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 e trajudicial settlement of the

estate of a decedent is allowed:

a. b. c. d. e.

when he died testate. when he died intestate. regardless of the value of his estate. when he was not survived by children. none of the above.

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

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

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

the testator himself during his lifetime the e ecutor the devisee! legatee a person who is not interested in the estate.

5. " will proved and allowed in a foreign country may be allowed in the

Philippines if:
a. #t was proved and allowed in accordance with the laws of such foreign

country.
b. The will was e ecuted in the Philippines. c. The will was e ecuted in such foreign country. d. $one of the above. 6. Which is not correct? " special administrator has the power to: a. b. c. d.

%ommence and maintain suits as administrator. Ta&e possession of the estate of the deceased. 'ell any property of the estate without court authority. Pay the debts of the deceased upon order of the court.

7. The actions, which may be filed against an e ecutor or administrator, do not

include:
a. b. c. d.

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.

8. " probate court can: a. issue writs of e ecution in all cases. b. not issue a writ of e ecution in any case. c. issue a writ of e ecution in only three ()* instances. 9. The residue of the estate of a decedent may be distributed to the heirs, even

before all the obligations of the estate have been paid if the distributees or any of them gives a bond to guarantee the payment of the unpaid obligations within the time fi ed by the court:
a. in a sum fi ed by the court. b. in an amount e+ual to twice the said unpaid obligations. c. a cash bond e+ual to the amount of the said unpaid obligations. 10.

The venue of a petition for the escheat of the estate of a decedent who was a resident of the Philippines is:
a. b. c. d. e.

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

11.

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

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

12.

" return of a writ of habeas corpus is considered prima facie evidence of the 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 corpus is directed:
a. 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.

14.

,abeas %orpus issued by the -egional Trial %ourt (-T%* is enforceable only in:
a. b. c. d.

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

15.

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

a. b. c. d. e.

the place of birth of the petitioner. his residence. the place where his birth was registered. the place where he was baptized. any place in the Philippines.

16.

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

a. b. c. d.

./ days from notice, if no motion for reconsideration is filed. ./ days from notice of denial of a motion for reconsideration. )0 days from notice none of the above.

17.

1r. PP, a resident of 2uezon %ity was sideswiped while he was wal&ing along a narrow street by a car negligently driven by 1r. 33, a resident of 1anila. "ny suit for damages should be filed in:
a. b. c. d.

1a&ati city where the incident happened. The place stipulated upon by the parties after the incident. 1anila, the residence of 1r. 33. 2uezon %ity if 1r. PP so desires.

18.

The following defenses and objections not pleaded either in a motion to dismiss or in the answer are not deemed waived. Which is the e ception?
a. b. c. d. e.

4urisdiction over the subject matter 4urisdiction over the person of the defendant 5itis pendencia -es judicata Prescription

19.

1r. PP files a complaint against 1r. 33. The latter failed to answer within the reglamentary period.
a. The court may motu propio declare the defendant in default for

violation of the rules as long as the defendant is notified.

b. The court may thereupon render judgment granting the claimant the

relief prayed for.

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

be joined. d. The defendant is ipso facto in default. e. The defendant may be declared in default upon motion of the claiming party, notice to defending party, and upon proof of the defendant6s failure to answer.
20.

1r. 'antos, the defendant in an action for annulment of marriage failed to file his answer, under the circumstances:
a. The court shall order 1r. 'antos to file his answer. b. The court may motu propio declare 1r. 'antos in default. c. The court may declare 1r. 'antos in default upon motion of 1rs.

'antos and proof the defendant6s failure to answer. d. The court shall order the prosecuting attorney to determine whether or not collusion e ists 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 dismissal of the complaint by the court. Which is the e ception?
a. #mproper venue. b. 7ailure of plaintiff to appear on the date for presentation of his

evidence in chief.
c. 7ailure to prosecute the action for an unreasonable length of time. d. 7ailure to comply with the -ules. e. 7ailure to comply the order of the court. 22.

33, defendant in a civil suit failed to appear during the pre8trial:

a. ,is appearance is e cused provided his counsel is present. b. ,is appearance is e cused 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. ,is non8appearance will be e cused only if he is incapacitated. d. ,is failure to appear without justifiable cause will automatically authorize the plaintiff to present his evidence ex parte. e. $one of the above states a correct procedural rule.
23.

1r. PP sued 1r. 33. 1r. %% believes that he has a legal interest in the subject matter of litigation and in the success of 1r. 33.
a. b. c. d. e.

Without leave of court, 1r. %% may intervene in the suit. 1r. %% should file a third party complaint with leave of court. 1r. %% should file an inter pleader with leave of court. 1r. %% should file a cross8claim with leave of court. 1r. %% with leave of court may intervene in the suit.

24.

1r. PP sued 1r. 33 who in his answer generally denied the material allegations in the complaint. 1r. PP should file a:
a. b. c. d. e.

3emurrer to evidence " reply to the answer " motion for bill of particulars " motion for summary judgment " motion for judgment on the pleadings

25.

9 tra8territorial service of summons is proper only in the following instances. Which is the e ception?
a. When the action against the resident defendant affects the personal

b.

c. d. e.

status of the plaintiff and the defendant is temporarily outside the Philippines. When the action is against a non8resident defendant who is formerly a Philippine resident and the action affects the personal status of the plaintiff. When the action against the non8resident defendant relates to property within the Philippines in which the defendant has a claim or lien. When the non8resident defendant is to be e cluded from any interest on a property located in the Philippines. When the non8resident defendant6s property is to be attached in the Philippines.

26.

1r. PP has just completed presentation of his evidence against the defendant, 1r. 33. :elieving that the plaintiff has shown no right to relief upon the facts and the law, 1r. 33 moved to dismiss the complaint (demurrer to evidence*. The motion was granted and the complaint was dismissed. 1r. PP appealed and the appellate court reversed the order of dismissal.
a. 1r. 33 may insist on his right to present evidence in support of his b. c. d. e.

defense on the ground of due process. 1r. 33 is deemed to have waived his right to present his evidence. 1r. 33 should avail of certiorari as a mode of appeal. 1r. 33 should avail of certiorari as a special civil action and raise jurisdictional grounds. 1r. 33 should avail of prohibition to prevent the lower court from further proceedings.

27.

1r. 33 lost in a civil suit filed against him by 1r. PP. 1r. 33 honestly believes that the judgment is contrary to law and that its findings are not

supported by the evidence. 1r. PP was also awarded damages, which 1r. 33 believes as ;e cessive<. The remedy of 1r. 33 is a. to file an appeal by certiorari. b. to file a motion for new trial and if denied then appeal from the judgment. c. to file a motion for reconsideration and if denied file a petition for certiorari raising jurisdictional grounds. d. to file a motion for reconsideration and if denied then appeal from the judgment.. e. to file an action to annul the judgment.
28.

"fter a judgment has become final and e ecutory, the following may constitute a remedy of the losing party. Which is the e ception?
a. b. c. d. e.

Petition for relief "ction to annul the judgment 1otion for a new trial or consideration "ny of =a6 or =b6 $one of the above

29.

4udgments of the -egional Trial %ourt rendered in the e ercise of its appellate jurisdiction may be assailed:
a. b. c. d. e.

by ordinary appeal to the %ourt of "ppeals by petition for review to the 'upreme %ourt by petition for review to the %ourt of "ppeals by ordinary appeal to the 'upreme %ourt by appeal by certiorari to the 'upreme %ourt

30.

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

accion pauliana accion reivindicatoria preliminary attachment preliminary injunction replevin

31.

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

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

to determine the effectivity of a statute to see& for affirmative relief, specifically for damages to see& for a declaration of the petitioner6s rights or duties to find ways to attac& the constitutionality of an e ecutive order to determine the effectivity of a law

33.

When any tribunal board or officer e ercising judicial or +uasi8judicial functions has acted without or in e cess of jurisdiction or with grave abuse of discretion, amounting to lac& or e cess of jurisdiction, and the purpose is to have the judgment or order of such tribunal board or officer annuled or modified, the remedy available is:
a. b. c. d. e.

certiorari under -ule >/ certiorari under -ule ?/ prohibition mandamus +uo warranto

34.

-eal 9vidence is addressed to 8

a. b. c. d.

the senses of the %ourt the opinion of an e pert the lawyer propounding the +uestion the cler& of court

35.

" mere offer of compromise is admissible to prove8

a. b. c. d.

civil liability criminal propensity criminal guilt negligence

36.

" witness is allowed to refer to a memorandum to refresh his memory8

a. b. c. d.

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

37.

#ndependent relevant evidence is admissible to 8

a. 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

38.

The testimony of a single witness is 8

a. b. c. d.

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

39.

When must an accused not under preventive detention be arraigned?

a. Within )0 days after the filing of the complaint or information

against him.
b. Within )0 days after the approval of his bail bond. c. Within )0 days from the date the court has ac+uired jurisdiction

over his person.

40.

The court may allow an accused to plead guilty to a lesser offense necessarily included in the offense charged against him, if his offer to so plead is consented to by: a. the public prosecutor b. the private offended party c. the public prosecutor and the private offended party

41.

5eave of court is re+uired for an amendment of a complaint or information even 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 higher offense c. includes another accused d. downgrades the nature of the offense from a higher to a lower offense or e cludes any accused

42.

When is a preliminary investigation re+uired? a. #n all cases regardless of the penalty for the offense charged. b. #n cases where the penalty for the offense charged is below four (>* years, two (@* months and one (.* day of prision correccional. c. #n cases where the minimum penalty for the offense charged is four (>* years, two (@* months and one (.* day of prision correccional.

43.

When is an order sustaining a motion to +uash a bar to a prosecution for the same offense? a. #f the ground thereof is lac& of jurisdiction of the court over the offense charged. b. #f the ground thereof is that the complaint or information charges two or more offense, which do not constitute a comple offense. c. #f 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 re+uired? a. When it is offered as an authentic document. b. When it is more than )0 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 )0 years old at the time of its presentation.

45.

Which of the following is not correct? " party against whom a witness testified may impeach the latter by: a. contradictory evidence b. evidence that his general reputation for truth, honesty or integrity is bad c. evidence that he has made at other times statements inconsistent with his present testimony d. evidence of particular wrongful acts committed by the witness

46.

When is the e tra8judicial confession of an accused sufficient for conviction? a. 9ven without corroboration thereof by evidence of corpus delicti. b. Anly when it is corroborated by evidence of corpus delicti. c. -egardless of whether or not it is corroborated by evidence of corpus delicti.

47.

The written agreement between "", a resident of "bra, and ::, a resident of %agayan made before the suit, states that ;any suit involving this lot located in $ueva 9cija, shall be filed only in the proper court of Pampanga.< ,ence, the suit must be filed:

a. b. c. d.
48.

in "bra in %agayan in $ueva 9cija #n Pampanga

The -egional Trial %ourt (-T%* affirmed the order of the 1unicipal Trial %ourt (1T%* granting a motion to dismiss (1T3* on the ground that it has no jurisdiction over the subject matter of the case. 'uch subject matter is within the jurisdiction of the -T%. ,ence, what should -T% do? a. 1ust merely affirm the 1T% order. b. -emand the case to the 1T% for further proceedings. c. 1ust try the case on the merits as if the case was originally filed with it.

49.

#n appeals by notice of appeal, when does the court lose jurisdiction over the case? a. Bpon the perfection of the appeal of a party filed in due time. b. Bpon the e piration of the time to appeal of the other parties. c. Bpon the perfection of the appeal of a party filed in due time and the e piration of the time to appeal of the other parties.

50.

When may a plaintiff amend his pleading once as a matter of right? a. "t any time before the defendant has served on him his responsive pleading. b. "t any time after the defendant has served on him his responsive pleading. c. " plaintiff has no right to amend his pleading, unless the court has previously given him leave to amend his pleading.

51.

#n an original action for certiorari, prohibition, mandamus, +uo warranto, when does the %ourt of "ppeals ac+uire jurisdiction over the person of the respondent? a. :y the service of summons upon him b. :y the service of a copy of the petition on him c. Bpon 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.

52.

When the court renders a judgment in a judicial foreclosure against the defendant, when is the mortgaged property sold at public auction to satisfy the judgment? a. "fter the decision has become final and e ecutory. b. "fter the failure of the defendant to pay the judgment amount within the period fi ed in the decision which shall not be less than ninety (C0* nor more than one hundred twenty (.@0* days from entry of judgment. c. The mortgaged property is never sold at public auction.

53.

#n 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? a. "t any time during the trial b. "fter an answer has been filed c. "t the commencement of the action but before an answer has been filed.

54.

The court is mandated to ta&e judicial notice of the fact that: a. An 0/ 7ebruary .C>/, the seat of the Philippine -epublic had been transferred to :aguio %ity. b. -eal estate is usually declared for ta ation purposes by the owners thereof with an assessed value much lower than their actual mar&et value. c. There is a crisis in the pre8need industry. d. :efore reaching a station, buses slow down and the conductor announces the name of the station. What is $AT considered an original of a document: a. "n entry repeated in the course of business, one being copied from another at or near the time of the transaction. b. " carbon copy of an application form c. " document e ecuted in triplicate at or about the same time with identical contents. d. $one of the above

55.

56.

"ll e cept one of the following is hearsay: a. "n affidavit of a witness to the e ecution 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 te t 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.

"ll e cept one of the following is true with respect to confessions: a. #t is a categorical ac&nowledgment of guilt. b. #t must always be e press, never implied. c. #t may be made by third persons and, in certain cases, are admissible against a party. d. #t may be made only by the party himself and, in some instances, are admissible against his co8accused.

58.

What is $AT 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 ta&es judicial notice of the foreign judgment. b. The party who files the action presents a certified true copy of the judgment by the cler& 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. "ll of the above

59.

The police sought " for +uestioning in connection with the &illing of the deceased. ,e was seen wearing a bloodstained shirt. 3uring his interrogation, " was not assisted by counsel. ,e admitted his guilt and showed the &nife he used to commit the crime. What piece of evidence is admissible? a. The bloodstained shirt b. The &nife he used to commit the crime c. ,is e tra8judicial confession

d. $one of the above

60.

D was charged with robbery with rape. ,e too& the stand on his own behalf and testified on the alleged robbery. An what matters may the prosecution cross e amine the accused? a. b. c. d. Anly matters touched upon by D in his direct testimony. 1atters involving the alleged rape. 1atters involving D and other relevant matters. "ll of the above

61.

Which of the following is $AT a public document? a. The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers. b. 3ocuments ac&nowledged before a notary public c. Public records, &ept in the Philippines, of private documents re+uired by law to be entered therein d. 5ast wills and testaments

62.

What is $AT a re+uisite in order for the 3ead 1an6s 'tatute to be applicable? a. The witness is a party or an assignor of a party b. The action is against an e ecutor or an administrator of an estate c. 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 the estate of a deceased person.

63.

Which of the following matters need to be proven by the parties to an action? a. 7acts 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. 7acts which are not subject to judicial notice. d. Those admitted by any party.

64.

"n adverse party6s witness may $AT 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. 9vidence 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 $AT be e cluded from the proceedings of a case? a. b. c. d. Parties to the action or the accused in a criminal case 9 pert witnesses -ebuttal witnesses "ll of the above

66.

Which of the following statements is correct?

a. #t 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. #t 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. #t 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. "ll of the above
67.

Which statement refers to ;corpus delicti<? a. #t is the body or substance of the crime. b. #t is the fact that a crime has actually been committed. c. #t is the actual commission by someone of the particular crime charged. d. "ll of the above

68.

Which of the following is $AT a re+uisite for the admissibility of a dying declaration? a. The declaration relates to the facts or circumstances pertaining to the 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.

"ll criminal actions shall be commenced by: a. b. c. d. complaint information preliminary investigation a or b

70.

" holographic will which is contested may be allowed when its authenticity is proven by: a. b. c. d. one (.* witness who saw the testator write and sign it two (@* witnesses who saw the signing thereof three ()* witnesses who declare that they saw the testator sign it three ()* witnesses who &now the handwriting of the testator e plicitly declare that the will and the signature thereon are in the handwriting of the testator

71.

#n a rape case, jurisdiction is conferred by: a. b. c. d. law complaint of offended party information filed by the Prosecuting Afficer all of the above

72.

The public prosecutor need not be present during the trial of a criminal case in the -egional Trial %ourt: 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 client6s &nowledge, 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 client6s &nowledge, 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 &nowledge, information and belief there are good grounds to support it and that it is not interposed for delay.

74.

The rule that a complaint or information must charge only one offense is absolute. a. True b. 7alse, this is subject to e ception. c. 7alse, e cept when e isting laws prescribe a single punishment for various offense. d. 7alse, e cept when there are several accused with different participations in the commission of the crime.

75.

Which of the following statements does not conform with e isting procedural concepts? a. 9rrors of jurisdiction are normally correctible by certiorari while errors of judgment are correctible by appeal. b. 4urisdiction over the plaintiff is ac+uired by the filing of the complaint, petition or initiatory pleading. c. 4urisdiction over the defendant is ac+uired only by a valid service of summons. d. 4urisdiction 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. 4urisdiction over the rest is ac+uired by the actual or constructive seizure by the court of the thing in +uestion, placing the same under the custody of the court.

76.

#f 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: 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

77.

3uring the trial of a damage suit, 1r. 33, defendant, introduced evidence on a matter not raised in the pleadings of the parties. 1r. PP, plaintiff promptly objected on the ground that the evidence concerns a matter not in issue. Bnder the circumstances: 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 stri&ing out of an allegation which does not conform to the evidence.
78.

9vidence beyond reasonable doubt 8 a. b. c. d. is the same as preponderance of evidence is the e+uivalent of substantial evidence in administrative cases must be absolutely certain to convict must be morally certain, otherwise the accused is entitled to ac+uittal

79.

" petition for adoption may be filed in the -egional Trial %ourt of a. b. c. d. 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

80.

,abeas %orpus 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.

#n a case for alleged drug8pushing, evidence of: a. the buy8bust money is indispensable b. the confidant6s testimony who accompanied the poseur8buyer is necessary c. the drugs subject of the case is indispensable d. the testimony of the chemist who e amined the alleged drugs is indispensable

82.

The petition for the voluntary recognition of a minor natural child may be filed only by: a. b. c. d. e. the child the mother of the child the father of the child the child or his parent none of the above

83.

The following pleadings are allowed under the -ules on 'ummary Procedure, e cept a: a. b. c. d. e. complaint answer to the complaint cross claim compulsory counterclaim reply

84.

2uo warranto proceedings may be brought against the following, e cept:

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. $one of the above
85.

1r. PP files a complaint against 1r. 33. The latter failed to answer within the reglamentary period. a. The court may motu propio declare the defendant in default for violation of the rules as long as the defendant is notified. b. The court may thereupon render judgment granting the claimant the relief prayed for. c. The court may direct the defendant to answer so the issues may be joined. d. The defendant is ipso facto in default. e. The defendant may be declared in default upon motion of the claiming party and upon proof of the defendant6s failure to answer.

86.

When the criminal action has already been instituted, an application for search warrant shall be filed in the: a. %ourt within whose territorial jurisdiction a crime was committed. b. %ourt where the criminal action is filed. c. %ourt within the judicial region where the crime was committed if the place of the commission of the crime is &nown. d. %ourt where the criminal action is pending.

87.

"ll of the following statement are true, e cept: 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 e tendible period of five (/* 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. :oth : and %

88.

Which of the following statement is correct? a. 9ven the counsel for the accused or prosecutor does not appear at the pre8trial conference, they are not re+uired to offer an acceptable e cuse for his lac& of cooperation. b. Warrant of arrest is valid only for ten days while a search warrant does not e pire. c. $o 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 +uash? a. b. c. d. "t any time before arraignment Within .0 days after the accused has entered his plea "t any time before the judgment become final "fter the accused has entered his plea

90.

The following are allowed to conduct preliminary investigations e cept: a. b. c. d. Provincial or %ity Prosecutor and their assistants. 4udges of 1unicipal Trial %ourts and 1unicipal %ircuit Trial %ourts $ational and -egional 'tate Prosecutors 'pecial prosecutors of the Ambudsman

91.

:ail is a matter of right under the following conditions: .. #n 1T%, 1T% in %ities, 1%T% before or after convictions @. #n -T%, after conviction if the penalty imposed is not more than si (?* years ). #n -T%, 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. 'tatement $o. . only 'tatement $o. @ only 'tatement $o. ) only :oth statement $o. . and )

92.

Which of the following are the proper grounds that the court should consider in order to properly grant a new trial in a criminal case? a. 9rrors or mista&es of counsel b. 9rrors of law or irregularities prejudicial to the substantial rights of the accused c. $ew and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial d. :oth : and %

93.

"n accused in a rape case was convicted by the -egional Trial %ourt of 1anila and the death penalty was imposed upon him. The judgment shall be reviewed by the: a. b. c. d. 'upreme %ourt %ourt of "ppeals The same -egional Trial %ourt 3epartment of 4ustice

94.

Which of the following statements are true and correct? a. "ny amendment before plea, which downgrades the nature of the offense charged or e cludes 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. #f it appears at the time before judgment that a mista&e 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. "llow conference or visits by any members of his immediate family, priest or any religious organization, any medical doctors, members of national and international non8governmental organization accredited by the %ommission on ,uman -ights and the Affice of the President or by his counsel. d. To testify as a witness in his own behalf.
96.

The court denied the demurrer to evidence which the accused filed with leave of court. ,ence, the accused: a. b. c. d. 5oses the right to present his evidence 3oes not lose the right to present his evidence %an be compelled by the court to present his evidence ,as the option whether to present or not his evidence.

97.

The civil action which was reserved arose from the delict and not from articles )@, )), @>, and @.E?, new civil code. #t may be filed by the offended party: a. "t any time b. "fter the judgment in the criminal action has become final regardless of whether the accused was ac+uitted or convicted c. Anly if such judgment does not contain a finding that the act or omission from which the civil liability arises does not e ist.

98.

:efore an accused has been arraigned, the prosecution may amend a complaint or information by downgrading the offense or e cluding an accused therefrom: a. Without leave of court b. With leave of court c. The consent of the accused "n order granting a motion to +uash is a bar to another prosecution for the same offense if the ground thereof is: 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 e tinguished

99.

100. #n 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 F 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. ,e loses his right to present his evidence only if he did not ma&e a reservation to present his evidence in case of a denial of his demurrer to evidence.
102. " 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: 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 ?/ produces the

following effect: a. #t interrupts the course of the principal case. b. #t interrupts the course of the principal case only if there is a temporary restraining order or a writ of preliminary injunction issued against the public respondent. c. The court trying the principal case has no discretion to postpone the hearing thereof to await the decision in the special civil action.
104. The mode of appeal from a decision of the -egional Trial %ourt rendered

in the e ercise of its appellate jurisdiction is by: a. " notice of appeal filed with the -egional Trial %ourt b. Petition for review on certiorari under -ule >/ c. Petition for review under -ule >@
105. " final and e ecutory judgment may be enforced by motion:

a. Within ./ days from the entry thereof b. Within .0 years from the entry thereof c. Within / years from the entry thereof
106. " 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: a. "n action for the recovery of moral and e emplary damages b. #n any action F regardless of its nature c. #n an action for a specified amount of money other than for moral or e emplary damages, arising from contract, +uasi8contract, delict or +uasi8delict, against a party who is about to depart from the Philippines with intent to defraud his creditors.
107. " party who has suffered damages due to the issuance of an improper,

irregular or e cessive attachment against him may claim such damages: a. #n 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 e ecutory. b. Anly in a separate action against the party who secured the writ of attachment. c. Anly after the judgment has become final and e ecutory.
108. The lifetime or effectivity of a temporary restraining order issued by a trial

court can be e tended, after the e piration thereof: a. :y order of the court b. :y agreement of the parties c. %an never be e tended
109. Where the court declared that the person who has been giving support

pendente lite to a recipient is not liable therefore: a. The recipient who returned the amounts of support pendente lite cannot recover such amounts from anyone. b. The recipient who returned such amounts can recover them against the person legally obliged to give him the support in a separate action.

c. The recipient who returned such amounts can recover them against the person legally obliged to give him the support in the same case wherein support pendente lite was ordered.
110. #n #nter8pleader, a motion to dismiss:

a. #s not allowed to be filed by the defendants. b. #s permitted only on any of the grounds specified in 'ection ., -ule .?. c. #s permitted only on any appropriate ground specified in 'ection ., -ule .? and on the ground of the impropriety of inter8pleader.
111. The defendant appeals from a decision of the -egional Trial %ourt (-T%*

affirming a decision of the 1unicipal Trial %ourt (1T%* ordering the defendant to vacate the premises: a. The -T% decision is immediately e ecutory. b. The defendant can stay the e ecution of the -T% decision by filing a bond. c. The -T% decision can be e ecuted only after the decision of the appellate court affirming such decision has become final and e ecutory.
112. The %ourt of "ppeals may annul the judgment of the -egional Trial %ourt

on the ground that: a. The -T% decision resulted from an intrinsic fraud. b. The -T% had no jurisdiction over the person of the defendant c. The -T% had no jurisdiction over the subject matter of the case or that the decision resulted from e trinsic fraud.
113. #n the %ourt of "ppeals, a party who appealed from a decision in a civil

