Ramos, Krystel Angeline A. Mulitiple Choice Questions In Remedial Law Review 1 Choose the correct answer.

1. It is a doctrine which means that courts will not resolve a controversy involving

a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.

a. Doctrine of Adherence of Jurisdiction b. Doctrine of Primary Jurisdiction c. Doctrine of Judicial Stability d. Doctrine of Continuity of Jurisdiction

2. Which of the following has jurisdiction over intra-corporate controversies

involving controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations:

a. MTC b. RTC c. SEC d. CA

3. When execution is a matter of right?

a. Execution is a matter of right upon the beginning of the period to appeal and no appeal was perfected from a judgment or order that disposes of the action or proceeding. b. Execution is a matter of right upon the expiration of the period to appeal and no appeal was perfected from a judgment or order that disposes of the action or proceeding. c. Execution is a matter of right upon the start of the period to appeal and no appeal was perfected from a judgment or order that disposes of the action or proceeding.

d. Execution is a matter of right upon the end of the period to appeal and no appeal was perfected from a judgment or order that disposes of the action or proceeding.

4. The following are the nature of provisional remedies except:

a. Temporary b. Permanent c. Auxiliary d. Ancillary

5. It refers to a party in a civil action who is not indispensable but ought to be joined as a party if complete relief is to be accorded as to those already parties, of for a complete determination or settlement of the claim subject of the action.

a. Indigent Party b. Necessary Party c. Indispensable Party d. Real-Party in Interest

6. For a class suit to prosper, the following requisites must concur except:

a. The subject matter of the controversy must be of common or general interest to

many persons. b. The persons are not so numerous that it is practicable to join all as parties. c. The parties actually before the court are sufficiently numerous and representative as to fully protect the interests of all concerned. d. The representatives sue or defend for the benefit of all. 7. Affirmative defenses does not include the following except: a. b. c. d. Counterclaim Statute of Frauds Claims Interest

8. It is an action which is founded on privity of contracts between the parties. a. Local Action b. Transitory action

c. Personal Action d. Real Action 9. The following are the requirements of a permissive counterclaim except: a. It does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. b. It arises out of, or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing partys claim. c. It must be within the jurisdiction of the court wherein the case is pending and is cognizable by the regular courts of justice. d. It does not arise out of the same transaction or series of transactions subject of the complaint. 10. Where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the claims of action, irrespective of whether the causes of action arose out of the same or different transactions refers to: a. Liberal Construction Rule b. Totality Rule c. Error of Jurisdiction d. Error of Judgment 11. What is the period to file an Answer to Amended Complaint if the filing is not a matter of right? a. b. c. d. Within 20 days counted from the notice of the court order admitting the same. Within 10 days counted from the notice of the court order admitting the same. Within 5 days counted from the notice of the court order admitting the same. Within 15 days counted from the notice of the court order admitting the same.

12. It means a more definite statement of any matter which is not averred with sufficient definiteness or particularity. a. b. c. d. Pleading Bill of Particulars Motion Summons

13. Personal service can be made by: a. By delivery of the copy to the Clerk of Court with the proof of failure of both personal and service by mail. b. Delivering personally a copy to the party or his counsel. c. If no registry service is available in the locality, of either sender or addressee, service may be done by ordinary mail. d. By official return of the server. 14. What is the effect of non service of summons?

a. Unless the defendant voluntarily submits to the jurisdiction of the court, nonservice of summons renders valid all subsequent proceedings and issuances in the action of the court from the order of default up to and including the judgment by default and order of execution. b. Unless the defendant voluntarily submits to the jurisdiction of the court, nonservice of summons renders null and void all subsequent proceedings and issuances in the action of the court from the order of default up to and including the judgment by default and order of execution. c. Unless the defendant voluntarily submits to the jurisdiction of the court, nonservice of summons renders voidable all subsequent proceedings and issuances in the action of the court from the order of default up to and including the judgment by default and order of execution. d. Unless the defendant voluntarily submits to the jurisdiction of the court, nonservice of summons renders unenforceable all subsequent proceedings and issuances in the action of the court from the order of default up to and including the judgment by default and order of execution. 15. The following are the requisites of receivership except: a. The applicant has an interest in the property or fund, subject matter of the action or proceeding. b. That there must be a right to be protected. c. The property or fund is in danger of being lost or removed or materially injured. d. Appointment of a receiver is the most convenient and feasible means of preserving, administering or disposing of the property in litigation. 16. The following grounds are not deemed waived in a motion to dismiss except: a. b. c. d. Lack of jurisdiction over the subject matter Statute of Limitations Litis pendentia Res judicata

