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MOCK BAR EXAMINATION QUESTIONS IN

REMEDIAL LAW
1. The venue of a petition for a judicial settlement of the estate of a resident of
the Philippines, whether a citizen or alien is:
a. the place where he died.
b. his residence at the time of his death.
c. any of the provinces where he had any property at the time of his
death.
d. any of the above places at the option of the petitioner.
e. none of the above.
2. Which of the following is not correct? The etrajudicial settlement of the
estate of a decedent is allowed:
a. when he died testate.
b. when he died intestate.
c. regardless of the value of his estate.
d. when he was not survived by children.
e. none of the above.
3. Which is correct? The allowance of a will is:
a. not conclusive as to its due eecution.
b. conclusive as to its due eecution.
c. conclusive as to the validity of the dispositions made therein.
d. not conclusive on anything.
4. The petition for the allowance of a will may not be filed by:
a. the testator himself during his lifetime
b. the eecutor
c. the devisee! legatee
d. a person who is not interested in the estate.
5. " will proved and allowed in a foreign country may be allowed in the
Philippines if:
a. #t was proved and allowed in accordance with the laws of such foreign
country.
b. The will was eecuted in the Philippines.
c. The will was eecuted in such foreign country.
d. $one of the above.
6. Which is not correct? " special administrator has the power to:
a. %ommence and maintain suits as administrator.
b. Ta&e possession of the estate of the deceased.
c. 'ell any property of the estate without court authority.
d. Pay the debts of the deceased upon order of the court.
7. The actions, which may be filed against an eecutor or administrator, do not
include:
a. recovery of real or personal property from the estate.
b. recovery of an interest in such property.
c. enforcement of a lien on such property.
d. recovery of a loan evidenced by a promissory note signed by the
decedent.
8. " probate court can:
a. issue writs of eecution in all cases.
b. not issue a writ of eecution in any case.
c. issue a writ of eecution in only three ()* instances.
9. The residue of the estate of a decedent may be distributed to the heirs, even
before all the obligations of the estate have been paid if the distributees or
any of them gives a bond to guarantee the payment of the unpaid obligations
within the time fied by the court:
a. in a sum fied by the court.
b. in an amount e+ual to twice the said unpaid obligations.
c. a cash bond e+ual to the amount of the said unpaid obligations.
10. The venue of a petition for the escheat of the estate of a decedent who
was a resident of the Philippines is:
a. his residence at the time of his death.
b. the place of his death.
c. any of the places where his properties are located.
d. any of the places where he resides.
e. the place where he last resided.
11. The venue of a petition for guardianship of a minor or incompetent who
resides in the Philippines is:
a. his residence
b. the residence of the guardian.
c. the place where any of his properties is located.
d. anywhere in the Philippines.
12. " return of a writ of habeas corpus is considered prima facie evidence of
the cause of the detention if:
a. made by a public officer.
b. made by a private person.
c. the detention is pursuant to a warrant of arrest.
13. When a person is detained by a private person, the writ of habeas corpus
is directed:
a. to the said private person.
b. to an officer of the law.
c. to any person designated by the court.
d. none of the above.
14. ,abeas %orpus issued by the -egional Trial %ourt (-T%* is enforceable
only in:
a. the territorial jurisdiction of the -T% that issued it.
b. the place where the person is actually detained.
c. in the judicial region to which the -T% that issued it pertains.
d. none of the above.
15. The venue of a petition for a change of name is:
a. the place of birth of the petitioner.
b. his residence.
c. the place where his birth was registered.
d. the place where he was baptized.
e. any place in the Philippines.
16. The period of appeal from an order in a special proceeding is:
a. ./ days from notice, if no motion for reconsideration is filed.
b. ./ days from notice of denial of a motion for reconsideration.
c. )0 days from notice
d. none of the above.
17. 1r. PP, a resident of 2uezon %ity was sideswiped while he was wal&ing
along a narrow street by a car negligently driven by 1r. 33, a resident of
1anila. "ny suit for damages should be filed in:
a. 1a&ati city where the incident happened.
b. The place stipulated upon by the parties after the incident.
c. 1anila, the residence of 1r. 33.
d. 2uezon %ity if 1r. PP so desires.
18. The following defenses and objections not pleaded either in a motion to
dismiss or in the answer are not deemed waived. Which is the eception?
a. 4urisdiction over the subject matter
b. 4urisdiction over the person of the defendant
c. 5itis pendencia
d. -es judicata
e. Prescription
19. 1r. PP files a complaint against 1r. 33. The latter failed to answer within
the reglamentary period.
a. The court may motu propio declare the defendant in default for
violation of the rules as long as the defendant is notified.
b. The court may thereupon render judgment granting the claimant the
relief prayed for.
c. The court may direct the defendant to answer so that the issues may
be joined.
d. The defendant is ipso facto in default.
e. The defendant may be declared in default upon motion of the claiming
party, notice to defending party, and upon proof of the defendant6s
failure to answer.
20. 1r. 'antos, the defendant in an action for annulment of marriage failed to
file his answer, under the circumstances:
a. The court shall order 1r. 'antos to file his answer.
b. The court may motu propio declare 1r. 'antos in default.
c. The court may declare 1r. 'antos in default upon motion of 1rs.
'antos and proof the defendant6s failure to answer.
d. The court shall order the prosecuting attorney to determine whether or
not collusion eists between the parties.
e. The court shall order the prosecuting attorney to prevent fabrication of
evidence.
21. The following are the grounds that would justify a motu propio dismissal
of the complaint by the court. Which is the eception?
a. #mproper venue.
b. 7ailure of plaintiff to appear on the date for presentation of his
evidence in chief.
c. 7ailure to prosecute the action for an unreasonable length of time.
d. 7ailure to comply with the -ules.
e. 7ailure to comply the order of the court.
22. 33, defendant in a civil suit failed to appear during the pre8trial:
a. ,is appearance is ecused provided his counsel is present.
b. ,is appearance is ecused as long as his attorney is fully authorized in
writing to enter into an amicable settlement without need for showing a
cause for his absence.
c. ,is non8appearance will be ecused only if he is incapacitated.
d. ,is failure to appear without justifiable cause will automatically
authorize the plaintiff to present his evidence ex parte.
e. $one of the above states a correct procedural rule.
23. 1r. PP sued 1r. 33. 1r. %% believes that he has a legal interest in the
subject matter of litigation and in the success of 1r. 33.
a. Without leave of court, 1r. %% may intervene in the suit.
b. 1r. %% should file a third party complaint with leave of court.
c. 1r. %% should file an inter pleader with leave of court.
d. 1r. %% should file a cross8claim with leave of court.
e. 1r. %% with leave of court may intervene in the suit.
24. 1r. PP sued 1r. 33 who in his answer generally denied the material
allegations in the complaint. 1r. PP should file a:
a. 3emurrer to evidence
b. " reply to the answer
c. " motion for bill of particulars
d. " motion for summary judgment
e. " motion for judgment on the pleadings
25. 9tra8territorial service of summons is proper only in the following
instances. Which is the eception?
a. When the action against the resident defendant affects the personal
status of the plaintiff and the defendant is temporarily outside the
Philippines.
b. When the action is against a non8resident defendant who is formerly a
Philippine resident and the action affects the personal status of the
plaintiff.
c. When the action against the non8resident defendant relates to property
within the Philippines in which the defendant has a claim or lien.
d. When the non8resident defendant is to be ecluded from any interest
on a property located in the Philippines.
e. When the non8resident defendant6s property is to be attached in the
Philippines.
26. 1r. PP has just completed presentation of his evidence against the
defendant, 1r. 33. :elieving that the plaintiff has shown no right to relief
upon the facts and the law, 1r. 33 moved to dismiss the complaint (demurrer
to evidence*. The motion was granted and the complaint was dismissed. 1r.
PP appealed and the appellate court reversed the order of dismissal.
a. 1r. 33 may insist on his right to present evidence in support of his
defense on the ground of due process.
b. 1r. 33 is deemed to have waived his right to present his evidence.
c. 1r. 33 should avail of certiorari as a mode of appeal.
d. 1r. 33 should avail of certiorari as a special civil action and raise
jurisdictional grounds.
e. 1r. 33 should avail of prohibition to prevent the lower court from
further proceedings.
27. 1r. 33 lost in a civil suit filed against him by 1r. PP. 1r. 33 honestly
believes that the judgment is contrary to law and that its findings are not
supported by the evidence. 1r. PP was also awarded damages, which 1r.
