DAY 4 (AM) Remedial Law

Question 1

I. In a complaint filed by the plaintiff, what is the effect of the defendant’s failure to file an answer within the reglementary period?

(A) The court is allowed to render judgment motu proprio in favor of the plaintiff.

(B) The court motu proprio may declare the defendant in default, but only after due notice to the defendant.

(C) The court may declare the defendant in default but only upon motion of the plaintiff and with notice to the defendant.

(D) The court may declare the defendant in default but only upon motion of the plaintiff, with notice to the defendant, and upon presentation of proof of the defendant’s failure to answer.

(E) The above choices are all inaccurate.

Question 2

II. Which of the following is admissible?

(A) The affidavit of an affiant stating that he witnessed the execution of a deed of sale but the affiant was not presented as a witness in the trial.

(B) The extra judicial admission made by a conspirator against his co-conspirator after the conspiracy has ended.

(C) The testimony of a party’s witness regarding email messagesthe witness received from the opposing party.

(D) The testimony of a police officer that he had been told by his informants that there were sachets of shabu in the pocket of the defendant.

(E) None of the above.

Question 3

III. Leave of court is required to amend a complaint or information before arraignment if the amendment __________.

(A) upgrades the nature of the offense from a lower to a higher offense and excludes any of the accused

(B) upgrades the nature of the offense from a lower to a higher offense and adds another accused

(C) downgrades the nature of the offense from a higher to a lower offense or excludes any accused

(D) downgrades the nature of the offense from a higher to a lower offense and adds another accused

(E) All the above choices are inaccurate.

Question 4

IV. A Small Claims Court __________.

(A) has jurisdiction over ejectment actions

(B) has limited jurisdiction over ejectment actions

(C) does not have any jurisdiction over ejectment actions

(D) does not have original, but has concurrent, jurisdiction over ejectment actions

(E) has only residual jurisdiction over ejectment actions

Question 5

V. Character evidence is admissible __________.

(A) in criminal cases – the accused may prove his good moral character if pertinent to the moral trait involved in the offense charged

(B) in criminal cases – the prosecution may prove the bad moral character of the accused to prove his criminal predisposition

(C) in criminal cases under certain situations, but not to prove the bad moral character of the offended party

(D) when it is evidence of the good character of a witness even prior to his impeachment as witness

(E) In none of the given situations above.

Question 6

VI. When the court renders judgment in a judicial foreclosure proceeding, when is the mortgaged property sold at public auction to satisfy the judgment?

(A) After the decision has become final and executory.

(B) At any time after the failure of the defendant to pay the judgment amount.

(C) After the failure of the defendant to pay the judgment amount within the period fixed in the decision, which shall not be less than ninety (90) nor more than one hundred twenty (120) days from entry of judgment.

(D) The mortgaged property is never sold at public auction.

(E) The mortgaged property may be sold but not in any of the situations outlined above.

Question 7

VII. The signature of counsel in the pleading constitutes a certification that __________.

(A) both client and counsel have read the pleading, that to the best of their knowledge, information and belief there are good grounds to support it, and that it is not interposed for delay

(B) the client has read the pleading, that to the best of the client’s knowledge, information and belief, there are good grounds to support it, and that it is not interposed for delay

(C) the counsel has read the pleading, that to the best of the client’s knowledge, information and belief, there are good grounds to support it, and that it is not interposed for delay

(D) the counsel has read the pleading, that based on his personal information, there are good grounds to support it, and that it is not interposed for delay

(E) The above choices are not totally accurate.

Question 8

VIII. Which among the following is a requisite before an accused may be discharged to become a state witness?

(A) The testimony of the accused sought to be discharged can be substantially corroborated on all points.

(B) The accused does not appear to be guilty.

(C) There is absolute necessity for the testimony of the accused whose discharge is requested.

(D) The accused has not at any time been convicted of any offense.

(E) None of the above.

Question 9

IX. Which of the following distinguishes a motion to quash from a demurrer to evidence?

(A) A motion to quash a complaint or information is fi led before the prosecution rests its case.

(B) A motion to quash may be fi led with or without leave of court, at the discretion of the accused.

(C) When a motion to quash is granted, a dismissal of the case will not necessarily follow.

(D) The grounds for a motion to quash are also grounds for a demurrer to evidence.

(E) The above choices are all wrong.

Question 10

X. Which among the following is not subject to mediation for judicial dispute resolution?

(A) The civil aspect of B.P. Blg. 22 cases.

(B) The civil aspect of theft penalized under Article 308 of the Revised Penal Code.

(C) The civil aspect of robbery.

(D) Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law.

(E) None of the above.

Question 11

XI. What is the effect of the pendency of a special civil action under Rule65 of the Rules of Court on the principal case before the lower court?

(A) It always interrupts the course of the principal case.

(B) It interrupts the course of the principal case only if the higher court issues a temporary restraining order or a writ of preliminary injunction against the lower court.

(C) The lower court judge is given the discretion to continue with the principal case.

(D) The lower court judge will continue with the principal case if he believes that the special civil action was meant to delay proceedings.

