DAY 4 (AM) Remedial Law Flashcards
(1) Anna filed a petition for appointment as regular administratrix of her fathers’ estate. Her sister Sophia moved to dismiss the petition on the ground that the parties, as members of the same family, have not exerted earnest effort toward a compromise prior to the filing of the petition. Should the petition be dismissed?
(A) Yes, since such earnest effort is jurisdictional in all estate cases.
(B) No, since such earnest effort is not required in special proceedings.
(C) Yes, since such earnest effort is required prior to the filing of the case.
(D) No, since such earnest effort toward a compromise is not required in summary proceedings.
(B) No, since such earnest effort is not required in special proceedings.
(2) A pending criminal case, dismissed provisionally, shall be deemed permanently dismissed if not revived after 2 years with respect to offenses punishable by imprisonment
(A) of more than 12 years.
(B) not exceeding 6 years or a fine not exceeding P1,000.00.
(C) of more than 6 years or a fine in excess of P1,000.00.
(D) of more than 6 years.
(D) of more than 6 years.
(3) Angie was convicted of false testimony and served sentence. Five years later, she was convicted of homicide. On appeal, she applied for bail. May the Court of Appeals deny her application for bail on ground of habitual delinquency?
(A) Yes, the felonies are both punishable under the Revised Penal Code.
(B) Yes, her twin convictions indicated her criminal inclinations.
(C) No, the felonies fall under different titles in the Revised Penal Code.
(D) No, the charges are both bailable.
(C) No, the felonies fall under different titles in the Revised Penal Code.
(4) Which of the following is NOT CONSISTENT with the rules governing expropriation proceedings?
(A) The court shall declare the defendant who fails to answer the complaint in default and render judgment against him.
(B) The court shall refer the case to the Board of Commissioners to determine the amount of just compensation.
(C) The plaintiff shall make the required deposit and forthwith take immediate possession of the property sought to be expropriated.
(D) The plaintiff may appropriate the property for public use after judgment and payment of the compensation fixed in it, despite defendant’s appeal.
(A) The court shall declare the defendant who fails to answer the complaint in default and render judgment against him.
(5) Which of the following is a correct statement of the rule on amendment of the information in a criminal proceeding?
(A) An amendment that downgrades the offense requires leave of court even before the accused pleads.
(B) Substantial amendments are allowed with leave of court before the accused pleads.
(C) Only formal amendments are permissible before the accused pleads.
(D) After the plea, a formal amendment may be made without leave of court.
(A) An amendment that downgrades the offense requires leave of court even before the accused pleads.
(6) Gary who lived in Taguig borrowed P1 million from Rey who lived in Makati under a contract of loan that fixed Makati as the venue of any action arising from the contract. Gary had already paid the loan but Rey kept on sending him letters of demand for some balance. Where is the venue of the action for harassment that Gary wants to file against Rey?
(A) In Makati since the intent of the party is to make it the venue of any action between them whether based on the contract or not.
(B) In Taguig or Makati at the option of Gary since it is a personal injury action.
(C) In Taguig since Rey received the letters of demand there.
(D) In Makati since it is the venue fixed in their contract.
(B) In Taguig or Makati at the option of Gary since it is a personal injury action.
(7) Which of the following is NOT within the power of a judicial receiver to perform?
(A) Bring an action in his name.
(B) Compromise a claim.
(C) Divide the residual money in his hands among the persons legally entitled to the same.
(D) Invest the funds in his hands without court approval.
(D) Invest the funds in his hands without court approval.
(8) Which of the following precepts forms part of the rules governing small claims?
(A) Permissive counterclaim is not allowed.
(B) The court shall render its decision within 3 days after hearing.
(C) Joinder of separate claims is not allowed.
(D) Motion to declare defendant in default is allowed.
(A) Permissive counterclaim is not allowed.
(9) The Metropolitan Trial Court convicted Virgilio and Dina of concubinage. Pending appeal, they applied for bail, claiming they are entitled to it as a matter of right. Is their claim correct?
(A) No, bail is not a matter of right after conviction.
(B) Yes, bail is a matter of right in all cases not involving moral turpitude.
(C) No, bail is dependent on the risk of flight.
(D) Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction.
(D) Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction.
(10) As a rule, the judge shall receive the evidence personally. In which of the following circumstances may the court delegate the reception of evidence to the clerk of court?
(A) When a question of fact arises upon a motion.
(B) When the trial of an issue of fact requires the examination of a long account.
(C) In default or ex-parte hearings.
(D) Upon motion of a party on reasonable grounds.
(C) In default or ex-parte hearings.
(11) Which of the following is in accord with the applicable rules on receivership?
(A) The court may appoint the plaintiff as receiver of the property in litigation over the defendant’s objection.
(B) A receiver may be appointed after judgment if the judgment obligor refuses to apply his property to satisfy the judgment.
(C) The trial court cannot appoint a receiver when the case is on appeal.
(D) The filing of bond on appointment of a receiver is mainly optional.
(B) A receiver may be appointed after judgment if the judgment obligor refuses to apply his property to satisfy the judgment.
(12) Bearing in mind the distinction between private and public document, which of the following is admissible in evidence without further proof of due execution or genuineness?
(A) Baptismal certificates.
(B) Official record of the Philippine Embassy in Singapore certified by the Vice- Consul with official seal.
(C) Documents acknowledged before a Notary Public in Hong Kong.
(D) Unblemished receipt dated December 20, 1985 signed by the promisee, showing payment of a loan, found among the well-kept file of the promissor.
(B) Official record of the Philippine Embassy in Singapore certified by the Vice- Consul with official seal.
