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Marc Laurence R.

Monterde
Multiple choice questions
Remedial Law Review 2
Evidence
1.
In a criminal case, the accused is entitled to an acquittal, unless his
guilt is shown
A. By preponderance of evidence
B. Beyond reasonable doubt
C. By circumstancial evidence
D. None of the above
2.
An extrajudicial confession made by an accused, shall not be sufficient
ground for conviction unless corroborated by evidence
A. Aliunde
B. Of corpus delicti
C. Substantial Evidence
D. That proves that the combination of all circumstances is such as to
produce a conviction beyond reasonable doubt.
3. The court may stop the introduction of further testimony upon any
particular point when the evidence upon it is already so full that more
witnesses to the same point cannot be reasonably expected to be additionally
persuasive.
A. Probably true
B. False
C. Maybe
D. True based on Section 6 Rule 133 of the Rules on Evidence
4. Circumstancial evidence is sufficient, when
A. There is more than once circumstance
B. The facts from which the inferences are derived are proven, and
C. The combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt.
D. All of the above
5. In a civil case, the party having the burden of proof must establish his case
by
A. Proof beyond reasonable doubt
B. Preponderance of evidence
C. Sufficient ground to engender a well-founded belief that a crime has been
committed and that the respondent is probably guilty thereof, and should be

held for trial


D. Errors or irregularities prejudicial to the substantial rights of the accused
have been committed during trial.
6. No person may be compelled to testify against his
A. Parents
B. Other direct ascendants
C. Children or other direct descendants
D. All of the above
7. In relation to the question in no. 6, this privilege is called
A. Testimonial privilege
B. Privileged communication
C. Admission by silence
D. Admission against interest
8. It provides a judicial remedy to protect a persons right to information
regarding oneself, particularly in instances where such information is being
collected through unlawful means inorder to achieve unlawful ends.
A. Writ of Amparo
B. Writ of Habeas Data
C. Writ of Habeas Corpus
D. Adoption
9. The following may file a petition for the issuance of Writ of Habeas Date
A. Any aggrieved party
B. Any member of the immediate family of the aggrieved party, namely the
spouse, children and parents
C. Any ascendant, descendant or collateral relative of the aggrieved party
within the fourth civil degree of consanguinity or affinity
D. All of the above
E. None of the above
10. The following are prohibited pleadings and motions in a petition for the
issuance of a Writ of Amparo
A. Motion to dismiss
B. Reply
C. Third-party complaint
D. Intervention
E. All of the above
F. None of the above

Marc Laurence R. Monterde


Multiple choice questions
Remedial Law Review 2
Criminal Procedure
2.
In a criminal case, any party may appeal from a judgment or final
order, unless the accused will be placed in
E. Double Jeopardy
F. Preliminary Investigation
G. Trial in absentia
H. Custodia legis
3.
If personal service of the copy of the notice of appeal cannot be made
upon the adverse party or his counsel, service may be done by
E. Registered mail
F. Substituted service
G. Publication
H. Private courier
3. An appeal may be taken within
E. 60 days from promulgation of judgment or from notice of the final order
appealed from.
F. 20 days from the promulgation of judgment or from notice of the final order
appealed from
G. 15 days from the promulgation of judgment or from notice of the final
order appealed from
D. None of the above
4. Appeal may be withdrawn before the record has been forwarded by the
clerk of court to the proper appellate court as provided in Section 8 Rule 122
E. True
F. False
G. Maybe, but im not sure
H. Probably false
5. A search warrant is an order in writing issued in the name of the People of
the Philippines, signed by a prosecutor, directed to a peace officer,
commanding him to search for personal property described therein and bring
it before the court.
E. True
F. False
G. Partly true and partly false
H. Who cares

