Dashboard / My courses / BAR SUBJECTS / SPECIAL PROCEEDINGS / SPECIAL PROCEEDINGS QUIZ

Started on Friday, 19 April 2024, 2:05 PM

State Finished
Completed on Friday, 19 April 2024, 2:31 PM
Time taken 26 mins 47 secs
Marks 45.00/50.00
Grade 9.00 out of 10.00 (90%)

Question 1

Correct

Mark 1.00 out of 1.00

A special proceeding is a remedy by which a party seeks to establish a status,

a right, or a particular fact.

Select one:
True 

False

The correct answer is 'True'.

Question 2

Incorrect

Mark 0.00 out of 1.00

A Special proceeding is distinguished from an ordinary civil action where a party sues another for the enforcement or protection of a right, or
the prevention or redress of a wrong.

Select one:
True

False 

The correct answer is 'True'.

Question 3

Correct

Mark 1.00 out of 1.00

A special proceeding is initiated by petition, not by complaint.

Select one:
True 

False

The correct answer is 'True'.

Question 4
Correct

Mark 1.00 out of 1.00

In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings.

Select one:
True 

False

The correct answer is 'True'.

Question 5

Correct

Mark 1.00 out of 1.00

Special provisions under Part II of the Rules of Court govern special proceedings; but in the absence of special provisions, the rules provided
for in Part I of the Rules governing ordinary civil actions shall be applicable to special proceedings, as far as practicable.

Select one:
True 

False

The correct answer is 'True'.

Question 6
Correct

Mark 1.00 out of 1.00

Special proceedings under the Rules of Court include among others, the Settlement of estate of a deceased person, Escheat, Guardianship
and custody of minor children.

Select one:
True 

False

The correct answer is 'True'.

Question 7

Correct

Mark 1.00 out of 1.00

Trustees and Adoption and rescission and revocation of adoption is a special proceeding.

Select one:
True 

False

The correct answer is 'True'.

Question 8
Correct

Mark 1.00 out of 1.00

The following are also covered by a special proceeding under the Rules of Court: Hospitalization of insane persons; Habeas Corpus; Change
of Name; Voluntary dissolution of corporations; Judicial approval of voluntary recognition of minor natural children; Constitution of a family
home; Declaration of absence and death; Cancellation or correction of entries in the civil registry; and appeals in special proceedings.

Select one:
True 

False

The correct answer is 'True'.

Question 9

Correct

Mark 1.00 out of 1.00

Special proceedings under various laws and Supreme Court Circulars include Petitions under the Family Courts Act.

Select one:
True 

False

The correct answer is 'True'.

Question 10
Correct

Mark 1.00 out of 1.00

Special Proceedings also covers the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, Rule on
Legal Separation, Rule on Provisional Orders; Rule on Custody of Minor Children and Writ of Habeas Corpus in
Relation to Custody of Minor Children; and Summary judicial proceedings under the Family Code, proceedings for protection orders under
the Violence Against Women and
Their Children Act, Rule on Violence Against Women and Their Children.

Select one:
True 

False

The correct answer is 'True'.

Question 11
Incorrect

Mark 0.00 out of 1.00

Proceedings under the Arbitration Law and Alternative Dispute Resolution Act, Arbitration, court-annexed mediation and judicial dispute
resolution and court-annexed family mediation are also covered under special proceedings.

Select one:
True

False 

The correct answer is 'True'.

Question 12

Correct

Mark 1.00 out of 1.00

Special Proceedings under other Supreme Court Circulars include Petition for writ of amparo and Petition for writ of habeas data and Writ of
Kalikasan.

Select one:
True 

False

The correct answer is 'True'.

Question 13
Correct

Mark 1.00 out of 1.00

In a petition for settlement of estate, the applicants seek to establish the fact of

death of the decedent and to be duly recognized as among the heirs to be able to
participate in the settlement and liquidation of the estate.

Select one:
True 

False

The correct answer is 'True'.

Question 14

Correct

Mark 1.00 out of 1.00

Where the deceased left a will, the proceeding is testate and if no will was left, the proceeding is intestate.

Select one:
True 

False

The correct answer is 'True'.

Question 15

Correct

Mark 1.00 out of 1.00

Settlement of estate proceeding is subject to mediation.

Select one:
True 

False

The correct answer is 'True'.

