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 followin is not correct! The e"trajudicial settlement of the
estate of a decedent is allowed:
a. when he died testate.
b. when he died intestate.
c. reardless of the value of his estate.
d. when he was not survived by children.
e. none of the above.
#. Which is correct! The allowance of a will is:
a. not conclusive as to its due e"ecution.
b. conclusive as to its due e"ecution.
c. conclusive as to the validity of the dispositions made therein.
d. not conclusive on anythin.
$. The petition for the allowance of a will may not be filed by:
a. the testator himself durin his lifetime
b. the e"ecutor
c. the devisee% leatee
d. a person who is not interested in the estate.
&. ' will proved and allowed in a forein country may be allowed in the
Philippines if:
a. (t was proved and allowed in accordance with the laws of such forein
country.
b. The will was e"ecuted in the Philippines.
c. The will was e"ecuted in such forein country.
d. )one of the above.
*. Which is not correct! ' special administrator has the power to:
a. +ommence and maintain suits as administrator.
b. Ta,e possession of the estate of the deceased.
c. -ell any property of the estate without court authority.
d. Pay the debts of the deceased upon order of the court.
.. The actions, which may be filed aainst an e"ecutor or administrator, do not
include:
a. recovery of real or personal property from the estate.
b. recovery of an interest in such property.
c. enforcement of a lien on such property.
d. recovery of a loan evidenced by a promissory note sined by the
decedent.
/. ' 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 0#1 instances.
2. The residue of the estate of a decedent may be distributed to the heirs, even
before all the obliations of the estate have been paid if the distributees or
any of them ives a bond to uarantee the payment of the unpaid obliations
within the time fi"ed by the court:
a. in a sum fi"ed by the court.
b. in an amount e3ual to twice the said unpaid obliations.
c. a cash bond e3ual to the amount of the said unpaid obliations.
14. The venue of a petition for the escheat of the estate of a decedent who
was a resident of the Philippines is:
a. his residence at the time of his death.
b. the place of his death.
c. any of the places where his properties are located.
d. any of the places where he resides.
e. the place where he last resided.
11. The venue of a petition for uardianship of a minor or incompetent who
resides in the Philippines is:
a. his residence
b. the residence of the uardian.
c. the place where any of his properties is located.
d. 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.
1#. When a person is detained by a private person, the writ of habeas corpus
is directed:
a. to the said private person.
b. to an officer of the law.
c. to any person desinated by the court.
d. none of the above.
1$. 5abeas +orpus issued by the 6eional Trial +ourt 06T+1 is enforceable
only in:
a. the territorial jurisdiction of the 6T+ that issued it.
b. the place where the person is actually detained.
c. in the judicial reion to which the 6T+ that issued it pertains.
d. none of the above.
1&. The venue of a petition for a chane of name is:
a. the place of birth of the petitioner.
b. his residence.
c. the place where his birth was reistered.
d. the place where he was baptized.
e. any place in the Philippines.
1*. The period of appeal from an order in a special proceedin is:
a. 1& days from notice, if no motion for reconsideration is filed.
b. 1& days from notice of denial of a motion for reconsideration.
c. #4 days from notice
d. none of the above.
1.. 7r. PP, a resident of 8uezon +ity was sideswiped while he was wal,in
alon a narrow street by a car neliently driven by 7r. 99, a resident of
7anila. 'ny suit for damaes should be filed in:
a. 7a,ati city where the incident happened.
b. The place stipulated upon by the parties after the incident.
c. 7anila, the residence of 7r. 99.
d. 8uezon +ity if 7r. PP so desires.
1/. The followin 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. :urisdiction over the subject matter
b. :urisdiction over the person of the defendant
c. ;itis pendencia
d. 6es judicata
e. Prescription
12. 7r. PP files a complaint aainst 7r. 99. The latter failed to answer within
the relamentary period.
a. The court may motu propio declare the defendant in default for
violation of the rules as lon as the defendant is notified.
b. The court may thereupon render judment rantin 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 claimin
party, notice to defendin party, and upon proof of the defendant<s
failure to answer.
24. 7r. -antos, the defendant in an action for annulment of marriae failed to
file his answer, under the circumstances:
a. The court shall order 7r. -antos to file his answer.
b. The court may motu propio declare 7r. -antos in default.
c. The court may declare 7r. -antos in default upon motion of 7rs.
-antos and proof the defendant<s failure to answer.
d. The court shall order the prosecutin attorney to determine whether or
not collusion e"ists between the parties.
e. The court shall order the prosecutin attorney to prevent fabrication of
evidence.
21. The followin are the rounds that would justify a motu propio dismissal
of the complaint by the court. Which is the e"ception!
a. (mproper venue.
b. =ailure of plaintiff to appear on the date for presentation of his
evidence in chief.
c. =ailure to prosecute the action for an unreasonable lenth of time.
d. =ailure to comply with the 6ules.
e. =ailure to comply the order of the court.
22. 99, defendant in a civil suit failed to appear durin the pre>trial:
a. 5is appearance is e"cused provided his counsel is present.
b. 5is appearance is e"cused as lon as his attorney is fully authorized in
writin to enter into an amicable settlement without need for showin a
cause for his absence.
c. 5is non>appearance will be e"cused only if he is incapacitated.
d. 5is 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.
2#. 7r. PP sued 7r. 99. 7r. ++ believes that he has a leal interest in the
subject matter of litiation and in the success of 7r. 99.
a. Without leave of court, 7r. ++ may intervene in the suit.
b. 7r. ++ should file a third party complaint with leave of court.
c. 7r. ++ should file an inter pleader with leave of court.
d. 7r. ++ should file a cross>claim with leave of court.
e. 7r. ++ with leave of court may intervene in the suit.
2$. 7r. PP sued 7r. 99 who in his answer enerally denied the material
alleations in the complaint. 7r. PP should file a:
a. 9emurrer to evidence
b. ' reply to the answer
c. ' motion for bill of particulars
d. ' motion for summary judment
e. ' motion for judment on the pleadins
2&. ?"tra>territorial service of summons is proper only in the followin
instances. Which is the e"ception!
a. When the action aainst the resident defendant affects the personal
status of the plaintiff and the defendant is temporarily outside the
Philippines.
b. When the action is aainst a non>resident defendant who is formerly a
Philippine resident and the action affects the personal status of the
plaintiff.
c. When the action aainst the non>resident defendant relates to property
within the Philippines in which the defendant has a claim or lien.
d. When the non>resident defendant is to be e"cluded from any interest
on a property located in the Philippines.
e. When the non>resident defendant<s property is to be attached in the
Philippines.
2*. 7r. PP has just completed presentation of his evidence aainst the
defendant, 7r. 99. @elievin that the plaintiff has shown no riht to relief
upon the facts and the law, 7r. 99 moved to dismiss the complaint
0demurrer to evidence1. The motion was ranted and the complaint was
dismissed. 7r. PP appealed and the appellate court reversed the order of
dismissal.
a. 7r. 99 may insist on his riht to present evidence in support of his
defense on the round of due process.
b. 7r. 99 is deemed to have waived his riht to present his evidence.
c. 7r. 99 should avail of certiorari as a mode of appeal.
d. 7r. 99 should avail of certiorari as a special civil action and raise
jurisdictional rounds.
e. 7r. 99 should avail of prohibition to prevent the lower court from
further proceedins.
2.. 7r. 99 lost in a civil suit filed aainst him by 7r. PP. 7r. 99 honestly
believes that the judment is contrary to law and that its findins are not
supported by the evidence. 7r. PP was also awarded damaes, which 7r.
99 believes as Ae"cessiveB. The remedy of 7r. 99 is
a. to file an appeal by certiorari.
b. to file a motion for new trial and if denied then appeal from the
judment.
c. to file a motion for reconsideration and if denied file a petition for
certiorari raisin jurisdictional rounds.
d. to file a motion for reconsideration and if denied then appeal from the
judment..
e. to file an action to annul the judment.