6. An application for search warrant shall be filed with the following:


E. Any court within whose territorial jurisdiction a crime was committed
F. At the option of the private complainant as provided in section 28 of RA
8282
G. For compelling reasons, stated in the application, any court within the
judicial region where the crime was committed if the place of the commission
of the crime is known, or any court within the judicial region where the
warrant shall be enforced.
H. All of the above
7. A search warrant may be issued for the search and seizure of personal
property:
E. Subject of the offense
B. Stolen or embezzeled and other proceeds, or fruits of the offense
C. Held in custodia legis
D. Used by the arrestees/surrenderees of oplan tokhang
8. A search warrant shall not issue except upon probable cause in connection
with one specific offenseto be personally examined by the prosecutor after
examination under oath and affirmation of the complainant and the witnesses
in the preliminary investigation and particularly describing the place to be
searched and things to be seized which may be anywhere in the Philippines
E. True
F. False
G. Partly true
H. Entirely false
9. A search warrant shall be valid for:
A. 10 days from its date.
B. 120 days from date of issue and shall be deemed automatically cancelled if
the peace officers have not made use of it
D. Not later than 60 days from issue of the search warrant
E. None of the above
11. No search of a house, room, or any other premises shall be made except
in the presence of the
G. Lawful Occupant
H. Any member of the family of the lawful occupant
I. Two witnesses of sufficient age and discretion residing in the same locality
J. Security personnel of the place
K. All of the above

2nd Batch
MCQs in Special Proceedings
Rules 86 to Rule 98

1.

In claims against estate, the notice to the creditors shall be posted:


a. for a period of two (2) weeks successively in one (1) public place in
the province and in one (1) public places in the municipality where
the decedent last resided;
b. within a period of three (3) weeks successively in four (4) public
places in the province and in two (2) public places in the
municipality where the decedent last resided;
c. within a period of three (3) weeks successively in four (4) public
places in the province and in two (2) public places in the
municipality where the property is located;
d. within a period of two (2) weeks in one (1) public place in the
province and in one public place in the municipality where the
property is located.

2. The person who embezzled or alienates any of the money, goods,


chattels or effects of the deceased shall be liable for double the value
of the property sold, embezzled or alienated to be recovered for the
benefit of the:
a. Executor;
b. Administrator;
c. Administration;
d. Estate;
e.

State.

3. The ___________________ of the deceased ranked first in the payment of


the debts of the estate.
a. Real properties;
b. Mixed properties;

c. Securities;
d. Personal properties;
e. Both personal and real properties.
4. The order of hearing in an escheat proceedings shall be published
before the hearing set by the court at least;
a. Twice a week for six successive weeks;
b. Once a week for six successive weeks
c. Twice a week for 3 successive weeks;
d. Once a week for 3 successive weeks.
5. May a resident minor be allowed to file a petition for the appointment
of his guardian?
a. Yes, if he is thirteen years of age or over;
b. Yes, if he fourteen years of age or over;
c. Yes, if he is thirteen years of age at the time of the filing of the
petition;
d. Yes, if he is fourteen years of age at the time of the filing of the
petition.
6. In claims againts the estate, ___________________ refers to claim which
is subject to no contingency and maybe proved and allowed by the
committee or claims:
a. Absurd claim;
b. Contingent claim;
c. Absolute claim;
d. Anonymous claim.
7. May the court extend the period of 15 days for the executor or
administrator to file the answer in any claim?

a. No, the period is non-extendible;


b. Yes, in its discretion;
c. Maybe.
8. The executor or administrator is prohibited from selling personal
property of the decedent without court order even if the heirs and
other persons interested have consented thereto.
a. False;
b. True;
c. Maybe
9. _______________ refers to the determination of the assets of the estate and
payment of all debts and expenses.
a. Administration
b.

Liquidation;

c. Succession
10. The probate court loses jurisdiction of an estate under administration:
a. After the payment of all the debts and the remaining estate
delivered;
b. After the payment of the debts;
c. After the remaining estate delivered .
Criminal Procedure
Rule 116 to Rule 121
1.

_________________ is the formal mode and manner of implementing the


constitutional right of an accused to be informed of the nature and
accusation against him.
a.

Preliminary Investigation;

b. Arraignment;
c. Appraisal;

d. Confrontation.
2. Where the accused has been already been arraigned and subsequently
the information was substantially amended, the
a.

