawyer's duty to serve the client with competence and diligence.9
Here, it is beyond doubt that respondent breached his duty to serve
complainant with diligence and neglected a legal matter entrusted to him.
He himself admits that the petition for recognition was not filed, seeks
forgiveness from the Court and promises not to repeat his mistake. 10
Complainant also submitted official letters 11 from the Bureau of Immigration
that indeed no such petition was filed. That Anneth Tan supposedly lost the
petition for recognition and failed to inform respondent cannot absolve hi111
of liability for it was his duty not to neglect complainant's case and handle it
with diligence.
We note that while respondent failed to refund immediately the
amount paid by complainant, he nevertheless exerted earnest efforts that he
eventually was able to fully repay complainant and begged complainant's
forgiveness.
x x x."
Notary Public - 8637.pdf
See - 8637.pdf
"x x x.
The 2004 Rules on Notarial Practice provides that a notary public should not notarize a document unless the signatory to the document is in the notary’s presence personally at the time of the notarization, and personally known to the notary public or otherwise identified through competent evidence of identity.9
At the time of notarization, the signatory shall sign or affix with a thumb or mark the notary public’s notarial register.10 The purpose of these requirements is to enable the notary public to verify the genuineness of the signature and to ascertain that the document is the signatory’s free act and deed.11 If the signatory is not acting of his or her own free will, a notary public is mandated to refuse to perform a notarial act.12 A notary public is also prohibited from affixing an official signature or
seal on a notarial certificate that is incomplete.13.
x x x."
"x x x.
The 2004 Rules on Notarial Practice provides that a notary public should not notarize a document unless the signatory to the document is in the notary’s presence personally at the time of the notarization, and personally known to the notary public or otherwise identified through competent evidence of identity.9
At the time of notarization, the signatory shall sign or affix with a thumb or mark the notary public’s notarial register.10 The purpose of these requirements is to enable the notary public to verify the genuineness of the signature and to ascertain that the document is the signatory’s free act and deed.11 If the signatory is not acting of his or her own free will, a notary public is mandated to refuse to perform a notarial act.12 A notary public is also prohibited from affixing an official signature or
seal on a notarial certificate that is incomplete.13.
x x x."
Tuesday, October 28, 2014
Bar Examination Questionnaire for Legal and Judicial Ethics, Oct. 26, 2014.
See - Bar Examination Questionnaire for Legal and Judicial Ethics
| ||
I. LEGAL ETHICS A. Practice of law (Rule 138) 1. Concept a) Privilege b) Profession, not business 2. Qualifications 3. Appearance of non-lawyers a) Law student practice (Rule 138-A) b) Non-lawyers in courts c) Non-lawyers in administrative tribunals d) Proceedings where lawyers are prohibited from appearing 4. Sanctions for practice or appearance without authority a) Lawyers without authority b) Persons not lawyers 5. Public officials and practice of law a) Prohibition or disqualification of former government attorneys b) Public officials who cannot practice law or with restrictions 6. Lawyers authorized to represent the government 7. Lawyer’s oath B. Duties and responsibilities of a lawyer 1. To society a) Respect for law and legal processes b) Efficient and convenient legal services c) True, honest, fair, dignified and objective information on legal services d) Participation in the improvement and reforms in the legal system e) Participation in legal education program 2. To the legal profession a) Integrated Bar of the Philippines (Rule 139-A) (i) Membership and dues b) Upholding the dignity and integrity of the profession c) Courtesy, fairness and candor towards professional colleagues d) No assistance in unauthorized practice of law 3. To the courts a) Candor, fairness and good faith towards the courts b) Respect for courts and judicial officers c) Assistance in the speedy and efficient administration of justice d) Reliance on merits of his cause and avoidance of any impropriety which tends to influence or gives the appearance of influence upon the courts 4. To the clients a) Availability of service without discrimination (i) Services regardless of a person’s status (ii) Services as counsel de officio (iii) Valid grounds for refusal b) Candor, fairness and loyalty to clients (i) Confidentiality rule (ii) Privileged communications (iii) Conflict of interest (iv) Candid and honest advice to clients (v) Compliance with laws (vi) Concurrent practice of another profession c) Client’s moneys and properties (i) Fiduciary relationship (ii) Commingling of funds (iii) Delivery of funds (iv) Borrowing or lending d) Fidelity to client’s cause e) Competence and diligence (i) Adequate protection (ii) Negligence (iii) Collaborating counsel (iv) Duty to apprise client f) Representation with zeal within legal bounds (i) Use of fair and honest means (ii) Client’s fraud (iii) Procedure in handling the case g) Attorney’s fees (i) Acceptance fees (ii) Contingency fee arrangements (iii) Attorney’s liens (iv) Fees and controversies with clients (v) Concepts of attorney’s fees (a) Ordinary concept (b) Extraordinary concept h) Preservation of client’s confidences (i) Prohibited disclosures and use (ii) Disclosure, when allowed i) Withdrawal of services C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court) 1. Nature and characteristics of disciplinary actions against lawyers a) Sui generis b) Prescription 2. Grounds 3. Proceedings 4. Discipline of Filipino lawyers practicing abroad D. Readmission to the Bar 1. Lawyers who have been suspended 2. Lawyers who have been disbarred 3. Lawyers who have been repatriated E. Mandatory Continuing Legal Education 1. Purpose 2. Requirements 3. Compliance 4. Exemptions 5. Sanctions 6. Bar Matter 2012, Rule on Mandatory Legal Aid Service F. Notarial Practice (A. M. No. 02-8-13-SC, as amended) 1. Qualifications of notary public 2. Term of office of notary public 3. Powers and limitations 4. Notarial register 5. Jurisdiction of notary public and place of notarization 6. Revocation of commission 7. Competent evidence of identity 8. Sanctions G. Canons of Professional Ethics II. JUDICIAL ETHICS A. Sources 1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft) 2. Code of Judicial Conduct B. Qualities 1. Independence 2. Integrity 3. Impartiality 4. Propriety 5. Equality 6. Competence and diligence C. Discipline of members of the Judiciary 1. Members of the Supreme Court a) Impeachment b) Ethical Lessons from Former Chief Justice Corona’s Impeachment 2. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule 140) 3. Grounds 4. Impeachment (ethical aspects) 5. Sanctions imposed by the Supreme Court on erring members of the Judiciary D. Disqualification of Justices and Judges (Rule 137) 1. Compulsory 2. Voluntary E. Powers and Duties of Courts and Judicial Officers (Rule 135) F. Court Records and General Duties of Clerks and Stenographer (Rule 136) G. Legal Fees (Rule 141) 1. Manner of payment 2. Fees in lien 3. Persons authorized to collect legal fees H. Costs 1. Recovery of costs (Rule 142) a) Prevailing party b) Dismissed appeal or action c) Frivolous appeal d) False allegations e) Non-appearance of witness IMPORTANT NOTES: 1. This listing of covered topics is not intended and should not be used by the law schools as a course outline. This was drawn up for the limited purpose of ensuring that Bar candidates are guided on the coverage of the 2014 Bar Examinations. 2. All Supreme Court decisions - pertinent to a given Bar subject and its listed topics, and promulgated up to March 31, 2014 - are examinable materials within the coverage of the 2014 Bar Examinations. | ||