2/. 'fter a judment has become final and e"ecutory, the followin may
constitute a remedy of the losin party. Which is the e"ception!
a. Petition for relief
b. 'ction to annul the judment
c. 7otion for a new trial or consideration
d. 'ny of Ca< or Cb<
e. )one of the above
22. :udments of the 6eional Trial +ourt rendered in the e"ercise of its
appellate jurisdiction may be assailed:
a. by ordinary appeal to the +ourt of 'ppeals
b. by petition for review to the -upreme +ourt
c. by petition for review to the +ourt of 'ppeals
d. by ordinary appeal to the -upreme +ourt
e. by appeal by certiorari to the -upreme +ourt
#4. 't the commencement of the action or at any time before entry of
judment, a plaintiff or any proper party may avail of a remedy to secure the
satisfaction of the judment that may be rendered by the court. This remedy
is:
a. accion pauliana
b. accion reivindicatoria
c. preliminary attachment
d. preliminary injunction
e. replevin
#1. Whenever conflictin claims upon the same subject matter are or may be
made aainst a person who claims no interest whatsoever in the subject
matter, he may brin an action aainst the conflictin claimants to compel
them to litiate their several claims amon themselves. This action is called:
a. declaratory relief
b. partition of claims
c. receivership
d. inter pleader
e. none of the above
#2. When a person is interested under a deed, will, contract or other written
instrument and whose rihts are affected by a statute, e"ecutive order or
reulation, before the breach or violation thereof, may file a petition for
declaratory relief in order:
a. to determine the effectivity of a statute
b. to see, for affirmative relief, specifically for damaes
c. to see, for a declaration of the petitioner<s rihts or duties
d. to find ways to attac, the constitutionality of an e"ecutive order
e. to determine the effectivity of a law
##. When any tribunal board or officer e"ercisin judicial or 3uasi>judicial
functions has acted without or in e"cess of jurisdiction or with rave abuse of
discretion, amountin to lac, or e"cess of jurisdiction, and the purpose is to
have the judment or order of such tribunal board or officer annuled or
modified, the remedy available is:
a. certiorari under 6ule $&
b. certiorari under 6ule *&
c. prohibition
d. mandamus
e. 3uo warranto
#$. 6eal ?vidence is addressed to >
a. the senses of the +ourt
b. the opinion of an e"pert
c. the lawyer propoundin the 3uestion
d. the cler, of court
#&. ' mere offer of compromise is admissible to prove>
a. civil liability
b. criminal propensity
c. criminal uilt
d. nelience
#*. ' witness is allowed to refer to a memorandum to refresh his memory>
a. respectin a matter of law
b. respectin the opinion of an e"pert
c. respectin a matter of fact recorded by his superior
d. respectin a matter of fact he recorded a lon time ao
#.. (ndependent relevant evidence is admissible to >
a. to prove the truth of a fact
b. to prove the falsity of a fact
c. to convince the jude to decide the case in favor of a party
d. to show that a fact occurred whether it is true or not
#/. The testimony of a sinle witness is >
a. never credible
b. is always credible
c. can be credible only if corroborated
d. may be believed even if not corroborated
#2. When must an accused not under preventive detention be arrained!
a. Within #4 days after the filin of the complaint or information
aainst him.
b. Within #4 days after the approval of his bail bond.
c. Within #4 days from the date the court has ac3uired jurisdiction
over his person.
$4. The court may allow an accused to plead uilty to a lesser offense
necessarily included in the offense chared aainst 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
$1. ;eave of court is re3uired for an amendment of a complaint or information
even before the accused has been arrained, if the amendment:
a. is of a substantial nature
b. uprades the nature of the offense from a lower to a hiher
offense
c. includes another accused
d. downrades the nature of the offense from a hiher to a lower
offense or e"cludes any accused
$2. When is a preliminary investiation re3uired!
a. (n all cases reardless of the penalty for the offense chared.
b. (n cases where the penalty for the offense chared is below four
0$1 years, two 021 months and one 011 day of prision correccional.
c. (n cases where the minimum penalty for the offense chared is
four 0$1 years, two 021 months and one 011 day of prision
correccional.
$#. When is an order sustainin a motion to 3uash a bar to a prosecution for
the same offense!
a. (f the round thereof is lac, of jurisdiction of the court over the
offense chared.
b. (f the round thereof is that the complaint or information chares
two or more offense, which do not constitute a comple" offense.
c. (f the round thereof is the prescription of the offense or the
penalty therefore.
$$. When is the authentication of a private document offered in evidence not
re3uired!
a. When it is offered as an authentic document.
b. When it is more than #4 years old, produced from a custody in
which it would naturally be found if enuine, and is unblemished
by any alteration or circumstance of suspicion.
c. When it is less than #4 years old at the time of its presentation.
$&. Which of the followin is not correct! ' party aainst whom a witness
testified may impeach the latter by:
a. contradictory evidence
b. evidence that his eneral reputation for truth, honesty or interity
is bad
c. evidence that he has made at other times statements inconsistent
with his present testimony
d. evidence of particular wronful acts committed by the witness
$*. When is the e"tra>judicial confession of an accused sufficient for
conviction!
a. ?ven without corroboration thereof by evidence of corpus delicti.
b. Dnly when it is corroborated by evidence of corpus delicti.
c. 6eardless of whether or not it is corroborated by evidence of
corpus delicti.
$.. The written areement between '', a resident of 'bra, and @@, a
resident of +aayan made before the suit, states that Aany suit involvin this
lot located in )ueva ?cija, shall be filed only in the proper court of
Pampana.B 5ence, the suit must be filed:
a. in 'bra
b. in +aayan
c. in )ueva ?cija
d. (n Pampana
$/. The 6eional Trial +ourt 06T+1 affirmed the order of the 7unicipal Trial
+ourt 07T+1 rantin a motion to dismiss 07T91 on the round that it has no
jurisdiction over the subject matter of the case. -uch subject matter is within
the jurisdiction of the 6T+. 5ence, what should 6T+ do!
a. 7ust merely affirm the 7T+ order.
b. 6emand the case to the 7T+ for further proceedins.
c. 7ust try the case on the merits as if the case was oriinally filed
with it.
$2. (n appeals by notice of appeal, when does the court lose jurisdiction over
the case!
a. Epon the perfection of the appeal of a party filed in due time.
b. Epon the e"piration of the time to appeal of the other parties.
c. Epon 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.
&4. When may a plaintiff amend his pleadin once as a matter of riht!
a. 't any time before the defendant has served on him his
responsive pleadin.
b. 't any time after the defendant has served on him his responsive
pleadin.
c. ' plaintiff has no riht to amend his pleadin, unless the court has
previously iven him leave to amend his pleadin.
&1. (n an oriinal action for certiorari, prohibition, mandamus, 3uo warranto,
when does the +ourt of 'ppeals ac3uire 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. Epon the service on him of the owner or resolution of the court of
appeals indicatin its initial action on the petition or by his
voluntary submission to the jurisdiction of the court of appeals.
&2. When the court renders a judment in a judicial foreclosure aainst the
defendant, when is the mortaed property sold at public auction to satisfy
the judment!
a. 'fter the decision has become final and e"ecutory.
b. 'fter the failure of the defendant to pay the judment amount
within the period fi"ed in the decision which shall not be less than
ninety 0241 nor more than one hundred twenty 01241 days from
entry of judment.
c. The mortaed property is never sold at public auction.
&#. (n an action for the recovery of personal property, at what stae of the
proceedins may the plaintiff apply for an order for the delivery of such
property to him!
a. 't any time durin the trial
b. 'fter an answer has been filed
c. 't the commencement of the action but before an answer has
been filed.
&$. The court is mandated to ta,e judicial notice of the fact that:
a. Dn 4& =ebruary 12$&, the seat of the Philippine 6epublic had
been transferred to @auio +ity.
b. 6eal 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 pre>need industry.
d. @efore reachin a station, buses slow down and the conductor
announces the name of the station.
