DAY 4 (AM) Remedial Law

Question 1

1) In settlement proceedings, appeal may be taken from an ___________.

a) order appointing a special administrator

b) order appointing an administrator

c) order of an administrator to recover property of the estate

d) order to include or exclude property from the estate

Question 2

2) Under the Rules on the Writ of Amparo, interim relief orders may be issued by the Court except ________.

a) production order

b) witness protection order

c) hold departure order

d) temporary protection order

Question 3

3) A narrative testimony is usually objected to but the court may allow such testimony if _________.

a) it would expedite trial and give the court a clearer understanding of the matters related

b) the witness is of advanced age

c) the testimony relates to family genealogy

d) the witness volunteers information not sought by the examiner

Question 4

4) In default of parents, the court may appoint a guardian for a minor giving first preference to _________.

a) an older brother or sister who is over 18 years old

b) the actual custodian over 21 years old

c) a paternal grandparent

d) an uncle or aunt over 21 years old

Question 5

5) In real actions, the docket and filing fees are based on _________.

a) fair market value of the property

b) assessed value of the property

c) BIR zonal value of the property

d) fair market value of the property and amount of damages claimed

Question 6

6) X filed a motion for Bill of Particulars, after being served with summons and a copy of the complaint However, X’s motion did not contain a notice of hearing. The court may therefore _________.

a) require the clerk of court to calendar the motion

b) motu proprio dismiss the motion for not complying with Rule 15

c) allow the parties the opportunity to be heard

d) return the motion to X’s counsel for amendment

Question 7

7) A wants to file a Petition for Writ of Habeas Data against the AFP in connection with threats to his life allegedly made by AFP intelligence officers. A needs copies of AFP highly classified intelligence reports collected by Sgt. Santos who is from AFP. A can file his petition with ________.

a) RTC where AFP is located

b) RTC where Sgt. Santos resides

c) Supreme Court

d) Court of Appeals

Question 8

8) W was arrested in the act of committing a crime on October 1, 2011. After an inquest hearing, an information was filed against W and his lawyer learned of the same on October 5, 2011. W wants to file a motion for preliminary investigation and therefore he has only up to _____ to file the same.

a) October 20, 2011

b) October 10, 2011

c) November 15, 2011

d) October 16, 2011

Question 9

9) Preliminary Prohibitive Injunction will not lie _______.

a) to enjoin repeated trespass on land

b) in petitions for certiorari and mandamus

c) to restrain implementation of national government infrastructure project

d) to restrain voting of disputed shares of stock

Question 10

10) A defendant who fails to file a timely Answer or responsive pleading will not be declared in default in _____.

a) probate proceedings where the estate is valued at Php 100,000.00

b) forcible entry cases

c) collection case not exceeding Php 100,000.00

d) violation of rental law

Question 11

11) The validity of a search warrant is ____ days.

a) 15

b) 30

c) 60

d) 120

Question 12

12) An accused may move for the suspension of his arraignment if ____.

a) a motion for reconsideration is pending before the investigating prosecutor

b) accused is bonded and his bondsman failed to notify him of his scheduled arraignment

c) a prejudicial question exists

d) there is no available public attorney

Question 13

13) P failed to appear at the promulgation of judgment without justifiable cause. The judgment convicted P for slight physical injuries. Judgment may therefore be promulgated in what following manner?

a) By the reading of the judgment in the presence of only the judge

b) By the clerk of court in the presence of P’s counsel

c) By the clerk of court in the presence of a representative of P

d) By entering the judgment into the criminal docket of the court.

Question 14

14) Being declared in default does not constitute a waiver of all rights. However, which of the following right is considered waived?

a) Be cited and called to testify as a witness

b) File a motion for new trial
participate in deposition

c) Taking of witnesses of adverse party

d) File a petition for certiorari

Question 15

15) At arraignment, X pleads not guilty to a Robbery charge. At the pretrial, he changes his mind and agrees to a plea bargaining, with the conformity of the prosecution and offended party, which downgraded the offense to theft. The Court should therefore do what?

a) Render judgment based on the change of plea

b) Allow the withdrawal of the earlier plea and arraign X for theft and render judgment

c) Receive evidence on the civil liability and render judgment

d) Require the prosecution to amend the information

Question 16

16) A criminal case should be instituted and tried in the place where the offense or any of the essential elements took place, except in _____.

