4remedial law mcq

7/30/2019 4Remedial Law MCQ

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MOCK BAR EXAMINATION QUESTIONS IN

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:

a. the place where he died.b. his residence at the time of his death.c. any of the provinces where he had any property at the time of his

death.d. any of the above places at the option of the petitioner.e. none of the above.

2. Which of the following is not correct? The extrajudicial settlement of theestate of a decedent is allowed:

a. when he died testate.b. when he died intestate.c. regardless of the value of his estate.d. when he was not survived by children.e. none of the above.

3. Which is correct? The allowance of a will is:

a. not conclusive as to its due execution.b. conclusive as to its due execution.c. conclusive as to the validity of the dispositions made therein.

d. not conclusive on anything.

4. The petition for the allowance of a will may not be filed by:

a. the testator himself during his lifetimeb. the executorc. the devisee/ legateed. a person who is not interested in the estate.

5. A will proved and allowed in a foreign country may be allowed in thePhilippines if:

a. It was proved and allowed in accordance with the laws of such foreigncountry.

b. The will was executed in the Philippines.c. The will was executed in such foreign country.d. None of the above.

6. Which is not correct? A special administrator has the power to:

a. Commence and maintain suits as administrator.b. Take possession of the estate of the deceased.c. Sell any property of the estate without court authority.d. Pay the debts of the deceased upon order of the court.

7. The actions, which may be filed against an executor or administrator, do notinclude:

a. recovery of real or personal property from the estate.b. recovery of an interest in such property.c. enforcement of a lien on such property.d. recovery of a loan evidenced by a promissory note signed by the

decedent.


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8. A probate court can:

a. issue writs of execution in all cases.b. not issue a writ of execution in any case.c. issue a writ of execution in only three (3) instances.

9. The residue of the estate of a decedent may be distributed to the heirs, evenbefore all the obligations of the estate have been paid if the distributees orany of them gives a bond to guarantee the payment of the unpaid obligationswithin 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 whowas a resident of the Philippines is:

a. his residence at the time of his death.b. the place of his death.c. any of the places where his properties are located.d. any of the places where he resides.e. the place where he last resided.

11. The venue of a petition for guardianship of a minor or incompetent whoresides 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 ofthe cause of the detention if:

a. made by a public officer.b. made by a private person.c. the detention is pursuant to a warrant of arrest.

13. When a person is detained by a private person, the writ of habeas corpusis directed:

a. to the said private person.b. to an officer of the law.c. to any person designated by the court.d. none of the above.

14. Habeas Corpus issued by the Regional Trial Court (RTC) is enforceableonly in:

a. the territorial jurisdiction of the RTC that issued it.b. the place where the person is actually detained.c. in the judicial region to which the RTC that issued it pertains.d. none of the above.

15. The venue of a petition for a change of name is:

a. the place of birth of the petitioner.b. his residence.c. the place where his birth was registered.d. the place where he was baptized.e. any place in the Philippines.


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16. The period of appeal from an order in a special proceeding is:

a. 15 days from notice, if no motion for reconsideration is filed.b. 15 days from notice of denial of a motion for reconsideration.c. 30 days from notice

d. none of the above.

17. Mr. PP, a resident of Quezon City was sideswiped while he was walkingalong a narrow street by a car negligently driven by Mr. DD, a resident ofManila. Any suit for damages should be filed in:

a. Makati city where the incident happened.b. The place stipulated upon by the parties after the incident.c. Manila, the residence of Mr. DD.d. Quezon City if Mr. PP so desires.

18. The following defenses and objections not pleaded either in a motion todismiss or in the answer are not deemed waived. Which is the exception?

a. Jurisdiction over the subject matterb. Jurisdiction over the person of the defendantc. Litis pendenciad. Res judicatae. Prescription

19. Mr. PP files a complaint against Mr. DD. The latter failed to answer withinthe reglamentary period.

a. The court may motu propio declare the defendant in default forviolation of the rules as long as the defendant is notified.

b. The court may thereupon render judgment granting the claimant therelief prayed for.

c. The court may direct the defendant to answer so that the issues maybe 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 defendantsfailure to answer.

20. Mr. Santos, the defendant in an action for annulment of marriage failed tofile his answer, under the circumstances:

a. The court shall order Mr. Santos to file his answer.b. The court may motu propio declare Mr. Santos in default.c. The court may declare Mr. Santos in default upon motion of Mrs.

Santos and proof the defendants failure to answer.d. The court shall order the prosecuting attorney to determine whether or

not collusion exists between the parties.e. The court shall order the prosecuting attorney to prevent fabrication of

evidence.

21. The following are the grounds that would justify a motu propio dismissalof 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:


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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 acause for his absence.

c. His non-appearance will be excused only if he is incapacitated.

d. His failure to appear without justifiable cause will automaticallyauthorize 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 thesubject matter of litigation and in the success of Mr. DD.

a. Without leave of court, Mr. CC may intervene in the suit.b. Mr. CC should file a third party complaint with leave of court.c. Mr. CC should file an inter pleader with leave of court.d. Mr. CC should file a cross-claim with leave of court.e. Mr. CC with leave of court may intervene in the suit.

24. Mr. PP sued Mr. DD who in his answer generally denied the materialallegations in the complaint. Mr. PP should file a:

a. Demurrer to evidenceb. A reply to the answerc. A motion for bill of particularsd. A motion for summary judgmente. A motion for judgment on the pleadings

25. Extra-territorial service of summons is proper only in the following

instances. Which is the exception?

a. When the action against the resident defendant affects the personalstatus of the plaintiff and the defendant is temporarily outside thePhilippines.

b. When the action is against a non-resident defendant who is formerly aPhilippine resident and the action affects the personal status of theplaintiff.

c. When the action against the non-resident defendant relates to propertywithin the Philippines in which the defendant has a claim or lien.

d. When the non-resident defendant is to be excluded from any interest

on a property located in the Philippines.e. When the non-resident defendants property is to be attached in the

Philippines.

26. Mr. PP has just completed presentation of his evidence against thedefendant, Mr. DD. Believing that the plaintiff has shown no right to reliefupon the facts and the law, Mr. DD moved to dismiss the complaint(demurrer to evidence). The motion was granted and the complaint wasdismissed. Mr. PP appealed and the appellate court reversed the order ofdismissal.

a. Mr. DD may insist on his right to present evidence in support of hisdefense 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 honestlybelieves that the judgment is contrary to law and that its findings are not


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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 forcertiorari raising jurisdictional grounds.

d. to file a motion for reconsideration and if denied then appeal from thejudgment..

e. to file an action to annul the judgment.

