2022 BAR EXAMINATIONS

REMEDIAL LAW I

November 20, 2022 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS

This is a 4-hour examination consisting of 15 items, each worth 5 points. If the item
contains sub-questions, please mark your answer separately with “(a)” followed by the
corresponding answer, then “(b)” followed by the answer.

Read each question carefully.Do not assume facts that are not provided in the question.

Answer the questions clearly and concisely.Your answer should demonstrate your ability
to analyze the facts, identify issues, apply the law and jurisprudence, and arrive at a sound
and logical conclusion. A mere “Yes” or “No” answer, or a mere legal conclusion without an
explanation will not be given full credit.

Allocate your time efficiently. The items are in random sequence. You may skip items and
move to items that you may find easier to answer. Use the 'Flag' feature so that you can
return to the unanswered items.

Do not write your name, distinguishing marks, or extraneous words or phrases in any
of your answers. This may be considered cheating and may disqualify you from the entire
Bar Examinations.

Do not type your final answer in the notes box, which is an optional tool.Any text written
in the notes box will not be included in your final answer

Technical issues during the exam are rare, but if you experience one, do not panic. Do
not attempt to submit your exam answers. Call the attention of your proctor for
assistance.

8. If you need to step out of the room, use the Hide Screen feature to prevent anyone else from
seeing your answers.

You have until 12:00 nn. to finish the exam.Make sure you have completed and reviewed
your answers before then. When submitting, the system will ask you one more time to
confirm if you are ready to submit your answer file, to give you another opportunity to review
your answers.

10. Once done, show your proctor the green screen confirming your submission. If the
green screen does not appear, check with your proctor before leaving the room.

(Sgd.) ALFREDO BENJAMIN S. CAGUIOA

Associate Justice and
2022 Bar Examinations Chairperson

1. Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real
estate mortgage (REM) over his lot located in Quezon City with an assessed value of Php
 500,000.00. Lebron failed to pay despite written demands. The bank intends to file an action
for judicial foreclosure of the REM.

Where should the action for judicial foreclosure of the REM be filed and in which
court? Explain briefly. (5 points)

The action should be filed in the RTC of Quezon City because it is a real action within the
jurisdictional amount of the said court and the property is situated in the said place.

Under the Revised Rules of Civil Procedures, a real action is an action affecting title,
possession and interest over a real property. In real actions, jurisdiction is based on the
assessed value of the realty. A realty with assessed value exceeding 400 hundred thousand
pesos is cognizable by the RTC. Also, real actions are to be heard in the place where the
property or nay portion thereof is located.

In this case, the judicial foreclosure of Lebron’s real estate is a real action because it
necessarily involves a right affecting title, possession, or interest of such real estate. As the
property is with an assessed value of 500 thousand pesos and is in Quezon City, the case
should be filed in the RTC of Quezon City.

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the
lobby of Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to
serve the summons because Kobe left the hotel for an emergency. Hours later, the sheriff
asked the front desk about Kobe’s whereabouts and his room number. The hotel refused to
disclose on grounds of confidentiality. The sheriff tried again the next day, but Kobe was in a
conference until midnight. So, the following day, the sheriff left the summons and a copy of
the complaint with MH's chief security officer (CSO), even as the CSO refused because
Kobe had already checked out by then. The sheriff thereafter filed his return, stating the
dates, times and places of his attempts, the name of the CSO, and the fact that the
complaint was served with the summons. When Kobe did not file an Answer, Asya, Inc.
moved to declare him in default.

Was there a valid substituted service of summons? Explain briefly. (5 points)

No.

The substituted service of summons is invalid because there was no compliance with
personal service before resorting to substituted service.

The Revised Rules of Civil Procedures provide that substituted service of summons may
only be resorted to after unsuccessful personal service of 3 attempts on 2 different dates.

It also provides that substituted service of summons may be served in the residence of the
defendant, to any person residing therein, of 18 years of age and with sufficient discretion; to
the regular place of business of the defendant, to some competent person in charge thereof,
which includes but not limited to someone who customarily receives correspondence; and to
the officers of the homeowner’s association or the chief security officer of the condominium
or building where the defendant may be found.

Here, the sheriff only made two attempts of personal service on two different dates. The
 place where the substituted service of summons is not valid neither was the CSO a valid
substitute to receive summons on behalf of Kobe.

As such, the substituted service of summons is invalid.

3. TTen days after service of summons, defendant Kay filed a motion to dismiss the complaint
for collection of sum of money against her on the ground of improper service of summons,
on the basis of which the court did not acquire jurisdiction over her person.

If you were the judge, how would you rule? Explain briefly. (5 points)

As a judge, I will deny the motion to dismiss because lack of jurisdiction over the person of
the defendant is no longer a ground for a motion to dismiss but to be raised as an affirmative
defense in the Answer.

The rules also state that when the defendant filed a motion to dismiss and one of the
grounds invoked is the non-acquisition of jurisdiction over his person, such shall be deemed
a voluntary appearance, which will necessarily result to the court acquiring jurisdiction over
his person.

Here, Kay’s filing of the motion to dismiss is no longer sanctioned under the present rules
and her filing of the motion amounts to her voluntary appearance in court.

Therefore, the motion to dismiss shall be denied.

4. [This item has two questions.] Attorney Woo, the newly-hired lawyer of a law firm, booked
Samurai Express, a duly accredited courier service within the National Capital Judicial
Region, to serve a copy of a motion for reconsideration to Attorney Han, counsel for the
adverse party, whose office is in the City of Manila. Attorney Han moved to deny the motion
for failure to contain a written explanation as to why the motion was not served personally.

(a) Was the motion for reconsideration properly served? Explain briefly.

(b) What shall be considered as proof of service of this motion? Explain briefly.
(5 points)

5. Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage,
alleging as ground therefor Jewel’s psychological incapacity under Article 36 of the Family
Code. The court denied the petition for insufficiency of the evidence presented at the trial.
Much later, Jimuel again filed a petition against Jewel for the declaration of nullity of their
marriage. This time, the basis 4 of 6 of Jimuel’s petition was the absence of a marriage
license at the time their marriage was celebrated. Upon Jewel's motion, the court dismissed
the petition on the ground of res judicata by virtue of the judgment in the first suit.

Was the denial of the petition on the ground of res judicata proper? Explain briefly. (5
points)

Yes, the dismissal of the petition on the ground of res judicata is correct because there was
 a splitting of a single cause of action.

In a case of similar facts, the Supreme Court held that filing several petitions for declaration
of nullity of marriage, even if based on different grounds, amounts to splitting a cause of
action. This is because the cause of action or ultimate objective of the petitioner remains to
be the same – to nullify the marriage.

In the same case, the Supreme Court also reiterated the rule on bar by prior judgment
whereby a final order or judgment bars not only the matters directly adjudged therein but
also to any other admissible matter that could have been raised in relation thereto.

Here, Jimuel split up his cause of action when he filed two petitions for nullity of marriage on
different grounds. The alleged absence of marriage license is a defense that he could have
set up and offered on the very first petition.

As such, the piecemeal presentation of evidence amounts to splitting a cause of action and
is barred by res judicata.

6. Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It
conducts kitchen operations in a refurbished house located in Palanan, a residential
neighborhood. Rona, a resident of Palanan, filed an action against Isol, Inc. to enjoin the
operations of its kitchen on the ground that it emits intolerable odors and violates laws on
waste disposal. In the same action, Rona also seeks to have Isol, Inc.’s business permit
revoked because an industrial facility is not allowed by law to be located in a residential
neighborhood and Isol, Inc. failed to comply with sanitary inspection and other procedural
and health requirements. In the complaint Rona filed, she likewise prayed for the issuance of
a writ of preliminary injunction (WPI) to stop the kitchen operations during the pendency of
the case. Isol, Inc., in its verified answer, strongly opposed the prayer for WPI considering
the huge financial disaster that it will suffer if the writ were to be issued, especially in light of
the possibility that the suit could continue to be pending for more than a year.