33 believes as ;ecessive<. The remedy of 1r. 33 is
a. to file an appeal by certiorari.
b. to file a motion for new trial and if denied then appeal from the
judgment.
c. to file a motion for reconsideration and if denied file a petition for
certiorari raising jurisdictional grounds.
d. to file a motion for reconsideration and if denied then appeal from the
judgment..
e. to file an action to annul the judgment.
28. "fter a judgment has become final and eecutory, the following may
constitute a remedy of the losing party. Which is the eception?
a. Petition for relief
b. "ction to annul the judgment
c. 1otion for a new trial or consideration
d. "ny of =a6 or =b6
e. $one of the above
29. 4udgments of the -egional Trial %ourt rendered in the eercise of its
appellate jurisdiction may be assailed:
a. by ordinary appeal to the %ourt of "ppeals
b. by petition for review to the 'upreme %ourt
c. by petition for review to the %ourt of "ppeals
d. by ordinary appeal to the 'upreme %ourt
e. by appeal by certiorari to the 'upreme %ourt
30. "t the commencement of the action or at any time before entry of
judgment, a plaintiff or any proper party may avail of a remedy to secure the
satisfaction of the judgment that may be rendered by the court. This remedy
is:
a. accion pauliana
b. accion reivindicatoria
c. preliminary attachment
d. preliminary injunction
e. replevin
31. Whenever conflicting claims upon the same subject matter are or may be
made against a person who claims no interest whatsoever in the subject
matter, he may bring an action against the conflicting claimants to compel
them to litigate their several claims among themselves. This action is called:
a. declaratory relief
b. partition of claims
c. receivership
d. inter pleader
e. none of the above
32. When a person is interested under a deed, will, contract or other written
instrument and whose rights are affected by a statute, eecutive order or
regulation, before the breach or violation thereof, may file a petition for
declaratory relief in order:
a. to determine the effectivity of a statute
b. to see& for affirmative relief, specifically for damages
c. to see& for a declaration of the petitioner6s rights or duties
d. to find ways to attac& the constitutionality of an eecutive order
e. to determine the effectivity of a law
33. When any tribunal board or officer eercising judicial or +uasi8judicial
functions has acted without or in ecess of jurisdiction or with grave abuse of
discretion, amounting to lac& or ecess of jurisdiction, and the purpose is to
have the judgment or order of such tribunal board or officer annuled or
modified, the remedy available is:
a. certiorari under -ule >/
b. certiorari under -ule ?/
c. prohibition
d. mandamus
e. +uo warranto
34. -eal 9vidence is addressed to 8
a. the senses of the %ourt
b. the opinion of an epert
c. the lawyer propounding the +uestion
d. the cler& of court
35. " mere offer of compromise is admissible to prove8
a. civil liability
b. criminal propensity
c. criminal guilt
d. negligence
36. " witness is allowed to refer to a memorandum to refresh his memory8
a. respecting a matter of law
b. respecting the opinion of an epert
c. respecting a matter of fact recorded by his superior
d. respecting a matter of fact he recorded a long time ago
37. #ndependent relevant evidence is admissible to 8
a. to prove the truth of a fact
b. to prove the falsity of a fact
c. to convince the judge to decide the case in favor of a party
d. to show that a fact occurred whether it is true or not
38. The testimony of a single witness is 8
a. never credible
b. is always credible
c. can be credible only if corroborated
d. may be believed even if not corroborated
39. When must an accused not under preventive detention be arraigned?
a. Within )0 days after the filing of the complaint or information
against him.
b. Within )0 days after the approval of his bail bond.
c. Within )0 days from the date the court has ac+uired jurisdiction
over his person.
40. The court may allow an accused to plead guilty to a lesser offense
necessarily included in the offense charged against him, if his offer to so
plead is consented to by:
a. the public prosecutor
b. the private offended party
c. the public prosecutor and the private offended party
41. 5eave of court is re+uired for an amendment of a complaint or information
even before the accused has been arraigned, if the amendment:
a. is of a substantial nature
b. upgrades the nature of the offense from a lower to a higher
offense
c. includes another accused
d. downgrades the nature of the offense from a higher to a lower
offense or ecludes any accused
42. When is a preliminary investigation re+uired?
a. #n all cases regardless of the penalty for the offense charged.
b. #n cases where the penalty for the offense charged is below four
(>* years, two (@* months and one (.* day of prision correccional.
c. #n cases where the minimum penalty for the offense charged is
four (>* years, two (@* months and one (.* day of prision
correccional.
43. When is an order sustaining a motion to +uash a bar to a prosecution for
the same offense?
a. #f the ground thereof is lac& of jurisdiction of the court over the
offense charged.
b. #f the ground thereof is that the complaint or information charges
two or more offense, which do not constitute a comple offense.
c. #f the ground thereof is the prescription of the offense or the
penalty therefore.
44. When is the authentication of a private document offered in evidence not
re+uired?
a. When it is offered as an authentic document.
b. When it is more than )0 years old, produced from a custody in
which it would naturally be found if genuine, and is unblemished
by any alteration or circumstance of suspicion.
c. When it is less than )0 years old at the time of its presentation.
45. Which of the following is not correct? " party against whom a witness
testified may impeach the latter by:
a. contradictory evidence
b. evidence that his general reputation for truth, honesty or integrity
is bad
c. evidence that he has made at other times statements inconsistent
with his present testimony
d. evidence of particular wrongful acts committed by the witness
46. When is the etra8judicial confession of an accused sufficient for
conviction?
a. 9ven without corroboration thereof by evidence of corpus delicti.
b. Anly when it is corroborated by evidence of corpus delicti.
c. -egardless of whether or not it is corroborated by evidence of
corpus delicti.
47. The written agreement between "", a resident of "bra, and ::, a
resident of %agayan made before the suit, states that ;any suit involving this
lot located in $ueva 9cija, shall be filed only in the proper court of
Pampanga.< ,ence, the suit must be filed:
a. in "bra
b. in %agayan
c. in $ueva 9cija
d. #n Pampanga
48. The -egional Trial %ourt (-T%* affirmed the order of the 1unicipal Trial
%ourt (1T%* granting a motion to dismiss (1T3* on the ground that it has no
jurisdiction over the subject matter of the case. 'uch subject matter is within
the jurisdiction of the -T%. ,ence, what should -T% do?
a. 1ust merely affirm the 1T% order.
b. -emand the case to the 1T% for further proceedings.
c. 1ust try the case on the merits as if the case was originally filed
with it.
49. #n appeals by notice of appeal, when does the court lose jurisdiction over
the case?
a. Bpon the perfection of the appeal of a party filed in due time.
b. Bpon the epiration of the time to appeal of the other parties.
c. Bpon the perfection of the appeal of a party filed in due time and
the epiration of the time to appeal of the other parties.
50. When may a plaintiff amend his pleading once as a matter of right?
a. "t any time before the defendant has served on him his
responsive pleading.
b. "t any time after the defendant has served on him his responsive
pleading.
c. " plaintiff has no right to amend his pleading, unless the court has
previously given him leave to amend his pleading.
51. #n an original action for certiorari, prohibition, mandamus, +uo warranto,
when does the %ourt of "ppeals ac+uire jurisdiction over the person of the
respondent?
a. :y the service of summons upon him
b. :y the service of a copy of the petition on him
c. Bpon the service on him of the owner or resolution of the court of
appeals indicating its initial action on the petition or by his
voluntary submission to the jurisdiction of the court of appeals.
52. When the court renders a judgment in a judicial foreclosure against the
defendant, when is the mortgaged property sold at public auction to satisfy
the judgment?
a. "fter the decision has become final and eecutory.
b. "fter the failure of the defendant to pay the judgment amount
within the period fied in the decision which shall not be less than
ninety (C0* nor more than one hundred twenty (.@0* days from
entry of judgment.
c. The mortgaged property is never sold at public auction.
53. #n an action for the recovery of personal property, at what stage of the
proceedings may the plaintiff apply for an order for the delivery of such
property to him?
a. "t any time during the trial
b. "fter an answer has been filed
c. "t the commencement of the action but before an answer has
been filed.
54. The court is mandated to ta&e judicial notice of the fact that:
a. An 0/ 7ebruary .C>/, the seat of the Philippine -epublic had
been transferred to :aguio %ity.
b. -eal estate is usually declared for taation purposes by the
owners thereof with an assessed value much lower than their
actual mar&et value.
c. There is a crisis in the pre8need industry.
d. :efore reaching a station, buses slow down and the conductor
announces the name of the station.