Bar Examination Questionnaire for Remedial Law, Oct. 26, 2014
See - Bar Examination Questionnaire for Remedial Law
| ||
1. General Principles 1.1. Concept of remedial law 1.2. Substantive law vis-á-vis remedial law 1.3. Rule-making power of the Supreme Court 1.3.1 Limitations on the rule-making power of the Supreme Court 1.3.2. Power of the Supreme Court to amend and suspend procedural rules 1.4. Nature of Philippine courts 1.4.1. Meaning of a court 1.4.2. Court as distinguished from a judge 1.4.3. Classification of Philippine courts 1.4.4. Courts of original and appellate jurisdiction 1.4.5. Courts of general and special jurisdiction 1.4.6. Constitutional and statutory courts 1.4.7. Courts of law and equity 1.4.8. Principle of judicial hierarchy 1.4.9. Doctrine of non-interference or doctrine of judicial stability 2. Jurisdiction 2.1 Over the parties 2.1.1. How jurisdiction over the plaintiff is acquired 2.1.2. How jurisdiction over the defendant is acquired 2.2 Over the subject matter 2.2 1. Meaning of jurisdiction over the subject matter 2.2 2. Jurisdiction versus the exercise of jurisdiction 2.2 3. Error of jurisdiction as distinguished from error of judgment 2.2 4. How jurisdiction is conferred and determined 2.2 5. Doctrine of primary jurisdiction 2.2 6. Doctrine of adherence of jurisdiction 2.2 7. Objections to jurisdiction over the subject matter 2.2 8. Effect of estoppel on objections to jurisdiction 2.3. Over the issues 2.4 Over the res or property in litigation 2.5. Jurisdiction of courts 2.5.1. Supreme Court 2.5.2. Court of Appeals 2.5.3. Court of Tax Appeals 2.5.4. Sandiganbayan 2.5.5. Regional Trial Courts 2.5.6. Family Courts 2.5.7. Metropolitan Trial Courts/Municipal Trial Courts 2.5.8. Shari’a Courts 2.6. Over small claims; cases covered by the Rules on Summary Procedure and Barangay conciliation 2.7 Totality rule 3. Civil Procedure 3.1. Actions 3.1.1. Meaning of ordinary civil actions 3.1.2. Meaning of special civil actions 3.1.3. Meaning of criminal actions 3.1.4. Civil actions versus special proceedings 3.1.5. Personal actions and real actions 3.1.6. Local and transitory actions 3.1.7. Actions in rem, in personam and quasi in rem 3.1.8. Independent Civil Actions 3.2. Cause of action 3.2.1. Meaning of cause of action 3.2.2. Right of action versus cause of action 3.2.3. Failure to state a cause of action 3.2.4. Test of the sufficiency of a cause of action 3.2.5. Splitting a single cause of action and its effects 3.2.6. Joinder and mis-joinder of causes of action 3.3. Parties to civil actions 3.3.1. Real parties-in-interest; indispensable parties; representatives as parties; necessary parties; indigent parties; alternative defendants 3.3.2. Compulsory and permissive joinder of parties 3.3.3. Misjoinder and non-joinder of parties 3.3.4. Class suit 3.3.5. Suits against entities without juridical personality 3.3.6. Effect of death of party-litigant 3.4. Venue 3.4.1. Venue versus jurisdiction 3.4.2. Venue of real actions 3.4.3. Venue of personal actions 3.4.4. Venue of actions against non-residents 3.4.5. When the rules on venue do not apply 3.4.6. Effects of stipulations on venue 3.5. Pleadings 3.5.1. Kinds of pleadings a) Complaint b) Answer i. Negative defenses ii. Negative pregnant iii. Affirmative defenses c) Counterclaims i. Compulsory counterclaim ii. Permissive counterclaim iii. Effect on the counterclaim when the complaint is dismissed d) Cross-claims e) Third (fourth, etc.) party complaints f) Complaint-in-intervention g) Reply 3.5.2. Pleadings allowed in small claim cases and cases covered by the Rules on Summary Procedure 3.5.3. Parts of a pleading a) Caption b) Signature and address c) Verification and certification against forum shopping i. Requirements of a corporation executing the verification/certification of non-forum shopping d) Effect of the signature of counsel in a pleading 3.5.4. Allegations in a pleading a) Manner of making allegations i. Condition precedent ii. Fraud, mistake, malice, intent, knowledge and other condition of the mind, judgments, official documents or acts b) Pleading an actionable document c) Specific denials i. Effect of failure to make specific denials ii. When a specific denial requires an oath 3.5.5. Effect of failure to plead a) Failure to plead defenses and objections b) Failure to plead a compulsory counterclaim and cross-claim 3.5.6. Default a) When a declaration of default is proper b) Effect of an order of default c) Relief from an order of default d) Effect of a partial default e) Extent of relief f) Actions where default is not allowed 3.5.7. Filing and service of pleadings a) Payment of docket fees b) Filing versus service of pleadings c) Periods of filing of pleadings d) Manner of filing e) Modes of service i. Personal service ii. Service by mail iii. Substituted service iv. Service of judgments, final orders or resolutions v. Priorities in modes of service and filing vi. When service is deemed complete vii. Proof of filing and service 3.5.8. Amendment a) Amendment as a matter of right b) Amendments by leave of court c) Formal amendment d) Amendments to conform to or authorize presentation of evidence e) Different from supplemental pleadings f) Effect of amended pleading 3.6. Summons 3.6.1. Nature and purpose of summons in relation to actions in personam, in rem and quasi in rem 3.6.2. Voluntary appearance 3.6.3. Personal service 3.6.4. Substituted service 3.6.5. Constructive service (by publication) a) Service upon a defendant where his identity is unknown or his whereabouts are unknown b) Service upon residents temporarily outside the Philippines 3.6.6. Extra-territorial service, when allowed 3.6.7. Service upon prisoners and minors 3.6.8. Proof of service 3.7. Motions 3.7.1. Motions in general a) Definition of a motion b) Motions versus pleadings c) Contents and forms of motions d) Notice of hearing and hearing of motions e) Omnibus motion rule f) Litigated and ex parte motions g) Pro-forma motions 3.7.2. Motions for bill of particulars a) Purpose and when applied for b) Actions of the court c) Compliance with the order and effect of noncompliance d) Effect on the period to file a responsive pleading 3.7.3. Motion to dismiss a) Grounds b) Resolution of motion c) Remedies of plaintiff when the complaint is dismissed