MCQ Remedial Law Review

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. b. c. d. e.

the place where he died. his residence at the time of his death. any of the provinces where he had any property at the time of his death. any of the above places at the option of the petitioner. none of the above.

2.  Which

of the following is not correct? The extrajudicial extrajudicial settlement of the estate of a decedent is allowed: allowed:

 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. a.

3.  Which a. b. c. d.

4.

not conclusive as to its due execution. conclusive as to its due execution. conclusive as to the validity of the dispositions made therein. not conclusive on anything.

The petition for the allowance of a will may not be filed by: a. b. c. d.

5.  A

the testator himself during his lifetime the executor the devisee/ legatee a person who is not interested in the estate.

will proved and allowed in a foreign country country may be allowed in the Philippines if: a. b. c. d.

It was proved and allowed in accordance with the laws of such foreign country. The will was executed in the Philippines. The will was executed in such foreign country. None of the above.

6.  Which a. b. c. d.

7.

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

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

The actions, which may be filed against an executor or administrator, do not include: a. b. c. d.

8.  A

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

probate court can: a. b. c.

9.

is correct? The allowance of a will is:

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

The residue of the estate of a decedent may be distributed to the heirs, even before all the obligations of the estate have been paid if the distributees or any of them gives a bond to guarantee the payment of the unpaid obligations within the time fixed by the court: a. b. c.

10.

in a sum fixed by the court. in an amount equal to twice the said unpaid obligations. a cash bond equal to the amount of the said unpaid obligations.

The venue of a petition for the escheat of the estate of a decedent who was a resident of the Philippines

is: 1

a. b. c. d.

11.

The venue of a petition for guardianship of a minor or incompetent who resides in the Philippines is: a. b. c. d.

12.

b. c.

b. c. d.

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

Habeas Corpus issued by the Regional Trial Court (RTC) is enforceable only in: a. b. c. d.

15.

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

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

14.

his residence the residence of the guardian. the place where any of his properties is located. anywhere in the Philippines.

 A return of a writ of habeas corpus is considered considered prima facie evidence of the cause of the detention detention if: a.

13.

his residence at the time of his death. the place of his death. any of the places where he resides. the place where he last resided.

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

The venue of a petition for a change of name is: 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. The period of appeal from an order in a special proceeding is: a.

16.

a. b. c. d.

15 days from notice, if no motion for reconsideration is filed. 15 days from notice of denial of a motion for reconsideration. 30 days from notice none of the above.

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

17.

a. b. c. d.

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

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

18.

a. b. c. d. e.

19.

Jurisdiction over the subject matter Jurisdiction over the person of the defendant Litis pendencia Res judicata Prescription

Mr. PP files a complaint against Mr. DD. The latter failed to answer within the reglamentary period. a. b. c. d. e.

The court may motu propio declare the defendant defendant in default default for violation of the rules as long as the defendant is notified. The court may thereupon render judgment granting the claimant the relief prayed for. The court may direct the defendant to answer so that the issues may be joined. The defendant is ipso facto in default. The defendant may be declared in default upon motion of the claiming party, notice to defending party, and upon proof of the defendant’s failure to answer. 2

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

20.

a. b. c. d. e.

The court shall order Mr. Santos to file his answer. The court may motu propio declare Mr. Santos in default. The court may declare Mr. Santos in default upon motion of Mrs. Santos and proof the defendant’s failure to answer. The court shall order the prosecuting attorney to determine whether or not collusion exists between the parties. The court shall order the prosecuting attorney to prevent fabrication of evidence.

The following are the grounds that would justify a motu propio dismissal of the complaint by the court.  Which is the exception?

21.

a. b. c. d. e.

22.

Improper venue. Failure of plaintiff to appear on the date for presentation of his evidence in chief. Failure to prosecute the action for an unreasonable length of time. Failure to comply with the Rules. Failure to comply the order of the court.

DD, defendant in a civil suit failed to appear during the pre-trial: a. His appearance is excused provided his counsel is present. b. His appearance is excused as long as his attorney is fully authorized in writing to enter into an amicable settlement without need for showing a cause for his absence. c. His non-appearance will be excused only if he is incapacitated. d. His failure to appear without justifiable cause will automatically authorize the plaintiff to present his evidence ex parte. e. None of the above states a correct procedural rule.

Mr. PP sued Mr. DD. Mr. CC believes that he has a legal interest in the subject matter of litigation and in the success of Mr. DD.

23.

 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. a.

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

24.

Demurrer to evidence  A reply to the answer c.  A motion for bill of particulars d.  A motion for summary judgment e.  A motion for judgment on the pleadings a. b.

25.

Extra-territorial service of summons is proper only in the following instances. Which is the exception?  When the action against the resident defendant affects the personal status of the plaintiff and the defendant is temporarily outside the Philippines. b.  When the action is against a non-resident defendant who is formerly a Philippine resident and the action affects the personal status of the plaintiff. c.  When the action against the non-resident defendant relates to property within the Philippines in  which the defendant has a claim or lien. d.  When the non-resident defendant is to be excluded from any interest on a property located in the Philippines. e.  When the non-resident defendant’s property is to be attached in the Philippines. a.

Mr. PP has just completed presentation of his evidence against the defendant, Mr. DD. Believing that the plaintiff has shown no right to relief upon the facts and the law, Mr. DD moved to dismiss the complaint (demurrer to evidence). The motion was granted and the complaint was dismissed. Mr. PP appealed and the appellate court reversed the order of dismissal.

26.

a. b. c. d.

Mr. DD may insist on his right to present evidence in support of his defense on the ground of due process. Mr. DD is deemed to have waived his right to present his evidence. Mr. DD should avail of certiorari as a mode of appeal. Mr. DD should avail of certiorari as a special civil action and raise jurisdictional grounds. 3

e.

Mr. DD should avail of prohibition to prevent the lower court from further proceedings.

Mr. DD lost in a civil suit filed against him by Mr. PP. Mr. DD honestly believes that the judgment is contrary to law and that its findings are not supported by the evidence. Mr. PP was also awarded damages,  which Mr. DD believes as “excessive”. The remedy of Mr. DD is a. to file an appeal by certiorari. b. to file a motion for new trial and if denied then appeal from the judgment. c. to file a motion for reconsideration and if denied file a petition for certiorari raising jurisdictional grounds. d. to file a motion for reconsideration and if denied then appeal from the judgment.. e. to file an action to annul the judgment.

27.

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

28.

Petition for relief  b.  Action to annul the judgment c. Motion for a new trial or consideration d.  Any of ‘a’ or ‘b’ e. None of the above a.

