When an appeal from the judgment of the trial court has been perfected and the judgment of the

appellate court has been entered, execution of judgment is a matter of right and may be applied
for either in the trial court or in the appellate court.
FALSE

If it turns out that the plaintiff was not entitled to the writ of preliminary attachment that was
granted to him and the bond therefor proves insufficient to pay for the costs and damages that
the defendant sustained by reason of the attachment, the plaintiff may be directly held liable for
the deficiency.
FALSE

A petition for relief from judgement filed within 60 days from the time the petitioner learned of
the judgement or not later than 6 months from entry of judgement should be denied
TRUE

While a motion to dismiss is, as a rule, a prohibited motion in an action for forcible entry, the
court may nevertheless grant the defendant’s motion to dismiss based on the plaintiff’s failure to
allege in the complaint the exact date when the defendant forcibly took from him the possession
of the subject parcel of land.
TRUE

To take possession and acquire ownership of a building built by and at the expense of a private
firm on land owned by the Republic of the Philippines, the government must still file an action for
expropriation and pay just compensation.
TRUE

The CA should deny the petition for annulmethe court nt of judgement of the RTC filed on the
ground that the RTC rendered the judgement without due process of Law
FALSE

The CA properly granted the petition for annulment of judgement of the RTC filed on ground
that, due to the gross negligence of petitioner's counsel he was deprived of his day in court
TRUE

A motion to dismiss the action for support on the ground that the defendant has died should be
denied.
TRUE

The CA may not annul the judgement of the RTC under Rule 47 on the ground that it failed to
acquire jurisdiction over the person of the defendant
FALSE

In an action for expropriation, the defendant is entitled to just compensation not only for his
property taken by the plaintiff but for his other properties rendered useless by such taking.
TRUE

The MeTC shall dismiss for lack of jurisdiction an action for unlawful detainer if it is prayed in the
complaint that the defendant be ordered to vacate the leased premises or pay arrears in rentals
in the amount of P410,000.00.
TRUE

Despite a showing in an action for support that the defendant, a Taiwanese, is probably the
father of the minor and that he has the financial means to give support, it is proper for the court
to deny the application for support pendente lite.
TRUE

Under Rule 47, after declaring the judgement of the RTC null and void for having been rendered
without jurisdiction, the CA shall grant the petitioner a new trial as if a motion for new trial was
seasonably filed
FALSE

If the defendant in an action for foreclosure of real estate mortgage fails to pay his obligation
within the period prescribed in the judgment, the court may motu proprio order the sale of the
mortgaged property.
FALSE

The CA should deny the petition for annulment of Judgement of the RTC filed on the ground that
the RTC committed errors of judgement
TRUE

The plaintiff in the RTC if aggrieved by the judgement thereof may file with the CA a petition for
annulment of judgment on the ground that the RTC rendered the same without jurisdiction
FALSE

Despite the absence of any provision under Rule 39 expressly requiring the applicant for
execution pending appeal to give a bond the court may require him to give a bond
TRUE

If the defendant in an action for forcible entry is able to prove by sufficient evidence that he is
the owner of the subject parcel of land, the court is left with no choice but to dismiss the action.
FALSE

The applicants urgent need for funds to defray the medical expenses of his ailing wife is a
sufficient ground for the court to allow execution pending appeal
FALSE
Despite the pendency of the appeal taken from the judgement rendered by the MTC against the
defendant in an ejectment suit, the plaintiff may apply for execution of judgement as a matter of
right
TRUE

The applicants advance age of 81 is not a “good reason” for allowing discretionary execution of
judgement
FALSE

The writ of replevin may only be applied for and granted in an action for replevin.
FALSE

If the trial court determines that the appeal lacks merit and is patently dilatory it may grant the
application for execution pending appeal on that ground.
FALSE

The applicant’s offer to post bond should not be considered as sufficient basis for granting the
application for discretionary execution
TRUE

The court should not grant the motion for execution pending appeal during the pendency of a
motion for reconsideration of the judgement
TRUE

It is sufficient for the validity of the execution of judgement that the same was applied for and the
writ of execution be issued within five (5) years from entry of judgement
FALSE

