Civil Procedure 04/30/22

1a. The prosecution filed the information against D for murder. A warrant for the
arrest of D was issued. D went to the hospital and while thereat, he called the
police to surrender. The police arrested D. D filed a motion for hospital arrest.
Without conducting a hearing, the Judge granted the motion. The prosecution filed
an administrative case against the Judge alleging that the action of the Judge was
not correct. Will the action prosper?
a. Yes because the court did not hear the motion thus the prosecution was
deprived of the opportunity to object.
b. Yes because by not calling the motion for hearing, the court committed abuse of
discretion.
c. No because the remedy of an aggrieved party of any erroneous order of the
court is to the CA by way of Rule 65.
d. No because the remedy is Rule 45 on pure question of law.
e. Mandamus
1. In a habeas corpus case, the respondent Director of the Bureau of Corrections
received a copy of the RTC's decision on April 25 at 10:00. Up to when may the
Director appeal the decision?
Up to May 10 at 10AM
Up to April 30 at 10AM
c. Up to April 27 at 10AM
d. Up to May 25 at 10AM
2. Which of the two is a matter or right?
a. Ordinary appeal
b. Appeal from several judgment
3. P received on February 28, 2006 a decision of the RTC in a sum of money case
which dismissed the case for lack of merit. Up to when may P appeal the RTC
decision?
a. March 15
b. March 16
c. March 14
d. March 17
4. Based on the preceding problem. Let us say that on March 13, 2006, P filed a
motion for reconsideration. On April 5, P received the order of the court denying
his motion for reconsideration. Up to when may P appeal the RTC decision?
a. April 7
b. April 20
c. April 10
d. May 5
5. P sued B for reconveyance of a parcel of land. Judgment was rendered on April
1 by the RTC. On April 15, without paying the appellate docket, P filed his notice of
appeal. The RTC denied due course to the appeal. Was the RTC correct?
a. Yes because the notice of appeal was filed beyond the reglementary period.
b. Yes because P did not pay the appellate docket fee.
c. Yes because it was filed without a prior motion for reconsideration.
d. Yes because the RTC was correct.
6. A ________________ is a record of the case a quo prepared and filed by a
party who intends to take an appeal in cases of special proceedings, and in cases
of multiple and separate appeals.
a. Appellate record
b. Transcript of Stenographic Notes with document exhibits of a case.
c. Certified copy of all pleadings, TSN and exhibits deemed relevant by the
appealing party.
d. Decision of the trial court.
7. Where to file the record on appeal of a case decided by the RTC?
a. In the RTC
b. CA
c. SC
8. P won in an ejectment suit against D. The MTC refused to give due course to
the notice of appeal filed by D so the latter filed a special civil action for certiorari
with the RTC. The RTC granted the petition for certiorari. P appealed to the CA by
way of a petition for review under R42. The CA dismissed P's appeal holding that
the proper remedy was R41 not R42. Was the dismissal of P's petition for review
correct?
a. No because it was a decision of the MTC which was subjected to appeal to the
CA.
b. No because it is a matter of right hence the CA should decide the case on the
merits.
c. Yes because the petition in the RTC was an original action hence the remedy is
ordinary appeal.
d. Yes because the RTC was not correct in its decision.
9. In a civil case before the RTC, judgment was rendered against D. D interposed
an appeal to the CA under R41. P moved that the CA dismissed the appeal on the
ground that it was not perfected on time. The CA dismissed the appeal although
the appeal was actually perfected on time. D's motion for reconsideration of the
dismissal was denied. What is the remedy of D from the CA's dismissal order?
a. Appeal to the SC
b. Motion for reconsideration
c. Petition for certiorai with the SC
d. Petition for mandamus with the SC
10. Based on the preceding problem. What is the reglementary period to file you
action based on your answer in the preceding problem.
a. 15 days
b. 30 days
c. 45 days
d. 60 days
11. May the petition for review under Rule 42 raise question of fact?
a. Yes
b. No
12. May the DENR Secretary's act of approving a mining company's application for
Mineral Production Sharing Agreement and entering into a MPSA with the mining
company be reviewed by the CA under R43?
a. Yes because the DENR Secretary's decision is reviewable by the CA.
b. No because said decision is not in the exercise of the DENR's quasi-judicial
power.
Option 3
13. Where to appeal the decision of the Board of Investments?
a. To the SC
b. To the RTC
c. To the CA
d. To the SEC
14. Are commercial arbitration awards reviewable by the CA under Rule 43?
a. Yes because this is allowed, by implication, under Rule 43.
b. No because said body does not exercise quasi-judicial powers .
.
15. How appeal is taken under Rule 43 of the Rules of Court.
a. Notice of appeal
b. Petition for review
c. Petition for review under Rule 42
d. Petition for certiorari under Rule 65
16. A ____ is one wherein both parties have appealed.
a. Simultaneous appeal
b. Record on appeal
c. Cross appeal
d. Memorandum on appeal
17. Where to file the annulment of judgment of the RTC decision?
a. SC
b. CA
d. Ombudsman
18. Which of the following is a ground for annulment of judgment?
a. lack of due process
b. intrinsic fraud
c. improper venue
c. res judicata
19. A sued b for sum of money in the RTC. Judgment was for A. B appealed. Who
shall be deemed as counsel of B on appeal?
a. The one appointed by the CA
b. The counsel of B in the court a quo.
c. The counsel B may procure after the CA's decision.
d
20. A sued B for sum of money in the RTC. Judgment was for A. B appealed to the
CA. Even after 30 days, the RTC did not elevate the record of the case to the CA.
