Shella O.

Amistoso
LEGAL FORMS THURSDAY (5:30-7:30)

2004 BAR QUESTIONS AND ANSWERS

Legal Ethics and Practical Exercises
Question No. IX
A.
Prepare a draft of a criminal information charging a person with a crime
of homicide, complete with caption and title and required certification re
preliminary investigation. Do not use real names but supply all facts needed.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANDALUYONG
PEOPLE OF THE PHILIPPINES
NO.__________

CRIM. CASE

INV. SLP NO.

-versus-

-for-

JUDE ESPINA
(address)

HOMICIDE
Accused.

x--------------------------------------------------------------------------------x
INFORMATION
THE UNDERSIGNED Assistant City Prosecutor accuses JUDE
ESPINA of the crime of HOMICIDE, committed as follows:
That on or about the 4 th day of April 2004, in the City of
Mandaluyong, Philippines, a place within the jurisdiction of this
Honorable Court, the above-named accused, armed with a bladed
weapon with intent to kill, did then and there willfully, unlawfully
and feloniously attack, assault and stab one JOSEPH TOLEDO y

PABLICO, thereby inflicting upon him a fatal wound which directly

caused his death.
CONTRARY TO LAW.
City of Mandaluyong, 26 September 2004.
Asst. City Prosecutor
IBP No. 7654321 dated May 28, 2004
I HEREBY CERTIFY that I have conducted a preliminary
investigation of the case; that the accused was informed of the
complainant and of the evidence submitted against him; that he was
given an opportunity to submit controverting evidence; that based
on the evidence on record, there is reasonable ground to believe
that the crime has been committed; and that the accused is
probably guilty thereof.
Asst. City Prosecutor
Witnesses:
Maria Olivia P. Toledo (address)
and others
BAIL RECOMMENDED: P 40,000.00
B.
Prepare an acknowledgment of a deed of sale of registered parcel of
land, consisting of four (4) pages inclusive of the page where the
acknowledgment appears. Supply fictitious names of the parties, the notary
public and details of the parties community tax certificates.
Suggested Answer:
REPUBLIC OF THE PHILIPPINES)
) S.S.
CITY OF MANILA
)
ACKNOWLEDGMENT
IN THE CITY OF MANILA, Philippines, this 26 th day of
September, 2004, personally appeared before me Mr. Juan dela Cruz,
with Community Tax Certificate No. 123456 issued at Manila on
January 31, 2004, and Miss Evangeline Adan, with Community Tax
Certificate No. 78910 issued at Baguio City on February 5, 2004,

both of whom are known to me and to me known to be the same

persons who executed and foregoing instrument, and they
acknowledged to me that the same is their free and voluntary act
and deed.
I further certify that the foregoing instrument is a deed of
absolute sale of a parcel of registered land located in the District of
Singalong, Manila and consists of four (4) pages, including this page
on which this Acknowledgment is written, and signed on each and
every page by the said parties and their instrumental witnesses.
IN WITNESS WHEREOF, I have hereunto signed and affixed my
notarial seal at the date and on the place first above mentioned.
JORGE BATUNGBACAL
Notary Public
Until December 31, 2004
Doc. No. _________
Page No. _________
Book No. _________
Series of 2004
Question No. X
A.
Prepare a draft of the verification and non-forum shopping certification
that should be appended to a complaint. Omit the signature, place, date and
the jurat.
SUGGESTED ANSWER
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, Pedro Reyes, of legal age and a resident of Manila,
Philippines, after having been duly sworn, hereby dispose and state:
That I am the plaintiff in the above-entitled case; that I have
caused the foregoing Complaint to be prepared; that I have read the
same, and the allegations therein contained are true of my own
personal knowledge or based on authentic documents.
That I further certify that I have not heretofore commenced
any action or filed any claim involving the same issues in any court,

tribunal or quasi-judicial agency and to the best of my knowledge,

no such action or claim is pending therein, and if I should thereafter
learn that the same or similar action or claim has been filed or
pending, I will report that fact within five (5) days therefrom to this
Honorable Court.
B.
Prepare a complete draft of an attestation clause of a notarial
will.

SUGGESTED ANSWER:
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residence
addresses are stated after our names, do hereby certify that the
testator Alexander Magno has on this date published to us the
foregoing instrument, consisting of four (4) pages, including this
page, numbered, correlatively in letters at the top of each page, as
his Last Will and Testament, and he signed the same at the end and
on every page thereof, and we, in turn, at his request, signed the
same and every page thereof in the presence of the said testator
and of each other.
We further certify that his Attestation Clause is in English, a
language known to us.
Signatures
JOSE MERCADO

Addresses
______________________________________

GREGORIO LUNA

______________________________________

PERFECTO SOLIS

______________________________________

2005 BAR QUESTIONS AND ANSWERS

Legal Ethics and Practical Exercises
Question No. XIII
Gerry Cruz is the owner of a 1,000-square meter lot covered by
Transfer Certificate of Title No. 12345 located in Sampaloc, Metro Manila.
Gerry decided to sell the property but did not have time to look for a buyer.
He then designated his brother, Jon, to look for a buyer and negotiate the
sale. Jon met Angelo Santos who expressed his interest to buy the lot. Angelo
agreed to pay P1 Million for the property on September 26, 2005.
a) Draft the Special Power of Attorney to be executed by Gerry Cruz, as
principal, in favor of his brother Jon, as agent, authorizing the latter
to sell the property in favor of Angelo Santos.
b) Draft the Deed of Sale of Real Property.
SUGGESTED ANSWER:
A.
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT I, GERRY CRUZ, of legal age, single and a resident of
__________, Manila, have named, appointed and constituted, and by
these presents do hereby name, constitute and appoint, my brother
JON CRUZ, whose specimen signature appears below, as my true and
lawful Attorney-in-fact, for me and in my name, place and stead,
and for my benefit, to do or perform any or all of the following acts
and deeds, to wit:

To sell to Angelo Santos at the price of One Million Pesos

(P1,000,000.00), my parcel of land with an area of one thousand
(1,000) square meters, located in Sampaloc, Manila, covered by
Transfer Certificate of Title No. 12345 of the Register of Deeds of
Manila, and which is more particularly described as follows:
(technical description)
and to execute and sign the corresponding deed of sale.
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact
full power and authority whatsoever necessary, proper and
convenient as fully to all intents and purposes as I might or could do
if personally present, and hereby confirming and ratifying all that
my said Attorney-in-Fact shall lawfully do or cause to be done by
virtue of these presents.
IN WITNESS WHEREOF, I have signed these presents, at the
City of Manila, this 25th day of September, 2005.
GERRY CRUZ
Principal
SPECIMEN SIGNATURE:
JON CRUZ
Attorney-in-Fact
WITNESSES:
_____________________

___________________
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

) S.S.
CITY OF MANILA
)
IN THE CITY OF MANILA, Philippines, this _____ day of __________,
2005, personally appeared before me Mr. Gerry Cruz, with

