Remedial Law MCQ

University of Cebu
College of Law
UCLASS Bar Operations
Remedial Law Society
REMEDIAL LAW
MULTIPLE CHOICE
QUESTIONS
2012
by:
Civil Procedure Evidence Special Proceedings and
Sub-group Leader Sub-group Leader: Special Civil Actions
Jhonryl Caluya Sarah Vanessa Lacno Sub-group Leader:
Members: Members: Jimson Yankee
Michelle Liao Leonides Alcoy
Rodelo Damaolao Norberto Robel
Provisional Remedies
Criminal Procedure Sub-group Leader:
Sub-group Leader Lilian delos Santos
Cindy Baguio Member:
Member: Adrian Gutang
Euvic Ferrer
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References: Law Textbooks, Codes, Reviewers, Notes, Compilations, Articles and Internet Sources
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Remedial Law Multiple Choice Questions
University of Cebu College of Law UCLASS Bar Operations: Remedial Law Society
Multiple Choice Questions b. Filing fee

c. Venue
Set I d. Cause of action
(Source: PALS)
8. Which of the following matters may NOT be subject
1. It refers to family history or descent transmitted of discretionary judicial notice?
from one generation to another.
a. Those of public knowledge
a. Inheritance b. Those capable of unquestionable demonstration
b. Heritage c. Those known to legislators because of their
c. Pedigree legislative functions
d. Culture d. All of the above
2. The authority of the court to take cognizance of the 9. Decision of the NLRC shall be reviewed, reversed or
case in the first instance modified by:
a. Appellate jurisdiction a. Secretary of Labor

b. General jurisdiction b. Supreme Court
c. Original jurisdiction c. Court of Appeals
d. Exclusive jurisdiction d. President
3. Which of the following is not covered by the Rules on 10. A civil action is commenced by the filing of the
Summary Procedure? original complaint in court which consists of:
a. Violation of rental laws a. The delivery of the complaint in court

b. Violation of traffic laws b. Receipt of the complaint if done by mailing
c. The penalty is more than six months of c. Payment of docket fee
imprisonment d. Receipt of summons and complaint
d. The penalty does not exceed six months
imprisonment 11. Leave of court is always required when you file:
4. The residue of the estate of a decedent may be a. Motion to amend complaint

distributed to the heirs, even before all the b. Counterclaim
obligations of the estate have been paid if the c. Third party complaint
distributees or any of them gives a bond to d. Cross-claim
guarantee the payment of the unpaid obligations
within the time fixed by the court. 12. What is the nature of a pre-trial?
a. In a sum fixed by the court a. Optional

b. In an amount equal to twice the said unpaid b. Mandatory
obligations c. Voluntary
c. A cash bond equal to the amount of the said d. Discretionary
unpaid obligations
13. It is the formal mode of implementing the
5. The requisites of admissibility of evidence are: constitutional right of the accused to be informed of
the nature of the cause of the accusation against
a. Relevant and complete him.
b. Relevant and direct
c. Relevant and competent a. Arrest
d. None of the above b. Arraignment
c. Plea
6. Which of the following is not subject of mandatory d. Promulgation
judicial notice?
14. A probate court can:
a. Political history of the Philippines
b. The laws of nature a. Issue writs of execution in all cases
c. Political constitution of states b. Not issue a writ of execution in any case
d. Admiralty and maritime courts of the world c. Issue a writ of execution in only three instances
d. Not issue a writ of execution in testate
7. The claim for damages, interest, attorney’s fees, cost succession
of suit, etc. in the complaint is necessary in the
determination of
a. Jurisdiction
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2
15. The venue of a petition for the escheat of the estate a. Estoppels en pais
of a decedent who was a resident of the Philippines b. Prescription
is: c. Res judicata
d. Estoppel by laches
a. His residence at the time of his death
b. Any of the places where his properties are 23. If the parties have agreed on a venue for actions
located arising out of the contract they entered into, the said
c. Any of the places where he resides agreement shall bind them if:
d. The place where he last resided
a. It is in writing and incorporated in the contract
16. The venue of a petition for guardianship of a minor b. It is either the residence of the plaintiff or
or incompetent who resides in the Philippines is: defendant
c. The agreement contains qualified and restrictive
a. His residence words that it shall be filed only the said place
b. The residence of the guardian d. The agreement is not a contract of adhesion
c. The place where any of his properties is located
d. Anywhere in the Philippines 24. What is the nature of the right to appeal, which is
extended to the accused?
17. A return of a writ of habeas corpus is considered
prima facie evidence of the causes of the detention a. Constitutional right
if: b. Absolute right
c. Personal right
a. Made by the public officer d. Both a and c
b. Made by the private person
c. The detention is pursuant to a warrant of arrest 25. Which of the following is NOT correct? The
extrajudicial settlement of the estate of a decedent is
18. The following defenses and objections not pleaded allowed:
either in a motion to dismiss or in the answer are not
deemed waived. Which is the exception? a. When he died testate
b. When he died intestate
a. Jurisdiction over the subject matter c. Regardless of the value of his estate
b. Jurisdiction over the person of the defendant d. When he was not survived by children
c. Litis pendencia
d. Res judicata 26. Does the rule require that a civil action be
prosecuted by the real party in interest?
19. This is conferred by the pleadings or express consent
of the parties: a. Yes, otherwise the one who files the case would
have no personality
a. Jurisdiction over the issues b. No, as long as the real party in interest was
b. Jurisdiction over the res informed of the filing thereof
c. Jurisdiction over the subject matter c. Yes, because the real party in interest stands to
d. Jurisdiction over the person be benefited or lost by the judgment
d. No, because a civil action may be prosecuted in
20. Action to recover damages is an action: the name of the real party in interest
a. In rem 27. What would be the words you would NOT use in a
b. In personam petition for certiorari to characterize the action of the
c. Quasi in rem respondent?
d. In pari material
a. Exceeding jurisdiction
21. If the claim is considered capable of pecuniary b. Arbitrary, wanton and despotic
estimation, jurisdiction would depend on the: c. Bereft of any authority
d. An abuse of discretion
a. Location of the property
b. Common question of law or fact 28. In an original action for certiorari, prohibition,
c. Amount of the claim mandamus, quo warranto, when does the court of
d. Singularity of transaction appeals acquire jurisdiction over the person of the
respondent?
22. The failure of a party to timely object to the
jurisdiction of the court will eventually bar him from a. By the service of summons upon him
questioning the court’s jurisdiction because of the b. By the service of a copy of the petition on him
principle of: c. Upon the service on him of the order or
resolution of the court appeals indicating its
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initial action on the petition or by his voluntary a. Court within whose territorial jurisdiction a crime
submission to the jurisdiction of the court was committed
appeals b. Court where the criminal action is filed
c. Court within the judicial region where the crime
29. What is not allowed to happen in enforcing a foreign was committed if the place of the commission of
judgment in the Philippines? the crime is known
a. The court with which the action to enforce the d. Court where the criminal action is pending
foreign judgment is filed takes judicial notice of 34. After a judgment has become final and executor, the
the foreign judgment following may constitute the remedy of the losing
b. The party who files the action presents a party. Identify the improper remedy:
certified true copy of the judgment by the clerk
of the court of the foreign tribunal that rendered a. Petition for relief
it b. Action to annul the judgment
c. The party who files the action present a c. Motion for new trial or reconsideration
certification from the Philippines diplomatic d. A and b
representative in the said foreign country that
the person who issued the copy is the legal 35. The court denied the demurrer to evidence filed by
custodian thereof the defendant. Hence, the defendant:
d. All of the above
a. Loses the right to present the evidence
30. All except one of the following is hearsay: b. Does not lose his right to present his evidence
c. Can be compelled by the court to present his
a. An affidavit of a witness to the execution of a evidence
document who was not presented as a witness d. Has the option whether to present or not his
in the trial evidence
b. The testimony of the owner of a building found
on the record prepared according to the verbal 36. On what ground may a party ask for the dismissal of
statements of his employees a complaint if there is failure to comply with the
c. The testimony of a complainant regarding text requirement of prior conciliation before the
messages he received from a respondent barangay?
d. The testimony of a police inspector that he was
told by others that there were several gambling a. Absence of cause of action
houses in a town among them those of b. Pleading asserting the claim states no cause of
defendants action
c. Failure to comply with a condition precedent
31. Which of the following matters need to be proven by d. A and c only
the parties to an action?
37. An order granting a motion to dismiss on following
a. Facts which are admitted or which are not grounds shall bar the refilling of the same action or
denied in the answer provided they have been claim
sufficiently alleged
b. Those which are the subject of an agreed a. (1) bar by a prior judgment or the statute of
statement of facts between the parties limitations; (2) payment, waiver, abandonment
c. Facts which are not subject to judicial notice or extinguishment of the claim; and (3)
d. Those admitted by any party unenforceability under the statute of frauds
b. (1) bar by a prior judgment or the statute of
32. Which of the following is NOT a requisite for the limitations; (2) payment, waiver, abandonment
admissibility of a dying declaration? or extinguishment of the claim; and (3) lack of
jurisdiction over the subject matter
a. The declaration relates to the facts or c. (1) litis pendentia; (2) payment, waiver,
circumstances pertaining to the fatal injury or abandonment or extinguishment of the claim;
death and (3) lack of jurisdiction over the subject
b. The declarant is dead matter
c. The declaration is made in connection with a d. (1) bar by a prior judgment or the statute of
starling occurrence limitations; (2) improper venue; and (3)
d. The declarant would have been competent to unenforceability under the statute of frauds
testify had he survived
38. The defendant whose property is seized by virtue of
33. When the criminal action has already been instituted, a writ of replevin has the following remedies:
an application for search warrant shall be filed in
the: a. Filed a third-party claim or a terciera action
b. Question the issuance of the writ if replevin for
being without legal basis
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c. Question the sufficiency of the bond of the

plaintiff 43. Which is NOT one of the requisites in order for an
d. Obtain a writ of preliminary injunction to compel accused to be discharged as a state witness?
the return of the property
a. There is absolute necessity for the testimony of
39. Which of the following CANNOT be issued ex parte: the accused whose discharge is requested
b. The testimony of said accused can be
a. Writ of preliminary injunction substantially corroborated in its weak points
b. Writ of replevin c. There is no direct evidence available for the
c. Support pendent lite proper prosecution of the offense committed,
d. None of the above except the testimony of the accused
d. Said accused has not at anytime been convicted
40. In what case is intent to defraud on the part of the of any offense involving moral turpitude
defendant not needed before a writ of preliminary
attachment may issue? 44. One of the following is unlawful:
a. In an action for money or property converted by a. Warrantless arrest

