2013 REMEDIAL LAW BAR EXAMINATIONS

Alfie Bravo filed with the Regional Trial Court of Caloocan, a complaint for a sum of money against Charlie
Delta. The claim is for Php1.5Million. The complaint alleges that Charlie borrowed the amount from Alfie and
duly executed a promissory note as evidence of the loan. Charlie’s office secretary, Esther, received the
summons at Charlie’s office.

Charlie failed to file an answer within the required period, and Alfie moved to declare Charlie in default and to
be allowed to present evidence ex parte. Ten days later, Charlie filed his verified answer, raising the defense
of full payment with interest.

a) Was there proper and valid service of summons on Charlie? (3%)

b) If declared in default, what can Charlie do to obtain relief? (4%)

Suggested Answers:
Civil Procedure: Service of Summons

a) No, there was no proper and valid service of summons on Charlie.

It is only when summons cannot be served personally within a reasonable period of time that substituted
service may be resorted to. The Supreme Court has held that there must be diligent efforts to personally
serve the summons within a reasonable time before substituted service of summons may be availed of.

Here there was no showing of diligent efforts to serve summons personally. Hence the service of
summons was not proper and valid.

Nonetheless the court acquired jurisdiction over Charlie’s person when he filed the answer without
raising the ground of lack of personal jurisdiction. Under Section 20 of Rule 14, a voluntary appearance,
such as by filing an answer, is equivalent to service of summons.

b) If declared in default, Charlie can file a motion for reconsideration.

Civil Procedure: Order of default

The Supreme Court has held that the defendant’s answer even if belatedly filed should be admitted
where it was filed before he was declared in default as default judgments are frowned upon. Here
Charlie’s answer was filed before he was declared in default. Hence the same should be admitted.

Further, the party may resort to a writ of certiorari as the order of default is improperly declared as it is
an error to declare a defendant in default after the answer was filed (Cathay Pacific Airways v. Romillo,
Jr., 141 SCRA 451).

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 II

Yvonne, a young and lonely OFW, had an intimate relationship abroad with a friend, Percy.
Although Yvonne comes home to Manila every six months, her foreign posting still left her husband
Dario lonely so that he also engaged in his own extramarital activities. In one particularly exhilarating
session with his girlfriend, Dario died. Within 180 days from Dario’s death, Yvonne gives birth in
Manila to a baby boy. Irate relatives of Dario contemplate criminally charging Yvonne for adultery
and they hire your law firm to handle the case.

a) Is the contemplated criminal action a viable option to bring? (3%)

b) Is a civil action to impugn the paternity of the baby boy feasible, and if so, in what
proceeding may such issue be determined? (5%)

Suggested Answers:
Criminal Procedure: Extraterritorial Jurisdiction; Prosecution of Private offenses

a) No, the contemplated criminal action is not a viable option to bring.

First. As provided by Sec. 15, Rule 110 of the ROC, criminal action shall be instituted and tried in
the court of the municipality or territory where the offense was committed or where any of its
essential ingredients occurred. Further, under the Principle of Territoriality in Criminal Law, a
crime committed abroad cannot be prosecuted in the Philippines. Here the crime of adultery was
committed abroad. Hence the same cannot be prosecuted in the Philippines and a criminal
action would not be viable.

Second. Under the Rules of Criminal Procedure, specifically under Sec. 5 of Rule 110, the crime
of adultery cannot be prosecuted except upon a complaint filed by the offended party. Here,
since the action was instituted by the relatives of Dario, the action cannot prosper.

Here the offended party, Dario, the husband of Yvonne is dead. Hence the complaint can no
longer be filed.

b) Yes, a civil action to impugn the paternity of the baby boy is feasible.

Civil Procedure: Parties to civil action; parties in interest

The issue may be determined in a direct proceeding to attack the paternity or legitimacy of the
child.

Under the Family Code, the legitimacy of a child may be impugned on the ground that it was
physically impossible for the husband to have sex with his wife within the first 120 days of the
300 days which immediately preceded the birth of the child. The heirs of the husband may bring
the action if he should die before the expiration of the one-year period from the knowledge of the
birth or the recording of the birth in the civil register without bringing the action.

Here it was physically impossible for Dario to have sex with his wife within the first 120 days of
the 300 days which immediately preceded the birth of the child since she was abroad. Dario also
died within one-year period for bringing the action. Hence a civil action to impugn the legitimacy
or filiation of the child may be brought by the heirs. [Art. 170 in rel. to Art. 166(1), Family Code]

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 III

While in his Nissan Patrol and hurrying home to Quezon City from his work in Makati, Gary
figured in a vehicular mishap along that portion of EDSA within the City of Mandaluyong. He was
bumped from behind by a Ford Expedition SUV driven by Horace who was observed using his
cellular phone at the time of the collision. Both vehicles - more than 5 years old – no longer carried
insurance other than the compulsory third party liability insurance. Gary suffered physical injuries
while his Nissan Patrol sustained damage in excess of Php500,000.

a) As counsel for Gary, describe the process you need to undertake starting from the point of
the incident if Gary would proceed criminally against Horace, and identify the court with
jurisdiction over the case. (3%)

b) If Gary chooses to file an independent civil action for damages, explain briefly this type of
action: its legal basis; the different approaches in pursuing this type of action; the evidence
you would need; and types of defenses you could expect. (5%)

Suggested Answers:
Criminal Procedure: Complaint; Jurisdiction

a) As counsel for Gary the process I would need to undertake starting from the point of the incident
would be as follows:

1. Interview Gary and the witness who observed Horace using his cellular phone and then
draft the complaint-affidavit of Gary and the affidavit of the witness.

2. File the complaint-affidavit of Gary attaching thereto the affidavit of the witness. I would file
the complaint-affidavit with the Office of the City Prosecutor of Mandaluyong City for
preliminary examination under Section 3(a) of Rule 112. No preliminary investigation is
needed since the penalty for reckless imprudence resulting in physical injuries does not
exceed 4 years, 2 months and one day. Nevertheless, the complaint-affidavit cannot be filed
directly in court but with the city prosecutor pursuant to S1 R110.

3. The court with jurisdiction over the case would be the Metropolitan Trial Court of
Mandaluyong City. The MeTC has jurisdiction over the offense charged since the penalty
does not exceed 6 years. Venue is in Mandaluyong City as the crime was committed
therein.

Criminal Procedure: independent civil action

b) An independent civil action is an action to enforce the civil liability arising from the offense
charged which by provision of law is considered independent in that it does not need reservation
and it shall proceed regardless of the result of the criminal action. The legal basis for an
independent civil action is Rule 111 of the Criminal Procedure and the Civil Code provisions on
independent civil actions which cover actions for physical injuries.

Gary may take the approach of filing an independent civil action or pursuing his claim for
damages in the civil aspect of the criminal case. But he cannot recover damages twice for the
same act or omission as provided for in the Rules of Criminal Procedure.

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 In either case, the quantum of evidence needed to prove Gary’s case would be proof beyond
reasonable doubt. The statements of Gary and the witness who observed Horace use the
cellphone while driving would amount to a preponderance of evidence unless rebutted by
Horace. I could expect the defense of fortuitous cause and contributory negligence alleging that
Gary contributed to the accident as he was hurrying home.

IV

At the Public Attorney's Office station in Taguig where you are assigned, your work requires
you to act as public defender at the local Regional Trial Court and to handle cases involving
indigents.

a) In one criminal action for qualified theft where you are the defense attorney, you
learned that the woman accused has been in detention for six months, yet she has not
been to a courtroom nor seen a judge.

What remedy would you undertake to address the situation and what forum would you
use to invoke this relief? (3%)

b) In another case, also for qualified theft, the detained young domestic helper has been
brought to court five times in the last six months, but the prosecution has yet to
commence the presentation of its evidence. You find that the reason for this is the
continued absence of the employer-complainant who is working overseas.

What remedy is appropriate and before which forum would you invoke this relief? (3%)

c) Still in another case, this time for illegal possession of dangerous drugs, the
prosecution has rested but you saw from the records that the illegal substance
allegedly involved has not been identified by any of the prosecution witnesses nor has
it been the subject of any stipulation.

Should you now proceed posthaste to the presentation of defense evidence or

consider some other remedy? Explain the remedial steps you propose to undertake.
(3%)

d) In one other case, an indigent mother seeks assistance for her 14-year old son who
has been arrested and detained for malicious mischief.

Would an application for bail be the appropriate remedy or is there another remedy
available? Justify your chosen remedy and outline the appropriate steps to take. (3%)
Suggested Answers:

Criminal Procedure: Right of the accused at trial; Arraignment

a) The remedy I would undertake to address the situation would be to file a motion to dismiss the
information on the ground of denial of my client’s right to speedy trial and I would invoke this in
the court where the criminal case is pending.

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 Under the Rules of Criminal Procedure Sec 1 (g), Rule 116, the accused must be arraigned
within 30 days from the time the court acquires jurisdiction over his person and violation of this
time limit will entitle the accused to move for the dismissal of the information.

Here my client had not yet been arraigned for six months although the court had acquired
jurisdiction over her person by her arrest. Hence, I could move for the dismissal of the
information on the ground of violation of the right to a speedy trial.

The forum I would invoke would be the court where the criminal case is pending because it is
this court which has jurisdiction and control over the case.

Criminal Procedure: Right of the accused at trial; Right to speedy trial

b) The remedy which is appropriate is to file a motion to dismiss the information on the ground of
denial of the right to a speedy trial and the forum where I would invoke this remedy is in the court
where the case is pending.

Under the Rules on Criminal Procedure, the unavailability of an essential witness shall be
excluded in computing the time within which trial must commence. Unavailable under the Rules
means that the witness’ presence for trial cannot be obtained by due diligence.

Here there is no showing that the prosecution exerted due diligence to obtain the presence of the
employer-complainant, an essential witness. Hence the six-month period is not excluded in
computing the time within which the trial must commence. Hence the accused’s right to a speedy
trial has been denied and thus she may move for the dismissal of the information on this ground.

Criminal Procedure: Demurrer to evidence

c) No, I would not proceed posthaste to the presentation of defense evidence but would consider
the remedy of filing a motion for leave to file a demurrer to evidence.

Under Sec. 23 of Rule 119 of the Rules of Criminal Procedure, after the prosecution has rested
its case, a demurrer to evidence may be availed of on the ground of insufficiency of evidence.

Here the prosecution’s evidence is insufficient for conviction since the illegal substance involved
which is the crucial evidence has not been identified by any of the prosecution’s witnesses nor
has it been the subject of any stipulation.

The remedial steps I propose to undertake are the following:

Within 5 days from the time the prosecution has rested its case, I would file a motion for leave to
file demurrer to evidence.

I would obtain leave first since if a demurrer is filed without leave and denied, the accused is
deemed to have waived the presentation of his evidence.

If leave is granted, I will file the demurrer within ten days from notice of the order granting leave.
If leave is denied, that is the time I will present defense evidence.

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 Special Proceedings: Writ of Habeas Corpus

d) An application for bail is not the appropriate remedy.

Under the Juvenile Justice and Welfare Act, a child below 15 is below the age of criminal
responsibility and should not be detained by a court. Hence the 14-year-old should not have
been detained in the first place and thus bail would not have been appropriate.

The appropriate remedy is a petition for the issuance of a writ of habeas corpus if the detention
of the 14-year-old is not by virtue of a court order o process.

Under the Rules on Special Proceedings, the writ of habeas corpus is available in cases of illegal
detention of a person. Here the 14-year-old has been illegally detained because he is below the
age of criminal responsibility. Hence the writ of habeas corpus would be proper. I would draft a
verified petition for habeas corpus to be signed by the mother and I would file it with any
Regional Trial Court in the National Capital Judicial Region, the region where the writ is sought
to be enforced.

If the 14-year-old is detained by virtue of a court order or process, the appropriate remedy would
be a motion with the court for the release of the 14- year-old in line with the Juvenile Justice and
Welfare Act. The motion should be set for hearing and with notice to the prosecutor. In the
hearing of the motion, I would argue that a child below the age of criminal responsibility cannot
be detained by a court pursuant to the Juvenile Justice and Welfare Act.

The spouses Juan reside in Quezon City. With their lottery winnings, they purchased a parcel
of land in Tagaytay City for P100,000.00. In a recent trip to their Tagaytay property, they were
surprised to see hastily assembled shelters of light materials occupied by several families of informal
settlers who were not there when they last visited the property three (3) months ago.

To rid the spouses’ Tagaytay property of these informal settlers, briefly discuss the legal
remedy you, as their counsel, would use; the steps you would take; the court where you would file
your remedy if the need arises; and the reason/s for your actions. (7%)
Suggested Answers:

Civil Procedure: Special Civil Action; Forcible Entry

a) I would avail of the legal remedy of the special civil action for forcible entry in order to rid the
spouses’ property of the informal settlers. Under the Rules of Civil Procedure, the special civil
action for forcible entry is available where the plaintiff had been dispossessed of his property
through stealth.

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 Here the informal settlers had taken possession of the property through stealth by entering into
the same when the spouses were not in the property and without their knowledge and consent.

The steps I would take are the following:

I would immediately file in behalf of my client a verified complaint for forcible entry with the
Municipal Trial Court of Tagaytay. Prior demand is not necessary in forcible entry. Jurisdiction is
with the MTC pursuant to B.P. Blg.129 and the venue is in Tagaytay since forcible entry is a real
action. I would file the action within one year from the discovery of the dispossession through
stealth. I would include in the complaint an application for preliminary mandatory injunction.
Thus, my client can go directly to court without undergoing barangay conciliation.

VI

While leisurely walking along the street near her house in Marikina, Patty unknowingly stepped
on a garden tool left behind by CCC, a construction company based in Makati. She lost her balance
as a consequence and fell into an open manhole. Fortunately, Patty suffered no major injuries except
for contusions, bruises and scratches that did not require any hospitalization. However, she lost self-
esteem, suffered embarrassment and ridicule, and had bouts of anxiety and bad dreams about the
accident. She wants vindication for her uncalled-for experience and hires you to act as counsel for
her and to do whatever is necessary to recover at least Php100,000 for what she suffered.

What action or actions may Patty pursue, against whom, where (court and venue), and under
what legal basis? (7%)

Civil Procedure: Jurisdiction and Venue

Suggested Answers:

a) Patty may pursue an action for quasi-delict against CCC before the MeTC of either Marikina or
Makati. Under the Civil Code provisions on Torts, an employer is subsidiarily liable for the
negligent acts of its employees. Here the garden tool was negligently left behind on a street by
CCC which was a negligent act since people could walk and trip over it. Patty may claim for
moral damages for the embarrassment, loss of self- esteem, etc. since moral damages may be
claimed in an action for quasi-delict.

Since the amount claimed is only P100,000 it is the MeTC which has jurisdiction. An action for
quasi-delict is a personal action and thus venue lies with the residence of either the plaintiff
(Marikina) or the defendant (Makati).

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 VII

You are the defense counsel of Angela Bituin who has been charged under RA 3019 ( Anti-
Graft and Corrupt Practices Act ) before the Sandiganbayan. While Angela has posted bail, she has
yet to be arraigned. Angela revealed to you that she has not been investigated for any offense and
that it was only when police officers showed up at her residence with a warrant of arrest that she
learned of the pending case against her. She wonders why she has been charged before the
Sandiganbayan when she is not in government service.

a) What "before-trial" remedy would you invoke in Angela’s behalf to address the fact that
she had not been investigated at all, and how would you avail of this remedy? (4%)

b) What "during-trial" remedy can you use to allow an early evaluation of the prosecution
evidence without the need of presenting defense evidence; when and how can you avail of
this remedy? (4%)
Suggested Answers:
Criminal Procedure: Preliminary Investigation

a) The “before-trial” remedy I would invoke in Angela’s behalf is to file a motion to remand the case
to the investigating prosecutor for preliminary investigation.

The Supreme Court has held that the remedy of an accused if there is absence or lack of
preliminary investigation is not a motion to quash but a motion to remand the case for preliminary
investigation. I will also study the information and file a motion to quash if there is no allegation
that Angela acted as a co-principal, an accomplice, or an accessory to an office-related crime
committed by a public official.

Criminal Procedure: Demurrer to Evidence.

b) The “during-trial” remedy that I can use to allow an early evaluation of the prosecution evidence
without the presentation of defense evidence is a demurrer to evidence on the ground of
insufficiency of evidence. I can avail of this remedy by filing a motion for leave to file demurrer to
evidence within 5 days after the prosecution rests its case and which motion for leave shall
specifically state its grounds.

While I can file the demurrer to evidence without leave of court, such would be risky since if the
demurrer is denied I would be deemed to have waived the presentation of evidence and to
submit the case for judgment based on the prosecution’s evidence alone.

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 VIII

On his way to the PNP Academy in Silang, Cavite on board a public transport bus as a
passenger, Police Inspector Masigasig of the Valenzuela Police witnessed an on-going armed
robbery while the bus was traversing Makati. His alertness and training enabled him to foil the
robbery and to subdue the malefactor. He disarmed the felon and while frisking him, discovered
another handgun tucked in his waist. He seized both handguns and the malefactor was later charged
with the separate crimes of robbery and illegal possession of firearm

a) Where should Police Inspector Masigasig bring the felon for criminal processing? To
Silang, Cavite where he is bound; to Makati where the bus actually was when the felonies
took place; or back to Valenzuela where he is stationed? Which court has jurisdiction over
the criminal cases? (3%)

b) May the charges of robbery and illegal possession of firearm be filed directly by the
investigating prosecutor with the appropriate court without a preliminary investigation?
(4%)
Suggested Answers:
Criminal Procedure: Where action is to be instituted

a) Police Inspector Masigasis should bring the felon to Makati for criminal processing. Under the
Rule on Criminal Procedure specifically Sec. 15, Rule 110, where an offense is committed in a
public vehicle in the course of the trip, the criminal action shall be instituted and tried in the court
of any municipality or territory, where such vehicle passed during its trip, including the place of its
departure and arrival. In case of a warrantless arrest the person arrested shall forthwith be
delivered to the nearest police station or jail. Hence Police Inspector Masigasig should bring the
felon to the nearest police station or jail in Makati for criminal processing. The court which has
jurisdiction over the criminal cases is the court of any place where the vehicle or bus passed
including the place of departure and arrival.

The penalty for armed robbery and illegal possession of firearms exceeds 6 years’ imprisonment
and the bus passed through Makati and arrived in Silang, Cavite. Hence the RTC of either
Makati or Silang would have jurisdiction over the criminal cases.

Criminal Procedure: Inquest Proceedings

b) Yes, the charges of robbery and illegal possession of firearms may be filed directly with the
appropriate court without undergoing a preliminary investigation. Under the Rules of Criminal
Procedure under Sec. 6, Rule 112, in case of a warrantless arrest the information may be filed
by a prosecutor without need of such investigation provided an inquest has been conducted.
Here there was a warrantless arrest since the accused was arrested while committing the crimes
and an Inquest proceeding has been conducted, the charges may be directly filed in court.

IX

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 For over a year, Nenita had been estranged from her husband Walter because of the latter’s
suspicion that she was having an affair with Vladimir, a barangay kagawad who lived in nearby
Mandaluyong. Nenita lived in the meantime with her sister in Makati. One day, the house of Nenita’s
sister inexplicably burned almost to the ground. Nenita and her sister were caught inside the house
but Nenita survived as she fled in time, while her sister tried to save belongings and was caught
inside when the house collapsed.