Based on the foregoing, may the WPI prayed for already be issued? Explain briefly. (5
points)

7. Is a prior determination of the status as a legal heir in a separate special proceeding a

prerequisite to an ordinary civil action seeking the protection and enforcement of
ownership rights of such legal heir vested by the law of succession? Explain briefly.
(5 points)

8. Namjoon, a Korean national, and Regine, a Filipina, were married in Makati City on February
14, 2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by
mutual agreement in South Korea. The local court in Korea granted the divorce. Wanting to
marry her new boyfriend Taehyung, Regine filed a petition for recognition of the foreign
decree of divorce in the Regional Trial Court (RTC) of Cebu where she resides.

The Office of the Solicitor General (OSG) opposed the petition contending that the proper
remedy is a special proceeding for cancellation or correction of entries in the civil registry
under Rule 108 of the Rules of Court, which can only be filed in the RTC of Makati where the
 marriage was celebrated and recorded in the Civil Registry of Makati.

Is the OSG’s contention tenable? Explain briefly. (5 points)

Republic vs. Olaybar (G.R. No. 189538, February 10, 2014) - Rule 108 cannot be used to
declare a marriage void because declaration of nullity of marriage can only be done directly.

Minoru Fujiki v. Maria Paz Galela Marinay - Rule 108 applies to The Rule on Declaration of
Absolute Nullity of Void Marriages and Annulment of Voidable Marriages.

The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages (A.M. No. 02-11-10-SC) does not apply in a petition to recognize a foreign
judgment relating to the status of a marriage where one of the parties is a citizen of a foreign
country. Moreover, in Juliano-Llave v. Republic,47 this Court held that the rule in A.M. No.
02-11-10-SC that only the husband or wife can file a declaration of nullity or annulment of
marriage "does not apply if the reason behind the petition is bigamy."

For Philippine courts to recognize a foreign judgment relating to the status of a marriage
where one of the parties is a citizen of a foreign country, the petitioner only needs to prove
the foreign judgment as a fact under the Rules of Court. To be more specific, a copy of the
foreign judgment may be admitted in evidence and proven as a fact under Rule 132,
Sections 24 and 25, in relation to Rule 39, Section 48(b) of the Rules of Court . Petitioner
may prove the Japanese Family Court judgment through (1) an official publication or (2) a
certification or copy attested by the officer who has custody of the judgment. If the office
which has custody is in a foreign country such as Japan, the certification may be made by
the proper diplomatic or consular officer of the Philippine foreign service in Japan and
authenticated by the seal of office

To hold that A.M. No. 02-11-10-SC applies to a petition for recognition of foreign judgment
would mean that the trial court and the parties should follow its provisions, including the form
and contents of the petition, the service of summons, the investigation of the public
prosecutor, the setting of pre-trial, the trial and the judgment of the trial court. This is absurd
because it will litigate the case anew. It will defeat the purpose of recognizing foreign
judgments, which is "to limit repetitive litigation on claims and issues. "The interpretation of
the RTC is tantamount to relitigating the case on the merits. In Mijares v. Rañada, this Court
explained that "[i]f every judgment of a foreign court were reviewable on the merits, the
plaintiff would be forced back on his/her original cause of action, rendering immaterial the
previously concluded litigation."

9. Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land
it owns. After the summary proceedings, the Municipal Trial Court (MTC) rendered judgment
against the ten defendants. The defendants filed a notice of appeal, but failed to file a
supersedeas bond to stay the judgment to vacate. Upon Notting Hill Corp.’s motion, the
MTC issued a writ of execution. 5 of 6 When Hugh, the sheriff, was implementing the writ of
execution, he discovered that the land was occupied by a number of families who all claimed
that they were legitimate lessees of the ten defendants. Julia, one of the lessees, pleaded
 with Hugh, beseeching: “I’m just a lessee, standing in front of a sheriff, asking him to let me
stay in my home.”

May Hugh implement the writ of execution against the lessees? Explain briefly. (5
points)

10. An Information for Murder was filed against the accused Demo and Onyok. It reads:

“That on or about the 9th day of March 2008, in the City of Las Piñas,
Philippines and within the jurisdiction of this Honorable Court, the
abovenamed accused, conspiring and confederating together and both of
them mutually helping and aiding each other, without justifiable motive, with
intent to kill and with treachery and abuse of superior strength, did then and
there knowingly, unlawfully and feloniously attack, assault and use personal
violence upon one Angel Rosario, by then and there repeatedly hitting and
beating his head with a baseball bat, thereby inflicting upon the latter mortal
injury which caused his death.

Contrary to law.”

The accused filed a motion to quash on the ground that the Information does not conform
substantially to the prescribed form.

Is the accused correct? Explain briefly. (5 points)

11. Cain was indicted under an Information charging him with the crime of Murder. He was
caught by the police in flagrante delicto as the incident happened in a public place with
many witnesses present. Videos of the incident were also posted online which the judge was
able to watch.

During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court
(RTC) accepted the plea because it was made voluntarily and with full understanding of the
consequences. The RTC directed the prosecution to present evidence to prove Cain’s guilt.
However, the prosecution failed to present any evidence during the scheduled hearings. The
RTC then ruled and found Cain guilty beyond reasonable doubt based solely on his plea of
guilt.

Was Cain’s conviction proper? Explain briefly. (5 points)

12.Enumerate and describe three warrants that may be issued by the courts pursuant to
the Rule on Cybercrime Warrants. (5 points)

13. Ricky, while driving his Maserati, smashes into the Toyota Vios of Dante. Immediately after
the incident, Ricky offers to pay the value of the Toyota Vios. 6 of 6 Dante still sued Ricky
criminally for Reckless Imprudence because of Ricky’s wayward and speedy driving. During
trial, Dante was called as witness to testify on Ricky’s offer to compromise as an admission
of guilt. Ricky’s counsel objected. 
1âшphi1

If you were the judge, how would you rule on the objection? Explain briefly. (5 points)
 14. Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which
came from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going
down the stairs and leaving the scene holding a gun. Klaus also witnessed Luther fall from
the stairs with blood oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther
when he fell.

During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the
closed-circuit television (CCTV) footages of the scene. Said footages showed a man
appearing to be Igor, armed with a gun, proceeding up the stairs and entering Luther’s
apartment. In the video, the same man was seen hastily leaving the premises. Vanya further
testified that she was the one who transferred to the flash drive the video footages from the
barangay-owned CCTV that was located outside their apartment.

When the footages were played in court and an enlarged screenshot was presented, Vanya
identified the shooter as Igor. The defense objected on the ground that Vanya was not the
recorder of the video footages.

Are the CCTV footages admissible as electronic evidence? Explain briefly.(5 points)

15. In a case for Estafa, the prosecution offered the photocopy of the acknowledgment receipt
signed by the accused showing personal receipt of the sum of money from the private
complainant to prove the amount of damage. Accused objected to the offer of the photocopy
on the sole ground that it is a mere reproduction of the original in violation of the original
document rule. The court overruled the accused’s objection and admitted in evidence the
photocopy of the acknowledgment receipt.

Did the court err in admitting the photocopy? Explain briefly. (5 points)

2022 BAR EXAMINATIONS

REMEDIAL LAW I

November 20, 2022 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS

This is a 4-hour examination consisting of 15 items, each worth 5 points. If the item contains
sub-questions, please mark your answer separately with “(a)” followed by the corresponding answer,
then “(b)” followed by the answer.

Read each question carefully.Do not assume facts that are not provided in the question.

Answer the questions clearly and concisely.Your answer should demonstrate your ability to
analyze the facts, identify issues, apply the law and jurisprudence, and arrive at a sound and logical
conclusion. A mere “Yes” or “No” answer, or a mere legal conclusion without an explanation will not
be given full credit.

Allocate your time efficiently. The items are in random sequence. You may skip items and move to
items that you may find easier to answer. Use the 'Flag' feature so that you can return to the
 unanswered items.