Arraignment on the amended information is discretionary on the


part of the court;

b. Arraignment on the amended information is optional on the part of


the accused;
c. Arraignment on the amended information is mandatory.
3. May arraignment of the accused be made after a case has been
submitted for decision?
a. No, as this procedural error was tantamount to a denial of his
constitutional right to be informed of the accusation against him;
b. No, as his subsequent arraignment did not cure the defect in the
trial proceedings as the trial court had not acquired jurisdiction over
his person;
c. Yes, as his arrest, not his arraignment, conferred on the trial court
jurisdiction over his person.
4. May an oral motion to quash be made?
a. Yes;
b. No;
c. It depends.
5. Courts should consider no ground other than those stated in the
motion to quash.
a. Yes, the rule is absolute;
b. Yes, except the ground of lack of jurisdiction over the offense
charged;
c. Yes, except the ground of lack of jurisdiction over the person of the
accused.

6. The absence of a preliminary investigation or inability to participate in


the preliminary investigation is not a proper ground for a motion to
quash but for a petition for reinvestigation.
a. False;
b. True;
c. Maybe.
7. The ______________ bind the parties, limit the trial to matters not
disposed of and control the course of the action during the trial, unless
modified by the court to prevent manifest injustice.
a. Preliminary Conference;
b. Pre-trial Brief;
c. Pre-Trial Order.
8. The ________________ allows the parties to object to the presentation of
an evidence which may not be admissible for the purpose for which it
was offered.
a. Formal entry of appearance;
b. Formal offer of evidence;
c. Formal receipt of evidence.
9. __________________ is the adjudication by the court that the accused is
guilty or not guilty of the offense charged and the imposition on him of
the proper penalty and civil liability, if any.
a. Jurisdiction;
b. Judgment;
c. Judicial decree.
10.When does a motion for new trial or reconsideration be filed under the
Rules of Court?
a.

Any time before entry of judgment;

b. Any time before a judgment of conviction becomes final;


c. Any time before dismissing the case.

Evidence Rules 131 to 132


Katarungang Pambarangay Law
Examination of Child Witness Rule
Electronic Evidence Rule
Rule on Procedure on Environmental Cases

1. _______________ is the duty of a party to present evidence on the


facts in issue necessary to establish his claim or defense by the
amount of the evidence required by law.
a. Burden of evidence;
b. Burden of proof;
c. Substantial evidence.
2. Leading question is one which assumes as true a fact not yet
testified to by the witness or contrary to that which he has
previously stated and is answerable by yes or no.
a.

False;

b. True;
c.

False and true;

d. True and false.


3. If and when documents or things offered in evidence are excluded
by the court, what is the initial remedy of the offeror?
a. The offeror may file a motion for reconsideration on the order of
the court;
b. The offeror may have the same attached to or made part of the
record;
c. The offeror may file an administrative case against the judge.

4. When may an offer of evidence in writing be objected to?


a. Within five (5) days after notice of the offer unless a different
period is fixed by the court;
b. Within four (4) days after notice of the offer unless a different
period is fixed by the court;
c.

Within three (3) days after notice of the offer unless a different
period is fixed by the court.

5. Under the Rule on Examination of a Child Witness, _______________


means a person appointed by the court to pose questions to a child.
a. Initiator;
b. Coordinator;
c. Facilitator;
d. Mediator.
6. In the conduct by the judge of the examination of a child witness as
to his competence under the rule on examination of a child witness:
a. The counsel for the parties, can ask directly the child witness;
b. The counsel for the parties, can submit questions to the judge
and the judge shall immediately ask the child;
c.

The counsel for the parties, can submit questions to the judge
and that the judge may, in his discretion, ask the child.

7. Under the Rules on Electronic Evidence, ________________ refers to


an electronic document or electronic data message bearing a digital
signature verified by the public key listed in a certificate.
a. Electronically signed;
b. Manually signed;
c. Digitally signed;
d. Alphanumerically signed.

8. What is the rule on the applicability of the Rules on Electronic


Evidence?
a. It shall apply to all cases filed after its effectivity;
b. It shall apply to all cases pending after its effectivity;
c. It shall apply to all cases pending or filed after its effectivity.
9. _________________ is a writ issued by a court in an environmental
case directing any agency or instrumentality of the government or
officer thereof to perform an act or series of acts decreed by final
judgment which shall remain effective until judgment is fully
satisfied.
a. Writ of Kalikasan;
b. Writ of Amparo;
c. Writ of Habeas Data;
d. Writ of Continuing mandamus.
10.Under the Katarungang Pambarangay Law, the Lupon shall appoint
any member of the barangay who will act and serve as the
secretary of the lupon.
a. True;
b. False;
c. Maybe.
Marc Laurence R. Monterde
Multiple choice questions
Remedial Law Review 2
SPECIAL PROCEEDINGS
1. Habeas Corpus extends to
I. All cases of illegal confinement or detention
J. Rightful custody of any person from the person entitled thereto
K. Both A and B
L. Extra legal killings
4.

