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REMEDIAL LAW MCQ 1.

A complaint was filed in the RTC for unlawful detainer wherein defendant filed his answer and offered no objections when the petitioner presented his evidence. Defendant then filed a demurrer which was denied and judgment was rendered in favor of plaintiff. Defendant now assails the validity of the judgment on the ground of lack of jurisdiction. Decide a. Judgment should be rendered null and void as unlawful detainer is within the exclusive jurisdiction of the MTC b. Defendant is stopped from assailing the jurisdiction c. The RTC should remand the complaint to the proper MTC d. Defendant should file for an MR in the RTC because it retains jurisdiction under the doctrine of continuity of jurisdiction. 2. A filed an action against B for the collection of 300K as unpaid debt, 50k damages and 100k for litigation costs. A filed his complaint in the RTC. B filed for a motion to dismiss for lack of jurisdiction over the subject matter. A contends that the amount sought to be collected is 450K, well within the jurisdiction of the RTC. Who is correct? a. B is correct because 300K is not within the jurisdiction of the RTC b. A is correct because 300k is within the jurisdiction of the RTC c. B is correct because 450K is within the jurisdiction of the MTC d. A is correct because 450K is within jurisdiction of the RTC 3. Pedro filed a complaint against Juan alleging different causes of action. However, it was determined that A mixed ordinary actions and special civil actions in his complaint (ex. collection and foreclosure). In this situation, which would apply? a. The complaint must now be dismissed without prejudice to the refilling of actions b. The misjoined cause of action may only be severed upon motion of the party c. The misjoinder is not a ground for dismissal and may be severed and proceeded with separately d. The complaint will must not be dismissed with prejudice to the refilling of the actions 4. After a judgment has become final and executor, the following may constitute the remedy of the losing party. Identify the proper remedy. a. Petition for Relief b. Action to annul the judgment c. Motion for new trial or reconsideration d. a and b 5. Who must sign the complaint and what is the effect of an unsigned pleading? a. the counsel or the plaintiff; an unsigned pleading produces no legal effect. b. the counsel; an unsigned pleading may be amended to include the signature c. The plaintiff; an unsigned pleading produces no legal effect d. The counsel and the plaintiff; an unsigned pleading may be amended to include the signature. 6. Pedro and Juan were business partners. They executed a contract where they agreed that they will sue and be sued in the courts of Manila. A collection suit commence

between the two of them. Where should this be filed? a. Only in Manila b. At the residence of the plaintiff or the defendant at the plaintiffs option c. At the residence of the plaintiff or the defendant at the defendants option d. At the residence of the plaintiff or the defendant or in Manila at the plaintiffs option 7. On what ground may a party ask for the dismissal of a complaint if there is failure to comply with the requirement of prior conciliation before the barangay? a. Absence of cause of action b. Pleading asserting the claim states no cause of action c. Failure to comply with a condition precedent d. a and c only 8. L filed a complaint against P, who failed to file an answer within the reglamentary period. T filed to declare P in default which was granted by the courts. Which is correct? a. By virtue of P being in default, complete relief will automatically be granted to L b. By virtue of P being in default, he will not be allowed to take part in the trial nor will he be entitled to notices of subsequent proceedings c. By virtue of P being in default, P will be deemed to have admitted to have admitted the truth or the validity of the plaintiffs claim d. By virtue of P being in default, he will not be allowed to be heard or present evidence but will still be allowed to participate as a witness. 9. Simon filed a complaint against Randy. Instead of filing an answer Randy filed for a motion to dismiss on the ground of failure to state a cause of action. Simon then sought to amend his complaint to state all the elements of his cause of action. Can Simon amend his complaint? a. No, Simon cannot amend his complaint as the motion to dismiss served as a responsive pleading. b. No, Simon cannot amend his complaint without securing the permission of the court first c. Yes, Simon can amend his complaint as the motion to dismiss is not a responsive pleading d. Yes, Simon can amend his complaint provided it is a formal amendment only and not a substantial amendment. 10. Juan filed a complaint against Pedro and Juan lost. On the 10th day from judgment, Juan filed a Motion for Reconsideration but failed to serve Pedro a notice of hearing. On the 16th day, Pedro filed for a writ of execution which Juan opposed on the ground that the judgment is under reconsideration. Which is correct? a. Juans MR did not prosper and thus prevent the judgment from attaining finality b. Juans MR did not proper and did not prevent the judgment from attaining finality c. Juans MR did prosper and the case should be reset for hearing d. Juans MR did not prosper and the case should be reset for hearing 11.Juan file a complaint against Maria. Maria then filed a motion to dismiss on account of improper venue. If the court denies the motion Maria should: a. appeal the refilling of the motion to dismiss