use by a pubic officer b. Warrantless search
b. In an action against a party who is about c. Search incidental to a lawful arrest
dispose of his property d. Arrest incidental to a lawful search
c. In an action against a non-resident defendant
who is not found in the Philippines 45. What is the remedy of the accused when he is not
d. In an action to recover possession of a property brought to trial within the time limit mandated under
against a defendant about to depart from the R.A No.8493?
Philippines
a. Move that the case be immediately submitted
41. Is a carbon copy of a document regarded as original for decision based only on the evidence
document under the best evidence rule? presented as per record of the case
b. Move for the dismissal of the information on the
a. Yes. When an entry is repeated in the regular ground of denial of his right to speedy trial
course of business, one being copied from c. Move for demurrer based on insufficiency of
another at or near the time of the transaction, evidence for the prosecution
all the entries are likewise equally regarded as d. Move for dismissal of the information on the
originals ground of denial of his right to confront and
b. Yes. When a document is in two or more copies cross-examine witnesses against him at trial
executed at or about the same time, with
identical contents, all such copies are equally 46. If an accion publiciana and forcible entry are joined
regarded as originals by the plaintiff against several defendants, there is:
c. Yes. When the original document has been lost
or destroyed, or cannot be produced in court a. Joinder of causes of action
d. Yes. When the original document is in the b. misjoinder of causes of action
custody or under the control of the adverse c. Joinder of parties
party and fails to produce it despite reasonable d. Misjoinder of parties
notice
47. A motion to dismiss is considered a hypothetical
42. Why is there no declaration of default in cases for admission of the facts alleged in the complaint when
nullity of marriage, annulment of marriage and legal the ground for dismissal is:
separation?
a. Lack of capacity to sue
a. The grounds for nullity of marriage, annulment b. Suit is between members of the same family
of marriage and legal separation cannot be and no earnest efforts toward a compromise
subject for compromise under article 2035 of the have been made
new civil code c. Failure to state a cause of action
b. Where no answer is filed, or if the answer does d. Improper venue
not tender an issue, the court shall order the
public prosecutor to investigate whether 48. Which statement is the most accurate?
collusion exists between the parties
c. The filing of a motion for declaration of default is a. The court’s action in a petition for declaratory
prohibited under the Rule on Declaration of relief is purely discretionary, in all cases under
Absolute Nullity of Void Marriages and Rule 63. Hence, it may dismiss any case if it will
Annulment of Voidable marriages and under the not terminate the controversy
Rule on Legal Separation b. Court action is mandatory in all cases of
d. All of the above declaratory relief under Rule 63. Hence, it
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cannot dismiss a case but must decide it on the c. Is admissible in any case wherein the death of
merits the declarant is the subject of injury, as
c. Court action is discretionary, except that in evidence of the cause and surrounding
quieting of title, reformation of instruments and circumstances of such death
consolidation, the court must decide d. Is not admissible in any case brought for being
d. The court may not dismiss a petition for hearsay
declaratory relief, except in cases of quieting of
title, reformation of instruments and 54. Probate does not consider:
consolidation
a. Whether the will was executed in accordance
49. Declaratory relief is proper in which of the following: with law
b. Whether the will is intrinsically valid
a. To question or clarify whether a certain law has c. Whether the will was freely executed
been violated d. Whether the testator was insane
b. To quiet title over real property 55. Which is NOT correct? A special administrator has
c. To clarify the status of persons the power to:
d. To confirm rights under a judgment of a court
a. Commence and maintain suits as administrator
50. Which of the following is proper subject matter for a b. Take possession of the estate of the deceased
petition for certiorari under Rule 65? c. Sell any property of the estate without court
authority
a. Issuance of a writ of execution pending appeal d. Pay the debts of the deceased upon the order of
in an ejectment case where the defendant- the court
appellant fails to make periodic deposits of the
rentals under the appealed decision 56. The following are the grounds that would justify a
b. Capricious dismissal of a criminal case or motu propio dismissal of the complaint by the court.
acquittal of accused Which is the exception?
c. Reversal of the prosecutor’s findings of probable
cause on the ground that the prosecution a. Improper venue
witnesses were unreliable b. Failure of plaintiff to appear on the date for
d. Denial of a motion to dismiss on the ground of presentation of his evidence in chief
failure to implead proper parties c. Failure to prosecute the action for an
unreasonable length of time
51. A letter sent to a private party by the accused d. Failure to comply with the Rules
admitting that he killed the victim is:
57. After a judgment has become final and executory,
a. Inadmissible for being hearsay the following may constitute a remedy of the losing
b. Inadmissible for being violative of the right party. Which is the exception?
against self-incrimination
c. Admissible for being a party admission a. Petition for relief
d. Admissible for being both a party admission and b. Action to annul the judgment
a confession c. Motion for a new trial or consideration
d. Any of a or b
52. A question that is answerable by “yes” or “no” is:
58. When a person is interested under a deed, will,
a. Necessarily a leading question contract or other written instrument and whose
b. Is allowed at all times as a means of avoiding rights are affected by a statute, executive order or
delay in the presentation of witnesses regulation, before the breach or violation thereof,
c. Is not allowed at all because it suggests the may file a petition for declaratory relief in order:
answer which the proponent seeks to elicit from
the witness a. To determine the effectivity of a statute
d. Not necessarily leading question b. To seek for affirmative relief, specifically for
damages
53. A dying declaration c. To seek for a declaration of the petitioner’s
rights or duties
a. Is admissible only in criminal cases wherein the d. To find ways to attack the constitutionality of an
death of the decedent of the declarant is the executive order
subject of injury, as evidence of the cause and
surrounding circumstances of such death 59. When is a preliminary investigation required?
b. Is admissible in civil and criminal cases wherein
the death of the declarant is the subject of a. In all cases regardless of the penalty for the
injury, as evidence of the cause and surrounding offense charged
circumstances of such death
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b. In cases where the penalty for the offense d. No, because improper venue may be waived for
charged is before four (4) years, two (2) months failure to object to it.
and one (1) day of prision correccional
c. In cases where the minimum penalty for the 64. Mr. PP, a resident of Quezon City was sideswiped
offense charged is four (4) years, two (2) while he was walking along a narrow street by a car
months and one (1) day of prision correccional negligently driven by Mr. DD, a resident of Manila.
Any suit for damages should be filed in:
60. The testimony of a lay witness that the accused
appeared nervous: a. Makati city where the incident happened
b. The place stipulated upon by the parties after
a. Is inadmissible for being an opinion for being the incident
opinion of an ordinary witness c. Manila, the residence of Mr. DD
b. Is admissible under the rule on impression d. Quezon City if Mr. PP so desires
testimony
c. Is admissible as an exception to the opinion rule 65. Mr. Santos, the defendant in an action for annulment
d. Is admissible under any rule of evidence of marriage failed to file his answer, under the
61. Fe sued Al for specific performance of a contract to circumstances:
sell executed between Fe and Pat, Al’s deceased
father. Al is the sole heir of Pat. Copy of the contract a. The court shall order Mr. Santos to file his
was attached to the complaint. Al filed an answer answer
specifically denying the genuineness and due b. The court may motu propio declare Mr. Santos
executive of the document. Is there an implied in default
admission thereof by Al? c. The court may declare Mr. Santos in default
upon motion of Mrs. Santos and prove the
a. Yes, because he did not set up an affirmative defendant’s failure to answer
defense d. The court shall order the prosecuting attorney to
b. No, because the claim did not survive the death determine whether or not collusion exists
of Pat between the parties
c. Yes, because the answer was not verified
d. No, because Al is not a party to the contract 66. Mr. PP sued Mr. DD who in his answer generally
denied the material allegations in the complaint. Mr.
62. In a complaint for annulment of real estate mortgage PP should file:
filed by Dante against Nona, Dante stated that he
was defrauded into signing the mortgage contract. a. A demurrer to evidence
During trial, Dante, without objection, presented b. A motion for bill of particulars
evidence that the mortgaged property was conjugal c. A motion for summary judgment
property and that his wife did not give her written d. A motion for judgment on the pleadings
conformity thereto. No amendment of the complaint
was made. May the court renders judgment 67. The written agreement between AA, a resident of
annulling the mortgage on the ground that the wife’s Abra, and BB, a resident of Cagayan made before
consent was not obtained? the suit, states that “any suit involving this lot
located in Nueva Ecija, shall be filed only in the
a. No, because the court did not order Dante to proper court of Pampanga”. Hence, the suit must be
amend the complaint filed:
b. Yes, because the failure to amend does not
affect the trial of the issue a. In Abra
c. No, because the issue was not raised by the b. In Cagayan
pleadings c. In Nueva Ecija
d. Yes, because lack of the wife’s consent vitiated d. In Pampanga
the contract
68. The police sought A for questioning in connection
63. Chito, resident of Marikina, filed a complaint before with the killing of the deceased. He was seen
the RTC of San Juan against Hec, resident of wearing a bloodstained shirt. During his
Caloocan City, to collect on a promissory note. May interrogation, A was not assisted by counsel. He
the court motu proprio dismiss the complaint for admitted his guilt and showed the knife he used to
improper venue? commit the crime. What piece of evidence is
admissible?
a. Yes, because venue affects the court’s
jurisdiction a. The bloodstained shirt
b. No, because the parties can agree on venue b. The knife he used to commit the crime
c. Yes, because dismissal is a prerogative of the c. His extra-judicial confession
court and can be done at its own volition d. None of the above
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69. During the trial of a damage suit, Mr. DD, defendant, Norte, Cagayan de Oro and Bukidnon have
introduced evidence on a matter not raised in the concurrent jurisdiction over the case
pleadings of the parties. Mr. PP, plaintiff promptly b. The crime committed was Murder and the RTCs
objected on the ground that the evidence concerns a of Esperanza, Agusan del Norte, Cagayan de Oro
matter not in issue. Under the circumstances: and Bukidnon have concurrent jurisdiction over
the case
a. The court has no alternative but to sustain the c. The crime committed was kidnapping with
objection Murder and the RTC of Esperanza has exclusive
b. The court must overrule the objection and treat jurisdiction over the case
the issue as if it had been raised in the pleadings d. The crime committed was murder and the RTC
c. The court must order the amendment of the Bukidnon has exclusive original jurisdiction over
pleadings to conform to the evidence and grant the case
a continuance to enable the amendment to be
made 72. Can Department of Justice prosecutors conduct
d. The court in its discretion may allow amendment preliminary investigation of a complaint for Bribery
of the pleading if doing so would serve the ends against a BIR Regional Director for violation of R.A
of substantial justice 3019(Anti-Graft and Corrupt Practices Act)?
70. In a case involving the question of whether the a. Yes, as DOJ prosecutor’s have very broad
plaintiff E had resigned from office, thus allowing the investigatory powers
respondent G, as the officer next in line to take over, b. No, because the Ombudsman has exclusive
the trial court, in its judgment, relied on newspaper original jurisdiction to investigate public officials
reports on the diary, F indicated that E had told him and employees
(F) that he (E) intends to resign and had performed c. Yes, because the DOJ prosecutors and the
acts preparatory to leaving office. In his motion for Ombudsman exercise concurrent investigatory
reconsideration, E questioned the trial court’s powers over public officers
reliance on newspaper reports of F’s diary entries as d. No, unless the parties submit themselves to the
these are not proper sources to justify its ruling. Is DOJ prosecutors’
E’s contention correct?
73. A, an heir of the deceased has not received his share
a. Yes, because newspaper reports are mere during the distribution of the estate though he was
secondary sources which have no probative not precluded from participating in the proceeding.
value;---- ADMISSIBLE ESTRADA J. ARROYO; What is the proper remedy to enforce his right?
ADOPTIVE ADMISSION—Justice Alex
b. No, because although secondary sources, a. Move for reopening of the proceedings before
newspapers reports can be used to establish the order declaring the same closed has become
facts final and executory after 30 days
c. Yes, because if the trial court wanted proof on b. Move for the determination of the net estate in a
E’s intention, it should have used resources separate proceeding
based on E’s acts, not on what someone else c. File a motion for execution within the
heard or saw reglementary period of 5 years
d. No, because being E’s personal property d. File a motion for execution against the executor,
secretary, F could not have lied regarding E’s administrator or successor in interest within a
intention to resign period of five years from the time of the
distribution of the estate
71. While R was walking along a deserted street in
Esperanza, Agusan del Sur, a heavily tinted van 74. Rico filed a complaint against Milo but upon Milo’s
stopped behind him and five armed, masked men motion the complaint was dismissed on the ground
alighted from the vehicle. The men grabbed R, threw of forum-shopping without any disqualification.
him aside the van, blindfolded him and tied his Rico’s motion for reconsideration was denied. What
hands behind his back. The van proceeded to remedy is available to Rico?
Cagayan de Oro City, passing by Agusan del Norte.
In Cagayan de Oro, the group transferred to another a. Ordinary appeal
van and went up to Malaybalay, the group met b. Petition for certiorari
someone who, after confirming R’s identity, gave a c. Petition for review
thick wad a peso bills to the group’s leader, T. Using d. Petition for relief from judgment
a handgun, T shot R five times at the back, instantly
killing him. What crime/s was/were committed and 75. Mo and Willy lost in a case for sum of money filed by
when court/s have jurisdiction over the case/s? Lani with the MTC. Mo has perfected his appeal to
the RTC and the MTC already received the return
a. The crime committed was kidnapping with card showing that Willy’s period to appeal has
Murder and the RTCs of Esperanza, Agusan del lapsed. The original records are still with the MTC.
8
Lani wants to file a motion for execution pending 79. X writes a letter to the editor of the Philippine Daily
appeal. Where should she file her motion? Inquirer (PDI). In his letter, X calls Y a thief and a
liar. The PDI publishes the letter in its March 18,
a. MTC 2011 issue. An information for libel is filed against X.
b. RTC The prosecution seeks to introduce the March 18
c. CA issue of the PDI, which contains the libelous letter,
d. SC into evidence. Counsel for X objects. The court
should:
76. Helen was born in Muntinlupa City. Upon reaching
majority age, she decided that she now wants to a. Reject the evidence on the ground that it is
change her first name from Helen to “Helena”, which hearsay considering that the letter does not
is the name she has been using since birth and in prove that Y is in fact a thief and a liar
school. Where should Helen, a resident of Quezon b. Admit the evidence on the ground that it proves
City, file her petition? that Y is a thief and a liar
c. Reject the evidence on the ground that it is
a. RTC-Quezon City hearsay considering that it is a newspaper
b. RTC-Muntinlupa City article
c. LCR-Quezon City d. Admit the evidence on the ground that it is
d. LCR-Muntinlupa City irrelevant whether Y is a thief or a liar
77. Juan, a resident of Bulacan, died on 1 January 2011 80. X, Y, and Z were caught at the airport with drugs
in Manila. On 1 February 2011, his will was delivered while passing through a customs search. The airport
by Simeon, the custodian, to the clerk of court of police put the seized drugs inside plastic packets and
RTC-Bulacan. On 4 February 2011, Mario instituted asked X,Y, Z to sign the packets using a pen. X, Y, Z
intestate proceedings over Juan’s estate with RTC- signed the packets without the assistance of counsel.
Manila. On 5 February 2011, Romeo filed a petition During trial, the prosecution offered the seized
for probate of Juan’s will with RTC-Bulacan. Mario packets into evidence. The accused objected to the
moved to dismiss the petition in RTC-Bulacan since offer of the packets. The court should:
he filed a petition earlier in RTC-Manila. Which court a. Admit the evidence since it forms the corpus
should settle the estate?? delicti of the crime
b. Admit the evidence since the act of signing was
a. RTC-Manila. The petition filed by Mario was filed a purely mechanical act
ahead of Romeo’s petition. c. Reject the evidence since the accused were not
b. RTC-Bulacan. Mario already submitted to the assisted by counsel
jurisdiction of the court when he filed a motion d. Reject the evidence since it was an unlawful
to dismiss the petition warrantless search
c. RTC-Manila. Juan died in Manila
d. RTC-Bulacan. Jurisdiction of RTC-Bulacan 81. The testimony of Jaime Licauco, a recognized expert
already vested upon the delivery of the will by in the paranormal is:
Simeon
a. Admissible provided it is relevant
78. Plaintiff X files a complaint against Defendant Y. b. Inadmissible because it is unreliable
Counsel for X presents Z as its first witness. Instead c. Admissible provided that he is qualified as an
of first offering the testimony of Z, X’s counsel expert
proceeded with his direct examination. Y’s counsel d. Inadmissible because his testimony can never
did not object to the offer because no offer was be relevant
made. After completion of Z’s testimony, Y’s counsel
moved to strike out Z’s direct testimony. The court 82. No petition for adoption shall be finally granted until
should the adopter(s) has been given by the court a
supervised trial custody period for at least six (6)
a. Deny Y’s motion on the ground that Y should months within which the parties are expected to
have objected to Z’s testimony when X’s counsel adjust psychologically and emotionally to each other
began asking Z questions and establish a bonding relationship. During the said
b. Grant Y’s motion on the ground that it was period, temporary parental authority shall be vested
incumbent upon X’s counsel to have offered the in the adopter(s). The court may motu propio or
testimonial evidence prior to asking his witness upon of any party reduces the trial period if it finds
questions the same to be in the interest of the adoptee, stating
c. Grant Y’s motion on the ground that Y’s counsel the reasons for the reduction of the period. AA, an
could not be expected to object to an offer of alien adopter, seeks your advice whether he can
evidence that was never made have the requirement on supervised trial custody
d. Deny Y’s motion on the ground that Y can still reduced by the court. Under R.A. No. 85552, alien
cross-examine Z adopter(s) must complete the six (6) month trial
custody except when he/she is –
9
a. A resident of the Philippines a. Only matters touched upon by Z in his direct

