A defendant who failed to move for dismissal on the ground of the court’s lack of jurisdiction over the

subject matter of the case, who actively participated in the trial of the case and who repeatedly sought
affirmative reliefs from the trial court, is barred by laches and estoppel from raising the issue of the trial
court’s lack of jurisdiction in his appeal.

1/1

True

False

An action for foreclosure of real estate mortgage where the assessed value of the mortgaged property
P20,000.00 falls within the exclusive original jurisdiction of the RTC.

1/1

True

False

An action for specific performance to compel the defendant to execute a deed of absolute sale of a
parcel of land with an assessed value of P19,000.00 in favor of the plaintiff falls within the exclusive
original jurisdiction of the MTC.

1/1

True

False

An action where the plaintiff prays that the defendant be ordered to vacate the leased premises or pay
P450,000.00 in back rentals falls within the exclusive original jurisdiction of the RTC.

1/1
True

False

Being the highest tribunal and the only constitutional court in the Philippines, the Supreme Court is the
only court of general jurisdiction.

1/1

True

False

Some civil actions need not be based on a cause of action.

1/1

True

False

The Rules of Court shall be strictly construed unless doing so would subvert rather than promote their
objective of securing a just, speedy and inexpensive disposition of all cases.

1/1

True

False

The plaintiff may file with the RTC a complaint joining an action to recover the sum of P450,000.00 and
an action for unlawful detainer against the defendant.

1/1
True

False

The exclusion of a joint debtor from the complaint will not prevent the court from proceeding with the
trial of the case and rendering a valid and binding judgment.

1/1

True

False

The plaintiff’s failure to implead as defendant a solidary debtor is not a bar for the court to proceed with
the trial, render a valid and binding judgment and accord the plaintiff complete relief.

1/1

True

False

The court may, motu proprio or on motion, dismiss the complaint for plaintiff’s failure without a valid
cause to comply with its order to join a defendant who is a necessary party.

1/1

True

False

The court may, motu proprio or on motion, dismiss the complaint for plaintiff’s failure to join a
defendant who is an indispensable party despite being ordered to do so.
0/1

True

False

Correct answer

False

Thousands of residents in two adjoining subdivisions who have been using an access road for years on a
daily basis to go to and come from a number of neighboring cities may file a class suit to compel a real
estate developer which closed the road to repair and reopen the same.

1/1

True

False

Despite a stipulation in the construction contract entered into by the plaintiff and defendant that any
action arising therefrom shall be filed exclusively in the proper court of Pasay City, the plaintiff properly
filed an action for annulment of the construction construct in the RTC of Quezon City where he resides.

1/1

True

False

Under the newly amended rules, a reply, which is a responsive pleading to the answer, may be
responded to.

1/1

True
False

The only distinction between a compulsory counterclaim and a permissive one is that the former arises
from the same transaction from where the claim of the plaintiff against the counterclaimant arose while
the latter arises from a different transaction.

0/1

True

False

Correct answer

True

A plaintiff may file a cross-claim against his co-plaintiff.

1/1

True

False

While, as a rule, only initiatory pleadings are required to be under oath, there are instances when an
answer or reply must be verified.

1/1

True

False

By stating in his answer that he does not know whether a fact alleged in the complaint is true or not, the
defendant is deemed to have specifically denied it.

0/1

True

False

Correct answer

True

In an action for legal separation, the court, upon motion of the plaintiff, may declare the defendant in
default for failure to file his answer within the prescribed period.

0/1

True

False

Correct answer

True

After declaring the defendant in default, the court may, motu proprio render judgment based on the
allegations in the complaint.

0/1

True

False

Correct answer

True
After being served a copy of the defendant’s motion to dismiss based on the court’s lack of jurisdiction
over the subject matter of the case, the plaintiff may, as a matter of right, amend the complaint so as to
confer jurisdiction on the court.

1/1

True

False

Upon motion, the court may declare the defendant in default for his failure to file his answer to the
amended complaint within 15 calendar days from notice of the amended complaint.

0/1

True

False

Correct answer

False

Upon the filing of a motion for a bill of particulars, the court may grant the same outright without
waiting for the plaintiff to file its opposition within five days from notice thereof.

1/1

True

False

In the absence of a return, a party is presumed to have been served notice of a court setting if court
record shows that notice was mailed to him at least 30 days before the scheduled hearing and he resides
within the judicial region of the court.