55. What is $AT considered an original of a document:
a. "n entry repeated in the course of business, one being copied
from another at or near the time of the transaction.
b. " carbon copy of an application form
c. " document eecuted in triplicate at or about the same time with
identical contents.
d. $one of the above
56. "ll ecept one of the following is hearsay:
a. "n affidavit of a witness to the eecution of a document who was
not presented as a witness in the trial.
b. The testimony of the owner of a building founded on the record
prepared according to the verbal statements of his employees.
c. The testimony of a complainant regarding tet messages he
received from a respondent.
d. The testimony of a police inspector that he was told by others that
there were several gambling houses in a town among them the
defendants.
57. "ll ecept one of the following is true with respect to confessions:
a. #t is a categorical ac&nowledgment of guilt.
b. #t must always be epress, never implied.
c. #t may be made by third persons and, in certain cases, are
admissible against a party.
d. #t may be made only by the party himself and, in some instances,
are admissible against his co8accused.
58. What is $AT allowed to happen in enforcing a foreign judgment in the
Philippines?
a. The court with which the action to enforce the foreign judgment is
filed ta&es judicial notice of the foreign judgment.
b. The party who files the action presents a certified true copy of the
judgment by the cler& of the court of the foreign tribunal that
rendered it.
c. The party who files the action presents a certification from the
Philippine diplomatic representative in the said foreign country
that the person who issued the copy is the legal custodian thereof.
d. "ll of the above
59. The police sought " for +uestioning in connection with the &illing of the
deceased. ,e was seen wearing a bloodstained shirt. 3uring his
interrogation, " was not assisted by counsel. ,e admitted his guilt and
showed the &nife he used to commit the crime. What piece of evidence is
admissible?
a. The bloodstained shirt
b. The &nife he used to commit the crime
c. ,is etra8judicial confession
d. $one of the above
60. D was charged with robbery with rape. ,e too& the stand on his own
behalf and testified on the alleged robbery. An what matters may the
prosecution cross eamine the accused?
a. Anly matters touched upon by D in his direct testimony.
b. 1atters involving the alleged rape.
c. 1atters involving D and other relevant matters.
d. "ll of the above
61. Which of the following is $AT a public document?
a. The written official acts, or records of the official acts of the
sovereign authority, official bodies and tribunals, and public
officers.
b. 3ocuments ac&nowledged before a notary public
c. Public records, &ept in the Philippines, of private documents
re+uired by law to be entered therein
d. 5ast wills and testaments
62. What is $AT a re+uisite in order for the 3ead 1an6s 'tatute to be
applicable?
a. The witness is a party or an assignor of a party
b. The action is against an eecutor or an administrator of an estate
c. The testimony should refer to any matter of fact which occurred
after the death of the deceased.
d. The subject matter of the action is a claim or demand against the
estate of a deceased person.
63. Which of the following matters need to be proven by the parties to an
action?
a. 7acts which are admitted or which are not denied in the answer,
provided they have been insufficiently alleged.
b. Those which are the subject of an agreed statement of facts
between the parties.
c. 7acts which are not subject to judicial notice.
d. Those admitted by any party.
64. "n adverse party6s witness may $AT be impeached by:
a. evidence that in the community where he resides, his general
reputation for truth, honesty or integrity is bad.
b. a prior inconsistent statement
c. particular instances of immoral or wrongful acts, or improper or
unlawful conduct that the witness may have committed.
d. 9vidence of a prior conviction of an offense which may be proved
by eliciting an admission from the witness or by a record of his
conviction.
65. Who may $AT be ecluded from the proceedings of a case?
a. Parties to the action or the accused in a criminal case
b. 9pert witnesses
c. -ebuttal witnesses
d. "ll of the above
66. Which of the following statements is correct?
a. #t is the duty of the judge to rest his findings of facts and his
judgment only and strictly upon the evidence offered by the parties
at the trial.
b. #t is the duty of a party to select the competent from the
incompetent in offering testimony and he cannot impose this duty
upon the trial court.
c. #t is discretionary upon the trial court to reject the entire evidence
or receive evidence those parts which are admissible and reject
the other parts.
d. "ll of the above
67. Which statement refers to ;corpus delicti<?
a. #t is the body or substance of the crime.
b. #t is the fact that a crime has actually been committed.
c. #t is the actual commission by someone of the particular crime
charged.
d. "ll of the above
68. Which of the following is $AT a re+uisite for the admissibility of a dying
declaration?
a. The declaration relates to the facts or circumstances pertaining to
the fatal injury or death.
b. The declarant is dead.
c. The declaration is made in connection with a startling occurrence.
d. The declarant would have been competent to testify had he
survived.
69. "ll criminal actions shall be commenced by:
a. complaint
b. information
c. preliminary investigation
d. a or b
70. " holographic will which is contested may be allowed when its
authenticity is proven by:
a. one (.* witness who saw the testator write and sign it
b. two (@* witnesses who saw the signing thereof
c. three ()* witnesses who declare that they saw the testator sign it
d. three ()* witnesses who &now the handwriting of the testator
eplicitly declare that the will and the signature thereon are in the
handwriting of the testator
71. #n a rape case, jurisdiction is conferred by:
a. law
b. complaint of offended party
c. information filed by the Prosecuting Afficer
d. all of the above
72. The public prosecutor need not be present during the trial of a criminal
case in the -egional Trial %ourt:
a. when there is a private prosecutor
b. when he has turned over the active conduct of trial to the private
prosecutor
c. he should always be present unless the chief of the prosecution
office or the regional state prosecutor has authorized the private
prosecution in writing to prosecute the case subject to the
approval of the court
d. when he has lost controls of the prosecution
73. The signature of counsel in the pleading constitutes a certification that:
a. his client had read the pleading and certifies to the accuracy of the
material allegations therein.
b. his client had read the pleading and that to the best of the client6s
&nowledge, information and belief, there is good grounds to
support it and not interposed for delay.
c. he has read the pleading, that to the best of the client6s
&nowledge, information and belief, there is good grounds to
support it and that is not interposed for delay.
d. he has read the pleading, that based on his personal information,
there is good grounds to support it, and that it is not interposed for
delay.
e. that both client and counsel have read the pleading, that to the
best of their &nowledge, information and belief there are good
grounds to support it and that it is not interposed for delay.
74. The rule that a complaint or information must charge only one offense is
absolute.
a. True
b. 7alse, this is subject to eception.
c. 7alse, ecept when eisting laws prescribe a single punishment
for various offense.
d. 7alse, ecept when there are several accused with different
participations in the commission of the crime.
75. Which of the following statements does not conform with eisting
procedural concepts?
a. 9rrors of jurisdiction are normally correctible by certiorari while
errors of judgment are correctible by appeal.
b. 4urisdiction over the plaintiff is ac+uired by the filing of the
complaint, petition or initiatory pleading.
c. 4urisdiction over the defendant is ac+uired only by a valid service
of summons.
d. 4urisdiction over the issues of the case is determined and
conferred by the pleadings filed in the case or by the agreement of
the parties.
e. 4urisdiction over the rest is ac+uired by the actual or constructive
seizure by the court of the thing in +uestion, placing the same
under the custody of the court.
76. #f any of the defendants does not reside and is not found in the
Philippines, and the action affects the personal status of the plaintiff, the
action may be commenced and tried:
a. in the court of the place where the defendant may be found
b. in the court of the place where the plaintiff resides
c. in the court of the place where the defendant formerly resided
d. in the court of the place of birth of the plaintiff
77. 3uring the trial of a damage suit, 1r. 33, defendant, introduced evidence
on a matter not raised in the pleadings of the parties. 1r. PP, plaintiff
promptly objected on the ground that the evidence concerns a matter not in
issue. Bnder the circumstances:
a. the court has no alternative but to sustain the objection
b. the court must overrule the objection and treat the issue as if it
had been raised in the pleadings
c. the court must order the amendment of the pleadings to conform
to the evidence and grant a continuance to enable the
amendment to be made.
d. the court in its discretion may allow amendment of the pleading if
doing so would serve the ends of substantial justice.
e. the court may order the stri&ing out of an allegation which does
not conform to the evidence.