b. A former Filipino citizen who seeks to adopt a testimony
relative within the fourth (4th) degree of b. Matters involving the alleged rape
consanguinity or affinity of the Filipino c. Matters involving Z and other relevant matters
c. One who seeks to adopt the legitimate d. All of the above
son/daughter of his/her Filipino spouse
d. One who is married to a Filipino citizen and 87. Y with the use of force entered into the premises
seeks to adopt jointly with his/her spouse a belonging to Z with an assessed value of P20,
relative within the fourth (4 th) degree of 000.00. The latter demanded the vacation of the
consanguinity or affinity of the Filipino spouse premises but the former refused to vacate despite
the expiration of fifteen day notice to vacate on
83. Sara filed a case against Mila, who filed a demurrer December 31, 2005. Your services were engaged
to evidence. The RTC granted the demurrer and today by Y to enforce his right. What action would
dismissed the complaint. On appeal, the court of you file?
appeals reversed the RTC order granting the
demurrer and remanded the case to the RTC for a. I would file an action for recovery of possession
further proceedings. Was the remand order proper? of the property of the property with the RTC of
a. Yes, because that is the prerogative of the court the place where the property in dispute is
of appeals located
b. No, because by filing the demurrer, Mila is b. I would file an action to quiet the title of my
deemed to have waived the right to present client with the RTC of the place where the
evidence property is located, plus damages
c. Yes, because Mila is entitled to due process after c. I would file an action for unlawful detainer with
reversal by the court appeals of the RTC order the MTC of the place where the property is
d. No, because there is enough evidence on record located, damages and prayer for issuance of the
to decide the case preliminary mandatory injunction in order to
compel Y to vacate the premises
84. Mr. PP has just completed presentation of his d. I would file an action for forcible entry with MTC
evidence against the defendant, Mr. DD. Believing of the place where the property is located with
that the plaintiff has shown no right to relief upon prayer for the issuance of preliminary injunction
the facts and the law, Mr. DD moved to dismiss the in order to compel Y to vacate the premises
complaint (demurrer to evidence). The motion was
granted and the complaint was dismissed. Mr. PP 88. X, a defendant in an action for sum of money died
appealed and the appellate court reversed the order while the said action is pending in the court of
of dismissal. appeals and was subsequently substituted therein by
his legal representative, a final judgment was
a. Mr. DD may insist on his right to present rendered by the appellate court. How should the
evidence in support of his defense on the ground judgment be enforced?
of due process
b. Mr. DD is deemed to have waived his right to a. The claimant has merely to obtain a writ of
present his evidence execution for enforcement against the executor,
c. Mr. DD should avail of certiorari as a mode of administrator or successor in interest
appeal b. By filing it as money claim in the probate court
d. Mr. DD should avail of certiorari as a special civil c. Institute an action against the executor,
action and raise jurisdictional grounds administrator, or successor in interest
d. By giving notice to the creditors
85. The Regional Trial Court (RTC) affirmed the order of
the Municipal Trial Court (MTC) granting a motion to 89. In an order dated February 21, 2011, the RTC denied
dismiss (MTD) on the ground that it has no Rayo’s motion for reconsideration of the court’s order
jurisdiction over the subject matter is within the dated January 26, 2011 denying his motion to
jurisdiction of the RTC. Hence, what should RTC do? dismiss on the ground of lack of jurisdiction. What is
Rayo’s remedy from the order dated January 26,
a. Must merely affirm the MTC order 2011?
b. Remand the case to the MTC for further
proceedings a. Petition for relief from judgment
c. Must try the case on the merits as if the case b. Appeal
was originally filed with it c. Petition for review
d. Petition for certiorari
86. Z was charged with robbery with rape. He took the
stand on his own behalf and testified on the alleged 90. El obtained a favorable judgment in his damage suit
robbery. On what matters may the prosecution cross against Daniw. The judgment became final and
examine the accused? executory since Daniw did not appeal after denial of
10
his motion for reconsideration. El filed a motion for Department of Education with main office in Pasig.
execution but the same was denied. What is his Was the dismissal proper?
remedy?
a. No, because the DepEd has a branch office in
a. Mandamus Malabon, thus, a writ of injunction may be
b. Certiorari issued against it
c. Appeal b. Yes, because Yumi, who wants to enjoin the
d. Relief from judgment DepEd, should have filed her petition in Pasig,
not in Malabon
91. After the sheriff levied upon a property pursuant to a c. No, because a writ of injunction issued by the
writ of execution issued by the RTC of Muntinlupa, RTC may be enforced within the judicial region
Gil filed a third party claim with the sheriff on the to which the RTC belongs
ground that the property belongs to him and not to d. Yes, because RTC Malabon cannot enjoin the
Bert, the judgment debtor. Since Dick, the judgment DepEd officials, Pasig, which is outside the RTC’s
oblige, posted an indemnity bond, the sheriff refused jurisdiction
to release the property and said that he would
proceed with the auction sale. Gil filed with the RTC 94. Mr. A sued Mr. B. Mr. C believes that he has a legal
of Paranaque an action against Dick and the sheriff interest in the subject matter of litigation and in the
for the recovery of the property and to enjoin the success of Mr. A.
auction sale. Dick and the sheriff filed a motion to
dismiss. Should the court grant the motion? a. Without leave of court, Mr. C may intervene in
the suit
a. No, because Gil has no other remedy except a b. Mr. C should file a third party complaint with
separate action leave of court
b. Yes, because Gil filed the action with another c. Mr. C should file a cross-claim with leave of
court and not with the court which rendered court
judgment in Dick’s favor d. Mr. C with leave of court may intervene in the
c. No, because the third party can vindicate his suit
claim to the property in a separate action
d. Yes, because RTC Paranaque is co-equal with 95. Mr. A has just completed the presentation of his
RTC Muntinlupa and cannot order recovery of evidence against the defendant, Mr. B. Believing that
property and enjoin the auction sale which are the plaintiff has shown no right to relief upon the
under the latter’s jurisdiction facts and the law, Mr. B moved to dismiss the
complaint for insufficiency of evidence. The motion
92. Miriam filed an ejectment case against Lito. was granted and the complaint was dismissed. Mr. A
Judgment was rendered in Miriam’s favor, and by appealed and the appellate court reversed the order
virtue of a writ of execution, Lito was successfully of dismissal.
ousted from the property. After three years, Lito re-
entered the property and forcibly took possession. a. Mr. B may insist on his right to present evidence
Can Miriam move that Lito be declared in indirect in support of his defense on the ground of due
contempt? process
b. Mr. B is deemed to have waived his right to
a. No, because the judgment has long ago become present evidence
final and executory and the court has no more c. Mr. A should file a motion for execution in the
jurisdiction over the case lower court
b. Yes, because Lito disturbed the possession of d. None of the above
Miriam, who is entitled thereto
c. No, because the contempt power of the court 96. X intends to file a Motion to Dismiss to Y’s complaint
over the parties ended when the case was against him. Which statement is correct?
decided on the merits
d. Yes, because the power of the court to hold a a. X must ensure that the motion is filed in court
party in contempt is all-encompassing, to and served in Y at least five (5) days before the
preserve its dignity case of the hearing
b. X need not set the motion for hearing
93. Yumi, a Malabon resident, filed a petition for c. The hearing on the Motion to Dismiss should not
prohibition (with prayer for preliminary injunction) be later than ten (10) days from the date of
with RTC Malabon seeking to enjoin the Department filing of the motion
of Education from closing her nursery school for d. The hearing or the motion can be dispensed with
violation of DepEd regulations. The RTC dismissed
the petition on the ground of improper venue, 97. A filed complaint for sum of money against B.
reasoning out that the case should have been filed in Summons was served on B on 2 January 2011. On
Pasig which has territorial jurisdiction over the the 14 January 2011, B filed a motion to dismiss on
the ground of payment. B’s motion to dismiss was
11
denied by the court on 20 January 2011. B’s counsel

