REMEDIAL LAW REVIEW II
FINAL EXAM
Andres Bonifacio College School of Law
Atty. Richelle A. Noblefranca
1. Immediately before he died of gunshot wounds to his chest, Bryan
told the attending physician in a very feeble voice, that it was Paul, his
co-worker, who had shot him. Bryan added that it was also Paul who
had shot Rey, the man whose cadaver was lying on the bed beside
him. In the prosecution of Paul for the killing of Bryan and Rey, are
all the statements of Bryan admissible as dying declarations? Explain
your answer.
2. Mercy filed an action for compulsory recognition with prayer for
support against Simon, her putative father. During trial, she presented
and identified the following documents on the witness stand: 1) the
birth certificate of Mercy reflecting Simon as the father of Mercy per
information supplied by the mother of Mercy, but was unsigned by
Simon; and 2) letters from the siblings of Simon, addressed to private
schools where Mercy was enrolled, which attested that Simon is the
father of Mercy and that he regularly supports her education. Rule on
the admissibility and sufficiency of the documents as evidence of acts
or declarations about pedigree. Explain briefly.
3. Rafa, while driving his Maserati, smashes into the jeepney of Jeff.
Immediately after the incident, Rafa offers to pay the value of the
jeepney. Jeff still sued Rafa for Reckless Imprudence because of
Rafa’s wayward and speedy driving. During trial, Jeff was called as
witness to testify on Rafa’s offer to compromise as an admission of
guilt. Rafa’s counsel objected. If you were the judge, how would you
rule on the objection? Explain briefly.
4. Betty was charged with Falsification of a Public Document for
allegedly falsifying her daily time record. During the trial, Betty’s
lawyer presented Betty’s officemate, Nellie, to prove that she
personally saw the Betty signed her daily time record (DTR) and to
identify the Betty’s signature on the said DTR. The prosecution
objected on the ground that Nellie is not a handwriting expert, hence,
her opinion is inadmissible. Rule on the objection of the prosecution.
5. The victim walked to Nikki’s house from her house, crying, and told
Nikki that she was raped by her father three times, a few hours earlier.
The houses of Nikki and the victim were in the same municipality.
The victim told Nikki how the rapes happened. The victim later died.
Nikki testified on what the victim told her and further testified that the
period the victim told her when the crime happened to the time Nikki
arrived at her house, was the period it would take to arrive at Nikki’s
house from the victim’s house by walking. Will the testimony of
Nikki as to what the victim said as to the rape be admissible under res
gestae?
6. In a case for Attempted Parricide brought against Michael by his wife,
Joyce, their son, Nestor, was called as a witness for the prosecution.
Michael’s counsel objected, invoking the filial privilege rule.
Meanwhile, in a separate case for Serious Physical Injuries also
brought against Michael, but this time by his son, Nestor, Joyce was
called to testify against Michael. Michael’s counsel objected, invoking
the marital disqualification rule. Should the objections of Michael’s
counsel in both cases be sustained? Explain.
7. Nellie, an illiterate, sold a parcel of land to Carmen. Nellie was made
to believe by Carmen that the document she thumbmarked was a deed
of sale of Lot 1 when in fact it described Lot 2. Carmen filed a suit to
recover Lot 2 from its present possessor. Sarah, the defendant, called
Nellie to testify for her that what she really intended to sell was Lot 1.
Can Carmen object to the testimony on the ground of violation of the
parol evidence rule?
8. In the trial of a civil case for annulment of title plus damages, counsel
for the plaintiff presented a xerox copy of the subject document which
the plaintiff sought to nullify due to fraud supposedly perpetrated by
the defendant. The defendant's counsel objected, citing the Original
Document Rule.
(a) As counsel for the plaintiff, how do you respond to the
objection of the defendant's counsel?
(b) Imagine that you are the Judge, how would you rule on the
objection of the defendant’s counsel?
9. Rey started a romantic relationship with Rachel, a 14-year old girl.
Rachel, using the cellphone of her mother, Maan, would converse
with Rey on Facebook Messenger. In one of their conversations, Rey
coaxed Rachel to send photos of her private parts, to which Rachel
relented. Maan later discovered this conversation when Rachel forgot
to log out her Facebook account on Maan’s phone, prompting Rachel
to delete the messages on her account. Maan, however, forced Rachel
to open Rey’s Facebook messenger account to get a copy of their
conversation. He was subsequently convicted for violation of RA
9775, or the Anti-Child Pornography Act. Are the photos and
messages obtained by the mother from a Facebook messenger account
admissible as evidence in court? Explain.
10.Suspect Jeprox was invited by the police to come aboard their car.
Thereafter, the police got involved in a firefight at a 7-11 store,
resulting in the death of one gunman and one officer. On that
occasion, Jeprox disappeared but left his cellphone in his cab. The
police officer obtained the phone and while pretending to be Jeprox,
he was able to cause the entrapment and arrest of the suspects in the
killing. Jeprox was arrested and was charged with murder. The text
messages sent to the phone recovered from the taxi driven by Jeprox
made references to the 7-11 shootout. May the transcript of the text
messages be used in evidence against the accused?