Community Tax Certificate No. _____ issued at ___________ on __________,

2005, personally known to me to be the same person who executed
the foregoing instrument, and he acknowledged to me that the
same is his free and voluntary act and deed.
I further certify that the foregoing instrument is a Special
Power of Attorney to sell a parcel of land located in Sampaloc,
Manila, and consists of _____ pages, including this page, and signed
on each and every page by the said GERRY CRUZ and his
instrumental witnesses.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
Until December 31, 200_
(address)
Commission No. _____, Manila
Attorneys Roll No. _____
IBP Membership Roll No. _____
PTR O.R. No. _____, Manila,_______,
2005
Doc. No. _______
Page No. _______
Book No. _______
Series of 2005.
B.
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This instrument, executed by and between:
GERRY CRUZ, of legal age, single, and a resident of ____________,
herein represented by his Attorney-in-Fact, JON CRUZ, of legal age
and a resident of _________, and hereafter referred to as VENDOR,
-

and

ANGELO SANTOS, Filipino, of legal age, single, a resident of

_______________, and hereafter referred to as the VENDEE.

W I T N E S S E T H:
THAT, for and in consideration of the sum of One Million Pesos
(P1,000,000.00), in hand paid by the VENDEE to the VENDOR and
receipt of which is herein acknowledged by the latter, the VENDOR
has sold, transferred and conveyed, and by these presents does
hereby sell, transfer and convey, unto the VENDEE, that certain
parcel of land with an area of 1,000 square meters, more or less,
located in Sampaloc, Manila, covered by Transfer Certificate of Title
No. 12345 of the Register of Deeds of Manila, and which is more
particularly described as follows:
(technical description)
IN WITNESS WHEREOF, the parties hereto have signed these
presents at Manila, this 26th day of September, 2005.
GERRY CRUZ
Vendor
T.I.N. _______
By:

ANGELO SANTOS
Vendee
T.I.N. ________

JON CRUZ
Attorney-in-Fact
W I T N E S S E S:
________________

_________________

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
) S.S.
CITY OF MANILA
)
IN THE CITY OF MANILA, Philippines, personally appeared
before me, MR. JON CRUZ, with Community Tax Certificate No. ______
issued at _____ on __________, 2005, in his capacity as Attorney-in-Fact

of Mr. GERRY CRUZ, with Community Tax Certificate No. _____ issued
at _____ on __________, 2005 and Mr. ANGELO SANTOS, with Community
Tax Certificate No. _____ issued at _____ on __________, 2005, both of
whom are personally known to me to be the same persons who
executed the foregoing instrument, and they acknowledged to me
that the same is their free and voluntary act and deed, and the free
and voluntary act and deed of the principal whom Mr. JON CRUZ
represents.
I further certify that the foregoing instrument is a deed of sale
of a parcel of land located in Sampaloc, Manila, and consists of _____
pages, including this page, and is signed on each and every page by
the said parties and their instrumental witnesses.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
My Commission expires on l December
31, 2005
(Address)
Commission No. _____, Manila
Attorneys Roll No. _____
IBP Membership Roll No. _____
PTR O.R. No. _____, Manila,_______, 2005
Doc. No. _______
Page No. _______
Book No. _______
Series of 2005.
Question No. XIV
Draft a withdrawal of counsel without conformity of client.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH _____, MANILA
A.B.,
Plaintiff,

-versus-

CIVIL CASE NO. ______

C.D.,
Defendant.
x----------------------------------x
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL
COMES NOW the undersigned counsel for the plaintiff, and to
this Honorable Court respectfully alleges:
1. That he has recently suffered a mild stroke, and his present
physical and condition renders it difficult for him to carry
out his employment effectively.
2. That he has tried to get the conformity of his client but the
latter refuses to give the same.
WHEREFORE, it is respectfully prayed that the undersigned
counsel be granted leave to withdraw as counsel for the plaintiff.
Manila, ________, 2005
X
Counsel for the Plaintiff
(address)
(Attorneys
Roll
No.,
IBP
Membership
No., PTR O.R No.)
NOTICE OF HEARING
To: A. B.
Atty. Y
Counsel for the Defendant
Gentlemen:
Notice is hereby given that on _______________, 2005, at 8:30 a.m.
or as soon thereafter as the matter may be heard, the undersigned
counsel will submit the foregoing motion to the Honorable Court for
its consideration and resolution.

X
Copies Furnished by Personal Delivery
Atty. Y
(address)
Mr. A.B.
(address)

Question No. XV
Draft a Notice of Appeal.
SUGGESTED ANSWER:
NOTICE OF APPEAL
Notice is hereby given that the defendant is hereby appealing
from the judgment of this Honorable Regional Trial Court dated
__________, 2005, a copy of which was served on the defendant only
on __________, to the Court of Appeals, on questions of fact and law.
Manila, __________, 2005
ATTY. X
Counsel for the Defendant
(Address, Attorneys Roll
No.,
IBP Membership No., PTR O.R.
No.)
Copy Furnished:
Atty. Y
Counsel for the Plaintiff
(Address)

Question No. XVI

Draft a Certification of Non-Forum Shopping.
CERTIFICATE OF NON-FORUM SHOPPING
I, A.B., plaintiff in the above-entitled case, do hereby certify
under oath that:
1. I have not heretofore commenced any action or filed any claim
involving the same issues before any court, tribunal or quasi-judicial
agency;
2. To the best of my knowledge, there is no such other action or claim
is pending before any other court, tribunal, quasi-judicial agency;
and
3. If I should thereafter learn that such other action has been filed or
is pending, I will report such fact to this Honorable Court within five
(5) days learning the same.
Manila, ______________, 2005
A.B.
(Jurat)

2006 BAR QUESTIONS AND ANSWERS

Question XVI.
1. Draft an Affidavit of Desistance in a Criminal case for acts of
lasciviousness. (Exclude the Jurat)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES )
) S.S
CITY OF MANILA
)

AFFIDAVIT OF DESISTANCE
I, _____________________________________________________, of legal age,
single and resident of ___________________ after having been duly
sworn in accordance with law, hereby depose and state:
1. That I am the complainant in the Criminal Case No.
_____________ of the Metropolitan Court of Manila Branch
___________, for Acts of lasciviousness;
2. That, after listening to the explanation of the accused, I am
convinced that he acted unintentionally and without
malicious intent;
3. That I am no longer interested in the prosecution of the said
case, and I am hereby desisting from the same.
FURTHER, AFFIANT SAYETH NAUGHT.
Manila, September 24, 2006.
__________________________
Affiant
(Jurat)
Question XVII
2. Draft and Affidavit of Self-Adjudication of the estate of a deceased
person. (Exclude Jurat)
SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES)

)S.S
CITY OF MANILA
)
AFFIDAVIT OF SELF-ADJUDICATION
I, _________________, Filipino, of legal age, single, and a resident
of Manila, after having duly sworn in accordance with law, hereby
depose and state:

1. That ___________________________, a resident of

_______________________________ Manila, died on September 1,
2006, without a last will and testament;
2. That I am the sole heir of the said deceased, being his only
child by his wife who has predeceased him;
3. That the said deceased left real and personal properties
consisting of his house and lot located at
_____________________________________ Manila, and covered TCT
no. _____________________ of the Register of Deeds of Manila,
and personal belongings found n the said house;
4. That the said deceased left no debts
5. That, wherefore, I hereby adjudicate all of the above
described properties of the deceased to myself as his sole
heir
FURTHER, AFFIANT SAYETH NAUGHT
Manila, September _______ 2006.