What will B do?
a. File a motion in the CA to direct the RTC to elevate the record of the case.
b. File a petition for mandamus to compel the RTC to elevate the case to the CA.
c. File a motion in the RTC to elevate the case to the CA.
d. File an administrative case against the judge of the RTC.
21. May the CA in an appealed case decide the case even on matters not
assigned as errors of the court a quo?
a. Yes if they are necessary in the just resolution of the case.
b Yes as a necessary incident of its power of review.
c. No because errors not assigned are deemed waived.
d. No because the CA has no power.
22. Which of the following is not a ground for the denial of a direct appeal to the
SC on pure question of law?
a. Filed without a motion for reconsideration
b. Filed manifestly for delay
c. Filed without merit
d. The questions raised are too unsubstantial to require consideration
23. Is the availment of Rule 45 a matter of right?
a. Yes because every litigant must have his day in court.
b. Yes because it is part of due process.
c. No because it is only discretionary.
d. No because it will cause delay.
24. Which of the following is not a ground for the SC's review on pure question of
law?
a. When the court a quo has decided a question of substance not yet determined
by the highest tribunal.
b. The court of origin decided the case in a manner not in accord with
jurisprudence.
c. Decided the case in such a manner that is injurious to the losing litigant.
25. Which of the following is not subject to the original or concurrent jurisdiction of
the RTC, CA, SC and Sandiganbayan?
a. Certiorari
b. Habeas corpus
c. Prohibition
d. Mandamus
e. Ejectment
f. Writ of amparo
26. Does the CA issue summons upon the respondent in an original action filed to
it?
a. Yes in order that jurisdiction may be acquired over the person of the
respondent.
b. Yes as a matter or regular procedure particularly in Rule 14.
c. No because what the CA will issue is an order or resolution as its initial action.
d. No because the respondent was already furnished with a copy of the petition or
complaint.
27. A sued B for ejectment in the MTC. Judgment was for A. B appealed but the
RTC sustained the decision of the MTC. B filed a petition for review under Rule 42.
What will the CA do after receipt of a copy of the petition?
a. Dismiss the case for being filed with a wrong remedy, the proper being a notice
of appeal.
b. Require the respondent to file his comment.
c. Issue summons to the respondent.
d. Furnish copy of the petition to the respondent.
28. Which of the following is not a ground for the dismissal of the petition for
review by the CA?
a. Patently without merit.
b. Prosecuted manifestly for delay.
c. questions raised are unsubstantial to require consideration.
d. Assignment of errors are not sufficiently alleged.
29. In an action for annulment of judgment, the CA required the parties to submit
their respective memorandum without conducting a hearing or reception of
evidence. Was the CA correct?
a. Yes as mandated by Section 9, Rule 42 of the Rules of Court.
b. Yes because the memorandum will treat the issues of the action to guide the
CA in its decision.
c. No because reception of evidence is required.
d. No because the CA has to issue a notice.
30. Where to appeal the decision of the Civil Service Commission?
a. RTC
b. CA
c. SC
d. Sandiganbayan
31. Which of the following is not expressly provided in the Rules of Court but is
allowed by the court after the parties have offered their evidence but before
judgment.
a. New trial
b. Judgment on the pleadings
c. Relief from judgment
d. Execution of judgment
e. Litis pendentia
f. Res judicata
g. Reopening of case
h. Summary judgment
32. What is the mode of appeal in a decision rendered by the National Labor
Relations Commission?
a. Ordinary appeal to the CA
b. Petition for review with the CA under Rule 43
c. Petition for certiorari to the CA under Rule 65
d. Appeal to the SC by way of Rule 45
33. Where to appeal the decision of the Commission on Audit in administrative
disciplinary cases?
a. Appeal to the CA by way of Rule 64
b. Appeal to the CSC
c. Petition for review under Rule 65
d. Petition for certiorari under Rule 65
e. To the RTC
34. Does the fresh period rule or the "Neypes Rule" apply to administrative cases?
a. Yes
b. No
35. What is the remedy in case of a decision of the RTC sitting as Special Agrarian
Court?
a. Appeal by way of Rule 42.
b. Petition for review under Rule 45.
c. Petition for certiorari under Rule 65.
d. Ordinary appeal under Rule 41
36. What is the remedy in case of final judgment, order, awards, or resolution of
the Energy Regulatory Commission?
a. To the CA under Rule 43
b. To the CA under Rule 42
c. To the CA under Rule 41
d. To the SC under Rule 45
e. To the CA under Rule 65
37. What is the remedy to question judgment of the RTC on pure question of law?
a. Rule 65
b. Rule 41
c. Rule 45
d. Rule 43
e. Rule 42
38. What is the remedy to question the decision of the RTC rendered without
jurisdiction but already became final not being challenged even after six months
from knowledge of the decision?
a. Rule 41
b. Rule 42
c. Rule 43
d. Rule 44
e. Rule 45
f. Rule 46
g. Rule 47
39. A party who filed an original action in the CA is called:
a. Complainant
b. Petitioner
c. Appellant
d. Challenger
40. Do you consider the availment of Rule 65 with the CA an independent action?
a. No, it is a continuation of appeal.
b. Yes it is an independent action.
c. No it is merely ancillary to the jurisdiction of the CA
41. How will the CA acquire jurisdiction over the defending party in an original
action filed before it?
a. Service of summons
b. Service of order or resolution
c. Notice through mail
d. Any other mode recognized by law
42. May the CA conduct hearings?
a. No because it is not a trier of facts.
b. No because it is the RTC or the MTC which can hear cases only.
c. Yes when there is a need to determine factual issues of original action filed
before it.
d. Yes at its discretion.