d) Remedies of the defendant when the motion is denied e) Effect of dismissal of complaint on certain grounds f) When grounds pleaded as affirmative defenses g) Bar by dismissal h) Distinguished from demurrer to evidence under Rule 33 3.8. Dismissal of actions 3.8.1. Dismissal upon notice by plaintiff; two-dismissal rule 3.8.2. Dismissal upon motion by plaintiff; effect on existing counterclaim 3.8.3. Dismissal due to the fault of plaintiff 3.8.4. Dismissal of counterclaim, cross-claim or third-party complaint 3.9. Pre-trial 3.9.1. Concept of pre-trial 3.9.2. Nature and purpose 3.9.3. Notice of pre-trial 3.9.4. Appearance of parties; effect of failure to appear 3.9.5. Pre-trial brief; effect of failure to file 3.9.6. Distinction between pre-trial in civil case and pre-trial in criminal case 3.9.7. Alternative Dispute Resolution (ADR) a) Special Rules of Court on ADR (A.M. No. 07-11-08-SC) 3.10. Intervention 3.10.1. Requisites for intervention 3.10.2. Time to intervene 3.10.3. Remedy for the denial of motion to intervene 3.11. Subpoena 3.11.1. Subpoena duces tecum 3.11.2. Subpoena ad testificandum 3.11.3. Service of subpoena 3.11.4. Compelling attendance of witnesses; contempt 3.11.5. Quashing of subpoena 3.12. Modes of discovery 3.12.1. Depositions pending action; depositions before action or pending appeal a) Meaning of deposition b) Uses; scope of examination c) When may objections to admissibility be made d) When may taking of deposition be terminated or its scope limited 3.12.2. Written interrogatories to adverse parties a) Consequences of refusal to answer b) Effect of failure to serve written interrogatories 3.12.3. Request for admission a) Implied admission by adverse party b) Consequences of failure to answer request for admission c) Effect of admission d) Effect of failure to file and serve request for admission 3.12.4. Production or inspection of documents or things 3.12.5. Physical and mental examination of persons 3.12.6. Consequences of refusal to comply with modes of discovery 3.13. Trial 3.13.1. Adjournments and postponements 3.13.2. Requisites of motion to postpone trial a) For absence of evidence b) For illness of party or counsel 3.13.3. Agreed statement of facts 3.13.4. Order of trial; reversal of order 3.13.5. Consolidation or severance of hearing or trial 3.13.6. Delegation of reception of evidence 3.13.7. Trial by commissioners a) Reference by consent or ordered on motion b) Powers of the commissioner c) Commissioner’s report; notice to parties and hearing on the report 3.14. Demurrer to evidence 3.14.1. Ground 3.14.2. Effect of denial 3.14.3. Effect of grant 3.14.4. Waiver of right to present evidence 3.14.5. Demurrer to evidence in a civil case versus demurrer to evidence in a criminal case 3.15. Judgments and final orders 3.15.1. Judgment without trial 3.15.2. Contents of a judgment 3.15.3. Judgment on the pleadings 3.15.4. Summary judgments a) For the claimant b) For the defendant c) When the case not fully adjudicated d) Affidavits and attachments 3.15.5. Judgment on the pleadings versus summary judgments 3.15.6. Rendition of judgments and final orders 3.15.7. Entry of judgment and final order 3.16. Post-judgment remedies 3.16.1. Motion for new trial or reconsideration a) Grounds b) When to file c) Denial of the motion; effect d) Grant of the motion; effect e) Remedy when motion is denied, fresh 15-day period rule 3.16.2. Appeals in general a) Judgments and final orders subject to appeal b) Matters not appealable c) Remedy against judgments and orders which are not appealable d) Modes of appeal i. Ordinary appeal ii. Petition for review iii. Petition for review on certiorari e) Issues to be raised on appeal f) Period of appeal g) Perfection of appeal h) Appeal from judgments or final orders of the MTC i) Appeal from judgments or final orders of the RTC j) Appeal from judgments or final orders of the CA k) Appeal from judgments or final orders of the CTA l) Review of final judgments or final orders of the Comelec m) Review of final judgments or final orders of the Ombudsman n) Review of final judgments or final orders of the NLRC o) Review of final judgments or final orders of quasi-judicial agencies 3.16.3. Relief from judgments, orders and other proceedings a) Grounds for availing of the remedy b) Time to file petition c) Contents of petition 3.16.4. Annulment of judgments or final orders and resolutions a) Grounds for annulment b) Period to file action c) Effects of judgment of annulment 3.16.5. Collateral attack of judgments 3.17. Execution, satisfaction and effect of judgments 3.17.1. Difference between finality of judgment for purposes of appeal; for purposes of execution 3.17.2. When execution shall issue a) Execution as a matter of right b) Discretionary execution 3.17.3. How a judgment is executed a) Execution by motion or by independent action b) Issuance and contents of a writ of execution c) Execution of judgments for money d) Execution of judgments for specific acts e) Execution of special judgments f) Effect of levy on third persons 3.17.4. Properties exempt from execution 3.17.5. Proceedings where property is claimed by third persons a) In relation to third-party claim in attachment and replevin 3.17.6. Rules on redemption 3.17.7. Examination of judgment obligor when judgment is unsatisfied 3.17.8. Examination of obligor of judgment obligor 3.17.9. Effect of judgment or final orders 3.17.10. Enforcement and effect of foreign judgments or final orders 3.18. Provisional remedies 3.18.1. Nature of provisional remedies 3.18.2. Jurisdiction over provisional remedies 3.18.3. Preliminary attachment a) Grounds for issuance of writ of attachment b) Requisites c) Issuance and contents of order of attachment; affidavit and bond d) Rule on prior or contemporaneous service of summons e) Manner of attaching real and personal property; when property attached is claimed by third person f) Discharge of attachment and the counter-bond g) Satisfaction of judgment out of property attached 3.18.4. Preliminary injunction a) Definitions and differences: preliminary injunction and temporary restraining order; status quo ante order b) Requisites c) Kinds of injunction d) When writ may be issued e) Grounds for issuance of preliminary injunction f) Grounds for objection to, or for the dissolution of injunction or restraining order g) Duration of a Temporary Restraining Order (TRO) h) In relation to R.A. No. 8975, ban on issuance of TRO or writ of injunction in cases involving government infrastructure projects i) Rule on prior or contemporaneous service of summons in relation to attachment 3.18.5. Receivership a) Cases when receiver may be appointed b) Requisites c) Requirements before issuance of an order d) General powers of a receiver e) Two kinds of bonds f) Termination of receivership 3.18.6. Replevin a) When may writ be issued b) Requisites c) Affidavit and bond; redelivery bond d) Sheriff’s duty in the implementation of the writ; when property is claimed by third party 3.19. Special civil actions 3.19.1. Nature of special civil actions 3.19.2. Ordinary civil actions versus special civil actions 3.19.3. Jurisdiction and venue 3.19.4. Interpleader