Requisite/s of application for Habeas Corpus

I. Person in whose benefit the application is made is imprisoned or restrained


of his liberty
J. The officer or name of the person by whom he is so imprisoned or
restrained; or both are unknown or uncertain, such officer may be described
by an assumed appelation, and the person who is served with the writ shall
be deemed the person intended
K. The place where he is so imprisoned or restrained if known
L. Copy of the commitment or cause of detention of such person, if it can be
procured without impairing the efficiency of the remedy; or if the
imprisonment or restraint is without any legal authority, such fact shall
appear
M. All of the above
N. None of the above
3. A person desiring to change his name according to Rule 103 shall present
the petition to the
H. Court of First Instance of the province in which he resides
I. The City of Manila, to the Juvenile and Domestic Relations Court
J. The Office of the City Prosecutor
D. None of the above
4. Content/s of the petition for change of name
I. The petitioner has been a bona fide resident of the province where the
petition is filed for atleast three years prior to date of such filing
J. The cause for which the change of name is sought
K. The name asked for
L. All of the above
5. Who may file a petition for declaration of absence
I. Spouse present
J. The Paramour
K. The state
L. The sari-sari store owner where the absentee usually buys
7. Who may file a petition for cancellation or correction of enties in the civil
registry:
I. The Solicitor General
J. Any person interesetend in any act, event, order or decree concerning the
civil status of persons which has been recorded in hte civil register
K. The officers conducting the search as instruced by lawful superiors
L. The Chief Justice of the Supreme Court
M. All of the above
8. Upon filing of the petition, the court shall by an order, fix the time and
place for the hearing of the same, and cause the reasonable notice thereof to
be given to the persons named in the petition for:

F. Three consecutive days


B. Once a week for three consecutive weeks in a regional newspaper
C. Once a week for five consecutive months in a newspaper of general
circulation in the province
D. Once a week for three consecutive weeks in a newspaper of general
circulation in the province
E. After the jedi returns according to Rule 4 of the Starwars saga
8. Appeals in Special Proceedings may be filed where the order of judgment
I. Allows or disallows a will
J. The apprentice is bestowed the level of a Jedi knight
K. The person arrested escaped confinement
L. None of the above
9. No writ of Habeas Corpus can be disobeyed for defect of form if it
sufficiently appears therefrom in whose custody or under whose restraint the
party imprisoned or restrained is held and the court or judge before whom he
is to be brought
A. True
B. False
C. Who cares
D. Im clueless
10. The Solicitor General or the proper city or provincial fiscal shall appear on
behalf of the Government of the Republic in petitions filed in accordance with
Rule 103
L. True
M. False
N. Who cares
D. Wag niyo sakin itanong yan

Prepared by: Lemuel Paul M. Alegado


Special Proceedings questions
Rule 72-85 and Judicial Affidavit Rule
1. A filed a case against B for a sum of money arising out of a contract.
While the case was pending, B died. If you were the lawyer for A, what
would your action be?
A) File a motion to dismiss the action and file an action of claims
against the estate
B) File a motion to suspend the proceedings
C) Wait until the final termination of the case
D) File a motion to have your client be declared the administrator of
the estate of B.
Answer: C- Sec 20, Rule 3 ROC

