Bar Examination Questionnaire for Remedial Law Set A (8) Which of the following precepts forms part of the

rules governing small claims? (A) Permissive counterclaim is not allowed. (B) The court shall render its decision within 3 da s after hearing. (!) "oinder of separate claims is not allowed. (#) $otion to declare defendant in default is allowed. (%&) As a rule' the (udge shall receive the evidence personall . )n which of the following circumstances ma the court delegate the reception of evidence to the cler* of court? (A) When a +uestion of fact arises upon a motion. (B) When the trial of an issue of fact re+uires the e,amination of a long account. (!) )n default or e,-parte hearings. (#) .pon motion of a part on reasona/le grounds. (%0) Bearing in mind the distinction /etween private and pu/lic document' which of the following is admissi/le in evidence without further proof of due e,ecution or genuineness? (A) Baptismal certificates. (B) 1fficial record of the Philippine 2m/ass in 3ingapore certified / the 4ice- !onsul with official seal. (!) #ocuments ac*nowledged /efore a 5otar Pu/lic in 6ong 7ong. (#) .n/lemished receipt dated #ecem/er 0&' %889 signed / the promisee' showing pa ment of a loan' found among the well-*ept file of the promissor. (0%) &&8-88:-&&&% )n which of the following instances is the +uantum of evidence 2;;1521.3<= applied? (A) in Writ of Amparo cases' su/stantial evidence. (B) to satisf the /urden of proof in civil cases' preponderance of evidence. (!) to overcome a disputa/le presumption' clear and convincing evidence. (#) to re/ut the presumptive validit of a notarial document' su/stantial evidence. (3&) )n a case' the prosecutor as*ed the medical e,pert the +uestion' >Assuming that the assailant was /ehind the deceased /efore he attac*ed him' would ou sa that treacher attended the *illing?> )s this h pothetical +uestion permissi/le? (A) 5o' since it as*s for his legal opinion. (B) =es' /ut conditionall ' su/(ect to su/se+uent proof that the assailant was indeed /ehind the deceased at that time. (!) =es' since h pothetical +uestions ma /e as*ed of an e,pert witness. (#) 5o' since the medical e,pert has no personal *nowledge of the fact. (30) Arvin was caught in flagrante delicto selling drugs for P0&&'&&&.&&. The police officers confiscated the drugs and the mone and /rought them to the police station where the prepared the inventor dul signed / police officer 1scar $oreno. The were' however' una/le to ta*e pictures of the items. Will this deficienc destro the chain of custod rule in the drug case? (A) 5o' a /reach of the chain of custod rule in drug cases' if satisfactoril e,plained' will not negate conviction. (B) 5o' a /reach of the chain of custod rule ma /e offset / presentation in court of the drugs. (!) =es' chain of custod in drug cases must /e strictl o/served at all times to preserve the integrit of the confiscated items. (#) =es' compliance with the chain of custod rule in drug cases is the onl wa to prove the accused?s guilt /e ond reasona/le dou/t. (39) Which of the following admissions made / a part in the course of (udicial proceedings is a (udicial admission? (A) Admissions made in a pleading signed / the part and his counsel intended to /e filed. (B) An admission made in a pleading in another case /etween the same parties.

(!) Admission made / counsel in open court. (#) Admissions made in a complaint superseded / an amended complaint. (3:) !ind charged her hus/and' @eorge' with /igam for a prior su/sisting marriage with Teresa. !ind presented ;ic and Pat' neigh/ors of @eorge and Teresa in !e/u !it ' to prove' first' that @eorge and Teresa coha/ited there and' second' that the esta/lished a reputation as hus/and and wife. !an !ind prove the /igam / such evidence? (A) =es' the circumstantial evidence is enough to support a conviction for /igam . (B) 5o' at least one direct evidence and two circumstantial evidence are re+uired to support a conviction for /igam . (!) 5o' the circumstantial evidence is not enough to support a conviction for /igam . (#) 5o' the circumstantial evidence cannot overcome the lac* of direct evidence in an criminal case. (38) To prove pa ment of a de/t' Bong testified that he heard Am/o sa ' as the latter was handing over mone to Tessie' that it was in pa ment of de/t. )s Bong?s testimon admissi/le in evidence? (A) =es' since what Am/o said and did is an independentl relevant statement. (B) 5o' since what Am/o said and did was not in response to a startling occurrence. (!) 5o' since Bong?s testimon of what Am/o said and did is hearsa . (#) =es' since Am/o?s statement and action' su/(ect of Bong?s testimon ' constitutes a ver/al act. (38) !onsidering the +ualifications re+uired of a would-/e witness' who among the following is )5!1$P2T25T to testif ? (A) A person under the influence of drugs when the event he is as*ed to testif on too* place. (B) A person convicted of per(ur who will testif as an attesting witness to a will. (!) A deaf and dum/. (#) A mental retardate. (A0) #uring trial' plaintiff offered evidence that appeared irrelevant at that time /ut he said he was eventuall going to relate to the issue in the case / some future evidence. The defendant o/(ected. 3hould the trial court re(ect the evidence in +uestion on ground of irrelevance? (A) 5o' it should reserve its ruling until the relevance is shown. (B) =es' since the plaintiff could an wa su/se+uentl present the evidence anew. (!) =es' since irrelevant evidence is not admissi/le. (#) 5o' it should admit it conditionall until its relevance is shown. (A3) Ben testified that "aime' charged with ro//er ' has committed /ag-snatching three times on the same street in the last si, months. !an the court admit this testimon as evidence against "aime? (A) 5o' since there is no showing that Ben witnessed the past three ro//eries. (B) =es' as evidence of his past propensit for committing ro//er . (!) =es' as evidence of a pattern of criminal /ehavior proving his guilt of the present offense. (#) 5o' since evidence of guilt of a past crime is not evidence of guilt of a present crime. (AB) )n which of the following situations is the declaration of a deceased person against his interest 51T A#$)33)B<2 against him or his successors and against third persons? (A) #eclaration of a (oint de/tor while the de/t su/sisted. (B) #eclaration of a (oint owner in the course of ownership. (!) #eclaration of a former co-partner after the partnership has /een dissolved. (#) #eclaration of an agent within the scope of his authorit . (93) 6enr testified that a month after the ro//er Asiong' one of the accused' told him that !arlos was one of those who committed the crime with him. )s