43. Which of the following is a ground for annulment of judgment?
a. Lack of due process
b. Intrinsic fraud
c. Failure to appeal timely.
d. Erroneous order of the court.
44. What will the CA do in case it found prima facie merit to the petition for
annulment of judgment?
a. Given due course and summons be served.
b. Require the respondent to file comment.
c. Require the parties to file their respective memorandum.
45. Which of the following is true?
a. The CA can award damages in annulment of judgment cases.
b. The can take cognizance of a petition for review under Rule 45.
c. The SC can try factual issues.
d. The RTC can try ejectment cases.

Civil Procedure 051422

1. H and W were married to each other. In 2012, W went to Manila and was not
heard of again. H, who remained in Kapatagan, Lanao del Norte, filed a petition for
presumptive death. The RTC granted the petition. The Office of the Solicitor
General filed a notice of appeal. Will the RTC give due course to the notice of
appeal?
a. No because the remedy of the republic is to file a petition for certiorari under
Rule 65.
b. No because the decision is not appealable being an interlocutory one.
c. Yes because such a notice of appeal may be considered as equivalent to a
petition for certiorari under Rule 65.
d. Yes because notice of appeal is the only remedy of the aggrieved party.
2. In all cases originally filed in the CA, the party instituting the action shall be
called the _________.
a. Complainant
b. Plaintiff
c. Petitioner
d. Respondent
3. Is it required of the initiator of an original action in the CA to pay the docket fee?
a. Yes
b. No
4. How jurisdiction by the CA is acquired over the person of the receiving end of
an original action?
a. Service of summons
b. Service of subpoena
c. Service of an order or resolution
d. By the sheriff
5. May the CA order a judge of the RTC to receive evidence of a case originally
filed with the CA?
a. Yes whenever necessary to resolve factual issues.
b. No because it also can receive evidence to resolve factual issues.
6. In an petition for certiorari under Rule 65, the initiating party filed a motion to
admit amended petition and set the case for hearing on a certain date. The CA,
after 10 days, resolved the motion without holding a hearing. Was the CA correct?
a. No because a hearing should be conducted in accordance to the notice of
hearing contained in the Motion.
b. No because the CA should have heard the argument of the moving party.
c. Yes because hearing is not required.
7. May the CA hold a hearing, by way of oral argument, motu proprio?
a. No, unless there is a motion by a party to the case?
b. Yes at its discretion.
8. The MTC decided an ejectment case favoring P. D appealed to the RTC but the
decision was affirmed. D filed a notice of appeal which was given due course by
the RTC and the entire record of the case was forwarded to the CA. What action
will the CA do upon receipt of the record of the case?
a. Dismiss the case.
b. Require the parties to submit simultaneous memorandum.
c. Issue a resolution as its initial action requiring the submission of pleadings.
d. Conduct a hearing
9. How do you view the withdrawal of appeal to the CA?
a. It is a matter of discretion on the part of the appellant.
b. It is a matter of right before the filing of appellant's brief.
c. It is a matter of discretion on the part of the CA after the filing of appellee's brief.
d. It is a matter of right after the filing of memorandum.
10. It is a doctrine that the CA must disregard any error or defect which does not
affect the substantial rights of the parties.
a. Liberality
b. Negligible error
c. Sunmontue wedthufrisat
d. Harmless error
11. Who will write the decision of the CA?
a. Any justice assigned by the presiding justice.
b. A member who took part in the deliberation of the case.
c. A member elected by the majority of justices of the court.
d. By all members who took part in the deliberation.
12. After the deliberation by a division of the CA, two voted for the affirmance of
the RTC decision while one was against. Will the appealed case be dismissed?
a. Yes because majority of the division voted for it.
b. No because a special division shall be created by the chairman of the division.
c. Yes because the "majority rule" is observed in the CA.
d. No because the presiding justice will now designate two additional justices to
form a special division of five memebrs.
13. Which of the following is not a disposition of a case by the CA in the exercise
of its appellate jurisdiction?
a. Affirm
b. Reverse
c. modify
d. direct a new trial
e. require the submission of briefs
14. In the trial court, a sin perjuicio judgment is not allowed, but in the CA it is.
a. True
b. Maybe
c. False
Other:

15. In an appealed case to the CA, will the CA issue a writ of execution after its
decision became final?
a. Yes as a matter of procedure.
b. Yes because it has the record of the case.
c. No because it is the court a quo that issues the writ.
d. No because a hearing is still required.
Other:

16. In an appealed case, may the CA resolve the motion for execution of its
judgment?
a. No because it is the court a quo that resolves the motion.
b. No because it is the court a quo that has the power to issue the writ of
execution.
c. Yes because it has that power.
d. Yes but only before the judgment became final.
17. The CA denied the motion to hold a hearing of an appealed case. The moving
party moved for a reconsideration of the order. The CA denied the second motion
for being a prohibited pleading. Was the CA correct?
a. Yes because no second motion for reconsideration is allowed upon a ruling by
the CA.
b. Yes because it is intended to delay the proceeding of the case.
c. No because the order was interlocutory.
d. No because it is a judgment.
18. In the CA, what will happen to the motion for execution of judgment when a
motion for reconsideration was timely filed?
a. For whatever reason, it is carried our upon the direction of the CA.
b. It is stayed.
c. It is enforced provided there is a posting of bond.
d. It is ordered heard by the CA.
19. In appealed cases, may the CA order a new trial based on newly discovered
evidence?
a. No because the CA is not a trier of facts in appealed cases.
b. No because the CA will consider only those in the entire record of the case.
c. Yes based on newly discovered evidence not presented in the court a quo.
d. Yes for good reasons shown.
20. Which of the following is an exclusive original jurisdiction of the Supreme
Court?
a. prohibition
b. mandamus
c. habeas corpus
d. quo warranto
e. disciplinary proceedings against members of the judiciary
f. certiorari
21. An appeal to the SC may be taken only by a:
a. Notice of appeal
b. petition for review on certiorari.
c. petition for certiorari
22. What will the SC do if an appeal by certiorari from the RTC was found by the
former to have included issues of facts?
a. Dismiss the appeal
b. Call for hearing.
c. Call for oral argument.
d. Refer the case to the CA.
23. A case in the SC was deliberated and the en banc majority of five rendered a
decision. Was that valid?
a. Yes 5 is the majority of 8.
b. No because the majority of SC en banc is 8.
24. What is the effect if an administrative case against a judge, the en banc is
equally divided, and after the re deliberation no decision was reached?
a. The case is dismissed.
b. The case is remanded to the Court Administrator for hearing.
c. Referred to the CA for reception of evidence.
25. The RTC found probable cause against an accused hence it issued a warrant
of arrest. The accused filed a petition to the SC on pure question of law. The en
banc was equally divided. After a re deliberation, no decision was reached. What
will be the result?
a. The ruling of the RTC is affirmed.
b. The ruling of the RTC is reversed.
26. Which of the following is not a provisional remedy?
a. Preliminary injunction
b. Preliminary attachment
c. Receivership
d. Replevin
e. Support
f. Mandamus
27. In a pending annulment of contract case due to fraud, the buyer prayed that
the RTC direct the seller to deposit the equivalent amount covering the sale with
the bank. May the RTC grant the remedy of deposit during the pendency of the
action?
a. No because it is not a provisional remedy.
b. No because the RTC has no power to order the deposit while the case is
pending.
c. Yes in the exercise of its equity jurisdiction.

Civil Procedure 052122

1. A sued B for sum of money in the amount of P3M. During the pendency of the
case, A moved for the attachment of the property of B. The court granted the
application for preliminary attachment. RTC decided for A. B's motion for
reconsideration was denied. B filed a petition on certiorari. What will the CA do?
a. Give due course to the petition.
b. Require A to comment on the petition.
c. Dismiss the petition.
d. Issue summons
2. A sued B for recovery of a parcel of land the assessed value of which was P1m.
A moved for the issuance of preliminary attachment which the RTC granted. B's
motion for reconsideration was denied. B filed a petition for certiorari with the CA
ascribing to the RTC grave abuse of discretion. Will the RTC suspend the principal
action while waiting for the CA ruling on the petition for certiorari?
a. Yes in accordance to the principle of judicial courtesy.
b. Yes as a matter or rule.
c. No the CA has the discretion what to rule on the issues raised.
d. The RTC will proceed to hear the main action if no TRO or restraining order is
issued by the CA.
3. Which of the following not is a ground for the dismissal of the petition for
mandamus?
a. Patently without merit.
b. Prosecuted manifestly for delay.
c. Questions raised are too unsubstantial to require consideration.
d. Questions raised are evidentiary.
4. In the last elections, A ran for mayor against B. B was proclaimed as winner. A
filed his protest in the RTC. A failed to pay the correct docket. B moved to dismiss
the appeal. RTC denied. What will B do?
a. File a notice of appeal to the CA.
b. File a notice of appeal to the Comelec.
c. File a petition for certiorari to the Comelec.
d. File a petition for certiorari with the CA.
5. What will the CA do after a petition for prohibition was filed?
a. Issue summons as a matter or course.
b. Require the respondent to comment if the initiatory pleading is sufficient in form
and substance.
c. Issue a notice of hearing.
d. Require he submission of memoranda.
6. A sued B for sum of money amounting to P3m in the RTC. What will A do in
order to ensure that B will be compelled to pay his debts taking into account the
possibility that B will travel to America?
a. File a preliminary attachment of B's property in the Philippines.
B. File a collection case against B in the RTC
c. File a bond to compel B to deliver to him his land.
d. File a motion for mandatory injunction.
7. A, an American borrowed money from B in the amount of P1m. A has a Toyota
Fortuner valued at P1m. A was heard to be leaving for America next month and
the debt was already due. What will B do?
a. File a collection case in the RTC and pray for preliminary attachment of the car
of A.
b. File a case of estafa against A so that he may be arrested before leaving the
country.
c. e. File a sum of money case in the MTC and apply for preliminary attachment.
d. File a foreclosure of mortgage over the Toyota Fortuner of A.
8. A sued B, an American, for sum of money amounting to P200T in the MTC. A
moved for attachment of B's house where his wife and children lived. After posting
of bond, the court granted the motion for attachment. Did the court correctly issue
the order?
a. Yes because B is an American and there is danger that he would go to America
leaving his debt here.
b. Yes because A already posted a bond.
c. No because it was the house of the B where his family lived which was
attached.
d. No because there was no decision as to whether or not B was actually indebted
to A.
9. What is the reason for allowing the ex parte issuance of an order of preliminary
attachment?
a. To avoid the possibility that the adverse party will dispose his property while the
application is being heard.
b. To provide security that the debt is to be paid.
c. To prohibit the defendant to sell his property.
d. To require the posting of bond.
