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 extrajudicial settlement of the

estate of a decedent is allowed:

a.
b.
c.
d.
e.

when he died testate.

when he died intestate.
regardless of the value of his estate.
when he was not survived by children.
none of the above.

3. Which is correct? The allowance of a will is:

a.
b.
c.
d.

not conclusive as to its due execution.

conclusive as to its due execution.
conclusive as to the validity of the dispositions made therein.
not conclusive on anything.

4. The petition for the allowance of a will may not be filed by:
a.
b.
c.
d.

the testator himself during his lifetime

the executor
the devisee/ legatee
a person who is not interested in the estate.

5. A will proved and allowed in a foreign country may be allowed in the

Philippines if:
a. It was proved and allowed in accordance with the laws of such foreign

country.
b. The will was executed in the Philippines.
c. The will was executed in such foreign country.
d. None of the above.
6. Which is not correct? A special administrator has the power to:
a.
b.
c.
d.

Commence and maintain suits as administrator.

Take possession of the estate of the deceased.
Sell any property of the estate without court authority.
Pay the debts of the deceased upon order of the court.

7. The actions, which may be filed against an executor or administrator, do not

include:
a.
b.
c.
d.

recovery of real or personal property from the estate.

recovery of an interest in such property.
enforcement of a lien on such property.
recovery of a loan evidenced by a promissory note signed by the
decedent.

8. A probate court can:

a. issue writs of execution in all cases.
b. not issue a writ of execution in any case.
c. issue a writ of execution in only three (3) 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 fixed by the court:
a. in a sum fixed by the court.
b. in an amount equal to twice the said unpaid obligations.
c. a cash bond equal to the amount of the said unpaid obligations.

The venue of a petition for the escheat of the estate of a decedent who
was a resident of the Philippines is:

10.

a.
b.
c.
d.
e.

his residence at the time of his death.

the place of his death.
any of the places where his properties are located.
any of the places where he resides.
the place where he last resided.

The venue of a petition for guardianship of a minor or incompetent who

resides in the Philippines is:

11.

a.
b.
c.
d.

his residence
the residence of the guardian.
the place where any of his properties is located.
anywhere in the Philippines.

A return of a writ of habeas corpus is considered prima facie evidence of

the cause of the detention if:

12.

a. made by a public officer.

b. made by a private person.
c. the detention is pursuant to a warrant of arrest.

When a person is detained by a private person, the writ of habeas corpus

is directed:

13.

a.
b.
c.
d.

to the said private person.

to an officer of the law.
to any person designated by the court.
none of the above.

Habeas Corpus issued by the Regional Trial Court (RTC) is enforceable

only in:

14.

a.
b.
c.
d.
15.

the territorial jurisdiction of the RTC that issued it.

the place where the person is actually detained.
in the judicial region to which the RTC that issued it pertains.
none of the above.

The venue of a petition for a change of name is:

a.
b.
c.
d.
e.

the place of birth of the petitioner.

his residence.
the place where his birth was registered.
the place where he was baptized.
any place in the Philippines.

16.

The period of appeal from an order in a special proceeding is:

a.
b.
c.
d.

15 days from notice, if no motion for reconsideration is filed.

15 days from notice of denial of a motion for reconsideration.
30 days from notice
none of the above.

Mr. PP, a resident of Quezon City was sideswiped while he was walking
along a narrow street by a car negligently driven by Mr. DD, a resident of
Manila. Any suit for damages should be filed in:

17.

a.
b.
c.
d.

Makati city where the incident happened.

The place stipulated upon by the parties after the incident.
Manila, the residence of Mr. DD.
Quezon City if Mr. PP so desires.

The following defenses and objections not pleaded either in a motion to

dismiss or in the answer are not deemed waived. Which is the exception?

18.

a.
b.
c.
d.
e.

Jurisdiction over the subject matter

Jurisdiction over the person of the defendant
Litis pendencia
Res judicata
Prescription

Mr. PP files a complaint against Mr. DD. The latter failed to answer within
the reglamentary period.

19.

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 defendants
failure to answer.
Mr. Santos, the defendant in an action for annulment of marriage failed to
file his answer, under the circumstances:

20.

a. The court shall order Mr. Santos to file his answer.

b. The court may motu propio declare Mr. Santos in default.
c. The court may declare Mr. Santos in default upon motion of Mrs.

Santos and proof the defendants failure to answer.

d. The court shall order the prosecuting attorney to determine whether or
not collusion exists between the parties.
e. The court shall order the prosecuting attorney to prevent fabrication of
evidence.
The following are the grounds that would justify a motu propio dismissal
of the complaint by the court. Which is the exception?

21.

a. Improper venue.
b. Failure of plaintiff to appear on the date for presentation of his

evidence in chief.
c. Failure to prosecute the action for an unreasonable length of time.
d. Failure to comply with the Rules.
e. Failure to comply the order of the court.
22.

DD, defendant in a civil suit failed to appear during the pre-trial:

a. His appearance is excused provided his counsel is present.

b. His appearance is excused 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. His non-appearance will be excused only if he is incapacitated.
d. His failure to appear without justifiable cause will automatically
authorize the plaintiff to present his evidence ex parte.
e. None of the above states a correct procedural rule.
Mr. PP sued Mr. DD. Mr. CC believes that he has a legal interest in the
subject matter of litigation and in the success of Mr. DD.

23.

a.
b.
c.
d.
e.

Without leave of court, Mr. CC may intervene in the suit.

Mr. CC should file a third party complaint with leave of court.
Mr. CC should file an inter pleader with leave of court.
Mr. CC should file a cross-claim with leave of court.
Mr. CC with leave of court may intervene in the suit.

Mr. PP sued Mr. DD who in his answer generally denied the material
allegations in the complaint. Mr. PP should file a:

24.

a.
b.
c.
d.
e.

Demurrer to evidence
A reply to the answer
A motion for bill of particulars
A motion for summary judgment
A motion for judgment on the pleadings

Extra-territorial service of summons is proper only in the following

instances. Which is the exception?

25.

a. When the action against the resident defendant affects the personal

b.

c.
d.
e.

status of the plaintiff and the defendant is temporarily outside the

Philippines.
When the action is against a non-resident defendant who is formerly a
Philippine resident and the action affects the personal status of the
plaintiff.
When the action against the non-resident defendant relates to property
within the Philippines in which the defendant has a claim or lien.
When the non-resident defendant is to be excluded from any interest
on a property located in the Philippines.
When the non-resident defendants property is to be attached in the
Philippines.

Mr. PP has just completed presentation of his evidence against the

defendant, Mr. DD. Believing that the plaintiff has shown no right to relief
upon the facts and the law, Mr. DD moved to dismiss the complaint (demurrer
to evidence). The motion was granted and the complaint was dismissed. Mr.
PP appealed and the appellate court reversed the order of dismissal.

26.

a. Mr. DD may insist on his right to present evidence in support of his

defense on the ground of due process.

b. Mr. DD is deemed to have waived his right to present his evidence.
c. Mr. DD should avail of certiorari as a mode of appeal.
d. Mr. DD should avail of certiorari as a special civil action and raise

jurisdictional grounds.
e. Mr. DD should avail of prohibition to prevent the lower court from

further proceedings.
Mr. DD lost in a civil suit filed against him by Mr. PP. Mr. DD honestly
believes that the judgment is contrary to law and that its findings are not
supported by the evidence. Mr. PP was also awarded damages, which Mr.
DD believes as excessive. The remedy of Mr. DD is

27.

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.
After a judgment has become final and executory, the following may
constitute a remedy of the losing party. Which is the exception?

28.

a.
b.
c.
d.
e.

Petition for relief

Action to annul the judgment
Motion for a new trial or consideration
Any of a or b
None of the above

Judgments of the Regional Trial Court rendered in the exercise of its

appellate jurisdiction may be assailed:

29.

a.
b.
c.
d.
e.

by ordinary appeal to the Court of Appeals

by petition for review to the Supreme Court
by petition for review to the Court of Appeals
by ordinary appeal to the Supreme Court
by appeal by certiorari to the Supreme Court

At 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:

30.

a.
b.
c.
d.
e.

accion pauliana
accion reivindicatoria
preliminary attachment
preliminary injunction
replevin

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:

31.

declaratory relief
partition of claims
receivership
inter pleader
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, executive order or
regulation, before the breach or violation thereof, may file a petition for
declaratory relief in order:
a.
b.
c.
d.
e.

a.
b.
c.
d.
e.

to determine the effectivity of a statute

to seek for affirmative relief, specifically for damages
to seek for a declaration of the petitioners rights or duties
to find ways to attack the constitutionality of an executive order
to determine the effectivity of a law

When any tribunal board or officer exercising judicial or quasi-judicial

functions has acted without or in excess of jurisdiction or with grave abuse of
discretion, amounting to lack or excess of jurisdiction, and the purpose is to

33.

have the judgment or order of such tribunal board or officer annuled or

modified, the remedy available is:
a.
b.
c.
d.
e.
34.

Real Evidence is addressed to a.

b.
c.
d.

35.

to prove the truth of a fact

to prove the falsity of a fact
to convince the judge to decide the case in favor of a party
to show that a fact occurred whether it is true or not

The testimony of a single witness is a.

b.
c.
d.

39.

respecting a matter of law

respecting the opinion of an expert
respecting a matter of fact recorded by his superior
respecting a matter of fact he recorded a long time ago

Independent relevant evidence is admissible to a.

b.
c.
d.

38.

civil liability
criminal propensity
criminal guilt
negligence

A witness is allowed to refer to a memorandum to refresh his memorya.

b.
c.
d.

37.

the senses of the Court

the opinion of an expert
the lawyer propounding the question
the clerk of court

A mere offer of compromise is admissible to provea.

b.
c.
d.

36.

certiorari under Rule 45

certiorari under Rule 65
prohibition
mandamus
quo warranto

never credible
is always credible
can be credible only if corroborated
may be believed even if not corroborated

When must an accused not under preventive detention be arraigned?

a. Within 30 days after the filing of the complaint or information

against him.
b. Within 30 days after the approval of his bail bond.
c. Within 30 days from the date the court has acquired jurisdiction

over his person.

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:

40.

a. the public prosecutor

b. the private offended party
c. the public prosecutor and the private offended party
Leave of court is required for an amendment of a complaint or information
even before the accused has been arraigned, if the amendment:

41.

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 excludes any accused
42.

When is a preliminary investigation required?

a. In all cases regardless of the penalty for the offense charged.
b. In cases where the penalty for the offense charged is below four
(4) years, two (2) months and one (1) day of prision correccional.
c. In cases where the minimum penalty for the offense charged is
four (4) years, two (2) months and one (1) day of prision
correccional.

When is an order sustaining a motion to quash a bar to a prosecution for

the same offense?

43.

a. If the ground thereof is lack of jurisdiction of the court over the

offense charged.
b. If the ground thereof is that the complaint or information charges
two or more offense, which do not constitute a complex offense.
c. If the ground thereof is the prescription of the offense or the
penalty therefore.
When is the authentication of a private document offered in evidence not
required?

44.

a. When it is offered as an authentic document.

b. When it is more than 30 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 30 years old at the time of its presentation.
Which of the following is not correct? A party against whom a witness
testified may impeach the latter by:

45.

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
When is the extra-judicial confession of an accused sufficient for
conviction?

46.

a. Even without corroboration thereof by evidence of corpus delicti.

b. Only when it is corroborated by evidence of corpus delicti.
c. Regardless of whether or not it is corroborated by evidence of
corpus delicti.
The written agreement between AA, a resident of Abra, and BB, a
resident of Cagayan made before the suit, states that any suit involving this
lot located in Nueva Ecija, shall be filed only in the proper court of
Pampanga. Hence, the suit must be filed:

47.

a. in Abra
b. in Cagayan
c. in Nueva Ecija

d. In Pampanga
The Regional Trial Court (RTC) affirmed the order of the Municipal Trial
Court (MTC) granting a motion to dismiss (MTD) on the ground that it has no
jurisdiction over the subject matter of the case. Such subject matter is within
the jurisdiction of the RTC. Hence, what should RTC do?

48.

a. Must merely affirm the MTC order.

b. Remand the case to the MTC for further proceedings.
c. Must try the case on the merits as if the case was originally filed
with it.
In appeals by notice of appeal, when does the court lose jurisdiction over
the case?

49.

a. Upon the perfection of the appeal of a party filed in due time.

b. Upon the expiration of the time to appeal of the other parties.
c. Upon the perfection of the appeal of a party filed in due time and
the expiration of the time to appeal of the other parties.
50.

When may a plaintiff amend his pleading once as a matter of right?

a. At any time before the defendant has served on him his
responsive pleading.
b. At any time after the defendant has served on him his responsive
pleading.
c. A plaintiff has no right to amend his pleading, unless the court has
previously given him leave to amend his pleading.

In an original action for certiorari, prohibition, mandamus, quo warranto,

when does the Court of Appeals acquire jurisdiction over the person of the
respondent?

51.

a. By the service of summons upon him

b. By the service of a copy of the petition on him
c. Upon 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.
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?

52.

a. After the decision has become final and executory.

b. After the failure of the defendant to pay the judgment amount
within the period fixed in the decision which shall not be less than
ninety (90) nor more than one hundred twenty (120) days from
entry of judgment.
c. The mortgaged property is never sold at public auction.
In 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?

53.

a. At any time during the trial

b. After an answer has been filed
c. At the commencement of the action but before an answer has
been filed.
54.

The court is mandated to take judicial notice of the fact that:

a. On 05 February 1945, the seat of the Philippine Republic had
been transferred to Baguio City.

b. Real estate is usually declared for taxation purposes by the

owners thereof with an assessed value much lower than their
actual market value.
c. There is a crisis in the pre-need industry.
d. Before reaching a station, buses slow down and the conductor
announces the name of the station.
55.

What is NOT considered an original of a document:

a. An entry repeated in the course of business, one being copied
from another at or near the time of the transaction.
b. A carbon copy of an application form
c. A document executed in triplicate at or about the same time with
identical contents.
d. None of the above

56.

All except one of the following is hearsay:

a. An affidavit of a witness to the execution 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 text 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.

All except one of the following is true with respect to confessions:

a. It is a categorical acknowledgment of guilt.
b. It must always be express, never implied.
c. It may be made by third persons and, in certain cases, are
admissible against a party.
d. It may be made only by the party himself and, in some instances,
are admissible against his co-accused.

What is NOT allowed to happen in enforcing a foreign judgment in the

Philippines?

58.

a. The court with which the action to enforce the foreign judgment is
filed takes judicial notice of the foreign judgment.
b. The party who files the action presents a certified true copy of the
judgment by the clerk 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. All of the above
The police sought A for questioning in connection with the killing of the
deceased.
He was seen wearing a bloodstained shirt.
During his
interrogation, A was not assisted by counsel. He admitted his guilt and
showed the knife he used to commit the crime. What piece of evidence is
admissible?

59.

a.
b.
c.
d.

The bloodstained shirt

The knife he used to commit the crime
His extra-judicial confession
None of the above

Z was charged with robbery with rape. He took the stand on his own
behalf and testified on the alleged robbery. On what matters may the
prosecution cross examine the accused?

60.

a.
b.
c.
d.
61.

Only matters touched upon by Z in his direct testimony.

Matters involving the alleged rape.
Matters involving Z and other relevant matters.
All of the above

Which of the following is NOT 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. Documents acknowledged before a notary public
c. Public records, kept in the Philippines, of private documents
required by law to be entered therein
d. Last wills and testaments

What is NOT a requisite in order for the Dead Mans Statute to be

applicable?

62.

a. The witness is a party or an assignor of a party

b. The action is against an executor 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.
Which of the following matters need to be proven by the parties to an
action?

63.

a. Facts 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. Facts which are not subject to judicial notice.
d. Those admitted by any party.
64.

An adverse partys witness may NOT 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. Evidence 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 NOT be excluded from the proceedings of a case?

a.
b.
c.
d.

66.

Parties to the action or the accused in a criminal case

Expert witnesses
Rebuttal witnesses
All of the above

Which of the following statements is correct?

a. It 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. It 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. It 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. All of the above
67.

Which statement refers to corpus delicti?

a. It is the body or substance of the crime.
b. It is the fact that a crime has actually been committed.
c. It is the actual commission by someone of the particular crime
charged.
d. All of the above

Which of the following is NOT a requisite for the admissibility of a dying

declaration?

68.

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.

All criminal actions shall be commenced by:

a.
b.
c.
d.

complaint
information
preliminary investigation
a or b

A holographic will which is contested may be allowed when its

authenticity is proven by:

70.

a.
b.
c.
d.

71.

one (1) witness who saw the testator write and sign it
two (2) witnesses who saw the signing thereof
three (3) witnesses who declare that they saw the testator sign it
three (3) witnesses who know the handwriting of the testator
explicitly declare that the will and the signature thereon are in the
handwriting of the testator

In a rape case, jurisdiction is conferred by:

a.
b.
c.
d.

law
complaint of offended party
information filed by the Prosecuting Officer
all of the above

The public prosecutor need not be present during the trial of a criminal
case in the Regional Trial Court:

72.

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 clients
knowledge, 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 clients
knowledge, 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 knowledge, information and belief there are good
grounds to support it and that it is not interposed for delay.

The rule that a complaint or information must charge only one offense is
absolute.

74.

a. True
b. False, this is subject to exception.
c. False, except when existing laws prescribe a single punishment
for various offense.
d. False, except when there are several accused with different
participations in the commission of the crime.
Which of the following statements does not conform with existing
procedural concepts?

75.

a. Errors of jurisdiction are normally correctible by certiorari while

errors of judgment are correctible by appeal.
b. Jurisdiction over the plaintiff is acquired by the filing of the
complaint, petition or initiatory pleading.
c. Jurisdiction over the defendant is acquired only by a valid service
of summons.
d. Jurisdiction 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. Jurisdiction over the rest is acquired by the actual or constructive
seizure by the court of the thing in question, placing the same
under the custody of the court.
If 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:

76.

a.
b.
c.
d.

in the court of the place where the defendant may be found

in the court of the place where the plaintiff resides
in the court of the place where the defendant formerly resided
in the court of the place of birth of the plaintiff

During the trial of a damage suit, Mr. DD, defendant, introduced evidence
on a matter not raised in the pleadings of the parties. Mr. PP, plaintiff
promptly objected on the ground that the evidence concerns a matter not in
issue. Under the circumstances:

77.

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 striking out of an allegation which does
not conform to the evidence.
78.

Evidence beyond reasonable doubt a.

b.
c.
d.

79.

is the same as preponderance of evidence

is the equivalent of substantial evidence in administrative cases
must be absolutely certain to convict
must be morally certain, otherwise the accused is entitled to
acquittal

A petition for adoption may be filed in the Regional Trial Court of

a.
b.
c.
d.

the place where the adopter resides

the place where the adoptee resides
the place where the adoptee was born
the place where the birth of the adoptee was recovered

Habeas Corpus is not the proper remedy to secure the release of a

person detained pursuant to:

80.

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.