Judgments of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may be assailed:

29.

 by ordinary appeal to the Court of Appeals b.  by petition for review to the Supreme Court c.  by petition for review to the Court of Appeals d.  by ordinary appeal to the Supreme Court e.  by appeal by certiorari to the Supreme Court a.

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

30.

a. b. c. d. e.

accion pauliana accion reivindicatoria preliminary attachment preliminary injunction replevin

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

31.

declaratory relief  b. partition of claims c. receivership d. inter pleader e. none of the above  When a person is interested under a deed, will, contract or other written instrument and whose rights 32. are affected by a statute, executive order or regulation, before the breach or violation thereof, may file a petition for declaratory relief in order: a.

a. b. c. d. e.

to determine the effectivity of a statute to seek for affirmative relief, specifically for damages to seek for a declaration of the petitioner’s rights or duties to find ways to attack the constitutionality of an executive order to determine the effectivity of a law 

 When any tribunal board or officer exercising judicial or quasi-judicial functions has acted without or in excess of jurisdiction or with grave abuse of discretion, amounting to lack or excess of jurisdiction, and the purpose is to have the judgment or order of such tribunal board or officer annuled or modified, the remedy  available is:

33.

a. b. c. d. e.

34.

certiorari under Rule 45 certiorari under Rule 65 prohibition mandamus quo warranto

Real Evidence is addressed to 4

a. b. c. d.

35.

 A mere offer of compromise is admissible to provea. b. c. d.

36.

b. c. d.

b. c. d.

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

The testimony of a single witness is a. b. c. d.

39.

respecting a matter of law  respecting the opinion of an expert respecting a matter of fact recorded by his superior respecting a matter of fact he recorded a long time ago

Independent relevant evidence is admissible to a.

38.

civil liability  criminal propensity  criminal guilt negligence

 A witness is allowed to refer to a memorandum to refresh his memorya.

37.

the senses of the Court the opinion of an expert the lawyer propounding the question the clerk of court

never credible is always credible can be credible only if corroborated may be believed even if not corroborated

 When must an accused not under preventive detention be arraigned? a. b. c.

 Within 30 days after the filing of the complaint or information against him.  Within 30 days after the approval of his bail bond.  Within 30 days from the date the court has acquired jurisdiction over his person.

The court may allow an accused to plead guilty to a lesser offense necessarily included in the offense charged against him, if his offer to so plead is consented to by:

40.

a. the public prosecutor  b. the private offended party  c. the public prosecutor and the private offended party  Leave of court is required for an amendment of a complaint or information even before the accused has  been arraigned, if the amendment:

41.

a.  b. c. d. 42.

is of a substantial nature upgrades the nature of the offense from a lower to a higher offense includes another accused downgrades the nature of the offense from a higher to a lower offense or excludes any accused

 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 prision correccional.

43.

 When is an order sustaining a motion to quash a bar to a prosecution for the same offense? a. If the ground thereof is lack of jurisdiction of the court over the offense charged.  b. If the ground thereof is that the complaint or information charges two or more offense, which do not constitute a complex offense. c. If the ground thereof is the prescription of the offense or the penalty therefore.

44.

 When is the authentication of a private document offered in evidence not required? 5

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 unblemished by any alteration or circumstance of suspicion. c. When it is less than 30 years old at the time of its presentation.  Which of the following is not correct? A party against whom a witness testified may impeach the latter  by:

45.

a.  b. c. d. 46.

contradictory evidence evidence that his general reputation for truth, honesty or integrity is bad evidence that he has made at other times statements inconsistent with his present testimony  evidence of particular wrongful acts committed by the witness

 When is the extra-judicial confession of an accused sufficient for conviction? 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.

The written agreement between AA, a resident of Abra, and BB, a resident of Cagayan made before the suit, states that “any suit involving this lot located in Nueva Ecija, shall be filed only in the proper court of  Pampanga.” Hence, the suit must be filed:

47.

a.  b. c. d.

in Abra in Cagayan in Nueva Ecija In Pampanga

The Regional Trial Court (RTC) affirmed the order of the Municipal Trial Court (MTC) granting a motion to dismiss (MTD) on the ground that it has no jurisdiction over the subject matter of the case. Such subject matter is within the jurisdiction of the RTC. Hence, what should RTC do?

48.

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 over the 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 his responsive pleading.  b. At any time after the defendant has served on him his responsive pleading. c. A plaintiff has no right to amend his pleading, unless the court has previously given him leave to amend his pleading.

In an original action for certiorari, prohibition, mandamus, quo warranto, when does the Court of   Appeals acquire jurisdiction over the person of the respondent?

51.

a. By the service of summons upon him  b. By the service of a copy of the petition on him c. Upon the service on him of the owner or resolution of the court of appeals indicating its initial action on the petition or by his voluntary submission to the jurisdiction of the court of appeals.  When the court renders a judgment in a judicial foreclosure against the defendant, when is the mortgaged property sold at public auction to satisfy the judgment?

52.

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 than ninety (90) nor more than one hundred twenty (120) days from entry of judgment. c. The mortgaged property is never sold at public auction. In an action for the recovery of personal property, at what stage of the proceedings may the plaintiff  apply for an order for the delivery of such property to him?

53.

a. At any time during the trial 6

 b. After an answer has been filed c. At the commencement of the action but before an answer has been filed.

54.

55.

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.  What is NOT considered an original of a document: a. An entry repeated in the course of business, one being copied from another at or near the time of  the transaction.  b. A carbon copy of an application form c. 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 was not presented as a witness in the trial.  b. The testimony of the owner of a building founded on the record prepared according to the verbal statements of his employees. c. The testimony of a complainant regarding text messages he received 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 the defendants.

57.

 All except one of the following is true with respect to confessions: a.  b. c. d.

58.

It is a categorical acknowledgment of guilt. It must always be express, never implied. It may be made by third persons and, in certain cases, are admissible against a party. It may be made only by the party himself and, in some instances, are admissible against his coaccused.

 What is NOT allowed to happen in enforcing a foreign judgment in the Philippines? a. The court with which the action to enforce the foreign judgment is filed takes judicial notice of  the foreign judgment.  b. The party who files the action presents a certified true copy of the judgment by the clerk of the court of the foreign tribunal that rendered it. c. The party who files the action presents a certification from the Philippine diplomatic representative in the said foreign country that the person who issued the copy is the legal custodian thereof. d. All of the above

The police sought A for questioning in connection with the killing of the deceased. He was seen wearing a bloodstained shirt. During his interrogation, A was not assisted by counsel. He admitted his guilt and showed the knife he used to commit the crime. What piece of evidence is admissible?