a) Requisites for interpleader b) When to file 3.19.5. Declaratory reliefs and similar remedies a) Who may file the action b) Requisites of action for declaratory relief c) When court may refuse to make judicial declaration d) Conversion to ordinary action e) Proceedings considered as similar remedies i. Reformation of an instrument ii. Consolidation of ownership iii. Quieting of title to real property 3.19.6. Review of judgments and final orders or resolution of the Comelec and COA a) Application of Rule 65 under Rule 64 b) Distinction in the application of Rule 65 to judgments of the Comelec and COA and the application of Rule 65 to other tribunals, persons and officers 3.19.7. Certiorari, prohibition and mandamus a) Definitions and distinctions i. Certiorari distinguished from appeal by certiorari ii. Prohibition and mandamus distinguished from injunction b) Requisites c) When petition for certiorari, prohibition and mandamus is proper d) Injunctive relief e) Exceptions to filing of motion for reconsideration before filing petition f) Reliefs petitioner is entitled to g) Actions/omissions of MTC/RTC in election cases h) When and where to file petition i) Effects of filing of an unmeritorious petition 3.19.8. Quo warranto a) Distinguish from quo warranto in the Omnibus Election Code b) When government may commence an action against individuals c) When individual may commence an action d) Judgment in quo warranto action e) Rights of a person adjudged entitled to public office 3.19.9. Expropriation a) Matters to allege in complaint for expropriation b) Two stages in every action for expropriation c) When plaintiff can immediately enter into possession of the real property, in relation to R.A. No. 8974 d) New system of immediate payment of initial just compensation e) Defenses and objections f) Order of expropriation g) Ascertainment of just compensation h) Appointment of commissioners; commissioner’s report; court action upon commissioner’s report i) Rights of plaintiff upon judgment and payment j) Effect of recording of judgment 3.19.10. Foreclosure of real estate mortgage a) Judgment on foreclosure for payment or sale b) Sale of mortgaged property; effect c) Disposition of proceeds of sale d) Deficiency judgment i. Instances when court cannot render deficiency judgment e) Judicial foreclosure versus extrajudicial foreclosure f) Equity of redemption versus right of redemption 3.19.11. Partition a) Who may file complaint; who should be made defendants b) Matters to allege in the complaint for partition c) Two stages in every action for partition d) Order of partition and partition by agreement e) Partition by commissioners; appointment of commissioners, commissioner’s report; court action upon commissioner’s report f) Judgment and its effects g) Partition of personal property h) Prescription of action 3.19.12. Forcible entry and unlawful detainer a) Definitions and distinction b) Distinguished from accion publiciana, accion reivindicatoria and accion interdictal c) How to determine jurisdiction in accion publiciana, accion reivindicatoria and accion interdictal d) Who may institute the action and when; against whom the action may be maintained e) Pleadings allowed f) Action on the complaint g) When demand is necessary h) Preliminary injunction and preliminary mandatory injunction i) Resolving defense of ownership j) How to stay the immediate execution of judgment k) Summary procedure, prohibited pleadings 3.19.13. Contempt a) Kinds of contempt b) Purpose and nature of each c) Remedy against direct contempt; penalty d) Remedy against indirect contempt; penalty e) How contempt proceedings are commenced f) Acts deemed punishable as indirect contempt g) When imprisonment shall be imposed h) Contempt against quasi-judicial bodies 4. Special Proceedings 4.1. Settlement of estate of deceased persons, venue and process 4.1.1. Which court has jurisdiction 4.1.2. Venue in judicial settlement of estate 4.1.3. Extent of jurisdiction of probate court 4.1.4. Powers and duties of probate court 4.2. Summary settlement of estates 4.2.1. Extrajudicial settlement by agreement between heirs, when allowed 4.2.2. Two-year prescriptive period 4.2.3. Affidavit of self-adjudication by sole heir 4.2.4. Summary settlement of estates of small value, when allowed 4.2.5. Remedies of aggrieved parties after extrajudicial settlement of estate 4.3. Production and probate of will 4.3.1. Nature of probate proceeding 4.3.2. Who may petition for probate; persons entitled to notice 4.4. Allowance or disallowance of will 4.4.1. Contents of petition for allowance of will 4.4.2. Grounds for disallowing a will 4.4.3. Reprobate a) Requisites before a will proved abroad would be allowed in the Philippines 4.4.4. Effects of probate 4.5. Letters testamentary and of administration 4.5.1. When and to whom letters of administration granted 4.5.2. Order of preference 4.5.3. Opposition to issuance of letters testamentary; simultaneous filing of petition for administration 4.5.4. Powers and duties of executors and administrators; restrictions on the powers 4.5.5. Appointment of special administrator 4.5.6. Grounds for removal of administrator 4.6. Claims against the estate 4.6.1. Time within which claims shall be filed; exceptions 4.6.2. Statute of non-claims 4.6.3. Claim of executor or administrator against the estate 4.6.4. Payment of debts 4.7. Actions by and against executors and administrators 4.7.1. Actions that may be brought against executors and administrators 4.7.2. Requisites before creditor may bring an action for recovery of property fraudulently conveyed by the deceased 4.8. Distribution and partition 4.8.1. Liquidation 4.8.2. Project of partition 4.8.3. Remedy of an heir entitled to residue but not given his share 4.8.4. Instances when probate court may issue writ of execution 4.9. Trustees 4.9.1. Distinguished from executor/administrator 4.9.2. Conditions of the bond 4.9.3. Requisites for the removal and resignation of a trustee 4.9.4. Grounds for removal and resignation of a trustee 4.9.5. Extent of authority of trustee 4.10. Escheat 4.10.1. When to file 4.10.2. Requisites for filing of petition 4.10.3. Remedy of respondent against petition; period for filing a claim 4.11. Guardianship 4.11.1. General powers and duties of guardians 4.11.2. Conditions of the bond of the guardian 4.11.3. Rule on guardianship over minor 4.12. Adoption 4.12.1. Distinguish domestic adoption from inter-country adoption 4.12.2. Domestic Adoption Act a) Effects of adoption b) Instances when adoption may be rescinded c) Effects of rescission of adoption 4.12.3. Inter-country adoption a) When allowed b) Functions of the RTC c) "Best interest of the minor" standard 4.13. Writ of habeas corpus 4.13.1. Contents of the petition 4.13.2. Contents of the return 4.13.3. Distinguish peremptory writ from preliminary citation 4.13.4. When not proper/applicable 4.13.5. When writ disallowed/discharged 4.13.6. Distinguish from writ of amparo and habeas data 4.13.7. Rules on Custody of Minors and Writ of Habeas Corpus in relation to Custody of Minors (A.M. No. 03-04-04-SC) 4.14. Writ of Amparo (A.M. No. 07-9-12-SC) 4.14.1. Coverage 4.14.2. Distinguish from habeas corpus and habeas data 4.14.3. Differences between amparo and search warrant 4.14.4. Who may file 4.14.5. Contents of return 4.14.6. Effects of failure to file return 4.14.7. Omnibus waiver rule 4.14.8. Procedure for hearing 4.14.9. Institution of separate action 4.14.10. Effect of filing of a criminal action 4.14.11. Consolidation 4.14.12. Interim reliefs available to petitioner and respondent 4.14.13. Quantum of proof in application for issuance of writ of amparo 4.15. Writ of Habeas Data (A.M. No. 08-1-16-SC) 4.15.1. Scope of writ 4.15.2. Availability of writ 4.15.3. Distinguished from habeas corpus and amparo 4.15.4. Contents of the petition 4.15.5. Contents of return 4.15.6. Instances when petition may be heard in chambers 4.15.7. Consolidation 4.15.8. Effect of filing of a criminal action 4.15.9. Institution of separate action 4.15.10. Quantum of proof in application for issuance of writ of amparo 4.16. Change of name 4.16.1. Differences under Rule 103, R.A. No. 9048 and Rule 108 4.16.2. Grounds for change of name 4.17. Absentees 4.17.1. Purpose of the rule 4.17.2. Who may file; when to file 4.18. Cancellation or correction of entries in the Civil Registry 4.18.1. Entries subject to cancellation or correction under Rule 108, in relation to R.A. No. 9048 4.19. Appeals in special proceedings 4.19.1. Judgments and orders for which appeal may be taken 4.19.2. When to appeal 4.19.3. Modes of appeal 4.19.4. Rule on advance distribution 5. Criminal Procedure 5.1. General matters 5.1.1. Distinguish jurisdiction over subject matter from jurisdiction over person of the accused 5.1.2. Requisites for exercise of criminal jurisdiction 5.1.3. Jurisdiction of criminal courts 5.1.4. When injunction may be issued to restrain criminal prosecution 5.2. Prosecution of offenses 5.2.1. Criminal actions, how instituted 5.2.2. Who may file them, crimes that cannot be prosecuted de officio 5.2.3. Criminal actions, when enjoined 5.2.4. Control of prosecution 5.2.5. Sufficiency of complaint or information 5.2.6. Designation of offense 5.2.7. Cause of the accusation 5.2.8. Duplicity of the offense; exception 5.2.9. Amendment or substitution of complaint or information 5.2.10. Venue of criminal actions 5.2.11. Intervention of offended party 5.3. Prosecution of civil action 5.3.1. Rule on implied institution of civil action with criminal action 5.3.2. When civil action may proceed independently 5.3.3. When separate civil action is suspended 5.3.4. Effect of death of the accused or convict on civil action 5.3.5. Prejudicial question 5.3.6. Rule on filing fees in civil action deemed instituted with the criminal action 5.4. Preliminary investigation 5.4.1. Nature of right 5.4.2. Purposes of preliminary investigation 5.4.3. Who may conduct determination of existence of probable cause 5.4.4. Resolution of investigation prosecutor 5.4.5. Review 5.4.6. When warrant of arrest may issue 5.4.7. Cases not requiring a preliminary investigation 5.4.8. Remedies of accused if there was no preliminary investigation 5.4.9. Inquest 5.5. Arrest 5.5.1. Arrest, how made 5.5.2. Arrest without warrant, when lawful 5.5.3. Method of arrest a) By officer with warrant b) By officer without warrant c) By private person 5.5.4. Requisites of a valid warrant of arrest 5.5.5. Determination of probable cause for issuance of warrant of arrest 5.5.6. Distinguish probable cause of fiscal from that of a judge 5.6. Bail 5.6.1. Nature 5.6.2. When a matter of right; exceptions 5.6.3. When a matter of discretion 5.6.4. Hearing of application for bail in capital offenses 5.6.5. Guidelines in fixing amount of bail 5.6.6. Bail when not required 5.6.7. Increase or reduction of bail 5.6.8. Forfeiture and cancellation of bail 5.6.9. Application not a bar to objections in illegal arrest, lack of or irregular preliminary investigation 5.6.10. Hold departure order & Bureau of Immigration watchlist 5.7. Rights of the accused 5.7.1. Rights of accused at the trial 5.7.2. Rights of persons under custodial investigation 5.8. Arraignment and plea 5.8.1. Arraignment and plea, how made 5.8.2. When should plea of not guilty be entered 5.8.3. When may accused enter a plea of guilty to a lesser offense 5.8.4. Accused pleads guilty to capital offense, what the court should do 5.8.5. Searching inquiry 5.8.6. Improvident plea 5.8.7. Grounds for suspension of arraignment 5.9. Motion to quash 5.9.1. Grounds 5.9.2. Distinguish from demurrer to evidence 5.9.3. Effects of sustaining the motion to quash 5.9.4. Exception to the rule that sustaining the motion is not a bar to another prosecution 5.9.5. Double jeopardy 5.9.6. Provisional dismissal 5.10. Pre-trial 5.10.1. Matters to be considered during pre-trial 5.10.2. What the court should do when prosecution and offended party agree to the plea offered by the accused 5.10.3. Pre-trial agreement 5.10.4. Non-appearance during pre-trial 5.10.5. Pre-trial order 5.10.6. Referral of some cases for court annexed mediation and judicial dispute resolution 5.11. Trial 5.11.1. Instances when presence of accused is required by law 5.11.2. Requisite before trial can be suspended on account of absence of witness 5.11.3. Trial in absentia 5.11.4. Remedy when accused is not brought to trial within the prescribed period 5.11.5. Requisites for discharge of accused to become a state witness 5.11.6. Effects of discharge of accused as state witness 5.11.7. Demurrer to evidence 5.12. Judgment 5.12.1. Requisites of a judgment 5.12.2. Contents of judgment 5.12.3. Promulgation of judgment; instances of promulgation of judgment in absentia 5.12.4. When does judgment become final (four instances) 5.13. New trial or reconsideration 5.13.1. Grounds for new trial 5.13.2. Grounds for reconsideration 5.13.3. Requisites before a new trial may be granted on ground of newly-discovered evidence 5.13.4. Effects of granting a new trial or reconsideration 5.13.5. Application of Neypes doctrine in criminal cases 5.14. Appeal 5.14.1. Effect of an appeal 5.14.2. Where to appeal 5.14.3. How appeal taken 5.14.4. Effect of appeal by any of several accused 5.14.5. Grounds for dismissal of appeal 5.15. Search and seizure 5.15.1. Nature of search warrant 5.15.2. Distinguish from warrant of arrest 5.15.3. Application for search warrant, where filed 5.15.4. Probable cause 5.15.5. Personal examination by judge of the applicant and witnesses 5.15.6. Particularity of place to be searched and things to be seized 5.15.7. Personal property to be seized 5.15.8. Exceptions to search warrant requirement a) Search incidental to lawful arrest b) Consented search c) Search of moving vehicle d) Check points; body checks in airport e) Plain view situation f) Stop and frisk situation g) Enforcement of custom laws h) Remedies from unlawful search and seizure 5.16. Provisional remedies 5.16.1. Nature 5.16.2. Kinds of provisional remedies 6. Evidence 6.1. General principles 6.1.1. Concept of evidence 6.1.2. Scope of the Rules on Evidence 6.1.3. Evidence in civil cases versus evidence in criminal cases 6.1.4. Proof versus evidence 6.1.5. Factum probans versus factum probandum 6.1.6. Admissibility of evidence a) Requisites for