17. In summary judgment, what is the period of notice required? a. b. c. d. 4 days 10 days 3 days 5 days

18. It refers to one rendered by the court when a party expressly agrees to the other partys claim or acknowledges the validity of the claim against him. a. b. c. d. Judgment Upon the Merits Judgment By Confession Conditional Judgment Judgment Non Pro Tunc

19. What is the effect of reversal of executed judgment? a. If reversed totally or partially or annulled, on appeal or otherwise, the trial court on motion, issue orders of judgment as equity and justice may warrant under the circumstances.

b. If reversed totally or partially or annulled, on appeal or otherwise, the trial court on motion, issue orders of restitution or reparation of damages as equity and justice may warrant under the circumstances. c. If reversed totally or partially or annulled, on appeal or otherwise, the trial court on motion, issue orders of relief as equity and justice may warrant under the circumstances. d. If reversed totally or partially or annulled, on appeal or otherwise, the trial court on motion, issue orders of execution as equity and justice may warrant under the circumstances. 20. What is the period to appeal where the record on appeal is required? a. Within 20 days from notice of judgment or final order by filing a notice of appeal and a record on appeal. b. Within 30 days from notice of judgment or final order by filing a notice of appeal and a record on appeal. c. Within 25 days from notice of judgment or final order by filing a notice of appeal and a record on appeal. d. Within 10 days from notice of judgment or final order by filing a notice of appeal and a record on appeal. 21. The following are grounds for granting support pendente lite except: a. The necessities of the applicant. b. The plaintiff claims no interest in the subject matter or his claim thereto is not disputed. c. The resources or means of the adverse party. d. The terms of payment or mode providing the support. 22. Notice of Lis Pendens is: a. The writ by which the defendant is notified of the action brought against him. b. A notice of pendency of action between the parties including title to or possession over real property. c. One issued when the original has not produced its effect because a defect in form or in the manner of service and when issued supersedes the first writ. d. An application for relief other than by a pleading. 23. The following are kinds of motion except: a. b. c. d. Motion Ex Parte Motion to Dismiss Motion Of Course Litigated Motion

24. Which of the following is a requisite of cause of action? a. b. c. d. There must be a good cause. The existence of the legal right of the plaintiff. A compliance with all the conditions precedent to the brining of the action. The action must be instituted by the proper party.

25. It refers to the place of trial or geographical location in which an action or proceeding should be brought. a. b. c. d. Jurisdiction Venue Court Judge

26. Genuineness of document means that it is: a. Signed voluntarily and knowingly by the party whose signature appears thereon. b. Not spurious, counterfeit or of different import on its face from the one executed by the party. c. That if signed by somebody else such representative had the authority to do so. d. That it was duly delivered and that the formalities were complied with. 27. Default means: a. b. c. d. It It It It is is is is the failure of the the failure of the the failure of the the failure of the plaintiff to answer within the proper period. defendant to answer within the proper period. plaintiff to file a complaint within the proper period. defendant to file a complaint within the proper period.

28. In what instance where an amendment by leave of court is required? a. b. c. d. When the cause of action, defense or theory of the case is changed. If the amendment is substantial. Amendment is required to confer jurisdiction to the court. Amendment to cure a premature or non-existing cause of action.

29. It refers to the proper legal remedy to determine the right or title to the contested public office and to oust the holder from its enjoyment. a. b. c. d. Certiorari. Quo Warranto Prohibition Mandamus

30. An action is for unlawful detainer if the complaint sufficiently alleges the following except: a. Initially, the defendant has possession of property by contract with or by tolerance of the plaintiff. b. Eventually, however, such possession became legal upon the plaintiffs notice to the defendant, terminating the latters right of possession. c. Still, the defendant remains in possession, depriving the plaintiff of the enjoyment of the property. d. Within a year from plaintiffs last demand that the defendant vacate the property, the plaintiff files a complaint for defendants ejectment. 31. It occurs when the court exercises a jurisdiction not conferred upon it by law, or when the court or tribunal although with jurisdiction, acts in excess of its jurisdiction or with grave abuse of discretion amounting to lack or jurisdiction.

a. b. c. d.