___________________________________
Affiant
(Jurat)
Question XVIII
3. Draft an information charging OBET BUENA with arson filed with the
RTC Branch 10 Manila.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPIAL JUDICICAL REGION
REGIONAL TRIAL COURT BRANCH 10
Manila
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,
___________________

CRIMINAL CASE No.

-versusOBET BUNEA,
Accused
x-------------------------------------------------------------------x
INFORMATION
The undersigned public prosecutor hereby accused OBET
BUENA of the crime of ARSON, committed as follows;
That, on or about September 1 , 2006, at about 10 pm at night
time purposely sought to facilitate the commission of the offense, at
St., District of Quiapo City of Manila and within the jurisdiction of
this Honorable Court, the said accused did then and there willfully,
unlawfully and feloniously perform all the acts of execution which
would produce the crime of arson, as a consequence, by throwing a
lighted torch and a can of gasoline at a brgy hall in the said st.,
causing as a result the complete burning and destruction of the
same to the damage and prejudice of the city of Manila, in the
amount of P5,000,000.
Contrary to law.
Manila, September _____________, 2006
__________________________
Public
Prosecutor
CERTIFICATIION
I herby certify that a preliminary investigation that a
preliminary investigation of the above-entitled case was conducted
under my direction, and that there is prima facie evidence that a
crime has been committed and that the accused is probably guilty
thereof.
__________________________
Public
Prosecutor

2007 BAR QUESTIONS AND ANSWERS

Question No. VII
1. A. What evidence of indent does 2004 Rules on Notarial Practice
require before a notary public can officially affix his notarial seal on
and sign a document presented by an individual whom the notary
public does not personally know?
SUGGESTED ANSWER:
The required evidence of identity required before a notary
public can officially affix his notarial seal on and sign a document
presented by an individual whom the notary public does not
personally know are as follows:
(a). at least one current identification document issued by an
official agency bearing the photograph and signature of the
individual, or
(b) the oath or affirmation one credible witness not privy to
the instrument, document or transaction who is personally known
to the notary public and who personally knows the individual, or
of two credible witnesses neither whom is privy to the
instrument, documents or transaction who each personally knows
the individual and shows to the notary public documentary
identification.
Question No. VII
2. B. When can Judges of the Municipal Trial Courts (MTC) and Municipal
Circuit Trial Courts (MCTC) perform the function of the notaries public
ex officio, even if the notarization of the documents are not in
connection with the exercise of their official function and duties.
SUGGESTED ANSWER:
MTC and MCTC judges assigned to municipalities of circuit with
no lawyers or notaries public may, in their capacity as notary public
ex-officio perform any act within the competency of a regular notary
public, provide that: !. all notarial fees charged be for the account
of the government and turned over to the municipal treasurer

(Lapena vs Marcos, Adm. Matter no. 1969-MJ) 2. Certification made

in the notarized documents attesting to the lack of any lawyer or
notary public in such municipality or circuit (Abadilla v Tabiliran, jr.,
Adm. Matter MTC-92-716)
Question No. VII
3. Prepare a clause of stipulating a right of first refusal to be embodied in
a contract of lease, in case of sale of the property leased.
SUGGESTED ANSWER:
It is hereby agreed that if the Lessor should decide to sell the
leased premises during the period of this lease, he shall first offer
the same in writing to the Lessee who shall have the right to accept
the offer within a period of thirty 30 days from receipt of the same.
Should the lesee fail or refuse fail to accept, the Lessor may offer to
sell the property to any other person, provided that he cannot offer
the same at a lower price without first extending the same right of
first refusal to the lessee.
Question No. IX
4. Prepare an affidavit of merits to be attached to a Petition for relief.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPINES )
) s.s
CITY OF MANILA
)
AFFIDAVIT OF MERIT
I, Mr. B, of legal age, single and a resident of Quezon City, after
being duly sworn, depose and state that;
1. I am the defendant in the case entitled A versus B,
docketed as case no. 1234 of the Regional Trial Court of
Manila, Branch 56, for collection of sum of money;
2. On July 7, 20027, while on our way to the court to attend the
hearing of said case, a truck bumped the taxicab in which
my counsel and I were riding, causing serious physical
injuries to both of us, which necessitated our hospitalization
for two months;

3. Upon our failure to appear in court on that date, the

Honorable Regional Trial Court proceeded with the trial and
thereafter rendered judgment ordering me to pay
P5000,000 with interest from January 10,2006, plus costs.
The said decision was served on my counsel only on
September 15, 2007.
4. If I am given a chance to present evidence, I can show that
the amount being collected from me by the plaintiff has
been fully paid as shown by the receipt, a copy which is
attached hereto as Annex 1 of this Affidavit;
FURTEHR, AFFIANT SAYETH NAUGHT
Manila, September 20, 2007
B
Affia
nt
SUBSCRIBE AND SWORN, to before me, this 21st day of
September 2007, by the affiant Mr. B who exhibited to me his
Passport No. 345678 issued at Manila on January 12, 2007
WITNESS MY HAND AND SEAL.
CD
NOTARY PUBLIC
Until December 31,
2007
Commission no.
_______________
Roll No:
IBP no.:
PTR OR no.
___________Manila
Doc. No:
Page no.
Book no.
Series of 2007

Question No. X
5. Prepare an arbitration clause to be included in a contract.
SUGGESTED ANSWER:
Any dispute that may arise between the parties hereto
concerning the interpretation of this contract and/or arising on the
rights, duties or liabilities of any party arising hereunder, shall be
exclusively referred to arbitration by a committee of three (3)
arbitrators. Each party shall nominate one arbitrator and the two so
nominated shall choose the third arbitrator. If they cannot agree on
the third arbitrator within sixty (60) days from the date that the last
of them was nominated, the Executive judge of the Regional Trial
Court of Manila shall be asked to appoint such third arbitrator. Any
decision of the Arbitration Committee shall be final, enforceable and
binding on the parties.

