2018 Bar Exam Questions and Suggested Answers Civil LawAdmin
As decided in the case of Silverio v. Republic (G.R. No. 174689, 22 October 2007), our laws do not penalize a change of name and a correction of registration in the register of civil status with regard to sex due to a change of sex. A change of sex is not one of the reasons why a change of first name may be permitted under Republic Act No. 9048. The application for rectification of the registration relating to the sex of Silverio`s birth certificate cannot succeed, since that document did not contain an error and could not be corrected. Silverio was born a man. The sex of a person is determined at birth. Given that there is no law that legally recognizes sex change, determining a person`s sex at the time of birth is immutable unless accompanied by an error.
Don Deles, an entrepreneur, along with Mayor Dante Dungo and Congressman Dal Dilim, were prosecuted in front of the Ombudsman`s office for ignoring public funds. Danny Din, a key witness for plaintiff Diego Domingo, was hired by a construction company in Qatar as an engineer and had to leave in two (2) months. To confirm Danny Din`s testimony, Diego Domingo requested his conditional examination before the Sandiganbayan. PROPOSED ANSWERS TO QUESTIONS FROM THE 2018 BAR EXAM IN RESTRUCTURING LAW On February 3, 2018, Makati RTC Sheriff Danny Delucio issued the order granting Dinggoy`s ex parte sperm preservation claim against Dodong. The Order was duly received with Dodong`s document. On March 1, 2018, Sheriff Dodong served the complaint and subpoena related to the same case. Dodong`s lawyer filed a motion to dissolve the pleadings. Should the MTC proceed with the following case: (i) revised rules of summary procedure; (ii) the Rules of Procedure for Small Claims; or (iii) due process in civil matters? (5%) b) No, a foreign divorce decree between a foreign spouse and a spouse of the fili pino, which is not contested by both parties, is not in itself sufficient to annul the registration in the civil registry. Before a foreign divorce decree can be recognized by our courts, the party claiming it must prove the divorce as a fact and prove its compliance with the foreign law that allows it (Republic v. Manalo, G.R.
No. 221029, April 24, 2018). The Municipal Court of First Instance (MTC) is expected to hear the case under the Revised Small Claims Rules of Procedure (the “Revised Rules”). In accordance with the latest modification of these rules (En Banc Resolution of 10 July 2018 in A.M. No. 08-8-7-SC), the MTC applies the revised rules in all actions of a purely civil nature, where the claim or remedy for which the prayer is requested relates exclusively to the payment or reimbursement of a sum of money not exceeding PHP* 300,000.00 excluding interest and costs. (b) Is a foreign divorce decree between a foreign spouse and a Filipino spouse, not contested by both parties, sufficient to cancel the registration at the spouses` civil registry office? (2.5%) Dodo was knocked out in a fight with Dindo. He was taken to the Medical City emergency room, where he was examined and treated by Dr. Datu. When he was examined, a plastic bag that appeared to contain shabu fell from Dodo`s jacket lying on a chair next to him. Dodo was arrested by the same police officers who took him to the hospital.
During Dodo`s trial, the prosecutor called Dr. Datu to the witness stand. When prosecutor Dr. Datu objected to what he saw in the emergency room, Dodo`s lawyer disagreed, saying that doctor-patient privilege reigned. Danjo was repatriated to the Philippines in 2018. While Danjo was hiding in front of the House of Dys, which was only about 100 meters from the police station, SPO1 recognized Dody Danjo. When SPO1 Dody realized that the police station had a copy of Danjo`s arrest warrant, he immediately sued and arrested Danjo. Should Danny Din`s request for conditional review be granted? (2.5%) The case will be investigated before the Ombudsman`s office. There is still no trial of the case before the Sandiganbayan. Article 119, Article 15 of the Rules of Procedure on the conditional hearing of the prosecution witness shall be heard before the court before which the case is pending. Rule 119, rule 12, of the Rules of Procedure provides that a conditional hearing of prosecution witnesses may be requested if a person has been held responsible for a criminal offence.
In addition to this requirement, the applicant must prove that: (a) the witness is too ill or frail to appear at trial in accordance with the court order; (b) or is to leave the Philippines without a fixed date of return, he may be heard without delay before the judge or tribunal before which the case is pending, subject to reservation.