received the order denying the motion to dismiss on
23 January 2011. Within what period should B file an
answer?
a. 26 January 2011
b. 27 January 2011
c. 28 January 2011
d. 7 February 2011
98. A money judgment against Y in favor of X was

rendered by the Regional Trial Court of Makati. The
decision was received by Atty. Mike, counsel for Y,
on 4 March 2010. Atty. Mike did not inform Y about
the judgment. On 10 March 2010, Atty. Mike
migrated with his entire family to California. Entry of
judgment was made on 20 March 2010. Y learned of
the decision only on 17 June 2010 when the court
sheriff arrived at his residence to levy on his
properties. You are consulted by Y on 31 July 2010.
Assuming Y has a meritorious case, what legal
remedy will you suggest in order to protect his
interest?
a. Appeal
b. Motion for New Trial
c. Motion for Reconsideration
d. Petition for Relief from judgment
99. A’s answer admits the material allegations of the

complaint. May the court motu propio render
judgment on the pleadings?
a. No, a motion must be filed by the adverse party

b. Yes, the court has the authority to render
judgment even without any motion filed by the
adverse party
c. No, the court should motu propio dismiss the
case instead of rendering judgment on the
pleadings
100. A filed a complaint against B in the Regional

Trial Court. For failure of A to appear at the trial, the
court dismissed the action without prejudice. What is
the remedy of A?
a. Ordinary Appeal to the Court of Appeals

b. File another action
c. Petition for Review to the Court of Appeals
d. Petition for Certiorari to the Court of Appeals
12
Set II 7. An absentee shall NOT be presumed dead for the

(Source: PALS) purpose of opening his succession till after an
absence of:
1. Affidavit of merits is required when filing a:
a. Five years if he disappeared after the age of
a. Motion for new trial based on newly discovered seventy-five years.
evidence b. Ten years
b. Motion for summary judgment c. Five years if he has been in danger of death
c. Motion for reconsideration under certain circumstances and his existence
d. Motion for new trial based on fraud, accident, has been known.
mistake or excusable negligence d. Any number of years where there are duly
established facts from which a rational
2. The records involved in a petition for review are conclusion that the person concerned is dead
elevated to the Supreme Court: can be made.
a. Upon filing of the petition 8. To whom shall the rents, earning and income derived
b. Whenever the Supreme Court deems it from property pending redemption until the
necessary expiration of said period or redemption belong?
c. When required by the Supreme Court if the
petition is given due course a. Judgment obligor
d. When required by the Supreme Court upon b. Judgment obligee
motion of respondent. c. Purchaser
d. Redemptioner
3. Which of the following most likely may NOT be a
witness? 9. If a party fails to claim his copy of the adverse
decision which was sent through registered mail
a. A drug addict when is he deemed to have knowledge of said
b. A pathological liar decision?
c. A seven year old child
d. A blind deaf-mute a. Actual receipt
b. Ten days after he received the first notice from
4. Who may NOT grant a writ of habeas corpus? the post office
c. Five days after he received the third notice from
a. Any Regional Trial court judge the post office
b. The Court of Tax Appeals or any members d. Actual receipt or five days after he received first
thereof notice from the post office, whichever is earlier.
c. The Court of Appeals or any member thereof
d. The Supreme Court or any member thereof 10. What is the amount of the bond required to be put
up by the applicant for the recovery of possession of
5. In a writ for Habeas Corpus, what should the Court property under the rule on replevin?
issue where the person is detained under
governmental authority and the illegality of his a. Actual market value of the property
detention is not patent from the petition for the writ? b. Amount as may be fixed by the court in its
sound discretion
a. Order of Release c. Double the actual market value of the property
b. Preliminary Citation d. Double whatever amount is stated in the
c. Peremptory Writ affidavit of the applicant
d. Warrant of Commitment
11. Any admission made during the pre-trial cannot be
6. Where should the petition for escheat of a Resident used against the accused, unless:
involving the reversion of property alienated in
violation of the constitution, or any statue be filed? a. It was made writing signed by the accused and
counsel.
a. RTC in the place where the decedent last resided b. Accused was represented and assisted by
at the time of his death counsel.
b. RTC in the place where the property may be c. It was recorded in the minutes of the pre trial
found. conference.
c. In the Province where the land dies in whole or d. Accused affirms such admission during trial.
in part.
d. In the Province where the decedent was 12. When can the Sandiganbayan issue a writ of Habeas
domiciled. Corpus?
13
a. In all cases falling within their exclusive

jurisdiction 19. Which of the following is NOT covered by the Rules
b. Only in aid of its appellate jurisdiction on Summary Procedure?
c. Only in cases falling within their original
jurisdiction a. Violation of rental laws
d. In all cases falling within their concurrent b. Violation of traffic laws
jurisdiction c. The penalty is more than six months of
imprisonment
13. Motion for reconsideration is required before filing: d. The penalty does not exceed 6 months
imprisonment
a. Petition for relief from judgment
b. Petition for certiorari 20. When is the accused allowed to file motion to quash?
c. Appeal
d. Motion for new trial a. At any time before arraignment
b. Within 10 days after the accused has entered his
14. A second motion for reconsideration of a judgment plea
or final orders is allowed in the: c. At any time before the judgment become final
d. After the accused has entered his plea
a. Office of the President
b. Court of Appeals 21. The effect of the non-inclusion of a necessary party
c. Supreme Court despite an order of inclusion:
d. Regional Trial Court
a. Results to the dismissal of the suit with
15. When the criminal has already been instituted, an prejudice.
application for search warrant shall be filed in the: b. Results to the dismissal of the suit without
prejudice.
a. Court within whose territorial jurisdiction a crime c. Results to a waiver of the claim against the
was committed. necessary party.
b. Court where the criminal action is filed. d. Results to the filing of a motion to dismiss on
c. Court within the judicial region where the crime the ground of failure to state a cause of action.
was committed if the place of the commission of
the crime is known. 22. Were the testator himself petitions for the allowance
d. Court where the criminal action is pending. of his will:
16. Any admission made during the pre-trial cannot be a. Publication is not required but notice must be
used against the accused unless: sent to the heirs.
b. Notice to compulsory heirs is sufficient.
a. It was made in writing signed by the accused c. Publication and notice to the heirs is not
and counsel required.
b. Accused was represented and assisted by d. The will may be allowed based only on the
counsel affirmation of the testator that he executed the
c. It was recorded in the minutes of the pre-trial same.
conference
d. Accused affirms such admission during the trial 23. Can the court terminate and dismiss a special
proceeding for the settlement of estate where the
17. If the prosecutor does not appear at the pre-trial heirs have undertaken to submit a compromise
conference, the court may: agreement among themselves to do so within the
time allowed by the court and the many extensions
a. Dismiss the criminal case. given to the heirs?
b. Impose proper sanction or penalty.
c. Terminate the pre-trial and proceed to trial. a. Yes, the rule on ordinary civil actions against
d. Proceed with the pre-trial conference in his delay and encouraging expeditious settlement of
absence. disputes likewise governs special proceedings
b. No, given the non-contentious nature of special
18. The best evidence rule applies when the subject of proceedings, its dismissal should be ordered
inquiry is: only in the extreme case where termination is
the sole remedy consistent with equity and
a. The due execution and authenticity of the justice, but not as a penalty for the neglect of
document any party
b. The contents of a document c. Yes, the motu proporio dismissal of a case is
c. Whether or not copy is a faithful reproduction of justified where the parties failed to comply with
the original the order of the court
d. The veracity of a public or notarized document
14
d. No, because a compromise agreement is not

