REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES BAR QUESTIONS 2025

1.  

Due to the rising number of killings which resulted from the implementation of the Oplan Krimen of the Philippine National Police (PNP), members of the Integrated Bar of the Philippines (IBP) Quezon City Chapter filed with the Court of Appeals a petition for the issuance of a writ of continuing mandamus. Through this writ of continuing mandamus, they sought to compel officials of the PNP to protect the people, prevent violations of the right to life, and conduct thorough investigations on the killings resulting from the implementation of Oplan Krimen. Is the petition proper? Reason(s).

 

2.  

In 2022, the heirs of X filed with the Regional Trial Court (RTC)-Quezon City a complaint for recovery of ownership and damages involving a parcel of land they inherited from their father, X. The complaint alleged that the assessed value of the property was PHP 400,000.00. The RTC dismissed the complaint on the ground that the assessed value of the property was below its jurisdictional threshold. Is the RTC correct? Reason(s).

 

3.  

On behalf of her minor child C, A filed a complaint for support against B. In her complaint, A alleged that B was the biological father of her child, C. After due proceedings, the trial court granted A’s application for DNA testing. Based on the results thereof, the value of the Probability of Paternity between B and C is 99.9%. A offered in evidence the DNA results and rested her case. B claimed that since the Probability of Paternity is not 100% certain, the same cannot be given probative weight. Decide with reason(s).

 

4.  

A filed a petition for correction of entry in her birth certificate, specifically her father’s name from X to Y. The petition impleaded as respondents the Local Civil Registrar of Quezon City and the Chairperson of the Philippine Statistics Authority. The Office of the Solicitor General moved to dismiss the petition for A’s failure to implead X, Y, her mother Z, and all her siblings who should be notified of the proceedings and given the opportunity to come forward and interpose their objections, if any. A opposed the motion, arguing that publication of the petition was sufficient notice to the world, including the aforenamed persons. Decide with reason(s).

 

5.  

A filed a complaint for breach of contract against XYZ Entertainment Company. A’s verification contained a single statement that she attests to the truth and correctness of the allegations in the complaint based on her personal knowledge or on authentic documents. XYZ Entertainment Company prayed that the complaint be dismissed due to its “defective verification”. Decide with reason(s).

 

6.  

A was charged with estafa before the Regional Trial Court (RTC)-Iloilo City. He got arrested at the Ninoy Aquino International Airport in Pasay City by virtue of a warrant of arrest issued by the RTC-Iloilo City. A was brought to the National Bureau of Investigation (NBI) detention center in Manila. She applied for bail with the RTC-City of Manila, which denied her application for lack of jurisdiction. Did the RTC-City of Manila correctly deny the application? Reason(s).

 

7.  

A was arrested for carnapping B’s car. During the investigation, A executed an extrajudicial confession admitting the crime and implicating C and D as his coconspirators. As a result, C and D were also arrested. During the trial, C and D objected to the admission of A’s extrajudicial confession as against them but the objection was overruled. The trial court eventually rendered a verdict of conviction against A, C, and D using as its sole basis A’s extrajudicial confession. Is the verdict of conviction correct? Reason(s).

 

8.  

In a civil case for sum of money entitled X v. Y, the Regional Trial Court (RTC) ruled in favor of plaintiff X. The decision became final. A writ of execution was consequently issued. Sheriff Z immediately conducted a public auction for the sale of Y’s real properties to satisfy the money judgment in the amount of PHP 765,159.55. Y filed a complaint to nullify the sale of the real properties, arguing that the same did not follow the order of preference of levy for the satisfaction of the money judgment. Decide with reason(s).

 

9.  

In a case for sum of money filed by A against PT Production Company (PTPC), the latter was declared in default for filing its answer one day late. In its motion to lift the order of default, PTPC explained that the belated filing of the answer was due to sheer inadvertence for which it asked the court’s consideration in the interest of substantial justice. The trial court, however, denied the motion, stating that the reglementary period for filing the answer must be strictly followed. PTPC thereafter went to the Court of Appeals on a petition for certiorari, charging the trial judge with grave abuse of discretion amounting to lack or excess of jurisdiction for upholding technicalities over substantial justice. In his comment, A argued that the petition for certiorari should be dismissed for being an improper remedy. According to him, the correct remedy is appeal after the trial court shall have already rendered a judgment on the merits. Decide with reason(s).

 

10.

A filed with the Metropolitan Trial Court (MeTC)-Makati City a collection suit against B for unpaid rentals of his condominium unit in Bonifacio Global City in the amount of PHP 1 million. After service of summons and hearing pursuant to the Rules on Expedited Procedures, the MeTC rendered judgment in favor of A. B filed an ordinary appeal with the Regional Trial Court (RTC). Is the appeal proper? Reason(s).

