Remedial Law MCQ 2011.doc

8/10/2019 Remedial Law MCQ 2011.doc

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Bar Examination Questionnaire for Remedial Law

Set A

(1) Anna filed a petition for appointment as regular administratrix of her fathers' estate. Her sister Sophiamoved to dismiss the petition on the ground that the parties, as members of the same family, have not exertedearnest effort toward a ompromise prior to the filing of the petition. Should the petition be dismissed!

(A) "es, sine suh earnest effort is #urisditional in all estate ases.

($) %o, sine suh earnest effort is not re&uired in speial proeedings.

() "es, sine suh earnest effort is re&uired prior to the filing of the ase.

() %o, sine suh earnest effort toward a ompromise is not re&uired in summary proeedings.

() A pending riminal ase, dismissed provisionally, shall be deemed permanently dismissed if not revivedafter years with respet to offenses punishable by imprisonment

(A) of more than 1 years.

($) not exeeding * years or a fine not exeeding +1,..

() of more than * years or a fine in exess of +1,..

() of more than * years.

(-) Angie was onvited of false testimony and served sentene. ive years later, she was onvited ofhomiide. /n appeal, she applied for bail. 0ay the ourt of Appeals deny her appliation for bail on ground ofhabitual delin&ueny!

(A) "es, the felonies are both punishable under the evised +enal ode.

($) "es, her twin onvitions indiated her riminal inlinations.

() %o, the felonies fall under different titles in the evised +enal ode.

() %o, the harges are both bailable.

(2) 3hih of the following is %/4 /%S5S46%4 with the rules governing expropriation proeedings!

(A) 4he ourt shall delare the defendant who fails to answer the omplaint in default and render#udgment against him.

($) 4he ourt shall refer the ase to the $oard of ommissioners to determine the amount of #ust

ompensation.

() 4he plaintiff shall ma7e the re&uired deposit and forthwith ta7e immediate possession of theproperty sought to be expropriated.

() 4he plaintiff may appropriate the property for publi use after #udgment and payment of theompensation fixed in it, despite defendant8s appeal.


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(9) 3hih of the following is a orret statement of the rule on amendment of the information in a riminalproeeding!

(A) An amendment that downgrades the offense re&uires leave of ourt even before the ausedpleads.

($) Substantial amendments are allowed with leave of ourt before the aused pleads.

() /nly formal amendments are permissible before the aused pleads.

() After the plea, a formal amendment may be made without leave of ourt.

(*) :ary who lived in 4aguig borrowed +1 million from ey who lived in 0a7ati under a ontrat of loan thatfixed 0a7ati as the venue of any ation arising from the ontrat. :ary had already paid the loan but ey 7epton sending him letters of demand for some balane. 3here is the venue of the ation for harassment that :arywants to file against ey!

(A) 5n 0a7ati sine the intent of the party is to ma7e it the venue of any ation between them whetherbased on the ontrat or not.

($) 5n 4aguig or 0a7ati at the option of :ary sine it is a personal in#ury ation.

() 5n 4aguig sine ey reeived the letters of demand there.

() 5n 0a7ati sine it is the venue fixed in their ontrat.

(;) 3hih of the following is %/4 within the power of a #udiial reeiver to perform!

(A) $ring an ation in his name.

($) ompromise a laim.

() ivide the residual money in his hands among the persons legally entitled to the same.

() 5nvest the funds in his hands without ourt approval.

() 4he 0etropolitan 4rial ourt onvited ?irgilio and ina of onubinage. +ending appeal, they applied forbail, laiming they are entitled to it as a matter of right. 5s their laim orret!

(A) %o, bail is not a matter of right after onvition.

($) "es, bail is a matter of right in all ases not involving moral turpitude.


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() %o, bail is dependent on the ris7 of flight.

() "es, bail is a matter of right in the 0etropolitan 4rial ourt before and after onvition.

(1) As a rule, the #udge shall reeive the evidene personally. 5n whih of the following irumstanes may theourt delegate the reeption of evidene to the ler7 of ourt!

(A) 3hen a &uestion of fat arises upon a motion.

($) 3hen the trial of an issue of fat re&uires the examination of a long aount.

() 5n default or ex@parte hearings.

() pon motion of a party on reasonable grounds.

(11) 3hih of the following is in aord with the appliable rules on reeivership!

(A) 4he ourt may appoint the plaintiff as reeiver of the property in litigation over the defendant8sob#etion.

($) A reeiver may be appointed after #udgment if the #udgment obligor refuses to apply his property tosatisfy the #udgment.

() 4he trial ourt annot appoint a reeiver when the ase is on appeal.

() 4he filing of bond on appointment of a reeiver is mainly optional.

(1) $earing in mind the distintion between private and publi doument, whih of the following is admissiblein evidene without further proof of due exeution or genuineness!

(A) $aptismal ertifiates.

($) /ffiial reord of the +hilippine 6mbassy in Singapore ertified by the ?ie@ onsul with offiialseal.

() ouments a7nowledged before a %otary +ubli in Hong Bong.

() nblemished reeipt dated eember , 1>


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(A) the intervenor has a ommon interest with any of the parties.

($) it would enlarge the issues and expand the sope of the remedies.

() the intervenor fails to put up a bond for the protetion of the other parties.

() the intervenor has a sta7e in the property sub#et of the suit.

(19) 3hih of the following grounds for dismissal invo7ed by the ourt will %/4 +6C6 the plaintiff fromrefiling his ation!

(A) es #udiata.

($) Ca7 of #urisdition over the sub#et matter.

() nenforeability under the Statutes of raud.

() +resription.

(1*) 3hen may a o@owner %/4 demand the partition of the thing owned in ommon!

(A) 3hen the reditor of one of the o@owners has attahed the property.

($) 3hen the property is essentially indivisible.

() 3hen related o@owners agreed to 7eep the property within the family.

() 3hen a o@owner uses the property as his residene.

(1;) 4he ity proseutor of 0anila filed, upon Soledad8s omplaint, a riminal ation for estafa against hersister, 3ella, before the 4 of 0anila for selling to ?itor a land that she previously sold to Soledad. At the

same time Soledad filed a ivil ation to annul the seond sale before the 4 of DueEon ity. 0ay the 0anila4 motu proprio suspend the riminal ation on ground of pre#udiial &uestion!

(A) "es, if it may be learly inferred that omplainant will not ob#et to the suspension of the riminalase.

($) %o, the aused must file a motion to suspend the ation based on pre#udiial &uestion.

() "es, if it finds from the reord that suh pre#udiial &uestion exists.

() "es, if it is onvined that due proess and fair trial will be better served if the riminal ase issuspended.

(1


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() 4he plaintiff may apply for the writ at any time before #udgment.

(1>) :erry sued F"G $us o. and io, its bus driver, for in#uries :erry suffered when their bus ran off the roadand hit him. /f the two defendants, only F"G $us o. filed an answer, alleging that its bus ran off the roadbeause one of its wheels got aught in an open manhole, ausing the bus to swerve without the driver8s fault.Someone had stolen the manhole over and the road gave no warning of the danger it posed. /n :erry8smotion and over the ob#etion of F"G $us o., the ourt delared io, the bus driver, in default and rendered#udgment ordering him to pay +9, in damages to :erry. id the ourt at orretly!

(A) %o, sine the ourt should have tried the ase against both defendants upon the bus ompany8sanswer.

($) %o, the ourt should have dropped io as defendant sine the moneyed defendant is the busompany.

() "es, the ourt an, under the rules, render #udgment against the defendant delared in default.

() "es, sine, in failing to answer, io may be deemed to have admitted the allegations in theomplaint.

() 3hih of the following has %/ +CA6 in an appliation for a replevin order! A statement

(A) that the property is wrongfully detained by the adverse party.

($) that the property has not been distrained for a tax assessment or plaed under ustodia legis.

() of the assessed value of the property.

() that the appliant owns or has a right to the possession of the property.

(1) >;@1 5n whih of the following instanes is the &uantum of evidene 6/%6/SC" applied!

(A) in 3rit of Amparo ases, substantial evidene.

($) to satisfy the burden of proof in ivil ases, preponderane of evidene.