A writ of execution shall be effective for five (5) years from its issuance
FALSE

An action for the partition of a parcel of land is a real action both for purposes of determining
proper venue and what court shall exercise exclusive original jurisdiction.
TRUE

Execution of the revived judgement shall be applied for by filing a motion for execution within
five years from the entry of judgement in the action for revival of judgement
TRUE

If the Judgement sought to be revived was rendered in a real action, the action for revival of
judgement shall be filed in the RTC of the place where the real property involved or a portion
thereof is situated
TRUE
A defendant who was required to give support pendente lite but was later on adjudged not liable
to give support may file an action against the recipient to recover whatever amount he has given
by way of support pendente lite.
FALSE

An attachment lien annotated on the title of a parcel of land shall bind a buyer thereof even if he
was not given personal notice of the attachment of said property.
TRUE

A non-resident defendant whose properties were attached because he could not be found in the
Philippines may properly move for the discharge thereof on the ground that he has, since then,
returned to the Philippines thereby rendering the continued attachment of his properties
irregular.
FALSE

An action for the revival of a revived judgement may no longer be filed

FALSE

A Philippine court may recognize a foreign divorce decree in the special proceeding for the
cancellation or correction of entries in the civil registry under Rule 108.
TRUE

The MeTC shall exercise exclusive original jurisdiction over an action for the partition of a parcel
of land situated in Pasay City where the assessed value thereof is P21,000.00.
TRUE

Under Rule 47, the CA may not annul the judgement of the RTC on the ground that the latter
rendered judgement with grave abuse of discretion amounting to lack of jurisdiction
TRUE

A petition for relief from judgement of the RTC based on extrinsic fraud shall be filed within 4
years from the time the petitioner learns of the judgement
FALSE

The CA should deny the petition for annulment of judgement of the RTC filed on the ground that
the respondent committed fraud when it presented forged documents in the RTC
TRUE

In an action for partition, the failure of a co-owner of the subject real property to join as plaintiff
or be joined as defendant shall render the entire proceedings thereof, including the judgment,
null and void.
TRUE
Under existing jurisprudence, a duly elected or appointed impeachable officer under Section 2,
Article XI of the 1987 Constitution may be ousted and excluded from his public office through a
petition for quo warranto filed by the government.
FALSE

In an action for sum of money against a defendant whose whereabouts are unknown, a writ of
preliminary attachment may be applied for by the plaintiff and granted by the court.
TRUE

If, upon motion to discharge the attachment, the defendant is able to show that the attachment
bond given by the plaintiff is insufficient, the court shall order the discharge of the attachment.
FALSE

The court may issue the writ of preliminary attachment if it is clearly alleged in the application
therefor that the defendant committed dolo incidente by repeatedly refusing to pay his obligation
despite his having the financial means to do so.
FALSE

A writ of preliminary attachment may be enforced against a defendant whose identity is

unknown even before the court could acquire jurisdiction over him.
TRUE

A defendant whose properties were attached before the court acquired jurisdiction over him may
move for the discharge of the attachment after he has been properly served summons on the
ground that the attachment was irregularly enforced.
TRUE

There is no instance when the court may properly issue a writ of preliminary injunction without
hearing and prior notice to the defendant.
TRUE

The court properly appointed a receiver upon the applicant’s assertion that a receiver would
insure that he, a co-owner, would receive her share in the income from the subject property to
defray his mounting medical expenses during the pendency of the action he brought against the
other co-owners.
FALSE

In an action for forcible entry, the plaintiff has a right in esse that would, upon the latter's motion,
warrant the issuance by the court of a writ of preliminary mandatory injunction directing the
defendant to return to the plaintiff the possession of the subject parcel of land.
TRUE
In an action to recover title to and possession of a parcel of land against a defendant who, as a
matter of defense, also claims ownership thereof, the court may issue a writ of preliminary
injunction based on the plaintiff's allegation that he will suffer great and irreparable damage if he
is not immediately given possession of the property.
FALSE