10. May property in custodia legis be attached?
a. Yes
b. No
11. May the adverse party against whom a writ of attachment has been issued
move for its lifting by depositing real property instead of depositing cash or filing a
counter bond?
a. Yes
b. No
12. A remedy afforded to a third-party with a claim to property levied, attached, or
seized by virtue of court order, wherein the third-party makes an affidavit of his title
or right of possession to the property and serves the affidavit upon the court officer
and a copy upon the party procuring the levy, attachment, or seizure.
a. Intervention
b. Cross-claim
c. Third party-complaint
d. Third party-claim
13. Which of the following is always a main action?
a. Injunction
b. Mandamus
c. Replevin
d. Support
14. It is to compel a particular party to do a particular act in order to restore the last
actual peaceable uncontested status which preceded the pending controversy.
a. Mandamus
b. Preliminary injunction
c. Prohibition
d. Mandatory injunction
15. There is no bond in its issuance and intended primarily to maintain the last
actual, peaceable, uncontested state of things which preceded the controversy.
a. Mandamus
b. Mandatory injunction
c. Preliminary injunction
d. Temporary restraining order
e. Status quo ante order
16. Which of the following wherein preliminary injunction is not prohibited?
a. Collection of taxes
b. Foreclosure by government financial institution
c. Securities and Exchange Commission
d. Asset privatization trust
e. enforcement of writ of execution
17. An ancillary remedy wherein the court appoints a receiver to receive and
preserve the property or fund in litigation during the pendency of the case, when it
does not seem reasonable to the court that either party should hold it.
a. Mandamus
b. Attachment
c. Replevin
d. Receivership
18. May the question on whether the DOJ Secretary committed grave abuse of
discretion amounting to lack or excess of jurisdiction in affirming, reversing, or
modifying the resolutions of prosecutors be the subject of a petition for certiorari
under Rule 65?
a. Yes in the exercise of judicial review.
b. Yes for purposes of testing the validity of the findings of the Secretary.
c. No because the prosecution of criminal cases cannot be a subject of injunction.
d. No because the remedy is to go into trial.
19. D sold to P what appeared to be an original Da Vinci painting at P5M. P
suspected that the painting was not original hence he sued D. P was able to
secure a writ of attachment against D on the ground of fraud. D moved to
discharge the attachment arguing that the painting is original hence there was no
fraud. Will D's motion be granted?
a. Yes because there was no basis in the issuance of writ of attachment.
b. Yes because the issue of fraud is the principal cause of action hence no
attachment must be issued.
c. No because it is also the main cause of action, although the issuance may be
irregular.
d. No because this would cause delay in the proceeding.
20. How do you view an action for prohibition for purposes of determining the
proper venue?
a. Real action
b. Sui generis
c. Personal action
d. Action in rem
21. May a temporary restraining order issue ex parte?
a. Yes
b. No
22. Give an instance wherein the applicant for preliminary injunction be exempted
from the filing of an injunction bond.
a. When the applicant is an inigent.
b. In criminal cases where the accused is detained.
c. In class suit against a solvent corporation under the corporation code.
d. Citizen suit under the clean air act.
23. What will the executive judge of a multiple sala court do if a petition coupled
with a prayer for TRO was filed and an allegation of irreparable damage or injury
was alleged?
a. Raffle the case and assign the case to a branch.
b. Hold a summary hearing.
c. Issue a 72-hour TRO
d. Refer the case to the Office of the Clerk of Court for proper assignment to the
proepr branch.
24. A owned a parcel of land covered by a tax declaration. a left for the US in
2000. In 2007, B was able to secure a title over the land. The other day, A sued B
for recovery of land. Included in the prayer is the issuance of a TRO. The court
held a summary hearing. The court issued a TRO and directed B to cease
cultivating the land during the pendency of the case. Was the court correct?
a. Yes because A may suffer irreparable damage or injury if the TRO was not
issued.
b. Yes to protect the rights of A during the pendency of the case.
c. No because the damage that A may suffer is compensable in terms of money.
d. No because there was no showing of irreparable damage or injury.
25. P filed an action for collection of P3m against D. During the pendency of the
case, P learns that D was disposing some of his property and that the rest of D's
property is deteriorating rapidly. May P be correct if he applied for the appointment
of a receiver of D's property?
a. Yes because he is an interested party to the case being D's creditor.
b. Yes in order that the property of D will not diminish in its value.
c. No because the property of D is not the subject of litigation.
d. No because P has not direct interest on the property of D.
26. Based on the preceding problem. Assume that judgment was rendered infavor
of P and it became final and executory. May P apply for the appointment of a
receiver of D's property?
a. No because the property of D is not the subject of litigation.
b. Yes because of the danger that D will dispose of his property.
c. No because the remedy should have been attachment.
d. Yes to protect the rights of P.
27. It is available remedy even if the principal suit is not for recovery of personal
property.
a. Replevin
b. Attachment
c. Replevin bond
c. Supersedias bond
28. _____________ is a remedy to put the personal property under the control of
the court although it is concealed, removed or disposed of to prevent its being
found or taken by the applicant.
a. Replevin
b. Mandatory injunction
c. Attachment
d. Counter bond
29. A sold to B a car valued at P1m, on installment. B failed to pay the total value
of the car after the agreed period. A filed an action for sum of money and prayed
for the manual delivery of the car to him. Will the court order the manual delivery of
the car to A?
a. Yes and it is called replevin.
b. Yes provided A posts a replevin bond.
c. No because the principal action is collection of sum of money.
d. No because the remedy is to present evidence.
30. Is prior demand a condition precedent to the filing of an action for a writ of
replevin.
a. Yes otherwise, the action is premature.
b. Yes to give the defendant the opportunity to avoid a litigation.
c. No, it is not necessary.
d. No because it may delay the case.
31. A and B were sweethearts. After repeated visits to City Best in Iligan, B, by
divine intervention, became pregnant. A, like a wolf, disappeared. B gave birth to
their child in 2015. B found out later that A was now a police officer. What will B do
in order that A will provide immediate support to their child?
a. File a Complaint for support in the Family Court
b. File a Complaint for support with a prayer for support during the pendency of the
case.
c. File a petition for recognition.
d. Report A to the Chief PNP
32. Based on the preceding problem, assume that during the pendency of the
case for support, the court ordered A to support the child. Will A be correct to
argue that the order was erroneous because he was not given the opportunity to
prove that B was richer than him?
a. Yes because hearing is required to determine who has a better economic
station.
b. Yes because no court order be issued without concluding the reception of
evidence.
c. No because the order was only interlocutory.
d.
33. Based on the preceding problem, Will A be correct to appeal the order of the
court?
a. Yes
b. No
34. Can government funds be subject of garnishment or levy?
a. Yes
b. No
35. ___________ exists when the doubt or controversy concerns the correct
application of law and jurisprudence to a certain set of facts.
Question of law
36. Is a special civil action whereby a person who claims no interest whatsoever in
a property or right, or an interest which in whole or in part is not disputed by the
claimants, brings an action against the conflicting claimants to compel them to
interplead and litigate their several claims among themselves.
Interpleader
37. Is a bond that the court requires from the defendant in an ejectment case who
wants to stay the immediate execution of the adverse judgment during the
pendency of the appeal. (Repeat the word bond in your answer. Capitalize the first
letter of every word)
Supersedeas Bond
38. P, a warehouse man, filed a complaint against V and X corporation to
interplead. P alleged that both V and X claimed ownership of a cargo of 1000
sacks of rice valued at P2m. What court which has jurisdiction over the action?
a. RTC because interpleader is an action incapable of pecuniary estimation.
b. MTC because the total value is P2m.
39. Assuming that in the preceding problem, the court ruled that V owned the
cargo. May P be correct to file a collection case for payment of storage from V?
a. Yes because at the time that the decision was rendered, P did not yet know who
was the owner of the cargo and splitting of cause of action does not apply.
b. No because that was already waived by P.
c. Yes because in an interpleader suit, no cause of action exists hence res judicata
would not apply.
40. It is res judicata that bars the relitigation of a case.
Conclusiveness of judgment
41. It is an order in writing issued by a court commanding the Bureau of
Immigration to prevent any attempt by a person suspected of a crime to depart
from the Philippines, which shall be issued ex parte in cases involving crimes
where the minimum of the penalty prescribed by law is at least 6 years and 1 day
or when the offender is a foreigner regardless of the imposable penalty. (capitalize
the first letter of every word_
Precautionary Hold Departure Order
42. Which of the following is not a provisional remedy under the Financial
Rehabilitation and Insolvency Act (FRIA)?
a. Stay or suspension order
b. Receivership
c. Seizure Order
43. Which of the following is a provisional remedy under the Anti-Money
Laundering Act?
a. Freeze order
b. discovery order
c. Account book order
d. Financial disclosure order
44. Which of the following is not a provisional order under RA 9262?
a. Barangay protection order
b. Temporary protection order
c. Custody order
45. Where to appeal the decision of the Civil Service Commission?
a. CA by way of notice of appeal
b. CA by way of petition for review
c. SC under Rule 45
d. RTC
46. Is it required that the Solicitor General be heard when the case involves the
constitutionality of a provincial ordinance?
a. Yes
b. No
47. Do you consider the reformation of instrument, to quiet title to real property or
remove clouds therefrom, or to consolidate ownership under Article 1607 of the
New Civil Code partake of the nature of declaratory relief?
a. yes
b no
48. Is declaratory relief available after violation of the ordinance was committed?
a. Yes
b. No
49. The City of Iligan (Iligan) enacted an ordinance requiring the payment of P1T
annual fee for every electric post that the Iligan light (IL) and Power erected. IL
filed a petition for declaratory relief against the ordinance. Iligan filed a motion to
dismiss which the RTC granted on the ground that IL failed to exhaust
administrative remedy by challenging the ordinance before the Secretary of
Justice. Was the RTC correct
a. No because the imposition made by the Iligan is in the nature of regulation and
not a purely tax measure.
b. Yes because exhaustion of administrative remedy is a pre-requisite in every
action when it is available to the petitioner.
50. Which court has jurisdiction over an action for reformation of instrument?
(capitalize and abbreviate only)
RTC
51. A ran for municipal mayor against B. B won. A protested in the RTC. RTC
dismissed the protest. A's MR was denied. Where will A appeal the decision.
(capitalize all letters and abbreviate only)
COMELEC
52. Based on the preceding problem. Assume that a division of the body where the
appeal from the RTC was brought decided the appeal in favor of A, will B be
correct to file a petition for certiorari under Rule 64 to the SC?
a. Yes because that is the only available remedy of B.
b. No because a motion for reconsideration was not filed by B.
53. Period to file the petition for certiorari under Rule 64 after receipt of a copy of
the judgment? (Write the number and the word all in small letters)
30 days
54. Do you consider the availment of Rule 64 as an original action?
a. Yes because it is in the nature of a petition hence an original action.
b. No because it is a mode of review hence a mode of appeal.

Civil Pro/Rem Review 05/28/22

1. The Ombudsman found Carmen administratively liable for failure to account his
cash advances in the municipality of which she was an employee. Carmen sought
an injunction in the RTC to prevent said office to carry out its decision suspending
her for three months. The RTC issued an order restraining the Ombudsman. Was
the RTC correct?
a. Yes the RTC was correct being a court of general jurisdiction.
b. Yes because the RTC exercised concurrent jurisdiction with the CA,
Sandiganbayan and the SC in cases of injunctions.
c. No because the Ombudsman is a co-equal body of the RTC hence it has no
power to restrain the Ombudsman.
d. No because the decision of the Ombudsman in disciplinary cases is
immediately final and executory.
2. X owned a parcel of land the assessed value of which was P300K. N claimed
the land to be his. X filed an action for quieting of title. Does the RTC, as a matter
of law, have jurisdiction over the action?
a. Yes because the action is incapable of pecuniary estimation.
b. Yes because it is a court of general jurisdiction.
c. No because it is a real action hence it is the MTC that has jurisdiction.
d. No because jurisdiction is conferred by law and not by the agreement of the
parties.
3. Is there a cause of action in a declaratory relief action?
a. Yes because of the expanded concept of cause of actions in proceedings for
declaratory relief.
b. Yes because a cause of action is one which precipitates one to act.
c. None because there is no injured party.
d. None because the action is only for a declaration of the rights of the parties.
4. The RTC denied a motion to intervene. The intervenor filed a motion for
reconsideration which was also denied. The intervenor may file a petition for
certiorari under Rule 65.
a. Yes because there was abuse of discretion on the part of the RTC.
b. Yes because there is no other plain and speedy remedy in the ordinary course
of law.
c. No because appeal is the available remedy.
d. No because there is an available remedy of a third party complaint.
5. W was married to G in an Islamic rite in Basilan in 1985, both being Muslim
converts. In 1986, W and G caused the celebration of their civil wedding in 1986,
in Iligan City. In 1990, G was able to secure a divorce from W in the Shariah Court.
W remarried to P in 1993 under the Islamic rite being both Muslims. W and P
quarreled. P filed a bigamy case against W alleging that she was still married to G
at the time that they married with each other in 1993. W countered that her
marriage to G was already terminated when a divorce decree was issued. P
contends that it was the Islamic cite marriage of W and G that was dissolved but
not their marriage under the Civil Law. The RTC (Family court), after finding
probable cause, issued a warrant for the arrest of W. W filed a petition under Rule
45 challenging the Order of the RTC. Was the action of W proper?
a. Yes because she was no longer married to G at the time she married P.
b. Yes because it is now a pure question of law as to whether or not W was still
married to G at the time she married P in 1993.
c. No because the remedy was to go into trial and appeal the decision in the event
of conviction.
d. No because trial was an available remedy.
6. W sued B for grave oral defamation in the MTC. During the pre-trial of the case,
the public prosecutor moved for the dismissal of the action contending that there
was really no grave oral defamation. W intervened and asked the public
prosecutor to authorize L as the private prosecutor. The public prosecutor refused.
W, through L, filed an action for mandamus to compel the public prosecutor to
authorize L to prosecute the case. Will the action prosper?
a. Yes because it is the ministerial duty of the public prosecutor to authorize a
private prosecutor to prosecute when there is a request.
b. Yes because in this case the public prosecutor failed to perform its ministerial
duty to prosecute.
c. No because the act of giving authority to prosecute is a discretionary duty.
d. No because the private prosecutor is always subject to the control of the public
prosecutor.
7. S was the DSWD Officer of X municipality. After the elections in 2019, the
mayor replaced S with M as DSWD Officer. S was assigned as market collector.
What should the the remedy of S in order to be restored to her position? (Only one
word)
Mandamus
8. X rented a room owned by Y for a period of one year, or until November 2.
Yesterday, without making a prior demand to vacate, Y sued X for unlawful
detainer. X moved to dismiss the case for lack of jurisdiction because Y failed to
make a demand to vacate. Will the case be dismissed?
a. yes for lack of demand to vacate which is required in unlawful detainer case.
b. No because a demand to vacate is necessary only when the period of the lease
was not fixed.
c. Yes because without a demand to vacate, the court cannot acquire jurisdiction
over the action.
d. No because it is better that cases are decided on its merits rather than on
techniclaities.
9. A _________ ________ is a denial of a fact alleged with some qualifying or
modifying circumstance which denial is ambiguous or conjunctive, that is, it cannot
be ascertained whether it is the fact or only the qualification or modification which
is denied. In this denial, there is an implied admission.
negative pregnant
10. Norma, the Chief of the Meat Inspection Division of the City, was replaced by
Helen, through an Order of the newly elected mayor. Norma filed an action for
mandamus one month after she was replaced without first exhausting
administrative remedies. Is the case of mandamus dismissible for non-exhaustion
of administrative remedies?
a. Yes for failure of Norma to exhaust administrative remedies.
b. Yes because exhaustion of administrative remedies is jurisdictional.
c. No because there is public interest involved in this case which must be filed
before the lapse of one year.
d. No because it causes delay.
11. Is a prior hearing required before the plaintiff may enter into or take possession
of the property involved in expropriation and after the posting of the provisional
deposit?