In a case for alleged drug-pushing, evidence of:

a. the buy-bust money is indispensable
b. the confidants testimony who accompanied the poseur-buyer is
necessary
c. the drugs subject of the case is indispensable
d. the testimony of the chemist who examined the alleged drugs is
indispensable

The petition for the voluntary recognition of a minor natural child may be
filed only by:

82.

a.
b.
c.
d.
e.

the child
the mother of the child
the father of the child
the child or his parent
none of the above

The following pleadings are allowed under the Rules on Summary

Procedure, except a:

83.

a.
b.
c.
d.
e.
84.

complaint
answer to the complaint
cross claim
compulsory counterclaim
reply

Quo warranto proceedings may be brought against the following, except:

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. None of the above
Mr. PP files a complaint against Mr. DD. The latter failed to answer within
the reglamentary period.

85.

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 defendants failure to answer.
When the criminal action has already been instituted, an application for
search warrant shall be filed in the:

86.

a. Court within whose territorial jurisdiction a crime was committed.

b. Court where the criminal action is filed.
c. Court within the judicial region where the crime was committed if
the place of the commission of the crime is known.
d. Court where the criminal action is pending.
87.

All of the following statement are true, except:

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 extendible period of five (5) 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. Both B and C

88.

Which of the following statement is correct?

a. Even the counsel for the accused or prosecutor does not appear
at the pre-trial conference, they are not required to offer an
acceptable excuse for his lack of cooperation.
b. Warrant of arrest is valid only for ten days while a search warrant
does not expire.
c. No 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 quash?

a.
b.
c.
d.

90.

At any time before arraignment

Within 10 days after the accused has entered his plea
At any time before the judgment become final
After the accused has entered his plea

The following are allowed to conduct preliminary investigations except:

a.
b.
c.
d.
91.

Provincial or City Prosecutor and their assistants.

Judges of Municipal Trial Courts and Municipal Circuit Trial Courts
National and Regional State Prosecutors
Special prosecutors of the Ombudsman

Bail is a matter of right under the following conditions:

1. In MTC, MTC in Cities, MCTC before or after convictions
2. In RTC, after conviction if the penalty imposed is not more than six
(6) years
3. In RTC, before conviction of an offense not punishable by death,
reclusion perpetua or life imprisonment.
Which of the following conditions are correct?
a.
b.
c.
d.

Statement No. 1 only

Statement No. 2 only
Statement No. 3 only
Both statement No. 1 and 3

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?

92.

a. Errors or mistakes of counsel

b. Errors of law or irregularities prejudicial to the substantial rights of
the accused
c. New and material evidence has been discovered which the
accused could not with reasonable diligence have discovered and
produced at the trial
d. Both B and C
An accused in a rape case was convicted by the Regional Trial Court of
Manila and the death penalty was imposed upon him. The judgment shall be
reviewed by the:

93.

a.
b.
c.
d.
94.

Supreme Court
Court of Appeals
The same Regional Trial Court
Department of Justice

Which of the following statements are true and correct?

a. Any amendment before plea, which downgrades the nature of the
offense charged or excludes 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. If it appears at the time before judgment that a mistake 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. Allow conference or visits by any members of his immediate
family, priest or any religious organization, any medical doctors,
members of national and international non-governmental

organization accredited by the Commission on Human Rights and

the Office of the President or by his counsel.
d. To testify as a witness in his own behalf.
The court denied the demurrer to evidence which the accused filed with
leave of court. Hence, the accused:

96.

a.
b.
c.
d.

Loses the right to present his evidence

Does not lose the right to present his evidence
Can be compelled by the court to present his evidence
Has the option whether to present or not his evidence.

The civil action which was reserved arose from the delict and not from
articles 32, 33, 24, and 2176, new civil code. It may be filed by the offended
party:

97.

a. At any time
b. After the judgment in the criminal action has become final
regardless of whether the accused was acquitted or convicted
c. Only if such judgment does not contain a finding that the act or
omission from which the civil liability arises does not exist.
Before an accused has been arraigned, the prosecution may amend a
complaint or information by downgrading the offense or excluding an
accused therefrom:
a. Without leave of court
b. With leave of court
c. The consent of the accused

98.

An order granting a motion to quash is a bar to another prosecution for

the same offense if the ground thereof is:

99.

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 extinguished
100. In 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
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. He loses his right to present his evidence only if he did not make a
reservation to present his evidence in case of a denial of his
demurrer to evidence.
102. A 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 65 produces the

following effect:
a. It interrupts the course of the principal case.
b. It 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 Regional Trial Court rendered

in the exercise of its appellate jurisdiction is by:

a. A notice of appeal filed with the Regional Trial Court
b. Petition for review on certiorari under Rule 45
c. Petition for review under Rule 42
105. A final and executory judgment may be enforced by motion:

a. Within 15 days from the entry thereof

b. Within 10 years from the entry thereof
c. Within 5 years from the entry thereof
106. A 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. An action for the recovery of moral and exemplary damages
b. In any action regardless of its nature
c. In an action for a specified amount of money other than for moral
or exemplary damages, arising from contract, quasi-contract,
delict or quasi-delict, against a party who is about to depart from
the Philippines with intent to defraud his creditors.
107. A party who has suffered damages due to the issuance of an improper,

irregular or excessive attachment against him may claim such damages:

a. In 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 executory.
b. Only in a separate action against the party who secured the writ of
attachment.
c. Only after the judgment has become final and executory.
108. The lifetime or effectivity of a temporary restraining order issued by a trial

court can be extended, after the expiration thereof:

a. By order of the court
b. By agreement of the parties
c. Can never be extended
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. In Inter-pleader, a motion to dismiss:

a. Is not allowed to be filed by the defendants.

b. Is permitted only on any of the grounds specified in Section 1,
Rule 16.
c. Is permitted only on any appropriate ground specified in Section 1,
Rule 16 and on the ground of the impropriety of inter-pleader.
111. The defendant appeals from a decision of the Regional Trial Court (RTC)

affirming a decision of the Municipal Trial Court (MTC) ordering the defendant
to vacate the premises:
a. The RTC decision is immediately executory.
b. The defendant can stay the execution of the RTC decision by filing
a bond.
c. The RTC decision can be executed only after the decision of the
appellate court affirming such decision has become final and
executory.
112. The Court of Appeals may annul the judgment of the Regional Trial Court

on the ground that:

a. The RTC decision resulted from an intrinsic fraud.
b. The RTC had no jurisdiction over the person of the defendant
c. The RTC had no jurisdiction over the subject matter of the case or
that the decision resulted from extrinsic fraud.
113. In the Court of Appeals, a party who appealed from a decision in a civil

case:
a. Has no right to file a motion for new trial
b. May file a motion for new trial on the ground of fraud, accident,
mistake, or excusable negligence which ordinary prudence could
not have guarded against and by reason of which he has been
probably impaired in his rights.
c. May 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. In an original action filed in the Court of Appeals, jurisdiction over the

person of the respondent is acquired:

a. By the service of summons upon him in accordance with Rule 14.
b. By the service of the copy of the petition upon him by the
petitioner.
c. By the service upon him or the order of resolution of the Court of
Appeals 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 exceptions. Which of the following are
among those exceptions?
a. In cases of independent civil action
b. In cases where the civil action presents a prejudicial questions
c. When the act or omission from which civil liability may arise did
not exist
d. Both a and b
e. All of the above

116. What is the nature of the right to preliminary investigation?

a.
b.
c.
d.
e.