28. After a judgment has become final and executory, the following mayconstitute a remedy of the losing party. Which is the exception?

a. Petition for reliefb. Action to annul the judgmentc. Motion for a new trial or considerationd. Any of a or be. None of the above

29. Judgments of the Regional Trial Court rendered in the exercise of itsappellate jurisdiction may be assailed:

a. by ordinary appeal to the Court of Appealsb. by petition for review to the Supreme Courtc. by petition for review to the Court of Appealsd. by ordinary appeal to the Supreme Courte. by appeal by certiorari to the Supreme Court

30. At the commencement of the action or at any time before entry ofjudgment, a plaintiff or any proper party may avail of a remedy to secure thesatisfaction of the judgment that may be rendered by the court. This remedyis:

a. accion paulianab. accion reivindicatoriac. preliminary attachmentd. preliminary injunctione. replevin

31. Whenever conflicting claims upon the same subject matter are or may bemade against a person who claims no interest whatsoever in the subjectmatter, he may bring an action against the conflicting claimants to compelthem to litigate their several claims among themselves. This action is called:

a. declaratory reliefb. partition of claimsc. receivershipd. inter pleadere. none of the above

32. When a person is interested under a deed, will, contract or other writteninstrument and whose rights are affected by a statute, executive order orregulation, before the breach or violation thereof, may file a petition fordeclaratory relief in order:

a. to determine the effectivity of a statuteb. to seek for affirmative relief, specifically for damagesc. to seek for a declaration of the petitioners rights or dutiesd. to find ways to attack the constitutionality of an executive ordere. to determine the effectivity of a law


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33. When any tribunal board or officer exercising judicial or quasi-judicialfunctions has acted without or in excess of jurisdiction or with grave abuse ofdiscretion, amounting to lack or excess of jurisdiction, and the purpose is tohave the judgment or order of such tribunal board or officer annuled ormodified, the remedy available is:

a. certiorari under Rule 45b. certiorari under Rule 65c. prohibitiond. mandamuse. quo warranto

34. Real Evidence is addressed to -

a. the senses of the Courtb. the opinion of an expertc. the lawyer propounding the questiond. the clerk of court

35. A mere offer of compromise is admissible to prove-

a. civil liabilityb. criminal propensityc. criminal guiltd. negligence

36. A witness is allowed to refer to a memorandum to refresh his memory-

a. respecting a matter of lawb. respecting the opinion of an expertc. respecting a matter of fact recorded by his superiord. respecting a matter of fact he recorded a long time ago

37. Independent relevant evidence is admissible to -

a. to prove the truth of a factb. to prove the falsity of a factc. to convince the judge to decide the case in favor of a partyd. to show that a fact occurred whether it is true or not

38. The testimony of a single witness is -

a. never credibleb. is always crediblec. can be credible only if corroboratedd. may be believed even if not corroborated

39. When must an accused not under preventive detention be arraigned?

a. Within 30 days after the filing of the complaint or informationagainst 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 offensenecessarily included in the offense charged against him, if his offer to soplead is consented to by:

a. the public prosecutorb. the private offended partyc. the public prosecutor and the private offended party


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41. Leave of court is required for an amendment of a complaint or informationeven before the accused has been arraigned, if the amendment:

a. is of a substantial nature

b. upgrades the nature of the offense from a lower to a higheroffense

c. includes another accusedd. downgrades the nature of the offense from a higher to a lower

offense or excludes any accused

42. When is a preliminary investigation required?

a. In all cases regardless of the penalty for the offense charged.b. In cases where the penalty for the offense charged is below four

(4) years, two (2) months and one (1) day of prision correccional.c. In cases where the minimum penalty for the offense charged is

four (4) years, two (2) months and one (1) day of prisioncorreccional.

43. When is an order sustaining a motion to quash a bar to a prosecution forthe same offense?

a. If the ground thereof is lack of jurisdiction of the court over theoffense charged.

b. If the ground thereof is that the complaint or information chargestwo 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.

44. When is the authentication of a private document offered in evidence notrequired?

a. When it is offered as an authentic document.b. When it is more than 30 years old, produced from a custody in

which it would naturally be found if genuine, and is unblemishedby any alteration or circumstance of suspicion.

c. When it is less than 30 years old at the time of its presentation.

45. Which of the following is not correct? A party against whom a witnesstestified may impeach the latter by:

a. contradictory evidenceb. evidence that his general reputation for truth, honesty or integrity

is badc. evidence that he has made at other times statements inconsistent

with his present testimonyd. evidence of particular wrongful acts committed by the witness

46. When is the extra-judicial confession of an accused sufficient forconviction?

a. Even without corroboration thereof by evidence of corpus delicti.b. Only when it is corroborated by evidence of corpus delicti.c. Regardless of whether or not it is corroborated by evidence of

corpus delicti.

47. The written agreement between AA, a resident of Abra, and BB, aresident of Cagayan made before the suit, states that any suit involving thislot located in Nueva Ecija, shall be filed only in the proper court ofPampanga. Hence, the suit must be filed:


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a. in Abrab. in Cagayanc. in Nueva Ecijad. In Pampanga

48. The Regional Trial Court (RTC) affirmed the order of the Municipal TrialCourt (MTC) granting a motion to dismiss (MTD) on the ground that it has nojurisdiction over the subject matter of the case. Such subject matter is withinthe jurisdiction of the RTC. Hence, what should RTC do?

a. Must merely affirm the MTC order.b. Remand the case to the MTC for further proceedings.c. Must try the case on the merits as if the case was originally filed

with it.

49. In appeals by notice of appeal, when does the court lose jurisdiction overthe case?

a. Upon the perfection of the appeal of a party filed in due time.b. Upon the expiration of the time to appeal of the other parties.c. Upon the perfection of the appeal of a party filed in due time and

the expiration of the time to appeal of the other parties.

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 hisresponsive 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 therespondent?

a. By the service of summons upon himb. By the service of a copy of the petition on himc. Upon the service on him of the owner or resolution of the court of

appeals indicating its initial action on the petition or by hisvoluntary submission to the jurisdiction of the court of appeals.

52. When the court renders a judgment in a judicial foreclosure against thedefendant, when is the mortgaged property sold at public auction to satisfythe judgment?

a. After the decision has become final and executory.b. After the failure of the defendant to pay the judgment amount

within the period fixed in the decision which shall not be less thanninety (90) nor more than one hundred twenty (120) days fromentry of judgment.

c. The mortgaged property is never sold at public auction.

53. In an action for the recovery of personal property, at what stage of theproceedings may the plaintiff apply for an order for the delivery of suchproperty to him?

a. At any time during the trialb. After an answer has been filedc. At the commencement of the action but before an answer has

been filed.


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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.

55. What is NOT considered an original of a document:

a. An entry repeated in the course of business, one being copiedfrom another at or near the time of the transaction.

b. A carbon copy of an application formc. A document executed in triplicate at or about the same time with

identical contents.d. None of the above

56. All except one of the following is hearsay:

a. An affidavit of a witness to the execution of a document who wasnot presented as a witness in the trial.

b. The testimony of the owner of a building founded on the recordprepared according to the verbal statements of his employees.

c. The testimony of a complainant regarding text messages hereceived from a respondent.

d. The testimony of a police inspector that he was told by others that

there were several gambling houses in a town among them thedefendants.

57. All except one of the following is true with respect to confessions:

a. It is a categorical acknowledgment of guilt.b. It must always be express, never implied.c. It may be made by third persons and, in certain cases, are

admissible against a party.d. It may be made only by the party himself and, in some instances,

are admissible against his co-accused.

58. What is NOT allowed to happen in enforcing a foreign judgment in thePhilippines?

a. The court with which the action to enforce the foreign judgment isfiled takes judicial notice of the foreign judgment.

b. The party who files the action presents a certified true copy of thejudgment by the clerk of the court of the foreign tribunal thatrendered it.

c. The party who files the action presents a certification from thePhilippine diplomatic representative in the said foreign countrythat 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 thedeceased. He was seen wearing a bloodstained shirt. During hisinterrogation, A was not assisted by counsel. He admitted his guilt andshowed the knife he used to commit the crime. What piece of evidence isadmissible?

a. The bloodstained shirtb. The knife he used to commit the crimec. His extra-judicial confession


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d. None of the above

60. Z was charged with robbery with rape. He took the stand on his ownbehalf and testified on the alleged robbery. On what matters may theprosecution cross examine the accused?

a. Only matters touched upon by Z in his direct testimony.b. Matters involving the alleged rape.c. Matters involving Z and other relevant matters.d. All of the above

61. Which of the following is NOT a public document?

a. The written official acts, or records of the official acts of thesovereign authority, official bodies and tribunals, and publicofficers.

b. Documents acknowledged before a notary publicc. Public records, kept in the Philippines, of private documents

required by law to be entered thereind. Last wills and testaments

62. What is NOT a requisite in order for the Dead Mans Statute to beapplicable?

a. The witness is a party or an assignor of a partyb. The action is against an executor or an administrator of an estatec. The testimony should refer to any matter of fact which occurred

after the death of the deceased.

d. The subject matter of the action is a claim or demand against theestate of a deceased person.

63. Which of the following matters need to be proven by the parties to anaction?

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 factsbetween the parties.

c. Facts which are not subject to judicial notice.

d. Those admitted by any party.

64. An adverse partys witness may NOT be impeached by:

a. evidence that in the community where he resides, his generalreputation for truth, honesty or integrity is bad.

b. a prior inconsistent statementc. particular instances of immoral or wrongful acts, or improper or

unlawful conduct that the witness may have committed.d. Evidence of a prior conviction of an offense which may be proved

by eliciting an admission from the witness or by a record of hisconviction.

65. Who may NOT be excluded from the proceedings of a case?

a. Parties to the action or the accused in a criminal caseb. Expert witnessesc. Rebuttal witnessesd. All of the above

66. Which of the following statements is correct?


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a. It is the duty of the judge to rest his findings of facts and hisjudgment only and strictly upon the evidence offered by theparties at the trial.

b. It is the duty of a party to select the competent from theincompetent 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 rejectthe other parts.

d. All of the above

67. Which statement refers to corpus delicti?

a. It is the body or substance of the crime.b. It is the fact that a crime has actually been committed.c. It is the actual commission by someone of the particular crime

charged.d. All of the above

68. Which of the following is NOT a requisite for the admissibility of a dyingdeclaration?

a. The declaration relates to the facts or circumstances pertaining tothe fatal injury or death.

b. The declarant is dead.c. The declaration is made in connection with a startling occurrence.d. The declarant would have been competent to testify had he

survived.

69. All criminal actions shall be commenced by:

a. complaintb. informationc. preliminary investigationd. a or b

70. A holographic will which is contested may be allowed when itsauthenticity is proven by:

a. one (1) witness who saw the testator write and sign itb. two (2) witnesses who saw the signing thereofc. three (3) witnesses who declare that they saw the testator sign itd. three (3) witnesses who know the handwriting of the testator

explicitly declare that the will and the signature thereon are in thehandwriting of the testator

71. In a rape case, jurisdiction is conferred by:

a. lawb. complaint of offended partyc. information filed by the Prosecuting Officerd. all of the above

72. The public prosecutor need not be present during the trial of a criminalcase in the Regional Trial Court:

a. when there is a private prosecutorb. when he has turned over the active conduct of trial to the private

prosecutorc. he should always be present unless the chief of the prosecution

office or the regional state prosecutor has authorized the private


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prosecution in writing to prosecute the case subject to theapproval of the court

d. when he has lost controls of the prosecution

73. The signature of counsel in the pleading constitutes a certification that:

a. his client had read the pleading and certifies to the accuracy of thematerial allegations therein.

b. his client had read the pleading and that to the best of the clientsknowledge, information and belief, there is good grounds tosupport it and not interposed for delay.

c. he has read the pleading, that to the best of the clientsknowledge, information and belief, there is good grounds tosupport 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 fordelay.

e. that both client and counsel have read the pleading, that to thebest of their knowledge, information and belief there are goodgrounds to support it and that it is not interposed for delay.

74. The rule that a complaint or information must charge only one offense isabsolute.

a. Trueb. 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 differentparticipations in the commission of the crime.

75. Which of the following statements does not conform with existingprocedural concepts?

a. Errors of jurisdiction are normally correctible by certiorari whileerrors of judgment are correctible by appeal.

b. Jurisdiction over the plaintiff is acquired by the filing of thecomplaint, 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 ofthe parties.

e. Jurisdiction over the rest is acquired by the actual or constructiveseizure by the court of the thing in question, placing the sameunder the custody of the court.

76. If any of the defendants does not reside and is not found in thePhilippines, and the action affects the personal status of the plaintiff, theaction may be commenced and tried:

a. in the court of the place where the defendant may be foundb. in the court of the place where the plaintiff residesc. in the court of the place where the defendant formerly residedd. in the court of the place of birth of the plaintiff

77. During the trial of a damage suit, Mr. DD, defendant, introduced evidenceon a matter not raised in the pleadings of the parties. Mr. PP, plaintiffpromptly objected on the ground that the evidence concerns a matter not inissue. Under the circumstances:

a. the court has no alternative but to sustain the objection


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b. the court must overrule the objection and treat the issue as if ithad been raised in the pleadings

c. the court must order the amendment of the pleadings to conformto the evidence and grant a continuance to enable theamendment to be made.

d. the court in its discretion may allow amendment of the pleading ifdoing so would serve the ends of substantial justice.

e. the court may order the striking out of an allegation which doesnot conform to the evidence.

78. Evidence beyond reasonable doubt -

a. is the same as preponderance of evidenceb. is the equivalent of substantial evidence in administrative casesc. must be absolutely certain to convictd. must be morally certain, otherwise the accused is entitled to

acquittal

79. A petition for adoption may be filed in the Regional Trial Court of

a. the place where the adopter residesb. the place where the adoptee residesc. the place where the adoptee was bornd. the place where the birth of the adoptee was recovered

80. Habeas Corpus is not the proper remedy to secure the release of aperson detained pursuant to:

a. a warrantless arrestb. a warrant of arrestc. a warrant of arrest issued on the basis of an information charging

an offense which has already prescribed.d. his voluntary surrender

81. In a case for alleged drug-pushing, evidence of:

a. the buy-bust money is indispensableb. the confidants testimony who accompanied the poseur-buyer is

necessary

c. the drugs subject of the case is indispensabled. the testimony of the chemist who examined the alleged drugs is

indispensable

82. The petition for the voluntary recognition of a minor natural child may befiled only by:

a. the childb. the mother of the childc. the father of the childd. the child or his parente. none of the above

83. The following pleadings are allowed under the Rules on SummaryProcedure, except a:

a. complaintb. answer to the complaintc. cross claimd. compulsory counterclaime. reply

84. Quo warranto proceedings may be brought against the following, except:


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a. a public officer who usurps, intrudes, or unlawfully holds a publicoffice

b. a public officer who refuses to assume a public office becausesomeone has usurped his position

c. a public officer who commits an act which constitutes a ground for

the forfeiture of his officed. a corporation which acts as a corporation without legal authority to

acte. None of the above

85. Mr. PP files a complaint against Mr. DD. The latter failed to answer withinthe reglamentary period.

a. The court may motu propio declare the defendant in default forviolation of the rules as long as the defendant is notified.

b. The court may thereupon render judgment granting the claimantthe relief prayed for.

c. The court may direct the defendant to answer so the issues maybe joined.

d. The defendant is ipso facto in default.e. The defendant may be declared in default upon motion of the

claiming party and upon proof of the defendants failure to answer.

86. When the criminal action has already been instituted, an application forsearch warrant shall be filed in the:

a. Court within whose territorial jurisdiction a crime was committed.b. Court where the criminal action is filed.

c. Court within the judicial region where the crime was committed ifthe place of the commission of the crime is known.

d. Court where the criminal action is pending.

87. All of the following statement are true, except:

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 befiled 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 orby certiorari before judgment

d. Both B and C

88. Which of the following statement is correct?

a. Even the counsel for the accused or prosecutor does not appearat the pre-trial conference, they are not required to offer anacceptable excuse for his lack of cooperation.

b. Warrant of arrest is valid only for ten days while a search warrantdoes not expire.

c. No bail shall be allowed after a judgment of conviction hasbecome final even the accused applies for probation.

d. The accused may, before arraignment, move for a bill ofparticulars.

89. When is the accused allowed to file motion to quash?

a. At any time before arraignmentb. Within 10 days after the accused has entered his pleac. At any time before the judgment become finald. After the accused has entered his plea


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90. The following are allowed to conduct preliminary investigations except:

a. Provincial or City Prosecutor and their assistants.b. Judges of Municipal Trial Courts and Municipal Circuit Trial Courtsc. National and Regional State Prosecutors

d. Special prosecutors of the Ombudsman

91. Bail is a matter of right under the following conditions:

1. In MTC, MTC in Cities, MCTC before or after convictions2. In RTC, after conviction if the penalty imposed is not more than six

(6) years3. In RTC, before conviction of an offense not punishable by death,

reclusion perpetua or life imprisonment.

Which of the following conditions are correct?

a. Statement No. 1 onlyb. Statement No. 2 onlyc. Statement No. 3 onlyd. Both statement No. 1 and 3

92. Which of the following are the proper grounds that the court shouldconsider in order to properly grant a new trial in a criminal case?

a. Errors or mistakes of counselb. Errors of law or irregularities prejudicial to the substantial rights of

the accused

c. New and material evidence has been discovered which theaccused could not with reasonable diligence have discovered andproduced at the trial

d. Both B and C

93. An accused in a rape case was convicted by the Regional Trial Court ofManila and the death penalty was imposed upon him. The judgment shall bereviewed by the:

a. Supreme Courtb. Court of Appeals

c. The same Regional Trial Courtd. Department of Justice

94. Which of the following statements are true and correct?

a. Any amendment before plea, which downgrades the nature of theoffense charged or excludes the accused from the complaint orinformation can be made only upon motion of the prosecutor,even without notice to the offended party and without leave ofcourt.

b. If it appears at the time before judgment that a mistake has beenmade in charging the proper offense the court shall automaticallydismiss the complaint or information filed.

c. The venue of criminal prosecution may be waived same as thevenue in civil action.

d. The offended parties are allowed to intervene by counsel in theprosecution of the offense when the civil action is instituted in thecriminal action.

95. Which of the following is not a right of an accused?

a. To be presumed innocent.b. To be present and defend in person and by counsel at all times.


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c. Allow conference or visits by any members of his immediatefamily, priest or any religious organization, any medical doctors,members of national and international non-governmentalorganization accredited by the Commission on Human Rights andthe 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 withleave of court. Hence, the accused:

a. Loses the right to present his evidenceb. Does not lose the right to present his evidencec. Can be compelled by the court to present his evidenced. Has the option whether to present or not his evidence.

97. The civil action which was reserved arose from the delict and not fromarticles 32, 33, 24, and 2176, new civil code. It may be filed by the offendedparty:

a. At any timeb. After the judgment in the criminal action has become final

regardless of whether the accused was acquitted or convictedc. 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 acomplaint or information by downgrading the offense or excluding anaccused therefrom:

a. Without leave of courtb. With leave of courtc. The consent of the accused

99. An order granting a motion to quash is a bar to another prosecution forthe same offense if the ground thereof is:

a. The court has no jurisdiction over the person of the accusedb. The officer who signed the complaint or information has no

authority to do soc. The criminal action or liability has been extinguished

100. In the court of appeals:

a. The accused has no right to move for new trialb. The accused has a right to move for a new trial on any groundc. The accused may file a motion for new trial based on one ground

newly discovered evidence.

101. The effect of the reversal on appeal of an order granting a demurrer toevidence is that:

a. The defendant loses the right to present his evidenceb. The defendant does not lose his right to present his evidencec. He loses his right to present his evidence only if he did not make a

reservation to present his evidence in case of a denial of hisdemurrer to evidence.

102. A dismissal of the complaint as a result of a preliminary hearing on theaffirmative defense pleaded in the answer has the following effects on thecounterclaim pleaded in the answer:

a. The counterclaim is dismissedb. The counterclaim is not dismissed


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c. The counterclaim can be prosecuted only in the same case.

103. The pendency of a special civil action under rule 65 produces thefollowing 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 injunctionissued against the public respondent.

c. The court trying the principal case has no discretion to postponethe hearing thereof to await the decision in the special civil action.

104. The mode of appeal from a decision of the Regional Trial Court renderedin the exercise of its appellate jurisdiction is by:

a. A notice of appeal filed with the Regional Trial Courtb. Petition for review on certiorari under Rule 45c. Petition for review under Rule 42

105. A final and executory judgment may be enforced by motion:

a. Within 15 days from the entry thereofb. Within 10 years from the entry thereofc. Within 5 years from the entry thereof

106. A writ of attachment may be issued against a party as security for thesatisfaction of any judgment that may be recovered in the following cases:

a. An action for the recovery of moral and exemplary damagesb. In any action regardless of its naturec. In an action for a specified amount of money other than for moral

or exemplary damages, arising from contract, quasi-contract,delict or quasi-delict, against a party who is about to depart fromthe Philippines with intent to defraud his creditors.

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 perfectedor before the judgment becomes executory.

b. Only in a separate action against the party who secured the writ ofattachment.

c. Only after the judgment has become final and executory.

108. The lifetime or effectivity of a temporary restraining order issued by a trialcourt can be extended, after the expiration thereof:

a. By order of the courtb. By agreement of the partiesc. Can never be extended

109. Where the court declared that the person who has been giving supportpendente lite to a recipient is not liable therefore:

a. The recipient who returned the amounts of support pendente litecannot recover such amounts from anyone.

b. The recipient who returned such amounts can recover themagainst the person legally obliged to give him the support in aseparate action.


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c. The recipient who returned such amounts can recover themagainst the person legally obliged to give him the support in thesame case wherein support pendente lite was ordered.

110. In Inter-pleader, a motion to dismiss:

a. Is not allowed to be filed by the defendants.b. Is permitted only on any of the grounds specified in Section 1,

Rule 16.c. Is permitted only on any appropriate ground specified in Section 1,

Rule 16 and on the ground of the impropriety of inter-pleader.

111. The defendant appeals from a decision of the Regional Trial Court (RTC)affirming a decision of the Municipal Trial Court (MTC) ordering thedefendant 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 andexecutory.

112. The Court of Appeals may annul the judgment of the Regional Trial Courton the ground that:

a. The RTC decision resulted from an intrinsic fraud.b. The RTC had no jurisdiction over the person of the defendant

c. The RTC had no jurisdiction over the subject matter of the case orthat the decision resulted from extrinsic fraud.

113. In the Court of Appeals, a party who appealed from a decision in a civilcase:

a. Has no right to file a motion for new trialb. May file a motion for new trial on the ground of fraud, accident,

mistake, or excusable negligence which ordinary prudence couldnot have guarded against and by reason of which he has beenprobably impaired in his rights.

c. May file a motion for new trial on the ground of newly discoveredevidence which he could not, with reasonable diligence, havediscovered and produced at the trial and which if presented wouldprobably alter the result.

114. In an original action filed in the Court of Appeals, jurisdiction over theperson of the respondent is acquired:

a. By the service of summons upon him in accordance with Rule 14.b. By the service of the copy of the petition upon him by the

petitioner.c. By the service upon him or the order of resolution of the Court of

Appeals indicating its initial action on the petition or by hisvoluntary submission to such jurisdiction.

115. The doctrine of primacy of the criminal action, which provides that civilaction is thus suspended in whatever stage it may be found upon the filing ofthe criminal action, accepts certain exceptions. Which of the following areamong those exceptions?

a. In cases of independent civil actionb. In cases where the civil action presents a prejudicial questions


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c. When the act or omission from which civil liability may arise didnot exist

d. Both a and be. All of the above

116. What is the nature of the right to preliminary investigation?

a. Inquisitionalb. Personalc. Alternatived. Both a and be. All of the above

117. Which of the following instances will operate as waiver of the right topreliminary investigation by the accused?

a. If the accused fails to ask for preliminary investigation after beingaware for more than five (5) days that the case had been filed incourt.

b. Where the accused posted a bondc. Failure to claim it before the accused pleadedd. Both a and ce. All of the above

118. For instance, the provincial or city prosecutor promulgated an unfavorableresolution of the case, where can be accused file a petition for review of thesaid resolution?

a. Office of the Presidentb. Metropolitan Trial Courtc. Regional Trial Courtd. Department of Justicee. None of the above

119. An escaped prisoner, then armed with a bamboo lance, was asked by apoliceman to surrender, refused to do so and instead answered the latter witha stroke of his lance, the policeman in pursuing the prisoner fired his revolverand caused the death of the prisoner. Is the act of the policeman on resortingto extreme means will always be justified?

a. Yes, since an arresting officer is required to act within theperformance of his duty, he must stand his ground and cannot, like aprivate individual, take refuge in fight; his duty requires to overcomehis opponent.

b. No, it was provided under the Rules of Court that no violence orunnecessary force shall be used in making an arrest. Such provisionaccepts no exception.

c. It depends, the reasonableness of the force employed by the arrestingofficer must be adjudged in the light of the circumstances as theyappeared to the officer at the time he acted, and the means isgenerally considered to that which ordinary prudent and intelligentperson with the knowledge would have deemed necessary under thecircumstances.

120. As a rule a private person making an arrest should notify the personarrested of his purpose and acquaint him with the cause of the arrest,however this rule accepts certain exceptions. Which of the following arethose exceptions?

a. Where the arrest is made at the time the offense is committed forattempted or on fresh pursuit;


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b. When the giving of such information is largely impracticable, as whenhe forcibly resists before the person making the arrest has theopportunity 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 theaccused?

a. Statutory rightb. Absolute rightc. Personal rightd. Both a and ce. All of the above

122. It is one of the modes of discovery in criminal cases especially given tothe accused, the purpose of which is to prevent surprise, suppression, oralteration of any written statements given by the complainant and the otherwitnesses in any investigation of the offense conducted by the prosecution orany other investigating officers:

a. Production or inspection of evidence in the possession of theprosecution

b. Suspension of arraignmentc. Presentation of bills of particulard. Appointment of counsel de officioe. Informing the accused of all the rights he can availed of

123. When is a provisional dismissal become permanent with respect to theoffenses punishable by imprisonment of more than six (6) years?

a. One (1) year after issuance without the case having been revivedb. Two (2) years after the issuance without the case having been revivedc. Fifteen (15) days after the issuanced. Thirty (30) days after notice to the accusede. None of the above

124. In a case involving the question of whether the plaintiff E had resignedfrom 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 diaryentries of Es personal secretary, F. In his diary, F indicated that E had toldhim (F) that he (E) intends to resign and had performed acts preparatory toleaving office. In his motion for reconsideration, E questioned the trial courtsreliance on newspaper reports of Fs diary entries as these are not propersources to justify its ruling. Is Es contention correct?

a. Yes, because newspaper reports are mere secondary sources whichhave no probative value;

b. No, because although secondary sources, newspapers reports can beused to establish facts;

c. Yes, because if the trial court wanted proof on Es intention, it shouldhave used resources based on Es acts, not on what someone elseheard or saw;

d. No, because being Es personal secretary, F could not have liedregarding Es intention to resign.

125. Tender of excluded evidence can be made:

a. Only during the direct examinationb. Only during the cross examinationc. At any stage of the examination of a witnessd. None of the above


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126. The testimony of a child witness:

a. Is admissible even if hearsayb. Is not admissible if hearsay

c. Is sufficient to convict an accused even if hearsayd. Is admissible only after his competency is established

127. A Xerox copy of a document:

a. Is admissibleb. Could be admissiblec. Never admissibled. Has a probative value

128. Evidence of bad moral character in a rape case is:

a. Is admissible against a 16-year old girlb. Is admissible against a 19-year old girlc. Is admissible against a 16-year old girl if relevant and material to the

issued. Is admissible against a 19-year old girl if relevant and material to the

issue

129. Evidence to be credible must:

a. come from credible lips aloneb. Be incredible in itself

c. Come from credible lips and must be credible in itselfd. Come from a child

130. In resolving a motion to quash, the court shall consider no ground otherthan those stated therein except:

a. Double jeopardyb. Extinction of the criminal actionc. Extinction of the criminal liabilityd. Lack of jurisdiction over the subject matter or offense charged.

131. Where the criminal action has already been filed in the proper court, theapplication for the issuance of a search warrant for the seizure of theinstrument used in the commission of the crime may be filed in:

a. Any Court in the province where the instrument is kept.b. The proper Court where the criminal action has been filed or is

pendingc. Any Court in the Judicial region where the crime was committedd. In any Court within the Judicial Region where the accused resides

132. A money claim against the estate of a decedent which is not filed withinthe period fixed in the NOTICE to creditors to file their claims:

a. Is forever barredb. 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.

133. Where the estate of a resident is escheated:


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a. His personal properties shall be assigned to the municipality or citywhere they are located.

b. His real properties shall be assigned to the municipality or city wherehe last resided.

c. All his personal and legal properties shall be assigned to the province.

d. His personal properties shall be assigned to the municipality or citywhere ha last resided and his real properties to the municipality or citywhere they are located.

134. One of those actions cannot be brought against an executor oradministrator:

a. To recover real or personal property from the estate of the decedentb. To enforce a lieu or such real or personal properties.c. To recover damages for an injury to person or propertyd. To recover money, debt or interest therein from the estate of the

decedent.

135. The order fixing the date and time of the hearing of the petition forguardianship or a minor or incompetent residing in the Philippines:

a. Must be published in a newspaper of general circulation in theprovince where the minor or incompetent resides for (3) consecutivesweeks prior to the hearing.

b. Must be published in a newspaper of general circulation in theprovince where the petitioner resides for three (3) consecutive weeksprior to the hearing.

c. Must be published in a newspaper of general circulation in thePhilippines for three (3) consecutive weeks prior the hearing.

d. Is not required to re published in any newspaper

136. A judgment on the pleadings:

a. May aware all the reliefs prayed for in the complaint, regardless oftheir nature

b. May not aware the claims for attorneys fees and actual damagesin any event.

c. May award claims for attorneys fees and actual damages at thediscretion of the Court.

d. May award claims for attorneys fees and actual damages if there

is evidence adduced by the plaintiff in support thereof.

137. One of these statements is not correct: A party may impeach his ownwitness by-

a. Contrary evidenceb. Evidence that his general honesty, integrity and truth is badc. Evidence of his bad characterd. Evidence of his having been convicted of all offense

138. A second Motion for New Trial in a civil action:

a. Is never allowedb. Allowed only if the ground thereof was not yet existence when the

first motion for New Trial was filed.c. Allowed on any groundd. Is allowed only at the discretion of the Court

139. One of these statements is not correct: The parol evidence rule-

a. Applies only to written agreements and wills.b. Applies only to the parties thereto and their successors-in-interest.


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c. Does not apply to a party to a suit who is not a signatory or whodoes not derive a right from such signatory to the writtenagreement or will.

d. Applies to all parties to a suit regardless of whether they areparties or not to or derive their right under a written agreement or

will involved in the suit

140. Choose from among the grounds below for dismissal of petition forcertiorari the ground which will which sustain the issuance of writ of certiorari.

a. If it is patently without merit.b. If the act complained of was committed with grave abuse of

discretion amounting to lack or excess of jurisdiction.c. If the questions raised are too insubstantial to require

consideration.d. If it is prosecuted manifestly for delay.

141. A judgment or final order or resolution of the Commission on Elections orCommission on Audit may be brought by the aggrieved party to the SupremeCourt on certiorari under Rule 65 (Section 2, Rule 64 of the Revised Rules ofCourt). Assuming upon receipt by the aggrieved party of the decision of theComelec on December 15, 2006 the aggrieved party files a motion forreconsideration of the decision. The motion for reconsideration was deniedper resolution of the Comelec, a copy of which was received by aggrievedparty today.

Within what time should the petition be filed by the petitioner with theSupreme Court? It should be filed within:

a. The fresh period of 30 (30) days reckoned from receipt of thedenial resolution:

b. The fresh period of twenty (20) days reckoned from receipt of thedenial resolution:

c. The fresh period of fifteen (15) days reckoned from receipt of thedenial 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 thepremises but the former refused to vacate despite the expiration of fifteenday notice to vacate on December 31, 2005. Your services were engagedtoday by Y to enforce his right. What action would you file?

a. I would file an action for recovery of possession of the propertywith the RTC of the place where the property is dispute is located.

b. I would file an action to quiet the title of my client with the RTC ofthe place where the property is located, plus damages.

c. I would file an action for unlawful detainer with the MTC of theplace where the property is located, damages and prayer forissuance of the preliminary mandatory injunction in order tocompel Y to vacate the premises.

d. I would file an action for forcible entry with MTC of the placewhere the property is located with prayer for the issuance ofpreliminary mandatory injunction in order to compel Y to vacatethe premises.

143. X was furnished a copy of the decision on December 10, 2006 he filed amotion for new trial on December 17, 2006. On December 22, 2006, themotion was denied and X received a copy of the order on December 28,2006. When X shall take his appeal? Why?


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It must be observed that December 10, the day X received a computation ofa period (Art. 13, New Civil Code). December 17, 2006, the day when hefiled a motion for new trial, should not likewise included in the period as thefirst is excluded and the last day included January. The period to run againon December 28, 2006 Therefore:

a. X should take his appeal on or before January 3, 2007.b. X should take his appeal on or before January 4, 2007.c. X should take his appeal on or before January 5, 2007.d. X should take his appeal on or before January 6, 2007.

144. When may a final order be deemed to be not determining the merits of acase?

a. When the final order has been in writing, personally or directlyprepared by the judge.

b. When the final order states clearly and distinctly the facts and thelaw on which is based, signed by the judge and filed with the clerkof court.

c. When the final order considers and determines the rights of theparties as those rights presently exist, upon matters submitted inan action or proceeding.

d. When the final order was signed by the judge personally and filedwith the clerk of court but does not state the reason or basistherefore.

145. Choose one effect from the following which does not arise or result fromthe filing of demurrer to evidence.

a. The defendant does not waive his right to offer evidence in theevent his motion was denied.

b. When the accused filed demurrer to evidence without expressleave of court, he waives his right to present evidence and deniesthe motion dismiss, the accused may adduce evidence in hisdefense and submits the case for judgment on the basis of theevidence of the prosecution.

c. If the motion is granted and the order of dismissal is reversedupon appeal, the movant loses the right to present evidence onhis behalf.

d. In case of reversal, the appellate court shall render judgment forthe plaintiff based on the evidence alone.

146. Of the four instances below, choose one when injunction is not proper:

a. To restrain the threatened enforcement of an invalid law.b. In an action to compel a spouse to cohabit with the other.c. In a petition to relief from judgment.d. In an action to restrain a criminal prosecution under an

unconstitutional statute.

147. Choose the judicial proceeding below in which a writ of habeas corpuscan not be availed of as consequence thereof:

a. Where there has been deprivation of a constitutional rightresulting in the restraint of a person.

b. Where an excessive penalty has been imposed, such sentence isvoid as to such excess.

c. Where the petitioner has been unable to establish by evidence tobe entitled to the custody of the minor on account of mistakenidentity.

d. Where the lower court had no jurisdiction to impose the sentence.


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148. An appeal in habeas corpus case shall be perfected by filing the notice ofappeal with the clerk of court or judge who rendered the judgment within:

a. 15 days from notice of judgment.b. 30 days from notice of judgment.

c. 5 days from notice of judgment.d. 48 hours from notice of judgment.

149. Who may not grant a writ ofhabeas corpus?

a. Any Regional Trial Court judge.b. The Court of Tax Appeals or any member thereof.c. The Court of Appeal or any member of thereof.d. The Supreme Court or any thereof.

150. The Sandiganbayan:

a. Has no jurisdiction over petitions for prohibition, certiorari ormandamus.

b. Has jurisdiction, if it is in an aid of its Appellate Jurisdiction.c. Has jurisdiction regardless of whether it is in aid of its appellate

jurisdiction or not.

151. A petition for review on certiorari filed with the Supreme Court:

a. May include an application for a writ of preliminary injunction only.b. May include an application for a unit of preliminary injunction or other

provisional remedies.

c. May not include an application for any provisional remedy.

152. The Trial Court, Court of Appeals, the Sandiganbayan or the Court of TaxAppeals, 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 specifiedperiod from the date of the issuance of the unit.

b. Is required to decide the main case or petition within thirty (30) daysfrom 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, hispersonal estate is assigned:

a. To the municipality where he last resided.b. To the municipality where it is located.c. To any municipality at the discretion of the court.

154. The unjustified absence of the plaintiff from a hearing is ground for thedismissal of his action, if the hearing is:

a. From the presentation of the evidence in chief on his complaint.b. For the hearing of his rebuttal evidence.c. For the presentation of the evidence of the adverse party.

155. In an expropriation proceeding, the plaintiff can enter upon and takepossession of the property subject matter of the case:

a. Only if the decision therein is favorable and executory.b. Only after such decision has become final and executory.


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c. Only before any appeal has been taken from such favorable decision.d. At any stage of the proceeding before the rendition of the decision by

reposting with the authorized government depositary and amountequivalent to the assessed value of the property, or in lieu thereof, acertificate of deposit of government bank of the Republic of the

Philippines payable on demand to the authorized governmentdepositary.

156. In a foreclosure of real estate mortgage proceeding, the Equity ofRedemption over the foreclosed property:

a. Does not exist.b. May be exercised at any time after the sale of the foreclosed property.c. May be exercised only before the confirmation of sale.

157. When a defendant is validly declared in default, the court may render adecision 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 isthe one which has jurisdiction over the:

a. Place of residence of the respondent or any of the respondents.b. Place of residence of the aggrieved party only.c. Place of residence of the petitioner who is not aggrieved party.

d. Place where the threat, act or omission was committed or any of itselements occurred.

159. While R was walking along a deserted street in Esperanza, Agusan delSur, a heavily tinted van stopped behind him and five armed, masked menalighted from the vehicle. The men grabbed R, threw him inside the van,blindfolded him and tied his hands behind his back. The van proceeded toCagayan De Oro City, passing by Agusan del Norte. In Cagayan de Oro, thegroup transferred to another van and went up to Malaybalay, Bukidnon. Uponarriving in Malaybalay, the group met someone who, after confirming Rsidentity, gave a thick wad a peso bills to the groups leader, T. Using a

handgun, T shot R five times at the back, instantly killing him. What crime/swas/were committed and when court/s have jurisdiction over the case/s?

a. The crime committed was Kidnapping with Murder and the RTCs ofEsperanza, Agusan del Norte, Cagayan de Oro and Bukidnon haveconcurrent jurisdiction over the case.

b. The crime committed was Murder and the RTCs of Esperanza,Agusan Del Norte, Cagayan de Oro and Bukidnon have concurrentjurisdiction over the case.

c. The crime committed was Kidnapping with Murder and the RTC ofEsperanza has exclusive jurisdiction over the case.

d. The crime committed was murder and the RTC of Bukidnon hasexclusive original jurisdiction over the case.

160. N, a barangay tanod, also moonlights as driver of cargo forwarder,transporting goods and materials to and from the Manila South pier. Onenight, while driving one of the employers cargo trucks to the pier, N met aroad mishap resulted in the opening of some of the crates in the trucks cargohold. Upon inspection, N noticed that crates contained bags of white powderysubstance. Suspecting the substance to be shabu, N immediately called akumpadre narcotics agent who took possession of the cargo for laboratoryexamination. The cargo was confirmed to be shabu. The shabus shipper, M,was tracked and prosecuted for illegal possession of shabu. During the trial.


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M moved to suppress the shabu on the ground that they were the product ofan unreasonable warrantless search, As Judge, would you exclude theevidence?

a. Yes the search was unreasonable because N, a barangay tanod, is a

government agent thus he should have first secure a warrant.b. No, the warrantless search was valid under the plain view doctrine.

Supported by Ns reasonable suspicion that the white powderysubstance was shabu.

c. Yes, there was no probable cause to conduct a warrantless search,as shown by the fact N had to call a narcotics agent kumpadre todetermine if the spilt cargo was prohibited substance.

d. No, N search the cargo as a private citizen thus, he can do so evenwithout a warrant.

161. While patrolling an area known for high incidence of drug relatedoffenses, Sgt. Matalis-mata and Sgt. Bilis-takbo came upon a group of fiveteenagers standing in the curb, near a parked car. Upon seeing the patrolcar, the five teenagers scampered in all directions. Sgt. Bilis-takbo quicklyalighted from the vehicle and chased the nearest teenager, H, Sgt. Bilis-takbo shouted at H to stop but H continued running. Upon rounding a corner,H threw away something. Sgt Bilis-takbo, who was hot on Hs heels scooped-up the object, and continued the chase. Eventually, Sgt. Bilis-takbo overtookH and patted him down. No weapons or incriminating evidence were found.However, upon examination by the crime lab, the object H threw on thesidewalk turned out to be crack cocaine. During his trial for illegalpossession of prohibited substance, H objected to the admission of the crackcocaine. As judge would you admit the evidence?

a. Yes, the search was validly done incident to the warrantless arrestbased on probable cause arising from the suspects suspiciousconduct in running away upon seeing the police car.

b. No, the search was illegal because there was no valid arrest. Thesuspects 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 wasarrested rendering the rules on valid search and seizure inapplicable.

d. No, the evidence should be suppressed because the suspect waseffectively already under the policemans control, yet there was no

probable cause to effect the arrest.

162. Z, who was charge with Murder, applied for bail. After the bail hearing,the Regional Trial Court of Dumaguete (RTC) found that the evidenceagainst Z is strong thus it denied his bail application. However, after trial, theRTC Dumaguete found Z guilty of Homicide only and sentenced him to anindeterminate term of eight years and one day of prison mayor, as minimum,to fourteen years and eight months of reclusion temporal, as maximum andcancelled Zs bail. Z had filed a notice of appeal to the Court of Appeals. Hewants 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 renderedjudgment against him.

b. Z should apply for bail in the CA as he had filed a notice of appeal ofa conviction for a bailable offense.

c. Z should apply for bail in the RTC Dumaguete which retains residualjurisdiction over the case for purposes of granting bail pendingappeal.

d. Z should apply for bail in the CA as the trial court had lost jurisdictionover the case upon the filing of Zs appeal.

163. After receiving tips that marijuana shrubs are being grown in a compoundinside a subdivision, Sgt. Liit, a narcotics agent specializing in marijuana


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horticulture, checked-out the place. To his dismay, Sgt. Liit a narcoticsdiscovered 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 higherelevation, Sgt. Liit saw in one corner of the compound a green house wheremeter-high , marijuana like shrubs were being grown. Sgt. Liit went down the

tree. Knocked on the compounds gate, introduced himself to the lonecaretaker, went inside the compound and uprooted some of the shrubs. Uponexamination by the crime laboratory, the shrubs were confirmed to bemarijuana. In the hearing to suppress the evidence, the prosecutioncontended that Sgt. Liit seized the evidence under the plain view doctrine, isthis contention tenable?

a. Yes, because it was immediately apparent to Sgt. Liit, a marijuanahorticulturist, that the shrubs were marijuana.

b. No, because the shrubs were not in plain view as Sgt. Liit had toclimb a nearby tree to see them.

c. Yes, because Sgt. Liit, upon seeing the shrubs, had probable causeto believe that they were marijuana.

d. No, because Sgt. Liit had to enter the compound in order to obtain asample of the marijuana.

164. Is a mandatory file search of laptops of departing passengers at airports(that is, the activation of laptops and the random opening of any of its files)reasonable?

a. Yes, because the search is just pro-forma and there is reducedexpectation 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 governments interest in monitoring cases of

violation of anti-piracy and pornographic laws is paramount over thepassengers right to privacy.

d. No, because the governments interest in instituting screeningmeasures in transportation hubs such as airports and terminalsrelates to ensuring the safety of passengers, not crimes the evidencefor which may be found in laptops.

165. Can Department of Justice prosecutors conduct preliminary invitation of acomplaint 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 investigatorypowers.

b. No, because the Ombudsman has exclusive original jurisdiction toinvestigate public officials and employees.

c. Yes, because the DOJ prosecutors and the Ombudsman exerciseconcurrent 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 Section3(e) of Republic Act No. 3019 (Anti Graft and Corrupt Practices Act) wherethe defendants are a city mayor (salary grade 27), the city tourism operationsofficer (salary grade 11) and a computer operator (salary grade 9)?

a. The proper Regional Trial Court since two of the respondents areofficials with salary grade 27.

b. The Sandiganbayan for the city mayor (salary grade 27) and theproper 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 withsalary grade 27.


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d. The Sandiganbayan of the proper Regional Trial Court, depending onwhich court first acquires jurisdiction over the case.

167. Can a prosecutor conducting a preliminary investigation require theparties to submit a draft Resolutions for their respective positions (that is, for

the complaint, a Resolution dismissing the complaint for lack of probablecause) either of which he will just adopt, depending on his evaluation of thecase?

a. Yes, nothing in the Revised Rules of Criminal Procedure prohibitssuch a procedure.

b. No, as this will allow the parties to exert undue influence on theprosecutor.

c. Yes, as this will result in the prompt resolution of preliminaryinvestigations.

d. No, because the prosecutor should personally determine whetherthere is probable cause to try the accused.

168. A party who has suffered damages due to the issuance of an improperirregular or excessive attachment against him may claim such damages:a. Only after the judgement has become final executoryb. 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 thejudgment becomes executory.

169. Who may not grant a writ of habeas corpus?

a. Any Regional Trial court judgeb. The court of tax appeals or any members thereofc. The court of appeals or any member thereofd. The Supreme Court or any member thereof

170. If any of the defendants does not reside and is not found in thePhilippines, and the action affects the personal status of the plaintiff, theaction may be commenced and tried:

a. in the court of the place where the defendant ,may be foundb. in the court of the place of birth of the plaintiff

c. in the court of the place where the defendant formerly resided.d. in the court of the place where the plaintiff resides.

171. Choose from among the grounds below for the dismissal of the petitionfor certiorari the ground which will sustain the issuance of writ of certiorari.

a. if it is patently without meritb. if the act of was committed with grave abuse of discretion amounting to

lack or excess of jurisdictionc. if the questions raised are too insubstantial to require consideration; ord. if it is prosecuted manifestly for delay

172. The mode appeal from the decision of the Regional Trial Court renderedin 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 fromthe filing of demurrer to evidence.

a. The defendant does not waive his right to offer evidence in the eventhis motion is denied.


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b. In case of reversal, the appellate court shall render judgement forthe plaintiff base on the evidence alone.

c. If the motion is granted and the order of dismissal is reversed uponappeal, 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 andsubmits the case for judgement on the basis of the evidence of theprosecution.

174. When may final order be deemed to be not determining the merits of acase?

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 basisthereof.

c. When the final order considers and determines the rights of theparties as those rights which presently exist, upon matterssubmitted in an action or proceeding.

d. When the final orders states clearly and distinctly the facts and thelaw on which it is based, signed by the judge and filed with theclerk of court.

175. X sued Y who is in answer generally denied the material allegations inthe complaint. X should file a

a. Demurrer to evidence

b. A motion for judgment on the pleadings.c. A motion for bill of particularsd. A motion for summary judgmente. A reply to the answer

176. Choose the judicial proceedings below in which a writ of habeas corpuscan not be availed of as consequence thereof

a. Where there has been deprivation of a constitutional right resulting

in the resistant of a personb. Where an excessive penalty has been imposed, as such sentence

is void as to such excess.c. Where the petitioner has been unable to establish by the evidence

to be entitled to the custody of the minor on account of mistakenidentity.

d. Where the lower court had no jurisdiction to impose the sentence.

177. The pendency of a special civil action under Rule 65 produces the followingeffect:

a. It interrupts the course of the principal case.b. It interrupts the course of the principal case if there is a temporary

restraining order or a writ of preliminary injunction issued against thepublic respondent.

c. The court trying the principal case has no discretion to postponethe hearing to await the decision in the special civil action.


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ANSWER KEY IN REMEDIAL LAW REVIEW

1. B 56. C 111. A 166. C2. A 57. B 112. C 167. D3. B 58. A 113. C 168. C

4. D 59. A 114. C 169. B

5. A 60. A 115. D 170. D

6. C 61. D 116. D 171. B

7. D 62. C 117. D 172. A

8. C 63. C 118. D 173. D

9. A 64. C 119. C 174. B

10. E 65. A 120. D 175. B

11. A 66. D 121. D 176. C

12. C 67. D 122. A 177. B

13. B 68. C 123. A

14. C 69. D 124. A15. B 70. D 125. A

16. B 71. A 126. A

17. 72. C 127. D

18. C 73. D. 128. D

19. E 74. C 129. B

20. D 75. C 130. D

21. A 76. B 131. B

22. E 77. D 132. C

23. E 78. D 133. D

24. E 79. A 134. D

25. A 80. C 135. C

26. B 81. C 136. C

27. D 82. D 137. D

28. C 83. E 138. B

29. C 84. B 139. D

30. C 85. E 140. B

31. D 86. D 141. D

32. C 87. B 142. D

33. B 88. D 143. D

34. A 89. A 144. D

35. C 90. B 145. B

36. D 91. D 146. B

37. D 92. D 147. C

38. C 93. B 148. D

39. C 94. D 149. B

40. C 95. C 150. C

41. D 96. B 151.

42. C 97. C 152. C

43. C 98. B 153. B

44. B 99. C 154. A

45. D 100. 155. D46. B 101. A 156. C

47. D 102. B 157. B

48. C 103. B 158. D

49. C 104. C 159. D

50. A 105. C 160. D

51. C 106. C 161. C

52. B 107. A 162. B

53. C 108. C 163. B

54. A 109. B 164. B

55. D 110. C 165. A


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