() to overome a disputable presumption, lear and onvining evidene.

() to rebut the presumptive validity of a notarial doument, substantial evidene.

() 4he aused #umps bail and fails to appear on promulgation of #udgment where he is found guilty. 3hat isthe onse&uene of his absene!

(A) ounsel may appeal the #udgment in the absene of the aused.

($) 4he #udgment shall be promulgated in his absene and he loses his right of appeal.

() 4he promulgation of the #udgment shall be suspended until he is brought to the #urisdition of theourt.

() 4he #udgment shall be void.


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(-) 3hat should the ourt sheriff do if a third party serves on him an affidavit of laim overing the property hehad levied!

(A) As7 the #udgment obligee to file a ourt@approved indemnity bond in favor of the third@partylaimant or the sheriff will release the levied property.

($) As7 the #udgment obligee to file a ourt@approved bond for the sheriff8s protetion in ase heproeeds with the exeution.

() 5mmediately lift the levy and release the levied property.

() As7 the third@party laimant to support his laim with an indemnity bond in favor of the #udgmentobligee and release the levied property if suh bond is filed.

(2) 3hih of the following is %/4 6:A6 as a suffiient proof of personal servie of pleadings!

(A) /ffiial return of the server.

($) egistered mail reeipt.

() 3ritten admission of the party served.

() Affidavit of the server with a statement of the date, plae and manner of servie.

(9) A sued $ for e#etment. +ending trial, $ died, survived by his son, . %o substitution of party defendantwas made. pon finality of the #udgment against $, may the same be enfored against !

(A) "es, beause the ase survived $8s death and the effet of final #udgment in an e#etment asebinds his suessors in@interest.

($) %o, beause was denied due proess.

() "es, beause the negligene of $8s ounsel in failing to as7 for substitution, should not pre#udie A.

() %o, beause the ation did not survive $8s death.

(*) 3hat is the proper remedy to seure relief from the final resolutions of the ommission /n Audit!

(A) +etition for review on ertiorari with the Supreme ourt.

($) Speial ivil ation of ertiorari with the ourt of Appeals.

() Speial ivil ation of ertiorari with the Supreme ourt.

() Appeal to the ourt of Appeals.

(;) 3hih of the following is a duty en#oined on the guardian and overed by his bond!

(A) +rovide for the proper are, ustody, and eduation of the ward.

($) 6nsure the wise and profitable investment of the ward8s finanial resoures.


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() ollet ompensation for his servies to the ward.

() aise the ward to beome a responsible member of soiety.

() 3hih of the following laims survive the death of the defendant and need not be presented as a laim

against the estate!

(A) ontingent money laims arising from ontrat.

($) nenfored money #udgment against the deedent, with death ourring before levy on exeutionof the property.

() laims for damages arising from &uasi@delit.

() laims for funeral expenses.

(-) 5n a ase, the proseutor as7ed the medial expert the &uestion, Assuming that the assailant was behind

the deeased before he atta7ed him, would you say that treahery attended the 7illing! 5s this hypothetial&uestion permissible!

(A) %o, sine it as7s for his legal opinion.

($) "es, but onditionally, sub#et to subse&uent proof that the assailant was indeed behind thedeeased at that time.

() "es, sine hypothetial &uestions may be as7ed of an expert witness.

() %o, sine the medial expert has no personal 7nowledge of the fat.

(-1) 4he ity proseutor harged $en with serious physial in#uries for stabbing 4erene. He was tried and

onvited as harged. A few days later, 4erene died due to severe infetion of his stab wounds. an theproseution file another information against $en for homiide!

(A) "es, sine 4erene8s death shows irregularity in the filing of the earlier harge against him.

($) %o, double #eopardy is present sine $en had already been onvited of the first offense.

() %o, there is double #eopardy sine serious physial in#uries is neessarily inluded in the harge ofhomiide.


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() "es, sine supervening event altered the 7ind of rime the aused ommitted.

(-) Arvin was aught in flagrante delito selling drugs for +,.. 4he polie offiers onfisated thedrugs and the money and brought them to the polie station where they prepared the inventory duly signed bypolie offier /sar 0oreno. 4hey were, however, unable to ta7e pitures of the items. 3ill this defiienydestroy the hain of ustody rule in the drug ase!