(E) Due respect to the higher court demands that the lower court judge temporarily suspend the principal case.

Question 12

XII. Findings of fact are generally not disturbed by the appellate court except in cases __________.

(A) where the issue is the credibility of the witness

(B) where the judge who heard the case is not the same judge who penned the decision

(C) where the judge heard several witnesses who gave conflicting testimonies

(D) where there are substantially overlooked facts and circumstances that, if properly considered, might affect the result of the case

(E) None of the above.

Question 13

XIII. Contempt charges made before persons, entities, bodies and agencies exercising quasi-judicial functions against the parties charged, shall be filed with the Regional Trial Court of the place where the __________.

(A) person, entity or agency exercising quasi-judicial function is located

(B) person who committed the contemptuous act resides

(C) act of contempt was committed

(D) party initiating the contempt proceeding resides

(E) charging entity or agency elects to initiate the action

Question 14

XIV. When may a party fi le a second motion for reconsideration of a final judgment or final order?

(A) At anytime within 15 days from notice of denial of the first motion for reconsideration.

(B) Only in the presence of extraordinarily persuasive reasons and only after obtaining express leave from the ruling court.

(C) A party is not allowed to fi le a second motion for reconsideration of a final judgment or final order.

(D) A party is allowed as a matter of right to fi le a second motion for reconsideration of a judgment or final order.

(E) None of the above.

Question 15

XV. In an original action for certiorari, prohibition, mandamus, or quo warranto , when does the Court of Appeals acquire jurisdiction over the person of the respondent?

(A) Upon the service on the respondent of the petition for certiorari, prohibition, mandamus or quo warranto, and his voluntary submission to the jurisdiction of the Court of Appeals.

(B) Upon service on the respondent of the summons from the Court of Appeals.

(C) Upon the service on the respondent of the order or resolution of the Court of Appeals indicating its initial action on the petition.

(D) By respondent’s voluntary submission to the jurisdiction of the Court of Appeals.

(E) Under any of the above modes.

Question 16

XVI. Extra-territorial service of summons is proper in the following instances, except __________.

(A) when the non-resident defendant is to be excluded from any interest on a property located in the Philippines

(B) when the action against the non-resident defendant affects the personal status of the plaintiff and the defendant is temporarily outside the Philippines

(C) when the action is against a non-resident defendant who is formerly a Philippine resident and the action affects the personal status of the plaintiff

(D) when the action against the non-resident defendant relates to property within the Philippines in which the defendant has a claim or lien

(E) All of the above.

Question 17

XVII. When is attachment improper in criminal cases?

(A) When the accused is about to abscond from the Philippines.

(B) When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a broker, in the course of his employment as such.

(C) When the accused is about to conceal, remove, or dispose of his property.

(D) When the accused resides outside the jurisdiction of the trial court.

Question 18

XVIII. Maria was accused of libel. While Maria was on the witness stand, the prosecution asked her to write her name and to sign on a piece of paper, apparently to prove that she authored the libelous material. Maria objected as writing and signing her name would violate her right against self-incrimination. Was Maria’s objection proper?

(A) No, she can be cross examined just like any other witness and her sample signature may be taken to verify her alleged authorship of the libelous statements.

(B) No, her right against self-incrimination is waived as soon as she became a witness.

(C) No, this privilege may be invoked only by an ordinary witness and not by the accused when she opts to take the witness stand.

(D) The objection was improper under all of A, B, and C.

(E) The objection was proper as the right to self-incrimination is a fundamental right that affects liberty and is not waived simply because the accused is on the witness stand.

Question 19

XIX. Danny filed a complaint for damages against Peter. In the course of the trial, Peter introduced evidence on a matter not raised in the pleadings. Danny promptly objected on the ground that the evidence relates to a matter not in issue. How should the court rule on the objection?

(A) The court must sustain the objection.

(B) The court must overrule the objection.

(C) The court, in its discretion, may allow amendment of the pleading if doing so would serve the ends of substantial justice.

(D) The court, in its discretion, may order that the allegation in the pleadings which do not conform to the evidence presented be stricken out.

(E) The matter is subject to the complete discretion of the court.

Question 20

XX. The Labor Arbiter, ruling on a purely legal question, ordered a worker’s reinstatement and this ruling was affirmed on appeal by the NLRC whose decision, under the Labor Code, is final. The company’s recourse under the circumstances is to __________.

(A) file a motion for reconsideration and if denied, file a petition for review with the Court of Appeals on the pure legal question the case presents.

(B) file a motion for reconsideration and if denied, appeal to the Secretary of Labor since a labor policy issue is involved.

(C) file a motion for reconsideration and if denied, file a petition for certiorari with the Court of Appeals on the ground of grave abuse of discretion by the NLRC.

(D) file a motion for reconsideration and if denied, file a petition for review on certiorari with the Supreme Court since a pure question of law is involved.

(E) directly file a petition for certiorari with the Court of Appeals since a motion for reconsideration would serve no purpose when a pure question of law is involved.