 

11.

A filed against her estranged husband X a petition for custody of B before the Regional Trial Court (RTC)-Quezon City where X lived together with B. When X learned of the petition, he, together with B, moved to another residence in Iloilo City. When A found out what X did, she again filed a petition for custody of B before RTC-Iloilo City. When X learned of this second case, he once again changed residence, this time, in Zamboanga City. A then resorted to a petition for habeas corpus against X to produce the live person of B before the Court of Appeals. A alleged that X was illegally restraining B, and withholding from her custody over their child. Was A’s resort to habeas corpus before the Court of Appeals justified? Reason(s).

 

12.

A filed with the Municipal Trial Court in Cities (MTCC)-Davao City a complaint for recovery of ownership of real property against B. After A presented his evidence, B filed a motion to dismiss on the ground of lack of jurisdiction since the assessed value of the property in the amount of PHP 10 million was beyond the jurisdictional threshold of the MTCC. A argued that the motion to dismiss should be denied since B was deemed to have waived such jurisdictional defect when he failed to plead the same as an affirmative defense in his answer. Is A correct? Reason(s).

 

13.

A was charged with murder for the death of his neighbor, B. Upon a finding of probable cause, the presiding judge of Branch 31, Regional Trial Court-Makati City, issued a warrant of arrest on A. Police Corporal X (PCPl X) and Warrant Officer Police Staff Sergeant (PSSg) Y implemented the warrant of arrest on A without using body-worn cameras and one alternative recording device. A argued that the implementation of the warrant of arrest was unlawful since the Rules on the Use of Body-Worn Cameras in the Execution of Warrants was not observed. Is A correct? Reason(s).

 

14.

Armed with a search warrant, police officers searched the house of A for firearms and ammunitions in his presence and in the presence of two barangay officials. One of the police officers found a black basin containing some clothes in A’s bedroom. When the clothes were removed from the basin, a .38 caliber revolver and six pieces of live ammunition were discovered. Based on this, A was charged with illegal possession of firearms and ammunitions. Before arraignment, he assailed the validity of the search warrant for alleged lack of any records indicating that the judge conducted searching questions and answers for the purpose of determining probable cause. The prosecution nonetheless invoked the presumption of regularity in the performance of official duty. Decide with reason(s).

           

 

15.

A charged Atty. X with violation of the 2004 Rules on Notarial Practice for notarizing a Unilateral Deed of Absolute Sale and an Affidavit of Confirmation of Sale where the vendee was Atty. X’s paternal uncle, Y. Atty. X countered that since his uncle was not a signatory to the said documents, he was not disqualified from performing a notarial act under Rule IV, Section 3 of the 2004 Rules on Notarial Practice. Is the contention of Atty. X correct? Reason(s).

 

16.

Based on the results of the judicial audit of the cases assigned to Judge X, it was discovered that he had 44 pending cases which he failed resolve within the prescribed three-month period. It was confirmed that he did not request from the Supreme Court any additional time to act on these cases. The oldest of these cases had been pending with his court for 13 years already. In his defense, he claimed that he was sickly and was in and out of the hospital. It was for this reason that he was unable to promptly resolve his cases. Is Judge X guilty of gross inefficiency? Reason(s).

 

17.

Under Resolution dated November 12, 2023, the Supreme Court found Atty. X liable for breach of the sub judice rule and imposed on him the penalty of suspension from the practice of law for six months, effective immediately. On May 20, 2024, Atty. X submitted to the Supreme Court a sworn statement declaring, among others, that he desisted from the practice of law during his six-month suspension beginning November 12, 2023 when he received the Resolution until May 12, 2024. May Atty. X resume his practice of law? Reason(s).

 

18.

You were hired by A, owner of Lot No. 12345 located in Quezon City, to draft a demand letter addressed to X, an informal settler who built shanties on the said property. You were instructed to specifically demand that X vacate the property and remove the improvements thereon, otherwise, A will file an ejectment suit against X. Draft the demand letter.

 

19.

A sued B for specific performance and damages. After the issues have been joined, the Regional Trial Court-City of Manila set the pre-trial conference of the case on November 16, 2025. Draft a special power of attorney, authorizing Atty. X to represent A as his attorney-in-fact during the pre-trial conference. Omit both caption and acknowledgment.

 

20.

On April 11, 2023, the Court En Banc approved the Guidelines on Submission of Electronic Copies of Pleadings and Other Court Submissions (Guidelines), which governs the electronic transmittal in PDF of pleadings and other court submissions and their accompanying documents for filing in all cases covered by the Rules of Civil Procedure, as amended. What Guiding Principle(s) and expected Outcome(s) of the Strategic Plan for Judicial Innovations 2022-2027 (SPJI) propelled the adoption of this innovation? Briefly explain your answer.

 

 

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