18. Bar Examination Questions (Conclusion), Remedial Law.pdf

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extracted text: 1961 BAR EXAMINATION QUESTIONS (Conclusion) REMEDIAL LAW I. {a) Distinguish; (1) "admission" from "declaration against interest", (2) action from special proceeding, (3) Factum probrius from fa~tum probandnm., (4) preventive mjunction from mandatory injunction, and (5 ) aim:ndcct pleading- from a supplemental JJieading. ( b) In civil cases, when may a pleading in the CFI be amcnde<l as a matter of cou1·sc and when may it I.le amended only by leave o_f court? 11. FACTS: After the plaintiff rested his case in an crdinary civil action in the Court of First Instance, th\.: defendant filed a · motion to dismiss for insufficiency 'of evidence, reserving the r:gi'lt to present his evidence in case hi:,; mot ion is denied. QUESTIONS: {l) Suppose the court finds that th:i plaintiff's evidence is sufficient to prove a pl"fnu.i f acic cas~, and consequently denies the motion, may the court forthwith render judirment in faVL ' I' of the p!aintiff or should the c.ou1 t allow the defendant to present his evidence first? Reason out your answer. (2) Suppose the Court of First Instance grants the defend::.n!'s motion, but on appeal to the Court of Appeals. th·• lalter finds that the lower court erred, should the Cou1t of Appeals proceed lo render judgment in favor of the plaintiff, or should it remand the case to the lower court for rereption of the defendant's evidence and furthe1· p1·~eedings? III. (a) When and under what circumstances: (l) may a defendant file a third party complaint? (2) may a person be permitted to intervene in a civil action? (3) may a person file an action for interpleadet? (b) Over what <;.ases does the Juvenile and Domestic Rclat·ons Court h:i.ve exclusive orib'inal jurisdiction? IV. (a) A group of 40 laborers had been in the employ of a corporation for many years until they resigned in December, 1959. At the time of their separation from the service, they were each entitled to re-ceive from the corpo!'ation the i;um of PU,000.00 rep1·eaenting their overtime pay arising from the Eight--Hour Labor Law, as well as their gratuity arising from a collective bargaining ai'reement, which the corporation refused to pay despite repeated demands therefor. Henoo, they filed a petition with the Cou!'t of Industrial Relations against the corporation for the collection of the above.slated sum. But the defendant's counS(!I f led a 1110tion to dismiss, oontending that. it is the Court of First Instance which had jurisdiction over the subject matter. Decide the moti•m. RcaMn briefly. (b) Point out four (4) instances when a w;tness may be inte1·rogated by leading questions on direct examination. V. (a) In the special pr~ceding on the intestate of San Jcsc, & parcel of land is adjudicated pro-indiviso to heira Juan and Pedro, and Juan wants to compel immediate partition thereof. As Juan's lawyer, what would yo11 do. Reason briefly. (b) In a certain civil case, Armando, an official of the BI R, was utilized as the sole witne:s.s for the plaintiff, and the defendant's counsel wa.nted to adduce evidence to prove the bad moral character of Annan® for truth, honesty and integrity, in order to discredit his testimony. Hence, defendant's counsel called on Toribio to testify that on two dif!P-rent occasions, Armando sclicitcd bribes from Toribio in connection with the latter's tax case pending with the BIR. But the plaintiff's counsel objected to Toribio's testimony. Rule on the objection. Reason briefly. V I. (a) Ptirit out three (3) ways of impeaching a judicial reco -,!. (b) What are the rt:(!uisites in .1rder that an admission of a partner may be admissible in evidence lllf(l.inst his co--partncr? '\'!!. (a) In c:riminai actions, when may a mere sult\m()nS be issued instead of warranl of arrest? (b) Lite thrt.-e (3) instftnces w,here fin~! judgment in civil cases may be executed, as of r;ght, before the expiration of the time to appt'ul. VIII. (a) State fully the ruks on venue in infer ior courts regarding civil actions. (b) FACTS: Lazaro was an insurance agent assigned to Da· vao, with the obligation to turn over tr. his principa\'s office in !\lanila ail the pr..mliums collected by him. As such agent, Lazaro was able to collect. premiums in Davuo in the total sum of Pl0,000, but he misa1Ji;rop1·iated the entire amount in Davao. QUESTION: Whe1~· is the 11en11e of the criminal action that may be possibly :nstituted ag.:inst Lazaro for his a:Jove-descrlbed acts? Ri>'.lrnn briefly. IX. FACTS: Victor was H:e Director, :ind Lucas the Assistant Director, of the Bureau of Fort:stry. Victor met accident, Jost his dght arm and left leg, and was hospitalized for six months, during which period, Lucas assumed the position of Director of Forestry. On the seventh (7) month, Victor wanted to resume his office as Director but. Luo.as refused to relinquish tho position, c:aiminr: that Victor ha<l been perrrurnently incapacitated to dis· charged the duties of the office. QUESTIONS: (a) What judicial 1 emcdy may Victor avail vf in order lo estab~ish h is right to the office of Director of F orestry? (b) Does Victor have to bring thit matt<"r to the Office of thf' Secretary of Agriculture, and if not satisfied therein, then to the Office of the President, for administrative remedy before he gors to Court? Why? (<') Within what period of lime may Victor possibly bring an activr. aginst Lucas for the recovery of whak\"E'r damages he maY i1a\·1t suffered by rP-nson of th!'! above-described acts of Lucas' X. (a) &at<- or expluin two 1liffcrcnt general rules of " Res [,;. fer Alios Acta". (b) When is a case considered n.; presenting a moot question? (c) Mey the attorney o{ the plaintiff or of the appellant, as t11e ca~e may t:.e, be order<"! tv pay 1hc costs of the suit, :in1\ if so, when! --oOo----LEGAL ETHICS AND PRACTICAL EXERCISES (\Varning: Use letter X, never your own name, as signature of attorney or notary public on any pleading or form cal'.ed for · in thP.s'' quest.ion~. \ (a) What is the power of the Court of Appeals or a Court uf First In& tancc upon the cxiE=tence of any of the grounds for suspcusion or disbarment aga.inst a lawyer? (b) State the effect, and the subsequent prooe.?ding to m; taken, when 1<uch power is exercised. IJ. Disc:.iss the liability of an Attorney-at Law to his client for mist:lkes or errors on matters of law, and for negligence in filing necessary pleading·s and briefs, or in taking the ~teps necessary to perfect an app1:al within t he tune fixe1i by statute or the Rules of Crourl. III. (a) Upon what grounds does a lawyer !ind justi!icatioo in :·l::presenting an accused who has confessed his gui!t to him, or whom he knows to be guilty from the facts disclosed to him. Explain ~our answer. (b) A lawyer was convicted of the crime of bigamy. Su~ scqucntly the President of the Philippines pardoned him uncon· ditionally'. May this lawyer still be disban'.ed "for having been convicted of a crime involving moral turpitude"? Give reasons. (C&ntimrcd 11ext pl'!gc) Pag~ :MS LAWYERS ll'OURNAL November 30, 1961
Date: 1961
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