case: a. ,as no right to file a motion for new trial b. 1ay file a motion for new trial on the ground of fraud, accident, mista&e, or e cusable negligence which ordinary prudence could not have guarded against and by reason of which he has been probably impaired in his rights. c. 1ay 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.
114. #n an original action filed in the %ourt of "ppeals, jurisdiction over the

person of the respondent is ac+uired: a. :y the service of summons upon him in accordance with -ule .>. b. :y the service of the copy of the petition upon him by the petitioner. c. :y the service upon him or the order of resolution of the %ourt of "ppeals indicating its initial action on the petition or by his voluntary submission to such jurisdiction.
115. The doctrine of primacy of the criminal action, which provides that civil

action is thus suspended in whatever stage it may be found upon the filing of the criminal action, accepts certain e ceptions. Which of the following are among those e ceptions? a. #n cases of independent civil action b. #n cases where the civil action presents a prejudicial +uestions

c. When the act or omission from which civil liability may arise did not e ist d. :oth a and b e. "ll of the above
116. What is the nature of the right to preliminary investigation?

a. b. c. d. e.

#n+uisitional Personal "lternative :oth a and b "ll of the above

117. Which of the following instances will operate as waiver of the right to

preliminary investigation by the accused? a. #f the accused fails to as& for preliminary investigation after being aware for more than five (/* days that the case had been filed in court. b. Where the accused posted a bond c. 7ailure to claim it before the accused pleaded d. :oth a and c e. "ll of the above
118. 7or 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? a. b. c. d. e. Affice of the President 1etropolitan Trial %ourt -egional Trial %ourt 3epartment of 4ustice $one of the above

119. "n escaped prisoner, then armed with a bamboo lance, was as&ed by a

policeman to surrender, refused to do so and instead answered the latter with a stro&e of his lance, the policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner. #s the act of the policeman on resorting to e treme means will always be justified? a. Ges, since an arresting officer is re+uired to act within the performance of his duty, he must stand his ground and cannot, li&e a private individual, ta&e refuge in fightH his duty re+uires to overcome his opponent. b. $o, it was provided under the -ules of %ourt that no violence or unnecessary force shall be used in ma&ing an arrest. 'uch provision accepts no e ception. c. #t 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 &nowledge would have deemed necessary under the circumstances.
120. "s a rule a private person ma&ing an arrest should notify the person

arrested of his purpose and ac+uaint him with the cause of the arrest, however this rule accepts certain e ceptions. Which of the following are those e ceptions? a. Where the arrest is made at the time the offense is committed for attempted or on fresh pursuitH

b. When the giving of such information is largely impracticable, as when he forcibly resists before the person ma&ing the arrest has the opportunity so to inform himH c. When the giving of the information will imperil the arrestH d. "ll of the above
121. What is the nature of the right to appeal, which is e tended to the

accused? a. b. c. d. e. 'tatutory right "bsolute right Personal right :oth a and c "ll of the above

122. #t 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: a. Production or inspection of evidence in the possession of the prosecution b. 'uspension of arraignment c. Presentation of bills of particular d. "ppointment of counsel de officio e. #nforming the accused of all the rights he can availed of
123. When is a provisional dismissal become permanent with respect to the

offenses punishable by imprisonment of more than si (?* years? a. b. c. d. e. Ane (.* year after issuance without the case having been revived Two (@* years after the issuance without the case having been revived 7ifteen (./* days after the issuance Thirty ()0* days after notice to the accused $one of the above

124. #n a case involving the +uestion of whether the plaintiff 9 had resigned

from office, thus allowing the respondent I, as the officer ne t in line to ta&e over, the trial court, in its judgment, relied on newspaper reports on the diary entries of 96s personal secretary, 7. #n his diary, 7 indicated that 9 had told him (7* that he (9* intends to resign and had performed acts preparatory to leaving office. #n his motion for reconsideration, 9 +uestioned the trial court6s reliance on newspaper reports of 76s diary entries as these are not proper sources to justify its ruling. #s 96s contention correct? a. Ges, because newspaper reports are mere secondary sources which have no probative valueH b. $o, because although secondary sources, newspapers reports can be used to establish factsH c. Ges, because if the trial court wanted proof on 96s intention, it should have used resources based on 96s acts, not on what someone else heard or sawH d. $o, because being 96s personal secretary, 7 could not have lied regarding 96s intention to resign.
125. Tender of e cluded evidence can be made:

a. b. c. d.

Anly during the direct e amination Anly during the cross e amination "t any stage of the e amination of a witness $one of the above

126. The testimony of a child witness:

a. b. c. d.

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

127. " Jero copy of a document:

a. b. c. d.

#s admissible %ould be admissible $ever admissible ,as a probative value

128. 9vidence of bad moral character in a rape case is:

a. #s admissible against a .?8year old girl b. #s admissible against a .C8year old girl c. #s admissible against a .?8year old girl if relevant and material to the issue d. #s admissible against a .C8year old girl if relevant and material to the issue
129. 9vidence to be credible must:

a. b. c. d.

come from credible lips alone :e incredible in itself %ome from credible lips and must be credible in itself %ome from a child

130. #n resolving a motion to +uash, the court shall consider no ground other

than those stated therein e cept: a. 3ouble jeopardy b. 9 tinction of the criminal action c. 9 tinction of the criminal liability d. 5ac& of jurisdiction over the subject matter or offense charged.
131. Where the criminal action has already been filed in the proper court, the

application for the issuance of a search warrant for the seizure of the instrument used in the commission of the crime may be filed in: a. "ny %ourt in the province where the instrument is &ept. b. The proper %ourt where the criminal action has been filed or is pending c. "ny %ourt in the 4udicial region where the crime was committed d. #n any %ourt within the 4udicial -egion where the accused resides
132. " money claim against the estate of a decedent which is not filed within

the period fi ed in the ;$AT#%9< to creditors to file their claims: #s forever barred 1ay be enforced by action by the creditor against the e ecutor or administrator of the decedent. c. 1ay be raised as a counterclaim in a suit brought against the creditor by the e ecutor or administrator of the decedent. d. 1ay be ordered paid by the %ourt, if there is a residue of the estate after all the claims against such estate have been fair.
a. b. 133. Where the estate of a resident is escheated:

a. ,is personal properties shall be assigned to the municipality or city where they are located. b. ,is real properties shall be assigned to the municipality or city where he last resided. c. "ll his personal and legal properties shall be assigned to the province. d. ,is 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.
134. Ane of those actions cannot be brought against an e ecutor 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.
135. The order fi ing the date and time of the hearing of the petition for