As she was running away from the burning house, Nenita was surprised to see her husband
also running away from the scene. Dr. Carlos, Walter’s psychiatrist who lived near the burned house
and whom Walter medically consulted after the fire, also saw Walter in the vicinity some minutes
before the fire. Coincidentally, Fr. Platino, the parish priest who regularly hears Walter’s confession
and who heard it after the fire, also encountered him not too far away from the burned house.

Walter was charged with arson and at his trial, the prosecution moved to introduce the
testimonies of Nenita, the doctor and the priest-confessor, who all saw Walter at the vicinity of the
fire at about the time of the fire.

a) May the testimony of Nenita be allowed over the objection of Walter? (3%)

b) May the testimony of Dr. Carlos, Walter’s psychiatrist, be allowed over Walter’s
objection? (3%)

c) May the testimony of Fr. Platino, the priest-confessor, be allowed over Walter’s
objection? (3%)
Suggested Answers:
Rules on Evidence: Marital Disqualification rule

a) Yes, the testimony of Nenita may be allowed over the objection of Walter. Under Sec. 23 of
Rule 130 of the Rules of Evidence, an exception to the marital disqualification rule is in a criminal
case committed by one spouse against the other.

Here the criminal case was for arson committed by Walter against Nenita and her sister. Hence
Nenita’s testimony is admissible over the objection that the same is violative of the marital
disqualification rule. The fact that Nenita has been estranged from her husband Walter for over a
year is of no consequence since Nenita and Walter are still married to each other.

Rules on Evidence: Physician-Patient Privilege

b) Yes, the testimony of Dr. Carlos may be allowed over Walter’s objection. Under Sec 24 (c) of
Rule 130 of the Rules of Evidence, the physician-patient privilege applies only to civil cases.
Here the testimony is being offered in a criminal case for arson. Hence Dr. Carlos’ testimony
may be allowed over Walter’s objection.

Fr. Platino’s testimony that he encountered Walter not too far away from the burned house may
be allowed over Walter’s objection. Under the Rules of Evidence, the priest-penitent privilege
applies only to a confession made to or advice given by the priest in his professional character.
Evidently Fr. Platino was not hearing any confession when he encountered Walter.

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 Fr. Platino however may not testify regarding Walter’s confession over his objection that the
same is covered by the priest-penitent privilege. Under the Rules of Evidence, a
confession made by a penitent to a priest is privileged and may not be testified to by the priest
without the consent of the penitent.

As a new lawyer, Attorney Novato limited his practice to small claims cases, legal counseling
and the notarization of documents. He put up a solo practice law office and was assisted by his wife
who served as his secretary/helper. He used a makeshift hut in a vacant lot near the local courts and
a local transport regulatory agency. With this practice and location, he did not have big-time clients
but enjoyed heavy patronage assisting walk-in clients.

a) What role can Attorney Novato play in small claims cases when lawyers are not allowed to
appear as counsel in these cases? (3%)
b) What legal remedy, if any, may Attorney Novato pursue for a client who loses in a small
claims case and before which tribunal or court may this be pursued? (4%)

Suggested Answers:
Rules of Procedure for Small Claims Cases

a) The role that Attorney Novato can play in a small claims case is to advise a party on the
relevant law and on the evidence, he needs to present to prove his case. He can also after draft
the pleadings or papers for a party or review the pleadings or papers a party will file.

Special Civil Action: Certiorari

b) The remedy that Attorney Novato may pursue for a client who loses in a small claims case is to
file a special civil action for certiorari with the RTC. Under the Rules on Small Claims Cases, the
decision therein is final and unappealable. Under the Rules of Civil Procedure, the special civil
action for certiorari is proper in cases where there is no appeal or any other plain, speedy, or
adequate remedy. Hence Attorney Novato may pursue the remedy of a special civil action for
certiorari if the decision or judgment was rendered with grave abuse of discretion amounting to
lack of or excess of jurisdiction. [A.L. Ang Network, Inc. v Mondejar, 22 January 2014].

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 XI

In a complaint filed by the plaintiff, what is the effect of the defendant’s failure to file an answer
within the reglementary period? (1%)

(A) The court is allowed to render judgment motu proprio in favor of the plaintiff.

(B) The court motu proprio may declare the defendant in default, but only after due notice to the
defendant.

(C) The court may declare the defendant in default but only upon motion of the plaintiff and with
notice to the defendant.

(D) The court may declare the defendant in default but only upon motion of the plaintiff, with
notice to the defendant, and upon presentation of proof of the defendant’s failure to answer.

(E) The above choices are all inaccurate.

Suggested Answers:
Civil Procedure: Declaration of default; effect of Failure to plead

a) (D), Under Section 3 of Rule 9, if the defending party fails to answer within the time allowed, the
court shall, upon motion of the claiming party with notice to the defending party, and proof of
such failure, declare the defending party in default (Narciso vs. Garcia, G.R. No. 196877,
November 21, 2012, Abad J.).

b) (E), D may not be the correct answer because the Rule provides that if the defending party fails
to answer within the time allowed therefor, the court shall, upon motion of the claiming party with
notice to the defending party, and proof of such failure, declare the defending party in default.
Notably, the Rule uses the word “shall and not may.”

XII

Which of the following is admissible? (1%)

(A) The affidavit of an affiant stating that he witnessed the execution of a deed of sale but
the affiant was not presented as a witness in the trial.

(B) The extra judicial admission made by a conspirator against his co-conspirator after the
conspiracy has ended.

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 (C) The testimony of a party’s witness regarding email messages the witness received
from the opposing party.

(D) The testimony of a police officer that he had been told by his informants that there
were sachets of shabu in the pocket of the defendant.

(E) None of the above.

Suggested Answers:
Rules on Evidence: Rules on Admission; Rule on Electronic Evidence; Doctrine of Independent
Relevant Statement

a) (C), (D), or (E)

(C), The E-mail messages are considered electronic data message or electronic document under
the Rules on Electronic Evidence and therefore admissible as evidence. The terms “electronic
data message” and “electronic document” are defined in the Rules on Electronic Evidence. Thus:

(g) “Electronic data message” refers to information generated, sent, received or stored
by electronic, optical or similar means.