Inquisitional
Personal
Alternative
Both a and b
All of the above

117. Which of the following instances will operate as waiver of the right to

preliminary investigation by the accused?

a. If the accused fails to ask for preliminary investigation after being
aware for more than five (5) days that the case had been filed in
court.
b. Where the accused posted a bond
c. Failure to claim it before the accused pleaded
d. Both a and c
e. All of the above
118. For 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.
b.
c.
d.
e.

Office of the President

Metropolitan Trial Court
Regional Trial Court
Department of Justice
None of the above

119. An escaped prisoner, then armed with a bamboo lance, was asked by a

policeman to surrender, refused to do so and instead answered the latter with

a stroke of his lance, the policeman in pursuing the prisoner fired his revolver
and caused the death of the prisoner. Is the act of the policeman on resorting
to extreme means will always be justified?
a. Yes, since an arresting officer is required to act within the
performance of his duty, he must stand his ground and cannot, like a
private individual, take refuge in fight; his duty requires to overcome
his opponent.
b. No, it was provided under the Rules of Court that no violence or
unnecessary force shall be used in making an arrest. Such provision
accepts no exception.
c. It 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 knowledge would have deemed necessary under the
circumstances.
120. As a rule a private person making an arrest should notify the person

arrested of his purpose and acquaint him with the cause of the arrest,
however this rule accepts certain exceptions. Which of the following are
those exceptions?
a. Where the arrest is made at the time the offense is committed for
attempted or on fresh pursuit;
b. When the giving of such information is largely impracticable, as when
he forcibly resists before the person making the arrest has the
opportunity so to inform him;
c. When the giving of the information will imperil the arrest;
d. All of the above

121. What is the nature of the right to appeal, which is extended to the

accused?
a.
b.
c.
d.
e.

Statutory right
Absolute right
Personal right
Both a and c
All of the above

122. It 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. Suspension of arraignment
c. Presentation of bills of particular
d. Appointment of counsel de officio
e. Informing 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 six (6) years?

a.
b.
c.
d.
e.

One (1) year after issuance without the case having been revived
Two (2) years after the issuance without the case having been revived
Fifteen (15) days after the issuance
Thirty (30) days after notice to the accused
None of the above

124. In a case involving the question of whether the plaintiff E had resigned

from office, thus allowing the respondent G, as the officer next in line to take
over, the trial court, in its judgment, relied on newspaper reports on the diary
entries of Es personal secretary, F. In his diary, F indicated that E had told
him (F) that he (E) intends to resign and had performed acts preparatory to
leaving office. In his motion for reconsideration, E questioned the trial courts
reliance on newspaper reports of Fs diary entries as these are not proper
sources to justify its ruling. Is Es contention correct?
a. Yes, because newspaper reports are mere secondary sources which
have no probative value;
b. No, because although secondary sources, newspapers reports can be
used to establish facts;
c. Yes, because if the trial court wanted proof on Es intention, it should
have used resources based on Es acts, not on what someone else
heard or saw;
d. No, because being Es personal secretary, F could not have lied
regarding Es intention to resign.
125. Tender of excluded evidence can be made:

a.
b.
c.
d.

Only during the direct examination

Only during the cross examination
At any stage of the examination of a witness
None of the above

126. The testimony of a child witness:

a. Is admissible even if hearsay

b. Is not admissible if hearsay
c. Is sufficient to convict an accused even if hearsay

d. Is admissible only after his competency is established

127. A Xerox copy of a document:

a.
b.
c.
d.

Is admissible
Could be admissible
Never admissible
Has a probative value

128. Evidence of bad moral character in a rape case is:

a. Is admissible against a 16-year old girl

b. Is admissible against a 19-year old girl
c. Is admissible against a 16-year old girl if relevant and material to the
issue
d. Is admissible against a 19-year old girl if relevant and material to the
issue
129. Evidence to be credible must:

a.
b.
c.
d.

come from credible lips alone

Be incredible in itself
Come from credible lips and must be credible in itself
Come from a child

130. In resolving a motion to quash, the court shall consider no ground other

than those stated therein except:

a. Double jeopardy
b. Extinction of the criminal action
c. Extinction of the criminal liability
d. Lack 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. Any Court in the province where the instrument is kept.
b. The proper Court where the criminal action has been filed or is
pending
c. Any Court in the Judicial region where the crime was committed
d. In any Court within the Judicial Region where the accused resides
132. A money claim against the estate of a decedent which is not filed within

the period fixed in the NOTICE to creditors to file their claims:

Is forever barred
May be enforced by action by the creditor against the executor or
administrator of the decedent.
c.
May be raised as a counterclaim in a suit brought against the
creditor by the executor or administrator of the decedent.
d.
May be ordered paid by the Court, if there is a residue of the
estate after all the claims against such estate have been fair.
a.
b.