1/1
True

False

An action for declaration of absolute nullity of marriage is an action in rem because it is directed not
against a specific defendant but to a res which is the status of the plaintiff.

1/1

True

False

An action for forcible entry in an action in personam and a real action because it is directed against a
specific defendant seeking to make him liable for the delivery of real property to the plaintiff.

1/1

True

False

An action for foreclosure of real estate mortgage is an action quasi in rem because, while it names a
specific defendant, the action is directed not against him but to a res which is the mortgaged property,
and the purpose of the action is to subject the defendant’s interest in the res for the payment of an
obligation burdening the res.

1/1

True

False
Under the newly amended rules, there is no instance when the sheriff cannot serve the summons on the
defendant.

0/1

True

False

Correct answer

False

If the defendant is residing outside the judicial region of the court, the court has no option but to
authorize the plaintiff to serve the summons on the defendant.

1/1

True

False

Should the defendant refuse to accept the summons being handed to him and to sign for its receipt, the
sheriff may tender the summons to him and such tender shall be equivalent to service of summons in
person.

1/1

True

False

When spouses are sued jointly, service of summons on one spouse is service of summons on the other.

1/1

True
False

If the defendant corporation’s president is out of the office on official business, summons may be served
on his secretary.

1/1

True

False

If all the defendant corporation’s responsible officers and their secretaries have tested positive for covid-
19 and are in quarantine, summons may validly be served on the security guard at the company’s
principal office who is in-charge of receiving mails and correspondences for the company.

1/1

True

False

In an action for sum of money, the court will acquire jurisdiction over the person of the defendant who is
not a resident and is not found in the Philippines upon service of summons upon him by any of the
modes of extraterritorial service of summons.

1/1

True

False

In an action for specific performance, service of summons by publication on the defendant whose
whereabouts are unknown will vest on the court jurisdiction over him.
1/1

True

False

Under the amended rules, a motion to dismiss is, as a rule, a prohibited motion.

1/1

True

False

A motion for new trial which is not set for hearing is a pro-forma motion which will not toll the running
of the period for taking an appeal.

1/1

True

False

Upon the filing of a litigious motion, the adverse party is not entitled to a hearing, his only right being to
file an opposition to the motion within 5 days from receipt thereof.

1/1

True

False

The plaintiff may refile his complaint if it was dismissed on the ground of his failure to prosecute his
action for an unreasonable length of time.
0/1

True

False

Correct answer

False

The only recourse of the plaintiff whose complaint was dismissed for his failure to appear at the pre-trial
is to appeal the order of dismissal, refiling the complaint being not an option.

1/1

True

False

The court shall deny the intervention if it is shown that it will unduly delay or prejudice the adjudication
of the rights of the parties although the intervenor’s rights cannot be fully protected in a separate action.

0/1

True

False

Correct answer

False

The intervenor shall file an answer-in-intervention if he has a common interest with the defendant in
resisting the claim of the plaintiff.

1/1

True
False

The witness may move to quash the subpoena on the ground that he is a detention prisoner and the
permission of the court before which his case is pending was not obtained.

1/1

True

False

The deposition of a witness taken properly before the filing or during the pendency of an action may not
be admitted by the court if it is shown that the witness is available to testify in court.

1/1

True

False

The court may prevent a party from presenting evidence to prove certain material and relevant facts
within the personal knowledge of the adverse party if he failed to file and serve a request for admission
of such facts on the adverse party.

1/1

True

False

When several cases are consolidated in one court, the joined cases are merged into a single action and a
single judgment is rendered.
1/1

True

False

The real ground for a demurrer to evidence is the failure of the plaintiff to prove by at least prima facie
evidence the material facts alleged in the complaint constituting his cause of action against the
defendant.

1/1

True

False

The order of the court granting the demurrer to evidence is null and void if it fails to clearly and distinctly
state the facts and the law on which it is based.

1/1

True

False

Within 5 days from his receipt of the demurrer to evidence, the plaintiff shall file his opposition thereto
otherwise the court may resolve the motion without his opposition.

0/1

True

False

Correct answer
True

If after the plaintiff has rested his case, the court finds that he failed to prove by at least prima facie
evidence the material allegations in the complaint, it may motu proprio dismiss the case on demurrer to
evidence.

1/1

True

False

For failure of the answer to tender any issue, the court properly granted the plaintiff’s motion for
judgment on the pleading despite the fact that the defendant raised new matters in his answer by way of
affirmative defenses which, under the rules, are deemed controverted.

