Bar Ops Methods

ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAWBAR EXAMINATION1997

BAR EXAMINATION 1998

BAR EXAMINATION1999

BAR EXAMINATION2000

BAREXAMINATION2001

BAR EXAMINATION2002

QUESTION #1a. Jurisdiction a. Civil Actions vs.

Special Proceeding

b. Construction of the Rules of Court

a. Katarungang Pambarangay Law

b. Conciliation proceedings under KPL vs. Amicable settlement during pre-trial conference

a. Reply

b. Unverified motion

c. Action on contractual money claims (Rule 3,sec. 20)

a. Demurrer to Evidence

a. Examination of judgment obligor when judgment unsatisfied (Rule 39,sec. 36)

b. Summons QUESTION #2

a. Cross-claimThird party complaint

a. Jurisdiction on Counterclaim

a. Action vs. Cause of Action

a. Certification of non-forum shopping

b. Jurisdiction of a probate of will

a. Default

b. Production or Inspection of Documents or things (Rule 27)

QUESTION #3a. Venue a. Splitting a single

cause of actionb. Non-joinder of a

necessary party

a. Splitting a cause of action

a. Filing of Motion for Reconsideration

a. Quo Warrantoa. Claim for

damages on account of improper, irregular or excessive attachment (Rule 57,sec. 20)

b. Discretionary execution (Rule 39,sec.2)

QUESTION #4a. Subpoena Duces

Tecuma. Venue b. Jurisdiction

over the subject matter

a. Joinder of causes of action

a. Res judicata and its essential requisites

a. Separate Civil Action

a. Certiorari (Rule 65)

QUESTION #5a. Ejectment a. Remedies of a a. Default a. 5 modes of a. Amicable

a. Joinder of parties RTC-

ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAW

party declared in default

Order of Default discovery settlement Manila jurisdiction and

b. Joinder of causes of action

QUESTION #6

a. The proper venue for special proceedings

a. Duty of a counsel in case of death of a party (Rule 3, section 16)

a. Summons a. Requisites for Intervention

a. Duty to set for Pre-trial in civil cases

a. Motion for the execution of judgment

b. Barred by prior judgment

QUESTION #7

a. Pre-trial in a criminal case vs. Pre-trial in a civil case

a. Petition for Review from RTC to CA (Rule 42)

a. Counterclaim b. Counterclaim vs.

Crossclaim

a. Illegal arrest (arrest without a warrant when deemed waived)

a. Information a. Petition for

relief from judgment (Rule 38,secs. 1 and 3)

b. Administration revoked if Will discovered (Rule 82,sec.1)

QUESTION #8a. Warrant of arrest

Search warranta. Action for

Interpleader Declaratory Relief

a. Grounds for the Judgment on the Pleadings

a. Filing of a complaint in a rape case

a. Amendment of Information

a. Intestate proceedings

b. Answer of executor or administrator (Rule 86,sec. 10) When order for distribution of residue made

c. Escheats

QUESTION #9a. Amendment of

the Informationa. Grounds for the

annulment of a judgment of the

a. Appeal from RTC to CA

a. Motion to Suspend

a. Temporary Restraining Order

a. Amendment of an Information


RTC

b. Certiorari as an original action vs. Certiorari as a mode of appeal

b. Bail, where file (Rule 114, sec 7)

c. Plea of guilty to a lesser offense (Rule 116, sec 2)

QUESTION #10a. Judgment a. Requisites of a

trial in absentia

b. Automatic review in case of death penalty

a. Certiorari (Rule 45) vs. Certiorari (Rule 65)

a. Authority to file an Information

a. Support Pendente Lite

a. Double jeopardy

b. Provisional dismissal (Rule 117,sec 8)

c. Burden of proof for bail application (Rule 114, sec 8)

QUESTION #11a. Kinds of

Objectionsa. Petition for

Habeas Corpus

a. Lost or Destroyed Will

a. Marital Disqualification and its exception

a. Quo Warranto a. Constitution, Art. III, sec 12, R.A. 7438

QUESTION 12a. Offer of Evidence a. Appointment of

Administratora. Complaint vs.