2008 BAR QUESTIONS AND ANSWER

Question No. X
Ian Alba owns a house and lot at No. 9 West Aguila, Green Cross Subdivision,
Quezon City, which he leased to Jun Miranda for a term of two years starting May 1,
2006, at a monthly rental of P50,000. Jun defaulted in the payments of his rentals
for six (6) months, from January 1, 2007 to June 30, 2007.
a. Prepare a demand letter as lawyer of Ian Alba addressed to Jun Miranda
preparatory to filing an ejectment case. (3%)
SUGGESTED ANSWER:

September 25, 2007

Mr. Jun Miranda
No. 9 West Aguila, Green Cross Subdivision,
Quezon City
Re: Collection of House Rental

Dear Mr. Miranda:

I am representing my client Ian Alba. It is to be admitted that you are

occupying the residential property of my client through a lease contract
executed on May 1, 2006.
My client provided that you failed to pay the rental for the month of
January until June of 2007. The total amount due is P 300,000. Your failure
to timely pay is a breach of contract.
We are prepared to proceed with legal action. However, my client would
prefer to give you one last opportunity to make payment and avoid legal
action. Accordingly, please remit full payment within ten 10 days from the
receipt of this letter.
If you have questions, please feel free to contact my office.

Sincerely,
Atty. Louise Reyes

b. Assume Jun Miranda did not heed your demand letter. Draft a complaint for
ejectment. (Omit verification and affidavit of non-forum shopping). (9%)

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
Quezon City
Branch 1
Ian Alba,
Plaintiff,
CIVIL CASE No.
98765

-versus-

FOR: Unlawful

Detainer
Jun Miranda,
Defendant.
x-----------------------------------x
COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel and
unto this Honorable Court, most respectfully avers:
1. That the plaintiff, Ian Alba , is of legal age, Filipino citizen, single,
with residence and postal address at 123 Benitez Street, Manila;
That the defendant, Jun Miranda , is of legal age, Filipino citizen, single,
with residence and postal address at
No. 9 West Aguila, Green Cross
Subdivision, Quezon City, where they may be served with summons and
other court processes;
2. The plaintiff is the owner of a land over which an apartment had
been constructed located . 9 West Aguila, Green Cross Subdivision,
Quezon City;
3. By virtue of a contract of lease, the plaintiff leased unto the
defendant the aforesaid house and lot
for a consideration of
P50,000.00 a month as rental to be paid within the first ten (10)
days of each month starting May 1, 2006 ;
4. The defendant failed to pay the agreed rental for several months
starting January 1 until June 30 of 2007;
5. September 25, 2007, the plaintiff sent a letter of demand to vacate
the apartment which was received by the defendant as shown in the
registry return receipt hereto attached as Annex A;
6. Despite said letter of demand which was repeated by oral demands,
the defendant failed and still refused to pay the agreed amount of
rentals and to vacated the apartment;
7. By reason of failure of the defendant to vacate the premises and to
pay the unpaid rentals, the plaintiff was compelled to file this
complaint engaging the services of counsel in the amount of
P10,000.00.
WHEREFORE, premises considered, it is most respectfully prayed
unto this Honorable Court that, after hearing, judgment be rendered
ordering the defendant:

1. To vacate the subject premises;

2. To pay the amount of P50,000.00 per month as compensation for the
reasonable use of the subject premises until they finally vacate the
said premises;
3. To pay the plaintiff the cost of the suit.
City

of

Quezon,

September

29,

2008.

REYES, TOLENTINO AND CRUZ LAW OFFICE

Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila
By:
Atty. Louise Reyes
Roll of Attorney No. 98765
IBP No. 12345/2-5-04/Manila
PTR No. 87654/12-22-04/Manila
Copy Furnished:
ATTY. CARL ROGERS
Counsel for Petitioner
Unit 1200, GVC Condominium
Quezon City

Question No. XI
Draft a complete deed of donation of a piece of land in accordance with the form
prescribed by the Civil Code. (8%)
SUGGESTED ANSWER:
DEED OF DONATION
KNOW ALL MEN BY THESE PRESENTS:
That I, Mario Martinez of legal age, single, with postal address at V. Illut
Street, Poblacion, Santa Fe, Cebu hereinafter referred to as the DONOR,
and Juan Martinez, likewise of legal age, single, with postal address at M.

Borja Street, Talisay, Santa Fe, Cebu

witnessed:

hereinafter called the DONEE,

That the DONOR is the registered owner of a parcel of land, more

particularly described as follows:
(description of property to be donated)
That the DONEE is a cousin of the DONOR, who has lovingly dedicated five
(5) years of his life as the latter's personal caregiver and companion;
That FOR AND IN CONSIDERATION of the DONEE'S trust, devotion and
affection shown to the DONOR, and as an act of gratitude and liberality on
his part, the DONOR hereby voluntarily GIVES, TRANSFERS, and CONVEYS
by way of donation, unto the said DONEE, his heirs and assigns, the above
described property, together with all the improvements found thereon,
free
from
all
liens
and
encumbrances;
That the DONOR affirms that this donation is not made with intent to
deceive his creditors, and that he has reserved for himself sufficient funds
and property;
That the DONEE hereby accepts and receives this donation made in his
favor by the DONOR, and hereby manifests his gratefulness for the latter's
generosity.
IN WITNESS WHEREOF, both the DONOR & DONEE have hereunder
subscribed their names this 21 st day of October 2008 at Cebu City,
Philippines.
MARIO MARTINEZ

JUAN MARTINEZ
DONOR

DONEE
WITNESSES:
MEL VASQUEZ

ANNA CASTRO

ACKNOWLEDGEMENT
Republic of the Philippines)
Cebu City
) S.S
BEFORE ME, a notary for and in the City of Makati, personally appeared:
Name
(Donee)

CTC Number
00000000

Date/Place Issued
October 28, 20__ / Cebu City

known to me and to me known to be the same persons who executed the

foregoing Deed of Donation and acknowledged to me that the same is
their free and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary
Public
Doc. No._____;
Page No. _____;
Book No._____;
Series of 20__.

2009 BAR QUESTIONS AND ANSWER

Question No. I.A
1.

A notary public is disqualified from performing a notarial act when

the party to the document is a relative by affinity within the 4 th civil
degree

SUGGESTED ANSWER:
TRUE. Sec. 3 C Rule 4 of the 2004 Rules on Notarial Practice
provides that a notary public is disqualified from performing a
notarial act if he is a spouse, common law partner, ancestor,
descendant or relative by affinity or consanguinity of the principal
within the 4th civil degree.
Question No. VI
2. Atty. Sabungero obtained a notarial commission. One Sunday, while he
was at the cockpit, a person approached him with an affidavit that
needed to be notarized. Atty. Sabungero pulled out from his pocket his
small notarial seal and notarized he document. Was the affidavit validly
notarized? Explain

SUGGESTED ANSWER:
SEC. 2 Rule 4 of the 2004 Rules on Notarial Practice provides
that a notary public shall not perform a notarial act outside his
regular place of work, except in few exceptional occasions or
situations at the request of the parties. Notarizing in a cockpit is not
one of such excpetions. The prohibition is aimed to eliminate the
practice of ambulatory notarization. However, assuming that the
cockpit is within his notarial jurisdiction, the notarizarion may be
valid but the notary public should be disciplined.
Question No. IX
3. Alexander Sison, resident of 111 Libertad St. Sampaloc Manila engages
your service as a lawyer. He tells you that a certain Mr. Juan Jamero of
222 Juan Luna St. Tondo Manila owes him P1,000,000; that the debt is
long overdue; and that, despite repeated demand, Jamero has failed to
comply with his obligation. He also shows you a promissory note,
executed on January 3, 2008, wherein Jamero promises to pay the
amount of P1,000,000 with 12 interest per annum, within 1 year from
date of the note. Sison agrees to pay you attorneys fee in the amount
of P75,000.00 and a fee of P3,000.00 for every appearance in court.
As Sisons lawyer, prepare the complaint that you will file in court
against Juan Jamero.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA
ALEXANDER SISON
Plaintiff

CIVIL CASE NO.