a) estafa cases

b) complex crimes

c) cases cognizable by the Sandiganbayan

d) court martial cases

Question 17

17) X was charged for murder and was issued a warrant of arrest. X remains at large but wants to post bail. X’s option is to _______.

a) file a motion to recall warrant of arrest

b) surrender and file a bail petition

c) file a motion for reinvestigation

d) file a petition for review with the DOJ

Question 18

18) The Energy Regulatory Commission (ERC) promulgates a decision increasing electricity rates by 3%. KMU appeals the decision by way of petition for review. The appeal will therefore _________.

a) stay the execution of ERC decision

b) shall not stay the ERC decision unless the Court of Appeals directs otherwise

c) stay the execution of the ERC decision conditioned on KMU posting a bond

d) shall not stay the ERC decision

Question 19

19) RTC decides an appeal from the MTC involving a simple collection case. The decision consists of only one page because it adopted by direct reference the findings of fact and conclusions of law set forth in the MTC decision.

Which statement is most accurate?

a) The RTC decision is valid because it was issued by a court of competent jurisdiction.

b) The RTC decision is valid because it expedited the resolution of the appeal.

c) The RTC decision is valid because it is a memorandum decision recognized by law.

d) The RTC decision is valid because it is practical and convenient to the judge and the parties.

Question 20

20) The filing of a complaint with the Punong Barangay involving cases covered by the Katarungang Pambarangay Rules shall _____.

a) not interrupt any prescriptive period

b) interrupt the prescriptive period for 90 days

c) interrupt the prescriptive period for 60 days

d) interrupt the prescriptive period not exceeding 60 days

Question 21

21) In a declaratory relief action, the court may refuse to exercise its power to declare rights and construe instruments in what instance/s?

a) When a decision would not terminate the controversy which gave rise to the action

b) In an action to consolidate ownership under Art. 1607 of the Civil Code

c) To establish legitimate filiation and determine hereditary rights

d) (a) and (c) above

Question 22

22) In election cases involving an act or omission of an MTC or RTC, a certiorari petition shall be filed with _________.

a) The Court of Appeals

b) The Supreme Court

c) The COMELEC

d) The Court of Appeals or the COMELEC both having concurrent jurisdiction

Question 23

23) A charge for indirect contempt committed against an RTC judge may be commenced through ________.

a) A written charge requiring respondent to show cause filed with the Court of Appeals

b) An order of the RTC Judge requiring respondent to show cause in the same RTC

c) Verified petition filed with another branch of the RTC

d) Verified petition filed with a court of higher or equal rank with the RTC

Question 24

24) The statute of “non-claims” requires that ________.

a) claims against the estate be published by the creditors

b) money claims be filed with the clerk of court within the time prescribed by the rules

c) claims of an executor or administrator against the estate be filed with the special administrator

d) within two (2) years after settlement and distribution of the estate, an heir unduly deprived of participation in the estate may compel the re-settlement of the estate

Question 25

25) A judicial compromise has the effect of _______ and is immediately executory and is not appealable.

a) estoppel

b) conclusiveness of judgment

c) res judicata

d) stare decisis

Question 26

26) When a party or counsel willfully or deliberately commits forum shopping, the initiatory pleading may _____.

a) be cured by amendment of the complaint

b) upon motion, be dismissed with prejudice

c) be summarily dismissed with prejudice as it may constitute direct contempt

d) be stricken from the record

Question 27

27) Equity of Redemption is the right of the mortgagor to redeem the mortgaged property after default in the performance of the conditions of the mortgage, before the sale or the confirmation of sale in a(n) ______.

a) extrajudicial foreclosure of mortgage

b) judicial foreclosure of mortgage

c) execution sale

d) foreclosure by a bank

Question 28

28) X and Y, both residents of Bgy. II, Sampaloc, Manila entered into a P 100,000 loan agreement. Because Y defaulted, X sued Y for collection and the complainant prayed for issuance of preliminary attachment. Y moved to dismiss the complaint because there was no Barangay conciliation. The court should therefore ________.