Do not write your name, distinguishing marks, or extraneous words or phrases in any of your
answers. This may be considered cheating and may disqualify you from the entire Bar
Examinations.

Do not type your final answer in the notes box, which is an optional tool.Any text written in the
notes box will not be included in your final answer

Technical issues during the exam are rare, but if you experience one, do not panic. Do not
attempt to submit your exam answers. Call the attention of your proctor for assistance.

8. If you need to step out of the room, use the Hide Screen feature to prevent anyone else from seeing
your answers.

You have until 12:00 nn. to finish the exam.Make sure you have completed and reviewed your
answers before then. When submitting, the system will ask you one more time to confirm if you are
ready to submit your answer file, to give you another opportunity to review your answers.

10. Once done, show your proctor the green screen confirming your submission. If the green
screen does not appear, check with your proctor before leaving the room.

(Sgd.) ALFREDO BENJAMIN S. CAGUIOA

Associate Justice and
2022 Bar Examinations Chairperson

1. Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real estate
mortgage (REM) over his lot located in Quezon City with an assessed value of Php 500,000.00.
Lebron failed to pay despite written demands. The bank intends to file an action for judicial
foreclosure of the REM.

Where should the action for judicial foreclosure of the REM be filed and in which court?
Explain briefly. (5 points)

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the lobby of
Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve the
summons because Kobe left the hotel for an emergency. Hours later, the sheriff asked the front
desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on grounds of
confidentiality. The sheriff tried again the next day, but Kobe was in a conference until midnight. So,
the following day, the sheriff left the summons and a copy of the complaint with MH's chief security
officer (CSO), even as the CSO refused because Kobe had already checked out by then. The sheriff
thereafter filed his return, stating the dates, times and places of his attempts, the name of the CSO,
and the fact that the complaint was served with the summons. When Kobe did not file an Answer,
Asya, Inc. moved to declare him in default.

Was there a valid substituted service of summons? Explain briefly. (5 points)

3. Ten days after service of summons, defendant Kay filed a motion to dismiss the complaint for
collection of sum of money against her on the ground of improper service of summons, on the basis
 of which the court did not acquire jurisdiction over her person.

If you were the judge, how would you rule? Explain briefly. (5 points)

4. [This item has two questions.] Attorney Woo, the newly-hired lawyer of a law firm, booked Samurai
Express, a duly accredited courier service within the National Capital Judicial Region, to serve a
copy of a motion for reconsideration to Attorney Han, counsel for the adverse party, whose office is
in the City of Manila. Attorney Han moved to deny the motion for failure to contain a written
explanation as to why the motion was not served personally.

(a) Was the motion for reconsideration properly served? Explain briefly.

(b) What shall be considered as proof of service of this motion? Explain briefly.
(5 points)

5. Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage, alleging as
ground therefor Jewel’s psychological incapacity under Article 36 of the Family Code. The court
denied the petition for insufficiency of the evidence presented at the trial. Much later, Jimuel again
filed a petition against Jewel for the declaration of nullity of their marriage. This time, the basis 4 of 6
of Jimuel’s petition was the absence of a marriage license at the time their marriage was celebrated.
Upon Jewel's motion, the court dismissed the petition on the ground of res judicata by virtue of the
judgment in the first suit.

Was the denial of the petition on the ground of res judicata proper? Explain briefly. (5 points)

6. Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It conducts
kitchen operations in a refurbished house located in Palanan, a residential neighborhood. Rona, a
resident of Palanan, filed an action against Isol, Inc. to enjoin the operations of its kitchen on the
ground that it emits intolerable odors and violates laws on waste disposal. In the same action, Rona
also seeks to have Isol, Inc.’s business permit revoked because an industrial facility is not allowed
by law to be located in a residential neighborhood and Isol, Inc. failed to comply with sanitary
inspection and other procedural and health requirements. In the complaint Rona filed, she likewise
prayed for the issuance of a writ of preliminary injunction (WPI) to stop the kitchen operations during
the pendency of the case. Isol, Inc., in its verified answer, strongly opposed the prayer for WPI
considering the huge financial disaster that it will suffer if the writ were to be issued, especially in
light of the possibility that the suit could continue to be pending for more than a year.

Based on the foregoing, may the WPI prayed for already be issued? Explain briefly. (5 points)

7. Is a prior determination of the status as a legal heir in a separate special proceeding a

prerequisite to an ordinary civil action seeking the protection and enforcement of ownership
rights of such legal heir vested by the law of succession? Explain briefly. (5 points)

8. Namjoon, a Korean national, and Regine, a Filipina, were married in Makati City on February 14,
2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by mutual
agreement in South Korea. The local court in Korea granted the divorce. Wanting to marry her new
boyfriend Taehyung, Regine filed a petition for recognition of the foreign decree of divorce in the
Regional Trial Court (RTC) of Cebu where she resides.

The Office of the Solicitor General (OSG) opposed the petition contending that the proper remedy is
 a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of
the Rules of Court, which can only be filed in the RTC of Makati where the marriage was celebrated
and recorded in the Civil Registry of Makati.

Is the OSG’s contention tenable? Explain briefly. (5 points)

9. Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land it owns.
After the summary proceedings, the Municipal Trial Court (MTC) rendered judgment against the ten
defendants. The defendants filed a notice of appeal, but failed to file a supersedeas bond to stay the
judgment to vacate. Upon Notting Hill Corp.’s motion, the MTC issued a writ of execution. 5 of 6
When Hugh, the sheriff, was implementing the writ of execution, he discovered that the land was
occupied by a number of families who all claimed that they were legitimate lessees of the ten
defendants. Julia, one of the lessees, pleaded with Hugh, beseeching: “I’m just a lessee, standing in
front of a sheriff, asking him to let me stay in my home.”

May Hugh implement the writ of execution against the lessees? Explain briefly. (5 points)

10. An Information for Murder was filed against the accused Demo and Onyok. It reads:

“That on or about the 9th day of March 2008, in the City of Las Piñas, Philippines
and within the jurisdiction of this Honorable Court, the abovenamed accused,
conspiring and confederating together and both of them mutually helping and aiding
each other, without justifiable motive, with intent to kill and with treachery and abuse
of superior strength, did then and there knowingly, unlawfully and feloniously attack,
assault and use personal violence upon one Angel Rosario, by then and there
repeatedly hitting and beating his head with a baseball bat, thereby inflicting upon
the latter mortal injury which caused his death.

Contrary to law.”

The accused filed a motion to quash on the ground that the Information does not conform
substantially to the prescribed form.

Is the accused correct? Explain briefly. (5 points)

11. Cain was indicted under an Information charging him with the crime of Murder. He was caught by the
police in flagrante delicto as the incident happened in a public place with many witnesses present.
Videos of the incident were also posted online which the judge was able to watch.

During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court (RTC)
accepted the plea because it was made voluntarily and with full understanding of the consequences.
The RTC directed the prosecution to present evidence to prove Cain’s guilt. However, the
prosecution failed to present any evidence during the scheduled hearings. The RTC then ruled and
found Cain guilty beyond reasonable doubt based solely on his plea of guilt.

Was Cain’s conviction proper? Explain briefly. (5 points)

12.Enumerate and describe three warrants that may be issued by the courts pursuant to the Rule
on Cybercrime Warrants. (5 points)
13. Ricky, while driving his Maserati, smashes into the Toyota Vios of Dante. Immediately after the
incident, Ricky offers to pay the value of the Toyota Vios. 6 of 6 Dante still sued Ricky criminally for
Reckless Imprudence because of Ricky’s wayward and speedy driving. During trial, Dante was
called as witness to testify on Ricky’s offer to compromise as an admission of guilt. Ricky’s counsel
objected. 1âшphi1

If you were the judge, how would you rule on the objection? Explain briefly. (5 points)

14. Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which came
from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down the stairs
and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs with blood
oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell.

