2017 (Remedial Law) Bar Exam Questions: Question 12

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-XII-

A.

Judgment was rendered against defendant Jaypee in an action for unlawful detainer. The judgment ordered Jaypee to vacate and to pay attorney’s fees in favor of Bart, the plaintiff.

To prevent the immediate execution of the judgment, would you advise the posting of a supersedeas bond as counsel for Jaypee? Explain your answer briefly? (2%).

B.

A temporary restraining order (TRO) was issued on September 20, 2017 by the RTC against defendant Jeff enjoining him from entering the land of Regan, the plaintiff.

On October 9, 2017, upon application of Regan, the trial court, allegedly in the interest of justice, extended the TRO for another 20 days based on the same ground for which the TRO was issued.

On October 15, 2017, Jeff entered the land subject of the TRO. May Jeff be liable for contempt of court? Why? (4%)

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