Question 16

Correct

Mark 1.00 out of 1.00

The jurisdiction of the trial court, either as testate or intestate court, is limited to settlement of estate and probate of a will and appointment
or removal of administrator or executor.

Select one:
True 

False

The correct answer is 'True'.

Question 17

Incorrect

Mark 0.00 out of 1.00

As a general rule, THE POWER OF THE TRIAL COURT does not include determination of ownership and adjudication of title that are in issue
during the proceedings.

Select one:
True

False 

The correct answer is 'True'.

Question 18
Correct

Mark 1.00 out of 1.00

A separate action contesting the title and ownership of a property shall be instituted.

Select one:
True 

False

The correct answer is 'True'.

Question 19

Correct

Mark 1.00 out of 1.00

Nature of authority of court in probate of will IS LIMITED TO ASCERTAINING WHETHER THE TESTATOR, BEING OF SOUND MIND FREELY
EXECUTED THE WILL IN ACCORDANCE WITH THE FORMALITIES PRESCRIBED BY LAW.

Select one:
True 

False

The correct answer is 'True'.

Question 20

Correct

Mark 1.00 out of 1.00

In settlement of estate proceedings, the authority of a probate court is limited to ascertaining whether the testator, being of sound mind,
freely executed the will in accordance with formalities prescribed by law.

Select one:
True 

False

The correct answer is 'True'.

Question 21

Correct

Mark 1.00 out of 1.00

The Supreme Court held that although generally, a probate court may not decide a question of title or ownership, yet if the interested parties
are all heirs, or the question is one of collation or advancement, or the parties consent to the assumption of jurisdiction
by the probate court and the rights of third parties are not impaired, the probate court is competent to decide the question of ownership.

Select one:
True 

False

The correct answer is 'True'.

Question 22

Correct

Mark 1.00 out of 1.00

By way of exception to the abovementioned rule, “when the parties are all
heirs of the decedent, it is optional upon them to submit to the probate court the

question of title to property.”

Select one:
True 

False

The correct answer is 'True'.

Question 23
Correct

Mark 1.00 out of 1.00

A Shari’a District Court is not deprived of jurisdiction merely because petitioners raised as a defense the claim that the deceased is not a
Muslim.

Select one:
True 

False

The correct answer is 'True'.

Question 24

Correct

Mark 1.00 out of 1.00

According to the Supreme Court, the Shari’a District Court has the authority to determine whether it has jurisdiction, requiring the
determination that the deceased is a Muslim.

Select one:
True 

False

The correct answer is 'True'.

Question 25

Correct

Mark 1.00 out of 1.00

If after hearing, the Shari’a District Court finds that the deceased was not in fact a Muslim, then it should dismiss the case for lack of
jurisdiction.

Select one:
True 

False

The correct answer is 'True'.

Question 26

Correct

Mark 1.00 out of 1.00

Probate court cannot act on rights to property arising from contract nor
proceed to the probate of will that preterited a compulsory heir.

Select one:
True 

False

The correct answer is 'True'.

Question 27

Correct

Mark 1.00 out of 1.00

The probate court may act on matters pertaining to the estate but not on the rights to property arising from a contract.

Select one:
True 

False

The correct answer is 'True'.

Question 28

Correct

Mark 1.00 out of 1.00

During the hearing, the probate court shall not go through the probate of a will that preterited a compulsory heir since preterition invalidates
the will.

Select one:
True 

False

The correct answer is 'True'.

Question 29

Correct

Mark 1.00 out of 1.00

Probate court cannot act on side agreement of parties as to a right of way.

Select one:
True 

False

The correct answer is 'True'.

Question 30

Correct

Mark 1.00 out of 1.00

Any agreement other than the judicially approved compromise between the parties such as the grant of right of way, is outside the limited
jurisdiction of the probate court.

Select one:
True 

False

The correct answer is 'True'.

Question 31

Correct

Mark 1.00 out of 1.00

An alleged right arising from a “side agreement” on the right of way can be fully protected by filing an ordinary action for specific
performance in a court of general jurisdiction.

Select one:
True 

False

The correct answer is 'True'.

Question 32

Correct

Mark 1.00 out of 1.00

There are exceptions to the limited jurisdiction of the probate court.

Select one:
True 

False

The correct answer is 'True'.

Question 33
Correct

Mark 1.00 out of 1.00

Probate court can act on questions regarding heirship and status of an illegitimate child who claims to be an heir to the estate.