Informationb. Injunction

a. Baptismal certificate can prove pedigree

b. Entries in the family

a. Writ of Preliminary Attachment

b. Writ of Preliminary Injunction

a. Hearsay

QUESTION 13a. Re-direct

Examinationb. Re-cross

Examinationc. Recalling Witness

a. Application for Bail

a. Prejudicial Question

a. Declaration of Default

a. Receivershipa. When separate

civil action is suspended (Rule 111, sec 2 last paragraph)


b. ObjectionQUESTION 14

a. Admissions a. Demurrer to Evidence

a. Bail as a matter of right vs. Bail as a matter of discretion

a. Forms of bail

a. Ejectment case a. Family Courts Act of 1997

a. Character evidence

QUESTION 15a. Dead Man Ruleb. Parol Evidence

Rulec. Best Evidence

Rule

a. Grounds to Quash an Information

a. Provisional remedies

Attachment vs. GarnishmentReplevinSupport Pendente Lite

a. Foreclosure of Mortgage

a. Summary Settlement of Estates

a. Modes of appeal to the Supreme Court

QUESTION 16a. Execution of

Judgment(Rule 39, section 6)

a. Admissions a. Effect of Death of

a party upon pending action

a. Attachment (Rule 57,sec. 14)

a. Exception to Parol Evidence

QUESTION 17

a. Bar by prior judgment vs. Conclusiveness of judgment

b. Cause of action vs. Action

Admissibility of Evidence a. Hearsay evidence

b. Exceptions to the Hearsay Rule

a. Amended complaint

a. Qualification of Witnesses (Rule 130)

QUESTION 18a. Venue for the

filing of an Information

a. Requisites of Newly Discovered Evidence

b. Requisites of Dying Declaration

a. Annulment of the Extrajudicial Foreclosure


ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAWQUESTION 19

a. Philippine court can take judicial notice of a foreign law

b. Proof of written foreign law

a. Admissibility of Testimonial Evidence

b. Probative value of a witness’ Affidavit of Recantation

a. Anti-Graft and Corrupt Practices Act (Section 13 of RA 3019)

QUESTION 20a. Original of

Document(Rule 130, section 4)

a. Rule on Marital Privilege

b. Doctrine of Parental Privilege

c. Doctrine of Privileged Communication

a. Motion to set aside the Order of Default

BAR EXAMINATION2003


BAR EXAMINATION2005

BAR EXAMINATION2006

BAREXAMINATION2007

BAR EXAMINATION2008

QUESTION #1a. Effect of verdict

upon the political stability and economic welfare of the nation

a. Amendment to conform to or authorized presentation of evidence (Rule 10, section 5)

a. Applicability of Article 1144 of the NCC to foreign judgment

b. Certiorari (Rule 45) from CA to SC

a. Concept of Remedial Law

b. Substantive law vs. Remedial law

c. Implementation of remedial

a. Effect of foreign judgments or final orders in our courts (Rule 39, section 48)

a. Extraterritorial service of summons


b. Pre-trial agreementc. Private document

as both Documentary and Object evidence

d. Derivative suit vs. Class suit

e. Rule on Examination of a Child witness

laws in our system of government

d. Jurisdiction vs. Venue

e. Real actions and Personal actions

b. Foreign Arbitral Award

c. Global Injunction issued by a foreign court

QUESTION #2a. Action for Specific

Performance

b. Motion to declare the defendant in default

a. Application of the Sec. Of Justice for a warrant of arrest

b. Prohibited pleadings in the Revised Rules on Summary Procedure

a. Jurisdiction over Habeas Corpus

b. RA 8054 (Section 17(a))

c. Physical and Mental examination of persons

d. Fruit of a Poisonous Tree Doctrine

a. Jurisdiction of the Housing and Land Use Regulatory Board (HLURB)/Jurisdiction of RTC over an action for specific performance

a. Surviving Parties Rule (Rule 130, section 23)

b. Remedy after the defendant has been declared in default

c. Motiond. Counterclaim

b. Counterclaim

QUESTION #3

a. Substantial amendment of the complaint after answer has been filed

a. Summons

b. Demurrer to Evidence

a. Joinder of Causes of Action

a. Forum shopping

a. Hearsay (Rule 130, section 36)

b. Res gestae

c. Dying declarations

d. Admissions against interest

a. Venue for the reconveyance of a parcel of land

b. Venue for the foreclosure on the mortgage of the land

ERFE, NAZI JESTERMOLLENO, GEMMALUBAR OPS METHODSPSU-SCHOOL OF LAWQUESTION #4

a. Motion to Withdraw Notice of Appeal

b. Period to file Notice of appeal

a. Amendment to conform to or authorized presentation of evidence (Rule 10, section 5)

a. Splitting a single cause of action

a. Effect of failure to appear at the pre-trial in civil cases/remedies available after being declared in default

a. Petition for Writ of Habeas Corpus

b. Jurisdiction of the MeTC over recovery of physical possession of a parcel of land with an assessed value of P40,000 and P500,000 for damages