59.

a.  b. c. d.

The bloodstained shirt The knife he used to commit the crime His extra-judicial confession None of the above

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

60.

a.  b. c. d. 61.

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

 Which of the following is NOT a public document? 7

a. The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers.  b. Documents acknowledged before a notary public c. Public records, kept in the Philippines, of private documents required by law to be entered therein d. Last wills and testaments

62.

 What is NOT a requisite in order for the Dead Man’s Statute to be applicable? a.  b. c. d.

63.

The witness is a party or an assignor of a party  The action is against an executor or an administrator of an estate The testimony should refer to any matter of fact which occurred after the death of the deceased. The subject matter of the action is a claim or demand against the estate of a deceased person.

 Which of the following matters need to be proven by the parties to an action? a. Facts which are admitted or which are not denied in the answer, provided they have been insufficiently alleged.  b. Those which are the subject of an agreed statement of facts between the parties. c. Facts which are not subject to judicial notice. d. Those admitted by any party.

64.

 An adverse party’s witness may NOT be impeached by: a. evidence that in the community where he resides, his general reputation for truth, honesty or integrity is bad.  b. a prior inconsistent statement c. 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 his conviction.

65.

 Who may NOT be excluded from the proceedings of a case? a.  b. c. d.

66.

Parties to the action or the accused in a criminal case Expert witnesses Rebuttal witnesses All of the above

 Which of the following statements is correct? a. It is the duty of the judge to rest his findings of facts and his judgment only and strictly upon the evidence offered by the parties at the trial.  b. It is the duty of a party to select the competent from the incompetent in offering testimony and he cannot impose this duty upon the trial court. c. It is discretionary upon the trial court to reject the entire evidence or receive evidence those parts which are admissible and reject the other parts. d. All of the above

67.

 Which statement refers to “corpus delicti”? a.  b. c. d.

68.

 Which of the following is NOT a requisite for the admissibility of a dying declaration? a.  b. c. d.

69.

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

The declaration relates to the facts or circumstances pertaining to the fatal injury or death. The declarant is dead. The declaration is made in connection with a startling occurrence. The declarant would have been competent to testify had he survived.

 All criminal actions shall be commenced by: a.  b. c. d.

complaint information preliminary investigation a or b 8

70.

 A holographic will which is contested may be allowed when its authenticity is proven by: a.  b. c. d.

71.

In a rape case, jurisdiction is conferred by: a.  b. c. d.

72.

one (1) witness who saw the testator write and sign it two (2) witnesses who saw the signing thereof  three (3) witnesses who declare that they saw the testator sign it three (3) witnesses who know the handwriting of the testator explicitly declare that the will and the signature thereon are in the handwriting of the testator

law   complaint of offended party  information filed by the Prosecuting Officer all of the above

The public prosecutor need not be present during the trial of a criminal case in the Regional Trial Court: a. when there is a private prosecutor  b. when he has turned over the active conduct of trial to the private prosecutor c. he should always be present unless the chief of the prosecution office or the regional state prosecutor has authorized the private prosecution in writing to prosecute the case subject to the approval 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 the material allegations therein.  b. his client had read the pleading and that to the best of the client’s knowledge, information and  belief, there is good grounds to support it and not interposed for delay. c. he has read the pleading, that to the best of the client’s knowledge, information and belief, there is good grounds to support it and that is not interposed for delay. d. he has read the pleading, that based on his personal information, there is good grounds to support it, and that it is not interposed for delay. e. that both client and counsel have read the pleading, that to the best of their knowledge, information and belief there are good grounds to support it and that it is not interposed for delay.

74.

The rule that a complaint or information must charge only one offense is absolute. a.  b. c. d.

75.

True False, this is subject to exception. False, except when existing laws prescribe a single punishment for various offense. False, except when there are several accused with different participations in the commission of  the crime.

 Which of the following statements does not conform with existing procedural concepts? a. Errors of jurisdiction are normally correctible by certiorari while errors of judgment are correctible by appeal.  b. Jurisdiction over the plaintiff is acquired by the filing of the complaint, petition or initiatory  pleading. c. Jurisdiction over the defendant is acquired only by a valid service of summons. d. Jurisdiction over the issues of the case is determined and conferred by the pleadings filed in the case or by the agreement of the parties. e. Jurisdiction over the rest is acquired by the actual or constructive seizure by the court of the thing in question, placing the same under the custody of the court.

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

76.

a.  b. c. d.

in the court of the place where the defendant may be found in the court of the place where the plaintiff resides in the court of the place where the defendant formerly resided in the court of the place of birth of the plaintiff 

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

77.

9

a. the court has no alternative but to sustain the objection  b. the court must overrule the objection and treat the issue as if it had been raised in the pleadings c. the court must order the amendment of the pleadings to conform to the evidence and grant a continuance to enable the amendment to be made. d. the court in its discretion may allow amendment of the pleading if doing so would serve the ends of substantial justice. e. the court may order the striking out of an allegation which does not conform to the evidence.

78.

Evidence beyond reasonable doubt a.  b. c. d.

79.

 A petition for adoption may be filed in the Regional Trial Court of  a.  b. c. d.

80.

is the same as preponderance of evidence is the equivalent of substantial evidence in administrative cases must be absolutely certain to convict must be morally certain, otherwise the accused is entitled to acquittal

the place where the adopter resides the place where the adoptee resides the place where the adoptee was born the place where the birth of the adoptee was recovered

Habeas Corpus is not the proper remedy to secure the release of a person detained pursuant to: a. a warrantless arrest  b. a warrant of arrest c. a warrant of arrest issued on the basis of an information charging an offense which has already  prescribed. d. his voluntary surrender

81.

In a case for alleged drug-pushing, evidence of: a.  b. c. d.

82.

The petition for the voluntary recognition of a minor natural child may be filed only by: a.  b. c. d. e.

83.

the buy-bust money is indispensable the confidant’s testimony who accompanied the poseur-buyer is necessary  the drugs subject of the case is indispensable the testimony of the chemist who examined the alleged drugs is indispensable

the child the mother of the child the father of the child the child or his parent none of the above

The following pleadings are allowed under the Rules on Summary Procedure, except a: a.  b. c. d. e.

complaint answer to the complaint cross claim compulsory counterclaim reply  

84.

Quo warranto proceedings may be brought against the following, except: a. a public officer who usurps, intrudes, or unlawfully holds a public office  b. a public officer who refuses to assume a public office because someone has usurped his position c. a public officer who commits an act which constitutes a ground for the forfeiture of his office d. a corporation which acts as a corporation without legal authority to act e. None of the above

85.

