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1. What is the test of jurisdiction?

A) Whether the court has the power to enter into the inquiry and not whether the decision is
right or wrong
B) Whether the court has the power to enforced judgment
C) Whether the court acquired jurisdiction over the person
D) Whether the court acquired jurisdiction over the subject matter

2. What is the effect of lack of jurisdiction?


A) It may be subject of a collateral attack
B) It may be subject to a motion to dismiss
C) It may be subjet to a direct attack
D) It may be subject to a direct and collateral attack.

3. The following are four aspects of jurisdiction except


A) jurisdiction over the subject matter
B) jurisdiction over the parties
C) jurisdiction over the issues of the case; and
D) jurisdiction over the defendant

4. Jurisdiction over the subject matter is conferred by ___

A) Law
B) Contract
C) Rules of Court
D) Special Proceedings

5. It setted rule that errors of judgment are correctible by _____

A) appeal
B) certiorari
C) mandamus
D) relief from judgment

6. What is lack of jurisdiction?


A) when the tribunal is not vested by law with authority or power to take cognizance of a
case
B) when the court is vested by law witht authority or power to take cognizance of a case
C) when the court has the power or authority
D) when there is a grave abuse of discretion

7. The following are the exceptions to the doctrine of primary jurisdiction except
A) where there is estoppel on the part of the party invoking the doctrine
B) where the challenged administrative act is patently illegal, amounting to lack of jurisdiction
C) where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant
D) where the amount involved is relatively big

8. Where a complaint seeking for the payment of P1 million is filed in the Regional Trial Court,
but after considering the court rendered a judgment for only P300,000.00, an amount within the
jurisdiction of the Municipal Trial Court if originally filed. What would happened to the action?
A) the Regional Trial Court did not lose jurisdiction over the action. It therefore, has the authority
to render a judgment for P300,000.00
B) the Regional Trial Court lose jurisdiction over the action. It therefore, has no authority to
render a judgment for P 300,000.00
C) the Regional Trial Court can dismissed the muto proprio for lack of jurisdiction
D) the Regional Trial Court cannot rendered judgement on the case.

9. The following are the exception to the rule that jurisdiction is determined by the allegations
in the complaint except

A) in ejectment cases in which the defendant averred the defense of the existence of a tenancy
relationship between the parties.
B) tenacy is averred by way defense and is proved to be real issue, the case should be
dismissed for lack of jurisdiction as the case should properly be file lose the with the Court of
Agrarian Relations
C) the Municipal Trial Court does not automatically lose its jurisdiction over ejectment cases by
the mere allegation of the defense of tenancy relationship between the parties
D) the allegation of tenancy in defendants answer automatically deprive the MCTC of its
jurisdiction because the jurisdiction of the court over the nature of the action and the subject
matter thereof can be made to depend upon the defenses set up in the court or upon a motion
to dismiss.

10. The following are the exception to Omnibus Motion except

A) Res Judicata
B) Litis Pendecia
C) Prescription
D) Conclusiveness of Judgment

11. How is jurisdiction over the person of the defendant acquired?


A) voluntary appearance or service of summons
B) filing a motion to dismiss for lack of jurisdicttion over the subject
C) filing of a complaint or petition
D) filling a bill of particular

12. How is jurisdiction over the person of the plaintiff acquired?


A) voluntary appearance or service of summons
B) filing a motion to dismiss for lack of jurisdicttion over the subject
C) filing of a complaint or petition
D) filling a bill of particular

13. An action in personam is an action against a person on the basis of _________?


A) personal liability
B) the thing itself
C) interest therein to the obligation
D)amount awarded
14.The following are examples voluntary appearance except
A) when the defendant files the corresponding pleading thereon
B) when the defendant files motion for reconsideration of the judgment by default
C) when the defendant files a petition to set aside the judgment
D) when the parties not jointly submit a compromise agreement for approval of the court
15. Defenses and objection not pleaded either in a motion to dismiss or in the answer are
____?
A) deemed waived
B) deemed admitted
C) deemed dismiss
D) deemed prima facie

16. The following are defenses which are not deemed waived even if not raised in the motion to
dismiss except.
A) the court has no jurisdiction over the subject matter
B) there is another action pending between the same parties for the same cause
C) res judicata
D) litis pendentia

17. The case which must be heard by the Supreme Court en banc
A. All cases which under the Rules of Court are required to be heard en banc
B. All cases which is a tax collection
C. All cases which is affecting consul, ambassadors and other public minister
D) All cases involved question of law

18. The following are the exceptions in which factual issues may be resolved by the Court
except
A. when the findings are grounded entirely on speculation, surmise or conjectures
B. when the inference made is manifestly mistaken, absurd or impossible
C. when there is grave abuse of discreton
D when the judgmentis based on an apprehension of facts

19. The jurisdictional amount does not include following except


A) interest
B) damages of whatever kind;
C) attorneys fees
D) issue

20. It is an accion publiciana is an ordinary civil proceeding to determine the better right of
possession of realty independently of title
A) Accion Publiciana
B) Accion Reinvindicatoria
C) Forcible Entry
D) Unlawful Detainer

21. It is a suit which has for its object the recovery of possession over the real property as
owner.It involves recovery of ownership and possession based on said ownership.
A) Accion Publiciana
B) Accion Reinvindicatoria
C) Forcible Entry
D) Unlawful Detainer

22. The following are incapable of pecuniary estimation except


A) declaration of nullity of contracts
B) complaint for expropriation
C) Annulment of Resolution
D) Action for the collection of sum of money

23. The civil cases subject to summary procedure are the following except
A) forcible entry
B) all other cases where the total amount of the plaintffs claim does not exceed P100,000.00
outside Metro Manila or does not exceed P200,000.00 within Metro Manila exclusive of interest
and costs.
C) unlawful detainer
D) forclosure of mortgage

24. Prohibited pleadings and motions in a summary procedure are the following except
A) motion for biil of particulars
B) motion for new trial
C) petition for relief from judgment
D) interlocutory

25. The defendasent shall file his answer to the complaint and serve a copy thereof on the
plaintiff within ___ from the service of summons
A) 10 days
B) 15 days
C) 5 days
D) 3 days

26. The authority of the court take cognizance of the case in the first instance.
A) Appellate Jurisdiction
B) General Jurisdiction
C) Original Jurisdiction
D) Exclusive Jurisdiction

27. 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?
A) Jurisdiction over the subject matter
B) Jurisdicton over the person of the defendant
C) Litis pendencia
D) Res Judicata

28. This is conferred by the pleadings or express consent of the parties:


A) Jurisdiction over the issue
B) Jurisdiction over the res
C) Jurisdiction over the subject matter
D) Jurisdiction over the person

29. Action to recover damages is an action:


A) in rem
B) in personam
C) quasi in rem
D) in pari materia

30. If t claim is considered capable of pecuniary estimation, jurisdiction would depend on the:
A) location of the property
B) common queston of law or fact
C) amount of the claim
D) singularity of transaction

31. In an original action for certiorari, prohibition, mandamus, quo warranto, when does the
Court of Appeals acquire jurisdiction over the person of the respondent?
A) by 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 order or resolution of the Court of Appeals indication its initial
action on the petition or by his voluntary submission to the jurisdiction of the Court of Appeals
D) by voluntary appearance of the defendant or affirmative defense

32. The court may acquire jurisdiction over the case even if the defendant could not be located if
it has
A) Jurisdiction over the issue
B) Jurisdiction over the res
C) Jurisdiction over the subject matter
D) Jurisdiction over the person

33. in a rape case, jurisdiction is confeered by:


A) law
B) complaint of the offended party
C) information file by the Prosecuting Officer
D) All of the above

34. Riene a resident of Makat City, died leaving a parcel of land in Olongapo City worth P300
000.00. Where should the proceedings for the settlement of Riene estate be filed?
A) MTC of Makati City
B) RTC of Makati City
C) MTC of Olongapo City
D RTC of Olongapo City

35.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 members thereof
D) The Supreme Court or any member thereof

36. Where should the petition for escheat of a Resident involving the reversion of property
alienated in violaton of the constitution or any statue filed?
A) RTC in the place where the decedent last resided at the time of his death
B) RTC in the place where the property may be found
C) In the Province wherthe land lies in whole or in part
D) In the Province where the decedent was domiciled

