Gianina Milascon

2018 Bar Exam Questions and Suggested Answers Civil Law

Dodo was knocked out in a fight with Dindo. He was taken to the Medical City emergency room, where he was examined and treated by Dr. Datu. When he was examined, a plastic bag that appeared to contain shabu fell from Dodo`s jacket lying on a chair next to him. Dodo was arrested by the same police officers who took him to the hospital. During Dodo`s trial, the prosecutor called Dr. Datu to the witness stand. When the prosecutor asked Dr. Datu what he had seen in the emergency room, Dodo`s lawyer disagreed, saying that doctor-patient privilege was a rule. The case will be investigated before the Ombudsman`s office. There is still no trial of the case before the Sandiganbayan.

Article 119, Article 15 of the Rules of Procedure on the conditional hearing of the prosecution witness shall be heard before the court before which the case is pending. (b) No, a foreign divorce decree between a foreign spouse and a spouse of the fili pino, which is not contested by both parties, is not in itself sufficient to annul the registration at the registry office. Before a foreign divorce decree can be recognized by our courts, the party claiming it must prove the divorce as a fact and prove its compliance with the foreign law that allows it (Republic v. Manalo, G.R. No. 221029, April 24, 2018). Demo filed a request for a list of details for the Republic to resolve certain issues in its amended complaint. Sandiganbayan immediately acceded to the request. After the Republic submitted the Chronicle, Demo filed a motion for rejection, arguing that the answers in the Chronicle were vague and imperfect answers to the question of what funds or real estate were allegedly acquired illegally by demo. Sandigan Bayan dismissed the case. PROPOSED ANSWERS TO QUESTIONS FROM THE 2018 REMEDIATION LAW BAR EXAM Don Deles, an entrepreneur, was sued in front of the Ombudsman`s office along with Mayor Dante Dungo and Congressman Dal Dilim for ignoring public funds.

Danny Din, a key witness for plaintiff Diego Domingo, was hired by a construction company in Qatar as an engineer and had to leave in two (2) months. To confirm Danny Din`s testimony, Diego Domingo requested his conditional examination before the Sandiganbayan. The Municipal Court of First Instance (MTC) is expected to hear the case under the Revised Small Claims Rules of Procedure (the „Revised Rules”). In accordance with the latest modification of these rules (En Banc Resolution of 10 July 2018 in A.M. No. 08-8-7-SC), the MTC applies the revised rules in all actions of a purely civil nature, where the claim or discharge for which the prayer is intended solely for the payment or reimbursement of a sum of money not exceeding Php. 300,000.00* plus interest and costs. Danjo was repatriated to the Philippines in 2018. While Danjo was hiding in front of the House of Dys, which was only about 100 meters from the police station, SPO1 recognized Dody Danjo. When SPO1 Dody realized that the police station had a copy of Danjo`s arrest warrant, he immediately sued and arrested Danjo.

Dorton Inc. (Dorton) sued Debra Commodities Inc. (Debra), Daniel and Debbie at the Manila RTC over the request for a sum of money. The complaint alleged that on October 14, 2017, Debra received a loan of 10 million Philippine pesos from Dorton with an interest of 9% per annum. The loan was backed by a promissory note (PN), payable on request, signed by Daniel and Debbie, Debra`s major shareholders, who also signed a guarantee agreement that became binding as collateral. The complaint was accompanied by copies of the PR and the warranty agreement. Dorton also claimed that on March 1, 2018, it made a final claim to Debra and the guarantors for payment, but the claim was not considered. Rule 119, rule 12, of the Rules of Procedure provides that a conditional hearing of prosecution witnesses may be requested if a person has been held responsible for a criminal offence. In addition to this requirement, the applicant must prove that: (a) the witness is too ill or frail to appear at trial in accordance with the court order; (b) or is to leave the Philippines without a fixed date of return, he may be heard without delay before the judge or tribunal before which the case is pending, subject to reservation.

As decided in the case of Silverio v. Republic (G.R. No. 174689, 22 October 2007), our laws do not penalize a change of name and a correction of registration in the register of civil status with regard to sex due to a change of sex. A change of sex is not one of the reasons why a change of first name may be permitted under Republic Act No. 9048. The application for rectification of the registration relating to the sex of Silverio`s birth certificate cannot succeed, since that document did not contain an error and could not be corrected. Silverio was born a man.

The sex of a person is determined at birth. Given that there is no law that legally recognizes sex change, determining a person`s sex at the time of birth is immutable unless accompanied by an error. On February 3, 2018, Makati RTC Sheriff Danny Delucio served the order granting Dinggoy`s ex parte application for seizure against Dodong. The Order was duly received with Dodong`s document. On March 1, 2018, Sheriff Dodong served the complaint and subpoena related to the same case. Dodong`s lawyer filed a motion to dissolve the pleadings. Dalmacio, the director of the National Bureau of Investigation, requested a search warrant from the executive judge of RTC Manila. He claimed in his request that a certain alias Django kept about 10 kilos of shabu in a wooden cabinet in Dillian`s store on Paseo de Sta. Rosa, Laguna. The Executive Judge of Manila personally questioned Atty. Dalmacio and his witnesses, and then issued the search warrant, which described in particular the place to be searched and the objects to be seized. Should the MTC proceed with the following case: (i) revised rules of summary procedure; (ii) the Rules of Procedure for Small Claims; or (iii) due process in civil matters? 5%) (b) Is a foreign divorce decree between a foreign spouse and a Filipino spouse, not contested by both parties, sufficient to cancel the registration of the spouses at the civil registry office? (2.5%) b) What can the defendant do in a civil case if his request for information is rejected? (2.5%) Should Danny Din`s request for conditional review be granted? (2.5%) b) If the marriage is defective, can the marriage be ratified by the free cohabitation of the parties? (2.5%) b) Assuming that one is an agent of the other, is the agency associated with interests? (2.5%) Unfortunately, the preview is currently not available.

You can download the document by clicking on the button above. In the present case, the arrest warrant issued against danjo remains valid without any indication that the arrest warrant was revoked by the court. Sydney was a successful lawyer during her lifetime. By her own choice, she remained single and devoted all her time to caring for her nephew and her two (2) nieces: Socrates, Saffinia and Sophia. She wrote a will in which she gave all her remaining property after her death to the three (3) of them. The will was admitted to the estate during his lifetime. Later, she decided to make a new will that only gave all her remaining possessions to the two (2) daughters, Saffinia and Sophia. Then she tore up the previously probationary will.

The second will was not subject to inheritance until after his death. However, the Probate Court concluded that the second will was void due to non-compliance with formal requirements. (c) Should the complaint be investigated or is the certification sufficient? (2.5%) SUGGESTED ANSWER: Shalimar is a legitimate child. Children conceived or born before the verdict of absolute nullity of the marriage due to psychological incapacity under article 36 have become final and the execution of the will is considered legitimate (article 54 of the Family Code). Since Shalimar was born before the judgment rendered by sancho`s application for absolute nullity and Sandy`s marriage under article 36 became final and enforceable. Shalimar is a legitimate child. Dominic has been appointed Special Administrator of the Estate of Dakota Dragon. Dakota`s husband Delton and their five (5) children opposed Dominic`s nomination, claiming that he (Dominic) was only a half-brother of Dakota.

After Dominic gave himself the opportunity to comment, the court issued an order confirming Dominic`s appointment. In his reply, Doy Dogan argued in a positive defence that the purchase price had been paid in full and that the appeal should therefore have been dismissed. The conditions for the application of the double release rule laid down in Article 17(1) of the Rules of Procedure of the Court of Justice are as follows: (a) Was the challenge to the validity of the arrest lodged in good time? (2.5%) Here, Sergio made a valid offer to comply with the prepayment, even if it`s only for £950,000. Sergio`s offer is justified on the basis of the concept of partial statutory compensation up to a maximum of 50,000 pesos, with Sergio and Samantha being mutual debtors and full creditors.