allowed in certain special proceedings including 28. If the prosecutor does NOT appear at the pre-trial
the settlement of the estate conference the court may:
24. Does a plaintiff in case for damages arising from a. Dismiss the criminal case
quasi-delict against defendant who died during the b. Impose proper sanction or penalty
pendency of said case, have the right to intervene in c. Terminate the pre-trial and proceed to trial
the special proceedings for the settlement of the d. Proceed with the pre-trial conference in his
estate of said deceased defendant? absence
a. Yes, because such plaintiff is a “person 29. A second Motion for New Trial in a civil action:
interested in the estate”
b. Yes, because such plaintiff is like a creditor with a. Is never allowed
a money claim who is allowed to take part in the b. Allowed only if the ground thereof was not yet in
estate proceedings by filing a notice of claim existence when the first motion for New Trials
c. No, because his interest is merely contingent or was filed.
inchoate, and similar to a creditor, is not entitled c. Allowed on any ground
to participate in every aspect of the estate d. Is allowed only at the discretion of the Court
proceedings or intervene, but maybe allowed to
seek certain relief if necessary to protect such 30. When may a final order be deemed to be NOT
interest determining the merits of a case?
d. No, because he has to wait until after he has
secured a favorable judgment at which time he a. When the final order has been in writing
can file a notice of claim in the estate personally or directly prepared by the judge.
proceedings. b. When the final order states clearly and distinctly
the facts and the law on which is based, signed
25. Which of the following CANNOT be ventilated in the by the judge and filled with the clerk of court
probate court or in a special proceeding instituted for c. When the final order considers and determines
the purpose but should be adjudicated in an ordinary the rights of the parties as those rights presently
civil action? exist, upon matters submitted in an action or
proceeding.
a. Determination of who the heirs are; d. When the final order was signed by the judge
b. Resolving the filiation of illegitimate children of personally and filed with the clerk of court but
the deceased; does not state the reason or basis therefore.
c. Adjudication of claims for damages arising from
tort committed by the deceased while alive; 31. Choose one effect from the following which does NOT
d. Recovery of ownership and possession of estate arise or result from the filing of demurrer to
property. evidence.
26. Which defect is NOT sufficient to deny probate of a a. The defendant does not waive his right to offer
will: evidence in the event his motion was denied.
b. When the accused filed demurrer to evidence
a. Attestation clause does not contain the number without express leave of court he waives his
of pages on which the will is written. right to present evidence and denies the, motion
b. Attestation clause was not signed by the to dismiss, the accused may adduce evidence in
instrumental witnesses. his defense and submits the case for judgment
c. Will was not acknowledged but subscribed and on the basis of the evidence of the prosecution.
sworn to before a notary public. c. If the motion is granted and the order of
d. Attestation clause failed to state that the dismissal is reversed upon appeal, the movant
testator signed every page of the will. loses the right to present evidence on his behalf.
d. In case of reversal, the appellate court shall
27. What happens if the administrator himself has a render judgment for the plaintiff based on the
claim against the estate? evidence alone.
a. He is barred from filing such claim due to 32. Of the four instances below, choose one when
conflict of interest. injunction is NOT proper:
b. He shall give notice to the intestate estate court
who shall appoint a special administrator to a. To restrain the threatened enforcement of an
attend to such claim. invalid law.
c. He can file an action for collection against the b. In an action to compel a spouse to cohabit with
heirs. the other.
d. He shall resign as administrator and then file a c. In a petition to relief from judgment.
claim against the estate.
15
d. In an action to restrain a criminal prosecution 38. Among the following remedies, which one can be
under an unconstitutional statute. filed by a non-party to the judgment?
33. The defendant’s voluntary appearance in court is a a. Petition for relief from judgment
waiver of his right to question the jurisdiction of the b. Petition for review
court: c. Petition for prohibition
d. Petition for annulment of judgment
a. Is equivalent to service of summons
b. Means that he is amenable to responding to or 39. In appeals to the RTC from the MTC in criminal
answering the complaint cases, may the appellant be allowed to withdraw his
c. Does not prevent the defendant from later on appeal after the records have been transmitted to
moving to dismiss the case on other grounds the RTC?
34. The purpose of a notice of lis pendens is: a. No, there can be no withdrawal of the appeal
anymore.
a. To create a lien on the property subject of the b. Yes, provided the appellant has not yet filed his
case appeal memorandum.
b. To enforce a lien against the property which c. No, because the MTC has already lost
arises during the pendency of the suit jurisdiction.
c. To ensure that the property subject of the case d. Yes, provided a motion to that effect is filed
is not alienated during the pendency of the case before rendition of judgment by the RTC.
to the prejudice of the party who caused the
annotation. 40. In an appeal to the Court of Appeals in criminal case,
d. To give constructive notice that the subject may the appellant file a motion for new trial?
property is the subject of pending litigation so
that anyone who acquire interest in the same a. Yes, but he can only do so before the CA renders
does so at his own risk. judgment.
b. No, because he should have done so in the RTC,
35. Where the actionable document is properly alleged, it is too late to file it in the CA.
the failure to deny the same under oath results in c. Yes, before the CA judgment convicting the
the admission of the genuineness and due execution appellant becomes final.
thereof except: d. Yes, on the ground of errors of law or
irregularities prejudicial to the substantial rights
a. When the adverse party was not a party to the of the appellant committed during the trial.
instrument
b. When the actionable document is not an original 41. Is a mandatory “file search” of laptops of departing
or duplicate original passengers at airports (that is, the activation of
c. When the contents of the document are vague laptops and the random opening of any of its files)
and ambiguous reasonable?
d. When there is a variance between the contents
of the document and the allegations in the a. Yes, because the search is just pro-forma and
pleading there is reduced expectation of privacy in
airports.
36. For failure to prosecute, the RTC dismissed Tricia’s b. No, because such search without probable cause
complaint with prejudice. What is her remedy? violates the right of passengers to the privacy of
their papers.
a. Certiorari c. Yes, because the government’s interest in
b. Appeal monitoring cases of violation of anti-piracy and
c. Relief from judgment pornographic laws is paramount over the
d. Annulment of judgment passenger’s right to privacy.
d. No, because the government’s interest in
37. After the MTC has lost jurisdiction over the case by instituting screening measures in transportation
virtue of an appeal by record on appeal, may it still hubs such as airports and terminals relates to
dismiss the appeal? ensuring the safety of passengers, not crimes
the evidence for which may be found in laptops.
a. No more, since it has lost any power over the
case. 42. Choose from among the grounds below for the
b. Yes, prior to transmittal of the record on appeal dismissal of the petition for certiorari the ground
to the RTC. which will sustain the issuance of writ of certiorari.
c. No, unless the parties agree otherwise.
d. Yes, as held in Neypes vs. CA governing rules on a. If it is patently without merit
appeal.
16
b. If the act of was committed with the grave 47. The filing of the information before a court or body
abuse of discretion amounting to lack or excess which has no jurisdiction over the subject matter has
of jurisdiction the effect of:
c. If the questions raised are too insubstantial to
require consideration; or a. Dismissal
d. If it is prosecuted manifestly for delay b. Tolling the prescriptive period
c. Prescription
43. When may final order be deemed to be not d. Extinguishing the civil liability
determining the merits of a case?
48. When may the Court refuse to grant leave to amend
a. When the final order has been writing, a pleading?
personally or directly prepared by the judge.
b. When the final order was signed by the judge a. If the motion is intended for delay
personally and filed with the clerk of court but b. If the other party is in default
does not state the reason or basis thereof. c. If the plaintiff fails to prosecute
c. When the final order considers and determines d. If either party fails to file a motion
the rights of the parties as those rights which
presently exist, upon matters submitted in an 49. What is the nature of a pre-trial?
action or proceeding.
d. When the final orders states clearly and a. Optional
distinctly the facts and the law on which it is b. If the other party is in default
based, signed by the judge and filed with the c. If the plaintiff fails to prosecute
court. d. If either party fails t file a motion
44. Choose the judicial proceedings below in which a writ 50. Which among the following is NOT a ground for a
of habeas corpus CANNOT be availed of as motion to quash?
consequence thereof
a. The facts charged do not constitute an offense.
a. Where there has been deprivation of a b. The information does not substantially conform
constitutional right resulting in the resistant of a to the prescribed.
person c. The criminal action or liability has been
b. Where an excessive penalty has been imposed, extinguished
as such entence is void as to such excess d. The absence of a probable cause
c. Where the petitioner has been unable to
establish by the evidence to be entitled to the 51. The effect of the reversal on appeal of an order
custody of the minor on account of mistaken granting a demurer to evidence is that:
identity.
d. Where the lower court had no jurisdiction to a. The defendant loses the right to present his
impose the sentence. evidence
b. The defendant does not lose his right to present
45. Does a Probate Court have the jurisdiction to resolve his evidence
question of title? c. He loses his right to present his evidence only if
he did not make a reservation to present his
a. No, because a Probate Court can resolve evidence
questions of title only provisionally. d. He does not lose the right to present evidence
b. No, because proceedings involving questions of ex parte.
title require different procedure.
c. Yes, because it is a matter related to the estate 52. The court denied the demurrer to evidence which the
of the deceased. accused filed with leave of court. Hence, the
d. Yes, because the Probate Court acting as such accused:
can resole such question to determine the
properties to be administered by the a. Loses the right to present his evidence.
administrator. b. Des not lose the right to present his evidence
c. Can be compelled by the court to present his
46. What happens to the criminal action if it is filed evidence
subsequent to the filing of a petition for Writ of d. Has the option whether to present or not his
Amparo? evidence
a. It shall be dismissed. 53. Which of the following are the proper grounds that
b. It shall be suspended. the court should consider in order to properly grant a
c. It shall be consolidated. new trial in a criminal case?
d. It shall be tried separately.
a. Errors or mistakes of counsel.
17
b. Errors of law or irregularities prejudicial to b. Two (2) years after the issuance without the
substantial rights of the accused. case having been revived
c. New and material evidence. c. Fifteen (15) days after the issuance
d. Material evidence that has been discovered with d. Thirty (30) days after notice to the accused
reasonable diligence and produced at the trial.
60. The testimony of a child witness is:
54. An excused in a rape case was convicted by the
Regional Trial Court of Manila and the death penalty a. Admissible even if hearsay
was imposed upon hm. The judgment shall be b. Not admissible if hearsay
reviewed by the: c. Sufficient to convict an accused even if hearsay
d. Admissible only after his competency is
a. Supreme Court established.
b. Court of Appeals
c. The same Regional Trial Court 61. After receiving tips that marijuana shrubs are being
d. Department of Justice grown in a compound inside a subdivision, Sgt. Liit,
discovered that the compound was walled-off by a
55. Before an accused has been arraigned, the seven-foot concrete fence. To get a better view, Sgt.
prosecution may amend a complaint or information Liit climbed a nearby tree. With the higher elevation,
by the downgrading the offense or excluding an Sgt. Liit saw in one corner of the compound a green
accused therefrom: house where meter-high, marijuana like shrubs were
being grown. Sgt. Liit went down the tree and
a. Without leave of court knocked on the compound’s gate, he introduced
b. With leave of court himself to the lone caretaker, went inside the
c. With consent of the accused compound and uprooted some of the shrubs. Upon
d. Without consent of the offended party examination by the crime laboratory, the shrubs
were confirmed to be marijuana. In the hearing to
56. Which of the following instances will operate as suppress the evidence, the prosecution contended
waiver of the right to preliminary investigation by that Sgt. Liit seized the evidence under the plain
the accused? view doctrine, is this contention tenable?
a. If the accused fails to ask for preliminary a. Yes, because it was immediately apparent to
investigation after being aware for more than Sgt. Liit, a marijuana horticulturist, that the
five (5) days that the case had been filed in shrubs were marijuana.
court. b. No, because the shrubs were not in “plain view”
b. Failure to claim it after the accused pleaded. as Sgt. Lit had to climb a nearby tree to see
c. Failure to claim I before the accused pleaded them.
d. If the accused fails to ask for preliminary c. Yes, because Sgt. Liit, upon seeing the shrubs,
investigation at the time of the arrest. had probable cause to believe that they were
marijuana.
57. For instance, the provincial or city prosecutor d. No, because Sgt. Liit had to enter the compound
promulgated an unfavorable resolution of the case, in order to obtain a sample of the marijuana.
where can the accused file a petition for review of
the said resolution? 62. X, a defendant in an action for sum of money died
while the said action is pending in the Court of
a. Office of the President Appeals and was subsequently substituted therein by
b. Metropolitan Trial Court his legal representative, a final judgment was
c. Regional Trial Court rendered by the Appellate Court. How should the
d. Department of Justice judgment be enforced?
58. The deponent may be examined regarding any a. The claimant has merely to obtain a writ of
matter which is: execution for enforcement against the executor,
administrator or successor in interest.
a. Privileged b. By filing it as money claim in the probate court.
b. Not privileged c. Institute an action against the executor,
c. Pending before the court administrator, or successor in interest.
d. Alleged d. By giving notice to the creditors.
59. When does provisional dismissal become permanent 63. A, an heir of the deceased has not received his share
with respect to the offense punishable by during the distribution of the estate though he was
imprisonment of more than six (6) years? not precluded from participating in the proceeding.
What is the proper remedy to enforce his right?
a. One (1) year after issuance without the case
having been revived
18
a. Move for reopening of the proceedings before c. The crime committed was kidnapping with
the order declaring the same closed has become murder and RTC of Esperanza has exclusive
final and executory after 30 days. original jurisdiction over the case.
b. Move for the determination of the net estate in a d. The crime committed was murder and the RTC
separate proceeding. of Bukidnon has exclusive original jurisdiction
c. File a motion for execution within the over the case.
reglementary period of five years.
d. File a motion for execution against the executor, 66. Quincy filed complaint against the Jones for
administrator or successor in interest within a collection of a sum of money. Despite receipt of
period of five years from the time of the summons, Jones did not file an answer. Acting on
distribution of the estate. the motion filed by Quincy, Jones was declared in
default. The court in rendering a judgment by
64. In a case involving the question of whether the default:
plaintiff E had resign from office, thus allowing the
respondent G, as the officer next in line to take over, a. May award an amount in excess of what was
the trial court, in its judgment, relied on newspaper prayed for in the complaint provided it is
reports on a diary entries of E’s personal secretary, warranted by the evidence offered and the facts
F. in his diary, if indicated that E had told him (F) proven by the presenting party.
that he (E) intends to resign and had performed acts b. May award actual damages, moral damages,
preparatory to leaving office. In his motion for and attorney’s fees as warranted by the facts
reconsideration, E questioned the trial court’s established during the ex parte presentation of
reliance on newspaper reports of F’s diary entries as evidence.
these are not proper sources to justify its ruling. Is c. May order the rescission of the contract instead
E’s contention correct? of specific performance as prayed considering
that plaintiff’s prayer contains the all
a. Yes, because newspaper reports are mere encompassing statement which generally appear
secondary sources which have no probative on all complaints which reads: “just and
value. equitable reliefs are likewise prayed for under
b. No, because although secondary sources, the circumstances.”
newspaper reports can be used to establish d. May award the payment of actual damages
facts. incurred by the plaintiff as supported by
c. Yes, because if the trial court wanted proof on evidence.
E’s intention, it should have used resources
based on E’s acts, not on what someone else 67. Pedro, who had extensive land holdings all over the
heard or saw. Philippine, died in Spain where a resident at the time
d. No, because being E’s personal secretary, F of his death. Gerardo, claiming to be a son of Pedro
could not have lied regarding E’s intention to left no will, filed a petition for the settlement of
resign. Pedro’s intestate estate in Negros, where Pedro
owned several parcels of land. Several months later,
65. While R was walking along a deserted street in Ricardo, also claiming to be the son of Pedro and not
Esperanza, Agusan del Sur, a heavily tented van knowing OF Gerardo’s petition filed in Negros, filed a
stopped behind him and five armed, mask men petition for the probate of Pedro’s will in Manila
alighted from the vehicle. The men grabbed R, threw where Pedro also owned several parcels of land.
him inside the van, blindfolded him and tied his Pursuant to the:
hands behind his back. The van proceeded to
Cagayan De Oro City, passing by Agusan del Norte. a. Rule on concurrent jurisdiction, both courts may
In Cagayan De Oro, the group transferred to another proceed to hear and resolve and resolve both
van and went up to Malaybalay, Bukidnon. Upon petitions.
arriving in Malaybalay, the group met someone who, b. Rule that probate proceedings take precedence
after confirming R’s identity, gave a thick wad a peso over intestate proceedings, the petition in
bills to the group’s leader, T. Using a hand gun, T Negros should be dismissed.
shoot R five times at the back, instantly killing him. c. Rule against multiplicity of suits, the cases
What crime/s was/were committed and when court/s should be consolidated in Manila where the
have jurisdiction over the case/s? petition for probate of the will is pending.
d. Rxclusionary rule, the petition pending in Manila
a. The crime committed was kidnapping with should be dismissed.
murder and the RTC’s of Esperanza, Agusan del
Norte, Cagayan De Oro and Bukidnon have 68. Maria, widow of Juan, through her counsel, filed a
concurrent jurisdiction over the case. “Motion for Release of Funds” with the court having
b. The crime committed was murder and the RTC’s jurisdiction over the estate of Juan, praying that
of Esperanza, Agusan del Norte, Cagayan De certain funds be released to her as allowance for her
Oro and Bukidnon have concurrent jurisdiction three children ranging in age from 22 to 25 years but
over the case.
19
still pursuing post graduate studies in the USA and wife Regine was working as stripper. Before his last
her infant grandchild. Should the motion he granted? breath, Ogie revealed to his wife Regine, “Kung ako
ay bibigyan pa ng pangalawang pagkakataon ng
a. No, because all the children are already of legal diyos, hindi maaaring hindi managot si Janno.” Two
age and the support of grandchildren is the days after, Ogie died. During the trials of Oggie’s
responsibility of the parents, not grandparents. killing, Regine was called to the stand and asked
b. Yes, as long as creditors will not be affected “How did your husband died?” The defense objected
because it is an accepted practice in this on the ground that the witness is incompetent. Rule.
jurisdiction for grandparents to continue
supporting their children even if they are already a. The objection should be sustained because the
gainfully employed, and to extend support even rule of spousal immunity does not apply to
for their grandchildren. criminal proceedings.
c. Yes, with respect to the allowance for her and b. The objection should be sustained because
her children because it is settled that allowance under the rules of procedure in either civil and
should not be limited to minor and incapacitated criminal cases, neither the husband nor the wife
children, but not with respect to her testify for or against the other without the
grandchildren because the law clearly limits the consent of the affected spouse.
allowance to the widow and to the children. c. The objection should be overruled because the
d. No, because the rule clearly says that the marriage between the victim and the witness
allowance should be limited to the surviving having been dissolved by death, the latter is no
spouse and “minor incapacitated” children, and longer his wife, and therefore not subject to any
providing allowance for the post graduate disqualification arising from the status of
education of children who are of legal age will marriage.
amount to an advance distribution of the estate. d. The objection should be overruled because the
declaration of the victim does not involve
69. Diosdado died naming his brother Manuel as confidential communication.
executor in his will. After allowance thereof, letters
testamentary was issued to Manuel who complied 71. Barangay Chairman Jejomar Taqui organized a watch
with all requirements. In due time, Manuel found it group to monitor the movement of criminal elements
necessary to mortgage sugar lands and sugar in their barangay. He then directed his barangay
refinery forming part of the estate a security for a tanods that if they see any of those included in their
loan to pay some debts and for purpose of expanding watch list, the tanods should immediately
the operation of the sugar refinery. The bank exterminate the felon being a menace to society.
however would only approve the loan if Aurora, the One night, Mar Rosas, a known drug pusher in the
widow, would execute the mortgage since title to the community was caught by tanod Abnoy in the act of
lands was still under the name of “Sps.Diosdado and snatching a cellphone from a jeepney passenger. In
Aurora”. Manuel and Aurora filed a motion praying rage, Abnoy, as well as bystanders, boxed and
that Aurora be authorized to mortgage the properties kicked Mar Rosas to the ground. Some even stabbed
to the stated purposes. As judge, you should: him with broken beer bottles. When the wife of Mar
Rosas, Koring Sandwich arrived, Abnoy and the
a. Grant the motion since the loan with mortgage bystanders scurried away. Koring Sandwich asked
will be beneficial to the estate and the heirs, her blooded husband, “ano ang nangyari sa iyo?”
provided that all the heirs are properly notified Mar Rosas, who was clutching his intestines, replied,
of the motion and given the opportunity to be “Si Taqui….” But before he could finish his sentence,
heard regarding the matter and all other Mar Rosas died. Is said declaration admissible?
requirements under Section 7, Rule 89 are
complied with. a. No. It is incomplete as it failed to express what
b. Denied the motion since one of the purposes of the declarant intended to say.
the loan is to expand the sugar refinery and this b. No. Being a drug addict, the declarant would
is contrary to the primary objective of have been disqualified to testify had he
settlement proceedings, the same being the final survived.
and complete liquidation of the estate. c. Yes. The declarant believed the certainty of his
c. Grant the motion but only to the extent death.
necessary for payments of debts since d. Yes. The declaration which is a response to a
mortgaging property of the estate for expansion question, relates to a fact pertaining to the fatal
of the business is not allowed. injury.
d. Deny the motion because only the executor or
administrator may be authorized to mortgage 72. PO1 Piolo and PO2 Sam received reliable information
estate property. that Dingdong, who has a standing warrant of arrest
for Homicide, was seen in the ABS-CBN Compound in
70. Ogie was repeatedly stabbed by his kumpare Janno Quezon City. Upon receipt of such information, PO1
on the neck and chest. Gasping for breath, Ogie Piolo and PO2 Sam proceeded to said compound.
crawled towards the nearby string joint where his Thereupon, the police officers surrounded the
20
compound and arrested him. When the arresting a. Appellant’s Brief