-versusJUAN JAMERO
Defendant
x---------------------------------------------x
COMPLAINT

PLAINTIFF, through the undersigned counsel,

Honorable Court respectfully alleges;

through this

1. That plaintiff is of legal age and resident of 111 Libertad St.,

Sampaloc, Manila, while defendant is of legal age and a
resident of 222 Juan Luna St., Tondo Manila, where he may
be served with summons;
2. That on January 3, 2008, the defendant borrowed from the
plaintiff the amoutnP1,000,000, evidence by a Promissory
Note executed by the defendant on the same date, a copy of
which is hereto attached as Annex A and made an integral
part hereof, promising to pay the plaintiff the said amount
of P1,000,000 with interest thereon at the rate of 12% per
annum within a period of one year for the date thereof;
3. That the period of one year expired on January 2, 2009, but
the defendant has not paid the said loan or any portion
thereof despite the repeated demands;
4. That due to the defendants failure to pay, plaintiffs plainly
just and valid claim, the plaintiff was compelled to institute
this suit and to engage the service of counsel, to whom he
has agreed to pay the amount of P75,000 at attorneys fees,
plus P3,000 per appearance in court.
5. That baranagy mediation was previously sought but no
agreement was arrived at and the plaintiff was given a
certification to file his claim in court, a copy of which is
hereto attached as Annex B hereof.
WHEREFORE, it is respectfully prayed that, after due hearing,
judgment be rendered ordering the defendant to pay the plaintiff
the amount of P1,000,000, with interest thereon at the rate of 12%
per annum from January 2 2009 until fully paid, plus the amount of
P75,000 plus P3,000 per court appearance as attorneys fee.
Plaintiff prays for such other and further relief as may be just
or equitable under the premises.
Manila, September 28, 2009.
ATTY. _____________________
Counsel for the plaintiff
(address)
Attorneys Roll No,

Date _____________________________________
PTR No. ______________________________
IBP no.___________________________________
Date/place issued: ____________________
MCLE Cert. No. _________________________
Email address: ________________________
CERTIFICATION AGAINST FORUM SHOPPING
I, ALEXANDER SISON, after being duly sworn, hereby depose
and state:
1. That I am the plaintiff in the above entitled case;
2. That I have not initiated any case involving the same issues
before any other court or administrative body;
3. That I am not aware of the pendency of any case involving the
same issues or proceedings in any other court or any
administrative body, and
4. That if I should hear after learn about the pendency
of
another case involving the same issue in another court,
tribunal or administrative body, I will notify this Honorable
court within 5 days from thereon.
ALEXANDER
SISON
Affiant

Question No. X
4. Given the same facts in No. IX, assume that summons had been served
on Jamero, but no responsive pleading was filed within the
reglementary period.
Prepare a motion to declare Jamero in default.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT

BRANCH _____________MANILA
ALEXANDER SISON
Plaintiff

CIVIL CASE NO.

-versusJUAN JAMERO
Defendant
x---------------------------------------------x
MOTION TO DECLARE IN DEFAULT
PLAINTIFF, through the undersigned counsel,
Honorable Court respectfully alleges;

through this

1. That on September 2009, defendant was served with

summons and a copy of complaint;
2. That the reglementary period for the defendant to file an
ANSWER
or
MOTION
TO
DISMISS
expired
on
____________________________________, without the defendant
filing any such answer or motion.
3. That defendant may now be declared in default.
Wherefore, it is respectfully prayed that the defendant be
declared in default and the plaintiff be allowed to present his
evidence ex parte.
Manila, __________________________________________, 2009.

ATTY. _____________________
Counsel for the plaintiff
(address)
Attorneys Roll No,
Date _____________________________________
PTR No. ______________________________
IBP no.___________________________________
Date/place issued: ____________________
MCLE Cert. No. _________________________
Email address: ________________________

NOTICE OF HEARING
Mr. Juan Jamero
222 Juana Luan St., Tondo
Manila
Sir:
Notice is hereby given that on
_________________________________________________, at 8:30 a.m., the
foregoing motion will be submitted to the Honorable Court for its
consideration and resolution.
ATTY. ______________________________________

Question XIX
5. Romeo Hacendero wants to authorize Juanito Ahente to sell, on cash
basus, for a price not lower than P500,000 a parcel of land situated in
Munoz, Nueva Ecija and covered by Transfer Certificate Title No,
123456 in the Registry of Deeds of Nueva Ecija. Prepare a Special
Power of Attorney granting such authority.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES )
) S.S
CITY OF MANILA
)
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT I, ROMEO HACENDERO, of legal age and a resident of
____________________________________, have named JUANITO ABENTE, of
legal age and a resident of ______________________________, to be my true
and lawful attorney-in-fact and in my name, place and stead, to do
or perform the following acts and deeds, to wit:
To sell for the price of not lower than P5000,000.00, that
parcel of land situated in Munoz, Nueva Ecija, of which I am the
absolute owner, my title thereto being evidenced by Transfer
Certificate of Title No. 123456 of the Register of Deeds of Nueva
Ecija, and to sign the corresponding deed of sale.

HEREBY GIVING AND GRANTING unto my said attorney-in-fact

full power or authority as may be proper or necessary as fully to all
extent as I copuld do if personally present, and hereby confirming
all that my said attorney-in-fact shall lawfully do or cause to be
done by virtue of these presents.
Manila, September ________2009.
ROMEO HACENDERO
Principal
ACKNOWLEDGMENT
IN THE City of Manila, this _________ day of September, 2009,
personally appeared before me Mr. Romeo Hacendero, with Drivers
License No. ___________ issued at __________________ on
___________________________________, known to me to be the same person
who executed the foregoing instrument, and he acknowledge to me
that he executed the same of his own free and voluntary act and
deed.
I further certify that the foregoing instrument is a
Special Power of Attorney over a parcel of land situated in Munoz,
Nueva Ecija.
WITNESS MY HAND AND SEAL.
_______________________________
NOTARY PUBLIC
(Attorneys Roll No.)
(Commission No.)
(IBP Membership No.)
(PTR O.R. No.)
(Email Address)
Doc. No._____________________
Page No.____________________
Book No.____________________
Series of 2009.

