DEL MUNDO, GERALDINE R.

11 March 2016
11185546 SST II

Bar Questions: With Answers - Topic

REM REV LAW

1. a. General Principles - Totality Rule and cause of action

b. Jurisdiction

2. a. Summons
b. Pleadings and declaration on Default party

3. Jurisdiction of Special Courts Family Court

4. a. Grounds for dismissal and Cause of Action

b. Joinder of Indispensible Party

5. a. demurrer of evidence
b. Modes of discovery

6. a. Motion to Dismiss
b. Appeal

7. a. Judgment on the pleadings

b. Summary Judgment

8. a. Part of a Pleading
b. Execution and Provisional Remedies

9. a. Jurisdiction
b. RTC
c. jurisdiction - over the person

10. a. Requirements of Warrant of Arrest

b. Probable Cause and Motion to Quash

11. a. Petition for Certiorari - Jurisdiction of the Sandiganbayan

b. Provisional Remedies - Writ of Mandamus
c. Evidence - Testimony

12. a. CrimPro - Bail, Arraignment and inquest

b. Motion to Quash
c. Preliminary Investigation - Rights of a person - detention, right to counsel and proper
procedure in arresting

13. a. CrimPro- New Trial or Reconsideration and Provisional Remedies

 b. Jurisdiction and Provisional Remedies
c. Rights of the Accused both parties may pursue the remedies

14. a. Judicial Affidavit Rule

b. Judicial Affidavit Rule
c. Rules on the admissibility of evidence

15. Venue and Jurisdiction

16. a. Rule on the Examination of a Child Witness

b. Procedure in Examination of a Child witness
c. Procedure in CrimPro

17. a. Rights of the Accused, Preliminary investigation and search and seizure
b. Jurisdiction CrimPro
c. Cause of action CrimPro

18. a. Writ of amparo

b. Rules on the Institution of a writ of amparo
c. Rules on the Institution of Civil and Criminal Cases

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Remedial Law Syllabus:

General Principles
concept of Remedial Law

Jurisdiction:

Parties
subject matter
issues
Res or property in litigation
courts
Totality Rule
CivPro

1. Actions
2. Cause of Action
3. Parties to Civil Actions
4. Venue
5. Pleadings
a. kinds
 b. parts
c. default
d. filling and service
e. amendment
6. Summons
7. Motions
a. dismissal
b. pre-trial
c. intervention
d. subpoena
8. Modes of discovery
9. Trial
10. Demurrer to evidence
11. Judgments and final orders
post-judgment remedies
12. Execution, Satisfaction and Effect of Judgments
13. Provisional Remedies
14. special civil actions

SPECPRO

Settlement of estate

Production and probate of will

Allowance or disallowance of will

Claims against the estate

Distribution and Partition

Trustees

Escheat

Guardianship

Adoption

Writ of habeas corpus

Writ of amparo

Writ of Habeas Data

Change of name
Absentees

Cancellation or correction of entries in the Civil Registry

Appeals in special proceedings

CRIMPRO

General Provisions or Matters

Prosecution of offenses

Prosecution of civil action

Preliminary Investigation

Arrest

Bail

Rights of the accused

Arraignment and Plea

Motion to quash

Pre-trial

Trial

Judgment

New Trial or reconsideration

Appeal

Search and seizure

Provisional remedies

EVIDENCE

General Principles Concept of evidence, scope, admissibility and the like.

Judicial notice and judicial admissions

Object (real) evidence requisite of admissibility, chain of custody, Rule on DNA evidence and
the like.

Documentary evidence best evidence rule, rules on Electronic evidence, Parol evidence and the
like.

Testimonial evidence qualification and disqualification of witnesses; examination of witnesses;

admission and confessions; Hearsay Rule, Option rule and the like.

Offer and objections

REVISED RULES ON SUMMARY PROVISION

Cases

Effects of failure to answer

Preliminary Conference and appearances of parties

KATARUNGANG PAMBARANGAY LAW

Cases

Amicable settlement

Venue

When parties may directly go to court

Execution

Repudiation

RULE OF PROCEDURE FOR SMALL CLAIMS CASES

Scope and applicability of the rule

Commencement

Prohibited pleadings and motions

Appearances

Hearing duty of the judge

Finality of judgment

RULES OF PROCEDURE FOR ENVI CASES

Scope and applicability of the rule

1. Civil Procedure permanent and temporary environmental protection order

2. Special Proceedings writ of kalikasan, discovery measures and writ of continuing
mandamus
3. Criminal Proceeding who may file, arrest, procedure, bail, arraignment and
subsidiary liabilities
4. Evidence Precautionary principle and documentary evidence

JUDICIAL AFFIDAVIT RULE

Scope where applicable

Contents and Procedure

Application to criminal actions

Effect of non-compliance

Effects on other rules

EFFICIENT USE OF PAPER RULE