0/1

True

False

Correct answer

False

If it determines that the answer failed to tender any issue either by specific denial or affirmative
defenses, the court may, motu proprio, render judgment on the pleadings.

0/1

True

False

Correct answer
True

A judgment is rendered when the judge signs the copy of the judgment which he personally and directly
prepared, clearly and distinctly stating the facts and the law on which it is based.

0/1

True

False

Correct answer

False

The date of entry of judgment pertains not to the day when the clerk of court entered the judgment in
the book of entries of judgments but to the day when the period to appeal expired without any party
perfecting one.

0/1

True

False

Correct answer

True

The trial court properly granted the aggrieved party’s motion for new trial alleging that his substantial
rights during the trial were impaired by his own counsel’s mistakes and blunders due to his ignorance,
inexperience and incompetence.

0/1

True
False

Correct answer

False

Although it was undisputed that the new evidence was discovered after the trial, the court properly
denied the motion for new trial after it was shown that the movant could have easily discovered the
evidence before the trial if only he exercised a modicum of diligence.

1/1

True

False

If the aggrieved party has the grounds to file a motion for reconsideration, he may choose to appeal the
adverse judgment instead.

0/1

True

False

Correct answer

True

If the aggrieved party has the grounds to file a motion for new trial, he may choose to appeal the
adverse judgment instead.

1/1

True

False
An appeal from a judgment of the MTC in a land registration case shall be taken to the RTC by filing a
notice of appeal with the MTC which rendered the judgment.

0/1

True

False

Correct answer

False

An order of the MTC acting as a probate denying the money claim of a creditor shall be appealed to the
RTC by filing a record on appeal with the MTC which issued the order.

0/1

True

False

Correct answer

True

If the judgment appealed from was rendered by the RTC in the exercise of its appellate jurisdiction and
the appeal raises only pure questions of law, the appeal shall be taken by filing a petition for review
under Rule 42 with the Court of Appeals.

1/1

True

False
An appeal from a resolution of the Civil Service Commission shall be taken by filing a petition for review
under Rule 43 with the Court of Appeals.

1/1

True

False

If the judgment appealed from was rendered by the RTC in the exercise of its original jurisdiction and the
appeal raises only pure questions of law, the appeal shall be taken by filing a petition for review on
certiorari under Rule 45 with the Supreme Court.

1/1

True

False

If the judgment appealed from was rendered by the RTC in a petition for writ of amparo and the appeal
raises both questions of fact and questions of law, the appeal shall be taken by filing a petition for review
on certiorari under Rule 45 with the Supreme Court.

1/1

True

False

An appeal from a judgment rendered by the Court of Appeals whether in the exercise of its original or
appellate jurisdiction shall be taken by filing a petition for review on certiorari under Rule 45 with the
Supreme Court provided only pure questions of law are raised in the appeal.

1/1

True
False

In civil cases, without exception, all appeals to the Supreme Court are by way of Rule 45.

1/1

True

False

An appeal by notice of appeal is deemed perfected in respect to the appellant upon the filing of the
notice of appeal with the trial court which rendered the judgment.

1/1

True

False

An appeal under Rule 42 is deemed perfected upon the filing of the petition for review with the Court of
Appeals.

0/1

True

False

Correct answer

True

A judgment rendered by the Court of Tax Appeals en banc shall be appealed by filing a petition for
review under Rule 43 with the Court of Appeals.
True

False

An appeal by record on appeal is deemed perfected upon the filing of the record on appeal with the trial
court which rendered the judgment.

1/1

True

False

The trial court which rendered the judgment shall lose jurisdiction over the case upon the perfection of
an appeal and the transmittal of the record of the case to the appellate court.

1/1

True

False

The trial court may exercise residual jurisdiction from the time it loses jurisdiction over the case and until
such time as the record of the case is still with it.

1/1

True

False

A party who was prevented from presenting his evidence during the trial by fraud, accident, mistake or
excusable negligence may, in lieu of a motion for new trial, file a petition for relief from judgment if he
learns of the judgment only after its entry.

1/1

True

False

Since it was shown that the negligence of petitioner’s counsel was so gross as to amount to collusion
with the adverse party in causing petitioner’s defeat, the Court of Appeals correctly granted the petition
for annulment of judgment on the ground of extrinsic fraud.