133. Where the estate of a resident is escheated:

a. His personal properties shall be assigned to the municipality or city

where they are located.
b. His real properties shall be assigned to the municipality or city where
he last resided.
c. All his personal and legal properties shall be assigned to the province.

d. His 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. One of those actions cannot be brought against an executor 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 fixing the date and time of the hearing of the petition for

guardianship or a minor or incompetent residing in the Philippines:

a. Must be published in a newspaper of general circulation in the
province where the minor or incompetent resides for (3) consecutives
weeks prior to the hearing.
b. Must be published in a newspaper of general circulation in the
province where the petitioner resides for three (3) consecutive weeks
prior to the hearing.
c. Must be published in a newspaper of general circulation in the
Philippines for three (3) consecutive weeks prior the hearing.
d. Is not required to re published in any newspaper
136. A judgment on the pleadings:

a. May aware all the reliefs prayed for in the complaint, regardless of
their nature
b. May not aware the claims for attorneys fees and actual damages
in any event.
c. May award claims for attorneys fees and actual damages at the
discretion of the Court.
d. May award claims for attorneys fees and actual damages if there
is evidence adduced by the plaintiff in support thereof.
137. One of these statements is not correct: A party may impeach his own

witness bya. Contrary evidence

b. Evidence that his general honesty, integrity and truth is bad
c. Evidence of his bad character
d. Evidence of his having been convicted of all offense
138. A second Motion for New Trial in a civil action:

a. Is never allowed
b. Allowed only if the ground thereof was not yet existence when the
first motion for New Trial was filed.
c. Allowed on any ground
d. Is allowed only at the discretion of the Court
139. One of these statements is not correct: The parol evidence rule-

a. Applies only to written agreements and wills.

b. Applies only to the parties thereto and their successors-in-interest.
c. Does 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. Applies 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. Choose from among the grounds below for dismissal of petition for

certiorari the ground which will which sustain the issuance of writ of certiorari.
a. If it is patently without merit.
b. If the act complained of was committed with grave abuse of
discretion amounting to lack or excess of jurisdiction.
c. If the questions raised are too insubstantial to require
consideration.
d. If it is prosecuted manifestly for delay.
A judgment or final order or resolution of the Commission on Elections or
Commission on Audit may be brought by the aggrieved party to the Supreme
Court on certiorari under Rule 65 (Section 2, Rule 64 of the Revised Rules of
Court). Assuming upon receipt by the aggrieved party of the decision of the
Comelec on December 15, 2006 the aggrieved party files a motion for
reconsideration of the decision. The motion for reconsideration was denied
per resolution of the Comelec, a copy of which was received by aggrieved
party today.

141.

Within what time should the petition be filed by the petitioner with the
Supreme Court? It should be filed within:
a. The fresh period of 30 (30) days reckoned from receipt of the
denial resolution:
b. The fresh period of twenty (20) days reckoned from receipt of the
denial resolution:
c. The fresh period of fifteen (15) days reckoned from receipt of the
denial resolution:
d. The remaining period but not less than five (5) days in any event,
reckoned from the receipt of the denial resolution.
142. Y with the use of force entered into the premises belonging to Z with an

assessed value of P20, 000.00. The latter demanded the vacation of the
premises but the former refused to vacate despite the expiration of fifteen
day notice to vacate on December 31, 2005. Your services were engaged
today by Y to enforce his right. What action would you file?
a. I would file an action for recovery of possession of the property
with the RTC of the place where the property is dispute is located.
b. I would file an action to quiet the title of my client with the RTC of
the place where the property is located, plus damages.
c. I would file an action for unlawful detainer with the MTC of the
place where the property is located, damages and prayer for
issuance of the preliminary mandatory injunction in order to
compel Y to vacate the premises.
d. I would file an action for forcible entry with MTC of the place
where the property is located with prayer for the issuance of
preliminary mandatory injunction in order to compel Y to vacate
the premises.
143. X was furnished a copy of the decision on December 10, 2006 he filed a

motion for new trial on December 17, 2006. On December 22, 2006, the
motion was denied and X received a copy of the order on December 28,
2006. When X shall take his appeal? Why?
It must be observed that December 10, the day X received a computation of
a period (Art. 13, New Civil Code). December 17, 2006, the day when he
filed a motion for new trial, should not likewise included in the period as the
first is excluded and the last day included January. The period to run again
on December 28, 2006 Therefore:

a.
b.
c.
d.

X should take his appeal on or before January 3, 2007.

X should take his appeal on or before January 4, 2007.
X should take his appeal on or before January 5, 2007.
X should take his appeal on or before January 6, 2007.

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 clerk
of court.
c. When the final order considers and determines the rights of the
parties as those rights presently exist, upon matters submitted in
an action or proceeding.
d. When the final order was signed by the judge personally and filed
with the clerk of court but does not state the reason or basis
therefore.
145. Choose 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 express
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. If 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. In case of reversal, the appellate court shall render judgment for
the plaintiff based on the evidence alone.
146. Of the four instances below, choose one when injunction is not proper:

a.
b.
c.
d.

To restrain the threatened enforcement of an invalid law.

In an action to compel a spouse to cohabit with the other.
In a petition to relief from judgment.
In an action to restrain a criminal prosecution under an
unconstitutional statute.

147. Choose the judicial proceeding below in which a writ of habeas corpus

can not be availed of as consequence thereof:

a. Where there has been deprivation of a constitutional right
resulting in the restraint of a person.
b. Where an excessive penalty has been imposed, such sentence is
void as to such excess.
c. Where the petitioner has been unable to establish by evidence to
be entitled to the custody of the minor on account of mistaken
identity.
d. Where the lower court had no jurisdiction to impose the sentence.
148. An appeal in habeas corpus case shall be perfected by filing the notice of

appeal with the clerk of court or judge who rendered the judgment within:
a. 15 days from notice of judgment.
b. 30 days from notice of judgment.
c. 5 days from notice of judgment.

d. 48 hours from notice of judgment.

149. Who may not grant a writ of habeas corpus?

a.
b.
c.
d.

Any Regional Trial Court judge.

The Court of Tax Appeals or any member thereof.
The Court of Appeal or any member of thereof.
The Supreme Court or any thereof.

150. The Sandiganbayan:

a. Has no jurisdiction over petitions for prohibition, certiorari or

mandamus.
b. Has jurisdiction, if it is in an aid of its Appellate Jurisdiction.
c. Has jurisdiction regardless of whether it is in aid of its appellate
jurisdiction or not.
151. A petition for review on certiorari filed with the Supreme Court:

a. May include an application for a writ of preliminary injunction only.

b. May include an application for a unit of preliminary injunction or other
provisional remedies.
c. May not include an application for any provisional remedy.
152. The Trial Court, Court of Appeals, the Sandiganbayan or the Court of Tax

Appeals, that issued a writ of preliminary injunction against a lower court,

board, officer or quasi-judicial body:
a. Is not required to decide the main case or petition within a specified
period from the date of the issuance of the unit.
b. Is required to decide the main case or petition within thirty (30) days
from the date of the issuance of the unit.
c. Is required to decide the main case or petition within six (6) moths the
date of the issuance of the unit.
d. Is not required 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. From the presentation of the evidence in chief on his complaint.
b. For the hearing of his rebuttal evidence.
c. For the presentation of the evidence of the adverse party.
155. In an expropriation proceeding, the plaintiff can enter upon and take

possession of the property subject matter of the case:

a.
b.
c.
d.