During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-
circuit television (CCTV) footages of the scene. Said footages showed a man appearing to be Igor,
armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video, the same
man was seen hastily leaving the premises. Vanya further testified that she was the one who
transferred to the flash drive the video footages from the barangay-owned CCTV that was located
outside their apartment.

When the footages were played in court and an enlarged screenshot was presented, Vanya
identified the shooter as Igor. The defense objected on the ground that Vanya was not the recorder
of the video footages.

Are the CCTV footages admissible as electronic evidence? Explain briefly.(5 points)

15. In a case for Estafa, the prosecution offered the photocopy of the acknowledgment receipt signed by
the accused showing personal receipt of the sum of money from the private complainant to prove
the amount of damage. Accused objected to the offer of the photocopy on the sole ground that it is a
mere reproduction of the original in violation of the original document rule. The court overruled the
accused’s objection and admitted in evidence the photocopy of the acknowledgment receipt.

Did the court err in admitting the photocopy? Explain briefly. (5 points)

2022 BAR EXAMINATIONS

REMEDIAL LAW I

November 20, 2022 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS

This is a 4-hour examination consisting of 15 items, each worth 5 points. If the item contains
sub-questions, please mark your answer separately with “(a)” followed by the corresponding answer,
then “(b)” followed by the answer.

Read each question carefully.Do not assume facts that are not provided in the question.

Answer the questions clearly and concisely.Your answer should demonstrate your ability to
 analyze the facts, identify issues, apply the law and jurisprudence, and arrive at a sound and logical
conclusion. A mere “Yes” or “No” answer, or a mere legal conclusion without an explanation will not
be given full credit.

Allocate your time efficiently. The items are in random sequence. You may skip items and move to
items that you may find easier to answer. Use the 'Flag' feature so that you can return to the
unanswered items.

Do not write your name, distinguishing marks, or extraneous words or phrases in any of your
answers. This may be considered cheating and may disqualify you from the entire Bar
Examinations.

Do not type your final answer in the notes box, which is an optional tool.Any text written in the
notes box will not be included in your final answer

Technical issues during the exam are rare, but if you experience one, do not panic. Do not
attempt to submit your exam answers. Call the attention of your proctor for assistance.

8. If you need to step out of the room, use the Hide Screen feature to prevent anyone else from seeing
your answers.

You have until 12:00 nn. to finish the exam.Make sure you have completed and reviewed your
answers before then. When submitting, the system will ask you one more time to confirm if you are
ready to submit your answer file, to give you another opportunity to review your answers.

10. Once done, show your proctor the green screen confirming your submission. If the green
screen does not appear, check with your proctor before leaving the room.

(Sgd.) ALFREDO BENJAMIN S. CAGUIOA

Associate Justice and
2022 Bar Examinations Chairperson

1. Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real estate
mortgage (REM) over his lot located in Quezon City with an assessed value of Php 500,000.00.
Lebron failed to pay despite written demands. The bank intends to file an action for judicial
foreclosure of the REM.

Where should the action for judicial foreclosure of the REM be filed and in which court?
Explain briefly. (5 points)

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the lobby of
Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve the
summons because Kobe left the hotel for an emergency. Hours later, the sheriff asked the front
desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on grounds of
confidentiality. The sheriff tried again the next day, but Kobe was in a conference until midnight. So,
the following day, the sheriff left the summons and a copy of the complaint with MH's chief security
officer (CSO), even as the CSO refused because Kobe had already checked out by then. The sheriff
thereafter filed his return, stating the dates, times and places of his attempts, the name of the CSO,
and the fact that the complaint was served with the summons. When Kobe did not file an Answer,
 Asya, Inc. moved to declare him in default.

Was there a valid substituted service of summons? Explain briefly. (5 points)

3. Ten days after service of summons, defendant Kay filed a motion to dismiss the complaint for
collection of sum of money against her on the ground of improper service of summons, on the basis
of which the court did not acquire jurisdiction over her person.

If you were the judge, how would you rule? Explain briefly. (5 points)

4. [This item has two questions.] Attorney Woo, the newly-hired lawyer of a law firm, booked Samurai
Express, a duly accredited courier service within the National Capital Judicial Region, to serve a
copy of a motion for reconsideration to Attorney Han, counsel for the adverse party, whose office is
in the City of Manila. Attorney Han moved to deny the motion for failure to contain a written
explanation as to why the motion was not served personally.

(a) Was the motion for reconsideration properly served? Explain briefly.

(b) What shall be considered as proof of service of this motion? Explain briefly.
(5 points)

5. Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage, alleging as
ground therefor Jewel’s psychological incapacity under Article 36 of the Family Code. The court
denied the petition for insufficiency of the evidence presented at the trial. Much later, Jimuel again
filed a petition against Jewel for the declaration of nullity of their marriage. This time, the basis 4 of 6
of Jimuel’s petition was the absence of a marriage license at the time their marriage was celebrated.
Upon Jewel's motion, the court dismissed the petition on the ground of res judicata by virtue of the
judgment in the first suit.

Was the denial of the petition on the ground of res judicata proper? Explain briefly. (5 points)

6. Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It conducts
kitchen operations in a refurbished house located in Palanan, a residential neighborhood. Rona, a
resident of Palanan, filed an action against Isol, Inc. to enjoin the operations of its kitchen on the
ground that it emits intolerable odors and violates laws on waste disposal. In the same action, Rona
also seeks to have Isol, Inc.’s business permit revoked because an industrial facility is not allowed
by law to be located in a residential neighborhood and Isol, Inc. failed to comply with sanitary
inspection and other procedural and health requirements. In the complaint Rona filed, she likewise
prayed for the issuance of a writ of preliminary injunction (WPI) to stop the kitchen operations during
the pendency of the case. Isol, Inc., in its verified answer, strongly opposed the prayer for WPI
considering the huge financial disaster that it will suffer if the writ were to be issued, especially in
light of the possibility that the suit could continue to be pending for more than a year.

Based on the foregoing, may the WPI prayed for already be issued? Explain briefly. (5 points)

7. Is a prior determination of the status as a legal heir in a separate special proceeding a

prerequisite to an ordinary civil action seeking the protection and enforcement of ownership
rights of such legal heir vested by the law of succession? Explain briefly. (5 points)

8. Namjoon, a Korean national, and Regine, a Filipina, were married in Makati City on February 14,
 2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by mutual
agreement in South Korea. The local court in Korea granted the divorce. Wanting to marry her new
boyfriend Taehyung, Regine filed a petition for recognition of the foreign decree of divorce in the
Regional Trial Court (RTC) of Cebu where she resides.

The Office of the Solicitor General (OSG) opposed the petition contending that the proper remedy is
a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of
the Rules of Court, which can only be filed in the RTC of Makati where the marriage was celebrated
and recorded in the Civil Registry of Makati.

Is the OSG’s contention tenable? Explain briefly. (5 points)

9. Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land it owns.
After the summary proceedings, the Municipal Trial Court (MTC) rendered judgment against the ten
defendants. The defendants filed a notice of appeal, but failed to file a supersedeas bond to stay the
judgment to vacate. Upon Notting Hill Corp.’s motion, the MTC issued a writ of execution. 5 of 6
When Hugh, the sheriff, was implementing the writ of execution, he discovered that the land was
occupied by a number of families who all claimed that they were legitimate lessees of the ten
defendants. Julia, one of the lessees, pleaded with Hugh, beseeching: “I’m just a lessee, standing in
front of a sheriff, asking him to let me stay in my home.”

May Hugh implement the writ of execution against the lessees? Explain briefly. (5 points)

10. An Information for Murder was filed against the accused Demo and Onyok. It reads:

“That on or about the 9th day of March 2008, in the City of Las Piñas, Philippines
and within the jurisdiction of this Honorable Court, the abovenamed accused,
conspiring and confederating together and both of them mutually helping and aiding
each other, without justifiable motive, with intent to kill and with treachery and abuse
of superior strength, did then and there knowingly, unlawfully and feloniously attack,
assault and use personal violence upon one Angel Rosario, by then and there
repeatedly hitting and beating his head with a baseball bat, thereby inflicting upon
the latter mortal injury which caused his death.

