finals rem 2 exam (october 25, 2013)

8/17/2019 Finals Rem 2 Exam (October 25, 2013)

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REM 2 FINALS EXAMINATION

OCTOBER 25, 2013

QUESTIONS

1. Elements of dying declaration?

2. Counsel asked: “How and when you were able to know the defendant.” s

o!!osing counsel" what would be your ob#ection?

$. %hat is rela&ed admissibility of e'idence?

(. %hat is curati'e admissibility?

). Counsel asked: “*sn+t it !ossible for the accused to be at the scene of the

crime.” s o!!osing counsel" what would be your ob#ection?

,. %hat is the doctrine of continuing threat?

-. !!ointment of regular administrator? emedy? How?

/. %hat is a hostile witness?

0. %hat is the lial !ri'ilege rule?

1. %hat is the statute of non3claims?

11. *n a claim for dismissal" who has the burden of !roof?

12. *s inter'ention by an un!aid creditor allowed in the settlement of estate?

1$. !!ointment of s!ecial administrator? emedy? %hy?

1(. d'erse decision of Habeas Cor!us? emedy?

1). %hat is the se&ual abuse shield?

1,. 4rder of inclusion of !ro!erties? emedy?

1-. %hat is an interlocutory confession?

1/. e5uisite of a 'alid #udicial admission?

10. %hen can an e&tra3#udicial admission become a #udicial admission?

2. lternati'e remedies of mortgagee in case of death of mortgagor?

21. %hat is an inde!endent rele'ant statement?

22. %hat is the doctrine of !resumed identity?


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2$. E&ce!tions to the limitation of !resentation of ob#ect e'idence?

2(. %hen will ule ,) a!!ly in a s!ecial !roceeding?

2). emedy on disallowance of claim of creditor in the settlement of estate?

2,. 6eclaration of heirshi!? emedy?

2-. recruited 7C6. has no license to recruit. 7C6 led an illegal recruitment

case against . 7C6" still not contented" led a case of estafa against at the

same court. 8he counsel of led a motion to dismiss the case of estafa on the

ground of double #eo!ardy. 6ecide on the motion.

2/. e5uisite of a lost or destroyed will in order for it to be !robated?

20. %hat is 9alsa 6emonstracion 6on ucet?

$. %hat is re'i'al of !resent memory?

$1. foreign will was not !robated in accordance with the foreign country and

not made in accordance with the foreign law. Can it be !robated here in the ;hil.?

$2. *nstances of warrantless arrest in en'ironmental cases?

$$. %hat is the 5uantum of e'idence in the criminal as!ect of en'ironmental

cases?

$(. 6enition of clear and con'incing e'idence?

$). ational bought land in the ;hili!!ines. ater" he sold it to a 9ili!ino

citien. 8he Chinese >ational died. 8he @o'ernment" u!on ac5uiring knowledge

of such fact of death" in'estigated the history of the !ro!erty. A!on knowing that

the !ro!erty sold originally belong to the Chinese >ational" the go'ernment

instituted escheat !roceeding. *s the !roceeding !ro!er? emedy?


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(1. %hat is e5ui!onderance of e'idence?

(2. 7C are s5uatter on the land of 6. 6 led a case for unlawful detainer against

7C and obtained a fa'ourable #udgment. 8he court then issued a writ of

demolition. 7C led to the court a writ of am!aro on the ground of danger to life

and security?

($. 8he court ordered the accused for 6> testing. 6uring the !resentation of

e'idence" the result of the 6> test cannot be !resented because it was missing.

%hat is the eBect?

((. How to 5uestion im!ro!riety of 6> testing?

(). ra!ed 7. 7 was able to identify as the assailant. 6uring trial" the 6> test

shows that the semen does not belong to . 6ecide.

(,. greement admits of two inter!retations........ ord 7acon rule to....

hehehehehehehe

(-.


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)-. *n the abo'e !roblem" if the case was ele'ated to the 8C on a!!eal. *s

allowed?

)/. 8C rendered a decision. 8he 8C assailed the decision of the 8C through

certiorari. emedy? How?

)0. EBect of grant of 6> testing?

,. Court ordered 6> testing. ccused refused. emedy?

,1. re testimonies gi'en greater weight than aIda'its? %hy?

,2. e5uisite of #udicial confession?

,$. *s the court re5uired to take #udicial notice of documents which are rele'ant

to the issue of the case? %hy?

,(. %hich of the following is consistent with broadside ob#ection?

,). %hich of the following does not constitute double #eo!ardy?

,,. ule 121" is allowed?

,-. and 7 are sweethearts. 7 broke u! with . s retaliation" then te&t a

!hoto sho!!ed !icture of a nude body with the su!erim!osed face of 7. 8he

!icture was then !resented for e'idence. 8he counsel of raised an ob#ection on

the ground of non3admissibility in criminal !roceedings. 6ecide.

,/. and 7 are talking about the disbursement of funds. C o'erheard it through

his two way radio then recorded the whole con'ersation. %hen called to testify"

he !resented in e'idence the recording of the con'ersation. *s the recording

admissible in e'idence?

,0. and 7 are talking about a car accident that ha!!ened to C. died. 7 was

then called to testify on the con'ersation he had with . C ob#ected on the

ground of hearsay. 6ecide.

-. ;iola" an incoming male model" ha'e two se&ual organ. 9iled a ;etition for

change of name? 6ecide.

-1. Jenny Kagandahan3il'erio is an illegitimate child. *n her birth certicate it

a!!ears the she is legitimate. he wants then to remo'e the “il'erio” as !art of

her name due to her being an illegitimate child. emedy.

-2. e5uirements in order for alibi to be a 'alid defense?

-$. Cory+s estate owns an a!artment unit which had been leased to @loria but

she failed to !ay the monthly rentals for one year amounting to (t. >oynoy

being the administrator of the estate led a case before the court for an action

for reco'ery of !ossession of the !ro!erty and !ayment of rentals. 6uring the

!laintiB+s !resentation of e'idence" counsel for @loria asked >oynoy regardingthe statement of Cory to @loria that “the latter can stay in the !remises as long


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as she wants.” *f you were the counsel for >oynoy" %hat is your ground for

ob#ection? FockbarG

-(. died in his home in Lamboanga City lea'ing !ro!erties located in

;am!anga and


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“In order to preserve your self-respect, it is sometimes necessary to lie

and cheat”

- Robert Bryne

finals rem 2 exam (october 25, 2013)

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