b. file his answer within the balance of the period to which he was entitled at the time of serving his motion c. file for certiorari against the court for denying his motion to dismiss d. file his answer within the balance of the time as long as it is not less than 10 days to file his answer. 12. A plaintiff can file for a notice of dismissal as a matter of right except: a. If the notice of dismissal is filed before an answer is served. b. when a complaint has already been dismissed twice based on the same claim and in a court of competent jurisdiction c. when a complaint was dismissed without prejudiced and was refilled d. when a complaint has been refilled after a notice of dismissal was previously filed. 13.Maria filed a complaint against Pedro. In turn, Pedro filed a counterclaim against Maria. Maria failed to prosecute her action for an unreasonable amount of time causing Pedro to move for the dismissal of the action due to the fault of plaintiff. Which of the following is correct? a. the dismissal of the main action will not have an effect of the counterclaim b. the dismissal of the main action will carry with it the dismissal of the counterclaim. c. If the dismissal of the main action eliminates the cause of action of the counterclaim, the counterclaim will still survive d. if the dismissal of the main action eliminates the cause of action of the counterclaim, the counterclaim will not survive 14. Juan filed a complaint against Tomas. Before Tomas could file an answer, Pedro filed for a claim-in-intervention. Juan now seeks to dismiss the action upon notice under Rule 17 Section 1. Will Juans action prosper? a. No, it will not prosper as a claim as a claim in intervention prevents the plaintiff from taking a voluntary dismissal of the action b. No it will not prosper with regard the intervention but will prosper against the original action c. Yes it will prosper with regard to the main action but Pedro will be allowed to continue with his suit d. Yes it will prosper and as an effect, Pedros motion for intervention will also be dismissed. 15. What are the following conditions to grant a motion to postpone a trial? a. A motion to postpone a trial on the ground of absence of evidence can be granted only upon an affidavit showing that due diligence has been used to procure such evidence b. a motion to postpone a trial on the ground of illness of a party may be granted upon a motion filed with leave of court showing that the presence of such party or counsel at the trial is indispensable and that the character of his illness is such as to render his nonattendance excusable c. a motion to postpone a trial on the ground of absence of evidence can be granted only upon an affidavit showing that due diligence has been used to procure it but the same has been lost or destroyed. d. a motion to postpone a trial on the ground of illness of a party may be granted upon

an affidavit showing that the presence of such party or counsel is indispensable and that the character of illness is such as to render his non-attendance excusable. 16. Which of the following is true about trials conducted by a commissioner? a. a trial may be referred by the court to a commissioner upon application and written consent of the parties b. the parties can object to the report filed by the commissioner on grounds based on the conclusions and findings set forth in the report and those available to the parties during the proceedings before the commissioner c. If a party fails to appear at the time and place appointed for trial, the commissioner shall proceed with the trail ex parte or adjourn the proceedings at his discretion d. a commissioner has the same powers granted upon a person before whom depositions are taken. 17.Which of the following states is true about judgments on the pleadings and summary judgments? a. In summary judgments, judgment is based only on the complaint and the answer filed while in judgment on the pleadings, judgment s based not only on the complaint and answer but plaintiff may also avail of modes of discovery b. in both judgment on the pleadings and summery judgments, judgment is rendered on the ground that the defendant failed to file his answer c. in judgment on the pleadings, the answer raises an issue but there really is no genuine issue as to material facts while in summary judgments, the answer fails to tender an issue d. in judgment on the pleadings, only the plaintiff files, but in summary judgment, either plaintiff or defendant or both file 18. Which of the following is not a ground for a motion for new trial or motion for reconsideration? a. That the evidence is insufficient to justify the decision or final order b. that the decision or final order is contrary to law c. the existence of newly discovered evidence, which the party could not, with ordinary diligence have discovered and produced d. that the damages awarded are excessive 19. The following states are TRUE except: a. The original court retains residual jurisdiction over matters not covered by the appeal b. the court loses jurisdiction over the case or subject matter once the appeal is perfected c. In notice of appeal, the appeal is perfected upon filing d. in record of appeal, the appeal is perfected upon approval by the court 20. The plaintiff files notice of dismissal before the judgment of the case. The court issue an order confirming the dismissal. What is the remedy of the defendant when the plaintiff refiles the same case and the judgment is favorable to the latter? a. file a petition for relief of judgment b. appeal by certiorari c. appeal the case under Rule 45 d. file a motion for reconsideration

