Professional Documents
Culture Documents
PDF Remedial Law Review DL
PDF Remedial Law Review DL
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:
2. Which of the following is not correct? The extrajudicial settlement of the estate of a
decedent is allowed:
4. The petition for the allowance of a will may not be filed by:
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.
7. The actions, which may be filed against an executor or administrator, do not include:
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.
10. The venue of a petition for the escheat of the estate of a decedent who was a
resident of the Philippines is:
11. The venue of a petition for guardianship of a minor or incompetent who resides in
the Philippines is:
a. his residence
b. the residence of the guardian.
c. the place where any of his properties is located.
d. anywhere in the Philippines.
12. A return of a writ of habeas corpus is considered prima facie evidence of the
cause of the detention if:
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:
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 defendant’s 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 defendant’s 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.
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.
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:
30. 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:
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:
33. 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 have the judgment
or order of such tribunal board or officer annuled or modified, the remedy available is:
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
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.
40. The court may allow an accused to plead guilty to a lesser offense necessarily
included in the offense charged against him, if his offer to so plead is consented to
by:
a. 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
43. When is an order sustaining a motion to quash a bar to a prosecution for the
same offense?
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.
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?
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.
51. In an original action for certiorari, prohibition, mandamus, quo warranto, when
does the Court of Appeals acquire jurisdiction over the person of the respondent?
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?
60. 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?
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
62. What is NOT a requisite in order for the Dead Man’s Statute to be applicable?
63. Which of the following matters need to be proven by the parties to an action?
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
70. A holographic will which is contested may be allowed when its authenticity is
proven by:
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 client’s
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 client’s 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?
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.
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
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 defendant’s failure to answer.
86. When the criminal action has already been instituted, an application for search
warrant shall be filed in the:
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
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
99. An order granting a motion to quash is a bar to another prosecution for the same
offense if the ground thereof is:
101. The effect of the reversal on appeal of an order granting a demurrer to evidence
is that:
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:
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:
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:
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.
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:
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?
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
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. Statutory right
b. Absolute right
c. Personal right
d. Both a and c
e. 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:
123. When is a provisional dismissal become permanent with respect to the offenses
punishable by imprisonment of more than six (6) years?
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 E’s
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 court’s reliance on newspaper reports of
F’s diary entries as these are not proper sources to justify its ruling. Is E’s 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 E’s intention, it should have
used resources based on E’s acts, not on what someone else heard or saw;
d. No, because being E’s personal secretary, F could not have lied regarding
E’s intention to resign.
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:
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 attorney’s fees and actual damages in any
event.
c. May award claims for attorney’s fees and actual damages at the
discretion of the Court.
d. May award claims for attorney’s 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-
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.
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?
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:
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:
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 R”s identity, gave a thick wad a peso bills to the group’s 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 H’s 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 suspect’s suspicious conduct in running
away upon seeing the police car.
b. No, the search was illegal because there was no valid arrest. The suspect’s
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 policeman’s 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 Z’s 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 Z’s 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 compound’s 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. 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 government’s interest in monitoring cases of violation of
anti-piracy and pornographic laws is paramount over the passenger’s right to
privacy.
d. No, because the government’s 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.
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. 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. 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: