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Remedial Law Bar Q A 2023
Remedial Law Bar Q A 2023
by:
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1 BSC, LIB, LI.M., DCL, Founding Dean, Tomas Claudio Colleges, College of Law, Morong, Rizal;
Managing Partner, Moya Ablola Ebarle Law Firm; MCLE Lecturer on Trial Advocacy; Bar Reviewer
[Legal EDGE Review Center, Villasis Law Center, Powerhaus Review Center, Recoletos Law Center,
Magnicus Juris Reviews and Seminars Inc., UP Law Center, University of Cebu, Albano Bar Review
Center] Author [The 2000 Rules of Criminal Procedure, Notes and Cases (2017); The Revised
Guidelines on Continuous Trial in Criminal Cases in Relation to The 2000 Rules of Criminal Procedure
(2018); Bar Notes and Cases in Remedial Law (2018); Bar Notes and Cases in Criminal Law, 2018 &
2019; Notes and Cases in Remedial Law (Volumes I-IV), 2019; Notes and Cases in Civil Procedure,
Volume I (Parts I, II, IV), 2020; Notes and Cases in Remedial Law, Volume IV (Evidence), 2020; Notes
and Cases in Civil Procedure, Volume I (Part III), 2021], Bar Reviewer in Remedial Law Syllabus Based
(2021) Vols. I-IV; Professor in Civil Procedure, Criminal Procedure, Evidence, Special Proceedings,
Remedial Law Review I-II, Criminal Law I-II, Criminal Law Review [TCC-COL, TSU-SOL, NEU-COL, SSCR-
COL, UE-COL, BulSU-COL, UP-COL, UST-FCL, BU-COL, Wesleyan Phils.-COL, PUP-COL, UMAK-SOL
must be filed with the Court having jurisdiction over the amount
involved. (PNTC Colleges vs. Time Realty, G.R. No. 219698,
27 September 2021)(Second Division)[Hernando, J.] (Moya,
II, Pre-Week Reviewer in Remedial Law, p. 22, 2023 Ed.)[Under
Rule 6]
SUGGESTED ANSWER:
covered by her title was on the eastern portion rather than the
northern portion, contrary to their agreement. Hence, Regine filed
a “Petition for Annulment of Transfer Certificate of Title (TCT) and
Barangay Partition, with Prayer for Judicial Partition of the
Intestate Estate of the Spouses Milcah and James” against
Pauline. After trial, the court rendered judgment in favor of
Regine. Pauline then consulted a newly-minted lawyer, Atty. Terry,
who explained to her that there was a misjoinder of causes of
action when Regine included both annulment of TCT and the
barangay partition, as well as judicial partition in the petition.
Hence, the trial court erred when it ruled on both causes of action
instead of dismissing the petition of Regine. Is Atty. Terry
correct? Explain.
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Under Rule 14, Sec. 17, when the defendant does not reside
and is not found in the Philippines and the action affects the
personal status of the plaintiff or relates to, or the subject of
which is property within the Philippines, service may, by leave of
court, be effected out of the Philippines by personal service as
under Section 6; or as provided for in international conventions to
which the Philippines is a party; or by publication in a newspaper
of general circulation in such places and for such time as the
court may order, in which case a copy of the summons and order
of the court shall be sent by registered mail to the last known
address of the defendant, or in any other manner the court may
deem sufficient. In this case, there was no service made to the
last known address of Pam, thus the Order dated August 27, 2020
directing publication in a newspaper of general circulation in the
US is improper.
2 Perkin Elmer Singapore Pte Ltd. v. Dakila Trading Corporation, 556 Phil. 822, 838 (2007).
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3 Bernas, Joaquin G., The Constitution of the Republic of the Philippines, A Commentary, Volume 1, 1987 Edition, p. 393.
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note 43, at 595 and Republic v. Sali, 808 Phil. 343, 349-350
(2017); (Santos vs. Republic et al.,) Failure to comply with the
administrative procedure generally renders the petition dismissible for
failure to exhaust administrative remedies and for failure to comply
with the doctrine of primary jurisdiction. (Moya II, pp. 745-746,
Pre-Week Reviewer in Remedial Law, 2023 Ed.)
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10
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11
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Yes. Under Rule 130, Sec. 21, all persons who can perceive,
and perceiving, can make known their perception to others, may
be witnesses. In this case, the tender age of Rox by itself is not a
sufficient basis to render her incompetent so long as she has the
ability to perceive, remember and tell the truth in court.
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12
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13
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14
May 1991).