2. During a probate proceeding, A, a creditor of the deceased, filed a


motion to declare him the owner of one of the properties in the
settlement of estate. All heirs and other creditors did not oppose the
motion and in fact, everyone agreed that he should be declared the
owner thereof. Should the court:
A) Declare A the owner of the said property
B) Allow the introduction of evidence and determine whether or not
the property should be included in the settlement of estate
C) Deny the motion and proceed with the settlement of the estate
proceedings and during the liquidation of the estate, give A his
share as an unpaid creditor of the deceased
D) Have the parties present their respective pieces of evidence as
proof for the said property
Answer: B- Limited Jurisdiction of the probate court
3. A is declared as a special administrator of the estate by the court.
What is your remedy to assail the said decision?
A) Petition for Certiorari under Rule 65 with a prayer for preliminary
injunction or TRO
B) Appeal the order declaring A as special administrator
C) File a motion to lift the order declaring A as special administrator
D) Proceed with the estate proceeding and assail the said decision
later during appeal to the Court of Appeals
Answer: A- Appointment of special administrator is an
interlocutory order
4. A is declared an administrator of the estate by the probate court. How
do you assail such appointment?
A) Petition for Certiorari under Rule 65 with a prayer for preliminary
injunction or TRO
B) Appeal the order declaring A as an administrator
C) File a motion to lift the order declaring A as special administrator
D) Proceed with the estate proceeding and assail the said decision
later during appeal to the Court of Appeals.
Answer: B- Appointment of a regular administrator is a final
order
5. A died in Davao. He left no will. His heirs filed an intestate proceeding
in Manila. B, one of As children filed a motion to dismiss the petition
on the ground of lack of jurisdiction. The court granted the motion
outright on that ground.
A) The court erred in granting the motion to dismiss. It should have
dismissed the case on the ground of improper venue
B) The court was correct in granting the motion
C) The court should have heard the parties before making its decision
D) The court should have denied the motion
Answer: D- The rule on venue can be waived.

6. A is declared an administrator of the estate by the RTC probate court.


B, one of the deceased children filed a motion for reconsideration on
the 14th day of the period to file a motion for reconsideration or new
trial, or appeal the case. The said motion as denied by the court. As
lawyer for B you have
A) Fresh 15 days to file an appeal
B) 1 day remaining to file an appeal
C) Follow the Neypes ruling
D) Fresh 30 days to file an appeal
E) C and D
F) None of the above
G) A and C
Answer: E- It is of the humble opinion of the maker of this
question that the fresh period principle should also be applied in
Special Proceedings cases as applied in criminal and civil cases.
Since Special Proceedings has 30 days to appeal by way of
record on appeal, there should be a fresh period of 30 days to
appeal from notice of the denial of the motion for
reconsideration or motion for new trial
7.

A was charged with acts of lasciviousness. During trial, he was called


upon the witness stand to testify on his behalf. The prosecution
objected because he did not file his judicial affidavit. A invoked that it
is his right to be heard and that he should be allowed to testify. Rule on
the matter.
A) The court should allow A to testify because of his Constitutional
right to be heard
B) The court should not allow A to testify because by not submitting
his judicial affidavit, he waived his right to testify because it served
as his direct testimony
C) The court should allow the filing of As Judicial Affidavit
D) The court should order the presentation of other evidence on behalf
of A
Answer: B- Sections 9 and 10 of the Judicial Affidavit Rule

8. A is charged with murder. May he file his Judicial Affidavit?


A) No, because judicial affidavit is only applicable to crimes with an
impossible penalty of not exceeding six years
B) Yes, he may file a judicial affidavit if he chooses to do so
C) Yes, he may file his judicial affidavit but only with respect to the civil
aspect of the case
D) Yes, he may file his judicial affidavit if he plea bargains
Answer: B- Section 9 of the Judicial Affidavit Rule
9. A is charged with homicide. B, one of his witnesses, failed to appear
during trial but his judicial affidavit was offered as evidence. Decide