(A) %o, a breah of the hain of ustody rule in drug ases, if satisfatorily explained, will not negateonvition.

($) %o, a breah of the hain of ustody rule may be offset by presentation in ourt of the drugs.

() "es, hain of ustody in drug ases must be stritly observed at all times to preserve the integrityof the onfisated items.

() "es, ompliane with the hain of ustody rule in drug ases is the only way to prove the aused8sguilt beyond reasonable doubt.

(--) A sued $ in the 4 of DueEon ity, #oining two auses of ationI for partition of real property and breah

of ontrat with damages. $oth parties reside in DueEon ity but the real property is in 0anila. 0ay the ase bedismissed for improper venue!

(A) "es, sine auses of ation pertaining to different venues may not be #oined in one ation.

($) %o, sine auses of ation pertaining to different venues may be #oined in the 4 if one of theauses of ation falls within its #urisdition.

() "es, beause speial ivil ation may not be #oined with an ordinary ivil ation.

() %o, sine plaintiff may un&ualifiedly #oin in one omplaint as many auses of ation as he hasagainst opposing party.

(-2) 3hat is the dotrine of #udiial stability or non interferene!

(A) /ne #urisdition has attahed to a ourt, it an not be deprived of it by subse&uent happenings orevents.

($) ourts will not hear and deide ases involving issues that ome within the #urisdition ofadministrative tribunals.

() %o ourt has the authority to interfere by in#untion with the #udgment of another ourt ofoordinate #urisdition.

() A higher ourt will not entertain diret resort to it unless the redress sought annot be obtainedfrom the appropriate ourt.

(-9) 3hih of the following admissions made by a party in the ourse of #udiial proeedings is a #udiialadmission!

(A) Admissions made in a pleading signed by the party and his ounsel intended to be filed.

($) An admission made in a pleading in another ase between the same parties.


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10/23

demanded the return of his money. Arthur did not omply. 0eantime, his ompany reassigned Arthur toSingapore. $ren filed a ivil ation against Arthur for ontratual fraud and damages. pon his appliation, theourt issued a writ of preliminary attahment on the grounds that (a) Arthur is a foreignerJ (b) he departed fromthe +hilippinesJ and () he was guilty of fraud in ontrating with $ren. 5s the writ of preliminary attahmentproper!

(A) %o, Arthur is a foreigner living abroadJ he is outside the ourt8s #urisdition.

($) "es, Arthur ommitted fraud in hanging the sound system and its omponents before deliveringthe ar bought from him.

() "es the timing of his departure is presumptive evidene of intent to defraud.

() %o, sine it was not shown that Arthur left the ountry with intent to defraud $ren.

(21) 3hat is the movant8s remedy if the trial ourt inorretly denies his motion to dismiss and related motionfor reonsideration!

(A) Answer the omplaint.

($) ile an administrative ation for gross ignorane of the law against the trial #udge.

() ile a speial ivil ation of ertiorari on ground of grave abuse of disretion.

() Appeal the orders of denial.

(2) uring trial, plaintiff offered evidene that appeared irrelevant at that time but he said he was eventuallygoing to relate to the issue in the ase by some future evidene. 4he defendant ob#eted. Should the trial ourtre#et the evidene in &uestion on ground of irrelevane!

(A) %o, it should reserve its ruling until the relevane is shown.

($) "es, sine the plaintiff ould anyway subse&uently present the evidene anew.

() "es, sine irrelevant evidene is not admissible.

() %o, it should admit it onditionally until its relevane is shown.

(2-) $en testified that =aime, harged with robbery, has ommitted bag@snathing three times on the samestreet in the last six months. an the ourt admit this testimony as evidene against =aime!

(A) %o, sine there is no showing that $en witnessed the past three robberies.

($) "es, as evidene of his past propensity for ommitting robbery.

() "es, as evidene of a pattern of riminal behavior proving his guilt of the present offense.

() %o, sine evidene of guilt of a past rime is not evidene of guilt of a present rime.