Contrary to law.”

The accused filed a motion to quash on the ground that the Information does not conform
substantially to the prescribed form.

Is the accused correct? Explain briefly. (5 points)

11. Cain was indicted under an Information charging him with the crime of Murder. He was caught by the
police in flagrante delicto as the incident happened in a public place with many witnesses present.
Videos of the incident were also posted online which the judge was able to watch.

During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court (RTC)
accepted the plea because it was made voluntarily and with full understanding of the consequences.
The RTC directed the prosecution to present evidence to prove Cain’s guilt. However, the
prosecution failed to present any evidence during the scheduled hearings. The RTC then ruled and
 found Cain guilty beyond reasonable doubt based solely on his plea of guilt.

Was Cain’s conviction proper? Explain briefly. (5 points)

12.Enumerate and describe three warrants that may be issued by the courts pursuant to the Rule
on Cybercrime Warrants. (5 points)

13. Ricky, while driving his Maserati, smashes into the Toyota Vios of Dante. Immediately after the
incident, Ricky offers to pay the value of the Toyota Vios. 6 of 6 Dante still sued Ricky criminally for
Reckless Imprudence because of Ricky’s wayward and speedy driving. During trial, Dante was
called as witness to testify on Ricky’s offer to compromise as an admission of guilt. Ricky’s counsel
objected. 1âшphi1

If you were the judge, how would you rule on the objection? Explain briefly. (5 points)

14. Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which came
from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down the stairs
and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs with blood
oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell.

During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-
circuit television (CCTV) footages of the scene. Said footages showed a man appearing to be Igor,
armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video, the same
man was seen hastily leaving the premises. Vanya further testified that she was the one who
transferred to the flash drive the video footages from the barangay-owned CCTV that was located
outside their apartment.

When the footages were played in court and an enlarged screenshot was presented, Vanya
identified the shooter as Igor. The defense objected on the ground that Vanya was not the recorder
of the video footages.

Are the CCTV footages admissible as electronic evidence? Explain briefly.(5 points)

15. In a case for Estafa, the prosecution offered the photocopy of the acknowledgment receipt signed by
the accused showing personal receipt of the sum of money from the private complainant to prove
the amount of damage. Accused objected to the offer of the photocopy on the sole ground that it is a
mere reproduction of the original in violation of the original document rule. The court overruled the
accused’s objection and admitted in evidence the photocopy of the acknowledgment receipt.

Did the court err in admitting the photocopy? Explain briefly. (5 points)

2022 BAR EXAMINATIONS

REMEDIAL LAW I

November 20, 2022 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS
 This is a 4-hour examination consisting of 15 items, each worth 5 points. If the item contains
sub-questions, please mark your answer separately with “(a)” followed by the corresponding answer,
then “(b)” followed by the answer.

Read each question carefully.Do not assume facts that are not provided in the question.

Answer the questions clearly and concisely.Your answer should demonstrate your ability to
analyze the facts, identify issues, apply the law and jurisprudence, and arrive at a sound and logical
conclusion. A mere “Yes” or “No” answer, or a mere legal conclusion without an explanation will not
be given full credit.

Allocate your time efficiently. The items are in random sequence. You may skip items and move to
items that you may find easier to answer. Use the 'Flag' feature so that you can return to the
unanswered items.

Do not write your name, distinguishing marks, or extraneous words or phrases in any of your
answers. This may be considered cheating and may disqualify you from the entire Bar
Examinations.

Do not type your final answer in the notes box, which is an optional tool.Any text written in the
notes box will not be included in your final answer

Technical issues during the exam are rare, but if you experience one, do not panic. Do not
attempt to submit your exam answers. Call the attention of your proctor for assistance.

8. If you need to step out of the room, use the Hide Screen feature to prevent anyone else from seeing
your answers.

You have until 12:00 nn. to finish the exam.Make sure you have completed and reviewed your
answers before then. When submitting, the system will ask you one more time to confirm if you are
ready to submit your answer file, to give you another opportunity to review your answers.

10. Once done, show your proctor the green screen confirming your submission. If the green
screen does not appear, check with your proctor before leaving the room.

(Sgd.) ALFREDO BENJAMIN S. CAGUIOA

Associate Justice and
2022 Bar Examinations Chairperson

1. Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real estate
mortgage (REM) over his lot located in Quezon City with an assessed value of Php 500,000.00.
Lebron failed to pay despite written demands. The bank intends to file an action for judicial
foreclosure of the REM.

Where should the action for judicial foreclosure of the REM be filed and in which court?
Explain briefly. (5 points)

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the lobby of
Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve the
summons because Kobe left the hotel for an emergency. Hours later, the sheriff asked the front
 desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on grounds of
confidentiality. The sheriff tried again the next day, but Kobe was in a conference until midnight. So,
the following day, the sheriff left the summons and a copy of the complaint with MH's chief security
officer (CSO), even as the CSO refused because Kobe had already checked out by then. The sheriff
thereafter filed his return, stating the dates, times and places of his attempts, the name of the CSO,
and the fact that the complaint was served with the summons. When Kobe did not file an Answer,
Asya, Inc. moved to declare him in default.

Was there a valid substituted service of summons? Explain briefly. (5 points)

3. Ten days after service of summons, defendant Kay filed a motion to dismiss the complaint for
collection of sum of money against her on the ground of improper service of summons, on the basis
of which the court did not acquire jurisdiction over her person.

If you were the judge, how would you rule? Explain briefly. (5 points)

4. [This item has two questions.] Attorney Woo, the newly-hired lawyer of a law firm, booked Samurai
Express, a duly accredited courier service within the National Capital Judicial Region, to serve a
copy of a motion for reconsideration to Attorney Han, counsel for the adverse party, whose office is
in the City of Manila. Attorney Han moved to deny the motion for failure to contain a written
explanation as to why the motion was not served personally.

(a) Was the motion for reconsideration properly served? Explain briefly.

(b) What shall be considered as proof of service of this motion? Explain briefly.
(5 points)

5. Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage, alleging as
ground therefor Jewel’s psychological incapacity under Article 36 of the Family Code. The court
denied the petition for insufficiency of the evidence presented at the trial. Much later, Jimuel again
filed a petition against Jewel for the declaration of nullity of their marriage. This time, the basis 4 of 6
of Jimuel’s petition was the absence of a marriage license at the time their marriage was celebrated.
Upon Jewel's motion, the court dismissed the petition on the ground of res judicata by virtue of the
judgment in the first suit.

Was the denial of the petition on the ground of res judicata proper? Explain briefly. (5 points)

6. Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It conducts
kitchen operations in a refurbished house located in Palanan, a residential neighborhood. Rona, a
resident of Palanan, filed an action against Isol, Inc. to enjoin the operations of its kitchen on the
ground that it emits intolerable odors and violates laws on waste disposal. In the same action, Rona
also seeks to have Isol, Inc.’s business permit revoked because an industrial facility is not allowed
by law to be located in a residential neighborhood and Isol, Inc. failed to comply with sanitary
inspection and other procedural and health requirements. In the complaint Rona filed, she likewise
prayed for the issuance of a writ of preliminary injunction (WPI) to stop the kitchen operations during
the pendency of the case. Isol, Inc., in its verified answer, strongly opposed the prayer for WPI
considering the huge financial disaster that it will suffer if the writ were to be issued, especially in
light of the possibility that the suit could continue to be pending for more than a year.
 Based on the foregoing, may the WPI prayed for already be issued? Explain briefly. (5 points)

7. Is a prior determination of the status as a legal heir in a separate special proceeding a

prerequisite to an ordinary civil action seeking the protection and enforcement of ownership
rights of such legal heir vested by the law of succession? Explain briefly. (5 points)

8. Namjoon, a Korean national, and Regine, a Filipina, were married in Makati City on February 14,
2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by mutual
agreement in South Korea. The local court in Korea granted the divorce. Wanting to marry her new
boyfriend Taehyung, Regine filed a petition for recognition of the foreign decree of divorce in the
Regional Trial Court (RTC) of Cebu where she resides.