a) dismiss X’s complaint for prematurity

b) dismiss X’s complaint for lack of cause of action

c) deny Y’s motion because it is exempt from Barangay conciliation

d) deny Y’s motion because of the amount of the loan

Question 29

29) X was shot by Y in the course of a robbery. On the brink of death, X told W, a barangay tanod, that it was Y who shot and held him up. In the trial for robbery with homicide, X’s declaration can be admitted only as a dying declaration __________.

a) to prove robbery

b) to prove homicide

c) to prove robbery and homicide

d) to prove the “corpus delicti”

Question 30

30) Which of the following is not a Special Proceeding?

a) Absentees

b) Escheat

c) Change of First Name

d) Constitution of Family Home

Question 31

31) Atty. X fails to serve personally a copy of his motion to Atty. Y because the office and residence of Atty. Y and the latter’s client changed and no forwarding addresses were given. Atty. X’s remedy is to _______.

a) serve by registered mail

b) serve by publication

c) deliver copy of the motion to the clerk of court with proof of failure to serve

d) certify in the motion that personal service and through mail was impossible

Question 32

32) When caught, X readily admitted to the Forestry Ranger that he cut the trees. Such a statement may be admitted and is not necessarily hearsay because __________.

a) it is a judicial admission of guilt

b) it shows the statement was true

c) it will form part of the circumstantial evidence to convict

d) it proves that such a statement was made

Question 33

33) A complaint may be dismissed by the plaintiff by filing a notice of dismissal _____.

a) at anytime after service of the answer

b) at anytime before a motion of summary judgment is filed

c) at the pre-trial

d) before the complaint is amended

Question 34

34) In a criminal case for violation of a city ordinance, the court may issue a warrant of arrest _________.

a) for failure of the accused to submit his counter-affidavit

b) after finding probable cause against the accused

c) for failure of the accused to post bail

d) for non-appearance in court whenever required

Question 35

35) Under the Katarungan Pambarangay rules, the execution of an amicable settlement or arbitration award is started by filing a motion for execution with the Punong Barangay, who may issue a notice of execution in the name of the Lupon Tagapamayapa. Execution itself, however, will be done by ________.

a) a court-appointed sheriff

b) any Barangay Kagawad

c) Punong Barangay

d) any member of the Pangkat ng Tagapagsundo

Question 36

36) If the judgment debtor dies after entry of judgment, execution of a money judgment may be done by ________.

a) presenting the judgment as a claim for payment against the estate in a special proceeding

b) filing a claim for the money judgment with the special administrator of the estate of the debtor

c) filing a claim for the money judgment with the debtor’s successor in interest

d) move for substitution of the heirs of the debtor and secure a writ of execution

Question 37

37) The Director of the BFAR launches an intensified campaign against illegal fishpen operators situated in Laguna de Bay. The illegal fishpen operators file a Section 3 (e), R.A. 3019 (causing undue injury or benefit) case against the BFAR Director before the Sandiganbayan. The Director’s best remedy before Sandiganbayan is ________.

a) file a Motion to Quash based on lack of jurisdiction over the person

b) file a Motion to Quash for non-exhaustion of administrative remedies

c) file a Motion to Dismiss because the complaint is a SLAPP suit

d) move for suspension of proceedings because of a pre-judicial question

Question 38

38) A complaint may be refiled if dismissed on which of the following grounds?

a) Unenforceable under the Statute of Frauds

b) Res Judicata

c) Litis Pendencia

d) Lack of jurisdiction

Question 39

39) The following are accurate statements on joinder of causes of action, except _______.

a) joinder of actions avoids multiplicity of suits

b) joinder of actions may include special civil actions

c) joinder of causes of action is permissive

d) the test of jurisdiction in case of money claims in a joinder of causes of act1on, is the “totality rule”

Question 40

40) W, a legal researcher in the RTC of Makati, served summons on an amended complaint on Z at the latter’s house on a Sunday. The service is invalid because _______.

a) it was served on a Sunday

b) the legal researcher is not a “proper court officer”

c) (a) and (b) above

d) there is no need to serve summons on an amended complaint.

Question 41

41) After a plea of not guilty is entered, the accused shall have _____ days to prepare for trial.

a) 15

b) 10

c) 30

d) none of the above

Question 42

42) The following motions require a notice of hearing served on the opposite party, except _________.

a) motion to set case for pre-trial

b) motion to take deposition

c) motion to correct TSN

d) motion to postpone hearing

Question 43

43) Which of the following statements is incorrect?

a) A Motion to Quash which is granted is a bar to the prosecution for the same offense if the criminal action or liability has been extinguished.

b) In the Court of Appeals, the accused may file a motion for new trial based only on newly discovered evidence.

c) A demurrer to evidence may be filed without leave of court in a criminal case.

d) None of the above.

Question 44

44) Which of the following is true?

a) Summons expires after 5 days from issue.

b) Writ of execution expires after 10 days from issue.

c) Search warrant expires after 20 days from issue.

d) Subpoena expires after 30 days from issue.

Question 45

45) A person may be charged with direct contempt of court when ________.

a) a person re-enters a property he was previously ejected from

b) a person refuses to attend a hearing after being summoned thereto

c) he attempts to rescue a property in custodia legis

d) she writes and submits a pleading containing derogatory, offensive or malicious statements

Question 46

46) Under the Rules of Electronic Evidence, “ephemeral electronic conversation” refers to the following, except _______.

a) text messages

b) telephone conversations

c) faxed document

d) online chatroom sessions

Question 47

47) A private electronic document’s authenticity may be received in evidence when it is proved by ______.

a) evidence that it was electronically notarized

b) evidence that it was digitally signed by the person who purportedly signed the same

c) evidence that it contains electronic data messages

d) evidence that a method or process was utilized to verify the same

Question 48

48) Atty. A drafts a pleading for his client 8 wherein B admits certain facts prejudicial to his case. The pleading was never filed but was signed by Atty. A. Opposing counsel got hold of the pleading and presents the same in court.

Which statement is the most accurate?

a) The prejudicial statements are not admissible because the unfiled document is not considered a pleading.

b) The prejudicial statements are not admissible because the client did not sign the pleading.

c) The prejudicial statements are not admissible because these were not made by the client in open court.

d) The prejudicial statements are not admissible because these were made outside the proceedings.

Question 49

49) Under the Rules on Examination of a child witness, a child witness is one ____.

a) who is 18 years of age or below at the time of testifying

b) who is below 18 years of age at the time of the incident/crime to be testified on

c) who is below 18 years of age at the time of the giving of testimony

d) who is 18 years of age in child abuse cases

Question 50

50) In which of the following is interpleader improper?

a) in an action where defendants’ respective claims are separate and distinct from each other

b) in an action by a bank where the purchaser of a cashier’s check claims it was lost and another person has presented it for payment

c) in an action by a lessee who does not know where to pay rentals due to conflicting claims on the property

d) in an action by a sheriff against claimants who have conflicting claims to a property seized by the sheriff in foreclosure of a chattel mortgage

Question 51

51) The Parole Evidence Rule applies to _______.

a) subsequent agreements placed on issue

b) written agreements or contractual documents

c) judgment on a compromise agreement

d) will and testaments

Question 52

52) PDEA agents conducted a search on a house abandoned by its owners in Quezon City. The search, in order to be valid, must be made in the presence of ________.

a) any relative of the owner of the house

b) the Director of the PDEA and a member of the media

c) the Barangay Chairman and a Barangay Tanod

d) any elected Quezon City official

Question 53

53) A judge of an MTC can hear and decide petitions for habeas corpus or applications for bail where ________.

a) the Supreme Court authorizes the MTC

b) the judge is the Executive Judge of the MTC

c) the judge of the RTC where the case is raffled has retired, was dismissed or had died

d) in the absence of all the RTC Judges in the province or city

Question 54

54) Proof of service of summons shall be through the following, except ________.

a) written return of the sheriff

b) affidavit of the person serving summons

c) affidavit of the printer of the publication

d) written admission of the party served

Question 55

55) As a mode of discovery, the best way to obtain an admission from any party regarding the genuineness of any material and relevant document is through a ______.

a) motion for production of documents

b) written interrogatories

c) request for admission under Rule 26

d) request for subpoena duces tecum

Question 56

56) A judgment “non pro tunc” is one which _________.

a) dismisses a case without prejudice to it being re-filed

b) clarifies an ambiguous judgment or a judgment which is difficult to comply with

c) one intended to enter into the record the acts which already have been done, but which do not appear in the records

d) is a memorandum decision

Question 57

57) The Sandiganbayan can entertain a quo warranto petition only in ________.

