Professional Documents
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Remedial Law Review
Remedial Law Review
REMEDIAL LAW
4. The petition for the allowance of a will may not be filed by:
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.
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:
10. The venue of a petition for the escheat of the estate of a decedent who
was a resident of the Philippines is:
a. his residence
b. the residence of the guardian.
c. the place where any of his properties is located.
d. anywhere in the Philippines.
13. When a person is detained by a private person, the writ of habeas corpus
is directed:
14. Habeas Corpus issued by the Regional Trial Court (RTC) is enforceable
only in:
17. 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:
18. The following defenses and objections not pleaded either in a motion to
dismiss or in the answer are not deemed waived. Which is the exception?
19. Mr. PP files a complaint against Mr. DD. The latter failed to answer within
the reglamentary period.
a. The court may motu propio declare the defendant in default for
violation of the rules as long as the defendant is notified.
b. The court may thereupon render judgment granting the claimant the
relief prayed for.
c. The court may direct the defendant to answer so that the issues may
be joined.
d. The defendant is ipso facto in default.
e. The defendant may be declared in default upon motion of the claiming
party, notice to defending party, and upon proof of the defendants
failure to answer.
20. Mr. Santos, the defendant in an action for annulment of marriage failed to
file his answer, under the circumstances:
21. The following are the grounds that would justify a motu propio dismissal
of the complaint by the court. Which is the exception?
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.
23. 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.
24. Mr. PP sued Mr. DD who in his answer generally denied the material
allegations in the complaint. Mr. PP should file a:
a. Demurrer to evidence
b. A reply to the answer
c. A motion for bill of particulars
d. A motion for summary judgment
e. A motion for judgment on the pleadings
a. When the action against the resident defendant affects the personal
status of the plaintiff and the defendant is temporarily outside the
Philippines.
b. When the action is against a non-resident defendant who is formerly a
Philippine resident and the action affects the personal status of the
plaintiff.
c. When the action against the non-resident defendant relates to property
within the Philippines in which the defendant has a claim or lien.
d. When the non-resident defendant is to be excluded from any interest
on a property located in the Philippines.
e. When the non-resident defendants property is to be attached in the
Philippines.
26. 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.
27. 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
a. to file an appeal by certiorari.
b. to file a motion for new trial and if denied then appeal from the
judgment.
c. to file a motion for reconsideration and if denied file a petition for
certiorari raising jurisdictional grounds.
d. to file a motion for reconsideration and if denied then appeal from the
judgment..
e. to file an action to annul the judgment.
28. After a judgment has become final and executory, the following may
constitute a remedy of the losing party. Which is the exception?
29. Judgments of the Regional Trial Court rendered in the exercise of its
appellate jurisdiction may be assailed:
a. accion pauliana
b. accion reivindicatoria
c. preliminary attachment
d. preliminary injunction
e. replevin
31. Whenever conflicting claims upon the same subject matter are or may be
made against a person who claims no interest whatsoever in the subject
matter, he may bring an action against the conflicting claimants to compel
them to litigate their several claims among themselves. This action is called:
a. declaratory relief
b. partition of claims
c. receivership
d. inter pleader
e. none of the above
32. When a person is interested under a deed, will, contract or other written
instrument and whose rights are affected by a statute, executive order or
regulation, before the breach or violation thereof, may file a petition for
declaratory relief in order:
a. civil liability
b. criminal propensity
c. criminal guilt
d. negligence
a. never credible
b. is always credible
c. can be credible only if corroborated
d. may be believed even if not corroborated
40. The court may allow an accused to plead guilty to a lesser offense
necessarily included in the offense charged against him, if his offer to so
plead is consented to by:
45. Which of the following is not correct? A party against whom a witness
testified may impeach the latter by:
a. contradictory evidence
b. evidence that his general reputation for truth, honesty or integrity
is bad
c. evidence that he has made at other times statements inconsistent
with his present testimony
d. evidence of particular wrongful acts committed by the witness
47. 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:
a. in Abra
b. in Cagayan
c. in Nueva Ecija
d. In Pampanga
48. 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?
49. In appeals by notice of appeal, when does the court lose jurisdiction over
the case?
50. When may a plaintiff amend his pleading once as a matter of right?
52. When the court renders a judgment in a judicial foreclosure against the
defendant, when is the mortgaged property sold at public auction to satisfy
the judgment?
53. 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?
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.
57. All except one of the following is true with respect to confessions:
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
59. 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?
62. What is NOT a requisite in order for the Dead Mans Statute to be
applicable?