(h) “Electronic document” refers to information or the representation of information,

data, figures, symbols or other modes of written expression, described or however
represented, by which a right is established or an obligation extinguished, or by which a
fact may be proved and affirmed, which is received, recorded, transmitted, stored,
processed, retrieved or produced electronically. It includes digitally signed documents
and any printout or output, readable by sight or other means, which accurately reflects
the electronic data message or electronic document. For purposes of these Rules, the
term “electronic document” may be used interchangeably with “electronic data
message” (Section 1, (g), (h) Rule 2, AM No. 01-7-01-SC, Rules on Electronic
Evidence).

In MCC Industrial Sales Corporation vs. Ssangyong Corporation, G.R. No. 170633, the
Supreme Court held that R.A. No. 8792, otherwise known as the Electronic Commerce
Act of 2000, considers an electronic data message or an electronic document as
functional equivalent of a written document for evidentiary purposes. The Rules on
Electronic Evidence regards an electronic document as admissible in evidence if it
complies with the rules on admissibility prescribed by the Rules of Court and related
laws, and is authenticated in the manner prescribed by the said Rules. An electronic
document is also the equivalent of an original document under the Best Evidence Rule,
if it is a printout or output readable by sight or other means, shown to reflect the data
accurately.

(D), If the testimony is being offered for the purpose of establishing that such statements were
made, then the testimony is admissible as independent relevant statement.

The Doctrine on independent relevant statement holds that conversations communicated to a

witness by a third person may be admitted as proof, regardless of their truth or falsity, that they
were actually made (Republic vs. Heirs of Alejaga Sr., G.R. No. 146030, December 3, 2002).
The doctrine of independently relevant statements is an exception to hearsay rule. It refers to the
fact that such statements were made is relevant, and the truth or falsity thereof is immaterial.
The hearsay rule does not apply: hence, the statements are admissible as evidence. Evidence
as to the making of such statement is not secondary but primary, for the statement itself may

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 constitute a fact in issue or be circumstantially relevant as to the existence of such a fact. The
witness who testifies thereto is competent because he heard the same, as this is a matter of fact
derived from his own perception, and the purpose is to prove either that the statement was made
or the tenor thereof (People vs. Malibiran, G.R. No. 178301, April 24, 2009, AustriMartinez, J.).

(E), The problem does not clearly provide the purposes for which the evidence under (C) and (D)
are being offered.

Moreover, all of the choices above cannot be admitted to prove the truth of the contents thereof
for the reason that the evidence is not competent. For letter (A), the affiant is not presented, and
hence hearsay. Letter (B), the admission was made after the termination of the conspiracy and
extrajudicial, hence there is no application of the Res Inter Alios Acta rule. Letter (C) is also not
allowed as under the Electronic Evidence Rule, the output readable by sight is the best evidence
to prove the contents thereof. Letter (D) is hearsay since the affiant does not have personal
knowledge.

XIII

Leave of court is required to amend a complaint or information before arraignment if the

amendment __________. (1%)

(A) upgrades the nature of the offense from a lower to a higher offense and excludes any of
the accused

(B) upgrades the nature of the offense from a lower to a higher offense and adds another
accused

(C) downgrades the nature of the offense from a higher to a lower offense or excludes any
accused

(D) downgrades the nature of the offense from a higher to a lower offense and adds another
accused

(E) All the above choices are inaccurate.

Suggested Answers:

a) (C), Under Section 14 of Rule 110 of the Rules of Criminal Procedure, any amendment before
plea, which downgrades the nature of the offense charged in or excludes any accused from the
complaint or information, can be made only upon motion by the prosecutor, with notice to the
offended party and with the leave of court.

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 XIV

A Small Claims Court __________. (1%)

(A) has jurisdiction over ejectment actions

(B) has limited jurisdiction over ejectment actions

(C) does not have any jurisdiction over ejectment actions

(D) does not have original, but has concurrent, jurisdiction over ejectment actions

(E) has only residual jurisdiction over ejectment actions

Suggested Answers:
Rules of Procedure on Small Claims Cases

a) (C), Under Section 4 of A.M. No. 8-8-7- SC, Rules of Procedure of Small Claims, Small claims
court shall have jurisdiction over all actions which are:

(a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for
payment or reimbursement of sum of money, an

(b) the civil aspect of criminal actions, either filed before the institution of the criminal action,
or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the
Revised Rules of Criminal Procedure.

15
 It does not include ejectment actions. Moreover, the action allowed under the Rules on Small
claims refers only to money under a lease contract. It does not necessarily refer to an ejectment
suit.

At any rate, Section 33 of Batas Pambansa Blg 129, as amended by Section 3 of R.A. 7691, as
well as Section 1, Rule 70 of the Rules of Court, clearly provides that forcible entry and unlawful
detainer cases fall within the exclusive jurisdiction of the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts (Estel vs. Recaredo Diego, Sr. And Recaredo
Diego, Jr., G.R. No. 174082, January 16, 2012, Peralta, J.).

XV

Character evidence is admissible __________. (1%)

(A) in criminal cases – the accused may prove his good moral character if pertinent to the
moral trait involved in the offense charged

(B) in criminal cases – the prosecution may prove the bad moral character of the accused
to prove his criminal predisposition

(C) in criminal cases under certain situations, but not to prove the bad moral character of
the offended party

(D) when it is evidence of the good character of a witness even prior to his impeachment
as witness

(E) In none of the given situations above.

Suggested Answers:
Rules on Evidence: Character Evidence

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a) (A), Under Section 51, Rule 130 of the Rules of Court, the accused may prove his good moral
character which is pertinent to the moral trait involved in the offense charged. (Section 51 (a) (1)
Rule 130, Rules on Evidence).

XVI

When the court renders judgment in a judicial foreclosure proceeding, when is the mortgaged
property sold at public auction to satisfy the judgment? (1%)

(A) After the decision has become final and executory.

(B) At any time after the failure of the defendant to pay the judgment amount.

(C) After the failure of the defendant to pay the judgment amount within the period fixed in the
decision, which shall not be less than ninety (90) nor more than one hundred twenty (120)
days from entry of judgment.

(D) The mortgaged property is never sold at public auction.

(E) The mortgaged property may be sold but not in any of the situations outlined above.

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Suggested Answers:

Civil Procedure: Special Civil Action; Foreclosure of Real Estate Mortgage

a) (C), Under Section 2 of Rule 68, if upon the trial in such action the court shall find the facts set
forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the
mortgage debt or obligation, including interest and other charges as approved by the court, and
costs, and shall render judgment for the sum so found due and order that the same be paid to
the court or to the judgment oblige within a period of not less than ninety (90) days nor more than
one hundred twenty (120) days from the entry of judgment, and that in default of such payment
the property shall be sold at public auction to satisfy the judgment.