Error of Judgment Error of Jurisdiction Error of Court Error of Law

32. In an action in personam, the purpose of summons is: a. By the filing of the complaint and the payment of the required filing and docket fees, the court acquires jurisdiction only over the person of the plaintiff, not over the person of the defendant. b. Not only to notify the defendant of the action against him but also to acquire jurisdiction over his person. c. Jurisdiction over the defendant is not required and the court acquires jurisdiction over an action as long as it acquires jurisdiction over the res. d. The purpose of summons in this action is not the acquisition of jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process. 33. The following are not deemed admitted by the failure to make a specific denial except: a. The amount of unliquidated damages. b. Material allegations. c. Conclusions in a pleading which do not have to be denied at all because only ultimate facts need be alleged in a pleading. d. Non-material allegations. 34. What is the effect of objection to jurisdiction over the subject matter? a. When it appears from the pleadings or evidence on record that the court has jurisdiction over the subject matter, the court shall hear the same. b. When it appears from the pleadings or evidence on record that the court has jurisdiction over the subject matter, the court shall dismiss the same. c. When it appears from the pleadings or evidence on record that the court has jurisdiction over the subject matter, the court shall deny the same. d. When it appears from the pleadings or evidence on record that the court has jurisdiction over the subject matter, the court shall appeal the same. 35. The following are requisites for discretionary execution except: a. There must be a motion filed by the prevailing party with notice to the adverse party. b. There must be a dismissal of the motion for discretionary execution. c. There must be good reasons to justify the discretionary execution. d. The good reasons must be stated in a special order. 36. Which of the following is not a remedy after judgment becomes final and executory? a. b. c. d. Petition for relief from judgment Motion for new trial Action to annul a judgment Certiorari no no no no

37. The following are forms of voluntary appearance except:

a. Voluntary appearance of attorney b. By leaving copies of the summons at the defendants dwelling house or residence with some person of suitable age and discretion then residing therein c. Filing a motion for dissolution of attachment d. Filing a motion for extension of time to file an answer 38. Which of the following is a property not exempt from execution? a. Ordinary tools and implements personally used by him in his trade, employment, or livelihood. b. Obligors car. c. Household furniture and utensils necessary for housekeeping, and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding 100,000 pesos. d. One fishing boat and accessories not exceeding the total value of 100,000 pesos owned by a fisherman and by the lawful use of which he earns his livelihood. 39. What is the effect of partial default?

a. When a pleading asserting a claim states a common cause of action against several
defending parties, some of whom answer and the others fail to do so, the court shall dismiss the case against all upon the answers thus filed and render judgment upon the evidence presented. b. When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. c. When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall remand the case against all upon the answers thus filed and render judgment upon the evidence presented. d. When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall deny the case against all upon the answers thus filed and render judgment upon the evidence presented. 40. Which of the following actions where default is allowed? a. b. c. d. Annulment of marriage Action for collection of sum of money Declaration of nullity of marriage Legal separation

41. The following are requites for the issuance of writ of attachment except: a. The case must be any of those where preliminary attachment is proper. b. The applicant must not file a motion. c. The applicant must show by affidavit (under oath) that there is no sufficient security for the claim sought to be enforced; that the amount claimed in the action is as much as the sum of which the order is granted above all counterclaims. d. The applicant must post a bond executed to the adverse party. 42. It is an action that affects title to or possession of real property, or an interest therein.

a. b. c. d.

Personal Action Real Action Action In Personam Action In Rem

43. It is a motion which does not require that the parties be heard, and which the court may act upon without prejudicing the rights of the other party.

a. b. c. d.

Litigated Motion Ex Parte Motion Motion to Dismiss Motion For Extension of Time

44. The requirement of prior or contemporaneous service of summons shall not apply in the following instances except: a. Where the summons could not be served personally or by substituted service despite diligent efforts. b. The defendant is a within the Philippines. c. The defendant is a non-resident. d. The action is one in rem or quasi in rem. 45. Which of following cases is covered by Barangay Conciliation? a. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions b. Where the Lupon of each barangay shall bring together the parties actually residing in the same municipality or city for amicable settlement of all disputes c. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding P5,000 d. Any complaint by or against corporations, partnerships, or juridical entities 46. Extraterritorial service of summons applies when the following requisites concur except: a. The defendant is nonresident. b. The action against the defendant is in personam. c. He is not found in the Philippines. d. The action against him is either in rem or quasi in rem. 47. The Doctrine of Adherence of Jurisdiction means: a. Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact. b. The court, once jurisdiction has been acquired, retains that jurisdiction until it finally disposes of the case.

c. As long as the court acts within its jurisdiction, any alleged errors committed in the
exercise of its discretion will amount to nothing more than mere errors of judgment. d. The court exercises a jurisdiction not conferred upon it by law, or when the court or tribunal although with jurisdiction, acts in excess of its jurisdiction or with grave abuse of discretion amounting to lack or jurisdiction. 48. Which of the following is a provisional remedy? a. b. c. d. Interpleader Receivership Declaratory Relief Mandamus