6enr ?s testimon regarding what Asiong told him admissi/le in evidence against !arlos? (A) 5o' since it is hearsa . (B) 5o' since Asiong did not ma*e the statement during the conspirac . (!) =es' since it constitutes admission against a co-conspirator. (#) =es' since it part of the res gestae. (:0) Which of the following !A551T /e disputa/l presumed under the rules of evidence? (A) That the thing once proved to e,ist continues as long as is usual with things of that nature. (B) That the law has /een o/e ed. (!) That a writing is trul dated. (#) That a oung person' a/sent for 9 ears' it /eing un*nown whether he still lives' is considered dead for purposes of succession. (:9) !haracter evidence is admissi/le (A) in criminal cases' the accused ma prove his good moral character if pertinent to the moral trait involved in the offense charged. (B) in criminal cases' the prosecution ma prove the /ad moral character of the accused to prove his criminal predisposition. (!) in criminal cases' the /ad moral character of the offended part ma not /e proved. (#) when it is evidence of the good character of a witness even prior to impeachment. (8%) Which of the following matters is 51T A P;1P2; 3.B"2!T of (udicial notice? (A) Persons have *illed even without motive. (B) $unicipal ordinances in the municipalities where the $!T! sits. (!) Teleconferencing is now a wa of conducting /usiness transactions. (#) British law on succession personall *nown to the presiding (udge. (83) What is the effect and ramification of an order allowing new trial? (A) The court?s decision shall /e held in suspension until the defendant could show at the reopening of trial that it has to /e a/andoned. (B) The court shall maintain the part of its (udgment that is unaffected and void the rest. (!) The evidence ta*en upon the former trial' if material and competent' shall remain in use. (#) The court shall vacate the (udgment as well as the entire proceedings had in the case. (88) Which of the following is 51T ;2C.);2# of a declaration against interest as an e,ception to the hearsa rule? (A) The declarant had no motive to falsif and /elieved such declaration to /e true. (B) The declarant is dead or una/le to testif . (!) The declaration relates to a fact against the interest of the declarant. (#) At the time he made said declaration he was unaware that the same was contrar to his aforesaid interest. (88) To prove the identit of the assailant in a crime of homicide' a police officer testified that' And ' who did not testif in court' pointed a finger at the accused in a police lineup. )s the police officer?s testimon regarding And Ds identification of the accused admissi/le evidence? (A) =es' since it is /ased on his personal *nowledge of And ?s identification of the accused. (B) =es' since it constitutes an independentl relevant statement. (!) 5o' since the police had the accused identified without warning him of his rights. (#) 5o' since the testimon is hearsa .

(8&) )n which of the following cases is the testimon in a case involving a deceased /arred / the 3urvivorship #is+ualification ;ule or #ead $an 3tatute? (A) Testimon against the heirs of the deceased defendant who are su/stituted for the latter. (B) The testimon of a mere witness who is neither a part to the case nor is in privit with the latter. (!) The testimon of an oppositor in a land registration case filed / the decedent?s heirs. (#) The testimon is offered to prove a claim less than what is esta/lished under a written document signed / the decedent. (8%) The prosecution moved for the discharge of ;om as state witness in a ro//er case it filed against Eoilo' Amado' and him. ;om testified' consistent with the sworn statement that he gave the prosecution. After hearing ;om ' the court denied the motion for his discharge. 6ow will denial affect ;om ? (A) 6is testimon shall remain on record. (B) ;om will /e prosecuted along with Eoilo and Amado. (!) 6is lia/ilit ' if an ' will /e mitigated. (#) The court can convict him /ased on his testimon . (8B) To prove that 3usan sta//ed her hus/and 2lmer' ;ico testified that he heard <eon running down the street' shouting e,citedl ' >3inasa*sa* daw ni 3usan ang asawa ni aF () heard that 3usan is sta//ing her hus/andF)> )s <eonDs statement as narrated / ;ico admissi/le? (A) 5o' since the startling event had passed. (B) =es' as part of the res gestae. (!) 5o' since the e,cited statement is itself hearsa . (#) =es' as an independentl relevant statement.