Only if the decision therein is favorable and executory.

Only after such decision has become final and executory.
Only before any appeal has been taken from such favorable decision.
At any stage of the proceeding before the rendition of the decision by
reposting with the authorized government depositary and amount
equivalent to the assessed value of the property, or in lieu thereof, a
certificate of deposit of government bank of the Republic of the

Philippines payable on demand to the authorized government

depositary.
156. In a foreclosure of real estate mortgage proceeding, the Equity of

Redemption over the foreclosed property:

a. Does not exist.
b. May be exercised at any time after the sale of the foreclosed property.
c. May be exercised 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 Regional Trial Court in which a petition for a Writ of Amparo is filed is

the one which has jurisdiction over the:

a.
b.
c.
d.

Place of residence of the respondent or any of the respondents.

Place of residence of the aggrieved party only.
Place of residence of the petitioner who is not aggrieved party.
Place where the threat, act or omission was committed or any of its
elements occurred.

159. While R was walking along a deserted street in Esperanza, Agusan del

Sur, a heavily tinted van stopped behind him and five armed, masked men
alighted from the vehicle. The men grabbed R, threw him inside the van,
blindfolded him and tied his hands behind his back. The van proceeded to
Cagayan De Oro City, passing by Agusan del Norte. In Cagayan de Oro, the
group transferred to another van and went up to Malaybalay, Bukidnon. Upon
arriving in Malaybalay, the group met someone who, after confirming Rs
identity, gave a thick wad a peso bills to the groups leader, T. Using a
handgun, T shot R five times at the back, instantly killing him. What crime/s
was/were committed and when court/s have jurisdiction over the case/s?
a. The crime committed was Kidnapping with Murder and the RTCs of
Esperanza, Agusan del Norte, Cagayan de Oro and Bukidnon have
concurrent jurisdiction over the case.
b. The crime committed was Murder and the RTCs of Esperanza,
Agusan Del Norte, Cagayan de Oro and Bukidnon have concurrent
jurisdiction over the case.
c. The crime committed was Kidnapping with Murder and the RTC of
Esperanza has exclusive jurisdiction over the case.
d. The crime committed was murder and the RTC of Bukidnon has
exclusive original jurisdiction over the case.
160. N, a barangay tanod, also moonlights as driver of cargo forwarder,

transporting goods and materials to and from the Manila South pier. One
night, while driving one of the employers cargo trucks to the pier, N met a
road mishap resulted in the opening of some of the crates in the trucks cargo
hold. Upon inspection, N noticed that crates contained bags of white powdery
substance. Suspecting the substance to be shabu, N immediately called a
kumpadre narcotics agent who took possession of the cargo for laboratory
examination. The cargo was confirmed to be shabu. The shabus shipper, M,
was tracked and prosecuted for illegal possession of shabu. During the trial.
M moved to suppress the shabu on the ground that they were the product of
an unreasonable warrantless search, As Judge, would you exclude the
evidence?

a. Yes the search was unreasonable because N, a barangay tanod, is a

government agent thus he should have first secure a warrant.
b. No, the warrantless search was valid under the plain view doctrine.
Supported by Ns reasonable suspicion that the white powdery
substance was shabu.
c. Yes, there was no probable cause to conduct a warrantless search, as
shown by the fact N had to call a narcotics agent kumpadre to
determine if the spilt cargo was prohibited substance.
d. No, N search the cargo as a private citizen thus, he can do so even
without a warrant.
161. While patrolling an area known for high incidence of drug related

offenses, Sgt. Matalis-mata and Sgt. Bilis-takbo came upon a group of five
teenagers standing in the curb, near a parked car. Upon seeing the patrol
car, the five teenagers scampered in all directions. Sgt. Bilis-takbo quickly
alighted from the vehicle and chased the nearest teenager, H, Sgt. Bilistakbo shouted at H to stop but H continued running. Upon rounding a corner,
H threw away something. Sgt Bilis-takbo, who was hot on Hs heels scoopedup the object, and continued the chase. Eventually, Sgt. Bilis-takbo overtook
H and patted him down. No weapons or incriminating evidence were found.
However, upon examination by the crime lab, the object H threw on the
sidewalk turned out to be crack cocaine. During his trial for illegal
possession of prohibited substance, H objected to the admission of the crack
cocaine. As judge would you admit the evidence?
a. Yes, the search was validly done incident to the warrantless arrest
based on probable cause arising from the suspects suspicious
conduct in running away upon seeing the police car.
b. No, the search was illegal because there was no valid arrest. The
suspects conduct of running not being sufficient to engender a wellfounded belief that the suspect was committing as a crime.
c. Yes, the evidence was obtained even before the suspect was arrested
rendering the rules on valid search and seizure inapplicable.
d. No, the evidence should be suppressed because the suspect was
effectively already under the policemans control, yet there was no
probable cause to effect the arrest.
162. Z, who was charge with Murder, applied for bail. After the bail hearing, the

Regional Trial Court of Dumaguete (RTC) found that the evidence against Z
is strong thus it denied his bail application. However, after trial, the RTC
Dumaguete found Z guilty of Homicide 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 maximum and
cancelled Zs bail. Z had filed a notice of appeal to the Court of Appeals. He
wants to be freed on bail pending his appeal. Where should Z apply for bail?
a. Z. should apply for bail in the RTC Dumaguete which rendered
judgment against him.
b. Z should apply for bail in the CA as he had filed a notice of appeal of a
conviction for a bailable offense.
c. Z should apply for bail in the RTC Dumaguete which retains residual
jurisdiction over the case for purposes of granting bail pending
appeal.
d. Z should apply for bail in the CA as the trial court had lost jurisdiction
over the case upon the filing of Zs appeal.
163. After receiving tips that marijuana shrubs are being grown in a compound

inside a subdivision, Sgt. Liit, a narcotics agent specializing in marijuana

horticulture, checked-out the place. To his dismay, Sgt. Liit a narcotics
discovered that the compound was walled-off by a seven-foot concrete fence.
To get a better view, Sgt. Liit climbed a nearby kaimito tree. With the higher
elevation, Sgt. Liit saw in one corner of the compound a green house where

meter-high , marijuana like shrubs were being grown. Sgt. Liit went down the
tree. Knocked on the compounds gate, introduced himself to the lone
caretaker, went inside the compound and uprooted some of the shrubs. Upon
examination by the crime laboratory, the shrubs were confirmed to be
marijuana. In the hearing to suppress the evidence, the prosecution
contended that Sgt. Liit seized the evidence under the plain view doctrine, is
this contention tenable?
a.
b.
c.
d.