49. The following are requisites of claim by third person except: a. The property is levied. b. The claimant is the judgment obligor. c. He makes an affidavit of his title thereto or right to the possession thereof stating the grounds of such right or title. d. He serves the same upon the officer making the levy and the judgment obligee. 50. It is one issued at the commencement of the action or at any time before entry of judgment as security for the satisfaction of any judgment that may be recovered. a. b. c. d. Garnishment Preliminary attachment Levy on execution Certiorari

51. Doctrine of Judicial Stability means: a. It is the power and authority of the court to hear, try and decide a case. b. Courts of equal and coordinate jurisdiction cannot interfere with each others orders. c. A higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts. d. It is the power or authority to hear and determine cases to which the proceeding is question belongs. 52. Which of the following is the remedy available to a third person not party to the action but whose property is the subject of execution? a. b. c. d. Levy on Execution Terceria Garnishment Preliminary Injunction

53. The parties may stipulate on the venue as long as the agreement is: a. In writing, made after the filing of the action, and exclusive as to the venue. b. In writing, made before the filing of the action, and exclusive as to the venue.

c. Not in writing, made before the filing of the action, and exclusive as to the venue. d. In writing, made after the filing of the action, and not exclusive as to the venue. 54. Affirmative defenses does not include: a. b. c. d. Fraud Laches Statute of limitations Discharge in bankruptcy

55. The counterclaim is compulsory where:

a. It arises out of, or is necessarily connected with the transaction or occurrence that b. c. d.
is the subject matter of the plaintiffs partys claim; it does not require jurisdiction; and the trial court has jurisdiction to entertain the claim. It arises out of, or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing partys claim; it does not require jurisdiction; and the trial court has jurisdiction to entertain the claim. It arises out of, or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing partys claim; it does require jurisdiction; and the trial court has jurisdiction to entertain the claim. It arises out of, or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing partys claim; it does not require jurisdiction; and the trial court no has jurisdiction to entertain the claim.

56. The following are parts of a pleading except: a. b. c. d. Caption Number Text or the body Certification against forum shopping

57. Courts of general jurisdiction are those:

a. Without competence to decide on their own jurisdiction and to take cognizance of b. c. d.

all cases, civil and criminal, of a particular nature. With competence to decide on their own jurisdiction and to take cognizance of all cases, civil and criminal, of a particular nature. With competence to decide on their own jurisdiction and to take cognizance of only civil cases. With competence to decide on their own jurisdiction and to take cognizance of criminal case only.

58. Which of the following is a ground for motion for reconsideration? a. Fraud (extrinsic), accident, mistake (of fact and not of law) or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights. b. The decision or final order is contrary to law. c. Newly discovered evidence which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result.

d. Award of excessive damages, or insufficiency of the evidence to justify the

decision, or that the decision is against the law. 59. The following are modes of appeal except: a. b. c. d. Ordinary Appeal Petition for Relief Petition for Review Petition for Review on Certiorari

60. Which court shall have jurisdiction over actions for payment of money where the value of the claim does not exceed P100,000 exclusive of interest and costs? a. b. c. d. RTC MTC CA CTA

61. Attachment may be discharged without the need for filing of a counter-bond. This is possible when the party whose property has been attached files a motion to set aside or discharge the attachment and during the hearing of the motion, he proves that: a. The attachment was properly issued or enforced; or the bond of the attaching creditor is insufficient; or the attachment is excessive and must be discharged as to the excess; or the property is exempt from execution, and as such is also exempt from preliminary attachment. The attachment was improperly or irregularly issued or enforced; or the bond of the attaching creditor is insufficient; or the attachment is excessive and must be discharged as to the excess; or the property is exempt from execution, and as such is also exempt from preliminary attachment. The attachment was improperly or irregularly issued or enforced; or the bond of the attaching creditor is sufficient; or the attachment is excessive and must be discharged as to the excess; or the property is exempt from execution, and as such is also exempt from preliminary attachment. The attachment was improperly or irregularly issued or enforced; or the bond of the attaching creditor is insufficient; or the attachment is excessive and must be discharged as to the excess; or the property is not exempt from execution.

b.

c.

d.