QUESTION #5(Effects)

a. Denial of Demurrer to Evidence in a civil case vs. Denial of Demurrer to Evidence in criminal case

a. Jurisdiction of MTC

b. Rendition of judgments and final orders and the remedies

c. When mistake has been made in charging the proper offense (Rule 119, section 19)

a. Production of Will; Allowance of Will Necessary (Rule 75, section 1)

b. Extrajudicial settlement of estate (Rule 74, section 1)

c. Venue in Judicial settlement of estate (Rule 73, sections 1 and 2)

a. Expropriation as to ascertainment of compensation (Rule 67, section 5)

a. Filing of a Demurrer to evidence in criminal case vs. Filing of Demurrer to evidence in a civil case

b. Reverse trial

a. Bill of Particulars

QUESTION #6

a. Judicial Foreclosure of real estate mortgaged

a. Burden of Proof vs. Burden of Evidence

b. Competency of the witness vs. Credibility of the witness

c. Legislative facts

a. When civil action may proceed independently (Rule 111,section3) (breach of

a. Certiorari as a mode of appeal from RTC or CA to the SC

b. Certiorari as a special civil action from

a. Arrest

b. Plain view doctrine

a. Attachment bond and counterbond


vs. Adjudicative facts

d. Hearsay evidence and Opinion evidence

e. Questions of law and Questions of fact

f. Lack of specific denial (Rule 10)

contract, quasi-delict, and culpa criminal)

RTC or CA to the SC

c. Certiorari as a mode of review of the decisions of NLRC and Constitutional Commissions

QUESTION #7a. Bill of Particulars a. Partial

Summary Judgment is an interlocutory order

b. Rules on Summary Procedure (Sec. 11)

c. Double Jeopardy

a. Writ of Preliminary Attachment

a. Mode of appeal from the decision of the Division of the Court of Tax Appeals

a. Cancellation or Correction of entries in the civil registries (Rule 108)

b. Failure to make a formal offer of evidence

a. Writ of Execution/Notice of Garnishment

QUESTION #8a. Writ of Habeas

Corpus a. Contract of Carriage

b. Warrantless Arrest

c. Preliminary Investigation

a. Judgment on the pleadings

a. Jurisdiction of the CA to review the decisions in criminal and administrative cases of the Ombudsman

a. Jurisdiction over unlawful detainer case (Rule 70)

b. Summary settlement of estates (Rule 74, section 1)

c. Production of Will; Allowance of Will necessary (Rule 75,

a. Offer of compromise not admissible (Rule 130, section 27)


section 1)

QUESTION #9

a. Jurisdiction over settlement of estate of a deceased person

a. Counterclaim

b. Marital Privilege Rule (exception)

a. Amendments of a complaint as a matter of right

a. Requisites of Writ of Preliminary Injunction and Final Writ of Injunction (Rule 58,section 9)

b. Injunction as an ancillary remedy vs. Injunction as a main action

a. Mandamus a. Search Warrant in RA 9165

QUESTION #10

a. Search incident to a lawful arrest

a. DNA evidenceb. Self-incrimination

c. Waiver of the right to counsel during custodial investigation

a. Third-party complaint

a. Temporary Restraining Order

b. Injunction without a bond (Rule 58, section 4 (b))

c. Duration of a TRO issued by the Executive Judge

d. TRO vs. Status Quo order

e. Authority of a justice of a Division of the CA to issue TRO

a. Certificate of Non-forum shopping

b. Execution by motion or by independent action (Rule 39, section 6)