&&. What is )DT considered an oriinal of a document:
a. 'n entry repeated in the course of business, one bein 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
&*. 'll e"cept one of the followin 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 buildin founded on the record
prepared accordin to the verbal statements of his employees.
c. The testimony of a complainant reardin te"t messaes he
received from a respondent.
d. The testimony of a police inspector that he was told by others that
there were several amblin houses in a town amon them the
defendants.
&.. 'll e"cept one of the followin is true with respect to confessions:
a. (t is a cateorical ac,nowledment of uilt.
b. (t must always be e"press, never implied.
c. (t may be made by third persons and, in certain cases, are
admissible aainst a party.
d. (t may be made only by the party himself and, in some instances,
are admissible aainst his co>accused.
&/. What is )DT allowed to happen in enforcin a forein judment in the
Philippines!
a. The court with which the action to enforce the forein judment is
filed ta,es judicial notice of the forein judment.
b. The party who files the action presents a certified true copy of the
judment by the cler, of the court of the forein tribunal that
rendered it.
c. The party who files the action presents a certification from the
Philippine diplomatic representative in the said forein country
that the person who issued the copy is the leal custodian thereof.
d. 'll of the above
&2. The police souht ' for 3uestionin in connection with the ,illin of the
deceased. 5e was seen wearin a bloodstained shirt. 9urin his
interroation, ' was not assisted by counsel. 5e admitted his uilt 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. 5is e"tra>judicial confession
d. )one of the above
*4. F was chared with robbery with rape. 5e too, the stand on his own
behalf and testified on the alleed robbery. Dn what matters may the
prosecution cross e"amine the accused!
a. Dnly matters touched upon by F in his direct testimony.
b. 7atters involvin the alleed rape.
c. 7atters involvin F and other relevant matters.
d. 'll of the above
*1. Which of the followin is )DT a public document!
a. The written official acts, or records of the official acts of the
soverein authority, official bodies and tribunals, and public
officers.
b. 9ocuments ac,nowleded before a notary public
c. Public records, ,ept in the Philippines, of private documents
re3uired by law to be entered therein
d. ;ast wills and testaments
*2. What is )DT a re3uisite in order for the 9ead 7an<s -tatute to be
applicable!
a. The witness is a party or an assinor of a party
b. The action is aainst 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 aainst the
estate of a deceased person.
*#. Which of the followin matters need to be proven by the parties to an
action!
a. =acts which are admitted or which are not denied in the answer,
provided they have been insufficiently alleed.
b. Those which are the subject of an areed statement of facts
between the parties.
c. =acts which are not subject to judicial notice.
d. Those admitted by any party.
*$. 'n adverse party<s witness may )DT be impeached by:
a. evidence that in the community where he resides, his eneral
reputation for truth, honesty or interity is bad.
b. a prior inconsistent statement
c. particular instances of immoral or wronful acts, or improper or
unlawful conduct that the witness may have committed.
d. ?vidence of a prior conviction of an offense which may be proved
by elicitin an admission from the witness or by a record of his
conviction.
*&. Who may )DT be e"cluded from the proceedins of a case!
a. Parties to the action or the accused in a criminal case
b. ?"pert witnesses
c. 6ebuttal witnesses
d. 'll of the above
**. Which of the followin statements is correct!
a. (t is the duty of the jude to rest his findins of facts and his
judment 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 offerin 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
*.. Which statement refers to Acorpus delictiB!
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
chared.
d. 'll of the above
*/. Which of the followin is )DT a re3uisite for the admissibility of a dyin
declaration!
a. The declaration relates to the facts or circumstances pertainin to
the fatal injury or death.
b. The declarant is dead.
c. The declaration is made in connection with a startlin occurrence.
d. The declarant would have been competent to testify had he
survived.
*2. 'll criminal actions shall be commenced by:
a. complaint
b. information
c. preliminary investiation
d. a or b
.4. ' holoraphic will which is contested may be allowed when its
authenticity is proven by:
a. one 011 witness who saw the testator write and sin it
b. two 021 witnesses who saw the sinin thereof
c. three 0#1 witnesses who declare that they saw the testator sin it
d. three 0#1 witnesses who ,now the handwritin of the testator
e"plicitly declare that the will and the sinature thereon are in the
handwritin of the testator
.1. (n a rape case, jurisdiction is conferred by:
a. law
b. complaint of offended party
c. information filed by the Prosecutin Dfficer
d. all of the above
.2. The public prosecutor need not be present durin the trial of a criminal
case in the 6eional 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 reional state prosecutor has authorized the private
prosecution in writin to prosecute the case subject to the
approval of the court
d. when he has lost controls of the prosecution
.#. The sinature of counsel in the pleadin constitutes a certification that:
a. his client had read the pleadin and certifies to the accuracy of the
material alleations therein.
b. his client had read the pleadin and that to the best of the client<s
,nowlede, information and belief, there is ood rounds to
support it and not interposed for delay.
c. he has read the pleadin, that to the best of the client<s
,nowlede, information and belief, there is ood rounds to
support it and that is not interposed for delay.
d. he has read the pleadin, that based on his personal information,
there is ood rounds to support it, and that it is not interposed for
delay.
e. that both client and counsel have read the pleadin, that to the
best of their ,nowlede, information and belief there are ood
rounds to support it and that it is not interposed for delay.
.$. The rule that a complaint or information must chare only one offense is
absolute.
a. True
b. =alse, this is subject to e"ception.
c. =alse, e"cept when e"istin laws prescribe a sinle punishment
for various offense.
d. =alse, e"cept when there are several accused with different
participations in the commission of the crime.
.&. Which of the followin statements does not conform with e"istin
procedural concepts!
a. ?rrors of jurisdiction are normally correctible by certiorari while
errors of judment are correctible by appeal.
b. :urisdiction over the plaintiff is ac3uired by the filin of the
complaint, petition or initiatory pleadin.
c. :urisdiction over the defendant is ac3uired only by a valid service
of summons.
d. :urisdiction over the issues of the case is determined and
conferred by the pleadins filed in the case or by the areement of
the parties.
e. :urisdiction over the rest is ac3uired by the actual or constructive
seizure by the court of the thin in 3uestion, placin the same
under the custody of the court.
.*. (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 where the plaintiff resides
c. in the court of the place where the defendant formerly resided
d. in the court of the place of birth of the plaintiff
... 9urin the trial of a damae suit, 7r. 99, defendant, introduced evidence
on a matter not raised in the pleadins of the parties. 7r. PP, plaintiff
promptly objected on the round that the evidence concerns a matter not in
issue. Ender 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 pleadins
c. the court must order the amendment of the pleadins to conform
to the evidence and rant a continuance to enable the
amendment to be made.
d. the court in its discretion may allow amendment of the pleadin if
doin so would serve the ends of substantial justice.
e. the court may order the stri,in out of an alleation which does
not conform to the evidence.
./. ?vidence beyond reasonable doubt >
a. is the same as preponderance of evidence
b. is the e3uivalent of substantial evidence in administrative cases
c. must be absolutely certain to convict
d. must be morally certain, otherwise the accused is entitled to
ac3uittal
.2. ' petition for adoption may be filed in the 6eional Trial +ourt of
a. the place where the adopter resides
b. the place where the adoptee resides
c. the place where the adoptee was born
d. the place where the birth of the adoptee was recovered
/4. 5abeas +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 charin
an offense which has already prescribed.
d. his voluntary surrender
/1. (n a case for alleed dru>pushin, evidence of:
a. the buy>bust money is indispensable
b. the confidant<s testimony who accompanied the poseur>buyer is
necessary
c. the drus subject of the case is indispensable
d. the testimony of the chemist who e"amined the alleed drus is
indispensable
/2. The petition for the voluntary reconition of a minor natural child may be
filed only by:
a. the child
b. the mother of the child
c. the father of the child
d. the child or his parent
e. none of the above
/#. The followin pleadins are allowed under the 6ules on -ummary
Procedure, e"cept a:
a. complaint
b. answer to the complaint
c. cross claim
d. compulsory counterclaim
e. reply
/$. 8uo warranto proceedins may be brouht aainst the followin, 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 round for
the forfeiture of his office
d. a corporation which acts as a corporation without leal authority to
act
e. )one of the above
/&. 7r. PP files a complaint aainst 7r. 99. The latter failed to answer within
the relamentary period.
a. The court may motu propio declare the defendant in default for
violation of the rules as lon as the defendant is notified.
b. The court may thereupon render judment rantin 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
claimin party and upon proof of the defendant<s failure to answer.