The Office of the Solicitor General (OSG) opposed the petition contending that the proper remedy is
a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of
the Rules of Court, which can only be filed in the RTC of Makati where the marriage was celebrated
and recorded in the Civil Registry of Makati.

Is the OSG’s contention tenable? Explain briefly. (5 points)

9. Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land it owns.
After the summary proceedings, the Municipal Trial Court (MTC) rendered judgment against the ten
defendants. The defendants filed a notice of appeal, but failed to file a supersedeas bond to stay the
judgment to vacate. Upon Notting Hill Corp.’s motion, the MTC issued a writ of execution. 5 of 6
When Hugh, the sheriff, was implementing the writ of execution, he discovered that the land was
occupied by a number of families who all claimed that they were legitimate lessees of the ten
defendants. Julia, one of the lessees, pleaded with Hugh, beseeching: “I’m just a lessee, standing in
front of a sheriff, asking him to let me stay in my home.”

May Hugh implement the writ of execution against the lessees? Explain briefly. (5 points)

10. An Information for Murder was filed against the accused Demo and Onyok. It reads:

“That on or about the 9th day of March 2008, in the City of Las Piñas, Philippines
and within the jurisdiction of this Honorable Court, the abovenamed accused,
conspiring and confederating together and both of them mutually helping and aiding
each other, without justifiable motive, with intent to kill and with treachery and abuse
of superior strength, did then and there knowingly, unlawfully and feloniously attack,
assault and use personal violence upon one Angel Rosario, by then and there
repeatedly hitting and beating his head with a baseball bat, thereby inflicting upon
the latter mortal injury which caused his death.

Contrary to law.”

The accused filed a motion to quash on the ground that the Information does not conform
substantially to the prescribed form.

Is the accused correct? Explain briefly. (5 points)

11. Cain was indicted under an Information charging him with the crime of Murder. He was caught by the
police in flagrante delicto as the incident happened in a public place with many witnesses present.
 Videos of the incident were also posted online which the judge was able to watch.

During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court (RTC)
accepted the plea because it was made voluntarily and with full understanding of the consequences.
The RTC directed the prosecution to present evidence to prove Cain’s guilt. However, the
prosecution failed to present any evidence during the scheduled hearings. The RTC then ruled and
found Cain guilty beyond reasonable doubt based solely on his plea of guilt.

Was Cain’s conviction proper? Explain briefly. (5 points)

12.Enumerate and describe three warrants that may be issued by the courts pursuant to the Rule
on Cybercrime Warrants. (5 points)

13. Ricky, while driving his Maserati, smashes into the Toyota Vios of Dante. Immediately after the
incident, Ricky offers to pay the value of the Toyota Vios. 6 of 6 Dante still sued Ricky criminally for
Reckless Imprudence because of Ricky’s wayward and speedy driving. During trial, Dante was
called as witness to testify on Ricky’s offer to compromise as an admission of guilt. Ricky’s counsel
objected. 1âшphi1

If you were the judge, how would you rule on the objection? Explain briefly. (5 points)

14. Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which came
from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down the stairs
and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs with blood
oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell.

During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-
circuit television (CCTV) footages of the scene. Said footages showed a man appearing to be Igor,
armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video, the same
man was seen hastily leaving the premises. Vanya further testified that she was the one who
transferred to the flash drive the video footages from the barangay-owned CCTV that was located
outside their apartment.

When the footages were played in court and an enlarged screenshot was presented, Vanya
identified the shooter as Igor. The defense objected on the ground that Vanya was not the recorder
of the video footages.

Are the CCTV footages admissible as electronic evidence? Explain briefly.(5 points)

15. In a case for Estafa, the prosecution offered the photocopy of the acknowledgment receipt signed by
the accused showing personal receipt of the sum of money from the private complainant to prove
the amount of damage. Accused objected to the offer of the photocopy on the sole ground that it is a
mere reproduction of the original in violation of the original document rule. The court overruled the
accused’s objection and admitted in evidence the photocopy of the acknowledgment receipt.

Did the court err in admitting the photocopy? Explain briefly. (5 points)

2022 BAR EXAMINATIONS

 REMEDIAL LAW I

November 20, 2022 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS

This is a 4-hour examination consisting of 15 items, each worth 5 points. If the item contains
sub-questions, please mark your answer separately with “(a)” followed by the corresponding answer,
then “(b)” followed by the answer.

Read each question carefully.Do not assume facts that are not provided in the question.

Answer the questions clearly and concisely.Your answer should demonstrate your ability to
analyze the facts, identify issues, apply the law and jurisprudence, and arrive at a sound and logical
conclusion. A mere “Yes” or “No” answer, or a mere legal conclusion without an explanation will not
be given full credit.

Allocate your time efficiently. The items are in random sequence. You may skip items and move to
items that you may find easier to answer. Use the 'Flag' feature so that you can return to the
unanswered items.

Do not write your name, distinguishing marks, or extraneous words or phrases in any of your
answers. This may be considered cheating and may disqualify you from the entire Bar
Examinations.

Do not type your final answer in the notes box, which is an optional tool.Any text written in the
notes box will not be included in your final answer

Technical issues during the exam are rare, but if you experience one, do not panic. Do not
attempt to submit your exam answers. Call the attention of your proctor for assistance.

8. If you need to step out of the room, use the Hide Screen feature to prevent anyone else from seeing
your answers.

You have until 12:00 nn. to finish the exam.Make sure you have completed and reviewed your
answers before then. When submitting, the system will ask you one more time to confirm if you are
ready to submit your answer file, to give you another opportunity to review your answers.

10. Once done, show your proctor the green screen confirming your submission. If the green
screen does not appear, check with your proctor before leaving the room.

(Sgd.) ALFREDO BENJAMIN S. CAGUIOA

Associate Justice and
2022 Bar Examinations Chairperson

1. Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real estate
mortgage (REM) over his lot located in Quezon City with an assessed value of Php 500,000.00.
Lebron failed to pay despite written demands. The bank intends to file an action for judicial
foreclosure of the REM.

Where should the action for judicial foreclosure of the REM be filed and in which court?
 Explain briefly. (5 points)

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the lobby of
Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve the
summons because Kobe left the hotel for an emergency. Hours later, the sheriff asked the front
desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on grounds of
confidentiality. The sheriff tried again the next day, but Kobe was in a conference until midnight. So,
the following day, the sheriff left the summons and a copy of the complaint with MH's chief security
officer (CSO), even as the CSO refused because Kobe had already checked out by then. The sheriff
thereafter filed his return, stating the dates, times and places of his attempts, the name of the CSO,
and the fact that the complaint was served with the summons. When Kobe did not file an Answer,
Asya, Inc. moved to declare him in default.

Was there a valid substituted service of summons? Explain briefly. (5 points)

3. Ten days after service of summons, defendant Kay filed a motion to dismiss the complaint for
collection of sum of money against her on the ground of improper service of summons, on the basis
of which the court did not acquire jurisdiction over her person.

If you were the judge, how would you rule? Explain briefly. (5 points)

4. [This item has two questions.] Attorney Woo, the newly-hired lawyer of a law firm, booked Samurai
Express, a duly accredited courier service within the National Capital Judicial Region, to serve a
copy of a motion for reconsideration to Attorney Han, counsel for the adverse party, whose office is
in the City of Manila. Attorney Han moved to deny the motion for failure to contain a written
explanation as to why the motion was not served personally.

(a) Was the motion for reconsideration properly served? Explain briefly.