(22) 3hat is the right orrelation between a riminal ation and a petition for 3rit of Amparo both arising fromthe same set of fats!

(A) 3hen the riminal ation is filed after the Amparo petition, the latter shall be dismissed.


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($) 4he proeeding in an Amparo petition is riminal in nature.

() %o separate riminal ation may be instituted after an Amparo petition is filed.

() 3hen the riminal ation is filed after the Amparo petition, the latter shall be onsolidated with thefirst.

(29) Alex filed a petition for writ of amparo against 0elba relative to his daughter 4oni's involuntarydisappearane. Alex said that 0elba was 4oni's employer, who, days before 4oni disappeared, threatened toget rid of her at all osts. /n the other hand, 0elba ountered that she had nothing to do with 4oni'sdisappearane and that she too7 steps to asertain 4oni's whereabouts. 3hat is the &uantum of evidenere&uired to establish the parties' respetive laims!

(A) or Alex, probable auseJ for 0elba, substantial evidene.

($) or Alex, preponderane of evideneJ for 0elba, substantial evidene.

() or Alex, proof beyond reasonable doubtJ for 0elba, ordinary diligene.

() or both, substantial evidene.

(2*) 5n whih of the following situations is the delaration of a deeased person against his interest %/4A05SS5$C6 against him or his suessors and against third persons!

(A) elaration of a #oint debtor while the debt subsisted.

($) elaration of a #oint owner in the ourse of ownership.

() elaration of a former o@partner after the partnership has been dissolved.

() elaration of an agent within the sope of his authority.

(2;) efendant ante said in his answerI 1. +laintiff +erla laims that defendant ante owes her +2, onthe mobile phone that she sold himJ . $ut +erla owes ante +*, for the dent on his ar that she borrowed.How should the ourt treat the seond statement!

(A) A ross laim

($) A ompulsory ounterlaim

() A third party omplaint

() A permissive ounterlaim

(2


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() He will demolish the improvements on speial order of the ourt, obtained at the #udgmentobligee8s motion.

() He will inform the ourt of the #udgment obligor8s nonompliane and proeed to demolish theimprovements.

(2>) 3hen may the bail of the aused be anelled at the instane of the bondsman!

(A) 3hen the aused #umps bail.

($) 3hen the bondsman surrenders the aused to the ourt.

() 3hen the aused fails to pay his annual premium on the bail bond.

() 3hen the aused hanges his address without notie to the bondsman.

(9) 3hih of the following 05SS4A46S a re&uisite for the issuane of a searh warrant!

(A) 4he warrant speifially desribes the plae to be searhed and the things to be seiEed.

($) +resene of probable ause.

() 4he warrant issues in onnetion with one speifi offense.

() =udge determines probable ause upon the affidavits of the omplainant and his witnesses.

(91) anger 0otors filed a replevin suit against $art to reover possession of a ar that he mortgaged to it. $artdisputed the laim. 0eantime, the ourt allowed, with no opposition from the parties, 0idway epair Shop tointervene with its laim against $art for unpaid repair bills. /n subse&uent motion of anger 0otors and $art,the ourt dismissed the omplaint as well as 0idway epair Shop8s intervention. id the ourt at orretly!

(A) %o, sine the dismissal of the intervention bars the right of $art to file a separate ation.

($) "es, intervention is merely ollateral to the prinipal ation and not an independent proeeding.

() "es, the right of the intervenor is merely in aid of the right of the original party, whih in this asehad eased to exist.

() %o, sine having been allowed to intervene, the intervenor beame a party to the ation, entitled tohave the issue it raised tried and deided.

(9) 4he aused was onvited for estafa thru falsifiation of publi doument filed by one of two offendedparties. an the other offended party harge him again with the same rime!

(A) "es, sine the wrong done the seond offended party is a separate rime.

($) %o, sine the offense refers to the same series of at, prompted by one riminal intent.

() "es, sine the seond offended party is entitled to the vindiation of the wrong done him as well.

() %o, sine the seond offended party is in estoppel, not having #oined the first riminal ation.