Question No. XX

6. From the affidavits and the death certificate submitted during the
preliminary investigation, the following facts are established. At 6:00
oclock in the evening of September 13, 2009, at the Corner of Dapitan
and Dos Castillas Sts Sampaloc Manila, Edgas BAstoneri, alias Bugoy
and Carlos Tirador alias pogi, accosted Johnny Escolar, a student, and
demanded the latters cellular phone and wrist watch. Because Johnny
resisted, Bastonero pulled out a knife and stabbed Johnny several
timed in the chest, causing instanteous death. Bastonero and Tirador
then ran away. The affidavits were executed by William Tan and Henry
Uy, classmates of Johnny, who witnessed the entire incident. The death
certificate was issued by Dr. Jose Cabra who conducted the autopsy on
Johnny.
As Assistant prosecutor in Manila, prepare the appropriate criminal
information to be filed in court.
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA
PEOPLE OF THE PHILIPPINES
Plaintiff
-versusNO.________________

CRIM CASE
For: Robbery with

Homicide
EDGAR BASTONERO alias BUGOY and
CARLOS TIRADOR alias POGI,
Accused.
INFORMATION
The undersigned Assistant City Prosecutor of Manila hereby accuses
Edgar Bastonero alias Bugoy and Carlos Tirador alias Pogi, of
the crime of ROBBERY WITH HOMICIDE, committed as follows:
That on or about 6:00 p.m. of September 13,2009 at the corner
of Dapitan and Dos Catillas Streets, Sampaloc, Manila, Philippines,
within the jurisdiction of this Honorable Court , the said accused,

conspiring and confederating together and mutually aiding each

other, with the use of superior force, and with intent to gain, did
then and there, willfully, unlawfully, and feloniously, and by means
of violence, take and take away from one JOHNNY EXCOLAR, a
student, once cellular phone and a wrist watch belonging to the said
JOHNNY ESCOLAR, of the total value of One Hundred Thousand
Pesos (P100,000.00), to the damage and prejudice of the said
owner, and on the same occasion and for the purpose of enabling
them to take away the articles above mentioned, the herein
accused, in pursuance of their conspiracy, did then and there
willfully, unlawfully and feloniously, with intent to kill, and taking
advantage of their superior number and strength, treacherously
attack, assault, and repeatedly stab the said JOHNNY ESCOLAR in
the chest with the knife, thereby inflicting multiple chest wounds on
the said person which directly caused his death.
Contrary to law.
Manila, Philippines, 2009
Assistant City Prosecutor

CERTIFICATION
I hereby certify that a preliminary investigation was conducted
by me, in which the accused were given an opportunity to present
their evidence, and on the basis of the affidavits presented, there is
prima facie reason to believe that a crime has been committed and
that the accused are probably guilty thereof.
Assistant City Prosecutor
Witnesses:
Names
Willima Tan
Henry Uy
Dr. Jose Cabra

Addresses

Bail Recommended: P100,000.00 for each accused

2010 BAR QUESTIONS AND ANSWERS

Question No.I
A.

Verification and Certification against non-forum shopping.

SUGGESTED ANSWER:
VERIFICATION

AND

CERTIFICATION

AGAINST

FORUM

SHOPPING
X, after being duly sworn, hereby deposes and states:
That he is the plaintiff in the above-entitled case; that he
has caused the foregoing Complaint to be prepared; that he has
read the same and that the allegations of fact therein contained are
true of his personal knowledge or based on authentic documents;
That (a) he has not heretofore commenced any action or
filed any claim involving the same issues in any court, tribunal or
quasi-judicial agency, and to the best of his knowledge, no such
other action or claim is pending therein; and (b) if he should
hereafter learn that the same or similar action or claim has been
filed or is pending, he shall report that fact within five (5) days
therefrom to this Honorable court.
B.

Petition for Letters Rogatory.

SUGGESTED ANSWER:
(Caption)
PETITION FOR LETTERS ROGATORY
PLAINTIFF, through counsel, respectfully alleges:
1.
That the above action is pending in this court and, for the
purpose of completing the evidence and presenting to the court all
the facts whereby a just decision can be arrived at, it is necessary
that the testimony of Mr. A. B., who is presently residing in 123
North Avenue, Vancouver, British Columbia, Canada, be taken;

2.
That the said witness will be unable to go to the Philippines to
testify in this case due to his ailment as certified by his doctors
sworn certificate hereto attached as Annex A hereof;
3.
That it is in the interest of justice that the testimony of the
aforementioned witness be taken and made part of the evidence in
this case.
WHEREFORE, it is respectfully prayed that this court order the
issuance by the clerk of this court of letters rogatory to the proper
judicial tribunal of Vancouver, British Columbia, Canada requesting
the examination of Mr. A.B on the written interrogatories filed
herewith.
Manila, September 6, 2010.
Atty. WY
Notice of Hearing
Atty. M
Counsel for the defendant
Sir:
Kindly take notice that the foregoing petition will be submitted to
the Honorable Court on September 27, 2010, for its consideration
and resolution.
Atty. WY
II.
Enumerate the instances when a Notary Public may authenticate documents
without requiring the physical presence of the signatories.
Suggested Answer:
1.
If the signatory is old and sick or otherwise unable to appear,
his presence may be dispensed with f one credible witness not privy
to the instrument and who is known to the notary public, certifies
under oath or affirmation the identity of the signatory.
2.
If two credible witnesses neither of whom is privy to the
instrument, not known to the notary public but can present their
own competent evidence of identity, certify under oath or
affirmation to the identity of the signatory.
3.
In cases of copy certification and issuance of certified true
copy.

Question No. X
Allison hired Atty. X as his counsel in his complaint for Collection of
Sum of Money. Upon receipt on March 20, 2009 of the Notice of Pre-Trial
which was scheduled on May 24, 2009, Allison noted that at that time he
would still be in a two- week conference in St. Petersburg. He thus asked
Atty. X to represent him during the pre-trial.
Prepare the necessary document that Atty. X should submit to the
court to enable him to represent Allison during pre-trial.
SUGGESTED ANSWER:
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT, I, ALLISON, of legal age and a resident of _____________
have named, appointed and constituted Atty. X, of legal age and
resident of ____________, to be my true and lawful attorney-in-fact, for
me and in my name, place and stead, to do and perform any or all of
the following acts and deeds, to wit:
To represent me at the pre-trial of the case entitled
ALLISON vs. ______________, Civil Case No. _______________ of the
Regional Trial Court of Manila, on ____________ 2010 or any
postponement thereof, with full authority to consider and decide on
those matters covered by Section 2, Rule 18 of the 1997 Rules of
Civil Procedure.
HEREBY GIVING AND GRANTING unto my said Attorney-inFact full power and authority whatsoever necessary, proper or
convenient as I might or could lawfully do if personally present, and
hereby CONFIRMING AND RATIFYING all that my Attorney-in-Fact
shall lawfully do or cause to be done by virtue of these presents.
(Place and date)
(Sgd.) ALLISON
ACCEPTED:
Atty. X
(Acknowledgment)

Question No. XVIII.