/*. When the criminal action has already been instituted, an application for
search warrant shall be filed in the:
a. +ourt within whose territorial jurisdiction a crime was committed.
b. +ourt where the criminal action is filed.
c. +ourt within the judicial reion where the crime was committed if
the place of the commission of the crime is ,nown.
d. +ourt where the criminal action is pendin.
/.. 'll of the followin 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 0&1 days
c. The order denyin the motion for leave of court to file demurrer to
evidence or the demurrer itself shall be reviewable by appeal or
by certiorari before judment
d. @oth @ and +
//. Which of the followin statement is correct!
a. ?ven the counsel for the accused or prosecutor does not appear
at the pre>trial conference, they are not re3uired 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 judment of conviction has
become final even the accused applies for probation.
d. The accused may, before arrainment, move for a bill of
particulars.
/2. When is the accused allowed to file motion to 3uash!
a. 't any time before arrainment
b. Within 14 days after the accused has entered his plea
c. 't any time before the judment become final
d. 'fter the accused has entered his plea
24. The followin are allowed to conduct preliminary investiations e"cept:
a. Provincial or +ity Prosecutor and their assistants.
b. :udes of 7unicipal Trial +ourts and 7unicipal +ircuit Trial +ourts
c. )ational and 6eional -tate Prosecutors
d. -pecial prosecutors of the Dmbudsman
21. @ail is a matter of riht under the followin conditions:
1. (n 7T+, 7T+ in +ities, 7+T+ before or after convictions
2. (n 6T+, after conviction if the penalty imposed is not more than si"
0*1 years
#. (n 6T+, before conviction of an offense not punishable by death,
reclusion perpetua or life imprisonment.
Which of the followin conditions are correct!
a. -tatement )o. 1 only
b. -tatement )o. 2 only
c. -tatement )o. # only
d. @oth statement )o. 1 and #
22. Which of the followin are the proper rounds that the court should
consider in order to properly rant a new trial in a criminal case!
a. ?rrors or mista,es of counsel
b. ?rrors of law or irreularities prejudicial to the substantial rihts of
the accused
c. )ew and material evidence has been discovered which the
accused could not with reasonable dilience have discovered and
produced at the trial
d. @oth @ and +
2#. 'n accused in a rape case was convicted by the 6eional Trial +ourt of
7anila and the death penalty was imposed upon him. The judment shall be
reviewed by the:
a. -upreme +ourt
b. +ourt of 'ppeals
c. The same 6eional Trial +ourt
d. 9epartment of :ustice
2$. Which of the followin statements are true and correct!
a. 'ny amendment before plea, which downrades the nature of the
offense chared 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 judment that a mista,e has been
made in charin 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.
2&. Which of the followin is not a riht 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 reliious oranization, any medical doctors,
members of national and international non>overnmental
oranization accredited by the +ommission on 5uman 6ihts and
the Dffice of the President or by his counsel.
d. To testify as a witness in his own behalf.
2*. The court denied the demurrer to evidence which the accused filed with
leave of court. 5ence, the accused:
a. ;oses the riht to present his evidence
b. 9oes not lose the riht to present his evidence
c. +an be compelled by the court to present his evidence
d. 5as the option whether to present or not his evidence.
2.. The civil action which was reserved arose from the delict and not from
articles #2, ##, 2$, and 21.*, new civil code. (t may be filed by the offended
party:
a. 't any time
b. 'fter the judment in the criminal action has become final
reardless of whether the accused was ac3uitted or convicted
c. Dnly if such judment does not contain a findin that the act or
omission from which the civil liability arises does not e"ist.
2/. @efore an accused has been arrained, the prosecution may amend a
complaint or information by downradin the offense or e"cludin an
accused therefrom:
a. Without leave of court
b. With leave of court
c. The consent of the accused
22. 'n order rantin a motion to 3uash is a bar to another prosecution for
the same offense if the round thereof is:
a. The court has no jurisdiction over the person of the accused
b. The officer who sined the complaint or information has no
authority to do so
c. The criminal action or liability has been e"tinuished
144. (n the court of appeals:
a. The accused has no riht to move for new trial
b. The accused has a riht to move for a new trial on any round
c. The accused may file a motion for new trial based on one round
G newly discovered evidence.
141. The effect of the reversal on appeal of an order rantin a demurrer to
evidence is that:
a. The defendant loses the riht to present his evidence
b. The defendant does not lose his riht to present his evidence
c. 5e loses his riht 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.
142. ' dismissal of the complaint as a result of a preliminary hearin on the
affirmative defense pleaded in the answer has the followin 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.
14#. The pendency of a special civil action under rule *& produces the
followin 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 restrainin order or a writ of preliminary injunction
issued aainst the public respondent.
c. The court tryin the principal case has no discretion to postpone
the hearin thereof to await the decision in the special civil action.
14$. The mode of appeal from a decision of the 6eional Trial +ourt rendered
in the e"ercise of its appellate jurisdiction is by:
a. ' notice of appeal filed with the 6eional Trial +ourt
b. Petition for review on certiorari under 6ule $&
c. Petition for review under 6ule $2
14&. ' final and e"ecutory judment may be enforced by motion:
a. Within 1& days from the entry thereof
b. Within 14 years from the entry thereof
c. Within & years from the entry thereof
14*. ' writ of attachment may be issued aainst a party as security for the
satisfaction of any judment that may be recovered in the followin cases:
a. 'n action for the recovery of moral and e"emplary damaes
b. (n any action G reardless of its nature
c. (n an action for a specified amount of money other than for moral
or e"emplary damaes, arisin from contract, 3uasi>contract,
delict or 3uasi>delict, aainst a party who is about to depart from
the Philippines with intent to defraud his creditors.
14.. ' party who has suffered damaes due to the issuance of an improper,
irreular or e"cessive attachment aainst him may claim such damaes:
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 judment becomes e"ecutory.
b. Dnly in a separate action aainst the party who secured the writ of
attachment.
c. Dnly after the judment has become final and e"ecutory.
14/. The lifetime or effectivity of a temporary restrainin order issued by a trial
court can be e"tended, after the e"piration thereof:
a. @y order of the court
b. @y areement of the parties
c. +an never be e"tended
142. Where the court declared that the person who has been ivin 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
aainst the person leally oblied to ive him the support in a
separate action.
c. The recipient who returned such amounts can recover them
aainst the person leally oblied to ive him the support in the
same case wherein support pendente lite was ordered.
114. (n (nter>pleader, a motion to dismiss:
a. (s not allowed to be filed by the defendants.
b. (s permitted only on any of the rounds specified in -ection 1,
6ule 1*.
c. (s permitted only on any appropriate round specified in -ection 1,
6ule 1* and on the round of the impropriety of inter>pleader.
111. The defendant appeals from a decision of the 6eional Trial +ourt 06T+1
affirmin a decision of the 7unicipal Trial +ourt 07T+1 orderin the
defendant to vacate the premises:
a. The 6T+ decision is immediately e"ecutory.
b. The defendant can stay the e"ecution of the 6T+ decision by filin
a bond.
c. The 6T+ decision can be e"ecuted only after the decision of the
appellate court affirmin such decision has become final and
e"ecutory.