Mr. PP files a complaint against Mr. DD. The latter failed to answer within the reglamentary period. a. The court may motu propio declare the defendant in default for violation of the rules as long as the defendant is notified.  b. The court may thereupon render judgment granting the claimant the relief prayed for. c. The court may direct the defendant to answer so the issues may be joined. 10

d. The defendant is ipso facto in default. e. The defendant may be declared in default upon motion of the claiming party and upon proof of  the defendant’s failure to answer.  When the criminal action has already been instituted, an application for search warrant shall be filed in the:

86.

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 if the 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 be filed within an extendible period of five (5) days c. The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall be reviewable by appeal or by certiorari before judgment d. Both B and C

88.

 Which of the following statement is correct? a. Even the counsel for the accused or prosecutor does not appear at the pre-trial conference, they  are not required to offer an acceptable excuse for his lack of cooperation.  b. Warrant of arrest is valid only for ten days while a search warrant does not expire. c. No bail shall be allowed after a judgment of conviction has become final even the accused applies for probation. d. The accused may, before arraignment, move for a bill of particulars.

89.

 When is the accused allowed to file motion to quash? a.  b. c. d.

90.

The following are allowed to conduct preliminary investigations except: a.  b. c. d.

91.

At any time before arraignment Within 10 days after the accused has entered his plea At any time before the judgment become final After the accused has entered his plea

Provincial or City Prosecutor and their assistants. Judges of Municipal Trial Courts and Municipal Circuit Trial Courts National and Regional State Prosecutors Special prosecutors of the Ombudsman

Bail is a matter of right under the following conditions: 1. In MTC, MTC in Cities, MCTC before or after convictions 2. In RTC, after conviction if the penalty imposed is not more than six (6) years 3. In RTC, before conviction of an offense not punishable by death, reclusion perpetua or life imprisonment.  Which of the following conditions are correct? a.  b. c. d.

Statement No. 1 only  Statement No. 2 only  Statement No. 3 only  Both statement No. 1 and 3

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

92.

a. Errors or mistakes of counsel  b. Errors of law or irregularities prejudicial to the substantial rights of the accused c. New and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial d. Both B and C 11

 An accused in a rape case was convicted by the Regional Trial Court of Manila and the death penalty   was imposed upon him. The judgment shall be reviewed by the:

93.

a.  b. c. d. 94.

Supreme Court Court of Appeals The same Regional Trial Court Department of Justice

 Which of the following statements are true and correct? a. Any amendment before plea, which downgrades the nature of the offense charged or excludes the accused from the complaint or information can be made only upon motion of the prosecutor, even without notice to the offended party and without leave of court.  b. If it appears at the time before judgment that a mistake has been made in charging the proper offense the court shall automatically dismiss the complaint or information filed. c. The venue of criminal prosecution may be waived same as the venue in civil action. d. The offended parties are allowed to intervene by counsel in the prosecution of the offense when the civil action is instituted in the criminal 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. c. Allow conference or visits by any members of his immediate family, priest or any religious organization, any medical doctors, members of national and international non-governmental organization accredited by the Commission on Human Rights and the Office of the President or  by his counsel. d. To testify as a witness in his own behalf.

The court denied the demurrer to evidence which the accused filed with leave of court. Hence, the accused:

96.

a.  b. c. d.

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

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

97.

a. At any time  b. After the judgment in the criminal action has become final regardless of whether the accused  was acquitted or convicted c. Only if such judgment does not contain a finding that the act or omission from which the civil liability arises does not exist. Before an accused has been arraigned, the prosecution may amend a complaint or information by  downgrading the offense or excluding an accused therefrom: a. Without leave of court  b. With leave of court c. The consent of the accused

98.

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

99.

a. The court has no jurisdiction over the person of the accused  b. The officer who signed the complaint or information has no authority to do so c. The criminal action or liability has been extinguished 100.

In the court of appeals: a. The accused has no right to move for new trial  b. The accused has a right to move for a new trial on any ground c. 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 to evidence is that: a. The defendant loses the right to present his evidence  b. The defendant does not lose his right to present his evidence c. 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 his demurrer to evidence. 12

 A dismissal of the complaint as a result of a preliminary hearing on the affirmative defense pleaded in the answer has the following effects on the counterclaim pleaded in the answer:

102.

a. The counterclaim is dismissed  b. The counterclaim is not dismissed c. The counterclaim can be prosecuted only in the same case. 103.

The pendency of a special civil action under rule 65 produces the following effect: a. It interrupts the course of the principal case.  b. It interrupts the course of the principal case only if there is a temporary restraining order or a  writ of preliminary injunction issued against the public respondent. c. The court trying the principal case has no discretion to postpone the hearing thereof to await the decision in the special civil action.

The mode of appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate  jurisdiction is by:

104.

a. A notice of appeal filed with the Regional Trial Court  b. Petition for review on certiorari under Rule 45 c. Petition for review under Rule 42 105.

 A final and executory judgment may be enforced by motion: a. Within 15 days from the entry thereof   b. Within 10 years from the entry thereof  c. Within 5 years from the entry thereof 

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

106.

a. An action for the recovery of moral and exemplary damages  b. In any action – regardless of its nature c. 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 from the Philippines with intent to defraud his creditors.  A party who has suffered damages due to the issuance of an improper, irregular or excessive attachment against him may claim such damages:

107.

a. In the same case wherein the writ of attachment was issued, at any time before the trial, or  before an appeal has been perfected or before the judgment becomes executory.  b. Only in a separate action against the party who secured the writ of attachment. c. Only after the judgment has become final and executory. The lifetime or effectivity of a temporary restraining order issued by a trial court can be extended, after the expiration thereof:

108.

a. By order of the court  b. By agreement of the parties c. Can never be extended  Where the court declared that the person who has been giving support pendente lite to a recipient is not liable therefore:

109.

a. The recipient who returned the amounts of support pendente lite cannot recover such amounts from anyone.  b. The recipient who returned such amounts can recover them against the person legally obliged to give him the support in a separate action. c. The recipient who returned such amounts can recover them against the person legally obliged to give him the support in the same case wherein support pendente lite was ordered. 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. 13

The defendant appeals from a decision of the Regional Trial Court (RTC) affirming a decision of the Municipal Trial Court (MTC) ordering the defendant to vacate the premises:

111.

a. The RTC decision is immediately executory.  b. The defendant can stay the execution of the RTC decision by filing a bond. c. The RTC decision can be executed only after the decision of the appellate court affirming such decision has become final and executory. 112.

The Court of Appeals may annul the judgment of the Regional Trial Court on the ground that: 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 or that the decision resulted from extrinsic fraud.

113.

In the Court of Appeals, a party who appealed from a decision in a civil case: a. Has no right to file a motion for new trial  b. May file a motion for new trial on the ground of fraud, accident, mistake, or excusable negligence which ordinary prudence could not have guarded against and by reason of which he has been probably impaired in his rights. c. May file a motion for new trial on the ground of newly discovered evidence which he could not,  with reasonable diligence, have discovered and produced at the trial and which if presented  would probably alter the result.

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

114.

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 his voluntary submission to such jurisdiction. The doctrine of primacy of the criminal action, which provides that civil action is thus suspended in  whatever stage it may be found upon the filing of the criminal action, accepts certain exceptions. Which of  the following are among those exceptions?

115.

a.  b. c. d. e. 116.

In cases of independent civil action In cases where the civil action presents a prejudicial questions When the act or omission from which civil liability may arise did not exist Both a and b All of the above

 What is the nature of the right to preliminary investigation? a.  b. c. d. e.

Inquisitional Personal Alternative Both a and b All of the above

 Which of the following instances will operate as waiver of the right to preliminary investigation by the accused?

117.

a. If the accused fails to ask for preliminary investigation after being aware for more than five (5) days that the case had been filed in court.  b. Where the accused posted a bond c. Failure to claim it before the accused pleaded d. Both a and c e. All of the above For instance, the provincial or city prosecutor promulgated an unfavorable resolution of the case, where can be accused file a petition for review of the said resolution?

118.

a. Office of the President  b. Metropolitan Trial Court 14

c. Regional Trial Court d. Department of Justice e. None of the above  An escaped prisoner, then armed with a bamboo lance, was asked by a policeman to surrender, refused to do so and instead answered the latter with a stroke of his lance, the policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner. Is the act of the policeman on resorting to extreme means will always be justified?

119.

a. Yes, since an arresting officer is required to act within the performance of his duty, he must stand his ground and cannot, like a private individual, take refuge in fight; his duty requires to overcome his opponent.  b. No, it was provided under the Rules of Court that no violence or unnecessary force shall be used in making an arrest. Such provision accepts no exception. c. It depends, the reasonableness of the force employed by the arresting officer must be adjudged in the light of the circumstances as they appeared to the officer at the time he acted, and the means is generally considered to that which ordinary prudent and intelligent person with the knowledge  would have deemed necessary under the circumstances.

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

120.

a. Where the arrest is made at the time the offense is committed for attempted or on fresh pursuit;  b. When the giving of such information is largely impracticable, as when he forcibly resists before the person making the arrest has the opportunity so to inform him; c. When the giving of the information will imperil the arrest; d. All of the above 121.

 What is the nature of the right to appeal, which is extended to the accused? a.  b. c. d. e.

Statutory right Absolute right Personal right Both a and c All of the above

It is one of the modes of discovery in criminal cases especially given to the accused, the purpose of   which is to prevent surprise, suppression, or alteration of any written statements given by the complainant and the other witnesses in any investigation of the offense conducted by the prosecution or any other investigating officers:

122.

a.  b. c. d. e.

Production or inspection of evidence in the possession of the prosecution Suspension of arraignment Presentation of bills of particular Appointment of counsel de officio Informing the accused of all the rights he can availed of 

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

123.

a.  b. c. d. e.

One (1) year after issuance without the case having been revived Two (2) years after the issuance without the case having been revived Fifteen (15) days after the issuance Thirty (30) days after notice to the accused None of the above

In a case involving the question of whether the plaintiff E had resigned from office, thus allowing the respondent G, as the officer next in line to take over, the trial court, in its judgment, relied on newspaper reports on the diary entries of E’s personal secretary, F. In his diary, F indicated that E had told him (F) that he (E) intends to resign and had performed acts preparatory to leaving office. In his motion for reconsideration, E questioned the trial court’s reliance on newspaper reports of F’s diary entries as these are not proper sources to justify its ruling. Is E’s contention correct?

124.

a. Yes, because newspaper reports are mere secondary sources which have no probative value;  b. No, because although secondary sources, newspapers reports can be used to establish facts; c. Yes, because if the trial court wanted proof on E’s intention, it should have used resources based on E’s acts, not on what someone else heard or saw; d. No, because being E’s personal secretary, F could not have lied regarding E’s intention to resign. 15

125.

Tender of excluded evidence can be made: a.  b. c. d.

126.

The testimony of a child witness: a.  b. c. d.

127.

Is admissible even if hearsay  Is not admissible if hearsay  Is sufficient to convict an accused even if hearsay  Is admissible only after his competency is established

 A Xerox copy of a document: a.  b. c. d.

128.

Only during the direct examination Only during the cross examination At any stage of the examination of a witness None of the above

Is admissible Could be admissible Never admissible Has a probative value

Evidence of bad moral character in a rape case is: a. Is admissible against a 16-year old girl  b. Is admissible against a 19-year old girl c. Is admissible against a 16-year old girl if relevant and material to the issue d. Is admissible against a 19-year old girl if relevant and material to the issue

129.

Evidence to be credible must: a.  b. c. d.

come from credible lips alone Be incredible in itself  Come from credible lips and must be credible in itself  Come from a child

In resolving a motion to quash, the court shall consider no ground other than those stated therein except:

130.

a. Double jeopardy   b. Extinction of the criminal action c. Extinction of the criminal liability  d. Lack of jurisdiction over the subject matter or offense charged.  Where the criminal action has already been filed in the proper court, the application for the issuance of  a search warrant for the seizure of the instrument used in the commission of the crime may be filed in:

131.

a.  b. c. d.

Any Court in the province where the instrument is kept. The proper Court where the criminal action has been filed or is pending Any Court in the Judicial region where the crime was committed In any Court within the Judicial Region where the accused resides

 A money claim against the estate of a decedent which is not filed within the period fixed in the “NOTICE” to creditors to file their claims:

132.

Is forever barred b. May be enforced by action by the creditor against the executor or administrator of the decedent. c. May be raised as a counterclaim in a suit brought against the creditor by the executor or administrator of the decedent. d. May be ordered paid by the Court, if there is a residue of the estate after all the claims against such estate have been fair. a.

133.

 Where the estate of a resident is escheated: a. His personal properties shall be assigned to the municipality or city where they are located.  b. His real properties shall be assigned to the municipality or city where he 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 city where ha last resided and his real properties to the municipality or city where they are located. 16

134.

One of those actions cannot be brought against an executor or administrator: a. To recover real or personal property from the estate of the decedent  b. To enforce a lieu or such real or personal properties. c. To recover damages for an injury to person or property  d. To recover money, debt or interest therein from the estate of the decedent.

The order fixing the date and time of the hearing of the petition for guardianship or a minor or incompetent residing in the Philippines:

135.

a. Must be published in a newspaper of general circulation in the province where the minor or incompetent resides for (3) consecutives weeks prior to the hearing.  b. Must be published in a newspaper of general circulation in the province where the petitioner resides for three (3) consecutive weeks prior to the hearing. c. Must be published in a newspaper of general circulation in the Philippines 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.  b. c. d.

137.

May aware all the reliefs prayed for in the complaint, regardless of their nature May not aware the claims for attorney’s fees and actual damages in any event. May award claims for attorney’s fees and actual damages at the discretion of the Court. May award claims for attorney’s fees and actual damages if there is evidence adduced by the plaintiff in support thereof.

One of these statements is not correct: A party may impeach his own witness bya. Contrary evidence Evidence that his general honesty, integrity and truth is bad b. Evidence of his bad character c. Evidence of his having been convicted of all offense d.

138.

 A second Motion for New Trial in a civil action: a. Is never allowed  b. Allowed only if the ground thereof was not yet existence when the first motion for New Trial was filed. c. Allowed on any ground d. Is allowed only at the discretion of the Court

139.

One of these statements is not correct: The parol evidence rulea. Applies only to written agreements and wills.  b. Applies only to the parties thereto and their successors-in-interest. c. Does not apply to a party to a suit who is not a signatory or who does not derive a right from such signatory to the written agreement or will. d. Applies to all parties to a suit regardless of whether they are parties or not to or derive their right under a written agreement or will involved in the suit

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

140.

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

141.

 Within what time should the petition be filed by the petitioner with the Supreme Court? It should be filed  within: a. The fresh period of 30 (30) days reckoned from receipt of the denial resolution:  b. The fresh period of twenty (20) days reckoned from receipt of the denial resolution: c. The fresh period of fifteen (15) days reckoned from receipt of the denial resolution: 17

d. The remaining period but not less than five (5) days in any event, reckoned from the receipt of  the denial resolution.  Y with the use of force entered into the premises belonging to Z with an assessed value of P20, 000.00. The latter demanded the vacation of the premises but the former refused to vacate despite the expiration of  fifteen day notice to vacate on December 31, 2005. Your services were engaged today by Y to enforce his right. What action would you file?

142.

a. I would file an action for recovery of possession of the property with 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 of the place where the property is located, plus damages. c. I would file an action for unlawful detainer with the MTC of the place where the property  is located, damages and prayer for issuance of the preliminary mandatory injunction in order to compel Y to vacate the premises. d. I would file an action for forcible entry with MTC of the place where the property is located with prayer for the issuance of preliminary mandatory injunction in order to compel Y to  vacate the premises.

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

143.

It must be observed that December 10, the day X received a computation of a period (Art. 13, New Civil Code). December 17, 2006, the day when he filed a motion for new trial, should not likewise included in the period as the first is excluded and the last day included January. The period to run again on December 28, 2006 Therefore: a.  b. c. d. 144.

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

 When may a final order be deemed to be not determining the merits of a case? a. When the final order has been in writing, personally or directly prepared by the judge.  b. When the final order states clearly and distinctly the facts and the law on which is based, signed by the judge and filed with the clerk of court. c. When the final order considers and determines the rights of the parties as those rights presently exist, upon matters submitted in an action or proceeding. d. When the final order was signed by the judge personally and filed with the clerk of court  but does not state the reason or basis therefore.

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

145.

a. The defendant does not waive his right to offer evidence in the event his motion was denied.  b. When the accused filed demurrer to evidence without express leave of court, he waives his right to present evidence and denies the motion dismiss, the accused may adduce evidence in his defense and submits the case for judgment on the basis of the evidence of the prosecution. c. If the motion is granted and the order of dismissal is reversed upon appeal, the movant loses the right to present evidence on his behalf. d. In case of reversal, the appellate court shall render judgment for the plaintiff based on the evidence alone. 146.

Of the four instances below, choose one when injunction is not proper: a.  b. c. d.

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

18

Choose the judicial proceeding below in which a writ of habeas corpus can not be availed of as consequence thereof:

147.

a. Where there has been deprivation of a constitutional right resulting in the restraint of a person.  b. Where an excessive penalty has been imposed, such sentence is void as to such excess. c. Where the petitioner has been unable to establish by evidence to be entitled to the custody of the minor on account of mistaken identity. d. Where the lower court had no jurisdiction to impose the sentence.  An appeal in habeas corpus case shall be perfected by filing the notice of appeal with the clerk of court or judge who rendered the judgment within:

148.

a.  b. c. d. 149.

 Who may not grant a writ of habeas corpus?  a.  b. c. d.

150.

15 days from notice of judgment. 30 days from notice of judgment. 5 days from notice of judgment. 48 hours from notice of judgment.

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

The Sandiganbayan: a.  b. c.

151.

Has no jurisdiction over petitions for prohibition, certiorari or mandamus. Has jurisdiction, if it is in an aid of its Appellate Jurisdiction. Has jurisdiction regardless of whether it is in aid of its appellate jurisdiction or not.

 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.

The Trial Court, Court of Appeals, the Sandiganbayan or the Court of Tax Appeals, that issued a writ of  preliminary injunction against a lower court, board, officer or quasi-judicial body:

152.

a. Is not required to decide the main case or petition within a specified period from the date of the issuance of the unit.  b. Is required to decide the main case or petition within thirty (30) days from the date of the issuance of the unit. c. Is required to decide the main case or petition within six (6) moths the date of the issuance of the unit. d. Is not required to decide the main case or petition after such issuance. 153.

 Whenever the estate of a resident of the Philippines is escheated, his personal estate is assigned: 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.

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

154.

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

155.

a.  b. c. d.

Only if the decision therein is favorable and executory. Only after such decision has become final and executory. Only before any appeal has been taken from such favorable decision. At any stage of the proceeding before the rendition of the decision by reposting with the authorized government depositary and amount equivalent to the assessed value of the property, or in lieu thereof, a certificate of deposit of government bank of the Republic of the Philippines payable on demand to the authorized government depositary. 19

In a foreclosure of real estate mortgage proceeding, the “Equity of Redemption” over the foreclosed property:

156.

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 a decision on the basis of: a. The complaint only.  b. The evidence which the plaintiff presents only. c. The complaint or the evidence which the plaintiff presents. d. The complaint and the evidence which the plaintiff presents.

The Regional Trial Court in which a petition for a Writ of Amparo is filed is the one which has  jurisdiction over the:

158.

a.  b. c. d.

Place of residence of the respondent or any of the respondents. Place of residence of the aggrieved party only. Place of residence of the petitioner who is not aggrieved party. Place where the threat, act or omission was committed or any of its elements occurred.

 While R was walking along a deserted street in Esperanza, Agusan del Sur, a heavily tinted van stopped  behind him and five armed, masked men alighted from the vehicle. The men grabbed R, threw him inside the van, blindfolded him and tied his hands behind his back. The van proceeded to Cagayan De Oro City, passing by Agusan del Norte. In Cagayan de Oro, the group transferred to another van and went up to Malaybalay, Bukidnon. Upon arriving in Malaybalay, the group met someone who, after confirming R”s identity, gave a thick wad a peso bills to the group’s leader, T. Using a handgun, T shot R five times at the  back, instantly killing him. What crime/s was/were committed and when court/s have jurisdiction over the case/s?

159.

The crime committed was Kidnapping with Murder and the RTCs of Esperanza, Agusan del Norte, Cagayan de Oro and Bukidnon have concurrent jurisdiction over the case.  b. The crime committed was Murder and the RTCs of Esperanza, Agusan Del Norte, Cagayan de Oro and Bukidnon have concurrent jurisdiction over the case. c. The crime committed was Kidnapping with Murder and the RTC of Esperanza has exclusive  jurisdiction over the case. d. The crime committed was murder and the RTC of Bukidnon has exclusive original jurisdiction over the case. a.

N, a barangay tanod, also moonlights as driver of cargo forwarder, transporting goods and materials to and from the Manila South pier. One night, while driving one of the employer’s cargo trucks to the pier, N met a road mishap resulted in the opening of some of the crates in the truck’s cargo hold. Upon inspection, N noticed that crates contained bags of white powdery substance. Suspecting the substance to be shabu, N immediately called a kumpadre narcotics agent who took possession of the cargo for laboratory  examination. The cargo was confirmed to be shabu. The shabu’s shipper, M, was tracked and prosecuted for illegal possession of shabu. During the trial. M moved to suppress the shabu on the ground that they   were the product of an unreasonable warrantless search, As Judge, would you exclude the evidence?

160.

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 N’s reasonable suspicion that the white powdery substance 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 to determine if the spilt cargo was prohibited substance. d. No, N search the cargo as a private citizen thus, he can do so even without a warrant.  While patrolling an area known for high incidence of drug related offenses, Sgt. Matalis-mata and Sgt. Bilis-takbo came upon a group of five teenagers standing in the curb, near a parked car. Upon seeing the patrol car, the five teenagers scampered in all directions. Sgt. Bilis-takbo quickly alighted from the vehicle and chased the nearest teenager, H, Sgt. Bilis-takbo shouted at H to stop but H continued running. Upon rounding a corner, H threw away something. Sgt Bilis-takbo, who was hot on H’s heels scooped-up the object, and continued the chase. Eventually, Sgt. Bilis-takbo overtook H and patted him down. No weapons or incriminating evidence were found. However, upon examination by the crime lab, the object H threw on the sidewalk turned out to be “crack cocaine”. During his trial for illegal possession of prohibited substance, H objected to the admission of the crack cocaine. As judge would you admit the evidence?

161.

a. Yes, the search was validly done incident to the warrantless arrest based on probable cause arising from the suspect’s suspicious conduct in running away upon seeing the police car.  b. No, the search was illegal because there was no valid arrest. The suspect’s conduct of running not  being sufficient to engender a well-founded belief that the suspect was committing as a crime. c. Yes, the evidence was obtained even before the suspect was arrested rendering the rules on valid search and seizure inapplicable. 20

d. No, the evidence should be suppressed because the suspect was effectively already under the policeman’s control, yet there was no probable cause to effect the arrest. Z, who was charge with Murder, applied for bail. After the bail hearing, the Regional Trial Court of  Dumaguete (RTC) found that the evidence against Z is strong thus it denied his bail application. However, after trial, the RTC Dumaguete found Z guilty of Homicide only and sentenced him to an indeterminate term of eight years and one day of prison mayor, as minimum, to fourteen years and eight months of  reclusion temporal, as maximum and cancelled Z’s bail. Z had filed a notice of appeal to the Court of   Appeals. He wants to be freed on bail pending his appeal. Where should Z apply for bail?

162.

a. Z. should apply for bail in the RTC Dumaguete which rendered judgment against him.  b. Z should apply for bail in the CA as he had filed a notice of appeal of a conviction for a bailable offense. c. Z should apply for bail in the RTC Dumaguete which retains residual jurisdiction over the case for purposes of granting bail pending appeal. d. Z should apply for bail in the CA as the trial court had lost jurisdiction over the case upon the filing of Z’s appeal.  After receiving tips that marijuana shrubs are being grown in a compound inside a subdivision, Sgt. Liit, a narcotics agent specializing in marijuana horticulture, checked-out the place. To his dismay, Sgt. Liit a narcotics discovered that the compound was walled-off by a seven-foot concrete fence. To get a better view, Sgt. Liit climbed a nearby kaimito tree. With the higher elevation, Sgt. Liit saw in one corner of the compound a green house where meter-high , marijuana like shrubs were being grown. Sgt. Liit went down the tree. Knocked on the compound’s gate, introduced himself to the lone caretaker, went inside the compound and uprooted some of the shrubs. Upon examination by the crime laboratory, the shrubs were confirmed to be marijuana. In the hearing to suppress the evidence, the prosecution contended that Sgt. Liit seized the evidence under the plain view doctrine, is this contention tenable?

163.

a.

Yes, because it was immediately apparent to Sgt. Liit, a marijuana horticulturist, that the shrubs  were marijuana.  b. No, because the shrubs were not in “plain view” as Sgt. Liit had to climb a nearby tree to see them. c. Yes, because Sgt. Liit, upon seeing the shrubs, had probable cause to believe that they were marijuana. d. No, because Sgt. Liit had to enter the compound in order to obtain a sample of the marijuana. 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?

164.

a. Yes, because the search is just pro-forma and there is reduced expectation of privacy in airports.  b. No, because such search without probable cause violates the right of passengers to the privacy of  their papers. c. Yes, because the government’s interest in monitoring cases of violation of anti-piracy and pornographic laws is paramount over the passenger’s right to privacy. d. No, because the government’s interest in instituting screening measures in transportation hubs such as airports and terminals relates to ensuring the safety of passengers, not crimes the evidence for which may be found in laptops. Can Department of Justice prosecutors conduct preliminary invitation of a complaint for Bribery  against a BIR Regional Director for violation of Republic Act 3019 (Anti-Graft and Corrupt Practices Act)?

165.

a. Yes, as DOJ prosecutors’ have been with a very broad investigatory powers.  b. No, because the Ombudsman has exclusive original jurisdiction to investigate public officials and employees. c. Yes, because the DOJ prosecutors and the Ombudsman exercise concurrent investigatory powers over public officers. d. No, unless the parties submit themselves to the DOJ prosecutors’  Which court/s has/have jurisdiction over a case for violation of Section 3(e) of Republic Act No. 3019 (Anti Graft and Corrupt Practices Act) where the defendants are a city mayor (salary grade 27), the city  tourism operations officer (salary grade 11) and a computer operator (salary grade 9)?

166.

a. The proper Regional Trial Court since two of the respondents are officials with salary grade 27.  b. The Sandiganbayan for the city mayor (salary grade 27) and the proper Regional Trial Court for the city tourism operations officer (salary grade 11) and computer operator (salary grade 9). c. The Sandiganbayan since one of the respondents is an official with salary grade 27. d. The Sandiganbayan of the proper Regional Trial Court, depending on which court first acquires  jurisdiction over the case. Can a prosecutor conducting a preliminary investigation require the parties to submit a draft Resolutions for their respective positions (that is, for the complaint, a Resolution dismissing the complaint for lack of probable cause) either of which he will just adopt, depending on his evaluation of the case? a. Yes, nothing in the Revised Rules of Criminal Procedure prohibits such a procedure.

167.

21

 b. No, as this will allow the parties to exert undue influence on the prosecutor. c. Yes, as this will result in the prompt resolution of preliminary investigations. d. No, because the prosecutor should personally determine whether there is probable cause to try the accused.  A party who has suffered damages due to the issuance of an improper irregular or excessive attachment against him may claim such damages: a. Only after the judgement has become final executory  b. Only in a separate action against the party who secured the writ of attachment. c. In the same case wherein the writ of attachment was issued, at any time before the trial, or before an appeal has been perfected or before the judgment becomes executory. 168.

169.

 Who may not grant a writ of habeas corpus?

a. Any Regional Trial court judge b. The court of tax appeals or any members thereof  c. The court of appeals or any member thereof  d. The Supreme Court or any member thereof  If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, the action may be commenced and tried:

170.

a. in the court of the place where the defendant ,may be found  b. 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. Choose from among the grounds below for the dismissal of the petition for certiorari the ground which  will sustain the issuance of writ of certiorari.

171.

a. if it is patently without merit b. if the act of was committed with grave abuse of discretion amounting to c. if the questions raised are too insubstantial to require consideration; or d. if it is prosecuted manifestly for delay 

lack or excess of jurisdiction

The mode appeal from the decision of the Regional Trial Court rendered in the exercise of its appellate  jurisdiction is by: a. Petition for review under rule 42. b. Petition for review on certiorari under Rule 45. c. A notice of appeal filed with the Regional Trial Court.

172.

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

173.

a. The defendant does not waive his right to offer evidence in the event his motion is denied. b. In case of reversal, the appellate court shall render judgement for the plaintiff base on the evidence alone. c. If the motion is granted and the order of dismissal is reversed upon appeal, the movant loses the right to present evidence on his behalf. d. When the accused filed demurrer to evidence and denies the motion to dismiss, the accused may  adduce evidence in his defense and submits the case for judgement on the basis of the evidence of the prosecution. 174.

 When may final order be deemed to be not determining the merits of a case? a. When the final order has been writing, personally or directly prepared by the judge.  b. When the final order was signed by the judge personally and filed with the clerk of court but does not state the reason or basis thereof. c. When the final order considers and determines the rights of the parties as those rights which presently exist, upon matters submitted in an action or proceeding. d.  When the final orders states clearly and distinctly the facts and the law on which it is based, signed by the judge and filed with the clerk of court.

175.

“X” sued “Y” who is in answer generally denied the material allegations in the complaint. “X” should file

a a.  b. c. d. e.

Demurrer to evidence A motion for judgment on the pleadings. A motion for bill of particulars A motion for summary judgment A reply to the answer 22

Choose the judicial proceedings below in which a writ of habeas corpus can not be availed of as consequence thereof 

176.

a. Where there has been deprivation of a constitutional right resulting in the resistant of a person b. 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 mistaken identity. 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 following effect: a. It interrupts the course of the principal case. b. It interrupts the course of the principal case if there is a temporary preliminary injunction issued against the public respondent. c. The court trying the principal case has no discretion to postpone decision in the special civil action.

23

restraining order or a writ of  the

hearing to await the

 ANSWER KEY IN REMEDIAL LAW REVIEW 

1. B 2. A 3. B 4. D 5. A 6. C 7. D 8. C 9. A 10. E 11. A 12. C 13. B 14. C 15. B 16. B 17. 18. C 19. E 20. D 21. A 22. E 23. E 24. E 25. A 26. B 27. D 28. C 29. C 30. C 31. D 32. C 33. B 34. A 35. C 36. D 37. D 38. C 39. C 40. C 41. D 42. C 43. C 44. B 45. D 46. B 47. D 48. C 49. C 50. A 51. C 52. B 53. C 54. A 55. D

56. C 57. B 58. A 59. A 60. A 61. D 62. C 63. C 64. C 65. A 66. D 67. D 68. C 69. D 70. D 71. A 72. C 73. D. 74. C 75. C 76. B 77. D 78. D 79. A 80. C 81. C 82. D 83. E 84. B 85. E 86. D 87. B 88. D 89. A 90. B 91. D 92. D 93. B 94. D 95. C 96. B 97. C 98. B 99. C 100. 101. A 102. B 103. B 104. C 105. C 106. C 107. A 108. C 109. B 110. C

111. A 112. C 113. C 114. C 115. D 116. D 117. D 118. D 119. C 120. D 121. D 122. A 123. A 124. A 125. A 126. A 127. D 128. D 129. B 130. D 131. B 132. C 133. D 134. D 135. C 136. C 137. D 138. B 139. D 140. B 141. D 142. D 143. D 144. D 145. B 146. B 147. C 148. D 149. B 150. C 151. 152. C 153. B 154. A 155. D 156. C 157. B 158. D 159. D 160. D 161. C 162. B 163. B 164. B 165. A

166. C 167. D 168. C 169. B 170. D 171. B 172. A   173. D 174. B 175. B 176. C 177. B        

 

 

24