admissibility of evidence b) Relevance of evidence and collateral matters c) Multiple admissibility d) Conditional admissibility e) Curative admissibility f) Direct and circumstantial evidence g) Positive and negative evidence h) Competent and credible evidence 6.1.7. Burden of proof and burden of evidence 6.1.8. Presumptions a) Conclusive presumptions b) Disputable presumptions 6.1.9. Liberal construction of the rules of evidence 6.1.10. Quantum of evidence (weight and sufficiency of evidence) a) Proof beyond reasonable doubt b) Preponderance of evidence c) Substantial evidence d) Clear and convincing evidence 6.2. Judicial notice and judicial admissions 6.2.1. What need not be proved 6.2.2. Matters of judicial notice a) Mandatory b) Discretionary 6.2.3. Judicial admissions a) Effect of judicial admissions b) How judicial admissions may be contradicted 6.2.4. Judicial notice of foreign laws, law of nations and municipal ordinance 6.3. Object (real) evidence 6.3.1. Nature of object evidence 6.3.2. Requisites for admissibility 6.3.3. Categories of object evidence 6.3.4. Demonstrative evidence 6.3.5. View of an object or scene 6.3.6. Chain of custody, in relation to Section 21 of the Comprehensive Dangerous Drugs Act of 2002 6.3.7. Rule on DNA Evidence (A.M. No. 06-11-5-SC) a) Meaning of DNA b) Applicable for DNA testing order c) Post-conviction DNA testing; remedy d) Assessment of probative value of DNA evidence and admissibility e) Rules on evaluation of reliability of the DNA testing methodology 6.4. Documentary evidence 6.4.1. Meaning of documentary evidence 6.4.2. Requisites for admissibility 6.4.3. Best Evidence Rule a) Meaning of the rule b) When applicable c) Meaning of original d) Requisites for introduction of secondary evidence 6.4.4. Rules on Electronic Evidence (A.M. No. 01-7-01-SC) a) Scope; coverage; meaning of electronic evidence; electronic data message b) Probative value of electronic documents or evidentiary weight; method of proof c) Authentication of electronic documents and electronic signatures d) Electronic documents vis-a-vis the hearsay rule e) Audio, photographic, video and ephemeral evidence 6.4.5. Parol Evidence Rule a) Application of the parol evidence rule b) When parol evidence can be introduced c) Distinctions between the best evidence rule and parol evidence rule 6.4.6. Authentication and proof of documents a) Meaning of authentication b) Public and private documents c) When a private writing requires authentication; proof of a private writing d) When evidence of authenticity of a private writing is not required (ancient documents) e) How to prove genuineness of a handwriting f) Public documents as evidence; proof of official record g) Attestation of a copy h) Public record of a public document i) Proof of lack of record j) How a judicial record is impeached k) Proof of notarial documents l) How to explain alterations in a document m) Documentary evidence in an unofficial language 6.5. Testimonial evidence 6.5.1. Qualifications of a witness 6.5.2. Competency versus credibility of a witness 6.5.3. Disqualifications of witnesses a) By reason of mental capacity or immaturity b) By reason of marriage c) By reason of death or insanity of adverse party d) By reason of privileged communications 6.5.4. Examination of a witness a) Rights and obligations of a witness b) Order in the examination of an individual witness i. Direct examination ii. Cross examination iii. Re-direct examination iv. Re-cross examination v. Recalling the witness c) Leading and misleading questions d) Methods of impeachment of adverse party’s witness e) How the witness is impeached by evidence of inconsistent statements (laying the predicate) f) Evidence of the good character of a witness g) Judicial Affidavit Rule (A.M. No. 12-8-8-SC) 6.5.5. Admissions and confessions a) Res inter alios acta rule b) Admission by a party c) Admission by a third party d) Admission by a co-partner or agent e) Admission by a conspirator f) Admission by privies g) Admission by silence h) Confessions i) Similar acts as evidence 6.5.6. Hearsay Rule a) Meaning of hearsay b) Reason for exclusion of hearsay evidence c) Exceptions to the hearsay rule i. Dying declaration ii. Declaration against interest iii. Act or declaration about pedigree iv. Family reputation or tradition regarding pedigree v. Common reputation vi. Part of the res gestae vii. Entries in the course of business viii. Entries in official records ix. Commercial lists and the like x. Learned treaties xi. Testimony or deposition at a former trial 6.5.7. Opinion rule a) Opinion of expert witness b) Opinion of ordinary witness 6.5.8. Character evidence a) Criminal cases b) Civil cases 6.5.9. Rule on Examination of a Child Witness (A.M. No. 004-07-SC) a) Applicability of the rule b) Meaning of "child witness" c) Competency of a child witness d) Examination of a child witness e) Live-link TV testimony of a child witness f) Videotaped deposition of a child witness g) Hearsay exception in child abuse cases h) Sexual abuse shield rule i) Protective orders 6.6. Offer and objection 6.6.1. Offer of evidence 6.6.2. When to make an offer 6.6.3. Objection 6.6.4. Repetition of an objection 6.6.5. Ruling 6.6.6. Striking out of an answer 6.6.7. Tender of excluded evidence 7. Revised Rules on Summary Procedure 7.1. Cases covered by the rule 7.2. Effect of failure to answer 7.3. Preliminary conference and appearances of parties 8. Katarungang Pambarangay Law (P.D. No. 1508; R.A. 7610, as amended) 8.1. Cases covered 8.2. Subject matter for amicable settlement 8.3. Venue 8.4. When parties may directly go to court 8.5. Execution 8.6. Repudiation 9. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC) 9.1. Scope and applicability of the rule 9.2. Commencement of small claims action; response 9.3. Prohibited pleadings and motions 9.4. Appearances 9.5. Hearing; duty of the judge 9.6. Finality of judgment 10. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC) 10.1. Scope and applicability of the rule 10.2. Civil procedure 10.2.1. Prohibition against temporary restraining order and preliminary injunction 10.2.2. Pre-trial conference; consent decree 10.2.3. Prohibited pleadings and motions 10.2.4. Temporary Environmental Protection Order (TEPO) 10.2.5. Judgment and execution; reliefs in a citizen’s suit 10.2.6. Permanent Environmental Protection Order; writ of continuing mandamus 10.2.7. Strategic lawsuit against public participation 10.3. Special proceedings 10.3.1. Writ of Kalikasan 10.3.2. Prohibited pleadings and motions 10.3.3. Discovery measures 10.3.4. Writ of continuing mandamus 10.4. Criminal procedure 10.4.1. Who may file 10.4.2. Institution of criminal and civil action 10.4.3. Arrest without warrant, when valid 10.2.4. Strategic lawsuit against public participation 10.4.5. Procedure in the custody and disposition of seized items 10.4.6. Bail 10.4.7. Arraignment and plea 10.4.8. Pre-trial 10.4.9. Subsidiary liabilities 10.5. Evidence 10.5.1. Precautionary principle 10.5.2. Documentary evidence 11. Judicial Affidavit Rule (A.M. No. 12-8-8-SC) 11.1. Scope and where applicable 11.2 Contents and Procedure 11.3 Application to criminal actions 11.4 Effect of non-compliance 11.5 Effect on other rules 12. Efficient Use of Paper Rule (A.M. No. 11-9-4-SC) IMPORTANT NOTES: 1. This listing of covered topics is not intended and should not be used by the law schools as a course outline. This was drawn up for the limited purpose of ensuring that Bar candidates are guided on the coverage of the 2014 Bar Examinations. 2. All Supreme Court decisions - pertinent to a given Bar subject and its listed topics, and promulgated up to March 31, 2014 - are examinable materials within the coverage of the 2014 Bar Examinations. | ||