78. 9vidence beyond reasonable doubt 8
a. is the same as preponderance of evidence
b. is the e+uivalent of substantial evidence in administrative cases
c. must be absolutely certain to convict
d. must be morally certain, otherwise the accused is entitled to
ac+uittal
79. " petition for adoption may be filed in the -egional Trial %ourt of
a. the place where the adopter resides
b. the place where the adoptee resides
c. the place where the adoptee was born
d. the place where the birth of the adoptee was recovered
80. ,abeas %orpus is not the proper remedy to secure the release of a
person detained pursuant to:
a. a warrantless arrest
b. a warrant of arrest
c. a warrant of arrest issued on the basis of an information charging
an offense which has already prescribed.
d. his voluntary surrender
81. #n a case for alleged drug8pushing, evidence of:
a. the buy8bust money is indispensable
b. the confidant6s testimony who accompanied the poseur8buyer is
necessary
c. the drugs subject of the case is indispensable
d. the testimony of the chemist who eamined the alleged drugs is
indispensable
82. The petition for the voluntary recognition of a minor natural child may be
filed only by:
a. the child
b. the mother of the child
c. the father of the child
d. the child or his parent
e. none of the above
83. The following pleadings are allowed under the -ules on 'ummary
Procedure, ecept a:
a. complaint
b. answer to the complaint
c. cross claim
d. compulsory counterclaim
e. reply
84. 2uo warranto proceedings may be brought against the following, ecept:
a. a public officer who usurps, intrudes, or unlawfully holds a public
office
b. a public officer who refuses to assume a public office because
someone has usurped his position
c. a public officer who commits an act which constitutes a ground for
the forfeiture of his office
d. a corporation which acts as a corporation without legal authority to
act
e. $one of the above
85. 1r. PP files a complaint against 1r. 33. The latter failed to answer within
the reglamentary period.
a. The court may motu propio declare the defendant in default for
violation of the rules as long as the defendant is notified.
b. The court may thereupon render judgment granting the claimant
the relief prayed for.
c. The court may direct the defendant to answer so the issues may
be joined.
d. The defendant is ipso facto in default.
e. The defendant may be declared in default upon motion of the
claiming party and upon proof of the defendant6s failure to answer.
86. When the criminal action has already been instituted, an application for
search warrant shall be filed in the:
a. %ourt within whose territorial jurisdiction a crime was committed.
b. %ourt where the criminal action is filed.
c. %ourt within the judicial region where the crime was committed if
the place of the commission of the crime is &nown.
d. %ourt where the criminal action is pending.
87. "ll of the following statement are true, ecept:
a. if the court denies demurrer to evidence filed with leave of court,
the accused may adduce evidence in his defense
b. The motion for leave of court to file demurrer to evidence shall be
filed within an etendible period of five (/* days
c. The order denying the motion for leave of court to file demurrer to
evidence or the demurrer itself shall be reviewable by appeal or by
certiorari before judgment
d. :oth : and %
88. Which of the following statement is correct?
a. 9ven the counsel for the accused or prosecutor does not appear
at the pre8trial conference, they are not re+uired to offer an
acceptable ecuse for his lac& of cooperation.
b. Warrant of arrest is valid only for ten days while a search warrant
does not epire.
c. $o bail shall be allowed after a judgment of conviction has
become final even the accused applies for probation.
d. The accused may, before arraignment, move for a bill of
particulars.
89. When is the accused allowed to file motion to +uash?
a. "t any time before arraignment
b. Within .0 days after the accused has entered his plea
c. "t any time before the judgment become final
d. "fter the accused has entered his plea
90. The following are allowed to conduct preliminary investigations ecept:
a. Provincial or %ity Prosecutor and their assistants.
b. 4udges of 1unicipal Trial %ourts and 1unicipal %ircuit Trial %ourts
c. $ational and -egional 'tate Prosecutors
d. 'pecial prosecutors of the Ambudsman
91. :ail is a matter of right under the following conditions:
.. #n 1T%, 1T% in %ities, 1%T% before or after convictions
@. #n -T%, after conviction if the penalty imposed is not more than si
(?* years
). #n -T%, before conviction of an offense not punishable by death,
reclusion perpetua or life imprisonment.
Which of the following conditions are correct?
a. 'tatement $o. . only
b. 'tatement $o. @ only
c. 'tatement $o. ) only
d. :oth statement $o. . and )
92. Which of the following are the proper grounds that the court should
consider in order to properly grant a new trial in a criminal case?
a. 9rrors or mista&es of counsel
b. 9rrors of law or irregularities prejudicial to the substantial rights of
the accused
c. $ew and material evidence has been discovered which the
accused could not with reasonable diligence have discovered and
produced at the trial
d. :oth : and %
93. "n accused in a rape case was convicted by the -egional Trial %ourt of
1anila and the death penalty was imposed upon him. The judgment shall be
reviewed by the:
a. 'upreme %ourt
b. %ourt of "ppeals
c. The same -egional Trial %ourt
d. 3epartment of 4ustice
94. Which of the following statements are true and correct?
a. "ny amendment before plea, which downgrades the nature of the
offense charged or ecludes the accused from the complaint or
information can be made only upon motion of the prosecutor, even
without notice to the offended party and without leave of court.
b. #f it appears at the time before judgment that a mista&e has been
made in charging the proper offense the court shall automatically
dismiss the complaint or information filed.
c. The venue of criminal prosecution may be waived same as the
venue in civil action.
d. The offended parties are allowed to intervene by counsel in the
prosecution of the offense when the civil action is instituted in the
criminal action.
95. Which of the following is not a right of an accused?
a. To be presumed innocent.
b. To be present and defend in person and by counsel at all times.
c. "llow conference or visits by any members of his immediate
family, priest or any religious organization, any medical doctors,
members of national and international non8governmental
organization accredited by the %ommission on ,uman -ights and
the Affice of the President or by his counsel.
d. To testify as a witness in his own behalf.
96. The court denied the demurrer to evidence which the accused filed with
leave of court. ,ence, the accused:
a. 5oses the right to present his evidence
b. 3oes not lose the right to present his evidence
c. %an be compelled by the court to present his evidence
d. ,as the option whether to present or not his evidence.
97. The civil action which was reserved arose from the delict and not from
articles )@, )), @>, and @.E?, new civil code. #t may be filed by the offended
party:
a. "t any time
b. "fter the judgment in the criminal action has become final
regardless of whether the accused was ac+uitted or convicted
c. Anly if such judgment does not contain a finding that the act or
omission from which the civil liability arises does not eist.
98. :efore an accused has been arraigned, the prosecution may amend a
complaint or information by downgrading the offense or ecluding an
accused therefrom:
a. Without leave of court
b. With leave of court
c. The consent of the accused
99. "n order granting a motion to +uash is a bar to another prosecution for
the same offense if the ground thereof is:
a. The court has no jurisdiction over the person of the accused
b. The officer who signed the complaint or information has no
authority to do so
c. The criminal action or liability has been etinguished
100. #n the court of appeals:
a. The accused has no right to move for new trial
b. The accused has a right to move for a new trial on any ground
c. The accused may file a motion for new trial based on one ground
F newly discovered evidence.
101. The effect of the reversal on appeal of an order granting a demurrer to
evidence is that:
a. The defendant loses the right to present his evidence
b. The defendant does not lose his right to present his evidence
c. ,e loses his right to present his evidence only if he did not ma&e a
reservation to present his evidence in case of a denial of his
demurrer to evidence.
102. " dismissal of the complaint as a result of a preliminary hearing on the
affirmative defense pleaded in the answer has the following effects on the
counterclaim pleaded in the answer:
a. The counterclaim is dismissed
b. The counterclaim is not dismissed
c. The counterclaim can be prosecuted only in the same case.
103. The pendency of a special civil action under rule ?/ produces the
following effect:
a. #t interrupts the course of the principal case.
b. #t interrupts the course of the principal case only if there is a
temporary restraining order or a writ of preliminary injunction
issued against the public respondent.
c. The court trying the principal case has no discretion to postpone
the hearing thereof to await the decision in the special civil action.
104. The mode of appeal from a decision of the -egional Trial %ourt rendered
in the eercise of its appellate jurisdiction is by:
a. " notice of appeal filed with the -egional Trial %ourt
b. Petition for review on certiorari under -ule >/
c. Petition for review under -ule >@
105. " final and eecutory judgment may be enforced by motion:
a. Within ./ days from the entry thereof
b. Within .0 years from the entry thereof
c. Within / years from the entry thereof
106. " writ of attachment may be issued against a party as security for the
satisfaction of any judgment that may be recovered in the following cases:
a. "n action for the recovery of moral and eemplary damages
b. #n any action F regardless of its nature
c. #n an action for a specified amount of money other than for moral
or eemplary damages, arising from contract, +uasi8contract,
delict or +uasi8delict, against a party who is about to depart from
the Philippines with intent to defraud his creditors.
107. " party who has suffered damages due to the issuance of an improper,
irregular or ecessive attachment against him may claim such damages:
a. #n the same case wherein the writ of attachment was issued, at
any time before the trial, or before an appeal has been perfected
or before the judgment becomes eecutory.
b. Anly in a separate action against the party who secured the writ of
attachment.
c. Anly after the judgment has become final and eecutory.