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.
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
68. Which of the following is NOT a requisite for the admissibility of a dying
declaration?
a. complaint
b. information
c. preliminary investigation
d. a or b
a. one (1) witness who saw the testator write and sign it
b. two (2) witnesses who saw the signing thereof
c. three (3) witnesses who declare that they saw the testator sign it
d. 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
a. law
b. complaint of offended party
c. information filed by the Prosecuting Officer
d. all of the above
72. The public prosecutor need not be present during the trial of a criminal
case in the Regional Trial Court:
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.
74. The rule that a complaint or information must charge only one offense is
absolute.
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.
75. Which of the following statements does not conform with existing
procedural concepts?
76. 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:
77. 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:
79. A petition for adoption may be filed in the Regional Trial Court of
80. Habeas Corpus is not the proper remedy to secure the release of a
person detained pursuant to:
a. a warrantless arrest
b. a warrant of arrest
c. a warrant of arrest issued on the basis of an information charging
an offense which has already prescribed.
d. his voluntary surrender
82. The petition for the voluntary recognition of a minor natural child may be
filed only by:
a. the child
b. the mother of the child
c. the father of the child
d. the child or his parent
e. none of the above
83. The following pleadings are allowed under the Rules on Summary
Procedure, except a:
a. complaint
b. answer to the complaint
c. cross claim
d. compulsory counterclaim
e. reply
84. 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
85. Mr. PP files a complaint against Mr. DD. The latter failed to answer within
the reglamentary period.
a. The court may motu propio declare the defendant in default for
violation of the rules as long as the defendant is notified.
b. The court may thereupon render judgment granting the claimant
the relief prayed for.
c. The court may direct the defendant to answer so the issues may
be joined.
d. The defendant is ipso facto in default.
e. The defendant may be declared in default upon motion of the
claiming party and upon proof of the defendants failure to answer.
86. When the criminal action has already been instituted, an application for
search warrant shall be filed in the:
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.
92. Which of the following are the proper grounds that the court should
consider in order to properly grant a new trial in a criminal case?
93. 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:
a. Supreme Court
b. Court of Appeals
c. The same Regional Trial Court
d. Department of Justice
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.
96. The court denied the demurrer to evidence which the accused filed with
leave of court. Hence, the accused:
97. 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:
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.
98. 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
104. The mode of appeal from a decision of the Regional Trial Court rendered
in the exercise of its appellate jurisdiction is by:
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:
107. A party who has suffered damages due to the issuance of an improper,
irregular or excessive attachment against him may claim such damages:
109. Where the court declared that the person who has been giving support
pendente lite to a recipient is not liable therefore:
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:
112. The Court of Appeals may annul the judgment of the Regional Trial Court
on the ground that:
113. In the Court of Appeals, a party who appealed from a decision in a civil
case:
114. In an original action filed in the Court of Appeals, jurisdiction over the
person of the respondent is acquired:
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. Inquisitional
b. Personal
c. Alternative
d. Both a and b
e. All of the above
117. Which of the following instances will operate as waiver of the right to
preliminary investigation by the accused?
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?
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. Statutory right
b. Absolute right
c. Personal right
d. Both a and c
e. All of the above
a. One (1) year after issuance without the case having been revived
b. Two (2) years after the issuance without the case having been revived
c. Fifteen (15) days after the issuance
d. Thirty (30) days after notice to the accused
e. 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. Is admissible
b. Could be admissible
c. Never admissible
d. Has a probative value
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:
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:
a. Is forever barred
b. 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.
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. 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 by-
a. 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
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-
Within what time should the petition be filed by the petitioner with the
Supreme Court? It should be filed within:
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?
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?
144. When may a final order be deemed to be not determining the merits of a
case?
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:
147. Choose the judicial proceeding below in which a writ of habeas corpus
can not be availed of as consequence thereof:
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:
151. A petition for review on certiorari filed with the Supreme Court:
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:
154. The unjustified absence of the plaintiff from a hearing is ground for the
dismissal of his action, if the hearing is:
155. In an expropriation proceeding, the plaintiff can enter upon and take
possession of the property subject matter of the case:
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:
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.
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. Bilis-
takbo 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 scooped-
up 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 well-
founded 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?
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?
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.
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.
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:
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.
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. Demurrer to evidence
b. A motion for judgment on the pleadings.
c. A motion for bill of particulars
d. A motion for summary judgment
e. 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
177. The pendency of a special civil action under Rule 65 produces the following
effect: