Provisional Remedies
of the assessed value of
Answer Keys
1. Which of the following is not consistent
with the rules governing expropriation
proceedings?
- D. The plaintiff may
expropriate the property
for public use after
judgment and payment of
the compensation fixed in it
despite defendant’s appeal.
2. Which of the following is not within the
power of a judicial receiver to perform?
- D. Invest the funds in his
friends without court’s
approval.
3. Which of the ff. is in accord with the
applicable rules on receivership?
- B. A receiver may be
appointed after judgment
of the judgment obligor
refuses to apply his
property to satisfy the
judgment.
4. When may a co-owner NOT demand the
partition of the thing owned in
common?
- B. When the property is
essentially indivisible.
5. Which of the following conforms the
applicable rule on replevin?
- B. The property has been
wrongfully detained by the
adverse party.
6. Which of the following has NO PLACE in
an application for a replevin order? A
statement:
- C.
the property.
7. What should the court sheriff do if a
third party serves on him an affidavit of
claim covering the property he had
levied?
- B. Ask the judgment obligee
to file a court approve bond
for sheriff protection in
case he proceeds with the
execution.
8. What is the proper remedy to secure
relief from the final resolutions of the
commission and audit?
- B. Special Civil Action with
Certioari with the Court of
Appeals
9. Arthur, a resident foreigner sold his car
to Bren after being paid but the before
delivering the car…
- B. Yes. Arthur committed
fraud in changing the sound
system and its components
before delivering the car
bought from him.
10. The decision of the Commission on
Elections or COA may be challenged by:
- D. Special Civil Action of
Certiorari under rule 65
filed with the Supreme
Court.
11. Which of the ff. renders a complaint for
unlawful detainer deficient?
- C. The plaintiff’s demand is
for the lessee to pay back
rentals or the vacate.
12. In Judicial foreclosure proceeding,
under which the following instances is a
 court not allowed to render deficiency
judgment for the plaintiff?
- C. If the mortgagor is a third
party who is not solidarily
liable with the debtor.
13. Which of the following is not required in
a petition for mandamus?
- C. The respondent neglects
to perform a clear duty
under the contract.
14. When is the defendant entitled to the
return of the property taken under the
writ of replevin?
- A. when the plaintiff’s bond
is found insufficient or
defective and is not
replaced.
18. When do you file a petition under rule
64 against the judgment of the
Comelec?
- C. 30 days from the notice
of the judgment for final
order or resolution sought
to be reviewed.
19. The time to file a comment after
receiving an order to comment under
Rule 64 is?
- A. Within 10 days from
notice.
20. When do you file a rule 65 petition?
- D. Within 60 days from the
notice of judgment or order
or resolution.

15. Which of the following correctly states

the rule on foreclosure on mortgages?
- A. The rule on foreclosure
of real estate mortgage is
suppletorily applicable to
extrajudicial foreclosures.

16. A party aggrieved by the interlocutory

order of the Civil Service Commission
filed a petition for certiorari and
prohibition with the Court of Appeals.
May the Court of Appeals take
cognizance of the petition?
- D. Yes. Since the court of
Appeals has jurisdiction
over the petition
concurrent with the
Supreme Court.

17. When do you file an answer for an

action for interpleader?
- C. 15 days from service of
summons.