Bar Exams Question 2006 - 2010

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BAR EXAMINATION 2006
REMEDIAL LAW

REMEDIAL LAW|
- I -
1. What is the concept of remedial law? 2%
2. Distinguish between substantive law and remedial law. 2% 3. How are remedial laws implemented in our system of government? 2% 4. Distinguish jurisdiction from venue? 2%
5. What do you mean by (a) real actions; and (b) personal actions? 2% - II -
What court has jurisdiction over an action for specific performance filed by a subdivision homeowner against a subdivision developer? Choose the correct answer. Explain. 2.5% 1. The Housing and Land Use Regulatory Board

2. The Securities and Exchange Commission
3. The Regional Trial Court
4. The Commercial Court or the Regional Trial Court designated by the Supreme Court to hear and decide "commercial cases". - III -
1. What is forum shopping? 2.5%
2. Honey filed with the Regional Trial Court, Taal, Batangas a complaint for specific performance against Bernie. For lack of a certification against forum shopping, the judge dismissed the complaint. Honey's lawyer filed a motion for reconsideration, attaching thereto an amended complaint with the certification against forum shopping. If you were the judge, how will you resolve the motion? 5%

- IV -
Jojie filed with the Regional Trial Court of Laguna a complaint for damages against Joe. During the pre-trial, Jojie and her counsel failed to appear despite notice to both of them. Upon oral motion of Jojie, Joe was declared as in default and Jojie was allowed to present her evidence ex palte. Thereafter, the court rendered its Decision in favor of Jojie. Joe hired Jose as his counsel. What are the remedies available to him? Explain. 5% - V -

May Congress enact a law providing that a 5,000 square meter lot, apart of the UST compound in Sampaloc, Manila, be expropriated for the construction of a park in honor of former City Mayor Arsenio Lacson? As compensation to UST, the City of Manila shall deliver its 5-hectare lot in Sta. Rosa, Laguna originally intended as a residential subdivision for the Manila City Hall employees. Explain. 5% - VI -

Explain each mode of certiorari:
a. As a mode of appeal from the Regional Trial Court or the Court of Appeals to the Supreme Court. 2.5% b. As a special civil action from the Regional Trial Court or the Court of Appeals to the Supreme Court. 2.5% c. As a mode of review of the decisions of the National Labor Relations Commission and the Constitutional Commissions. 2.5% - VII -

Mark filed with the Bureau of Internal Revenue a complaint for refund of taxes paid, but it was not acted upon. So, he filed a similar complaint with the Court of Tax Appeals raffled to one of its Divisions. Mark's complaint was dismissed. Thus, he filed with the Court of Appeals a petition for certiorari under Rule 65. Does the Court of Appeals have jurisdiction over Mark's petition? 2.5 - VIII -

Does the Court of Appeals have jurisdiction to review the Decisions in criminal and administrative cases of the Ombudsman? 2.5% - IX -
1. What are the requisites for the issuance of (a) a writ of preliminary injunction; and (b) a final writ of injunction? 2.5% 2. Distinguish between injunction as an ancillary remedy and injunction as a main action. 2.5% - X -

1. Define a temporary restraining order (TRO). 2%
2. Maya Regional Trial Court issue injunction without bond? 2% 3. What is the duration of a TRO issued by the Executive Judge of a Regional Trial Court? 2% 4. Differentiate a TRO from a status quo order. 2%

5. Maya justice of a Division of the Court of Appeals issue a TRO? 2% - XI -
1. What is an interlocutory order?
2. What is the difference between a judgment and an opinion of the court? 2.5% - XII -
Tina Guerrero filed with the Regional Trial Court of Bifian, Laguna, a complaint for sum of money amounting to P1 Million against Carlos Corro. The complaint alleges, among others, that Carlos borrowed from Tina the said amount as evidenced...
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