A.
Draft the accusatory portion of an Information for RAPE of a 13- year
old child committed by her maternal uncle in broad daylight at the back of
the church.
SUGGESTED ANSWER:
The undersigned public prosecutor accuses A.B. of the
Crime of Qualified Rape pursuant to Republic Act No. 8353
otherwise known as the Anti-Rape Law of 1997 committed as
follows:
That on or about 8:00 oclock in the morning of September
25, 2010, in the City of Manila and within the jurisdiction of this
Honorable court, and the said accused A.B. an uncle, a relative by
consanguinity within the third civil degree, of the victim C.D., a
minor 13 years of age, did then and there grab the said victim while
she was praying inside the Quiapo Church, and dragged her behind
a side altar of the church, and through the use of threats and
violence did there and then, willfully, unlawfully and feloniously
have carnal knowledge of her.
Contrary to law.
B.

Draft a Petition for the Issuance of a Writ of Habeas Data.

SUGGESTED ANSWER:
Republic of the Philippines
(Court)
IN THE MATTER OF THE PETITION FOR
THE HABEAS DATA, JUAN DELA CRUZ,
Petitioner,
SP.
_______________
THE CHIEF OF STAFF OF THE ARMED
FORCES OF THE PHILIPPINES and THE
COMMANDING GENERAL OF THE
PHILIPPINE NATIONAL POLICE,
Respondents.
x--------------------------------------------------x

Versus
PROC.
NO.

PETITION
PETITIONER, through the undersigned counsel, respectfully
alleges;
1.
That petitioner is of legal age and a resident of Balanga,
Bataan, while respondents are likewise of legal age and may be
served with summons at their offices at Camp Emilio Aguinaldo and
Camp Crame, respectively, EDSA, Quezon City
2.
That, on or about March 1, 2010, allegedly on the basis of
intelligence reports, elements of the Armed Forces of the Philippine
National Police, without any warrant of arrest apprehended the
petitioner and 42 others while they were peacefully attending a
seminar on rural health at Morong, Bataan.
3.
That, ever since that date, March 1, 2010, until the present,
the petitioner is under detention by the military and the police on
the basis of the alleged intelligence reports.
4.
That the petitioner had repeatedly asked the respondents to
show him the alleged intelligence reports so that he can defend
himself, but until the present, the respondents have failed and/or
refused to comply with the said request of the petitioner.
5.
That, to the best of the knowledge of the petitioner, the said
intelligence reports are in the abovementioned offices of the
respondents.
WHEREFORE, is it respectfully prayed that, after due hearing, a
writ of Habeas Data be issued ordering the respondents to disclose
and/or furnish copies thereof to the petitioner, the alleged
intelligence reports which are the basis of his continued unlawful
detention.
Place and date.
Counsel for the Petitioner
(Verification and Certification of Non-Forum Shopping)
C.

Draft a Petition for Bail.

SUGGESTED ANSWER:

(Caption)
PETITION FOR BAIL
Defendant Juan de la Cruz, through counsel respectfully
alleges:
1.

That the defendant is in custody for the alleged commission

of a capital offense.

2.

That no bail has been recommended for his temporary

release on the assumption that the evidence of guilt is
strong.

3.

That the burden of showing that evidence of guilt is strong is

with the prosecution, and unless that fact is satisfactorily
shown, the defendant may be bailed at the courts discretion;

WHEREFORE, upon due notice and hearing, it is respectfully

prayed that the defendant be admitted to bail in such amount as
this Honorable Court may fix.
(Place and Date)
MCL
Counsel for the Defendant
(Notice of Hearing)

2011 BAR QUESTIONS AND ANSWER

(2) The acknowledgment appearing in a deed of sale reads: "Before me
personally appeared this 30 August 2010 Milagros A. Ramirez, who proved
her identity to me through witnesses: 1. Rosauro S. Balana, Passport
UU123456; 1-5-2010/ Baguio City; and 2. Elvira N. Buela, Passport
VV200345; 1-17-2009/ Manila. "Both witnesses, of legal ages, under oath
declare that: Milagros A. Ramirez is personally known to them; she is the

same seller in the foregoing deed of sale; she does not have any current
identification document nor can she obtain one within a reasonable time; and
they are not privy to or are interested in the deed he signed." What is the
status of such a notarial acknowledgment?
(A) Questionable since the notary public is not shown to
personally know the principal party.
(B) Ineffective since it included parties not privy to the deed.
(C) Invalid since the evidence of identity is non-compliant with
the notarial rules.
(D) Valid since it is a manner of establishing the identity of the
person executing the document.
.
(5) Sheryl, Eric's counsel, once asked for postponement and the court
granted it since the opposing counsel, Bernadine, did not object. Eric then
asked Sheryl not to allow any further postponements because his case has
been pending for 8 years. When trial resumed, Bernadine moved to reset the
trial because of her infant's ailment. What must Sheryl do?
(A) Remind the Court that it has the duty to promptly decide
the case.
(B) Interpose no objection since she too
postponement without Bernadine's objection.

once

sought

(C) Vehemently oppose Bernadine's motion for being contrary

to Eric's wishes.
(D) Submit the motion to the Court's sound discretion.
(8) Raul sought Ely's disbarment for notarizing a deed of sale knowing that
four of the sellers were dead. Ely admitted that he notarized the deed of sale
but only after his client assured him that the signatures of the others were
authentic. Later, Raul moved to have the complaint against him dismissed on
the ground that it was filed because of a misunderstanding which had

already been clarified. This prompted the IBP to recommend the dismissal of
the complaint. Can the dismissal be allowed?
(A) No, unless the complainant executes an affidavit of
desistance.
(B) Yes, since no compelling reason remained to continue with
it.
(C) Yes, but recall Ely's notarial commission since the charge
against him seems meritorious.
(D) No, given Elys admission that he notarized the document
when some signatories were absent.
(9) When will Atty. Antonio's notarial commission expire if he applied for and
was given such commission on 12 November 2010?
(A) 31 December 2012
(B) 31 December 2011
(C) 11 November 2011
(D) 11 November 2012
(11) Which of the following will subject Atty. Lyndon, a Manila notary public,
to sanctions under the notarial rules?
(A) Notarizing a verification and certification against forum
shopping in Manila Hotel at the request of his Senator-client.
(B) Refusing to notarize an extra-judicial settlement deed after
noting that Ambo, a friend, was delisted as heir when he was
in fact one.
(C) Performing signature witnessing involving his brother-inlaw and recording it in his register.
(D) Notarizing a deed of sale for someone he knew without
requiring any proof of identity.

(22) In what documented act will a notary publics failure to affix the
expiration date of his commission warrant administrative sanction?
(A) In the jurat of a secretary's certificate.
(B) In the will acknowledged before him.
(C) In the signature witnessing he performed.
(D) In the document copy he certified.
(32) Myra asked Atty. Elma to notarize her deed of sale. When Elma asked
for Myra's competent evidence of identity, she explained that she does not
have any current identification document nor could she get one soon.
Instead, she presented her friend, Alex, who showed Atty. Elma his drivers
license and confirmed her Myras identity. Is Alexs identification of Myra
valid?
(A) Yes, provided Alex states in the deed of sale that he knew
Myra personally.
(B) No, Myra needs to produce a valid identification document
of herself.
(C) No, since Alex is not himself a party to the document.
(D) Yes, since Alex had a valid identification document.