(b) What shall be considered as proof of service of this motion? Explain briefly.
(5 points)

5. Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage, alleging as
ground therefor Jewel’s psychological incapacity under Article 36 of the Family Code. The court
denied the petition for insufficiency of the evidence presented at the trial. Much later, Jimuel again
filed a petition against Jewel for the declaration of nullity of their marriage. This time, the basis 4 of 6
of Jimuel’s petition was the absence of a marriage license at the time their marriage was celebrated.
Upon Jewel's motion, the court dismissed the petition on the ground of res judicata by virtue of the
judgment in the first suit.

Was the denial of the petition on the ground of res judicata proper? Explain briefly. (5 points)

6. Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It conducts
kitchen operations in a refurbished house located in Palanan, a residential neighborhood. Rona, a
resident of Palanan, filed an action against Isol, Inc. to enjoin the operations of its kitchen on the
ground that it emits intolerable odors and violates laws on waste disposal. In the same action, Rona
also seeks to have Isol, Inc.’s business permit revoked because an industrial facility is not allowed
by law to be located in a residential neighborhood and Isol, Inc. failed to comply with sanitary
inspection and other procedural and health requirements. In the complaint Rona filed, she likewise
prayed for the issuance of a writ of preliminary injunction (WPI) to stop the kitchen operations during
 the pendency of the case. Isol, Inc., in its verified answer, strongly opposed the prayer for WPI
considering the huge financial disaster that it will suffer if the writ were to be issued, especially in
light of the possibility that the suit could continue to be pending for more than a year.

Based on the foregoing, may the WPI prayed for already be issued? Explain briefly. (5 points)

7. Is a prior determination of the status as a legal heir in a separate special proceeding a

prerequisite to an ordinary civil action seeking the protection and enforcement of ownership
rights of such legal heir vested by the law of succession? Explain briefly. (5 points)

8. Namjoon, a Korean national, and Regine, a Filipina, were married in Makati City on February 14,
2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by mutual
agreement in South Korea. The local court in Korea granted the divorce. Wanting to marry her new
boyfriend Taehyung, Regine filed a petition for recognition of the foreign decree of divorce in the
Regional Trial Court (RTC) of Cebu where she resides.

The Office of the Solicitor General (OSG) opposed the petition contending that the proper remedy is
a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of
the Rules of Court, which can only be filed in the RTC of Makati where the marriage was celebrated
and recorded in the Civil Registry of Makati.

Is the OSG’s contention tenable? Explain briefly. (5 points)

9. Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land it owns.
After the summary proceedings, the Municipal Trial Court (MTC) rendered judgment against the ten
defendants. The defendants filed a notice of appeal, but failed to file a supersedeas bond to stay the
judgment to vacate. Upon Notting Hill Corp.’s motion, the MTC issued a writ of execution. 5 of 6
When Hugh, the sheriff, was implementing the writ of execution, he discovered that the land was
occupied by a number of families who all claimed that they were legitimate lessees of the ten
defendants. Julia, one of the lessees, pleaded with Hugh, beseeching: “I’m just a lessee, standing in
front of a sheriff, asking him to let me stay in my home.”

May Hugh implement the writ of execution against the lessees? Explain briefly. (5 points)

10. An Information for Murder was filed against the accused Demo and Onyok. It reads:

“That on or about the 9th day of March 2008, in the City of Las Piñas, Philippines
and within the jurisdiction of this Honorable Court, the abovenamed accused,
conspiring and confederating together and both of them mutually helping and aiding
each other, without justifiable motive, with intent to kill and with treachery and abuse
of superior strength, did then and there knowingly, unlawfully and feloniously attack,
assault and use personal violence upon one Angel Rosario, by then and there
repeatedly hitting and beating his head with a baseball bat, thereby inflicting upon
the latter mortal injury which caused his death.

Contrary to law.”

The accused filed a motion to quash on the ground that the Information does not conform
substantially to the prescribed form.
 Is the accused correct? Explain briefly. (5 points)

11. Cain was indicted under an Information charging him with the crime of Murder. He was caught by the
police in flagrante delicto as the incident happened in a public place with many witnesses present.
Videos of the incident were also posted online which the judge was able to watch.

During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court (RTC)
accepted the plea because it was made voluntarily and with full understanding of the consequences.
The RTC directed the prosecution to present evidence to prove Cain’s guilt. However, the
prosecution failed to present any evidence during the scheduled hearings. The RTC then ruled and
found Cain guilty beyond reasonable doubt based solely on his plea of guilt.

Was Cain’s conviction proper? Explain briefly. (5 points)

12.Enumerate and describe three warrants that may be issued by the courts pursuant to the Rule
on Cybercrime Warrants. (5 points)

13. Ricky, while driving his Maserati, smashes into the Toyota Vios of Dante. Immediately after the
incident, Ricky offers to pay the value of the Toyota Vios. 6 of 6 Dante still sued Ricky criminally for
Reckless Imprudence because of Ricky’s wayward and speedy driving. During trial, Dante was
called as witness to testify on Ricky’s offer to compromise as an admission of guilt. Ricky’s counsel
objected. 1âшphi1

If you were the judge, how would you rule on the objection? Explain briefly. (5 points)

14. Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which came
from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down the stairs
and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs with blood
oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell.

During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-
circuit television (CCTV) footages of the scene. Said footages showed a man appearing to be Igor,
armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video, the same
man was seen hastily leaving the premises. Vanya further testified that she was the one who
transferred to the flash drive the video footages from the barangay-owned CCTV that was located
outside their apartment.

When the footages were played in court and an enlarged screenshot was presented, Vanya
identified the shooter as Igor. The defense objected on the ground that Vanya was not the recorder
of the video footages.

Are the CCTV footages admissible as electronic evidence? Explain briefly.(5 points)

15. In a case for Estafa, the prosecution offered the photocopy of the acknowledgment receipt signed by
the accused showing personal receipt of the sum of money from the private complainant to prove
the amount of damage. Accused objected to the offer of the photocopy on the sole ground that it is a
mere reproduction of the original in violation of the original document rule. The court overruled the
accused’s objection and admitted in evidence the photocopy of the acknowledgment receipt.

Did the court err in admitting the photocopy? Explain briefly. (5 points)
 2022 BAR EXAMINATIONS
REMEDIAL LAW I

November 20, 2022 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS

This is a 4-hour examination consisting of 15 items, each worth 5 points. If the item contains
sub-questions, please mark your answer separately with “(a)” followed by the corresponding answer,
then “(b)” followed by the answer.

Read each question carefully.Do not assume facts that are not provided in the question.

Answer the questions clearly and concisely.Your answer should demonstrate your ability to
analyze the facts, identify issues, apply the law and jurisprudence, and arrive at a sound and logical
conclusion. A mere “Yes” or “No” answer, or a mere legal conclusion without an explanation will not
be given full credit.

Allocate your time efficiently. The items are in random sequence. You may skip items and move to
items that you may find easier to answer. Use the 'Flag' feature so that you can return to the
unanswered items.

Do not write your name, distinguishing marks, or extraneous words or phrases in any of your
answers. This may be considered cheating and may disqualify you from the entire Bar
Examinations.

Do not type your final answer in the notes box, which is an optional tool.Any text written in the
notes box will not be included in your final answer

Technical issues during the exam are rare, but if you experience one, do not panic. Do not
attempt to submit your exam answers. Call the attention of your proctor for assistance.

8. If you need to step out of the room, use the Hide Screen feature to prevent anyone else from seeing
your answers.

You have until 12:00 nn. to finish the exam.Make sure you have completed and reviewed your
answers before then. When submitting, the system will ask you one more time to confirm if you are
ready to submit your answer file, to give you another opportunity to review your answers.

10. Once done, show your proctor the green screen confirming your submission. If the green
screen does not appear, check with your proctor before leaving the room.

(Sgd.) ALFREDO BENJAMIN S. CAGUIOA

Associate Justice and
2022 Bar Examinations Chairperson

1. Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real estate
mortgage (REM) over his lot located in Quezon City with an assessed value of Php 500,000.00.
 Lebron failed to pay despite written demands. The bank intends to file an action for judicial
foreclosure of the REM.