108. The lifetime or effectivity of a temporary restraining order issued by a trial
court can be etended, after the epiration thereof:
a. :y order of the court
b. :y agreement of the parties
c. %an never be etended
109. Where the court declared that the person who has been giving support
pendente lite to a recipient is not liable therefore:
a. The recipient who returned the amounts of support pendente lite
cannot recover such amounts from anyone.
b. The recipient who returned such amounts can recover them
against the person legally obliged to give him the support in a
separate action.
c. The recipient who returned such amounts can recover them
against the person legally obliged to give him the support in the
same case wherein support pendente lite was ordered.
110. #n #nter8pleader, a motion to dismiss:
a. #s not allowed to be filed by the defendants.
b. #s permitted only on any of the grounds specified in 'ection .,
-ule .?.
c. #s permitted only on any appropriate ground specified in 'ection .,
-ule .? and on the ground of the impropriety of inter8pleader.
111. The defendant appeals from a decision of the -egional Trial %ourt (-T%*
affirming a decision of the 1unicipal Trial %ourt (1T%* ordering the defendant
to vacate the premises:
a. The -T% decision is immediately eecutory.
b. The defendant can stay the eecution of the -T% decision by filing
a bond.
c. The -T% decision can be eecuted only after the decision of the
appellate court affirming such decision has become final and
eecutory.
112. The %ourt of "ppeals may annul the judgment of the -egional Trial %ourt
on the ground that:
a. The -T% decision resulted from an intrinsic fraud.
b. The -T% had no jurisdiction over the person of the defendant
c. The -T% had no jurisdiction over the subject matter of the case or
that the decision resulted from etrinsic fraud.
113. #n the %ourt of "ppeals, a party who appealed from a decision in a civil
case:
a. ,as no right to file a motion for new trial
b. 1ay file a motion for new trial on the ground of fraud, accident,
mista&e, or ecusable negligence which ordinary prudence could
not have guarded against and by reason of which he has been
probably impaired in his rights.
c. 1ay file a motion for new trial on the ground of newly discovered
evidence which he could not, with reasonable diligence, have
discovered and produced at the trial and which if presented would
probably alter the result.
114. #n an original action filed in the %ourt of "ppeals, jurisdiction over the
person of the respondent is ac+uired:
a. :y the service of summons upon him in accordance with -ule .>.
b. :y the service of the copy of the petition upon him by the
petitioner.
c. :y the service upon him or the order of resolution of the %ourt of
"ppeals indicating its initial action on the petition or by his
voluntary submission to such jurisdiction.
115. The doctrine of primacy of the criminal action, which provides that civil
action is thus suspended in whatever stage it may be found upon the filing of
the criminal action, accepts certain eceptions. Which of the following are
among those eceptions?
a. #n cases of independent civil action
b. #n cases where the civil action presents a prejudicial +uestions
c. When the act or omission from which civil liability may arise did
not eist
d. :oth a and b
e. "ll of the above
116. What is the nature of the right to preliminary investigation?
a. #n+uisitional
b. Personal
c. "lternative
d. :oth a and b
e. "ll of the above
117. Which of the following instances will operate as waiver of the right to
preliminary investigation by the accused?
a. #f the accused fails to as& for preliminary investigation after being
aware for more than five (/* days that the case had been filed in
court.
b. Where the accused posted a bond
c. 7ailure to claim it before the accused pleaded
d. :oth a and c
e. "ll of the above
118. 7or instance, the provincial or city prosecutor promulgated an unfavorable
resolution of the case, where can be accused file a petition for review of the
said resolution?
a. Affice of the President
b. 1etropolitan Trial %ourt
c. -egional Trial %ourt
d. 3epartment of 4ustice
e. $one of the above
119. "n escaped prisoner, then armed with a bamboo lance, was as&ed by a
policeman to surrender, refused to do so and instead answered the latter with
a stro&e of his lance, the policeman in pursuing the prisoner fired his revolver
and caused the death of the prisoner. #s the act of the policeman on resorting
to etreme means will always be justified?
a. Ges, since an arresting officer is re+uired to act within the
performance of his duty, he must stand his ground and cannot, li&e a
private individual, ta&e refuge in fightH his duty re+uires to overcome
his opponent.
b. $o, it was provided under the -ules of %ourt that no violence or
unnecessary force shall be used in ma&ing an arrest. 'uch provision
accepts no eception.
c. #t depends, the reasonableness of the force employed by the arresting
officer must be adjudged in the light of the circumstances as they
appeared to the officer at the time he acted, and the means is
generally considered to that which ordinary prudent and intelligent
person with the &nowledge would have deemed necessary under the
circumstances.
120. "s a rule a private person ma&ing an arrest should notify the person
arrested of his purpose and ac+uaint him with the cause of the arrest,
however this rule accepts certain eceptions. Which of the following are
those eceptions?
a. Where the arrest is made at the time the offense is committed for
attempted or on fresh pursuitH
b. When the giving of such information is largely impracticable, as when
he forcibly resists before the person ma&ing the arrest has the
opportunity so to inform himH
c. When the giving of the information will imperil the arrestH
d. "ll of the above
121. What is the nature of the right to appeal, which is etended to the
accused?
a. 'tatutory right
b. "bsolute right
c. Personal right
d. :oth a and c
e. "ll of the above
122. #t is one of the modes of discovery in criminal cases especially given to
the accused, the purpose of which is to prevent surprise, suppression, or
alteration of any written statements given by the complainant and the other
witnesses in any investigation of the offense conducted by the prosecution or
any other investigating officers:
a. Production or inspection of evidence in the possession of the
prosecution
b. 'uspension of arraignment
c. Presentation of bills of particular
d. "ppointment of counsel de officio
e. #nforming the accused of all the rights he can availed of
123. When is a provisional dismissal become permanent with respect to the
offenses punishable by imprisonment of more than si (?* years?
a. Ane (.* year after issuance without the case having been revived
b. Two (@* years after the issuance without the case having been revived
c. 7ifteen (./* days after the issuance
d. Thirty ()0* days after notice to the accused
e. $one of the above
124. #n a case involving the +uestion of whether the plaintiff 9 had resigned
from office, thus allowing the respondent I, as the officer net in line to ta&e
over, the trial court, in its judgment, relied on newspaper reports on the diary
entries of 96s personal secretary, 7. #n his diary, 7 indicated that 9 had told
him (7* that he (9* intends to resign and had performed acts preparatory to
leaving office. #n his motion for reconsideration, 9 +uestioned the trial court6s
reliance on newspaper reports of 76s diary entries as these are not proper
sources to justify its ruling. #s 96s contention correct?
a. Ges, because newspaper reports are mere secondary sources which
have no probative valueH
b. $o, because although secondary sources, newspapers reports can be
used to establish factsH
c. Ges, because if the trial court wanted proof on 96s intention, it should
have used resources based on 96s acts, not on what someone else
heard or sawH
d. $o, because being 96s personal secretary, 7 could not have lied
regarding 96s intention to resign.
125. Tender of ecluded evidence can be made:
a. Anly during the direct eamination
b. Anly during the cross eamination
c. "t any stage of the eamination of a witness
d. $one of the above
126. The testimony of a child witness:
a. #s admissible even if hearsay
b. #s not admissible if hearsay
c. #s sufficient to convict an accused even if hearsay
d. #s admissible only after his competency is established
127. " Jero copy of a document:
a. #s admissible
b. %ould be admissible
c. $ever admissible
d. ,as a probative value
128. 9vidence of bad moral character in a rape case is:
a. #s admissible against a .?8year old girl
b. #s admissible against a .C8year old girl
c. #s admissible against a .?8year old girl if relevant and material to the
issue
d. #s admissible against a .C8year old girl if relevant and material to the
issue
129. 9vidence to be credible must:
a. come from credible lips alone
b. :e incredible in itself
c. %ome from credible lips and must be credible in itself
d. %ome from a child
130. #n resolving a motion to +uash, the court shall consider no ground other
than those stated therein ecept:
a. 3ouble jeopardy
b. 9tinction of the criminal action
c. 9tinction of the criminal liability
d. 5ac& of jurisdiction over the subject matter or offense charged.