62. Every pleading shall contain in a mathematical and logical form : a. A plain, concise and indirect statement of the ultimate facts on which the party relies for his claim and defense, as the case may be, containing the statement of mere evidenciary facts. b. A plain, concise and direct statement of the ultimate facts on which the party relies for his claim and defense, as the case may be, containing the statement of mere evidenciary facts. c. An elaborate, concise and indirect statement of the ultimate facts on which the party relies for his claim and defense, as the case may be, containing the statement of mere evidenciary facts. d. A plain, incomplete and indirect statement of the ultimate facts on which the party relies for his claim and defense, as the case may be, containing the statement of mere evidenciary facts.

63. Which of the following is not a remedy available to a plaintiff when a complaint is dismissed? a. b. c. d. Refilling of the complaint Petition for review Appeal from the order of dismissal Petition for certiorari

64. When making averments of fraud or mistake in a pleading, the circumstances constituting such fraud or mistake must be stated with: a. b. c. d. Identity Particularity Clarity Generally

65. The following are the conditions in joinder of causes action. Which is not a condition in joinder of causes of action?

a. The party joining the causes of action shall comply with the rules on joinder of
parties.

b. The joinder shall include special civil actions governed by special rules.
c. Where the cause of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein. d. Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. 66. What is the effect of failure to plead defenses or objections? a. Defenses or objections not pleaded in either in a answer, they are deemed admitted. b. Defenses or objections not pleaded in either in a answer, they are deemed waived. c. Defenses or objections not pleaded in either in a answer, they are deemed allowed. d. Defenses or objections not pleaded in either in a answer, they are deemed permitted. motion to dismiss or in the motion to dismiss or in the motion to dismiss or in the motion to dismiss or in the

67. What is the period of Petition for Review under Rule 42?

a. Within 10 days from receipt of judgment

b. Within 15 days from receipt of judgment c. Within 5 days from receipt of judgment d. Within 25 days from receipt of judgment 68. Which of the following is the order of satisfaction of judgment of attached property?

a. Perishable or other property sold in pursuance of the order of the court; property,
real or personal, as may be necessary to satisfy the balance; ordinary execution; collecting from debtors of the judgment obligor.

b. Perishable or other property sold in pursuance of the order of the court; property, c. d.
real or personal, as may be necessary to satisfy the balance; collecting from debtors of the judgment obligor; ordinary execution. Property, real or personal, as may be necessary to satisfy the balance; perishable or other property sold in pursuance of the order of the court; collecting from debtors of the judgment obligor; ordinary execution. Perishable or other property sold in pursuance of the order of the court; collecting from debtors of the judgment obligor; property, real or personal, as may be necessary to satisfy the balance; ordinary execution.

69. It is a proceeding by which the owner or one who has a general or special property in the thing taken or detained seeks to recover possession in specie, the recovery of damages being only incidenta. a. b. c. d. Receivership Replevin Preliminary Injunction Preliminary Attachment

70. When may a motion to intervene be filed? a. The motion to intervene may be filed at any time after the rendition of judgment by the trial court. b. The motion to intervene may be filed at any time before the rendition of judgment by the trial court. c. The motion to intervene may be within 5 days before the rendition of judgment by the trial court. d. The motion to intervene may be filed within 3 days after the rendition of judgment by the trial court. 71. It is a form of negative expression which carries with it an affirmation or at least an implication of some kind favorable to the adverse party. a. b. c. d. Affirmative Defenses Negative Pregnant Negative Defenses Answer

72. Subpoena duces tecum means: a. b. c. d. It is a process by which the court, at the instance of a party, commands a witness who has in his possession or control some document or paper that is pertinent to the issues of a pending controversy to produce it as the trial. It is a process directed to a person requiring him to bring with him at the hearing or trial of an action any books, documents, or other things under his control. It is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted under the laws of the Philippines, or for taking of his deposition. It is a legal proceeding by which a person who is not a party to the action is permitted by the court to become a party by intervening in a pending action after meeting the conditions and requirements set by the Rules.

73. The following are modes of discovery except:

a. b. c. d.

Depositions before action or pending appeal Pre-trial Production or inspection of documents and things Admission by adverse party

74. When service by ordinary mail is deemed complete? a. Upon the actual delivery. b. Upon the expiration of ten (10) days after mailing, unless the court otherwise provides. c. Upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, whichever is earlier. d. At the time of delivery of the copy to the clerk of court. 75. The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties. Reception of the evidence may nevertheless be delegated to the clerk of court who is a member of the bar, in any of the following cases except: a. b. c. d. In default hearings. In a motion to dismiss In ex parte hearings In any case by written agreement of the parties

Note: The answers in the questions are letter b.