officers searched him, they found a homemade gun b. Appellant’s Position Paper
(paltik) with one M-16 live ammunition. Dingdong c. Appellant’s Memorandum
was thus, indicted for illegal possession of firearms d. Appellant’s Folder of Exhibits
and ammunition. Even though the prosecution failed
to introduce evidence that Dingdong had no license 77. Atong filed with the Supreme Court a petition for
to possess firearms and ammunition, he was review of an RTC Decision. If the Supreme Court
convicted. Rule on the propriety of conviction. discover that the petition raises question of fact,
a. The conviction is proper. Judicial notice may be a. It should dismiss the petition outright for being
taken of the fact that a paltikis illegally patently without merit
manufactures, hence, it naturally could not be b. It may remand the case to the RTC for
the subject of a license. appropriate action
b. The conviction is proper. The offense being mala c. It may refer the case to the Court of Appeals for
prohibita, mere possession enough to sustain a decision or appropriate action
conviction. d. It may order Atong to refile the case with the
c. The conviction is improper. The prosecution has Court of Appeals
the burden to prove every element of the
offense. 78. In a complaint for sum of money and damages
d. The conviction is improper. The evidence is the arising from vehicular accident, the MTC ruled
fruit of a poisonous tree. against the defendants. Aggrieved, the defendants
filed a motion for reconsideration. However, the
73. Manny is charged with estafa in an information filed motion did not contain a date and time of hearing,
with the RTC of Makati. He filed a petition for review prompting the MTC to declare it as a mere scrap of
of the persecutor’s resolution with the Department of paper which did not toll the appeal period and which
Justice. In case of adverse decision of the DOJ rendered the judgment final and executor. Among
Secretary, What is Manny’s remedy? the following, what is not proper?
a. Petition for review with CA a. Appeal