131. Where the criminal action has already been filed in the proper court, the
application for the issuance of a search warrant for the seizure of the
instrument used in the commission of the crime may be filed in:
a. "ny %ourt in the province where the instrument is &ept.
b. The proper %ourt where the criminal action has been filed or is
pending
c. "ny %ourt in the 4udicial region where the crime was committed
d. #n any %ourt within the 4udicial -egion where the accused resides
132. " money claim against the estate of a decedent which is not filed within
the period fied in the ;$AT#%9< to creditors to file their claims:
a. #s forever barred
b. 1ay be enforced by action by the creditor against the eecutor or
administrator of the decedent.
c. 1ay be raised as a counterclaim in a suit brought against the
creditor by the eecutor or administrator of the decedent.
d. 1ay be ordered paid by the %ourt, if there is a residue of the
estate after all the claims against such estate have been fair.
133. Where the estate of a resident is escheated:
a. ,is personal properties shall be assigned to the municipality or city
where they are located.
b. ,is real properties shall be assigned to the municipality or city where
he last resided.
c. "ll his personal and legal properties shall be assigned to the province.
d. ,is personal properties shall be assigned to the municipality or city
where ha last resided and his real properties to the municipality or city
where they are located.
134. Ane of those actions cannot be brought against an eecutor or
administrator:
a. To recover real or personal property from the estate of the decedent
b. To enforce a lieu or such real or personal properties.
c. To recover damages for an injury to person or property
d. To recover money, debt or interest therein from the estate of the
decedent.
135. The order fiing the date and time of the hearing of the petition for
guardianship or a minor or incompetent residing in the Philippines:
a. 1ust be published in a newspaper of general circulation in the
province where the minor or incompetent resides for ()* consecutives
wee&s prior to the hearing.
b. 1ust be published in a newspaper of general circulation in the
province where the petitioner resides for three ()* consecutive wee&s
prior to the hearing.
c. 1ust be published in a newspaper of general circulation in the
Philippines for three ()* consecutive wee&s prior the hearing.
d. #s not re+uired to re published in any newspaper
136. " judgment on the pleadings:
a. 1ay aware all the reliefs prayed for in the complaint, regardless of
their nature
b. 1ay not aware the claims for attorney6s fees and actual damages
in any event.
c. 1ay award claims for attorney6s fees and actual damages at the
discretion of the %ourt.
d. 1ay award claims for attorney6s fees and actual damages if there
is evidence adduced by the plaintiff in support thereof.
137. Ane of these statements is not correct: " party may impeach his own
witness by8
a. %ontrary evidence
b. 9vidence that his general honesty, integrity and truth is bad
c. 9vidence of his bad character
d. 9vidence of his having been convicted of all offense
138. " second 1otion for $ew Trial in a civil action:
a. #s never allowed
b. "llowed only if the ground thereof was not yet eistence when the
first motion for $ew Trial was filed.
c. "llowed on any ground
d. #s allowed only at the discretion of the %ourt
139. Ane of these statements is not correct: The parol evidence rule8
a. "pplies only to written agreements and wills.
b. "pplies only to the parties thereto and their successors8in8interest.
c. 3oes not apply to a party to a suit who is not a signatory or who
does not derive a right from such signatory to the written
agreement or will.
d. "pplies to all parties to a suit regardless of whether they are
parties or not to or derive their right under a written agreement or
will involved in the suit
140. %hoose from among the grounds below for dismissal of petition for
certiorari the ground which will which sustain the issuance of writ of certiorari.
a. #f it is patently without merit.
b. #f the act complained of was committed with grave abuse of
discretion amounting to lac& or ecess of jurisdiction.
c. #f the +uestions raised are too insubstantial to re+uire
consideration.
d. #f it is prosecuted manifestly for delay.
141. " judgment or final order or resolution of the %ommission on 9lections or
%ommission on "udit may be brought by the aggrieved party to the 'upreme
%ourt on certiorari under -ule ?/ ('ection @, -ule ?> of the -evised -ules of
%ourt*. "ssuming upon receipt by the aggrieved party of the decision of the
%omelec on 3ecember ./, @00? the aggrieved party files a motion for
reconsideration of the decision. The motion for reconsideration was denied
per resolution of the %omelec, a copy of which was received by aggrieved
party today.
Within what time should the petition be filed by the petitioner with the
'upreme %ourt? #t should be filed within:
a. The fresh period of )0 ()0* days rec&oned from receipt of the
denial resolution:
b. The fresh period of twenty (@0* days rec&oned from receipt of the
denial resolution:
c. The fresh period of fifteen (./* days rec&oned from receipt of the
denial resolution:
d. The remaining period but not less than five (/* days in any event,
rec&oned from the receipt of the denial resolution.
142. G with the use of force entered into the premises belonging to D with an
assessed value of P@0, 000.00. The latter demanded the vacation of the
premises but the former refused to vacate despite the epiration of fifteen
day notice to vacate on 3ecember )., @00/. Gour services were engaged
today by G to enforce his right. What action would you file?
a. # would file an action for recovery of possession of the property
with the -T% of the place where the property is dispute is located.
b. # would file an action to +uiet the title of my client with the -T% of
the place where the property is located, plus damages.
c. # would file an action for unlawful detainer with the 1T% of the
place where the property is located, damages and prayer for
issuance of the preliminary mandatory injunction in order to
compel G to vacate the premises.
d. # would file an action for forcible entry with 1T% of the place
where the property is located with prayer for the issuance of
preliminary mandatory injunction in order to compel G to vacate
the premises.
143. J was furnished a copy of the decision on 3ecember .0, @00? he filed a
motion for new trial on 3ecember .E, @00?. An 3ecember @@, @00?, the
motion was denied and J received a copy of the order on 3ecember @K,
@00?. When J shall ta&e his appeal? Why?
#t must be observed that 3ecember .0, the day J received a computation of
a period ("rt. .), $ew %ivil %ode*. 3ecember .E, @00?, the day when he
filed a motion for new trial, should not li&ewise included in the period as the
first is ecluded and the last day included 4anuary. The period to run again
on 3ecember @K, @00? Therefore:
a. J should ta&e his appeal on or before 4anuary ), @00E.
b. J should ta&e his appeal on or before 4anuary >, @00E.
c. J should ta&e his appeal on or before 4anuary /, @00E.
d. J should ta&e his appeal on or before 4anuary ?, @00E.
144. When may a final order be deemed to be not determining the merits of a
case?
a. When the final order has been in writing, personally or directly
prepared by the judge.
b. When the final order states clearly and distinctly the facts and the
law on which is based, signed by the judge and filed with the cler&
of court.
c. When the final order considers and determines the rights of the
parties as those rights presently eist, upon matters submitted in
an action or proceeding.
d. When the final order was signed by the judge personally and filed
with the cler& of court but does not state the reason or basis
therefore.
145. %hoose one effect from the following which does not arise or result from
the filing of demurrer to evidence.
a. The defendant does not waive his right to offer evidence in the
event his motion was denied.
b. When the accused filed demurrer to evidence without epress
leave of court, he waives his right to present evidence and denies
the motion dismiss, the accused may adduce evidence in his
defense and submits the case for judgment on the basis of the
evidence of the prosecution.
c. #f the motion is granted and the order of dismissal is reversed
upon appeal, the movant loses the right to present evidence on
his behalf.
d. #n case of reversal, the appellate court shall render judgment for
the plaintiff based on the evidence alone.
146. Af the four instances below, choose one when injunction is not proper:
a. To restrain the threatened enforcement of an invalid law.
b. #n an action to compel a spouse to cohabit with the other.
c. #n a petition to relief from judgment.
d. #n an action to restrain a criminal prosecution under an
unconstitutional statute.
147. %hoose the judicial proceeding below in which a writ of habeas corpus
can not be availed of as conse+uence thereof:
a. Where there has been deprivation of a constitutional right
resulting in the restraint of a person.
b. Where an ecessive penalty has been imposed, such sentence is
void as to such ecess.
c. Where the petitioner has been unable to establish by evidence to
be entitled to the custody of the minor on account of mista&en
identity.
d. Where the lower court had no jurisdiction to impose the sentence.
148. "n appeal in habeas corpus case shall be perfected by filing the notice of
appeal with the cler& of court or judge who rendered the judgment within:
a. ./ days from notice of judgment.
b. )0 days from notice of judgment.
c. / days from notice of judgment.
d. >K hours from notice of judgment.
149. Who may not grant a writ of habeas corpus?
a. "ny -egional Trial %ourt judge.
b. The %ourt of Ta "ppeals or any member thereof.
c. The %ourt of "ppeal or any member of thereof.
d. The 'upreme %ourt or any thereof.
150. The 'andiganbayan:
a. ,as no jurisdiction over petitions for prohibition, certiorari or
mandamus.
b. ,as jurisdiction, if it is in an aid of its "ppellate 4urisdiction.
c. ,as jurisdiction regardless of whether it is in aid of its appellate
jurisdiction or not.
