Bar Exams Question 2006 - 2010
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
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