a. Jurisdiction over the person of the accused

QUESTION #11


a. Injunction against the President of the Philippines

a. Cancellation or correction of entries in the civil registry

a. Interlocutory order

b. Judgment vs. Opinion of the Court

a. Amendment of the complaint

b. Supplemental pleading

QUESTION #12


a. Finality of a judgment

b. Habeas Corpus/Motion to nullify the execution of his sentence

a. Personal Service of Summons

a. Filing of a second notice of appeal

QUESTION #13

a. Jurisdiction over the complex crime

a. Motion to quash the Information on the ground of more than one offense is charged and lack of jurisdiction

a. Production of Will; Allowance of Will necessary (Rule 75)

b. When and to whom Letters of Administration granted (Rule 78, sec. 6)

a. Modes of Discovery

(whether applicable to special proceedings)

QUESTION #14

a. Provisional Dismissal

a. Search Warrant a. Bail as a matter of right vs. Bail as a matter of discretion

a. Disqualification by reason of privileged communication

QUESTION #15

a. Dismissal in a criminal case on

a. Double Jeopardy (Rule 117, section 7)

a. Disqualificatio n by reason of marriage (Rule

a. Writ of execution issued against


nolle prosequi 130, section 22) persons not impleaded in the complaint

QUESTION #16

a. Reversal of the Resolution of the Provincial Prosecutor by the Sec. Of Justice

a. Res gestae Independently Relevant Statement

b. Opinion of ordinary witnesses

a. Requirements as to admission of guilt during custodial investigation

a. The Witness Protection, Security and Benefit Act (RA No. 6981)

a. Admissibility of extrajudicial confession during custodial investigation

QUESTION #17a. Preponderance of

evidence vs. Substantial evidence

a. Instances when RTC may take judicial notice of

a. Authority of the Office of the Solicitor General to represent before the RTC

b. Mandamus to compel contractual obligations

a. Unlawful Detainer

QUESTION #18a. Independent

Relevant Statement

b. Proof of lack of record

(Rule 132, section 28)

a. RA 6770b. RA 3019 (Section

13)

a. Petition for Letters of Administration by common law wife

QUESTION #19 a. Posting of bail under Rule


a. Admissibility of Electronic Evidence

102 or Criminal Procedure after being convicted in violation of BP 22

QUESTION #20

a. Offer of testimonial evidence

b. Res Inter Alios Acta Rule

a. Privileged Communication

QUESTION #21 Certiorari jurisdiction of the SC under the Constitution vs. Jurisdiction over Certiorari under Rule 65 of the Civil Procedure

Instances where the CA may act as a trial court

BAR EXAMINATION2009


BAR EXAMINATION2012

QUESTION #1a. probative value of

DNA evidence.b. One-Day

Examination of Witness Rule

c. Injunction d. doctrine of

adoptive admission

e. Summons

a. marital privilege b. hearsay c. dying declaration

a. Motion to Withdraw Information

b. Jurisdiction : non bailable offense

QUESTION #2a. Jurisdiction :

recover the ownership and possession

b. foreclosure of the mortgage

a. Original Jurisdiction: admiralty and maritime claims

a. Chain of custodyb. Precautionary

principle

QUESTION #3a. certification of

non-forum shopping

b. jurisdiction : non resident citizen

c. jurisdiction over real property

d. non-forum shopping

a. Jurisdiction: unlawful detainer

b. Accion publiciana

a. Distinguish error of jurisdiction from error of judgment

b. jurisdiction


FREQUENTLY ASKED QUESTIONS IN REMEDIAL LAW BAR EXAMINATIONS FROM 1997 TO 2008:

JURISDICTION COUNTERCLAIM

VENUE Marital Privilege Rule (exception)

ADMISSIONS Writ of Preliminary Attachment


EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS Hearsay evidence (exceptions to the Hearsay Rule)

AMENDMENT OF THE COMPLAINT Declaration of Default

WRIT OF HABEAS CORPUS/WRIT OF HABEAS DATA/WRIT OF AMPARO Writ of Preliminary Injunction

BAIL Disqualification by reason of marriage

INFORMATION Certiorari (Rule 65)

DEMURRER TO EVIDENCE Modes of Discovery The Writ of Execution

SUMMONS Probate of will Warrant / Arrests/Searches/

Certificate of Non-forum shopping Evidence

Quo Warranto Trial in Absentia