guardianship or a minor or incompetent residing in the Philippines: a. 1ust be published in a newspaper of general circulation in the province where the minor or incompetent resides for ()* consecutives wee&s prior to the hearing. b. 1ust be published in a newspaper of general circulation in the province where the petitioner resides for three ()* consecutive wee&s prior to the hearing. c. 1ust be published in a newspaper of general circulation in the Philippines for three ()* consecutive wee&s prior the hearing. d. #s not re+uired to re published in any newspaper
136. " judgment on the pleadings:

a. 1ay aware all the reliefs prayed for in the complaint, regardless of their nature b. 1ay not aware the claims for attorney6s fees and actual damages in any event. c. 1ay award claims for attorney6s fees and actual damages at the discretion of the %ourt. d. 1ay award claims for attorney6s fees and actual damages if there is evidence adduced by the plaintiff in support thereof.
137. Ane of these statements is not correct: " party may impeach his own

witness by8 a. %ontrary evidence b. 9vidence that his general honesty, integrity and truth is bad c. 9vidence of his bad character d. 9vidence of his having been convicted of all offense
138. " second 1otion for $ew Trial in a civil action:

a. #s never allowed b. "llowed only if the ground thereof was not yet e istence when the first motion for $ew Trial was filed. c. "llowed on any ground d. #s allowed only at the discretion of the %ourt
139. Ane of these statements is not correct: The parol evidence rule8

a. "pplies only to written agreements and wills. b. "pplies only to the parties thereto and their successors8in8interest.

c. 3oes 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. "pplies 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
140. %hoose from among the grounds below for dismissal of petition for

certiorari the ground which will which sustain the issuance of writ of certiorari. a. #f it is patently without merit. b. #f the act complained of was committed with grave abuse of discretion amounting to lac& or e cess of jurisdiction. c. #f the +uestions raised are too insubstantial to re+uire consideration. d. #f it is prosecuted manifestly for delay.
141.

" judgment or final order or resolution of the %ommission on 9lections or %ommission on "udit may be brought by the aggrieved party to the 'upreme %ourt on certiorari under -ule ?/ ('ection @, -ule ?> of the -evised -ules of %ourt*. "ssuming upon receipt by the aggrieved party of the decision of the %omelec on 3ecember ./, @00? the aggrieved party files a motion for reconsideration of the decision. The motion for reconsideration was denied per resolution of the %omelec, a copy of which was received by aggrieved party today. Within what time should the petition be filed by the petitioner with the 'upreme %ourt? #t should be filed within: a. The fresh period of )0 ()0* days rec&oned from receipt of the denial resolution: b. The fresh period of twenty (@0* days rec&oned from receipt of the denial resolution: c. The fresh period of fifteen (./* days rec&oned from receipt of the denial resolution: d. The remaining period but not less than five (/* days in any event, rec&oned from the receipt of the denial resolution.

142. G with the use of force entered into the premises belonging to D with an

assessed value of P@0, 000.00. The latter demanded the vacation of the premises but the former refused to vacate despite the e piration of fifteen day notice to vacate on 3ecember )., @00/. Gour services were engaged today by G to enforce his right. What action would you file? a. # would file an action for recovery of possession of the property with the -T% of the place where the property is dispute is located. b. # would file an action to +uiet the title of my client with the -T% of the place where the property is located, plus damages. c. # would file an action for unlawful detainer with the 1T% of the place where the property is located, damages and prayer for issuance of the preliminary mandatory injunction in order to compel G to vacate the premises. d. # would file an action for forcible entry with 1T% of the place where the property is located with prayer for the issuance of preliminary mandatory injunction in order to compel G to vacate the premises.
143. J was furnished a copy of the decision on 3ecember .0, @00? he filed a

motion for new trial on 3ecember .E, @00?. An 3ecember @@, @00?, the motion was denied and J received a copy of the order on 3ecember @K, @00?. When J shall ta&e his appeal? Why?

#t must be observed that 3ecember .0, the day J received a computation of a period ("rt. .), $ew %ivil %ode*. 3ecember .E, @00?, the day when he filed a motion for new trial, should not li&ewise included in the period as the first is e cluded and the last day included 4anuary. The period to run again on 3ecember @K, @00? Therefore: a. b. c. d. 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 cler& of court. c. When the final order considers and determines the rights of the parties as those rights presently e ist, upon matters submitted in an action or proceeding. d. When the final order was signed by the judge personally and filed with the cler& of court but does not state the reason or basis therefore.
145. %hoose one effect from the following which does not arise or result from

J should ta&e his appeal on or before 4anuary ), @00E. J should ta&e his appeal on or before 4anuary >, @00E. J should ta&e his appeal on or before 4anuary /, @00E. J should ta&e his appeal on or before 4anuary ?, @00E.

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

the filing of demurrer to evidence. a. The defendant does not waive his right to offer evidence in the event his motion was denied. b. When the accused filed demurrer to evidence without e press 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. #f 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. #n case of reversal, the appellate court shall render judgment for the plaintiff based on the evidence alone.
146. Af the four instances below, choose one when injunction is not proper:

a. b. c. d.

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

147. %hoose the judicial proceeding below in which a writ of habeas corpus

can not be availed of as conse+uence thereof: a. Where there has been deprivation of a constitutional right resulting in the restraint of a person. b. Where an e cessive penalty has been imposed, such sentence is void as to such e cess. c. Where the petitioner has been unable to establish by evidence to be entitled to the custody of the minor on account of mista&en identity. d. Where the lower court had no jurisdiction to impose the sentence.

148. "n appeal in habeas corpus case shall be perfected by filing the notice of

appeal with the cler& of court or judge who rendered the judgment within: a. b. c. d. ./ days from notice of judgment. )0 days from notice of judgment. / days from notice of judgment. >K hours from notice of judgment.

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

a. b. c. d.

"ny -egional Trial %ourt judge. The %ourt of Ta "ppeals or any member thereof. The %ourt of "ppeal or any member of thereof. The 'upreme %ourt or any thereof.

