Remedial Review I Sept.

9, 2023
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1. That branch of law which provides for the jurisdiction of courts and the rules
concerning pleading, practice and rpocedure.

Remedial Law

1.1. May the Clerk of court issue, motu proprio, summons?

a. Yes

b. No

Clear selection
2. The Congress of the Philippines, in the exercise of its sovereign power, has the
mandate to provide the manner by which the courts observe and follow as far as
pleading, practice and procedure.

a. True

b. False

Clear selection

3. RA No. 8291 provides that the GSISs exempt from the payment of docket fees.
The law is invalid as far as the exemption of docket fees is concerned.

a. True

b. False

Clear selection

4. It is an action that affects title to or possession of real property or interest

therein.

Real Action

5. P sued D for sum of money. What kind of action did P institute?

Collection Of Sum Of Money

6. P filed a suit for unlawful detainer against D. Do you consider the action as a real
one?

a. Yes

b. No

Clear selection

7. P, a resident of Iligan City, sued D, a resident of Ozamis City, for sum of money in
the sum of P3M, in the MTC of Iligan City. May the MTC of Iligan take cognizance
of the case?

a. Yes

b. No

Clear selection

8. Based on the preceding problem, what about if the amount of the claim is P2M,
will your answer be the same?

a. Yes

b. No

Clear selection

9. It is an action or proceeding which is not directed against a particular person but

on the thing or res itself and which asked the court to make a declaration of or to
dispose of or deal with the res. The thing or the res may be personal or real
property or it may be a status, right, or a particular fact.

Action in Rem
10. D has properties in Bukidnon. He died without an heir in 1970. What action will
the government institute do to have D's property disposed of and be owned by the
government? (One word only)

Probate

11. Is your answer in the preceding problem, do you consider the action as in
personam?

a. Yes

b. No

12. It is an application for relief other by a pleading?

Motion

13. B was accused of murder. He fled. In the mountains, he suffered illness. He

went to the hospital and while thereat, he notified the court that he was submitting
himself to the jurisdiction of the court. He asked that he be arrested but filed a
motion for hospital arrest. The court granted the motion for hospital arrest without
hearing nor required the private complainant to comment to the motion. Was the
court correct in granting the motion for hospital arrest without hearing?

a. Yes

b. No

Clear selection
14. What kind of motion was filed in the preceding problem?

Your answer

15. Is it required that a motion for intervention be set for hearing by the moving
party?

a. Yes

b. No

16. Is the court correct to set the motion to declare defendant in default for
hearing?

a. Yes

b. No

17. P sued D for sum of money. A week after the complaint was filed, P filed a
motion for leave of court to amend the complaint. The court granted the motion
and the following day, P filed his amended complaint. Was the court correct?

a. Yes

b. No

Clear selection
18. Is it required that payment of motion fee be made at the time of the filing of the
motion for postponement?

a. Yes

b. No

Clear selection

19. During the conduct of the direct examination, the counsel moved to reset the
continuation of the direct examination because the witness was unable to bring his
eyeglasses. Is it required that the moving party be made to pay motion fee?

a. Yes

b. No

20. Is non-joinder of a party a ground for the dismissal of the action?

a. Yes

b. No

Clear selection

21. These are the written statements of the respective claims and defenses of the
parties submitted to the court for appropriate judgment.

Pleadings
22. An answer may be responded to by a reply only if the defending party attaches
an _____________________.

Actionable Document

23. A __________ is the specific denial of the material fact or facts alleged in the
pleading of he claimant essential to his or her cause or causes of action.

Negative Defense

24. Is prescription of action a proper subject of an affirmative defense?

a. Yes

b. No

Clear selection

25. Is a permissive counterclaim barred if not set up in the answer?

a. Yes

b. No

26. A ______ is a pleading, the office or function of which is to deny, or allege facts
in denial or avoidance of new matters alleged in, or relating to, said actionable
document.

Reply
27. The defendant in a third party complaint is already brought to the jurisdiction of
the court.

a. Yes

b. No

Clear selection

28. Motion for leave of court is required before a cross-claim is admitted.

a. Yes

b. No

Clear selection

29. The defendant's voluntary appearance in the action shall be equivalent to

___________.

Service of summons

30. Is it required that the judge first issue an order before the clerk of court issue
summons to the defendant?

a. Yes

b. No

Clear selection
31. To whom service of summons be served if the defendant is the Republic of the
Philippines?

Solicitor General

32. Is service of summons by publication allowed in an action for sum of money if

the defendant cannot be served with summons personally?

a. Yes

b. No

Clear selection

33. The sheriff failed to serve summons upon the defendant because the latter was
not in his house yesterday morning. The sheriff left a copy of the complaint and the
summons to Lorna, the helper of of the defendant. Yesterday afternoon, the sheriff
made a return of summons showing that the defendant was duly serves with
summons, through Lorna. Did the court acquire jurisdiction upon the defendant?

a. Yes

b. No

34. The counsel of the defendant filed a motion to dismiss for lack of jurisdiction
because of improper service of summons. Will the court be correct to deputize the
defendant's counsel to serve the summons to the defendant?

a. Yes

b. No
35. If a representative initiates an action for his principal, his authority to institute
the action is not required to be attached to the complaint.

a. True

b. False

36. If the special power of attorney is not attached to the complaint initiated by a
representative, will the court be correct to dismiss the case with prejudice?

a. Yes

b. No

37. P's lawyer is a resident and held office in Iligan City while D's lawyer held office
in Lugait, Misamis Oriental. how many days will lapse from mailing before service
of pleadings or motions are deemed received by the other party, through counsel?

at least 30 days

at least 20 days

at least 15 days

38. The notice of lis pendes may be cancelled by the Registrar of Deeds upon the
motion of the plaintiff or the defendant after a showing that its purpose was to
molest the other party or it is not necessary to protect the other party.

a. True

b. False
39. The Court may dismiss the case motu proprio when it is clear from the
complaint that venue is improperly laid.

a. True

b. False

40. If the defendant failed to file his responsive pleading within 15 days from
receipt of summons, may the Plaintiff file a motion to declare the defendant in
default?

a. Yes

b. No

41. During the hearing, Plaintiff presented to the court a deed of sale which was not
attached to the complaint nor mentioned during the pre-trial. No objection was
interposed by the Defendant. Is there a need to amend the complaint in order to
conform to the evidence, particularly the deed of sale?

a. Yes

b. No

42. Is there a need to attach to the motion to amend complaint the amended
complaint itself?

a. Yes

b. No

Clear selection
 42. Plaintiff is a resident of Ozamis City and he filed a collection case against D, a
resident of Tangub City. The case case was filed in RTC of Ozamis. May the
Plaintiff be allowed to serve summons, by himself, if service of summons by the
sheriff failed?

a. Yes

b. No

Clear selection

43. May the RTC take cognizance of a real action where the parties are both
Muslims?

a. Yes

b. No

Clear selection

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