Where should the action for judicial foreclosure of the REM be filed and in which court?
Explain briefly. (5 points)

2. Asya, Inc. sued Kobe, a resident of Bukidnon. To serve summons, the sheriff waited in the lobby of
Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve the
summons because Kobe left the hotel for an emergency. Hours later, the sheriff asked the front
desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on grounds of
confidentiality. The sheriff tried again the next day, but Kobe was in a conference until midnight. So,
the following day, the sheriff left the summons and a copy of the complaint with MH's chief security
officer (CSO), even as the CSO refused because Kobe had already checked out by then. The sheriff
thereafter filed his return, stating the dates, times and places of his attempts, the name of the CSO,
and the fact that the complaint was served with the summons. When Kobe did not file an Answer,
Asya, Inc. moved to declare him in default.

Was there a valid substituted service of summons? Explain briefly. (5 points)

3. Ten days after service of summons, defendant Kay filed a motion to dismiss the complaint for
collection of sum of money against her on the ground of improper service of summons, on the basis
of which the court did not acquire jurisdiction over her person.

If you were the judge, how would you rule? Explain briefly. (5 points)

4. [This item has two questions.] Attorney Woo, the newly-hired lawyer of a law firm, booked Samurai
Express, a duly accredited courier service within the National Capital Judicial Region, to serve a
copy of a motion for reconsideration to Attorney Han, counsel for the adverse party, whose office is
in the City of Manila. Attorney Han moved to deny the motion for failure to contain a written
explanation as to why the motion was not served personally.

(a) Was the motion for reconsideration properly served? Explain briefly.

(b) What shall be considered as proof of service of this motion? Explain briefly.
(5 points)

5. Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage, alleging as
ground therefor Jewel’s psychological incapacity under Article 36 of the Family Code. The court
denied the petition for insufficiency of the evidence presented at the trial. Much later, Jimuel again
filed a petition against Jewel for the declaration of nullity of their marriage. This time, the basis 4 of 6
of Jimuel’s petition was the absence of a marriage license at the time their marriage was celebrated.
Upon Jewel's motion, the court dismissed the petition on the ground of res judicata by virtue of the
judgment in the first suit.

Was the denial of the petition on the ground of res judicata proper? Explain briefly. (5 points)

6. Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It conducts
kitchen operations in a refurbished house located in Palanan, a residential neighborhood. Rona, a
resident of Palanan, filed an action against Isol, Inc. to enjoin the operations of its kitchen on the
ground that it emits intolerable odors and violates laws on waste disposal. In the same action, Rona
 also seeks to have Isol, Inc.’s business permit revoked because an industrial facility is not allowed
by law to be located in a residential neighborhood and Isol, Inc. failed to comply with sanitary
inspection and other procedural and health requirements. In the complaint Rona filed, she likewise
prayed for the issuance of a writ of preliminary injunction (WPI) to stop the kitchen operations during
the pendency of the case. Isol, Inc., in its verified answer, strongly opposed the prayer for WPI
considering the huge financial disaster that it will suffer if the writ were to be issued, especially in
light of the possibility that the suit could continue to be pending for more than a year.

Based on the foregoing, may the WPI prayed for already be issued? Explain briefly. (5 points)

7. Is a prior determination of the status as a legal heir in a separate special proceeding a

prerequisite to an ordinary civil action seeking the protection and enforcement of ownership
rights of such legal heir vested by the law of succession? Explain briefly. (5 points)

8. Namjoon, a Korean national, and Regine, a Filipina, were married in Makati City on February 14,
2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by mutual
agreement in South Korea. The local court in Korea granted the divorce. Wanting to marry her new
boyfriend Taehyung, Regine filed a petition for recognition of the foreign decree of divorce in the
Regional Trial Court (RTC) of Cebu where she resides.

The Office of the Solicitor General (OSG) opposed the petition contending that the proper remedy is
a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of
the Rules of Court, which can only be filed in the RTC of Makati where the marriage was celebrated
and recorded in the Civil Registry of Makati.

Is the OSG’s contention tenable? Explain briefly. (5 points)

9. Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land it owns.
After the summary proceedings, the Municipal Trial Court (MTC) rendered judgment against the ten
defendants. The defendants filed a notice of appeal, but failed to file a supersedeas bond to stay the
judgment to vacate. Upon Notting Hill Corp.’s motion, the MTC issued a writ of execution. 5 of 6
When Hugh, the sheriff, was implementing the writ of execution, he discovered that the land was
occupied by a number of families who all claimed that they were legitimate lessees of the ten
defendants. Julia, one of the lessees, pleaded with Hugh, beseeching: “I’m just a lessee, standing in
front of a sheriff, asking him to let me stay in my home.”

May Hugh implement the writ of execution against the lessees? Explain briefly. (5 points)

10. An Information for Murder was filed against the accused Demo and Onyok. It reads:

“That on or about the 9th day of March 2008, in the City of Las Piñas, Philippines
and within the jurisdiction of this Honorable Court, the abovenamed accused,
conspiring and confederating together and both of them mutually helping and aiding
each other, without justifiable motive, with intent to kill and with treachery and abuse
of superior strength, did then and there knowingly, unlawfully and feloniously attack,
assault and use personal violence upon one Angel Rosario, by then and there
repeatedly hitting and beating his head with a baseball bat, thereby inflicting upon
the latter mortal injury which caused his death.
 Contrary to law.”

The accused filed a motion to quash on the ground that the Information does not conform
substantially to the prescribed form.

Is the accused correct? Explain briefly. (5 points)

11. Cain was indicted under an Information charging him with the crime of Murder. He was caught by the
police in flagrante delicto as the incident happened in a public place with many witnesses present.
Videos of the incident were also posted online which the judge was able to watch.

During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court (RTC)
accepted the plea because it was made voluntarily and with full understanding of the consequences.
The RTC directed the prosecution to present evidence to prove Cain’s guilt. However, the
prosecution failed to present any evidence during the scheduled hearings. The RTC then ruled and
found Cain guilty beyond reasonable doubt based solely on his plea of guilt.

Was Cain’s conviction proper? Explain briefly. (5 points)

12.Enumerate and describe three warrants that may be issued by the courts pursuant to the Rule
on Cybercrime Warrants. (5 points)

13. Ricky, while driving his Maserati, smashes into the Toyota Vios of Dante. Immediately after the
incident, Ricky offers to pay the value of the Toyota Vios. 6 of 6 Dante still sued Ricky criminally for
Reckless Imprudence because of Ricky’s wayward and speedy driving. During trial, Dante was
called as witness to testify on Ricky’s offer to compromise as an admission of guilt. Ricky’s counsel
objected. 1âшphi1

If you were the judge, how would you rule on the objection? Explain briefly. (5 points)

14. Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which came
from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down the stairs
and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs with blood
oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell.

During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-
circuit television (CCTV) footages of the scene. Said footages showed a man appearing to be Igor,
armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video, the same
man was seen hastily leaving the premises. Vanya further testified that she was the one who
transferred to the flash drive the video footages from the barangay-owned CCTV that was located
outside their apartment.

When the footages were played in court and an enlarged screenshot was presented, Vanya
identified the shooter as Igor. The defense objected on the ground that Vanya was not the recorder
of the video footages.

Are the CCTV footages admissible as electronic evidence? Explain briefly.(5 points)

15. In a case for Estafa, the prosecution offered the photocopy of the acknowledgment receipt signed by
the accused showing personal receipt of the sum of money from the private complainant to prove
the amount of damage. Accused objected to the offer of the photocopy on the sole ground that it is a
mere reproduction of the original in violation of the original document rule. The court overruled the
accused’s objection and admitted in evidence the photocopy of the acknowledgment receipt.

Did the court err in admitting the photocopy? Explain briefly. (5 points)