150. The 'andiganbayan:

a. ,as no jurisdiction over petitions for prohibition, certiorari or mandamus. b. ,as jurisdiction, if it is in an aid of its "ppellate 4urisdiction. c. ,as jurisdiction regardless of whether it is in aid of its appellate jurisdiction or not.
151. " petition for review on certiorari filed with the 'upreme %ourt:

a. 1ay include an application for a writ of preliminary injunction only. b. 1ay include an application for a unit of preliminary injunction or other provisional remedies. c. 1ay not include an application for any provisional remedy.
152. The Trial %ourt, %ourt of "ppeals, the 'andiganbayan or the %ourt of Ta

"ppeals, that issued a writ of preliminary injunction against a lower court, board, officer or +uasi8judicial body: a. #s not re+uired to decide the main case or petition within a specified period from the date of the issuance of the unit. b. #s re+uired to decide the main case or petition within thirty ()0* days from the date of the issuance of the unit. c. #s re+uired to decide the main case or petition within si (?* moths the date of the issuance of the unit. d. #s not re+uired 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.
154. The unjustified absence of the plaintiff from a hearing is ground for the

dismissal of his action, if the hearing is: a. 7rom the presentation of the evidence in chief on his complaint. b. 7or the hearing of his rebuttal evidence. c. 7or the presentation of the evidence of the adverse party.
155. #n an e propriation proceeding, the plaintiff can enter upon and ta&e

possession of the property subject matter of the case: a. Anly if the decision therein is favorable and e ecutory. b. Anly after such decision has become final and e ecutory.

c. Anly before any appeal has been ta&en from such favorable decision. d. "t any stage of the proceeding before the rendition of the decision by reposting with the authorized government depositary and amount e+uivalent to the assessed value of the property, or in lieu thereof, a certificate of deposit of government ban& of the -epublic of the Philippines payable on demand to the authorized government depositary.
156. #n a foreclosure of real estate mortgage proceeding, the ;9+uity of

-edemption< over the foreclosed property: a. 3oes not e ist. b. 1ay be e ercised at any time after the sale of the foreclosed property. c. 1ay be e ercised 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.
158. The -egional Trial %ourt in which a petition for a Writ of "mparo is filed is

the one which has jurisdiction over the: 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.

159. While - was wal&ing along a deserted street in 9speranza, "gusan del

'ur, a heavily tinted van stopped behind him and five armed, mas&ed men alighted from the vehicle. The men grabbed -, threw him inside the van, blindfolded him and tied his hands behind his bac&. The van proceeded to %agayan 3e Aro %ity, passing by "gusan del $orte. #n %agayan de Aro, the group transferred to another van and went up to 1alaybalay, :u&idnon. Bpon arriving in 1alaybalay, the group met someone who, after confirming -<s identity, gave a thic& wad a peso bills to the group6s leader, T. Bsing a handgun, T shot - five times at the bac&, instantly &illing him. What crime!s was!were committed and when court!s have jurisdiction over the case!s? a. The crime committed was Lidnapping with 1urder and the -T%s of 9speranza, "gusan del $orte, %agayan de Aro and :u&idnon have concurrent jurisdiction over the case. b. The crime committed was 1urder and the -T%s of 9speranza, "gusan 3el $orte, %agayan de Aro and :u&idnon have concurrent jurisdiction over the case. c. The crime committed was Lidnapping with 1urder and the -T% of 9speranza has e clusive jurisdiction over the case. d. The crime committed was murder and the -T% of :u&idnon has e clusive original jurisdiction over the case.
160. $, a barangay tanod, also moonlights as driver of cargo forwarder,

transporting goods and materials to and from the 1anila 'outh pier. Ane night, while driving one of the employer6s cargo truc&s to the pier, $ met a road mishap resulted in the opening of some of the crates in the truc&6s cargo hold. Bpon inspection, $ noticed that crates contained bags of white powdery substance. 'uspecting the substance to be shabu, $ immediately called a &umpadre narcotics agent who too& possession of the cargo for laboratory e amination. The cargo was confirmed to be shabu. The shabu6s shipper, 1, was trac&ed and prosecuted for illegal possession of shabu. 3uring the trial.

1 moved to suppress the shabu on the ground that they were the product of an unreasonable warrantless search, "s 4udge, would you e clude the evidence? a. Ges the search was unreasonable because $, a barangay tanod, is a government agent thus he should have first secure a warrant. b. $o, the warrantless search was valid under the plain view doctrine. 'upported by $6s reasonable suspicion that the white powdery substance was shabu. c. Ges, there was no probable cause to conduct a warrantless search, as shown by the fact $ had to call a narcotics agent &umpadre to determine if the spilt cargo was prohibited substance. d. $o, $ search the cargo as a private citizen thus, he can do so even without a warrant.
161. While patrolling an area &nown for high incidence of drug related

offenses, 'gt. 1atalis8mata and 'gt. :ilis8ta&bo came upon a group of five teenagers standing in the curb, near a par&ed car. Bpon seeing the patrol car, the five teenagers scampered in all directions. 'gt. :ilis8ta&bo +uic&ly alighted from the vehicle and chased the nearest teenager, ,, 'gt. :ilis8 ta&bo shouted at , to stop but , continued running. Bpon rounding a corner, , threw away something. 'gt :ilis8ta&bo, who was hot on ,6s heels scooped8 up the object, and continued the chase. 9ventually, 'gt. :ilis8ta&bo overtoo& , and patted him down. $o weapons or incriminating evidence were found. ,owever, upon e amination by the crime lab, the object , threw on the sidewal& turned out to be ;crac& cocaine<. 3uring his trial for illegal possession of prohibited substance, , objected to the admission of the crac& cocaine. "s judge would you admit the evidence? a. Ges, the search was validly done incident to the warrantless arrest based on probable cause arising from the suspect6s suspicious conduct in running away upon seeing the police car. b. $o, the search was illegal because there was no valid arrest. The suspect6s conduct of running not being sufficient to engender a well8 founded belief that the suspect was committing as a crime. c. Ges, the evidence was obtained even before the suspect was arrested rendering the rules on valid search and seizure inapplicable. d. $o, the evidence should be suppressed because the suspect was effectively already under the policeman6s control, yet there was no probable cause to effect the arrest.
162. D, who was charge with 1urder, applied for bail. "fter the bail hearing,

the -egional Trial %ourt of 3umaguete (-T%* found that the evidence against D is strong thus it denied his bail application. ,owever, after trial, the -T% 3umaguete found D guilty of ,omicide 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 ma imum and cancelled D6s bail. D had filed a notice of appeal to the %ourt of "ppeals. ,e wants to be freed on bail pending his appeal. Where should D apply for bail? a. D. should apply for bail in the -T% 3umaguete which rendered judgment against him. b. D should apply for bail in the %" as he had filed a notice of appeal of a conviction for a bailable offense. c. D should apply for bail in the -T% 3umaguete which retains residual jurisdiction over the case for purposes of granting bail pending appeal. d. D should apply for bail in the %" as the trial court had lost jurisdiction over the case upon the filing of D6s appeal.
163. "fter receiving tips that marijuana shrubs are being grown in a compound