b. Petition for review with Supreme Court b. Relief from judgment
c. Petition for certiorari with the Supreme Court c. Certiorari
d. Petition for certiorari with the CA d. Annulment of judgment
74. Angel filed a collection case against Marian with the 79. Marilag Corporation (MC), a food exporting company,
RTC. After receiving an adverse judgment on July was granted income tax holiday (ITH) by the Board
24, 2010, Marian filed a notice of appeal on July 19, of Investment (BOI). Afterwards, the BOI informed
2010. Has the court already lost jurisdiction over the MC that the ITH previously granted it would only be
case? made applicable to the period before its transfer to a
“not less developed area.” MC filed a motion for
a. Yes, since Marian has perfected her appeal reconsideration with the BOI. If its motion is denied,
b. No, since the RTC has not transmitted the what is its remedy?
records to the appellate court
c. No, since Marian has not perfected her appeal a. Appeal to the court of Appeals
d. No, since the clerk of court has not verified the b. Appeal to the Office of the President
completeness of the records c. Petition for certiorari before the Court of Appeals
d. Appeal to the Regional Trial Court
75. Nerina filed a petition for review with the court of
Appeals under Rule 42. What is the effect of her 80. Oscar appealed under Rule 41 from the RTC to the
impleading the RTC judge as respondent? court of Appeal. Upon filling of his appellant’s brief, it
was discovered that he is raising only question of
a. It is a sufficient ground for dismissal of the law. What must the Court of Appeals do?
petition
b. It will result in automatic dismissal of the a. Dismiss the appeal
petition b. Refer the case to the Supreme Court, which has
c. It is a ground for contempt against her and her jurisdiction over the appeal
lawyer c. Order Oscar to file a petition for review with the
d. It has no effect on the petition since it is a mere Supreme Court
inadvertent mistake d. Declare Oscar in contempt of court for not
following the rules
76. Lulu appealed from the MTC to the RTC. After the
records are transmitted to the RTC, what should Lulu 81. Dario appealed to the court of appeals from the RTC
file? under Rule 41. Despite proper notice from CA Clerk
of Court, he failed to file his appellant’s brief on time.
21
The CA dismissed his appeal. Dario filed a motion for d. Yes, because he filed his petition for certiorari
reconsideration on the ground of negligence of his within the 15-day period, and thus the period
counsel. The CA must: has not lapsed.
a. Hold a hearing to determine the particulars of 85. Vela, a resident of Muntinlupa, filed a petition for
counsel’s negligence annulment of the judgment of the Metropolitan Trial
b. Grant the motion for reconsideration in the Court of Manila with the RTC of Makati on the ground
interest of justice, as technicality should not of extrinsic fraud, impleading the MeTC and Greta, a
prevail over the substantial rights of the resident of Imus, Cavite, who was favored by the
appellant MeTC judgment. Greta moved to dismiss the petition
c. Deny the motion for reconsideration because the for lack of jurisdiction, which the RTC granted. What
failure to file appellant’s brief is considered is correct remedy against the RTC order?
abandonment of the appeal.
d. Deny the motion because negligence of counsel a. Appeal by certiorari
cannot be a ground for a motion for b. Petition for certiorari
reconsideration c. Petition for review
d. Ordinary appeal
82. Angie filed a petition for a certiorari with the Court of
Appeals against Chloe, with prayer for temporary 86. On the ground of excusable negligence, Roy, the
restraining order and preliminary injunction. defendant in the case, filed a petition for relief from
Subsequently, she filed a motion for a hearing on her judgment with the RTC of Malolos, which the court
application for injunctive relief, but the notice of granted. As a results\, the judgment was set aside
hearing did not specify the time and date of the and after new trial, the RTC rendered a new
hearing of the motion. Such defect: judgment. What remedy should Ben, the plaintiff,
avail of, for a review of the RTC judgment?
a. Rendered her motion a mere scrap of paper
b. Is a cause for denial of her motion a. Ordinary appeal
c. Violated the rule on filing of motions which b. Petition for review
requires a strict compliance c. Appeal by certiorari
d. Is immaterial because the Court of Appeal is not d. Petition for certiorari
a trial court
87. From a judgment in a habeas corpus case rendered
83. Enchong filed an appeal with the Court of Appeals by the RTC of Malabon, Lulu appealed to the Court of
from the RTC judgment in a civil case. Before filing Appeal within 48 hours. After receiving the proper
the appellant’s brief, he is bent on filing a motion for notice from the CA Clerk of Court, what must she file
new trial. What can be a ground for such motion? with the CA?
a. Fraud, accident, mistake or excusable a. Appellant’s brief within 45 days