Despite a showing that the plaintiff is entitled to the injunctive writ, the fact that the defendant
would suffer great and irreparable damage if he is so enjoined may be a ground do deny the
application therefor.
TRUE

The court may, upon proper motion, extend the 20-day TRO on the ground that it has not
completed the hearing on the application for the writ of preliminary injunction.
TRUE

The purpose of appointing a receiver is to preserve the status quo and to ensure that any
judgment in favor of the plaintiff could be satisfied or enforced.
FALSE

Provisional remedies being temporary and ancillary in nature, the court may no longer appoint a
receiver after the judgment has been entered.
FALSE

A person who is entitled to a public office but is being prevented by another to exercise such
public office may file a petition for quo warranto to compel such other person to allow him to
exercise the public office to which he is entitled.
FALSE

When the defendant bank is under receivership, it cannot collect debts owing to it thereby
suspending the running of the prescriptive period for collecting debts.
FALSE

In an action for foreclosure of real estate mortgage, the defendant may avail himself of the
equity of redemption at any time after the entry of judgment but before the court issues the order
confirming the foreclosure sale.
FALSE

If the trial court determines that the appeal lacks merit and is potently dilatory, it may grant the
application for execution pending appeal on that ground.
FALSE

The court may appoint a receiver to make sure that the applicant would receive his share in the
produce of the property subject of the action during the pendency thereof.
FALSE
In an action for foreclosure of mortgage, the court may only appoint a receiver if there is a
showing that the mortgaged property is in danger of being wasted, dissipated or materially
injured and the value thereof may not be enough to satisfy the mortgage obligation.
FALSE

The JBC may be compelled by a writ of mandamus to include an applicant in the list of
candidates for RTC judges.
FALSE)

To preserve the property subject of the action during the pendency of the appeal, the appellate
court, upon application, may appoint a receiver.
FALSE

The writ of replevin may only be applied for and granted in an action for replevin.
FALSE

There is no instance when it would be justified for the sheriff to deliver the subject personal
property to the plaintiff immediately after seizing the same from the defendant under a writ of
replevin.
TRUE

At any time before judgment, the defendant from whom personal property was seized by the
sheriff under a writ of replevin may recover possession thereof either by showing the
insufficiency of the applicant's bond or filing a sufficient counterbond in favor of the applicant.
FALSE

The order of the MTC declaring a person in direct contempt may be assailed in a petition for
certiorari filed with the proper RTC.
TRUE

The failure to enforce the writ of execution within five years from its entry is a jurisdictional
defect that cannot be cured by the failure of the judgment obligor to object.
TRUE

Considering that provisional remedies are temporary and ancillary remedies, once the judgment
in the civil action has been entered, the court, upon motion of the defendant, may lift the
attachment lien on the defendant’s properties that were attached under a writ of preliminary
attachment.
FALSE
The CA properly denied the petition for relief from its judgement denying the appeal taken from
the judgement of the RTC on the ground that, due to the appellee's fraud the appellant was
prevented from presenting his evidence during the trial in the RTC
TRUE

The CSC may grant the petition for relief from its resolution filed on the ground that the
respondednt fraudulently prevented the petitioner from presenting the case to the Commission
FALSE

The court should grant the application for support pendente lite over the defendant's objection
stating that a similar action for support previously filed against him by the plaintiff had been
dismissed with prejudice upon joint motion by the parties.
TRUE

The guns being supplied by the judgment obligor, a security agency, to its security guards are
tools and implements of their trade and are therefore exempt from execution under Section 13
of Rule 39.
FALSE

The remedy of a third-party claimant whose claim (terceria) was denied by the court is to file a
separate and independent accion reinvidicatoria to recover title to and possession of his
property.
TRUE

In an action to recognize a foreign judgment declaring a marriage void on the ground of bigamy,
the Philippine court should determine whether such foreign judgment complied with the Rule on
Annulment or Nullity of Marriage or A. M. No. 02-11-10- SC.
FALSE

There is no instance when the court may require persons other than the defendant to give
support pendente lite.
FALSE

The defendant may move for the discharge of the order requiring him to give support pendente
lite by filing with the court a sufficient counterbond in favor of the applicant.
FALSE