a) cases involving public officers with salary grade 27 or higher

b) only in aid of its appellate jurisdiction

c) as a provisional remedy

d) cases involving “ill gotten wealth”

Question 58

58) The judgment in a criminal case may be promulgated by the following, except by _________.

a) a Sandiganbayan justice in cases involving anti-graft laws

b) a Clerk of Court of the court which rendered judgment

c) an Executive Judge of a City Court if the accused is detained in another city

d) any judge of the court in which it was rendered

Question 59

59) Leave of court is always necessary in _________.

a) a demurrer to evidence in a civil case

b) a demurrer to evidence in a criminal case

c) motion to amend a complaint

d) third party complaint

Question 60

60) Correctly complete the sentence:

A lone witness ___________.

a) is credible only if corroborated

b) is never credible

c) may be believed even if not corroborated

d) is always credible

Question 61

61) A judgment of conviction in a criminal case becomes final when _________.

a) accused orally waived his right to appeal

b) accused was tried in absentia and failed to appear at the promulgation

c) accused files an application for probation

d) reclusion perpetua is imposed and the accused fails to appeal

Question 62

62) After a hearing on a Motion to Dismiss, the court may either dismiss the case or deny the same or ________.

a) defer resolution because the ground relied upon is not indubitable

b) order amendment of the pleading

c) conduct a preliminary hearing

d) none of the above

Question 63

63) Under Rule 52, a Second Motion for Reconsideration is a prohibited pleading. However, where may such Motion be allowed?

a) The Sandiganbayan

b) The Office of the President

c) The Supreme Court

d) None of the above

Question 64

64) The mortgage contract between X, who resides in Manila, and Y, who resides in Naga, covering land in Quezon provides that any suit arising from the agreement may be filed “nowhere else but in a Makati court”. Y must thus sue only in ________.

a) Makati

b) Makati and/or Naga

c) Quezon and/or Makati

d) Naga

Question 65

65) Immediately after the witness had been sworn in to testify, without any formal offer of his testimony, Atty. A started asking questions on direct examination to the witness. The court may still consider his testimony if _________.

a) the formal offer is done after the direct testimony

b) the opposing counsel did not object

c) the witness is an expert witness

d) the opposing counsel offered to stipulate on the testimony given

Question 66

66) A private document may be considered as evidence when it is sequentially ________.

a) marked, identified, authenticated

b) identified, marked, and offered in evidence

c) marked, identified, authenticated, and offered in evidence

d) marked, authenticated, and offered in evidence

Question 67

67) The Court of Appeals cannot issue a temporary restraining order in the following cases, except _________.

a) bidding and awarding of a project of the national government

b) against any freeze order issued by the AMLC under the antimoney laundering law

c) against infrastructure projects like the SLEX extension

d) against the DAR in the implementation of the CAR Law

Question 68

68) Choose the most accurate phrase to complete the statement:

Mandamus will lie __________.

a) to compel a judge to consolidate trial of two cases pending before different branches of the court

b) to compel a judge to reduce his decision in writing

c) to direct a probate court to appoint a particular person as regular administrator

d) to compel a judge to grant or deny an application for preliminary injunction

Question 69

69) A judgment by default can be issued despite an Answer being filed in ________.

a) annulment of marriage

b) legal separation

c) cases where a party willfully fails to appear before the officer who is to take his deposition

d) declaration of nullity of marriage

Question 70

70) Which of the following statements is not accurate?

a) A plea of guilty later withdrawn is admissible in evidence against the accused who made the plea.

b) An unaccepted offer of a plea of guilty to a lesser offense is inadmissible in evidence against the accused.

c) An offer to pay or payment of medical expenses arising from injury is not evidence or proof of civil/criminal liability for the Injury.

d) In civil cases, an offer of compromise by the accused is admissible as an implied admission of guilt.

Question 71

71) Under the Rules on Evidence, which of the following is a conclusive presumption and therefore cannot be contradicted by evidence?

a) A person intends the ordinary consequences of his voluntary act.

b) Official duty has been regularly performed.

c) A tenant cannot deny his landlord’s title during the tenancy period.

d) A writing is truly dated.