21.As regards execution, it is true that: a. issuance of writ of execution is a ministerial duty of the court before a judgment is final and executory b. execution is a matter of right upon the expiration of the period to appeal and no appeal has been perfected as to him c. an appeal may be taken from an order of execution d. in order to protect the favorable party, the rule that it is the ministerial duty of the trial court to issue a writ of execution when proper is absolute 22. During trial, evidence was presented without objection to prove an issue not raised in the pleading. Which of the following is correct? a. This issue will be taken into consideration with the requirement that the pleading be amended to conform to the issue proven during trial b. there must be a supplemental pleading filed to accommodate the new issue presented c. this will be deemed as an implied amendment as there was no objection and hence, the issue will be considered as if included in the pleadings a. the issue will be disregarded as it was not included in the pleading 23. Elmer filed a complaint against Dave who was not served summons. Elmer then file a motion to declared Dave in default for his failure to submit an answer. Upon hearing this Dave filed a motion to dismiss on the ground of lack of jurisdiction over his person. Which is correct? a. The court should deny Daves motion to dismiss and Dave should now file an answer b. The court should proceed with the trial because jurisdiction over Dave has already been acquired through Daves voluntary appearance c. The court should dismiss the case for lack of jurisdiction over the person of Dave d. The court should declare Dave in default for failure to file an answer 24. Pamela filed a complaint against Dean. Dean then filed a motion to dismiss on account of improper venue. IF the court denies the motion Dean should a. Appeal the refilling of the motion to dismiss. b. file his answer within the balance of the period to which he was entitled at the time of serving his motion c. file his answer within the balance of the time as long as it is not less than 10 days to file his answer d. file for certiorari against the court for denying his motion to dismiss. 25. What is the remedy of plaintiff when a defendants motion to dismissed based on violation of statute of frauds is granted? a. File for appeal from the order of dismissal b. refile the complaint against the defendant c. file for certiorari under Rule 65 d. amend his pleading 26. A plaintiff can file for a notice of dismissal as a matter of right except: a. When a complaint was dismissed without prejudice and was refilled. b. If the notice of dismissal is filed before an answer is served c. when a complaint has already been dismissed twice based on the same claim and in a

court of competent jurisdiction d. when a complaint has been refilled after a notice of dismissal was previously filed 27. Which of the following is TRUE: a. The fresh period rule applies if the second motion for new trial is granted b. When the first motion for new trial is based on newly discovered evidence on a second motion for new trial may be filed based on fraud, accident, mistake or excusable negligence 28. The following are grounds for motion to dismiss when granted are not appealable EXCEPT: a. That the venue is improperly laid b. That the claim on which the action is founded in unenforceable under the provisions of the statute of frauds c. that a condition precedent for filing the claim has not been complied with d. that there is another action pending between the same parties for the same cause 29. Which of the following judgment or final orders are, though not appealable are proper subjects of a special civil action under Rule 65? a. An order disallowing or dismissing an appeal b. an order of execution c. an order denying a motion for new trial or reconsideration d. an interlocutory order 30. The plaintiff files notice of dismissal before the judgment of the case. The court issue an order confirming the dismissal. What is the remedy of the defendant when the plaintiff refiles the same case and the judgment is favorable to the latter? a. Appeal the case under Rule 45 b. Appeal by certiorari c. File a petition for relief of judgment d. Files a motion for reconsideration 31. What is equity of redemption? a. It is a right granted to the mortgagor to repurchase his property when his rights have been seriously prejudiced. b. It is a right by which the mortgagor is able to repurchase the property within one year after the judgment becomes final c. it is a right of the morthgagor to re-buy the property within 1 year from the registration of the certificate of sale d. It is the right of the mortgagor to extinguish the mortgage and retain ownership of the property by paying the debt within 90-120 days after the entry of judgment or even after the foreclosure but prior to its confirmation. 32.Under the law, who among the following may file a complaint for partition? a. A person having a lien over the property, or on lay part thereof b. Any person c. a person having the right to compel the partition of real estate d. A person having the right to compel the partition of real estate. 33. Which of the following statement is true?