151. " petition for review on certiorari filed with the 'upreme %ourt:
a. 1ay include an application for a writ of preliminary injunction only.
b. 1ay include an application for a unit of preliminary injunction or other
provisional remedies.
c. 1ay not include an application for any provisional remedy.
152. The Trial %ourt, %ourt of "ppeals, the 'andiganbayan or the %ourt of Ta
"ppeals, that issued a writ of preliminary injunction against a lower court,
board, officer or +uasi8judicial body:
a. #s not re+uired to decide the main case or petition within a specified
period from the date of the issuance of the unit.
b. #s re+uired to decide the main case or petition within thirty ()0* days
from the date of the issuance of the unit.
c. #s re+uired to decide the main case or petition within si (?* moths the
date of the issuance of the unit.
d. #s not re+uired to decide the main case or petition after such
issuance.
153. Whenever the estate of a resident of the Philippines is escheated, his
personal estate is assigned:
a. To the municipality where he last resided.
b. To the municipality where it is located.
c. To any municipality at the discretion of the court.
154. The unjustified absence of the plaintiff from a hearing is ground for the
dismissal of his action, if the hearing is:
a. 7rom the presentation of the evidence in chief on his complaint.
b. 7or the hearing of his rebuttal evidence.
c. 7or the presentation of the evidence of the adverse party.
155. #n an epropriation proceeding, the plaintiff can enter upon and ta&e
possession of the property subject matter of the case:
a. Anly if the decision therein is favorable and eecutory.
b. Anly after such decision has become final and eecutory.
c. Anly before any appeal has been ta&en from such favorable decision.
d. "t any stage of the proceeding before the rendition of the decision by
reposting with the authorized government depositary and amount
e+uivalent to the assessed value of the property, or in lieu thereof, a
certificate of deposit of government ban& of the -epublic of the
Philippines payable on demand to the authorized government
depositary.
156. #n a foreclosure of real estate mortgage proceeding, the ;9+uity of
-edemption< over the foreclosed property:
a. 3oes not eist.
b. 1ay be eercised at any time after the sale of the foreclosed property.
c. 1ay be eercised only before the confirmation of sale.
157. When a defendant is validly declared in default, the court may render a
decision on the basis of:
a. The complaint only.
b. The evidence which the plaintiff presents only.
c. The complaint or the evidence which the plaintiff presents.
d. The complaint and the evidence which the plaintiff presents.
158. The -egional Trial %ourt in which a petition for a Writ of "mparo is filed is
the one which has jurisdiction over the:
a. Place of residence of the respondent or any of the respondents.
b. Place of residence of the aggrieved party only.
c. Place of residence of the petitioner who is not aggrieved party.
d. Place where the threat, act or omission was committed or any of its
elements occurred.
159. While - was wal&ing along a deserted street in 9speranza, "gusan del
'ur, a heavily tinted van stopped behind him and five armed, mas&ed men
alighted from the vehicle. The men grabbed -, threw him inside the van,
blindfolded him and tied his hands behind his bac&. The van proceeded to
%agayan 3e Aro %ity, passing by "gusan del $orte. #n %agayan de Aro, the
group transferred to another van and went up to 1alaybalay, :u&idnon. Bpon
arriving in 1alaybalay, the group met someone who, after confirming -<s
identity, gave a thic& wad a peso bills to the group6s leader, T. Bsing a
handgun, T shot - five times at the bac&, instantly &illing him. What crime!s
was!were committed and when court!s have jurisdiction over the case!s?
a. The crime committed was Lidnapping with 1urder and the -T%s of
9speranza, "gusan del $orte, %agayan de Aro and :u&idnon have
concurrent jurisdiction over the case.
b. The crime committed was 1urder and the -T%s of 9speranza,
"gusan 3el $orte, %agayan de Aro and :u&idnon have concurrent
jurisdiction over the case.
c. The crime committed was Lidnapping with 1urder and the -T% of
9speranza has eclusive jurisdiction over the case.
d. The crime committed was murder and the -T% of :u&idnon has
eclusive original jurisdiction over the case.
160. $, a barangay tanod, also moonlights as driver of cargo forwarder,
transporting goods and materials to and from the 1anila 'outh pier. Ane
night, while driving one of the employer6s cargo truc&s to the pier, $ met a
road mishap resulted in the opening of some of the crates in the truc&6s cargo
hold. Bpon inspection, $ noticed that crates contained bags of white powdery
substance. 'uspecting the substance to be shabu, $ immediately called a
&umpadre narcotics agent who too& possession of the cargo for laboratory
eamination. The cargo was confirmed to be shabu. The shabu6s shipper, 1,
was trac&ed and prosecuted for illegal possession of shabu. 3uring the trial.
1 moved to suppress the shabu on the ground that they were the product of
an unreasonable warrantless search, "s 4udge, would you eclude the
evidence?
a. Ges the search was unreasonable because $, a barangay tanod, is a
government agent thus he should have first secure a warrant.
b. $o, the warrantless search was valid under the plain view doctrine.
'upported by $6s reasonable suspicion that the white powdery
substance was shabu.
c. Ges, there was no probable cause to conduct a warrantless search, as
shown by the fact $ had to call a narcotics agent &umpadre to
determine if the spilt cargo was prohibited substance.
d. $o, $ search the cargo as a private citizen thus, he can do so even
without a warrant.
161. While patrolling an area &nown for high incidence of drug related
offenses, 'gt. 1atalis8mata and 'gt. :ilis8ta&bo came upon a group of five
teenagers standing in the curb, near a par&ed car. Bpon seeing the patrol
car, the five teenagers scampered in all directions. 'gt. :ilis8ta&bo +uic&ly
alighted from the vehicle and chased the nearest teenager, ,, 'gt. :ilis8
ta&bo shouted at , to stop but , continued running. Bpon rounding a corner,
, threw away something. 'gt :ilis8ta&bo, who was hot on ,6s heels scooped8
up the object, and continued the chase. 9ventually, 'gt. :ilis8ta&bo overtoo&
, and patted him down. $o weapons or incriminating evidence were found.
,owever, upon eamination by the crime lab, the object , threw on the
sidewal& turned out to be ;crac& cocaine<. 3uring his trial for illegal
possession of prohibited substance, , objected to the admission of the crac&
cocaine. "s judge would you admit the evidence?
a. Ges, the search was validly done incident to the warrantless arrest
based on probable cause arising from the suspect6s suspicious
conduct in running away upon seeing the police car.
b. $o, the search was illegal because there was no valid arrest. The
suspect6s conduct of running not being sufficient to engender a well8
founded belief that the suspect was committing as a crime.
c. Ges, the evidence was obtained even before the suspect was arrested
rendering the rules on valid search and seizure inapplicable.
d. $o, the evidence should be suppressed because the suspect was
effectively already under the policeman6s control, yet there was no
probable cause to effect the arrest.
162. D, who was charge with 1urder, applied for bail. "fter the bail hearing, the
-egional Trial %ourt of 3umaguete (-T%* found that the evidence against D
is strong thus it denied his bail application. ,owever, after trial, the -T%
3umaguete found D guilty of ,omicide only and sentenced him to an
indeterminate term of eight years and one day of prison mayor, as minimum,
to fourteen years and eight months of reclusion temporal, as maimum and
cancelled D6s bail. D had filed a notice of appeal to the %ourt of "ppeals. ,e
wants to be freed on bail pending his appeal. Where should D apply for bail?
a. D. should apply for bail in the -T% 3umaguete which rendered
judgment against him.
b. D should apply for bail in the %" as he had filed a notice of appeal of a
conviction for a bailable offense.
c. D should apply for bail in the -T% 3umaguete which retains residual
jurisdiction over the case for purposes of granting bail pending
appeal.
d. D should apply for bail in the %" as the trial court had lost jurisdiction
over the case upon the filing of D6s appeal.
163. "fter receiving tips that marijuana shrubs are being grown in a compound
inside a subdivision, 'gt. 5iit, a narcotics agent specializing in marijuana
horticulture, chec&ed8out the place. To his dismay, 'gt. 5iit a narcotics
discovered that the compound was walled8off by a seven8foot concrete fence.