2012 BAR QUESTIONS AND ANSWERS

17. Atty. Atras was the counsel for Mr. Abante. Soon after the case was
submitted for decision, Mr. Abante got the files and informed Atty. Atras that
he was hiring another lawyer. On that same day, a copy of the decision was
received by Atty. Atras but he did not do anything anymore. He also' failed to
file his withdrawal, and no appearance was made by the new counsel. When

Mr. Abante found out about the adverse decision, the period to appeal had
lapsed. Was service to Atty. Atras effective?
A. Yes, Atty. Atras is still considered the counsel of record until
his withdrawal of appearance has been actually filed and
granted.
B. Service should be done on Mr. Abante because he had
already severed lawyer-client relationship with Atty. Atras.
C. Service should be done on the new counsel as soon as he
enters his appearance.
D. Service upon Atty. Atras is not effective because his
services have already been terminated by the client.
21. Atty. Nelson recently passed the Bar and wanted to specialize in marine
labor law. He gave out calling cards with his name, address and telephone
number in front, and the following words at the back: "We provide legal
assistance to overseas seamen who are repatriated due to accident, illness,
injury, or death. We also offer FINANCIAL ASSISTANCE." Does this constitute
ethical misconduct?
A. No, clients have freedom in the selection of their counsel.
B. No, use of a professional card is a lawful way of announcing
his services as a professional.
C. Yes, because the offer of
undignified way of luring clients.

financial

assistance

is

D. Yes, because the offer of assistance is stated at the back.

22. Which of these does not constitute competent evidence of identity?
A. Passport;
B. SSS card;
C. Community Tax Certificate;

an

D. Senior Citizen Card.

23. A recovery of ownership complaint was filed by the Dedo and Dedo Law
Firm, through Atty. Jose Dedo as counsel. During all the phases of trial, it was
Atty. Jose Dedo who appeared. Unfortunately, Atty. Jose Dedo died before
completion of trial. Notices and orders sent to the Dedo and Dedo Law Firm
were returned to the court with the manifestation that Atty. Dedo already
died and requesting the court to directly send the matters to the client. Is
this proper?
A. No, the law firm- through another lawyer - should continue
to appear for the client.
B. Yes, because the death of the handling lawyer terminates
the attorney-client relationship.
C. Yes, because attorney's fees was not paid to the law firm.
D. No, it will be unjust for the client to pay another lawyer.
28. Atty. Edad is an 85 year old lawyer. He does not practice law anymore.
However, his IBP Chapter continues to send him notices to pay his IBP dues
of more than ten (1 0) years with warning that failure to comply will result in
the removal of his name. Piqued by this, Atty. Edad filed with the IBP
Secretary a sworn letter notifying that he is voluntarily terminating his
membership with the IBP. Should he be allowed?
A. No, because membership in IBP is compulsory for all
lawyers.
B. Yes, an erstwhile IBP member
membership for good reasons.

may

terminate

his

C. No, that is only a ploy to evade payment of IBP dues.

D. Yes, it will violate his right not to join an association.
41. A notary public is required to record chronologically the notarial acts that
he performs in the:

A. Notarial Book;
B. Roll of Documents Notarized;
C. Notarial Register;
D. Notarial Loose Leafs Sheets.
42. A party to a contract does not know how to write. Neither can he affix his
thumbmark because both hands were amputated. How will that person
execute the contract?
A. Ask the party to affix a mark using the toe of his foot in the
presence of the notary public and two (2) disinterested and
unaffected witnesses to the instrument.
B. Ask the party to hold the pen with his teeth and affix a +
mark to be followed by the signature of one friend.
C. The party may ask the notary public to sign in his behalf.
D. None of the above.
43. The reports of a Notary Public are submitted to the:
A. Executive Judge;
B. Court Administrator;
C. Notarial Archives;
D. Clerk of Court.
44. Atty. Tony is a 25 year old Filipino lawyer. He has been a resident in
Paranaque City for about ten (1 0) years and holds office in his residence. He
filed a petition for appointment as Notary Public in Paranaque and has
clearance from the I BP and the Bar Confidant. However, it appears that
while still a college student, he was convicted by a Laguna Court for Reckless
Imprudence Resulting in Damage to Property. During the summary hearing of

his petition, the offended party therein strongly objected on that ground. Can
Atty. Tony be appointed?
A. No, because he has a previous criminal record.
B. No, because of the opposition.
C. Yes, the offense of Reckless Imprudence does not involve
moral turpitude.
D. Yes, since the Reckless Imprudence case did not happen in
the jurisdiction where Atty. Tony is applying.
45.What is the effect when the parties to a document acknowledged before a
notary public did not present competent evidence of identity?
A. Voidable;
B. Valid;
C. Invalid Notarization;
D. Unenforceable.
46. The petition for appointment as a notary public should be filed with:
A. The Office of the Court Administrator;
B. The Clerk of Court;
C. The MeTC Executive Judge;
D. The RTC Executive Judge.

47. What is a retaining lien?

A. The lawyer who handled the case during the trial stage
should continue to be retained up to the appeal.

B. The right of the lawyer to be retained as counsel for a party

until the entire case is finished.
C. The right of a lawyer who is discharged or withdrawn to
keep the records and property of the client in his possession
until his lawful services have been paid.
D. The prerogative of a client's retainer to recover out-ofpocket expenses.

2013 BAR QUESTIONS AND ANSWER

MCQ:
I. Under the 2004 Rules of Notarial Practice, what may used to satisfy the
requirement of "competent evidence of identity"? (1%)
(A) Passport, Senior Citizen card, HMO card.
(B) Police clearance, credit card, Professional Regulatory
Commission ID.
(C) Voters ID, NBI clearance, Drivers license.
(D) Ombudsmans clearance, private office ID, PhilHealth card.
(E) All of the above.
IV. Ms. Seller and Mr. Buyer presented to a commissioned notary public a
deed of sale for notarization. The notary public explained to them the
transaction the deed embodies and asked them if they were freely entering
the transaction. After the document was signed by all the parties, the notary
public collected the notarial fee but did not issue any BIR-registered receipt.

The notarization of the deed is __________. (1%)

(A) neither unlawful nor improper because he explained the
basis for the computation of the notarial fee
(B) unlawful because he did not issue a BIR-registered receipt
and did not post in his office the complete schedule of
chargeable notarial fees
(C) proper because he is not required to issue receipts for
notarial fees
(D) improper because he did not ask Ms. Seller and Mr. Buyer if
they needed a receipt
(E) proper because any irregularity in the payment of the
notarial fees does not affect the validity of the notarization
made