a. Real property may only be partitioned upon the determination of the Commissioners appointed by the court b. Rule 69 is the only means of partitioning property c. Rule 69 (Partition) is only applicable to real property d. Rule 69 is applicable to both real and personal property. 34. When does the MTC lose jurisdiction over probate cases, testate or intestate? a. The gross value of the estate exceeds P300,000.00 or in probate matters in Metro Manila where such gross value exceeds P400,000.00 b. Gross value of the estate exceeds P100,000 or in probate mattes in Metro Manila, where such gross sale exceeds P200,00 c. Assessed value of the property exceeds P20,000 or in Metro Manila where such value exceeds P50,000.00 d. When does the court acquire jurisdiction for the allowance of the will a. upon filing of the petition for probate b. upon filing of a petition for probate and attaching a copy of the will c. upon delivery of the will with the court even without petition for its allowance d. one of the choices is not correct 35. Deceased Peter had properties in Makati, Cebu and Canada. His brother Yury was issued a letters testamentary by RTC Makati City. Such letters testamentary shall extent to all estate of deceased Peter. a. In Makati only b. in all places where the deceased had properties (Makati, Cebu, Canada) c. in Makati and Cebu d. In Cebu only 36. When may a deprived heir or creditor be allowed to compel the settlement of the estate in the courts for the purpose of satisfying their lawful participation? a. Anytime, as long as the will is approved by the probate court b. anytime. If there is fraud c. Within 2 yrs from the approval of the will by the probate court d. Within 2 yrs from the settlement and distribution of the estate 37. Juan died in 2006 and on the same year, an extrajudicial settlement of the estate of the deceased under Rule 74 was made by his heirs, it appearing that he had no indebtedness. In 2009 Kim file a claim against the estate of the deceased, claiming that he had no knowledge of the settlement. a. Kim is barred from filing his claim as it was made beyond the 2 yr prescriptive period allowed for the deprived heir or creditor to enforce his claim. b. Kim may still pursue his claim. The 2 yr prescriptive period applies only against parties who had taken part in the extrajudicial proceedings, but not against third parties not parties to it. c. A deprived creditor, regardless if he had knowledge of the settlement or not, may pursue his claim at any time since it is considered a vested right d. The prescriptive period in this case is 10 years since the cause of action is based on a contract

38. What order by the probate court is not appealable? a. Order appointing a special administrator b. Order revoking the letters of administration c. Order granting the letters of administration d. Over disallowing a will 39. The following but one are actions that survive against a decedents executor or administrator. Which action does not survive the death of the antecedent? a. Action for support b. Action to recover personal and real property c. action to enforce a lien from the estate d. Action to recover damages for injury to persons or property, real or personal 40. A petition for escheat may be filed by the Solicitor General or his representative in behalf of the Republic of the Philippines, in the appropriate Court of the province where the deceased last resided when; a. Only real property is seized from the decedent who dies in intestate and he has no living heirs b. Only personal property is seized from the decent who dies intestate and he has no living heirs c. Real or personal property is seized from the decent who dies intestate and he has no living heirs d. Real or personal property is seized from the decedent who dies either testate or intestate; or the place where he had estate if he resided out of the Philippines 41. The following conditions shall be deemed to be a part of the bond whether written therein or not, except: a. That the trustee will make and return to the court a true inventory of all the real and personal estate belonging to him as trustee b. That he will render upon oath at least once a year until his trust is fulfilled, unless excused c. That he will manage and dispose of all such estate and faithfully discharge his trust in relation thereto. d. That at the expiration of his trust he will settle extra-judicially and pay over and deliver all the estate remaining in his hands, or due from him on such settlement, to the person or persons entitled thereto. 42. A guardian appointed shall have; a. If non-resident, management of all estate of the ward within the Philippines b. Authority to join in partition proceedings even without a hearing c. Management of the wards estate d. The care and custody of the person of his ward and the management of his estate. 43. After the filing of the petition of a general guardian; a. The court will fix a time and hearing and shall cause reasonable notice to parties concerned with the exclusion fo the minor b. The petition shall be verified and defects in the petition or verification shallr ender

void the issuance of letters of guardianship. c. When the property of the child under parental authority is worth P2,000.00 or less the father or mother, with the necessity of court appointment, shall be his legal guardian d. Any relative or next in kin, may file a written opposition to contest the petition. 44. Can adoption maybe rescinded or revoked for the same causes that authorize the deprivation of parental authority? a. No b. No, except when allowed by law c. Yes d. Yes, only when the adopted person has attempted against the life of the adopter. 45. In the inter-country Adoption Act, who is qualified to adopt? a. 21 year old man, single, who seeks to adopt a 2 yr old baby b. 25 year old woman, married, who seeks to adopt jointly with her spouse a 7 year old baby c. 30 year old woman, single, who seeks to adopt a 12 year old kid d. 28 year old man, Filipino, who seeks to adopt his 15 year old brother 46. For offenses where a preliminary investigation is required, criminal actions shall be instituted by a. Filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts or the complaint with the office of the prosecutor b. Filing the complaint with the proper officer, pursuant to Rule 112 Sec 1 c. Filing the initiatory pleading and paying the required docket fees d. Filing the initiatory pleading, without having to pay first the required docket fees. 47. Jurisdiction is determined by a. What may be meted out to the offender after the trial b. The law in force at the time has commenced c. The law in force at the time of the institution of the criminal action d. When the evidence provides a less offense than that charged in the information 48. When may a person in detention apply for bail? a. Anytime during the criminal proceeding b. As soon as he is deprived of his liberty, even before a complaint or information is filed against him c. Upon his arraignment d. As soon as he is deprived of his liberty, provided that a complaint or information has been filed against him 49. As a general rule, the accused may move to quash the complaint or information. a. Before the prosecution starts presenting its evidence b. At any stage in the proceedings c. During the trial d. At any time before entering his plea 50. Within how many days should trial commence? a. Within 30 days from plea of not guilty b. Within 15 days from plea of not guilty

c. Within 30 days from receipt of the order of pre-trial d. Within 15 days from receipt of the order of pre-trial 51. When witness for the accused are either sick or infirm or unavailable or reside more than 100 kilometers from the place of trial and have no means to attend the same, they may be conditionally examine before: a. Any court b. In all instances, before an inferior court to be designated c. Any court, even when the prosecutor is absent, provided he was duly notified of the hearing d. A judge or if not practical a member of the Bar in good standing 52. What is the effect of appeal by any of several accused? a. The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from. b. An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the former c. The appeal of the offended party from the civil aspect shall not affect the civil aspect of the judgment or order appealed from d. An appeal taken by one or more of several accused shall not affect those who did not appeal except in so far as the judgment of the appellate court is inapplicable to the former. 53. Where can you file for an application for search warrant? a. Any court in the country as long as there are compelling reasons to do so b. With or without any compelling reasons to do so, any court within the judicial region where the crime was committed if the place of the commission of the crime is known. c. if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending d. none of the above 54. The following persons are in the premises. To whom should the search warrant be presented by the searching officer? a. Two neighbors of the lawful occupant b. The helper of the lawful occupant c. The brother of the lawful occupant d. The barangay tanod 55. Where can you not file a motion to quash? a. In the court where the alleged offense was committed b;. In the court where the criminal case is pending c. In the court where the action has been instituted d. In the court that issued the search warrant, assuming there is yet no criminal case pending in any order court 56. Evidence that indirectly proves a fact in issue through an inference which the fact finder draws from the fact established is called. a. Direct evidence

b. Prima facie evidence c, Relevant evidence d. Circumstantial evidence 57. Which of the following states is true regarding judicial notice of foreign laws? a. Courts cannot take judicial notice of foreign laws since they must be alleged and proved. b. A hearing is required for the court to take judicial notice of foreign laws c. Foreign laws may be subject to judicial notice at the discretion of the judge d. foreign laws may be subject to mandatory judicial notice 58.Which of the following is false regarding the Best Evidence Rule? a. The best evidence rule precludes the admission of secondary evidence if the original document is avaible. B, The best evidence rule establishes a preference for the original document over a secondary evidence thereof c. The best evidence rue can be invoked only by the parties to the document and their successors in interest d. The best evidence rule applies to all forms of writing 59. Which of the following statements is true? a. The rules of electronic evidence are applicable to criminal proceedings b. The confidential character of a privileged communication is not lost solely on the ground that it is in the form of an electronic document c. Evidence on the sexual predisposition of a 15 year old rape victim is always inadmissible in evidence under the Child Witness Rule d. A declaration against interest is admissible against the declarant only. 60. Which of the following is true regarding admissions against interest? a. It is made at anytime, even during the trial b. The declarant must be dead or unable to testify c, It is admissible even against third persons d. It is an exception to the hearsay rule