Question 72

72) Cesar, age 16, a habitual offender, was caught in possession of .001 grams of marijuana. He was charged for violation of Sec. 16 of R.A. 9165, The Comprehensive Dangerous Drugs Law. The court which has jurisdiction is _________.

a) the MTC

b) the RTC

c) Special Drugs Court

d) Family Court

Question 73

73) A court can motu proprio dismiss a case on the following grounds, except _____.

a) failure to prosecute

b) lack of jurisdiction over the parties

c) litis pendentia

d) prescription

Question 74

74) A person entitled to the estate of a deceased person escheated in favor of the State has ______.

a) 5 years from date of judgment to file a claim

b) 2 years from date of judgment to file a claim

c) 5 years from date of registration of the judgment to file a claim

d) 2 years from date of registration of the judgment to file a claim

Question 75

75) The MTC, acting as an Environmental Court, has original and exclusive jurisdiction over the following, except _________.

a) criminal offenses punishable under the Chain Saw Act (R.A. 9175)

b) violation of the NIPAS Law (R.A. 7586)

c) violation of the Mining Laws

d) violation of Anti-Pollution Laws

Question 76

76) A special administrator may be appointed by a court when ________.

a) the executor cannot post a bond

b) the executor fails to render an account

c) a regular administrator has a claim against the estate he represents

d) a Motion for Reconsideration is filed with respect to a decision disallowing probate of a will

Question 77

77) A defendant declared in default may, after judgment but before finality, file a ______.

a) Petition for Relief from Judgment

b) Petition for Certiorari

c) Motion for Reconsideration

d) Motion to Set Aside Order of Default

Question 78

78) With leave of court, a party may amend his pleading if ________.

a) there is yet no responsive pleading served

b) the amendment is unsubstantial

c) the amendment involves clerical errors of defect in the designation of a party

d) the amendment is to conform to the evidence

Question 79

79) When a Motion to Quash search warrant is denied, the best remedy is _________.

a) appeal the denial order

b) file a motion to suppress evidence

c) file an injunction suit

d) file a certiorari petition

Question 80

80) A court may take judicial notice of __________.

a) the Twitter account of President Aquino

b) a Committee Report issued by the Congressional Committee on Labor Relations

c) the effects of taking aspirin everyday

d) the arbitral award issued by International Court of Arbitration

Question 81

81) The case of R, who is under detention, was raffled to the RTC on March 1. His arraignment should be set not later than ________.

a) March 4

b) March 16

c) March 30

d) March 11

Question 82

82) After the DOJ Secretary granted accused’s Petition for Review, the prosecution filed a motion to withdraw the Information before the trial court. The judge therein denied the same. The trial prosecutor manifested before the judge that he can no longer prosecute the case because he is only an alter ego of the DOJ Secretary who ordered him to withdraw the Information. The case should therefore be prosecuted by ___________.

a) a DOJ state prosecutor

b) private prosecutor, if any

c) trial prosecutor of the pairing court

d) the same trial prosecutor who manifested his inability to prosecute the case

Question 83

83) How many members are needed for a decision or resolution of a division of the Supreme Court when concurred in by members who actually took part in the deliberation on the issues in a case and voted thereon, so that this decision or resolution reflects that of the Supreme Court?

a) three (3)

b) five(5)

c) eight (8)

d) ten (10)

Question 84

84) A and B adopted their nephew. They filed an action for revocation of the adoption on May 1, 1998 on the ground that their nephew neglected them. Based on the Rules of Domestic Adoption, the judge must _______.

a) advise A and B to just disinherit the nephew

b) disallow the revocation

c) refer the petition to the DSWD

d) grant the petition after hearing

Question 85

85) Sandiganbayan exercises concurrent jurisdiction with the Supreme Court and the Court of Appeals over ______.

a) petitions for Writ of Certiorari and Prohibition

b) petitions for Writ of Habeas Corpus

c) petitions for Quo Warranto

d) petitions for Writ of Amparo and Habeas Corpus

Question 86

86) C, a convict, was able to get favorable results of a post-conviction DNA testing showing that C could not have committed the crime. To gain freedom, C may __________.

a) file a petition for Writ of Habeas Corpus before the court of origin

b) apply for full pardon

c) file a Motion to annul judgment of conviction on the ground of fraud

d) file a Motion for new trial under Rule 121

Question 87

87) X filed a complaint with the RTC through ABC, a private letter forwarding agency. The date of filing of the complaint shall be __________.