Select one:
True 

False

The correct answer is 'True'.

Question 34

Correct

Mark 1.00 out of 1.00

If a special proceeding for the settlement of estate of a decedent is pending, questions

regarding heirship, including prescription in relation to recognition and filiation,
should be raised and settled in said proceeding.

Select one:
True 

False

The correct answer is 'True'.

Question 35

Correct

Mark 1.00 out of 1.00

The court, in its capacity as probate court, has jurisdiction to declare who are the heirs of the decedent.

Select one:
True 

False

The correct answer is 'True'.

Question 36

Correct

Mark 1.00 out of 1.00

Even the status of an illegitimate child who claims to be an heir to a decedent’s estate which cannot be adjudicated in an ordinary civil action,
as in a case for the recovery of property, must be ventilated in the special proceeding instituted specifically for the purpose of settling the
estate of the deceased.

Select one:
True 

False

The correct answer is 'True'.

Question 37
Correct

Mark 1.00 out of 1.00

Probate court can rule on distributive shares and accounting of funds and assets to determine shareholdings.

Select one:
True 

False

The correct answer is 'True'.

Question 38

Incorrect

Mark 0.00 out of 1.00

If there is a controversy as to the distributive shares of the heirs in the estate, the probate court shall proceed to hear and decide the same as
in ordinary cases.

Select one:
True

False 

The correct answer is 'True'.

Question 39

Correct

Mark 1.00 out of 1.00

The accounting of funds and assets to determine the extent and value of shareholdings undertaken by a probate court is completely
consistent with the limited jurisdiction of said court.

Select one:
True 

False

The correct answer is 'True'.

Question 40

Incorrect

Mark 0.00 out of 1.00

The determination of title or ownership of the subject shares maybe conclusively settled by the probate court as a question of collation or
advancement.

Select one:
True

False 

The correct answer is 'True'.

Question 41
Correct

Mark 1.00 out of 1.00

Section 1, Rule 73, Rules of Court provides for the venue for settlement of

estate of a deceased person.

Select one:
True 

False

The correct answer is 'True'.

Question 42

Correct

Mark 1.00 out of 1.00

The settlement of the estate of a deceased person shall be in the proper court of the

place of residence of the deceased at the time of death, regardless of CITIZENSHIP. If the deceased person was a resident of a foreign
country, the petition shall be filed in the proper court of any place where he had estate.

Select one:
True 

False

The correct answer is 'True'.

Question 43

Correct

Mark 1.00 out of 1.00

As regards liquidation of the conjugal or community property of a deceased husband or wife, it shall be made in the corresponding estate
proceedings, but if citizenship, both spouses are deceased, then it shall be in the estate proceeding of either.

Select one:
True 

False

The correct answer is 'True'.

Question 44

Correct

Mark 1.00 out of 1.00

Question as to venue to be decided by court first taking cognizance of the petition.

Select one:
True 

False

The correct answer is 'True'.

Question 45

Correct

Mark 1.00 out of 1.00

The question of venue is to be decided by the court first taking cognizance of the petition

Select one:
True 

False

The correct answer is 'True'.

Question 46

Correct

Mark 1.00 out of 1.00

The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of the estate, shall not
be contested in a suit or proceeding, except in an appeal from that court, in the original case, or when want of jurisdiction appears on the
record.

Select one:
True 

False

The correct answer is 'True'.

Question 47

Correct

Mark 1.00 out of 1.00

The court first taking cognizance of the settlement of estate of a deceased exercises jurisdiction to the exclusion of OTHER courts in testate or
intestate proceedings.

Select one:
True 

False

The correct answer is 'True'.

Question 48

Correct

Mark 1.00 out of 1.00

The term “residence” refers to “actual residence”, as distinguished from “legal residence” or “domicile.”

Select one:
True 

False

The correct answer is 'True'.

Question 49

Correct

Mark 1.00 out of 1.00

“Residence”, in the context of venue provisions, means nothing more than a person’s actual residence or place of abode, provided the person
resides therein with continuity
and consistency.

Select one:
True 

False

The correct answer is 'True'.

Question 50

Correct

Mark 1.00 out of 1.00

The following are the kinds of Settlements, Extrajudicial settlement, Summary settlement of estate of small value, Judicial Partition, Judicial
settlement through letters testamentary or letters of administration with or without the will.

Select one:
True 

False

The correct answer is 'True'.

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