Yes, because it was immediately apparent to Sgt. Liit, a marijuana

horticulturist, that the shrubs were marijuana.
No, because the shrubs were not in plain view as Sgt. Liit had to
climb a nearby tree to see them.
Yes, because Sgt. Liit, upon seeing the shrubs, had probable cause
to believe that they were marijuana.
No, because Sgt. Liit had to enter the compound in order to obtain a
sample of the marijuana.

164. Is 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. Yes, because the search is just pro-forma and there is reduced
expectation of privacy in airports.
b. No, because such search without probable cause violates the right of
passengers to the privacy of their papers.
c. Yes, because the governments interest in monitoring cases of
violation of anti-piracy and pornographic laws is paramount over the
passengers right to privacy.
d. No, because the governments 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. Can Department of Justice prosecutors conduct preliminary invitation of a

complaint for Bribery against a BIR Regional Director for violation of Republic
Act 3019 (Anti-Graft and Corrupt Practices Act)?
a. Yes, as DOJ prosecutors have been with a very broad investigatory
powers.
b. No, because the Ombudsman has exclusive original jurisdiction to
investigate public officials and employees.
c. Yes, because the DOJ prosecutors and the Ombudsman exercise
concurrent investigatory powers over public officers.
d. No, unless the parties submit themselves to the DOJ prosecutors
166. Which court/s has/have jurisdiction over a case for violation of Section

3(e) of Republic Act No. 3019 (Anti Graft and Corrupt Practices Act) where
the defendants are a city mayor (salary grade 27), the city tourism operations
officer (salary grade 11) and a computer operator (salary grade 9)?
a. The proper Regional Trial Court since two of the respondents are
officials with salary grade 27.
b. The Sandiganbayan for the city mayor (salary grade 27) and the
proper Regional Trial Court for the city tourism operations officer
(salary grade 11) and computer operator (salary grade 9).
c. The Sandiganbayan since one of the respondents is an official with
salary grade 27.
d. The Sandiganbayan of the proper Regional Trial Court, depending on
which court first acquires jurisdiction over the case.
167. Can a prosecutor conducting a preliminary investigation require the

parties to submit a draft Resolutions for their respective positions (that is, for

the complaint, a Resolution dismissing the complaint for lack of probable

cause) either of which he will just adopt, depending on his evaluation of the
case?
a. Yes, nothing in the Revised Rules of Criminal Procedure prohibits
such a procedure.
b. No, as this will allow the parties to exert undue influence on the
prosecutor.
c. Yes, as this will result in the prompt resolution of preliminary
investigations.
d. No, because the prosecutor should personally determine whether
there is probable cause to try the accused.
168. A party who has suffered damages due to the issuance of an improper

irregular or excessive attachment against him may claim such damages:

a. Only after the judgement has become final executory
b. Only in a separate action against the party who secured the writ of
attachment.
c. In 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 executory.
169. Who may not grant a writ of habeas corpus?

a. Any Regional Trial court judge

b. The court of tax appeals or any members thereof
c. The court of appeals or any member thereof
d. The Supreme Court or any member thereof
170. If 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. Choose 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
lack or excess of jurisdiction
c. if the questions raised are too insubstantial to require consideration; or
d. if it is prosecuted manifestly for delay
172. The mode appeal from the decision of the Regional Trial Court rendered

in the exercise of its appellate jurisdiction is by:

a. Petition for review under rule 42.
b. Petition for review on certiorari under Rule 45.
c. A notice of appeal filed with the Regional Trial Court.
173. Choose 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. In case of reversal, the appellate court shall render judgement for
the plaintiff base on the evidence alone.
c. If 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 clerk 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 exist, 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
clerk of court.
175. X sued Y who is in answer generally denied the material allegations in

the complaint. X should file a

a.
b.
c.
d.
e.

Demurrer to evidence
A motion for judgment on the pleadings.
A motion for bill of particulars
A motion for summary judgment
A reply to the answer

176. Choose the judicial proceedings below in which a writ of habeas corpus

can not be availed of as consequence thereof

a. Where there has been deprivation of a constitutional right resulting
in the resistant of a person
b. Where an excessive penalty has been imposed, as such sentence
is void as to such excess.
c. Where the petitioner has been unable to establish by the evidence
to be entitled to the custody of the minor on account of mistaken
identity.
d. Where the lower court had no jurisdiction to impose the sentence.
177. The pendency of a special civil action under Rule 65 produces the following
effect:
a. It interrupts the course of the principal case.
b. It 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

1. B
2. A
3. B
4. D
5. A
6. C
7. D
8. C
9. A
10. E
11. A
12. C
13. B
14. C
15. B
16. B
17.
18. C
19. E
20. D
21. A
22. E
23. E
24. E
25. A
26. B
27. D
28. C
29. C
30. C
31. D
32. C
33. B
34. A
35. C
36. D
37. D
38. C
39. C
40. C
41. D
42. C
43. C
44. B
45. D
46. B
47. D
48. C
49. C
50. A
51. C
52. B
53. C
54. A
55. D

56. C
57. B
58. A
59. A
60. A
61. D
62. C
63. C
64. C
65. A
66. D
67. D
68. C
69. D
70. D
71. A
72. C
73. D.
74. C
75. C
76. B
77. D
78. D
79. A
80. C
81. C
82. D
83. E
84. B
85. E
86. D
87. B
88. D
89. A
90. B
91. D
92. D
93. B
94. D
95. C
96. B
97. C
98. B
99. C
100.
101. A
102. B
103. B
104. C
105. C
106. C
107. A
108. C
109. B
110. C

111. A
112. C
113. C
114. C
115. D
116. D
117. D
118. D
119. C
120. D
121. D
122. A
123. A
124. A
125. A
126. A
127. D
128. D
129. B
130. D
131. B
132. C
133. D
134. D
135. C
136. C
137. D
138. B
139. D
140. B
141. D
142. D
143. D
144. D
145. B
146. B
147. C
148. D
149. B
150. C
151.
152. C
153. B
154. A
155. D
156. C
157. B
158. D
159. D
160. D
161. C
162. B
163. B
164. B
165. A

166. C
167. D
168. C
169. B
170. D
171. B
172. A
173. D
174. B
175. B
176. C
177. B