a) the date stamped by ABC on the envelope containing the complaint

b) the date of receipt by the Clerk of Court

c) the date indicated by the receiving clerk of ABC

d) the date when the case is officially raffled

Question 88

88) An objection to any interrogatories may be presented within _____ days after service thereof.

a) 15

b) 10

c) 5

d) 20

Question 89

89) The deposition of a witness, whether or not a party, may be used for any purpose if the Court finds the following circumstances are attendant, EXCEPT which one?

a) When the witness is dead

b) When the witness is incarcerated

c) When the witness is outside the Philippines and absence is procured by the party offering deposition

d) When the witness is 89 years old and bed-ridden

Question 90

90) One of the exemptions to the general rule that evidence not formally offered shall not be considered is ________.

a) in judgment on the pleadings

b) evidence in land registration proceedings

c) evidence lost/destroyed due to force majeure after being marked, identified and described in the record

d) documentary evidence proving a foreign judgment

Question 91

91) In Petition for Certiorari, the Court of Appeals issues a Writ of Preliminary Injunction against the RTC restraining the latter from trying a crucial case. The Court of Appeals should therefore ______.

a) decide the main case within 60 days

b) decide the certiorari petition within 6 months

c) decide the main case or the petition within 60 days

d) decide the main case or the petition within 6 months from issue of the preliminary injunction

Question 92

92) Witness A was examined on direct examination by the prosecutor. The defense counsel however employed dilatory tactics and was able to secure numerous postponements of A’s cross examination. A suffered a stroke and became incapacitated. His uncompleted testimony may therefore be ________.

a) ordered stricken from the record

b) allowed to remain in the record

c) held in abeyance until he recovers

d) not be given any probative weight

Question 93

93) If the Supreme Court en banc is equally divided in opinion covering an original action, ______.

a) the case shall be re-raffled to a division

b) the case’s original action shall be dismissed

c) the judgment appealed from shall be official.

d) the case shall again be deliberated upon.

Question 94

94) An example of a special judgment is one which orders ________.

a) the defendant to deliver and reconvey personal property to the plaintiff

b) defendant to execute a Deed of Sale in favor of plaintiff

c) defendant to paint a mural for the plaintiff

d) defendant to vacate the leased premises

Question 95

95) At the promulgation of judgment, P, who is bonded, failed to appear without justifiable cause. In order for P not to lose his remedies under the Rules, he must __________.

a) within 15 days from receipt of a copy of the decision, file a Motion for Reconsideration

b) within 15 days from the promulgation, surrender to the court and file a motion for leave to avail of remedies

c) notify his bondsman within 15 days so that his bail will not be confiscated

d) file a petition for certiorari

Question 96

96) X, the designated executor of a will, files a petition for probate of the same. X and his counsel failed to appear without justifiable cause at the hearing on the presentation of evidence and the court therefore dismissed, motu proprio, his petition for failure to prosecute. The effect of the dismissal is _____________.

a) not an adjudication upon the merits

b) the will can no longer be probated

c) it is a dismissal with prejudice

d) a bar to a subsequent action on the same cause

Question 97

97) The Rule on Small Claims is applicable to ________.

a) claims for unpaid rentals of P 100,000 or less, with prayer for ejectment

b) enforcement of a barangay amicable settlement involving a money claim of P 50,000 after one (1) year from date of settlement

c) action for damages arising from a quasi-delict amounting to Php 100,000.00

d) action to collect on a promissory note amounting to Php 105,000.00 where plaintiff expressly insists in recovering only Php 100,000.00

Question 98

98) When directed by the judge, a clerk of court can receive evidence addressed by the parties in ______.

a) case where the judge is on leave

b) small claims proceedings

c) cases where the parties agree in writing

d) land registration proceedings

Question 99

99) A certificate against Forum-Shopping is not required in ______.

a) petitions for probate of will

b) application for search warrant

c) complaint-in-intervention

d) petition for Writ of Kalikasan

Question 100

100) An accused’s custodial rights, e.g., right to counsel and right to remain silent, is available ___________.

a) at preliminary investigation

b) at police line-up for identification purposes

c) at ultra-violet examination to determine presence of ultra violet powder on accused’s hands

d) at one-on-one confrontation with eyewitness