To get a better view, 'gt. 5iit climbed a nearby &aimito tree. With the higher
elevation, 'gt. 5iit saw in one corner of the compound a green house where
meter8high , marijuana li&e shrubs were being grown. 'gt. 5iit went down the
tree. Lnoc&ed on the compound6s gate, introduced himself to the lone
careta&er, went inside the compound and uprooted some of the shrubs. Bpon
eamination by the crime laboratory, the shrubs were confirmed to be
marijuana. #n the hearing to suppress the evidence, the prosecution
contended that 'gt. 5iit seized the evidence under the plain view doctrine, is
this contention tenable?
a. Ges, because it was immediately apparent to 'gt. 5iit, a marijuana
horticulturist, that the shrubs were marijuana.
b. $o, because the shrubs were not in ;plain view< as 'gt. 5iit had to
climb a nearby tree to see them.
c. Ges, because 'gt. 5iit, upon seeing the shrubs, had probable cause
to believe that they were marijuana.
d. $o, because 'gt. 5iit had to enter the compound in order to obtain a
sample of the marijuana.
164. #s a mandatory ;file search< of laptops of departing passengers at airports
(that is, the activation of laptops and the random opening of any of its files*
reasonable?
a. Ges, because the search is just pro8forma and there is reduced
epectation of privacy in airports.
b. $o, because such search without probable cause violates the right of
passengers to the privacy of their papers.
c. Ges, because the government6s interest in monitoring cases of
violation of anti8piracy and pornographic laws is paramount over the
passenger6s right to privacy.
d. $o, because the government6s interest in instituting screening
measures in transportation hubs such as airports and terminals
relates to ensuring the safety of passengers, not crimes the evidence
for which may be found in laptops.
165. %an 3epartment of 4ustice prosecutors conduct preliminary invitation of a
complaint for :ribery against a :#- -egional 3irector for violation of -epublic
"ct )0.C ("nti8Iraft and %orrupt Practices "ct*?
a. Ges, as 3A4 prosecutors6 have been with a very broad investigatory
powers.
b. $o, because the Ambudsman has eclusive original jurisdiction to
investigate public officials and employees.
c. Ges, because the 3A4 prosecutors and the Ambudsman eercise
concurrent investigatory powers over public officers.
d. $o, unless the parties submit themselves to the 3A4 prosecutors6
166. Which court!s has!have jurisdiction over a case for violation of 'ection
)(e* of -epublic "ct $o. )0.C ("nti Iraft and %orrupt Practices "ct* where
the defendants are a city mayor (salary grade @E*, the city tourism operations
officer (salary grade ..* and a computer operator (salary grade C*?
a. The proper -egional Trial %ourt since two of the respondents are
officials with salary grade @E.
b. The 'andiganbayan for the city mayor (salary grade @E* and the
proper -egional Trial %ourt for the city tourism operations officer
(salary grade ..* and computer operator (salary grade C*.
c. The 'andiganbayan since one of the respondents is an official with
salary grade @E.
d. The 'andiganbayan of the proper -egional Trial %ourt, depending on
which court first ac+uires jurisdiction over the case.
167. %an a prosecutor conducting a preliminary investigation re+uire the
parties to submit a draft -esolutions for their respective positions (that is, for
the complaint, a -esolution dismissing the complaint for lac& of probable
cause* either of which he will just adopt, depending on his evaluation of the
case?
a. Ges, nothing in the -evised -ules of %riminal Procedure prohibits
such a procedure.
b. $o, as this will allow the parties to eert undue influence on the
prosecutor.
c. Ges, as this will result in the prompt resolution of preliminary
investigations.
d. $o, because the prosecutor should personally determine whether
there is probable cause to try the accused.
168. " party who has suffered damages due to the issuance of an improper
irregular or ecessive attachment against him may claim such damages:
a. Anly after the judgement has become final eecutory
b. Anly in a separate action against the party who secured the writ of
attachment.
c. #n the same case wherein the writ of attachment was issued, at any time
before the trial, or before an appeal has been perfected or before the
judgment becomes eecutory.
169. Who may not grant a writ of habeas corpus?
a. "ny -egional Trial court judge
b. The court of ta appeals or any members thereof
c. The court of appeals or any member thereof
d. The 'upreme %ourt or any member thereof
170. #f any of the defendants does not reside and is not found in the
Philippines, and the action affects the personal status of the plaintiff, the
action may be commenced and tried:

a. in the court of the place where the defendant ,may be found
b. in the court of the place of birth of the plaintiff
c. in the court of the place where the defendant formerly resided.
d. in the court of the place where the plaintiff resides.
171. %hoose from among the grounds below for the dismissal of the petition
for certiorari the ground which will sustain the issuance of writ of certiorari.
a. if it is patently without merit
b. if the act of was committed with grave abuse of discretion amounting to
lac& or ecess of jurisdiction
c. if the +uestions raised are too insubstantial to re+uire considerationH or
d. if it is prosecuted manifestly for delay
172. The mode appeal from the decision of the -egional Trial %ourt rendered
in the eercise of its appellate jurisdiction is by:
a. Petition for review under rule >@.
b. Petition for review on certiorari under -ule >/.
c. " notice of appeal filed with the -egional Trial %ourt.
173. %hoose one effect from the following which does not arise or result from
the filing of demurrer to evidence.
a. The defendant does not waive his right to offer evidence in the event
his motion is denied.
b. #n case of reversal, the appellate court shall render judgement for
the plaintiff base on the evidence alone.
c. #f the motion is granted and the order of dismissal is reversed upon
appeal, the movant loses the right to present evidence on his behalf.
d. When the accused filed demurrer to evidence and denies the motion
to dismiss, the accused may adduce evidence in his defense and
submits the case for judgement on the basis of the evidence of the
prosecution.
174. When may final order be deemed to be not determining the merits of a
case?

a. When the final order has been writing, personally or directly
prepared by the judge.
b. When the final order was signed by the judge personally and filed
with the cler& of court but does not state the reason or basis
thereof.
c. When the final order considers and determines the rights of the
parties as those rights which presently eist, upon matters
submitted in an action or proceeding.
d. When the final orders states clearly and distinctly the facts and the
law on which it is based, signed by the judge and filed with the
cler& of court.
175. ;J< sued ;G< who is in answer generally denied the material allegations in
the complaint. ;J< should file a

a. 3emurrer to evidence
b. " motion for judgment on the pleadings.
c. " motion for bill of particulars
d. " motion for summary judgment
e. " reply to the answer
176. %hoose the judicial proceedings below in which a writ of habeas corpus
can not be availed of as conse+uence thereof

a. Where there has been deprivation of a constitutional right resulting
in the resistant of a person
b. Where an ecessive penalty has been imposed, as such sentence
is void as to such ecess.
c. Where the petitioner has been unable to establish by the evidence
to be entitled to the custody of the minor on account of mista&en
identity.
d. Where the lower court had no jurisdiction to impose the sentence.
.EE. The pendency of a special civil action under -ule ?/ produces the following
effect:
a. #t interrupts the course of the principal case.
b. #t interrupts the course of the principal case if there is a temporary
restraining order or a writ of preliminary injunction issued against the
public respondent.
c. The court trying the principal case has no discretion to postpone
the hearing to await the decision in the special civil action.
ANSWER KEY IN REMEDIAL LAW REVIEW
.. : /?. % .... " .??. %
@. " /E. : ..@. % .?E. 3
3. B 58. A 113. C 168. C
4. D 59. A 114. C 169. B
5. A 60. A 115. D 170. D
6. C 61. D 116. D 171. B
7. D 62. C 117. D 172. A
8. C 63. C 118. D 173. D
9. A 64. C 119. C 174. B
10. E 65. A 120. D 175. B
11. A 66. D 121. D 176. C
12. C 67. D 122. A 177. B
13. B 68. C 123. A
14. C 69. D 124. A
15. B 70. D 125. A
16. B 71. A 126. A
17. 72. C 127. D
18. C 73. D. 128. D
19. E 74. C 129. B
20. D 75. C 130. D
21. A 76. B 131. B
22. E 77. D 132. C
23. E 78. D 133. D
24. E 79. A 134. D
25. A 80. C 135. C
26. B 81. C 136. C
27. D 82. D 137. D
28. C 83. E 138. B
29. C 84. B 139. D
30. C 85. E 140. B
31. D 86. D 141. D
32. C 87. B 142. D
33. B 88. D 143. D
34. A 89. A 144. D
35. C 90. B 145. B
36. D 91. D 146. B
37. D 92. D 147. C
38. C 93. B 148. D
39. C 94. D 149. B
40. C 95. C 150. C
41. D 96. B 151.
42. C 97. C 152. C
43. C 98. B 153. B
44. B 99. C 154. A
45. D 100. 155. D
46. B 101. A 156. C
47. D 102. B 157. B
48. C 103. B 158. D
49. C 104. C 159. D
50. A 105. C 160. D
51. C 106. C 161. C
52. B 107. A 162. B
53. C 108. C 163. B
54. A 109. B 164. B
55. D 110. C 165. A