2016 (Criminal Law) Bar Exam Questions

[Skip the Instructions below and proceed to answer/discuss the 2016 Criminal Law bar exam questions: 12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

November 20, 2016
2:00 P.M. – 6:00 P.M

2016 BAR EXAMINA TIONS 

CRIMINAL LAW

INSTRUCTIONS

1. This Questionnaire contains eight (8) pages. Check the number of pages and make sure it has the correct number of pages and their proper numbers.

All the items have to be answered within/our (4) hours. Since there are twenty (20) questions, you have 12 minutes to answer each question, and 6 minutes to answer each sub-question. You may write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Bar Examination

Notebook in the same order the questions are posed. Write your answers only on the front ofevery sheet in your Notebook. Ifnot sufficient, then start with the back page of the first sheet and thereafter. Note well the allocated percentage points for each number, question, or sub-question. In your answers, use the numbering system in the questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the pertinent laws, rules, jurisprudence, and the facts.

A mere “Yes” or “No” answer without any corresponding explanation or discussion will not be given full credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. Do not re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous note/s or distinctive markingls on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner). Writing, leaving, or making any distinguishing or identifying mark in the exam Notebook is considered cheating and can disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

5 comments

  1. BAR EXAM QUESTION NO.1(REMEDIAL LAW)

    State at least five (5) civil cases that fall under the exclusive original
    jurisdiction of the Regional Trial Courts (RTCs). (5%)

    sUGGESTED ANSWER:

    1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

    (2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such the value exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

    (3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (200,000.00);

    (4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (200,000.00);

    (5) In all actions involving the contract of marriage and marital relations;

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  2. BAR EXAM QUESTION NO.2(REMEDIAL LAW)

    Briefly explain the procedure on “Interrogatories to Parties” under
    Rule 25 and state the effect of failure to serve written interrogatories.
    (2.5%)

    SUGGESTED ANSWER:

    Under Rule 25 of the Rules of Civil Procedure provides that;

    Section 1. Interrogatories to parties; service thereof. — Under the same conditions specified in section 1 of Rule 23, any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf. (1a)

    Section 2. Answer to interrogatories. — The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) days after service thereof unless the court on motion and for good cause shown, extends or shortens the time. (2a)

    Section 3. Objections to interrogatories. — Objections to any interrogatories may be presented to the court within ten (10) days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are resolved, which shall be at as early a time as is practicable. (3a)

    Section 4. Number of interrogatories. — No party may, without leave of court, serve more than one set of interrogatories to be answered by the same party. (4)

    Section 5. Scope and use of interrogatories. — Interrogatories may relate to any matters that can be inquired into under section 2 of Rule 23, and the answers may be used for the same purposes provided in section 4 of the same Rule. (5a)

    Section 6. Effect of failure to serve written interrogatories. — Unless thereafter allowed by the court for good cause shown and to prevent a failure of justice, a party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court, or to give a deposition pending appeal. (n)

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  3. BAR EXAM QUESTION NO.2b (REMEDIAL LAW)

    (b) Briefly explain the procedure on “Admission by Adverse Party” under
    Rule 26 and the effect of failure to file and serve the request. (2.5%)

    SUGGESTED ANSWER:

    Under Rule 26 of the Rules of Civil Procedure provides that;

    Admission by Adverse Party

    Section 1. Request for admission. — At any time after issues have been joined, a party may file and serve upon any other party may file and serve upon any other party a written request for the admission by the latter of the genuineness of any material and relevant document described in and exhibited with the request or of the truth of any material and relevant matter of fact set forth in the request. Copies of the documents shall be delivered with the request unless copy have already been furnished. (1a)

    Section 5. Effect of failure to file and serve request for admission. — Unless otherwise allowed by the court for good cause shown and to prevent a failure of justice a party who fails to file and serve a request for admission on the adverse party of material and relevant facts at issue which are, or ought to be, within the personal knowledge of the latter, shall not be permitted to present evidence on such facts. (n)

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