37. When can the sandiganbayan issue a writ of Habeas Corpus?


A) in all cases falling within their exlcusive jurisdiction
B) Only in aid of its appellate jurisdiction
C) Only in cases falling within their original jurisdiction
D) In all cases falling within their concurrent jurisdiction
38. A case filed in court without compliance with prior Barangay conciliation which is a
precondition for formal adjudication may be dismissed upon motion of defendants
A) lack of jurisdiction of the court
B) insufficiency of the cause of action or premature
C) lack of cause of action
D) improper venue

39. Failure to comply with the requirement of a barangay conciliation the court:
A) may not motu proprio dismiss a case
B) may dismiss the case from the motion of the defendant
C) may motu proprio dismiss a case
D) dissmiss the case for lack of jurisdiction

40. In all katarungang pambarangay proceeding the parties must appear


A) with the assistance of counsel
B) without the assistance of counsel
C) only counsel appearing on behalf of the parties
D) with the assistance of a law student

41. How many days can a party repudiate with the lupon chairman a statement where the
consent is vitiated by fraud, violence or intimidation?
A) within 15 days
B) within 20 days
C) within 5 days
D) within 10 days

42. The following are under the jurisdiction of the Family Court except
A) Petitions for guardianship, custody of children and habeas corpus involving children
B) Petitions for adoption for children and the revocation thereof
C) Petitions for support and or acknowledgement
D) demand for money and probate proceeding

43. The Regional Trial Court has jurisdiction over


A) cases involving contract of marriage and family relations
B) petition for the constitution of the family home
C) cases against minors under Dangerous Drug Acts
D) cases involving domestic violence against women and children

44.Which of the following statement is correct?


A) Prior Barangay Conciliation and mediation is not required where or person has otherwise
been deprived of personal liberty calling for habeas corpus proceeding
B) all cases of forcible entry and unlawfu detainer irrespective of the amount damages or unpaid
rentals sought to be recovered is not subject to summary procedure
C) All cases involving the constitutionality of a treaty, international or executive agreement or
law should be heard by the Supreme Court division
D) All cases which under the Rules of Court are required to be heard in division

45. Supreme Court and Cout of Appeals have concurrent jurisdictn except
A) cases involving ambassadors, public ministers and consuls
B) to issue writs of certiorari, and mandamus against RTC, CSC, CBAA and NLRC
C) in petition for certiorari,prohibition and mandamus against RTC, CSC and NLRC
D) petitions for quo warranto and habeas corpus

46. A warden assigned in Cagayan de Oro made immoral advances to woman under his
custody. Which court has jurisdiction over the act committed?
A) Sandiganbayan
B) Ombudsman
C) Department of Justice
D) Regional Trial Court

47. Which of the following grounds for dismissal invoked by the court will NOT PRECLUDE the
plaintiff from refiling his action?

A) Res judicata.
B) Lack of jurisdiction over the subject matter.
C) Unenforceability under the Statutes of Fraud.
D) Prescription

48. A sued B in the RTC of Quezon City, joining two causes of action: for partition of real
property and breach of contract with damages. Both parties reside in Quezon City but the real
property is in Manila. May the case be dismissed for improper venue?
A) Yes, since causes of action pertaining to different venues may not be joined in one action.
B) No, since causes of action pertaining to different venues may be joined in the RTC if one of
the causes of action falls within its jurisdiction.
C) Yes, because special civil action may not be joined with an ordinary civil action.
D) No, since plaintiff may unqualifiedly join in one complaint as many causes of action as he
has against opposing party.

49. What is the doctrine of judicial stability or non interference?


A ) Once jurisdiction has attached to a court, it can not be deprived of it by subsequent
happenings or events.
B) Courts will not hear and decide cases involving issues that come within the jurisdiction of
administrative tribunals.
C) No court has the authority to interfere by injunction with the judgment of another court of
coordinate jurisdiction.
D) A higher court will not entertain direct resort to it unless the redress sought cannot be
obtained from the appropriate court.

50. The information charges PNP Chief Luis Santos, (Salary Grade 28), with "taking advantage
of his public position as PNP Head by feloniously shooting JOSE ONA, inflicting on the latter
mortal wounds which caused his death." Based solely on this allegation, which court has
jurisdiction over the case?
A) Sandiganbayan only
B) Sandiganbayan or Regional Trial Court
C) Sandiganbayan or Court Martial
D) Regional Trial Court only