1/1

True

False

The Court of Appeals correctly annulled the judgment of the RTC after it was shown that the RTC acted
with grave abuse of discretion amounting to lack of jurisdiction in rendering it.

0/1

True

False

Correct answer

False

The Court of Appeals may validly annul the RTC’s judgment if it is shown that the trial court failed to
acquire jurisdiction over the person of the defendant.

0/1

True
False

Correct answer

True

Execution of judgment is a matter of right when the judgment of the trial court or, if an appeal has been
perfected, the judgement of the appellate court, has become final and executory.

1/1

True

False

A writ of execution issued after 5 years from entry of judgment is perfectly valid provided the motion for
its issuance was filed within 5 years from entry of judgment.

1/1

True

False

Under the amended rules, a motion for execution of judgment is a non-litigious motion.

True

False

An action for revival of judgment rendered by the MTC shall be filed with the RTC.

1/1
True

False

A writ of execution may be enforced within 5 years from entry of judgment regardless of when it was
issued during the 5-year period.

1/1

True

False

The advanced age and precarious health of the appellee are “good reasons” to allow execution pending
appeal.

1/1

True

False

The court may properly grant the judgment obligee’s motion for discretionary execution despite the
pendency of the judgment obligor’s motion for reconsideration of the judgment.

1/1

True

False

A violation of the Comprehensive Dangerous Drugs Act punishable by imprisonment of 4 years, 2 months
and 1 day falls within the exclusive original jurisdiction of the MTC.
1/1

True

False

A violation of the Comprehensive Dangerous Drugs Act punishable by imprisonment of 10 years

committed by a minor shall be cognizable exclusively by the Family Court.

0/1

True

False

Correct answer

True

A student regent of UP who was not receiving any salary may be charged in the Sandiganbayan if it was
alleged in the information that she committed estafa in relation to her office.

1/1

True

False

If the offense charged in the information is homicide but the specific facts alleged therein constitute the
crime of murder, the accused may be convicted of murder if all the elements thereof are proved beyond
reasonable doubt.

1/1

True
False

After all the four accused have entered a plea of not guilty to the crime of murder, the court may
properly allow the prosecution to amend the information by alleging that the four accused confederated
and conspired with each other in committing the crime.

1/1

True

False

The criminal action for bigamy should be suspended on the ground that a prejudicial question exists in a
previously instituted civil action to declare the accused’s first marriage void ab initio.

1/1

True

False

In issuing the warrant of arrest, the judge may wholly rely on the determination of probable cause by the
office of the public prosecutor.

1/1

True

False

Despite personally finding probable cause, the judge may or may not issue a warrant of arrest if the
accused is charged with an offense punishable by imprisonment of less than 4 years, 2 months and 1 day
but is not covered by the revised rule on summary procedure.

1/1
True

False

An accused who has been released on bail and who attempts to depart from the Philippines without
permission from the court where his case is pending may be validly arrested without a warrant.

1/1

True

False

The RTC may deny bail to an accused charged with homicide if it is shown that he is a flight risk and is
likely to commit another crime if released on bail.

1/1

True

False

An accused who has been convicted of homicide may not be denied bail if it was shown during the bail
hearing that none of the bail-negating circumstances exist.

0/1

True

False

Correct answer

False
The accused may move to quash the information on the ground that he was deprived of his right to a
preliminary investigation.

1/1

True

False

An accused who has been acquitted after a full-blown trial of the crime of Violation of B. P. Blg. 22 for
issuing Check No. 1007 may no longer be charged with estafa for issuing Check No. 1007 on the ground
of double jeopardy.

1/1

True

False

The appellate court violated the accused’s right against double jeopardy when it increased the penalty
imposed by the trial court on him.

1/1

True

False

The victim of rape who got pregnant and gave birth to a child may apply for support pendente lite for her
child in the civil action instituted with the criminal action.

0/1

True

False
Correct answer

True

If the accused filed a motion for reconsideration of the judgment of conviction rendered by the RTC, he
may file the notice of appeal within 15 days from his receipt of the order denying his motion for
reconsideration.

0/1

True

False

Correct answer

True

For purposes of a warrantless search, an object is in plain view when, despite its being inside a package,
it is easily observable to the police officer because of the transparent nature of the package.

1/1

True

False

Despite the absence of a warrant, a “stop and frisk” search is valid when the police officer has a genuine
reason to believe, based on his experience and the surrounding conditions, that the person to be
searched has weapons concealed about him.

1/1

True
False