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(9-) Henry testified that a month after the robbery Asiong, one of the aused, told him that arlos was one ofthose who ommitted the rime with him. 5s Henry8s testimony regarding what Asiong told him admissible inevidene against arlos!

(A) %o, sine it is hearsay.

($) %o, sine Asiong did not ma7e the statement during the onspiray.

() "es, sine it onstitutes admission against a o@onspirator.

() "es, sine it part of the res gestae.

(92) orothy filed a petition for writ of habeas orpus against her husband, oy, to get from him ustody of their9 year old son, =eff. 4he ourt granted the petition and re&uired oy to turn over =eff to his mother. oy soughtreonsideration but the ourt denied it. He filed a notie of appeal five days from reeipt of the order denyinghis motion for reonsideration. id he file a timely notie of appeal!

(A) %o, sine he filed it more than days after reeipt of the deision granting the petition.

($) %o, sine he filed it more than days after reeipt of the order denying his motion forreonsideration.

() "es, sine he filed it within 19 days from reeipt of the denial of his motion for reonsideration.

() "es, sine he filed it within ; days from reeipt of the denial of his motion for reonsideration.

(99) Angel Bubeta filed a petition to hange his first name Angel. After the re&uired publiation but before anyopposition ould be reeived, he filed a notie of dismissal. 4he ourt onfirmed the dismissal withoutpre#udie. ive days later, he filed another petition, this time to hange his surname Bubeta. Again, Angel fileda notie of dismissal after the publiation. 4his time, however, the ourt issued an order, onfirming thedismissal of the ase with pre#udie. 5s the dismissal with pre#udie orret!

(A) "es, sine suh dismissal with pre#udie is mandatory.

($) %o, sine the rule on dismissal of ation upon the plaintiff8s notie does not apply to speialproeedings.

() %o, sine hange of name does not involve publi interest and the rules should be liberallyonstrued.

() "es, sine the rule on dismissal of ation upon the plaintiff8s notie applies and the two asesinvolve a hange in name.

(9*) A omplaint without the re&uired verifiation

(A) shall be treated as unsigned.

($) la7s a #urisditional re&uirement.

() is a sham pleading.

() is onsidered not filed and should be expunged.


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(9;) 4he deisions of the ommission on 6letions or the ommission on Audit may be hallenged by

(A) petition for review on ertiorari filed with the Supreme ourt under ule 29.

($) petition for review on ertiorari filed with the ourt of Appeals under ule 2.

() appeal to the Supreme ourt under ule 92.

() speial ivil ation of ertiorari under ule *9 filed with the Supreme ourt.

(9) Apart from the ase for the settlement of her parents' estate, $etty filed an ation against her sister, Sigma,for reonveyane of title to a piee of land. $etty laimed that Sigma forged the signatures of their late parentsto ma7e it appear that they sold the land to her when they did not, thus pre#udiing $etty8s legitime. Sigmamoved to dismiss the ation on the ground that the dispute should be resolved in the estate proeedings. 5sSigma orret!

(A) "es, &uestions of ollation should be resolved in the estate proeedings, not in a separate ivilase.

($) %o, sine &uestions of ownership of property annot be resolved in the estate proeedings.

() "es, in the sense that $etty needs to wait until the estate ase has been terminated.

() %o, the filing of the separate ation is properJ but the estate proeeding must be suspendedmeantime.

(*) 3hat is the onse&uene of the un#ustified absene of the defendant at the pre@trial!

(A) 4he trial ourt shall delare him as in default.

($) 4he trial ourt shall immediately render #udgment against him.

() 4he trial ourt shall allow the plaintiff to present evidene ex@parte.

() 4he trial ourt shall expunge his answer from the reord.

(*1) 3hat is the remedy of the aused if the trial ourt erroneously denies his motion for preliminaryinvestigation of the harge against him!

(A) 3ait for #udgment and, on appeal from it, assign suh denial as error.


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($) %one sine suh order is final and exeutory.

() As7 for reonsiderationJ if denied, file petition for ertiorari and prohibition.

() Appeal the order denying the motion for preliminary investigation.

(*) 3hih of the following renders a omplaint for unlawful detainer defiient!