112. The +ourt of 'ppeals may annul the judment of the 6eional Trial +ourt
on the round that:
a. The 6T+ decision resulted from an intrinsic fraud.
b. The 6T+ had no jurisdiction over the person of the defendant
c. The 6T+ had no jurisdiction over the subject matter of the case or
that the decision resulted from e"trinsic fraud.
11#. (n the +ourt of 'ppeals, a party who appealed from a decision in a civil
case:
a. 5as no riht to file a motion for new trial
b. 7ay file a motion for new trial on the round of fraud, accident,
mista,e, or e"cusable nelience which ordinary prudence could
not have uarded aainst and by reason of which he has been
probably impaired in his rihts.
c. 7ay file a motion for new trial on the round of newly discovered
evidence which he could not, with reasonable dilience, have
discovered and produced at the trial and which if presented would
probably alter the result.
11$. (n an oriinal action filed in the +ourt of 'ppeals, jurisdiction over the
person of the respondent is ac3uired:
a. @y the service of summons upon him in accordance with 6ule 1$.
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 indicatin its initial action on the petition or by his
voluntary submission to such jurisdiction.
11&. The doctrine of primacy of the criminal action, which provides that civil
action is thus suspended in whatever stae it may be found upon the filin of
the criminal action, accepts certain e"ceptions. Which of the followin are
amon those e"ceptions!
a. (n cases of independent civil action
b. (n cases where the civil action presents a prejudicial 3uestions
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
11*. What is the nature of the riht to preliminary investiation!
a. (n3uisitional
b. Personal
c. 'lternative
d. @oth a and b
e. 'll of the above
11.. Which of the followin instances will operate as waiver of the riht to
preliminary investiation by the accused!
a. (f the accused fails to as, for preliminary investiation after bein
aware for more than five 0&1 days that the case had been filed in
court.
b. Where the accused posted a bond
c. =ailure to claim it before the accused pleaded
d. @oth a and c
e. 'll of the above
11/. =or instance, the provincial or city prosecutor promulated an unfavorable
resolution of the case, where can be accused file a petition for review of the
said resolution!
a. Dffice of the President
b. 7etropolitan Trial +ourt
c. 6eional Trial +ourt
d. 9epartment of :ustice
e. )one of the above
112. '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 pursuin the prisoner fired his revolver
and caused the death of the prisoner. (s the act of the policeman on resortin
to e"treme means will always be justified!
a. Hes, since an arrestin officer is re3uired to act within the
performance of his duty, he must stand his round and cannot, li,e a
private individual, ta,e refue in fihtI his duty re3uires to overcome
his opponent.
b. )o, it was provided under the 6ules of +ourt that no violence or
unnecessary force shall be used in ma,in an arrest. -uch provision
accepts no e"ception.
c. (t depends, the reasonableness of the force employed by the arrestin
officer must be adjuded in the liht of the circumstances as they
appeared to the officer at the time he acted, and the means is
enerally considered to that which ordinary prudent and intellient
person with the ,nowlede would have deemed necessary under the
circumstances.
124. 's a rule a private person ma,in an arrest should notify the person
arrested of his purpose and ac3uaint him with the cause of the arrest,
however this rule accepts certain e"ceptions. Which of the followin are
those e"ceptions!
a. Where the arrest is made at the time the offense is committed for
attempted or on fresh pursuitI
b. When the ivin of such information is larely impracticable, as when
he forcibly resists before the person ma,in the arrest has the
opportunity so to inform himI
c. When the ivin of the information will imperil the arrestI
d. 'll of the above
121. What is the nature of the riht to appeal, which is e"tended to the
accused!
a. -tatutory riht
b. 'bsolute riht
c. Personal riht
d. @oth a and c
e. 'll of the above
122. (t is one of the modes of discovery in criminal cases especially iven to
the accused, the purpose of which is to prevent surprise, suppression, or
alteration of any written statements iven by the complainant and the other
witnesses in any investiation of the offense conducted by the prosecution or
any other investiatin officers:
a. Production or inspection of evidence in the possession of the
prosecution
b. -uspension of arrainment
c. Presentation of bills of particular
d. 'ppointment of counsel de officio
e. (nformin the accused of all the rihts he can availed of
12#. When is a provisional dismissal become permanent with respect to the
offenses punishable by imprisonment of more than si" 0*1 years!
a. Dne 011 year after issuance without the case havin been revived
b. Two 021 years after the issuance without the case havin been revived
c. =ifteen 01&1 days after the issuance
d. Thirty 0#41 days after notice to the accused
e. )one of the above
12$. (n a case involvin the 3uestion of whether the plaintiff ? had resined
from office, thus allowin the respondent J, as the officer ne"t in line to ta,e
over, the trial court, in its judment, relied on newspaper reports on the diary
entries of ?<s personal secretary, =. (n his diary, = indicated that ? had told
him 0=1 that he 0?1 intends to resin and had performed acts preparatory to
leavin office. (n his motion for reconsideration, ? 3uestioned the trial court<s
reliance on newspaper reports of =<s diary entries as these are not proper
sources to justify its rulin. (s ?<s contention correct!
a. Hes, because newspaper reports are mere secondary sources which
have no probative valueI
b. )o, because althouh secondary sources, newspapers reports can be
used to establish factsI
c. Hes, because if the trial court wanted proof on ?<s intention, it should
have used resources based on ?<s acts, not on what someone else
heard or sawI
d. )o, because bein ?<s personal secretary, = could not have lied
reardin ?<s intention to resin.
12&. Tender of e"cluded evidence can be made:
a. Dnly durin the direct e"amination
b. Dnly durin the cross e"amination
c. 't any stae of the e"amination of a witness
d. )one of the above
12*. The testimony of a child witness:
a. (s admissible even if hearsay
b. (s not admissible if hearsay
c. (s sufficient to convict an accused even if hearsay
d. (s admissible only after his competency is established
12.. ' Kero" copy of a document:
a. (s admissible
b. +ould be admissible
c. )ever admissible
d. 5as a probative value
12/. ?vidence of bad moral character in a rape case is:
a. (s admissible aainst a 1*>year old irl
b. (s admissible aainst a 12>year old irl
c. (s admissible aainst a 1*>year old irl if relevant and material to the
issue
d. (s admissible aainst a 12>year old irl if relevant and material to the
issue
122. ?vidence to be credible must:
a. come from credible lips alone
b. @e incredible in itself
c. +ome from credible lips and must be credible in itself
d. +ome from a child
1#4. (n resolvin a motion to 3uash, the court shall consider no round other
than those stated therein e"cept:
a. 9ouble jeopardy
b. ?"tinction of the criminal action
c. ?"tinction of the criminal liability
d. ;ac, of jurisdiction over the subject matter or offense chared.
1#1. 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
pendin
c. 'ny +ourt in the :udicial reion where the crime was committed
d. (n any +ourt within the :udicial 6eion where the accused resides
1#2. ' money claim aainst the estate of a decedent which is not filed within
the period fi"ed in the A)DT(+?B to creditors to file their claims:
a. (s forever barred
b. 7ay be enforced by action by the creditor aainst the e"ecutor or
administrator of the decedent.
c. 7ay be raised as a counterclaim in a suit brouht aainst the
creditor by the e"ecutor or administrator of the decedent.
d. 7ay be ordered paid by the +ourt, if there is a residue of the
estate after all the claims aainst such estate have been fair.
1##. Where the estate of a resident is escheated:
a. 5is personal properties shall be assined to the municipality or city
where they are located.
b. 5is real properties shall be assined to the municipality or city where
he last resided.
c. 'll his personal and leal properties shall be assined to the province.
d. 5is personal properties shall be assined to the municipality or city
where ha last resided and his real properties to the municipality or city
where they are located.
1#$. Dne of those actions cannot be brouht aainst 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 damaes for an injury to person or property
d. To recover money, debt or interest therein from the estate of the
decedent.
1#&. The order fi"in the date and time of the hearin of the petition for
uardianship or a minor or incompetent residin in the Philippines:
a. 7ust be published in a newspaper of eneral circulation in the
province where the minor or incompetent resides for 0#1 consecutives
wee,s prior to the hearin.
b. 7ust be published in a newspaper of eneral circulation in the
province where the petitioner resides for three 0#1 consecutive wee,s
prior to the hearin.
c. 7ust be published in a newspaper of eneral circulation in the
Philippines for three 0#1 consecutive wee,s prior the hearin.
d. (s not re3uired to re published in any newspaper
1#*. ' judment on the pleadins:
a. 7ay aware all the reliefs prayed for in the complaint, reardless of
their nature
b. 7ay not aware the claims for attorney<s fees and actual damaes
in any event.
c. 7ay award claims for attorney<s fees and actual damaes at the
discretion of the +ourt.
d. 7ay award claims for attorney<s fees and actual damaes if there
is evidence adduced by the plaintiff in support thereof.
1#.. Dne of these statements is not correct: ' party may impeach his own
witness by>
a. +ontrary evidence
b. ?vidence that his eneral honesty, interity and truth is bad
c. ?vidence of his bad character
d. ?vidence of his havin been convicted of all offense
1#/. ' second 7otion for )ew Trial in a civil action:
a. (s never allowed
b. 'llowed only if the round thereof was not yet e"istence when the
first motion for )ew Trial was filed.
c. 'llowed on any round
d. (s allowed only at the discretion of the +ourt
1#2. Dne of these statements is not correct: The parol evidence rule>
a. 'pplies only to written areements and wills.
b. 'pplies only to the parties thereto and their successors>in>interest.
c. 9oes not apply to a party to a suit who is not a sinatory or who
does not derive a riht from such sinatory to the written
areement or will.
d. 'pplies to all parties to a suit reardless of whether they are
parties or not to or derive their riht under a written areement or
will involved in the suit
1$4. +hoose from amon the rounds below for dismissal of petition for
certiorari the round 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 rave abuse of
discretion amountin to lac, or e"cess of jurisdiction.
c. (f the 3uestions raised are too insubstantial to re3uire
consideration.
d. (f it is prosecuted manifestly for delay.
1$1. ' judment or final order or resolution of the +ommission on ?lections or
+ommission on 'udit may be brouht by the arieved party to the -upreme
+ourt on certiorari under 6ule *& 0-ection 2, 6ule *$ of the 6evised 6ules of
+ourt1. 'ssumin upon receipt by the arieved party of the decision of the
+omelec on 9ecember 1&, 244* the arieved 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 arieved
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 #4 0#41 days rec,oned from receipt of the
denial resolution:
b. The fresh period of twenty 0241 days rec,oned from receipt of the
denial resolution:
c. The fresh period of fifteen 01&1 days rec,oned from receipt of the
denial resolution:
d. The remainin period but not less than five 0&1 days in any event,
rec,oned from the receipt of the denial resolution.
1$2. H with the use of force entered into the premises belonin to F with an
assessed value of P24, 444.44. 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 9ecember #1, 244&. Hour services were enaed
today by H to enforce his riht. What action would you file!
a. ( would file an action for recovery of possession of the property
with the 6T+ of the place where the property is dispute is located.
b. ( would file an action to 3uiet the title of my client with the 6T+ of
the place where the property is located, plus damaes.
c. ( would file an action for unlawful detainer with the 7T+ of the
place where the property is located, damaes and prayer for
issuance of the preliminary mandatory injunction in order to
compel H to vacate the premises.
d. ( would file an action for forcible entry with 7T+ of the place
where the property is located with prayer for the issuance of
preliminary mandatory injunction in order to compel H to vacate
the premises.
1$#. K was furnished a copy of the decision on 9ecember 14, 244* he filed a
motion for new trial on 9ecember 1., 244*. Dn 9ecember 22, 244*, the
motion was denied and K received a copy of the order on 9ecember 2/,
244*. When K shall ta,e his appeal! Why!
(t must be observed that 9ecember 14, the day K received a computation of
a period 0'rt. 1#, )ew +ivil +ode1. 9ecember 1., 244*, 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 :anuary. The period to run aain
on 9ecember 2/, 244* Therefore:
a. K should ta,e his appeal on or before :anuary #, 244..
b. K should ta,e his appeal on or before :anuary $, 244..
c. K should ta,e his appeal on or before :anuary &, 244..
d. K should ta,e his appeal on or before :anuary *, 244..
1$$. When may a final order be deemed to be not determinin the merits of a
case!
a. When the final order has been in writin, personally or directly
prepared by the jude.
b. When the final order states clearly and distinctly the facts and the
law on which is based, sined by the jude and filed with the cler,
of court.
c. When the final order considers and determines the rihts of the
parties as those rihts presently e"ist, upon matters submitted in
an action or proceedin.
d. When the final order was sined by the jude personally and filed
with the cler, of court but does not state the reason or basis
therefore.
1$&. +hoose one effect from the followin which does not arise or result from
the filin of demurrer to evidence.
a. The defendant does not waive his riht to offer evidence in the
event his motion was denied.
b. When the accused filed demurrer to evidence without e"press
leave of court, he waives his riht to present evidence and denies
the motion dismiss, the accused may adduce evidence in his
defense and submits the case for judment on the basis of the
evidence of the prosecution.
c. (f the motion is ranted and the order of dismissal is reversed
upon appeal, the movant loses the riht to present evidence on
his behalf.
d. (n case of reversal, the appellate court shall render judment for
the plaintiff based on the evidence alone.
1$*. Df the four instances below, choose one when injunction is not proper:
a. To restrain the threatened enforcement of an invalid law.
b. (n an action to compel a spouse to cohabit with the other.
c. (n a petition to relief from judment.
d. (n an action to restrain a criminal prosecution under an
unconstitutional statute.
1$.. +hoose the judicial proceedin below in which a writ of habeas corpus
can not be availed of as conse3uence thereof:
a. Where there has been deprivation of a constitutional riht
resultin in the restraint of a person.
b. Where an e"cessive penalty has been imposed, such sentence is
void as to such e"cess.
c. Where the petitioner has been unable to establish by evidence to
be entitled to the custody of the minor on account of mista,en
identity.
d. Where the lower court had no jurisdiction to impose the sentence.
1$/. 'n appeal in habeas corpus case shall be perfected by filin the notice of
appeal with the cler, of court or jude who rendered the judment within:
a. 1& days from notice of judment.
b. #4 days from notice of judment.
c. & days from notice of judment.
d. $/ hours from notice of judment.
1$2. Who may not rant a writ of habeas corpus?
a. 'ny 6eional Trial +ourt jude.
b. The +ourt of Ta" 'ppeals or any member thereof.
c. The +ourt of 'ppeal or any member of thereof.
d. The -upreme +ourt or any thereof.
1&4. The -andianbayan:
a. 5as no jurisdiction over petitions for prohibition, certiorari or
mandamus.
b. 5as jurisdiction, if it is in an aid of its 'ppellate :urisdiction.
c. 5as jurisdiction reardless of whether it is in aid of its appellate
jurisdiction or not.
1&1. ' petition for review on certiorari filed with the -upreme +ourt:
a. 7ay include an application for a writ of preliminary injunction only.
b. 7ay include an application for a unit of preliminary injunction or other
provisional remedies.
c. 7ay not include an application for any provisional remedy.
1&2. The Trial +ourt, +ourt of 'ppeals, the -andianbayan or the +ourt of Ta"
'ppeals, that issued a writ of preliminary injunction aainst a lower court,
board, officer or 3uasi>judicial body:
a. (s not re3uired to decide the main case or petition within a specified
period from the date of the issuance of the unit.
b. (s re3uired to decide the main case or petition within thirty 0#41 days
from the date of the issuance of the unit.
c. (s re3uired to decide the main case or petition within si" 0*1 moths the
date of the issuance of the unit.
d. (s not re3uired to decide the main case or petition after such
issuance.
1&#. Whenever the estate of a resident of the Philippines is escheated, his
personal estate is assined:
a. To the municipality where he last resided.
b. To the municipality where it is located.
c. To any municipality at the discretion of the court.
1&$. The unjustified absence of the plaintiff from a hearin is round for the
dismissal of his action, if the hearin is:
a. =rom the presentation of the evidence in chief on his complaint.
b. =or the hearin of his rebuttal evidence.
c. =or the presentation of the evidence of the adverse party.
1&&. (n an e"propriation proceedin, the plaintiff can enter upon and ta,e
possession of the property subject matter of the case:
a. Dnly if the decision therein is favorable and e"ecutory.
b. Dnly after such decision has become final and e"ecutory.
c. Dnly before any appeal has been ta,en from such favorable decision.
d. 't any stae of the proceedin before the rendition of the decision by
repostin with the authorized overnment depositary and amount
e3uivalent to the assessed value of the property, or in lieu thereof, a
certificate of deposit of overnment ban, of the 6epublic of the
Philippines payable on demand to the authorized overnment
depositary.
1&*. (n a foreclosure of real estate mortae proceedin, the A?3uity of
6edemptionB over the foreclosed property:
a. 9oes not e"ist.
b. 7ay be e"ercised at any time after the sale of the foreclosed property.
c. 7ay be e"ercised only before the confirmation of sale.
1&.. 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.
1&/. The 6eional Trial +ourt in which a petition for a Writ of 'mparo is filed is
the one which has jurisdiction over the:
a. Place of residence of the respondent or any of the respondents.
b. Place of residence of the arieved party only.
c. Place of residence of the petitioner who is not arieved party.
d. Place where the threat, act or omission was committed or any of its
elements occurred.
1&2. While 6 was wal,in alon a deserted street in ?speranza, 'usan del
-ur, a heavily tinted van stopped behind him and five armed, mas,ed men
alihted from the vehicle. The men rabbed 6, threw him inside the van,
blindfolded him and tied his hands behind his bac,. The van proceeded to
+aayan 9e Dro +ity, passin by 'usan del )orte. (n +aayan de Dro, the
roup transferred to another van and went up to 7alaybalay, @u,idnon. Epon
arrivin in 7alaybalay, the roup met someone who, after confirmin 6Bs
identity, ave a thic, wad a peso bills to the roup<s leader, T. Esin a
handun, T shot 6 five times at the bac,, instantly ,illin him. What crime%s
was%were committed and when court%s have jurisdiction over the case%s!
a. The crime committed was Lidnappin with 7urder and the 6T+s of
?speranza, 'usan del )orte, +aayan de Dro and @u,idnon have
concurrent jurisdiction over the case.
b. The crime committed was 7urder and the 6T+s of ?speranza,
'usan 9el )orte, +aayan de Dro and @u,idnon have concurrent
jurisdiction over the case.
c. The crime committed was Lidnappin with 7urder and the 6T+ of
?speranza has e"clusive jurisdiction over the case.
d. The crime committed was murder and the 6T+ of @u,idnon has
e"clusive oriinal jurisdiction over the case.
1*4. ), a baranay tanod, also moonlihts as driver of caro forwarder,
transportin oods and materials to and from the 7anila -outh pier. Dne
niht, while drivin one of the employer<s caro truc,s to the pier, ) met a
road mishap resulted in the openin of some of the crates in the truc,<s caro
hold. Epon inspection, ) noticed that crates contained bas of white powdery
substance. -uspectin the substance to be shabu, ) immediately called a
,umpadre narcotics aent who too, possession of the caro for laboratory
e"amination. The caro was confirmed to be shabu. The shabu<s shipper, 7,
was trac,ed and prosecuted for illeal possession of shabu. 9urin the trial.
7 moved to suppress the shabu on the round that they were the product of
an unreasonable warrantless search, 's :ude, would you e"clude the
evidence!
a. Hes the search was unreasonable because ), a baranay tanod, is a
overnment aent thus he should have first secure a warrant.
b. )o, the warrantless search was valid under the plain view doctrine.
-upported by )<s reasonable suspicion that the white powdery
substance was shabu.
c. Hes, there was no probable cause to conduct a warrantless search,
as shown by the fact ) had to call a narcotics aent ,umpadre to
determine if the spilt caro was prohibited substance.
d. )o, ) search the caro as a private citizen thus, he can do so even
without a warrant.
1*1. While patrollin an area ,nown for hih incidence of dru related
offenses, -t. 7atalis>mata and -t. @ilis>ta,bo came upon a roup of five
teenaers standin in the curb, near a par,ed car. Epon seein the patrol
car, the five teenaers scampered in all directions. -t. @ilis>ta,bo 3uic,ly
alihted from the vehicle and chased the nearest teenaer, 5, -t. @ilis>
ta,bo shouted at 5 to stop but 5 continued runnin. Epon roundin a corner,
5 threw away somethin. -t @ilis>ta,bo, who was hot on 5<s heels scooped>
up the object, and continued the chase. ?ventually, -t. @ilis>ta,bo overtoo,
5 and patted him down. )o weapons or incriminatin evidence were found.
5owever, upon e"amination by the crime lab, the object 5 threw on the
sidewal, turned out to be Acrac, cocaineB. 9urin his trial for illeal
possession of prohibited substance, 5 objected to the admission of the crac,
cocaine. 's jude would you admit the evidence!
a. Hes, the search was validly done incident to the warrantless arrest
based on probable cause arisin from the suspect<s suspicious
conduct in runnin away upon seein the police car.
b. )o, the search was illeal because there was no valid arrest. The
suspect<s conduct of runnin not bein sufficient to enender a well>
founded belief that the suspect was committin as a crime.
c. Hes, the evidence was obtained even before the suspect was
arrested renderin the rules on valid search and seizure inapplicable.
d. )o, the evidence should be suppressed because the suspect was
effectively already under the policeman<s control, yet there was no
probable cause to effect the arrest.
1*2. F, who was chare with 7urder, applied for bail. 'fter the bail hearin,
the 6eional Trial +ourt of 9umauete 06T+1 found that the evidence
aainst F is stron thus it denied his bail application. 5owever, after trial, the
6T+ 9umauete found F uilty of 5omicide only and sentenced him to an
indeterminate term of eiht years and one day of prison mayor, as minimum,
to fourteen years and eiht months of reclusion temporal, as ma"imum and
cancelled F<s bail. F had filed a notice of appeal to the +ourt of 'ppeals. 5e
wants to be freed on bail pendin his appeal. Where should F apply for bail!
a. F. should apply for bail in the 6T+ 9umauete which rendered
judment aainst him.
b. F should apply for bail in the +' as he had filed a notice of appeal of
a conviction for a bailable offense.
c. F should apply for bail in the 6T+ 9umauete which retains residual
jurisdiction over the case for purposes of rantin bail pendin
appeal.
d. F should apply for bail in the +' as the trial court had lost jurisdiction
over the case upon the filin of F<s appeal.
1*#. 'fter receivin tips that marijuana shrubs are bein rown in a compound
inside a subdivision, -t. ;iit, a narcotics aent specializin in marijuana
horticulture, chec,ed>out the place. To his dismay, -t. ;iit a narcotics
discovered that the compound was walled>off by a seven>foot concrete fence.
To et a better view, -t. ;iit climbed a nearby ,aimito tree. With the hiher
elevation, -t. ;iit saw in one corner of the compound a reen house where
meter>hih , marijuana li,e shrubs were bein rown. -t. ;iit went down the
tree. Lnoc,ed on the compound<s ate, introduced himself to the lone
careta,er, went inside the compound and uprooted some of the shrubs. Epon
e"amination by the crime laboratory, the shrubs were confirmed to be
marijuana. (n the hearin to suppress the evidence, the prosecution
contended that -t. ;iit seized the evidence under the plain view doctrine, is
this contention tenable!
a. Hes, because it was immediately apparent to -t. ;iit, a marijuana
horticulturist, that the shrubs were marijuana.
b. )o, because the shrubs were not in Aplain viewB as -t. ;iit had to
climb a nearby tree to see them.
c. Hes, because -t. ;iit, upon seein the shrubs, had probable cause
to believe that they were marijuana.
d. )o, because -t. ;iit had to enter the compound in order to obtain a
sample of the marijuana.
1*$. (s a mandatory Afile searchB of laptops of departin passeners at airports
0that is, the activation of laptops and the random openin of any of its files1
reasonable!
a. Hes, because the search is just pro>forma and there is reduced
e"pectation of privacy in airports.
b. )o, because such search without probable cause violates the riht of
passeners to the privacy of their papers.
c. Hes, because the overnment<s interest in monitorin cases of
violation of anti>piracy and pornoraphic laws is paramount over the
passener<s riht to privacy.
d. )o, because the overnment<s interest in institutin screenin
measures in transportation hubs such as airports and terminals
relates to ensurin the safety of passeners, not crimes the evidence
for which may be found in laptops.
1*&. +an 9epartment of :ustice prosecutors conduct preliminary invitation of a
complaint for @ribery aainst a @(6 6eional 9irector for violation of 6epublic
'ct #412 0'nti>Jraft and +orrupt Practices 'ct1!
a. Hes, as 9D: prosecutors< have been with a very broad investiatory
powers.
b. )o, because the Dmbudsman has e"clusive oriinal jurisdiction to
investiate public officials and employees.
c. Hes, because the 9D: prosecutors and the Dmbudsman e"ercise
concurrent investiatory powers over public officers.
d. )o, unless the parties submit themselves to the 9D: prosecutors<
1**. Which court%s has%have jurisdiction over a case for violation of -ection
#0e1 of 6epublic 'ct )o. #412 0'nti Jraft and +orrupt Practices 'ct1 where
the defendants are a city mayor 0salary rade 2.1, the city tourism operations
officer 0salary rade 111 and a computer operator 0salary rade 21!
a. The proper 6eional Trial +ourt since two of the respondents are
officials with salary rade 2..
b. The -andianbayan for the city mayor 0salary rade 2.1 and the
proper 6eional Trial +ourt for the city tourism operations officer
0salary rade 111 and computer operator 0salary rade 21.
c. The -andianbayan since one of the respondents is an official with
salary rade 2..
d. The -andianbayan of the proper 6eional Trial +ourt, dependin on
which court first ac3uires jurisdiction over the case.
1*.. +an a prosecutor conductin a preliminary investiation re3uire the
parties to submit a draft 6esolutions for their respective positions 0that is, for
the complaint, a 6esolution dismissin the complaint for lac, of probable
cause1 either of which he will just adopt, dependin on his evaluation of the
case!
a. Hes, nothin in the 6evised 6ules of +riminal Procedure prohibits
such a procedure.
b. )o, as this will allow the parties to e"ert undue influence on the
prosecutor.
c. Hes, as this will result in the prompt resolution of preliminary
investiations.
d. )o, because the prosecutor should personally determine whether
there is probable cause to try the accused.
1*/. ' party who has suffered damaes due to the issuance of an improper
irreular or e"cessive attachment aainst him may claim such damaes:
a. Dnly after the judement has become final e"ecutory
b. Dnly in a separate action aainst 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
judment becomes e"ecutory.
1*2. Who may not rant a writ of habeas corpus!
a. 'ny 6eional Trial court jude
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
1.4. (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.
1.1. +hoose from amon the rounds below for the dismissal of the petition
for certiorari the round which will sustain the issuance of writ of certiorari.
a. if it is patently without merit
b. if the act of was committed with rave abuse of discretion amountin to
lac, or e"cess of jurisdiction
c. if the 3uestions raised are too insubstantial to re3uire considerationI or
d. if it is prosecuted manifestly for delay
1.2. The mode appeal from the decision of the 6eional Trial +ourt rendered
in the e"ercise of its appellate jurisdiction is by:
a. Petition for review under rule $2.
b. Petition for review on certiorari under 6ule $&.
c. ' notice of appeal filed with the 6eional Trial +ourt.
1.#. +hoose one effect from the followin which does not arise or result from
the filin of demurrer to evidence.
a. The defendant does not waive his riht to offer evidence in the event
his motion is denied.
b. (n case of reversal, the appellate court shall render judement for
the plaintiff base on the evidence alone.
c. (f the motion is ranted and the order of dismissal is reversed upon
appeal, the movant loses the riht to present evidence on his behalf.
d. When the accused filed demurrer to evidence and denies the motion
to dismiss, the accused may adduce evidence in his defense and
submits the case for judement on the basis of the evidence of the
prosecution.
1.$. When may final order be deemed to be not determinin the merits of a
case!

a. When the final order has been writin, personally or directly
prepared by the jude.
b. When the final order was sined by the jude 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 rihts of the
parties as those rihts which presently e"ist, upon matters
submitted in an action or proceedin.
d. When the final orders states clearly and distinctly the facts and the
law on which it is based, sined by the jude and filed with the
cler, of court.
1.&. AKB sued AHB who is in answer enerally denied the material alleations in
the complaint. AKB should file a

a. 9emurrer to evidence
b. ' motion for judment on the pleadins.
c. ' motion for bill of particulars
d. ' motion for summary judment
e. ' reply to the answer
1.*. +hoose the judicial proceedins below in which a writ of habeas corpus
can not be availed of as conse3uence thereof

a. Where there has been deprivation of a constitutional riht resultin
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.
1... The pendency of a special civil action under 6ule *& produces the followin
effect:
a. (t interrupts the course of the principal case.
b. (t interrupts the course of the principal case if there is a temporary
restrainin order or a writ of preliminary injunction issued aainst the
public respondent.
c. The court tryin the principal case has no discretion to postpone
the hearin to await the decision in the special civil action.
ANSWER KEY IN REMEDIAL LAW REVIEW
1. @ &*. + 111. ' 1**. +
2. ' &.. @ 112. + 1*.. 9
3. B 58. A 113. C 168. C
4. D 59. A 114. C 169. B
5. A 60. A 115. D 170. D
6. C 61. D 116. D 171. B
7. D 62. C 117. D 172. A
8. C 63. C 118. D 173. D
9. A 64. C 119. C 174. B
10. E 65. A 120. D 175. B
11. A 66. D 121. D 176. C
12. C 67. D 122. A 177. B
13. B 68. C 123. A
14. C 69. D 124. A
15. B 70. D 125. A
16. B 71. A 126. A
17. 72. C 127. D
18. C 73. D. 128. D
19. E 74. C 129. B
20. D 75. C 130. D
21. A 76. B 131. B
22. E 77. D 132. C
23. E 78. D 133. D
24. E 79. A 134. D
25. A 80. C 135. C
26. B 81. C 136. C
27. D 82. D 137. D
28. C 83. E 138. B
29. C 84. B 139. D
30. C 85. E 140. B
31. D 86. D 141. D
32. C 87. B 142. D
33. B 88. D 143. D
34. A 89. A 144. D
35. C 90. B 145. B
36. D 91. D 146. B
37. D 92. D 147. C
38. C 93. B 148. D
39. C 94. D 149. B
40. C 95. C 150. C
41. D 96. B 151.
42. C 97. C 152. C
43. C 98. B 153. B
44. B 99. C 154. A
45. D 100. 155. D
46. B 101. A 156. C
47. D 102. B 157. B
48. C 103. B 158. D
49. C 104. C 159. D
50. A 105. C 160. D
51. C 106. C 161. C
52. B 107. A 162. B
53. C 108. C 163. B
54. A 109. B 164. B
55. D 110. C 165. A