No
12. It is a special civil action brought in the name of the Republic against the
usurpation of public office, position or franchise, and commenced by the filing of a
verified petition. (capitalize the first letter of every word only)
Quo Warranto
13. Does the Sandiganbayan have original jurisdiction over quo warranto cases?
a. Yes, concurrently with the SC, CA and RTC
b. No, only in the exercise of its appellate jurisdiction.
14. In what instances that an action for quo warranto be filed in RTC of Manila
RTC?
a. When it is the commenced by a party who is a government official removed
from office without valid cause.
b. When commenced by the Solicitor General.
15. A was replaced as Municipal Civil Registrar by B after the election of the new
mayor. What will A do?
a. A may file a petition for habeas corpus.
b. A may file a petition for mandamus.
c. A may file a petition for quo warranto.
d. A may file a petition for certiorari under Rule 65.
16. Carlos, the mayor, prevented Mercy from performing her duties as Municipal
Civil Registrar. What remedy does Mercy have against Carlos?
a. Mandamus
b. Quo warranto
c. Prohibition
d. Certiorari
17. Mercy, a protegee of Mayor Carllos and the Market Administrator, was
designated as the Municipal Accountant while Sharon, the Municipal Accountant,
was transferred to the position of Market Administrator. Mercy assumed as
accountant. What remedy will Sharon avail to protect and assert her right to the
office.
a. Mandamus
b. Quo warranto
c. Prohibition
d. Certiorari
18. The Sidewalk Vendors organized themselves, through the help of
Pinapawisang Anak, an NGO. The vendors named their organization as Sidewalk
Vendors Association (SVA). SVA did not seek SEC registration. What remedy will
the affected municipality avail?
a. Quo warranto
b. Mandamus
c. Prohibition
d. Certiorari
19. Based on the answer in the preceding problem, what court the action be filed?
a. SC
b. CA
c. Sandgianbayan
d. RTC
20. Based on the preceding two problems, if it is another registered Market
Vendors Association (MVA) which wanted to challenge the existence and actions
of the SVA, what proper remedy to avail?
a. Quo warranto
b. Mandamus
c. Certiorari
d. Prohibition
21. based on the three problems preceding, who may initiate the action and what
proper steps to follow?
a. Lawyer of the MVA by way of petition for quo warranto.
b. The Solicitor General or the Public Prosecutor, with leave of court.
c. Upon the petition by the Solicitor General with the assistance of the public
prosecutor assigned in the territory where the action is to be filed.
22. Which of the following takes precedence over the others?
a. Mandamus
b. Quo warranto
c. Certiorari
d. Prohibition
23. P sued D for damages. During the pre-trial, D shouted at P. What will the court
do to assert its authority?
a. Cite D in indirect contempt of court.
b. Cite D in direct contempt of court.
c. Send D outside of the court.
d. Reprimand D.
24. Based on the preceding problem, will D be correct to appeal the order of the
court (your correct answer in the preceding problem)?
a. Yes because that is his proper course of action.
b. Yes because the order is not interlocutory.
c. No because the order is interlocuotry.
d. No because the judgment is final and executory.
25. In an ejectment case, the court ordered D to vacate the premises he occupied.
The sheriff successfully carried out the decision. Two days after, D returned to the
property and reoccupied it. What will plaintiff do?
a. Ask the sheriff to evict again D.
b. Ask the police to eject D.
c. File a motion to cite D in contempt of court.
d. File an initiatory pleading to cite D in contempt of court.
26. Based on the preceding problem, where to file the action?
. a. MTC only because ejectment cases are cognizable by the MTC.
b. RTC only where the MTC is sitting.
c. RTC or MTC
d. MTC where the case is pending or in the RTC where the MTC is sitting.
27. Penalty for indirect contempt committed against the RTC.
a. Imprisonment not exceeding six months and a fine of not exceeding P30T.
b. Fine of P30T and imprisonment of six months.
c. fine of P30T only.
d. Imprisonment of six months only.
28. May the RTC impose a penalty of four months imprisonment against a person
guilty of indirect contempt?
a. Yes
b. No
Option 1
29. May the judgment of indirect contempt be appealable?
a. Yes, as a matter of procedure.
b. No the remedy is certiorari.
30. May a judgment finding the respondent not guilty a subject of appeal?
a. Yes by the aggrieved party who is the petitione.
b. No because it violates the concept of double jeopardy.
31. May the RTC which adjudged the respondent guilty of indirect contempt and
sentenced the latter for six months imprisonment, release the respondent after ten
days even if there was no appeal?
a. Yes if public interest will not be prejudiced.
b. No because the respondent will have to stay in jail before the completion of his
service of sentence, subject to good conduct time allowance.
32. One of the following is not a ground for forcible entry.
a. Steatlh
b. Strategy
c. Threat
d. Intimidation
e. Liquidation
f. Force
33. Which has jurisdiction over ejectment cases? (abbreviate your answer, all in
the capital letters)
MTC
34. Is demand to vacate a pre-requisite in a forcible entry case?
a. Yes
b. No
35. Which of the following has to be filed within one year from deprivation?
a. Quo warranto
b. Mandamus
c. Prohibition.
c. Unlawful detainer.
36. The plaintiff, a resident of Ozamis City, sent a letter to defendant, a resident of
Pagadian City, with the following, "Please pay your rent or vacate" which
defendant received on March 7. Defendant refused. Plaintiff and defendant were
mediated in the Lupon but did not reach an agreement. May plaintiff file his action
for unlawful detainer this Monday?
a. Yes because it is within one year from the demand.
b. No because there was no proper demand made.