(A) 4he defendant laims that he owns the sub#et property.

($) 4he plaintiff has tolerated defendant8s possession for years before demanding that he vaate it.

() 4he plaintiff8s demand is for the lessee to pay ba7 rentals or vaate.

() 4he lessor institutes the ation against a lessee who has not paid the stipulated rents.

(*-) 5n a #udiial forelosure proeeding, under whih of the following instanes is the ourt %/4 ACC/36 torender defiieny #udgment for the plaintiff!

(A) 5f the mortgagee is a ban7ing institution.

($) if upon the mortgagor8s death during the proeeding, the mortgagee submits his laim in the estateproeeding.

() 5f the mortgagor is a third party who is not solidarily liable with the debtor.

() 5f the mortgagor is a non@resident person and annot be found in the +hilippines.

(*2) 5n whih of the following ases is the plaintiff the real party in interest!

(A) A reditor of one of the o@owners of a parel of land, suing for partition

($) An agent ating in his own name suing for the benefit of a dislosed prinipal

() Assignee of the lessor in an ation for unlawful detainer

() An administrator suing for damages arising from the death of the deedent

(*9) 4he defendant in an ation for sum of money filed a motion to dismiss the omplaint on the ground ofimproper venue. After hearing, the ourt denied the motion. 5n his answer, the defendant laimed presription ofation as affirmative defense, iting the date alleged in the omplaint when the ause of ation arued. 0aythe ourt, after hearing, dismiss the ation on ground of presription!

(A) "es, beause presription is an exeption to the rule on /mnibus 0otion.

($) %o, beause affirmative defenses are barred by the earlier motion to dismiss.

() "es, beause the defense of presription of ation an be raised at anytime before the finality of#udgment.

() %o, beause of the rule on /mnibus 0otion.


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(**) 3hat is the effet of the failure of the aused to file a motion to &uash an information that harges twooffenses!

(A) He may be onvited only of the more serious offense.

($) He may in general be onvited of both offenses.

() 4he trial shall be void.

() He may be onvited only of the lesser offense.

(*;) 3hih of the following is a orret appliation of the rules involved in onsolidation of ases!

(A) onsolidation of ases pending in different divisions of an appellate ourt is not allowed.

($) 4he ourt in whih several ases are pending involving ommon &uestions of law and fats mayhear initially the prinipal ase and suspend the hearing in the other ases.

() onsolidation of ases pending in different branhes or different ourts is not permissible.

() 4he onsolidation of ases is done only for trial purposes and not for appeal.

(*) raud as a ground for new trial must be extrinsi as distinguished from intrinsi. 3hih of the followingonstitutes extrinsi fraud!

(A) ollusive suppression by plaintiff8s ounsel of a material evidene vital to his ause of ation.

($) se of per#ured testimony at the trial.

() 4he defendant8s fraudulent representation that aused damage to the plaintiff.

() se of falsified douments during the trial.

(;) pon review, the Seretary of =ustie ordered the publi proseutor to file a motion to withdraw theinformation for estafa against Sagun for la7 of probable ause. 4he publi proseutor omplied. 5s the trialourt bound to grant the withdrawal!

(A) "es, sine the proseution of an ation is a prerogative of the publi proseutor.

($) %o, sine the omplainant has already a&uired a vested right in the information.


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() %o, sine the ourt has the power after the ase is filed to itself determine probable ause.

() "es, sine the deision of the Seretary of =ustie in riminal matters is binding on ourts.

(;1) nexplained or un#ustified non@#oinder in the omplaint of a neessary party despite ourt order results in

(A) the dismissal of the omplaint.

($) suspension of proeedings.

() ontempt of ourt.

() waiver of plaintiff8s right against the unpleaded neessary party.

(;) 3hih of the following A%%/4 be disputably presumed under the rules of evidene!

(A) 4hat the thing one proved to exist ontinues as long as is usual with things of that nature.

($) 4hat the law has been obeyed.

() 4hat a writing is truly dated.

() 4hat a young person, absent for 9 years, it being un7nown whether he still lives, is onsidereddead for purposes of suession.