XVII

The signature of counsel in the pleading constitutes a certification that __________. (1%)

(A) both client and counsel have read the pleading, that to the best of their knowledge,
information and belief there are good grounds to support it, and that it is not
interposed for delay

(B) the client has read the pleading, that to the best of the client’s knowledge, information
and belief, there are good grounds to support it, and that it is not interposed for delay

(C) the counsel has read the pleading, that to the best of the client’s knowledge,
information and belief, there are good grounds to support it, and that it is not
interposed for delay

(D) the counsel has read the pleading, that based on his personal information, there are
good grounds to support it, and that it is not interposed for delay

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 (E) The above choices are not totally accurate.
Suggested Answers:

Rules on Civil Procedure: Parts and Contents of a Pleading; Signature of counsel

a) (E), Section 3 of Rule 7 provides that the signature of counsel constitutes a certificate by him
that he has read the pleadings; that to the best of his or her knowledge, information, and belief
there is good ground to support it; and that it is not interposed for delay.

XVIII

Which among the following is a requisite before an accused may be discharged to become a
state witness? (1%)

(A) The testimony of the accused sought to be discharged can be substantially corroborated
on all points.

(B) The accused does not appear to be guilty.

(C) There is absolute necessity for the testimony of the accused whose discharge is
requested.

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 (D) The accused has not at any time been convicted of any offense.

(E) None of the above.

Suggested Answers:

Criminal Procedure: Discharge of accused to be state witness

a) (C), Under Section 17 of Rule 119 of the Rules of Criminal Procedure, when two or more
persons are jointly charged with the commission of any offense, upon motion of the prosecution
before resting its case, the court may direct one or more of the accused to be discharged with
their consent so that they may be witnesses for the state when after requiring the prosecution to
present evidence and the sworn statement of each proposed state witness at a hearing in
support of the discharge, the court is satisfied that:

(a) There is absolute necessity for the testimony of the accused whose discharge is
required;

(b) There is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused;

(c) The testimony of said accused can be substantially corroborated in its material points;

(d) Said accused does not appear to be the most guilty; and

(e) Said accused has not at any time been convicted of any offense involving moral
turpitude.

Evidence adduced in support of the discharge shall automatically form part of the trial. If the
court denies the motion for discharge of the accused as state witness, his sworn statement shall
be inadmissible in evidence (People vs. Feliciano Anabe Y Capillan, G.R> No. 179033,
September 6, 2010, CarpioMorales, J.)

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 XIX

Which of the following distinguishes a motion to quash from a demurrer to evidence? (1%)

(A) A motion to quash a complaint or information is fi led before the prosecution rests its
case.

(B) A motion to quash may be fi led with or without leave of court, at the discretion of the
accused.

(C) When a motion to quash is granted, a dismissal of the case will not necessarily follow.

(D) The grounds for a motion to quash are also grounds for a demurrer to evidence.

(E) The above choices are all wrong.

Suggested Answers:
Rules on Criminal Procedure: Motion to quash; demurrer to evidence

a) (C), Under Section 4 of Rule 117, if the motion to quash is based on an alleged defect of the
complaint or information which can be cured by amendment, the court shall order that an
amendment be made. If it is based on the ground that the facts charged do not constitute an
offense, the prosecution shall be given by the court an opportunity to correct the defect by
amendment. The motion shall be granted if the prosecution fails to make the amendment, or the
complaint or information still suffers from the same defect despite the amendment.

Section 5 of Rule 117 also provides that if the motion to quash is sustained, the court may order
that another complaint or information be filed except as provided in section 6 of this rule. If the
order is made, the accused, if in custody, shall not be discharged unless admitted to bail. If no
order is made nor if having been made, no new information is filed within the time specified in the
order or within such further time as the court may allow for good cause, the accused, if in
custody, shall be discharged unless he is also in custody for another charge.

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 XX

Which among the following is not subject to mediation for judicial dispute resolution? (1%)

(A) The civil aspect of B.P. Blg. 22 cases.

(B) The civil aspect of theft penalized under Article 308 of the Revised Penal Code.

(C) The civil aspect of robbery.

(D) Cases cognizable by the Lupong Tagapamayapa under the Katarungang

Pambarangay Law.

(E) None of the above.

Suggested Answers:

Civil Procedure: Judicial Dispute Resolution

a) (B) and (C), Under the 2020 Guidelines for the Conduct of the Court Annexed Mediation (CAM)
and Judicial Dispute Resolution (JDR) in Civil Cases (A.M. No. 19-10-20-SC), the following
cases shall not be referred to Cam and JDR:

a. Civil cases which cannot be the subject of a compromise, to wit;

(1) The civil status of persons;

(2) The validity of a marriage or a legal separation;

(3) Any ground for legal separation;

(4) Future support;

(5) The jurisdiction of courts; and

(6) Future legitime.

b. Habeas Corpus petitions;

c. Special proceedings cases for probate of a will; and

d. Cases with pending applications for restraining orders or preliminary injunctions.

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 XXI

What is the effect of the pendency of a special civil action under Rule65 of the Rules of Court
on the principal case before the lower court? (1%)

(A) It always interrupts the course of the principal case.

(B) It interrupts the course of the principal case only if the higher court issues a temporary
restraining order or a writ of preliminary injunction against the lower court.

(C) The lower court judge is given the discretion to continue with the principal case.

(D) The lower court judge will continue with the principal case if he believes that the special
civil action was meant to delay proceedings.

(E) Due respect to the higher court demands that the lower court judge temporarily suspend
the principal case.
Suggested Answers:

Rules on Civil Procedure: Special Civil Action; Certiorari

a) (B), Under Section 7 of Rule 65, the court in which the petition is filed may issue orders
expediting the proceedings, and it may also grant a temporary restraining order or a writ of
preliminary injunction for the preservation of the rights of the parties pending such proceedings.
The petition shall not interrupt the course of the principal case unless a temporary restraining
order or a writ of preliminary injunction has been issued against the public respondent from
further proceeding in the case (A.M. No. 07-7-12-SC, December 12, 2007; Churchille B. Mari &
People of the Phils. Vs. Hon. Rolando A. Gonzales & PO1 Rudyard Paloma, G.R. No. 187728,
September 12, 2011, Peralta, J.).

23
 XXII

Findings of fact are generally not disturbed by the appellate court except in cases
__________. (1%)

(A) where the issue is the credibility of the witness

(B) where the judge who heard the case is not the same judge who penned the decision

(C) where the judge heard several witnesses, who gave conflicting testimonies

(D) where there are substantially overlooked facts and circumstances that, if properly
considered, might affect the result of the case

(E) None of the above.

Suggested Answers:
Civil Procedure: Appeal

a) (D), In Miranda vs. People, G.R. No. 176298, January 25, 2012, the Supreme Court explained
that absent any showing that the lower courts overlooked substantial facts and circumstances,
which if considered, would change the result of the case, the Court should give deference to the
trial courts appreciation of the facts and of the credibility of witness.

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 XXIII

Contempt charges made before persons, entities, bodies and agencies exercising quasi-
judicial functions against the parties charged, shall be filed with the Regional Trial Court of the place
where the __________. (1%)

(A) person, entity or agency exercising quasi-judicial function is located

(B) person who committed the contemptuous act resides

(C) act of contempt was committed

(D) party initiating the contempt proceeding resides

(E) charging entity or agency elects to initiate the action

Suggested Answers:
Civil Procedure: Special Civil action; Contempt

a) (C), Under Section 12 of Rule 71, unless otherwise provided by law, this Rule shall apply to
contempt committed against persons, entities, bodies or agencies exercising quasi-judicial
functions, or shall have suppletory effect to such rules as they may have adopted pursuant to
authority granted to them by law to punish for contempt. The Regional Trial Court of the place
wherein the contempt has been committed shall have jurisdiction over such charges as may be
filed therefor.

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 XXIV

When may a party file a second motion for reconsideration of a final judgment or final order?
(1%)

(A) At anytime within 15 days from notice of denial of the first motion for reconsideration.

(B) Only in the presence of extraordinarily persuasive reasons and only after obtaining
express leave from the ruling court.

(C) A party is not allowed to fi le a second motion for reconsideration of a final judgment or
final order.

(D) A party is allowed as a matter of right to fi le a second motion for reconsideration of a

judgment or final order.

(E) None of the above.

Suggested Answers:

26
Civil Procedure: Motion for Reconsideration

a) B), A second motion for reconsideration is allowed but only when there are extraordinary
persuasive reasons and only after an express leave shall have been obtained (Suarez vs. Judge
Dilag, A.M. No. RTJ-06-2014, August 16, 2011; League of Cities vs. COMELEC, G.R. No.
176951, June 28, 2011).

XXV

In an original action for certiorari, prohibition, mandamus, or quo warranto , when does the
Court of Appeals acquire jurisdiction over the person of the respondent? (1%)

(A) Upon the service on the respondent of the petition for certiorari, prohibition, mandamus or
quo warranto, and his voluntary submission to the jurisdiction of the Court of Appeals.

(B) Upon service on the respondent of the summons from the Court of Appeals.

(C) Upon the service on the respondent of the order or resolution of the Court of Appeals
indicating its initial action on the petition.

(D) By respondent’s voluntary submission to the jurisdiction of the Court of Appeals.

(E) Under any of the above modes.

Suggested Answers:

27
Civil Procedure: Original Cases in the Court of Appeals

a) (C) and (D), Under Section 4, Rule 46 of the Revised Rules of Civil Procedure, the court shall
acquire jurisdiction over the person of the respondent by the service on him of its order or
resolution indicating its initial action on the petition or by his voluntary submission to such
jurisdiction. (n)

XVI

Extra-territorial service of summons is proper in the following instances, except __________.

(1%)

(A) when the non-resident defendant is to be excluded from any interest on a property located
in the Philippines

(B) when the action against the non-resident defendant affects the personal status of the
plaintiff and the defendant is temporarily outside the Philippines

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 (C) when the action is against a non-resident defendant who is formerly a Philippine resident
and the action affects the personal status of the plaintiff

(D) when the action against the non-resident defendant relates to property within the
Philippines in which the defendant has a claim or lien

(E) All of the above.

Suggested Answers:

a) There is no correct answer. Under Section 17 of Rule 14 of the Rules of Court, extraterritorial
service of summons is applicable, when the defendant does not reside and is not found in the
Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject
of which is, property within the Philippines, in which the defendant has or claims a lien or
interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the property of the defendant has been in
the Philippines. In Spouses Domingo M. Belen vs. Hon. Pablo R. Chavez, G.R. No.175334,
march 26, 2008, the Supreme Court held that if the resident defendant is temporarily out of the
country, any of the following modes of service may be resorted to:

1. Substituted service set forth in Section 8;

2. personal service outside the country, with leave of court;

3. service by publication, also with leave of court; or

4. any other manner the court may deem sufficient. Hence, extra-territorial service of
summons is applicable to all choices given above.

Alternate Answer:

Civil Procedure: Extraterritorial service of summons

b) (B), Under Section 15, Rule 14 of the Rules of Civil Procedure, when any action is commenced
against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected out of Philippines, as under the preceding
section (Section 14, Rule 14). Clearly, a non-resident defendant cannot be considered
temporarily outside the Philippines because Section 14, Rule 14 refers to a resident defendant
who is only temporarily outside the Philippines.

XXVII

29
 When is attachment improper in criminal cases? (1%)

(A) When the accused is about to abscond from the Philippines.

(B) When the criminal action is based on a claim for money or property embezzled or
fraudulently misapplied or converted to the use of the accused who is a broker, in the
course of his employment as such.

(C) When the accused is about to conceal, remove, or dispose of his property.

(D) When the accused resides outside the jurisdiction of the trial court.

Suggested Answers:

Criminal Procedure: Provisional Remedies; Attachment

c) (D), Under Section 2 of Rule 127, when the civil action is properly instituted in the criminal
action as provided in Rule 111, the offended party may have the property of the accused
attached as security for the satisfaction of any judgment that may be recovered from the accused
in the following cases:

(a) When the accused is about to abscond from the Philippines;

(b) When the criminal action is based on a claim for money or property embezzled or
fraudulently misapplied or converted to the use of the accused who is a public officer, officer
of a corporation, attorney, factor, broker, agent, or clerk, in the course of his employment as
such, or by any other person in a fiduciary capacity, or for a wilful violation of duty;

(c) When the accused has concealed, removed, or disposed of his property, or is about to do
so; and (d) When the accused resides outside the Philippines.

XXVIII

30
 Maria was accused of libel. While Maria was on the witness stand, the prosecution asked her
to write her name and to sign on a piece of paper, apparently to prove that she authored the libelous
material. Maria objected as writing and signing her name would violate her right against self-
incrimination. Was Maria’s objection proper? (1%)

(A) No, she can be cross examined just like any other witness and her sample signature may
be taken to verify her alleged authorship of the libelous statements.

(B) No, her right against self-incrimination is waived as soon as she became a witness.

(C) No, this privilege may be invoked only by an ordinary witness and not by the accused
when she opts to take the witness stand.

(D) The objection was improper under all of A, B, and C.

(E) The objection was proper as the right to self-incrimination is a fundamental right that
affects liberty and is not waived simply because the accused is on the witness stand.

Suggested Answers:

Rules on Evidence: Presentation of Witness

a) (E), Section 17, Article III of the 1987 Constitution provides that no person shall be compelled to
be a witness against himself. The essence of the right against self-incrimination is testimonial
compulsion, that is, the giving of evidence against himself through a testimonial act (People vs.
Casinillo, 213 SCRA 777 [1992]). In Beltran vs. Samson, G.R. No. 32025, September 23, 1929,
the Supreme Court held that for the purposes of the constitutional privilege there similarity
between on who is compelled to produce a document and one who is compelled to furnish a
specimen of his handwriting, for in both cases, the witness is required to furnish evidence
against himself. In this case, the purpose of the fiscal, who requested the handwriting of the
witness, was to compare and determine whether the accused wrote the documents believed to
be falsified. Thus, the right against self-incrimination may be invoked by a witness who was
compelled to furnish his handwriting for comparison. In Gonzales vs. Secretary of Labor, the
Supreme Court held that the privilege against self-incrimination must be invoked at the proper
time, and the proper time to invoke it is when a question calling for an incriminating answer is
propounded. This has to be so, because before a question is asked there would be no way of
telling whether the information to be elicited from the witness is self-incriminating or not. As
stated in Jones on Evidence (Vol. 6, pp. 4926-4927), a person who has been summoned to
testify “cannot decline to appear, nor can he decline to be sworn as a witness” and “no claim of
privilege can be made until a question calling for a criminating answer is asked; at that time, and
generally speaking, at that time only, the claim of privilege may properly be imposed‟ (Bagadiong
vs. Gonzales, G.R. No. L-25966, December 28, 1979, De Castro, J.).

Alternate Answer:

(B), The right against self-incrimination may be waived expressly or impliedly. Thus, when Maria took
the witness stand, she is deemed to have waived her right against self-incrimination.

31
 XXIX

Danny filed a complaint for damages against Peter. In the course of the trial, Peter introduced
evidence on a matter not raised in the pleadings. Danny promptly objected on the ground that the
evidence relates to a matter not in issue. How should the court rule on the objection? (1%)

(A) The court must sustain the objection.

(B) The court must overrule the objection.

(C) The court, in its discretion, may allow amendment of the pleading if doing so would serve
the ends of substantial justice.

(D) The court, in its discretion, may order that the allegation in the pleadings which do not
conform to the evidence presented be stricken out.

(E) The matter is subject to the complete discretion of the court.

Suggested Answers:

Civil Procedure:

Civil Procedure: Amendments

b) (C), (B), or (A),

Under Section 5 of Rule 10 of the Rules of Civil Procedure, when issues not raised by the
pleadings are tried with the express or implied consent of the parties they shall be treated in all
respects as if they had been raised in the pleadings. Such amendment of the pleadings as may
be necessary to cause them to conform to the evidence and to raise these issues may be made
upon motion of any party at any time, even after judgment; but failure to amend does not effect
the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is
not within the issues made by the pleadings, the court may allow the pleadings to be amended
and shall do so with liberality if the presentation of the merits of the action and the ends of
substantial justice will be served thereby. The court may grant a continuance to enable the
amendment to be made. The Court may sustain the objection because the evidence introduced
by Danny is immaterial, being a matter, which was not raised as an issue in the pleading.

On the other hand, the Court also overrule the objection and allow an amendment of the
pleading if doing so would serve the ends of justice.

32
 XXX

The Labor Arbiter, ruling on a purely legal question, ordered a worker’s reinstatement and this
ruling was affirmed on appeal by the NLRC whose decision, under the Labor Code, is final. The
company’s recourse under the circumstances is to __________. (1%)

(A) file a motion for reconsideration and if denied, file a petition for review with the Court of
Appeals on the pure legal question the case presents.

(B) file a motion for reconsideration and if denied, appeal to the Secretary of Labor since a
labor policy issue is involved.

(C) file a motion for reconsideration and if denied, file a petition for certiorari with the Court of
Appeals on the ground of grave abuse of discretion by the NLRC.

(D) file a motion for reconsideration and if denied, file a petition for review on certiorari with the
Supreme Court since a pure question of law is involved.

(E) directly file a petition for certiorari with the Court of Appeals since a motion for
reconsideration would serve no purpose when a pure question of law is involved.

Suggested Answers:

Civil Procedure: Special Civil Action - Certiorari

a) (C), In Nemia Castro vs. Rosalyn and Jamir Guevarra, G.R. No. 192737, April 25, 2012, the
Supreme Court held that a motion for reconsideration is a condition precedent for the filing of a
petition for certiorari. Its purpose is to grant an opportunity for the court to correct any actual or
perceived error attributed to it by the re-examination of the legal and factual circumstances of the
case. In Saint Martin Funeral Homes vs. NLRC, G.R. No. 130866, September 16, 1998, the
Supreme Court ruled that the petitions for certiorari under Rule 65 against decisions of final order
of the NLRC should be initially filed in the Court of Appeals in strict observance of the doctrine on
the hierarchy of courts as the appropriate forum for the relief desired.

b) ALTERNATIVE ANSWER:

(E), In Beatriz Siok Ping Tang vs. Subic bay Distribution, G.R. No. 162575, December 15, 2010,
the Supreme Court held that a motion for reconsideration is a condition sine qua non for the filing
of am petition for certiorari. The rule is, however, circumscribed by well-defined exceptions, such
as

(a) where the order is a patent nullity, as where the court a quo had no jurisdiction;

33
 (b) where the questions raised in the certiorari proceeding have been duly raised and
passed upon in the lower court;

(c) where there is an urgent necessity for the resolution of the question and any further
delay would prejudice the interests of the Government or of the petitioner or the subject
matter of the action is perishable; (d) where, under the circumstances, a motion for
reconsideration would be useless;

(d) where petitioner was deprived of due process and there is extreme urgency for relief;

(e) where, in a criminal case, relief from an order of arrest is urgent and the granting of such
relief by the trial court is improbable;

(f) where the proceedings in the lower court are a nullity for lack of due process;

(g) where the proceedings were ex parte, or in which the petitioner had opportunity to
object; and

(h) where the issue raised is one purely of law or where public interest is involved.

34