inside a subdivision, 'gt. 5iit, a narcotics agent specializing in marijuana

horticulture, chec&ed8out the place. To his dismay, 'gt. 5iit a narcotics discovered that the compound was walled8off by a seven8foot concrete fence. To get a better view, 'gt. 5iit climbed a nearby &aimito tree. With the higher elevation, 'gt. 5iit saw in one corner of the compound a green house where meter8high , marijuana li&e shrubs were being grown. 'gt. 5iit went down the tree. Lnoc&ed on the compound6s gate, introduced himself to the lone careta&er, went inside the compound and uprooted some of the shrubs. Bpon e amination by the crime laboratory, the shrubs were confirmed to be marijuana. #n the hearing to suppress the evidence, the prosecution contended that 'gt. 5iit seized the evidence under the plain view doctrine, is this contention tenable? a. b. c. d. Ges, because it was immediately apparent to 'gt. 5iit, a marijuana horticulturist, that the shrubs were marijuana. $o, because the shrubs were not in ;plain view< as 'gt. 5iit had to climb a nearby tree to see them. Ges, because 'gt. 5iit, upon seeing the shrubs, had probable cause to believe that they were marijuana. $o, because 'gt. 5iit had to enter the compound in order to obtain a sample of the marijuana.

164. #s 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. Ges, because the search is just pro8forma and there is reduced e pectation of privacy in airports. b. $o, because such search without probable cause violates the right of passengers to the privacy of their papers. c. Ges, because the government6s interest in monitoring cases of violation of anti8piracy and pornographic laws is paramount over the passenger6s right to privacy. d. $o, because the government6s interest in instituting screening measures in transportation hubs such as airports and terminals relates to ensuring the safety of passengers, not crimes the evidence for which may be found in laptops.
165. %an 3epartment of 4ustice prosecutors conduct preliminary invitation of a

complaint for :ribery against a :#- -egional 3irector for violation of -epublic "ct )0.C ("nti8Iraft and %orrupt Practices "ct*? a. Ges, as 3A4 prosecutors6 have been with a very broad investigatory powers. b. $o, because the Ambudsman has e clusive original jurisdiction to investigate public officials and employees. c. Ges, because the 3A4 prosecutors and the Ambudsman e ercise concurrent investigatory powers over public officers. d. $o, unless the parties submit themselves to the 3A4 prosecutors6
166. Which court!s has!have jurisdiction over a case for violation of 'ection

)(e* of -epublic "ct $o. )0.C ("nti Iraft and %orrupt Practices "ct* where the defendants are a city mayor (salary grade @E*, the city tourism operations officer (salary grade ..* and a computer operator (salary grade C*? a. The proper -egional Trial %ourt since two of the respondents are officials with salary grade @E. b. The 'andiganbayan for the city mayor (salary grade @E* and the proper -egional Trial %ourt for the city tourism operations officer (salary grade ..* and computer operator (salary grade C*. c. The 'andiganbayan since one of the respondents is an official with salary grade @E.

d. The 'andiganbayan of the proper -egional Trial %ourt, depending on which court first ac+uires jurisdiction over the case.
167. %an a prosecutor conducting a preliminary investigation re+uire the

parties to submit a draft -esolutions for their respective positions (that is, for the complaint, a -esolution dismissing the complaint for lac& of probable cause* either of which he will just adopt, depending on his evaluation of the case? a. Ges, nothing in the -evised -ules of %riminal Procedure prohibits such a procedure. b. $o, as this will allow the parties to e ert undue influence on the prosecutor. c. Ges, as this will result in the prompt resolution of preliminary investigations. d. $o, because the prosecutor should personally determine whether there is probable cause to try the accused.
168. " party who has suffered damages due to the issuance of an improper

irregular or e cessive attachment against him may claim such damages: a. Anly after the judgement has become final e ecutory b. Anly in a separate action against the party who secured the writ of attachment. c. #n 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 e ecutory.
169. Who may not grant a writ of habeas corpus?

a. "ny -egional Trial court judge b. The court of ta appeals or any members thereof c. The court of appeals or any member thereof d. The 'upreme %ourt or any member thereof
170. #f 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: 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.
171. %hoose from among the grounds below for the dismissal of the petition

for certiorari the ground which will sustain the issuance of writ of certiorari. a. if it is patently without merit b. if the act of was committed with grave abuse of discretion amounting to lac& or e cess of jurisdiction c. if the +uestions raised are too insubstantial to re+uire considerationH or d. if it is prosecuted manifestly for delay
172. The mode appeal from the decision of the -egional Trial %ourt rendered

in the e ercise of its appellate jurisdiction is by: a. Petition for review under rule >@. b. Petition for review on certiorari under -ule >/. c. " notice of appeal filed with the -egional Trial %ourt.
173. %hoose one effect from the following which does not arise or result from

the filing of demurrer to evidence. a. The defendant does not waive his right to offer evidence in the event his motion is denied.

b. #n case of reversal, the appellate court shall render judgement for the plaintiff base on the evidence alone. c. #f 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 cler& 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 e ist, 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 cler& of court.
175. ;J< sued ;G< who is in answer generally denied the material allegations in

the complaint. ;J< should file a a. b. c. d. e. 3emurrer to evidence " motion for judgment on the pleadings. " motion for bill of particulars " motion for summary judgment " reply to the answer

176. %hoose the judicial proceedings below in which a writ of habeas corpus

can not be availed of as conse+uence thereof a. Where there has been deprivation of a constitutional right resulting in the resistant of a person b. Where an e cessive penalty has been imposed, as such sentence is void as to such e cess. c. Where the petitioner has been unable to establish by the evidence to be entitled to the custody of the minor on account of mista&en identity. d. Where the lower court had no jurisdiction to impose the sentence. .EE. The pendency of a special civil action under -ule ?/ produces the following effect: a. #t interrupts the course of the principal case. b. #t interrupts the course of the principal case 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 to await the decision in the special civil action.

ANSWER KEY IN REMEDIAL LAW REVIEW .. : @. " 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 /?. % /E. : 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 .... " ..@. % 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 .??. % .?E. 3 168. C 169. B 170. D 171. B 172. A 173. D 174. B 175. B 176. C 177. B