RMC Mock Bar Examination in Remedial Law

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MOCK BAR EXAMINATION IN REMEDIAL LAW

By: Atty. RMC

INSTRUCTIONS

1. This questionnaire contains two (2) pages including this page. Check the number of pages and
their proper sequencing. You may write notes on this questionnaire.

Read each question very carefully and write your answers in your Answer Sheet in the same order
as the questions. Write your answers only on the front page of every sheet. Note well the allocated
percentage points for each question or sub-question. In your answers, use the numbering system in
the questionnaire.

2. Answer the questions legibly, clearly, and concisely. Start each answer on a separate page. An
answer to a sub-question under the same number may be written continuously on the same page
and the immediately succeeding pages until completed.

3. Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the
pertinent laws, rules, and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING EXPLANATION OR


DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT FULLY
EXPLAIN YOUR ANSWERS ALTHOUGH THE QUESTION DOES NOT EXPRESSLY ASK FOR AN
EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION.

4. Do not write your name or any extraneous note/s or distinctive marking/s on your Answer Sheet
that can serve as an identifying mark/s (such as names that are not in the given questions, prayers,
or private notes). Writing, leaving, or making any distinguishing or identifying mark in the Answer
Sheet is considered cheating and can disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

I.

A died in Manila with a will. A is a Filipino citizen who owned real properties in Cebu and
Baguio City. His will provides that in case of his death, his estate should be settled before the courts
of Baguio City, where his favorite resthouse is located. Can the settlement of A’s estate be filed before
the courts of Baguio City?

II.

a. Can a probate court issue writs of execution?


b. Are there exceptions?

III.

May a judgment of conviction be modified or set aside by the trial court?


IV.

A and B are co-conspirators. In a criminal case filed against them, B was discharged as a state
witness but fails to testify against A. Can B be prosecuted again for the same offense?

V.

Can an accused waive his rights to fair trial?

VI.

ABC Lawfirm was hired by a corporate client to file a civil case. B, the lawfirm partner assigned
to represent the corporate client, filed the necessary complaint. However, due to heavy workload, B
failed to sign the same. May the other partners, A and C, be penalized for B’s lapses?

VII.

A filed a complaint for sum of money against B. B filed his answer therein without any
attachments. Can A file a rejoinder?

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