negligence b. Appellant’s position paper within 30 days
b. The evidence is insufficient to support the c. Appellant’s memorandum within 30 days
judgment d. Appellant’s index of authorities within 45 days
c. Newly discovered evidence
d. Excessive damages were awarder\d by the trial 88. Sam filed an ejectment case against Pete. The MTC
court rendered judgment in Sam’s favor. Pete appealed to
the RTC, which affirmed the MTC judgment. Pete
84. Roger sued Leroy for damages arising from a car filed an ordinary appeal with the Court of Appeals,
accident. The RTC rules in favor of Roger and which the CA dismissed. Did the CA act correctly?
ordered Leroy to pay a daily penalty of P250. He filed
a motion for new trial but the same was denied. On a. Yes, because the correct remedy is petition for
the tenth day after receiving notice of the denial review on certiorari under Rule 45.
order, he filed a notice of appeal from the judgment, b. Yes, because the correct remedy is petition for
including the order denying his motion for new trial. review under Rule 42.
After five days, he filed a petition for certiorari c. No, because the proper remedy is ordinary
against the order denying his motion for new trial. appeal under Rule 41.
Could he still file the certiorari petition? d. Yes, because the proper remedy is petition for
certiorari under Rule 65.
a. No, because he has already availed of the
remedy of appeal. 89. Will was acquitted of murder by the RTC of Davao
b. Yes, because appeal from the order denying the City, on the ground that he did not commit the crime
motion for new trial is not adequate, speedy and charged. The heirs of the victim filed a civil case to
effective. rev\cover damages against Willy. Will the case
c. No, because appeal and certiorari are anti- proper?
ethical.
22
a. No, because such acquittal forecloses any civil c. Regional Trial Court
liability against the accused, unless based on d. Metropolitan Trial Court
another source of obligation.
b. Yes, because the heirs have a right to recover 93. A brought an action for unlawful detainer against B
damages, Willy’s civil liability not having been in the Municipal Trial Court. B filed a motion to
extinguished by his acquittal. dismiss on the ground of lack of cause of action for
c. No, because the heirs do not have enough failure to first refer the dispute to the Barangay
evidence to make Willy civilly liable, considering Lupon. Acting on B’s motion, the case was
the quantum of evidence required in civil cases. dismissed. A believes that B’s motion to dismiss is a
d. Yes, because the civil case for damages can be prohibited motion under the Revised Rules on
filed by the heirs in a separate action. Summary Procedure. What remedy could A avail of
in order to obtain redress for the dismissal?
90. LTA, Inc., is the lessee of a building owned by Mr.
Tenorio paying a monthly rental of P150, 000.00 a a. Petition for prohibition
month. The owner died on May 10, 2010 and since b. Petition for Certiorari
then, LTA has not paid the monthly rentals, now c. Appeal
amounting to P600, 000.00 because two women are d. Petition for relied from judgment
both claiming to be widows of Tenorio and are
demanding the rental payments. What legal action 94. Fabian the Election Registrar of the Municipality of
may LTA’s counsel take, and before what court? Sevilla was supposedly appointed to replace Election
Registrar Pablo who was transferred to another
a. File an action for interpleader before the MTC as municipality without his content and who refused to
the subject matter involves rentals of a property accept his aforesaid transfer, much less to vacate jis
and the amount is of no moment. position in Bogo town as election registrar, as in fact
b. Wait until an action for unlawful detainer is filed he continued to occupy his aforesaid position and
by either of the claimants after which exercise his functions thereto. What is Fabian’s
consignation and deposit may then be made of remedy?
the unpaid rentals with the MTC.
c. File an action for interpleader with Regional Trial a. Mandamus
Court for the two alleged widows to resolve their b. Quo waranto
conflicting claims. c. Prohibition
d. Deposit the P600, 000.00 with the proper d. Injunction
Regional Trial Court to await any suit for sum of
money which the conflicting claimants for file. 95. On October 5, 2009, Kawayan City adopted an
ordinance prescribing that “all waiters, waitresses,
91. A government corporation, by resolution of its Board hostesses and others who have dealings with the
of Directors, allocated several hectares of its land for public are, as a condition for their continued
a housing subdivision to be distributed to its employment, required to obtain annually a mayor’s
employees by raffle and upon compliance with permit upon payment of a permit fee of P100. The
certain conditions, its general manager was ordinance further prescribes that the permit shall be
authorized to execute the corresponding deeds of paid starting the calendar year 2010. Finally, it
sale in their favor but he refused to do so. If you prescribed that violations of the provision thereof
were the lawyer of these employees, what action shall be punished by imprisonment of six (6) months
would you take? and a fine of P100 for each day of violation.
a. File an action for specific performance. One of the commercial establishments required by
b. File a petition for mandamus. the Kawayan City Mayor to comply with the
c. File an action for rescission of contract. ordinance was the Kawayan Spa, Inc., for the reason
d. File an action against the general manager for that the massage attendants have “dealings with the
damages. public. Believing in good faith that the ordinance
violates the rights of employees,” the management
92. Resources Unlimited, a well-financed foreign of the Kawayan Spa,Inc.,instructed its lawyers to
corporation would like to engage in a tax exempt institute a suit to determine whether the opinion of
business venture in the Philippines. It’s the Mayor was valid and legal, what should the
management, however, entertains some doubts as lawyers file?
to whether it could be the light of the provisions of
the Investments Incentives Act. To resolve all doubts a. A petition to declare the ordinance as
and to obtain a declaration of its rights and duties unconstitutional.
under the said law, in what court should it file a b. A petition for declaratory relief.
petition for declaratory relief? c. A petition for certiorari.
d. A petition for prohibition.
a. Supreme Court
b. Court of Appeals
23
96. ABC Company, Inc. is the lessee of the premises said premises died in September 10, 2009 and since
known as 1505 Roxas Boulevard, paying rental of then ABC Company, Inc. has not been paying the
P50, 000.00 a month. Mr. Templo, the owner of the rentals due such that it is now in arrears in the total
said premises died in September 10, 2009 and since amount of P600, 000.00, the reason being that there
then ABC Company, Inc. has not been paying the were various parties claiming the right to receive
rentals due such that it is now in arrears in the total said rentals, namely the two alleged widows of Mr.
amount of P600, 000.00, the reason being that there Templo and his two sets of children by the first and
were various parties claiming the right to receive second marriages. As counsel for ABC, what legal
said rentals, namely the two alleged widows of Mr. action will you take, by way of protecting interest?
Templo and his two sets of children by the first abd Explain.
second marriages. As counsel for ABC, what legal
action will you take, by way of protecting interest? a. Deposit the P600, 000.00 in the name of the
Explain. (adapted from the 1985 BEQ) estate of Mr.Templo with a bank to await any
claims that maybe filed for it by the contending
a. Deposit the P600, 000.00 in the name of the parties.
estate of Mr.Templo with a bank to await any b. File an action for interpreter against the
claims that maybe filed for it by the contending contending parties for them to sue each other.
parties. c. Pay to the family members of the first marriage
b. File an action for interpreter against the because they are entitled to the same, as the
contending parties for them to sue each other. second marriage is null and void.
c. Pay to the family members of the first marriage d. Deposit the P600, 000.00 in the testate or
because they are entitled to the same, as the intestate court where the settlement of the
second marriage is null and void. estate of Mr.Templo has been filed.
d. Deposit the P600, 000.00 in the testate or
intestate court where the settlement of the 99. A group of businessmen formed an association in
estate of Mr.Templo has been filed. Cebu City calling itself Cars Co., to distribute / sell
cars in said City. It did not incorporate itself under
97. On 3 January 2010, the Mayon Corp. filed a the law nor did it have any government permit on
complaint for foreclosure or real estate mortgage license to conduct its business as such. Where
against one of its sales agents, A, who was should the Solicitor General a verified petition for
discovered to have incurred a shortage in his quo warranto questioning and seeking to stop the
accounts. The mortgage was executed to guarantee operations of Cars Co.?
faithful compliance with his duties and
responsibilities as a sales agent. Impleaded in the a. Supreme Court
complaint as co-defendants were A’s co-mortagors, b. Court of Appeals
B and C. Acting on defendants’ motion to dismiss the c. Regional Trial Court of the territory where the
court dismissed the complaint in an Order dated 15 respondent resides
February 2010, a copy of which was received by d. Regional Trial Court of the City of Manila
Mayon Corporation on 18 February 2008. On 15
March 2010, and definitely within sixty (60) days 100. The defendant was declared in default in the
from receipt of the dismissal order, Mayon Corp. filed RTC for his failure to file an answer to a complaint
with the Supreme Court a special civil action for for a sum of money. On the basis of the plaintiff’s ex
certiorari under Rule 65 of the Rules of Court parte presentation of evidence, judgment by default
alleging therein that the trial court acted without or was rendered against the defendant. The default
in excess of jurisdiction or with grave abuse of judgment was served on the defendant on October
discretion amounting to lack of jurisdiction in 1, 2010. On October 12, 2010, he filed a verified
granting the motion to dismiss. Should the Supreme motion to lift the order of default and to set aside the
Court give due to course to the petition? judgment. In his motion, the defendant alleged that
immediately upon the receipt evidencing his
a. No, because of failure to observe the hierarchy payment and that the plaintiff assured him that he
of courts. would instruct his lawyer to withdraw the complaint.
b. No, because certiorari should not substitute for a The trial court denied the defendant’s motion
lost appeal. because it was not accompanied by an affidavit of
c. No, because the decision is that of an RTC merit. How should the defendant challenge the
therefore the petition should have been filed denial order?
with the Court of Appeals.
d. No, because there is no showing that a motion a. File a petition for prohibition to bar the judge
for reconsideration was filed with the RTC before from continuing with the proceedings.
the petition was brought to the Supreme Court. b. File a petition for certiorari because the judge
gravely abused his direction when he denied the
98. ABC Company, Inc. is the lessee of the premises defendant’s motion.
known as 1505 Roxas Boulevard, paying rental of c. File a petition for mandamus to compel the
P50, 000.00 a month. Mr. Templo, the owner of the judge to admit the defendant’s answer.
24
d. Appeal the judgment by default.
25
ANSWER KEY
26
Set I (Source: PALS) Set II (Source: PALS)
1. C 61. D 1. D 61. B
2. C 62. B 2. C 62. B
3. C 63. D 3. D 63. A
4. A 64. B 4. B 64. A
5. C 65. D 5. B 65. D
6. C 66. D 6. C 66. D
7. B 67. D 7. D 67. B
8. C 68. A 8. A 68. C
9. C 69. D 9. D 69. D
10. C 70. A 10. C 70. D
11. C 71. D 11. A 71. A
12. B 72. A 12. B 72. C
13. B 73. A 13. B 73. D
14. C 74. A 14. C 74. C
15. D 75. B 15. D 75. A
16. A 76. A 16. A 76. C
17. C 77. D 17. B 77. C
18. B 78. B 18. B 78. A
19. A 79. C 19. C 79. A
20. B 80. C 20. A 80. A
21. C 81. C 21. C 81. C
22. D 82. A 22. B 82. D
23. C 83. B 23. B 83. C
24. C 84. B 24. C 84. B
25. A 85. C 25. D 85. D
26. D 86. A 26. D 86. A
27. D 87. D 27. B 87. C
28. C 88. B 28. B 88. B
29. A 89. D 29. B 89. A
30. C 90. A 30. D 90. C
31. C 91. D 31. B 91. B
32. C 92. B 32. B 92. A
33. D 93. A 33. B 93. C
34. C 94. D 34. D 94. B
35. B 95. B 35. A 95. B
36. C 96. C 36. B 96. D
37. A 97. C 37. B 97. B
38. C 98. D 38. D 98. D
39. C 99. A 39. D 99. D
40. C 100. B 40. C 100. B
41. B 41. B
42. B 42. B
43. B 43. B
44. B 44. C
45. B 45. A
46. B 46. C
47. C 47. B
48. C 48. A
49. B 49. B
50. D 50. D
51. A 51. A
52. D 52. B
53. C 53. B
54. B 54. B
55. C 55. B
56. A 56. C
57. C 57. D
58. C 58. B
59. C 59. A
60. A 60. A
27
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University of Cebu

Bar Operations 2012: Ace the Bar, Race the Car!

For Private and Personal Use Only

Multiple Choice Questions b. Filing fee

a. Appellate jurisdiction a. Secretary of Labor

a. Violation of rental laws a. The delivery of the complaint in court

4. The residue of the estate of a decedent may be a. Motion to amend complaint

a. In a sum fixed by the court a. Optional

c. Question the sufficiency of the bond of the

a. In an action for money or property converted by a. Warrantless arrest

a. A resident of the Philippines a. Only matters touched upon by Z in his direct

denied by the court on 20 January 2011. B’s counsel

98. A money judgment against Y in favor of X was

99. A’s answer admits the material allegations of the

a. No, a motion must be filed by the adverse party

100. A filed a complaint against B in the Regional

a. Ordinary Appeal to the Court of Appeals

Set II 7. An absentee shall NOT be presumed dead for the

a. In all cases falling within their exclusive

d. No, because a compromise agreement is not

compound and arrested him. When the arresting a. Appellant’s Brief

a. Petition for review with CA a. Appeal

a. Fraud, accident, mistake or excusable a. Appellant’s brief within 45 days

d. Appeal the judgment by default.

Set I (Source: PALS) Set II (Source: PALS)

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