Saturday, October 25, 2014
2014 Bar Examination Questionnaire for Criminal Law
See - Bar Examination Questionnaire for Criminal Law
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| October 19, 2014 | 2:00 P.M.- 6:00 P.M. | |
x x x I. Ms. Ahad been married to Mr. B for 10 years. Since their marriage, Mr. B had been jobless and a drunkard, preferring to stay with his "barkadas" until the wee hours of the morning. Ms. A was the breadwinner and attended to the needs of their three (3) growing children. Many times, when Mr. Bwas drunk, he would beat Ms. Aand their three (3) children, and shout invectives against them. In fact, in one of the beating incidents, Ms. A suffered a deep stab wound on her tummy that required a prolonged stay in the hospital. Due to the beatings and verbal abuses committed against her, she consulted a psychologist several times, as she was slowly beginning to lose her mind. One night, when Mr. Barrived dead drunk, he suddenly stabbed Ms. Aseveral times while shouting invectives against her. Defending herself from the attack, Ms. A grappled for the possession of a knife and she succeeded. She then stabbed Mr. B several times which caused his instantaneous death. Medico-Legal Report showed that the husband suffered three (3) stab wounds. Can Ms. Avalidly put up a defense? Explain. (5%) II. Macho married Ganda, a transgender. Macho was not then aware that Ganda was a transgender. On their first night, after their marriage, Macho discovered that Ganda was a transgender. Macho confronted Ganda and a heated argument ensued. In the course of the heated argument, a fight took place wherein Ganda got hold of a knife to stab Macho. Macho ran away from the stabbing thrusts and got his gun which he pointed at Ganda just to frighten and stop Ganda from continuing with the attack. Macho had no intention at all to kill Ganda. Unfamiliar with guns, Macho accidentally pulled the trigger and hit Ganda that caused the latter’s death. What was the crime committed? (4%) III. City Engr. A, is the city engineer and the Chairman of the Bids and Awards Committee (BAC) of the City of Kawawa. In 2009, the City of Kawawa, through an ordinance,allotted the amount of Audit report likewise showed that service vehicles valued at (A) If you are the Ombudsman, what charge or charges will you file against City Engr. A? (B) Suppose the discovered net worth of City Engr. Ais less than IV. Madam X, a bank teller, received from depositor Madam Y a check payable to cash in the amount of V. Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense again for a person to join the Communist Party of the Philippines. Reporma, a former high-ranking member of the Communist Party, was charged under the new law for his membership in the Communist Party when he was a student in the 80’s. He now challenges the charge against him. What objections may he raise? (3%) VI. Awas caught peeping through a small hole in the bathroom door while a young 16-year-old lady was taking a bath. Ais liable for: (1%) (A) Violation of R.A. 9262 or Violence Against Women and their Children (B) Violation of R.A. 7610 – Child Abuse Law (C) Light coercion (D) Acts of lasciviousness VII. Filthy, a very rich businessman, convinced Loko, a clerk of court, to issue an order of release for Takas, Filthy’s cousin, who was in jail for a drug charge. After receiving What crime or crimes did Filthy, Loko, and the guard commit? (4%) VIII. Pretty was a campus beauty queen who, because of her looks and charms, attracted many suitors. Having decided that she would become a nun, Pretty turned down all her suitors. Guapo, one of her most persistent suitors, could not handle rejection and one night, decided to accost Pretty as she walked home. Together with Pogi, Guapo forced Pretty into his car and drove her to an abandoned warehouse where heand Pogi forced Pretty to dance for them. Later, the two took turns in raping her.After satisfying their lusts, Guapo and Pogi dropped her off at her house. (4%) (A) What crime or crimes did Guapo and Pogi commit? (B) Pretty, after the ordeal, decided to take her own life by hanging herself one hour after the rape. Would Guapo and Pogi be liable for Pretty’s death? Explain. IX. A, B, and C agreed to rob the house of Mr. Dat 10 o’clock in the evening, with Cas the driver of the tricycle which they would use in going to and leaving the house of Mr. D, and Aand Bas the ones who would enter the house to get the valuables of Mr. D. As planned, C parked the tricycle in a dark place, while A and B entered the house thru an open door. Once inside, A entered the master’s bedroom and started getting all the valuables he could see, while Bentered another room. While inside the room, B saw a male person and immediately Bbrought out his gun but he accidentally pulled its trigger. The bullet went through the window, hitting a neighbor that killed him. Neighbors were then awakened by the gunfire and policemen were alerted. Not long after, policemen arrived. Aand B panicked and got hold of a young boy and shouted to the policemen who were already outside of the house that they would harm the boy if the policemen did not disperse. Aand B demanded that they should be allowed to use a vehicle to bring them to a certain place and that would be the time that they would release the young boy. The policemen acceded. In the meantime, Cwas arrested by the policemen while he was about to flee, while Aand B, after releasing the young boy, were arrested. What crime/s did A, B, and Ccommit, and what modifying circumstances attended the commission of the crime/s? (6%) X. Loko advertised on the internet that he was looking for commercial models for a TV advertisement. Ganda, a 16-year-old beauty, applied for the project. Loko offered her a contract, which Ganda signed. She was asked to report to an address which turned out to be a high-end brothel. Ganda became one of its most featured attraction. What is Loko’s liability, if any? What effect would Ganda’s minority have on Loko’s liability? (4%) XI. A, in a public place, fired his gun at B with the intention of killing B, but the gun did not fire because the bullet is a dud. The crime is: (1%) (A) attempted homicide (B) grave threat (C) impossible crime (D) alarm and scandal XII. Sexy boarded a taxi on her way home from a party. Because she was already tipsy, she fell asleep. Pogi, the taxi driver, decided to take advantage of the situation and drove Sexyto a deserted place where he raped her for a period of two (2) weeks. What crime did Pogi commit? (4%) XIII. Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti fancied. One day, Puti decided to teach Pula a lesson and went to a veterinarian (Vet) to ask for poison on the pretext that he was going to kill a sick pet, when actually Puti was intending to poison Pula. The Vetinstantly gave Puti a non-toxic solution which, when mixed with Pula’s food, did not kill Pula. (4%) (A) What crime, if any, did Puti commit? (B) Would your answer be the same if, as a result of the mixture, Pula got an upset stomach and had to be hospitalized for 10 days? XIV. Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the court, that he would convince the judge to acquit him for a consideration of The judge, not knowing of the deal, proceeded to rule on the evidence and convicted the accused. (4%) (A) Malowas charged with violation of Section 3(b), Republic Act (R.A.) No. 3019, which prohibits a public officer from directly or indirectly requesting or receiving any gift, present, share percentage or benefit wherein the public officer, in his official capacity, has to intervene under the law. He was later charged also with indirect bribery under the Revised Penal Code. Malo claims he can no longer be charged under the Revised Penal Code for the same act under R.A. 3019. Is he correct? (B) Malowas charged with estafa under Article 315 because he misrepresented that he had influence, when he actually had none. Is the charge correct? XV. Which of the following is not a privilege mitigating circumstance? (1%) (A) 17-year-old offender (B) 14-year-old offender (C) incomplete self-defense (D) incomplete defense of a relative XVI. Mr. Benjie is the owner of a hardware store specializing in the sale of plumbing materials. On February 1, 2014, Mr. Ed, a friend and regular customer of Mr. Benjie, visited the hardware store and purchased several plumbing materials in the total amount of During the preliminary investigation, Mr. Benjie accepted several amounts from Mr. Edas partial payments. The wife of Mr. Benjie protested and insisted that the complaint should continue despite the partial payments. On the other hand, Mr. Ed counters that no demand letter was earlier sent to him, that the obligation is merely civil in character and that novation took place when Mr. Benjie accepted the partial payments. Discuss the criminal liability, if any, of Mr. Ed. (6%) XVII. Pierceis a French diplomat stationed in the Philippines. While on EDSA and driving with an expired license, he hit a pedestrian who was crossing illegally. The pedestrian died. Pierce was charged with reckless imprudence resulting in homicide. In his defense, he claimed diplomatic immunity. Is Pierce correct? (3%) XVIII. Manolo, an avid art collector, was invited to Tonio’s house. There, Manolo noticed a nice painting that exactly looked like the painting which he reported was stolen from him some years back. Manolo confronted Tonio about the painting, but Tonio denied any knowledge, claiming that he bought the painting legitimately from a friend. Manolo later proved to Toniothat the painting was indeed the stolen painting. (4%) (A) What crime/s, if any, may Tonio be charged with? (B) Manolo decided to take matters into his own hands and, one night, broke into Tonio’s house by destroying the wall and taking the painting. What, if any, would be the liability of Manolo? XIX. Clepto went alone to a high-end busy shop and decided to take one of the smaller purses without paying for it. Overcame by conscience, she decided to leave her own purse in place of the one she took. Her act was discovered and Cleptowas charged with theft. She claimed that there was no theft, as the store suffered no injuryor prejudice because she had left a purse in place of the one she took. Comment on her defense. (3%) XX. Which of the following is not a qualifying aggravating circumstance? (1%) (A) treachery (B) evident premeditation (C) dwelling (D) cruelty XXI. During trial for theft in 2014, the prosecution managed to show that accused AA has also been convicted by final judgment for robbery in 2003, but she eluded capture. A subsequent verification showed that AA had several convictions, to wit: (1.) In 1998, she was convicted of estafa; (2.) In 2002, she was convicted of theft; (3.) In 2004, she was convicted of frustrated homicide; The judge trying the theft case in 2014 is about to convict AA. What circumstances affecting the liability or penalty may the judge appreciate against AA? (4%) XXII. Mr. Red was drinking with his buddies, Mr. White and Mr. Blue when he saw Mr. Green with his former girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a loud voice that if he could not have Ms. Yellow, no one can. He then proceeded to the men’s room but told Mr. White and Mr. Blue to take care of Mr. Green. Mr. Blue and Mr. White asked Mr. Red what he meant but Mr. Red simply said, "You already know what I want," and then left. Mr. Blue and Mr. White proceeded to kill Mr. Green and hurt Ms. Yellow. (4%) (A) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for the death of Mr. Green? (B) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for the injuries of Ms. Yellow? XXIII. Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her parents to drive her to and from school every day. Enrique wrote a ransom note demanding that Carla’s parents pay him XXIV. A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetuato death. Under R.A. 9344, a minor offender is entitled to a privilege mitigating circumstance. (8%) (A) May the privilege mitigating circumstance of minority be appreciated considering that the penalty imposed by law is life imprisonment and fine? (B) Is the Indeterminate Sentence Law applicable considering that life imprisonment has no fixed duration and the Dangerous Drugs Law is malum prohibitum? (C) If the penalty imposed is more than six (6) years and a notice of appeal was filed by Aand given due course by the court, may A still file an application for probation? (D) If probation is not allowed by the court, how will Aserve his sentence? XXV. Mr. Gray opened a savings account with Bank A with an initial deposit of Mr. Gray was convicted of estafa and attempted estafa, both through the use of commercial documents. (4%) (A) Mr. Gray claims as defense that, except for Mr. White’s claim of forgery, there was no evidence showing that he was the author of the forgery and Mr. White did not suffer any injuries as to the second check (attempted estafa). Rule on the defense of Mr. Gray. (B) Mr. Gray claims that he was entrapped illegally because there was no showing that the second check was a forgery and, therefore, his withdrawal based on the second check was a legal act. Is Mr. Gray correct? XXVI. Awas bitten by a dog owned by a neighbor. The following day, angered by the incident, Atook the dog without the knowledge of the owner, had it butchered and cooked the meat. Hethen invited his friends to partake of the dish with his friends who knew fully well that the dog was taken without the knowledge of the owner. What are the friends of Aliable for? (1%) (A) Theft (B) Malicious mischief (C) Accessories (D) Obstruction of Justice ---oo0ooo---" | ||
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