(13) Ramon witnessed the commission of a crime but he refuses to testify for fear of his life despite a subpoena being served on him. Can the court punish him for contempt?
(A) No, since no person can be compelled to be a witness against another.
(B) Yes, since public interest in justice requires his testimony.
(C) No, since Ramon has a valid reason for not testifying.
(D) Yes, since litigants need help in presenting their cases.
(B) Yes, since public interest in justice requires his testimony.
(14) The right to intervene is not absolute. In general, it CANNOT be allowed where
(A) the intervenor has a common interest with any of the parties.
(B) it would enlarge the issues and expand the scope of the remedies.
(C) the intervenor fails to put up a bond for the protection of the other parties.
(D) the intervenor has a stake in the property subject of the suit.
(B) it would enlarge the issues and expand the scope of the remedies.
(15) Which of the following grounds for dismissal invoked by the court will NOT PRECLUDE the plaintiff from refiling his action?
(A) Res judicata.
(B) Lack of jurisdiction over the subject matter.
(C) Unenforceability under the Statutes of Fraud.
(D) Prescription.
(B) Lack of jurisdiction over the subject matter.
(16) When may a co-owner NOT demand the partition of the thing owned in common?
(A) When the creditor of one of the co-owners has attached the property.
(B) When the property is essentially indivisible.
(C) When related co-owners agreed to keep the property within the family.
(D) When a co-owner uses the property as his residence.
(B) When the property is essentially indivisible.
(17) The city prosecutor of Manila filed, upon Soledad’s complaint, a criminal action for estafa against her sister, Wella, before the RTC of Manila for selling to Victor a land that she previously sold to Soledad. At the same time Soledad filed a civil action to annul the second sale before the RTC of Quezon City. May the Manila RTC motu proprio suspend the criminal action on ground of prejudicial question?
(A) Yes, if it may be clearly inferred that complainant will not object to the suspension of the criminal case.
(B) No, the accused must file a motion to suspend the action based on prejudicial question.
(C) Yes, if it finds from the record that such prejudicial question exists.
(D) Yes, if it is convinced that due process and fair trial will be better served if the criminal case is suspended.
(B) No, the accused must file a motion to suspend the action based on prejudicial question.
(18) Which of the following conforms to the applicable rule on replevin?
(A) The applicant must file a bond executed to the adverse party in an amount equal to the value of the property as determined by the court.
(B) The property has been wrongfully detained by the adverse party.
(C) The applicant has a contingent claim over the property object of the writ.
(D) The plaintiff may apply for the writ at any time before judgment.
(B) The property has been wrongfully detained by the adverse party.
(19) Gerry sued XYZ Bus Co. and Rico, its bus driver, for injuries Gerry suffered when their bus ran off the road and hit him. Of the two defendants, only XYZ Bus Co. filed an answer, alleging that its bus ran off the road because one of its wheels got caught in an open manhole, causing the bus to swerve without the driver’s fault. Someone had stolen the manhole cover and the road gave no warning of the danger it posed. On Gerry’s motion and over the objection of XYZ Bus Co., the court declared Rico, the bus driver, in default and rendered judgment ordering him to pay P50,000 in damages to Gerry. Did the court act correctly?
(A) No, since the court should have tried the case against both defendants upon the bus company’s answer.
(B) No, the court should have dropped Rico as defendant since the moneyed defendant is the bus company.
(C) Yes, the court can, under the rules, render judgment against the defendant declared in default.
(D) Yes, since, in failing to answer, Rico may be deemed to have admitted the allegations in the complaint.
(A) No, since the court should have tried the case against both defendants upon the bus company’s answer.
(20) Which of the following has NO PLACE in an application for a replevin order? A statement
(A) that the property is wrongfully detained by the adverse party.
(B) that the property has not been distrained for a tax assessment or placed under custodia legis.
(C) of the assessed value of the property.
(D) that the applicant owns or has a right to the possession of the property.
(C) of the assessed value of the property.
(21) In which of the following instances is the quantum of evidence ERRONEOUSLY applied?
(A) in Writ of Amparo cases, substantial evidence.
(B) to satisfy the burden of proof in civil cases, preponderance of evidence.
(C) to overcome a disputable presumption, clear and convincing evidence.
(D) to rebut the presumptive validity of a notarial document, substantial evidence.
(D) to rebut the presumptive validity of a notarial document, substantial evidence.
(22) The accused jumps bail and fails to appear on promulgation of judgment where he is found guilty. What is the consequence of his absence?
(A) Counsel may appeal the judgment in the absence of the accused.
(B) The judgment shall be promulgated in his absence and he loses his right of appeal.
(C) The promulgation of the judgment shall be suspended until he is brought to the jurisdiction of the court.
(D) The judgment shall be void.
(B) The judgment shall be promulgated in his absence and he loses his right of appeal.
(23) What should the court sheriff do if a third party serves on him an affidavit of claim covering the property he had levied?
(A) Ask the judgment obligee to file a court-approved indemnity bond in favor of the third-party claimant or the sheriff will release the levied property.
(B) Ask the judgment obligee to file a court-approved bond for the sheriff’s protection in case he proceeds with the execution.
(C) Immediately lift the levy and release the levied property.
(D) Ask the third-party claimant to support his claim with an indemnity bond in favor of the judgment obligee and release the levied property if such bond is filed.
(A) Ask the judgment obligee to file a court-approved indemnity bond in favor of the third-party claimant or the sheriff will release the levied property.
(24) Which of the following is NOT REGARDED as a sufficient proof of personal service of pleadings?
(A) Official return of the server.
(B) Registered mail receipt.
(C) Written admission of the party served.
(D) Affidavit of the server with a statement of the date, place and manner of service.
(B) Registered mail receipt.