(;-)


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($) in riminal ases, the proseution may prove the bad moral harater of the aused to prove hisriminal predisposition.

() in riminal ases, the bad moral harater of the offended party may not be proved.

() when it is evidene of the good harater of a witness even prior to impeahment.

(;*) F8s ation for sum of money against " amounting to +


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(


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(A) An error in the desription of the land devised in the will.

($) 4he inlusion for distribution among the heirs of properties not belonging to the testator.

() 4he testator intended a donation intervivos but unwittingly exeuted a will.

() An error in the name of the person nominated as exeutor.

(


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(>-) 3hih of the following stipulations in a ontrat will supersede the venue for ations that the rules of ivilproedure fix!

(A) 5n ase of litigation arising from this ontrat of sale, the preferred venue shall be in the properourts of 0a7ati.

($) Should the real owner sueed in reovering his stolen ar from buyer F, the latter shall havereourse under this ontrat to seller " exlusively before the proper ebu ity ourt.

() ?enue in ase of dispute between the parties to this ontrat shall solely be in the proper ourts ofDueEon ity.

() Any dispute arising from this ontrat of sale may be filed in 0a7ati or DueEon ity.

(>2) Allan was riding a passenger #eepney driven by $en that ollided with a ar driven by esar, ausing Allanin#ury. %ot 7nowing who was at fault, what is the best that Allan an do!

(A) ile a tort ation against esar.

($) Await a #udiial finding regarding who was at fault.

() Sue $en for breah of ontrat of arriage.

() Sue both $en and esar as alternative defendants.

(>9) A surety ompany, whih provided the bail bond for the release of the aused, filed a motion to withdrawas surety on the ground of the aused8s non@payment of the renewal premium. an the trial ourt grant thewithdrawal!

(A) %o, sine the surety8s underta7ing is not annual but lasts up to #udgment.

($) "es, sine surety ompanies would fold up otherwise.

() %o, sine the surety ompany tehnially ta7es the plae of the aused with respet to ourtattendane.

() "es, sine the aused has breahed its agreement with the surety ompany.

(>*) 4o prove that Susan stabbed her husband 6lmer, io testified that he heard Ceon running down thestreet, shouting exitedly, Sinasa7sa7 daw ni Susan ang asawa niyaK (5 heard that Susan is stabbing herhusbandK) 5s Ceon's statement as narrated by io admissible!

(A) %o, sine the startling event had passed.

($) "es, as part of the res gestae.

() %o, sine the exited statement is itself hearsay.

() "es, as an independently relevant statement.

(>;) 3hih of the following %/4 46 regarding the dotrine of #udiial hierarhy!

(A) 5t derives from a speifi and mandatory provision of substantive law.


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($) 4he Supreme ourt may disregard the dotrine in ases of national interest and matters of seriousimpliations.

() A higher ourt will not entertain diret reourse to it if redress an be obtained in the appropriateourts.

() 4he reason for it is the need for higher ourts to devote more time to matters within their exlusive#urisdition.

(>>) 3hen may an information be filed in ourt without the preliminary investigation re&uired in the partiularase being first onduted!

(A) ollowing an in&uest, in ases of those lawfully arrested without a warrant.

($) 3hen the aused, while under ustodial investigation, informs the arresting offiers that he iswaiving his right to preliminary investigation.

() 3hen the aused fails to hallenge the validity of the warrantless arrest at his arraignment.

() 3hen the arresting offiers ta7e the suspet before the #udge who issues a detention order againsthim.

(1) 5n a ivil ation involving three separate auses of ation, the ourt rendered summary #udgment on thefirst two auses of ation and tried the third. After the period to appeal from the summary #udgment expired, theourt issued a writ of exeution to enfore the same. 5s the writ of exeution proper!

(A) %o, being partial, the summary #udgment is interloutory and any appeal from it still has to re7onwith the final #udgment.

($) "es sine, assuming the #udgment was not appealable, the defendant should have &uestioned it byspeial ivil ation of ertiorari.

() %o, sine the rules do not allow a partial summary #udgment.

() %o, sine speial reason is re&uired for exeution pending rendition of a final deision in the ase.

Remedial Law MCQ 2011.doc

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