Despite a showing in an action for support that the defendant, a Taiwanese, is probably the
father of the minor and that he has the financial means to give support, it is proper for the court
to deny the application for support pendente lite.
TRUE

The court may only require the defendant to give support pendente lite if the same is applied for
by the plaintiff.
FALSE

The court properly appointed a receiver upon the applicant’s assertion that a receiver would
insure that he, a co-owner, would receive her share in the income from the subject property to
defray his mounting medical expenses during the pendency of the action he brought against the
other co-owners.
FALSE

A person who seeks to be clarified as to the correct interpretation of certain provisions in a

contract to which he is a party may file with the proper court a petition for declaratory relief.
FALSE

The government, through the Solicitor General, may file the petition for quo warranto in the RTC
of Manila against the respondent who is a resident of Quezon City.
TRUE

In an action for interpleader, a defendant may move for the dismissal of the complaint on the
ground that the same failed to state a cause of action.
TRUE

Without exception, an action for declaratory relief falls within the exclusive original jurisdiction of
the RTC.
TRUE

An action for interpleader shall be commenced and tried in the proper court of the place where
the plaintiff or the defendants reside at the option of the plaintiff.
FALSE

An action for an interpleader falls within the exclusive original jurisdiction of the RTC.
FALSE.

The MTC shall exercise exclusive original jurisdiction over a petition to quite title where the
assessed value of the real property involved is P20,000.00.
TRUE

The only instance when it is mandatory upon the Solicitor General to file a petition for quo
warranto is when the President of the Philippines directs him to do so.
FALSE

The Court of Appeals may issue a writ of mandamus to compel the RTC to render a judgment in
a case which had been pending for so many years.
TRUE
The buyer in a pacto de retro sale of a parcel of land may file with the proper court a petition for
consolidation of ownership if the seller fails to exercise his right of redemption within the period
agreed upon.
TRUE

Over the objection of the lessor that there is already a violation of the lease contract, the lessee
who refused to pay the increased rental demanded by lessor based on a disputed provision in
the lease contract may file an action for declaratory relief for the court to interpret the disputed
provision.
TRUE

The Supreme Court does not exercise appellate jurisdiction over judgments, resolutions or final
orders of COA or COMELEC.
TRUE

In an action for foreclosure of real estate mortgage, there is no instance when the defendant
may exercise the right of redemption.
FALSE

A party aggrieved by a resolution of COA, a quasi-judicial agency, may file with the Court of
Appeals a petition for review under Rule 43 within 15 days from notice of the assailed
resolution.
FALSE

Despite the pendency in the Supreme Court of a petition for certiorari assailing its resolution,
COA may, upon motion by the respondent, order the execution of the assailed resolution.
TRUE

A party aggrieved by the decision of COA may file with the Supreme Court a petition for review
on certiorari within 30 days from notice of the decision alleging that respondent COA acted with
grave abuse of discretion when it rendered the assailed decision.
FALSE

The RTC may issue a writ of prohibition to prevent the MTC from trying a case over which it has
no jurisdiction.
FALSE

The RTC may issue a writ of mandamus to compel the municipal mayor to implement an
ordinance duly passed by the Sangguniang Bayan.
TRUE

A person claiming to be entitled to the public office being usurped by another may file a petition
for quo warranto within one year after the cause of the ouster.
FALSE

A petition for indirect contempt may be filed with the RTC against a person who, without
justifiable cause, disobeyed a subpoena issued by a commissioner appointed by an MTC.
TRUE

Actions of executive and legislative officials not performing judicial or quasi-judicial functions
may be nullified or set aside in a petition for certiorari if such actions are tainted with grave
abuse of discretion.
TRUE

The RTC may issue a writ of mandamus to compel the MTC to grant the motion for execution
filed by the judgment creditor.
TRUE

The only remedy for an error of jurisdiction is a petition for certiorari under Rule 65.
FALSE

While a petition for indirect contempt is a special civil action, the court may order the
imprisonment of the respondent if found guilty of indirect contempt.
TRUE