Bar Examination Questions and Answers Flashcards
2013 Remedial Law Bar Examination
I-B. Alfie Bravo filed with the Regional Trial Court of Caloocan a complaint for a sum of money against Charlie Delta. The claim is for Php 1.5 Million. The complaint alleges that Charlie borrowed the amount from Alfie and duly executed a promissory note as evidence of the loan. Charlie’s office secretary, Esther, received the summons at Charlie’s office. Charlie failed to file an answer within the required period, and Alfie moved to declare Charlie in default and to be allowed to present evidence ex parte. Ten days later, Charlie filed his verified answer, raising the defense of full payment with interest.
If declared in default, what can Charlie do to obtain relief?
If Charlie is declared in default, he has the following remedies to wit:
(1) He may, at any time after discovery of the default but before judgment, file a motion, under oath, to set aside the order of default on the ground that his failure to answer was due to fraud, accident, mistake, or excusable neglect, and that he has a meritorious defense (Rule 9, Section 3(b) of the 2019 Amendments to the 1997 Rules of Court - Civil Procedure);
(2) If judgment has already been rendered when he discovered the default, but before the same has become final and executory, he may file a motion for new trial (Rule 37, Section 1(a) of the 2019 Amendments to the 1997 Rules of Court - Civil Procedure);
(3) If he discovered the default after the judgment has become final and executory, he may file a petition for relief (Rule 38, Sections 1 and 2 of the 2019 Amendments to the 1997 Rules of Court - Civil Procedure); and
(4) He may also appeal from the judgment rendered against him as contrary to the evidence or to the law, even if no petition to set aside the order of default has been presented by him (Rule 40, Section 9 & Rule 41, Section 1 of the 2019 Amendments to the 1997 Rules of Court - Civil Procedure, but in this case since it is the appeal of an RTC ruling, Rule 41, Section 1 of the 2019 Amendments to the 1997 Rules of Court - Civil Procedure, which is more appropriate). (GR 169919)
Additional remedies to address judgment by default:
(5) Motion for Reconsideration (Rule 37, Section 1 of the 2019 Amendments to the 1997 Rules of Court - Civil Procedure);
(6) Annulment of Judgments of Final Orders and Resolutions (Rule 47, Section 2 of the 2019 Amendments to the 1997 Rules of Court - Civil Procedure); and
(7) Petition for Certiorari (Rule 65, Section 1 of the 2019 Amendments to the 1997 Rules of Court - Civil Procedure).
2013 Remedial Law Bar Examination
I-B. Alfie Bravo filed with the Regional Trial Court of Caloocan a complaint for a sum of money against Charlie Delta. The claim is for Php 1.5 Million. The complaint alleges that Charlie borrowed the amount from Alfie and duly executed a promissory note as evidence of the loan. Charlie’s office secretary, Esther, received the summons at Charlie’s office. Charlie failed to file an answer within the required period, and Alfie moved to declare Charlie in default and to be allowed to present evidence ex parte. Ten days later, Charlie filed his verified answer, raising the defense of full payment with interest.
If declared in default, what can Charlie do to obtain relief?
The court committed grave abuse of discretion when it declared the defending party in default despite the latter’s filing of an Answer. Thus, a petition for certiorari under Rule 65 is the proper remedy. In GR 190754, the Supreme Court held that where the answer is filed beyond the reglementary period but before the defendant is declared in default and there is no showing that the defendant intends to delay the case, the answer should be admitted. Thus, it was an error to declare the defending party in default after the Answer was filed (GR 144568). After all, the defect in the service of the summons was cured by Charlie’s filing of a verified answer raising only the defense of full payment. The belated filing of the verified Answer amounts to voluntary submission to the jurisdiction of the court and waiver of any defect in the service of the summons.
2012 Taxation Law Bar Examination
- The Commissioner of Internal Revenue issued a BIR ruling to the effect that the transaction is liable to income tax and value added tax. Upon receipt of the ruling, a taxpayer does not agree thereto. What is his proper remedy?
a) File a petition for review with the Court of Tax Appeals within thirty (30) days from receipt thereof
b) File a motion for reconsideration with the Commissioner of Internal Revenue
c) File an appeal to the Secretary of Finance within thirty (30) days from receipt thereof
d) File an appeal to the Secretary of Justice within thirty (30) days from receipt thereof
c) File an appeal to the Secretary of Finance within thirty (30) days from receipt thereof
2012 Taxation Law Bar Examination
- Where the real property tax assessment is erroneous, the remedy of the property owner is:
a) to file a claim for refund in the Court of Tax Appeals if he has paid the tax, within thirty (30) days from date of payment.
b) to file an appeal with the Provincial Board of Assessment Appeals within thirty (30) days from receipt of the assessment.
c) to file an appeal with the Provincial Board of Assessment Appeals within sixty (60) days from receipt of the assessment.
d) to file an appeal with the Provincial Board of Assessment Appeals within sixty (60) days from receipt of the assessment and playing the assessed tax under protest.
c) to file an appeal with the Provincial Board of Assessment Appeals within sixty (60) days from receipt of the assessment.
2012 Mercantile Law Bar Examination
- The legal remedy of the warehouseman in case of conflicting claims is to ______.
a) file an action for interpleader
b) give the goods to the first one who first presented the warehouse receipt
c) use his discretion as to who he believes has the prior right
d) keep the goods and appropriate them to himself
a) file an action for interpleader