A) The judicial affidavit should be admitted and to be identified by B


on the next hearing
B) The judicial affidavit should not be considered by the court
C) The judicial affidavit should be considered as a mere scrap of paper
D) The court should order a continuance of the trial
Answer: B- Sec
10.B, the counsel for the defendant, failed to appear during the
presentation of C to testify with a judicial affidavit for A, the plaintiff of
the case. Decide.
A) Declare that the defendant waived his right to confront by crossexamination C
B) Order the continuance of the trial
C) Have the defendant be declared in default
D) Rule the in favour of A because the defendant failed to defend his
case
Answer: A
Criminal Procedure
Rule 110-115
1. A was stopped by a traffic enforcer. Before issuing the ticket for the
traffic violation, the enforcer searched the motorcycle driven by A. The
traffic enforcer found marijuana. A was charged with drug possession.
A moved that the evidence against him be declared inadmissible. The
prosecutor, on the other hand, opposed the said motion, and argued
that the illegal substance was a result from a valid arrest. Decide.
A) The marijuana is admissible because the search conducted by the
officer was preceded by a valid arrest
B) The marijuana is inadmissible because it resulted from an illegal
search.
C) The traffic enforcer should be called to testify
D) The accused should be convicted
Answer: B- Traffic stop is not considered arrest, hence any search
conducted after such traffic stop, if without a search warrant, is
illegal
2. A, a resident of Cebu, was recruited by B while she was in Manila to
work in Singapore as a factory worker. When A arrived in Singapore,
she did not worked there as factory worker but instead she worked as a
domestic helper where she was treated cruelly by her employer. This
prompted her to return to the Philippines. She approached you and
asked where the case should be filed.
A) In Cebu
B) In Manila
C) In Singapore
D) Where B resides
E) A or B
F) C or D

G) None of the above because POEA has jurisdiction over the case
Answer: E- The case should be filed where the victim resides or
where the crime was committed (place of recruitment) at the option
of the victim
3. A and B got married in Hong Kong through a notary public. After 10
years of marriage, A, the husband, contracted a second marriage in
Singapore. B then filed a case of Bigamy against A. A then filed for a
Petition for Annulment of Marriage against A. A then moved to suspend
the Bigamy case on the ground of prejudicial question. If you were the
judge for the criminal case, you would
A) Suspend the proceeding because of prejudicial question
B) Deny the motion to suspend the trial and proceed with the trial
C) Dismiss the case
D) Order the prosecutor to investigate the parties for a possible
collusion
Answer: C- The court has no jurisdiction over the case because the
crime was committed outside the Philippines. The court can dismiss
the case motu proprio for lack of jurisdiction
4. A committed slight physical injuries in Quezon City. Where should the
offended party file his complaint?
A) With the prosecutors office
B) Directly with the RTC
C) Directly with the MTC
D) With the DOJ
Answer A-Sec 1(b) Rule 112 ROC
5. A was charged with Theft and Murder in one information. The
prosecutor was able to prove beyond reasonable doubt that A
committed both crimes. If you were the judge, you would
A) Convict A of Theft only
B) Convict A of Murder only
C) Convict A of both crimes
D) Acquit A of the charges against him because there was a violation
of his Constitutional Right
Answer: C- If the accused fails to object to duplicitous information,
he may be convicted of as many offenses as there are charged.
6. A and B are married for 10 years. A, the husband, met C, young lovely
lady, while he was on a convention. A and C fell in love. B found out
about their illicit affair. She was furious at first but later on, she met D,
a young handsome man. B and D also fell in love. After some time A
and B decided to put into writing that no case should be filed against
each other out of their own illicit affairs. B got pregnant and when A
learned about this, he filed a complaint against B and with the
prosecutors office. If you were the prosecutor, you would
A) Dismiss the complaint

B) File the information in court


C) Have A present more evidence
Answer: A- Sec. 5 Rule110 ROC
7. You were charged with homicide. Which of the following is you
immediate remedy?
A) File a motion to quash the information
B) File a motion to supress evidence
C) File a motion to demurrer to evidence
D) Bail
Answer: D
8. A was charged with Homicide. For more than one year, the prosecutor
has not presented any evidence against him. If you are the lawyer for
the A, you would
A) File a motion to dismiss the case, invoking the Constitutional Right
of the speedy disposition of the case
B) File a motion to dismiss the case, invoking the Speedy Trial Act.
C) File a demurrer to evidence
D) File a motion to quash information
Answer: B. Note that letter A is also an acceptable answer but the
Speedy Trial Act is enacted to cater criminal cases which there were
failure to prosecute
9. Juan Dela Cruz was charged with violating B.P. 22. The court ordered
the case for mediation and judicial dispute resolution. May the court do
so considering that it is a criminal case?
A) No, because criminal case cannot be settled
B) Yes, but only with respect to the civil aspect of the case
C) Yes since violation of B.P.22 is more of a civil case
D) Yes since B.P. 22 is a special crime
Answer: B
10.A was charged with Slight Physical Injuries. He is in jail for 3 months
now. As his new lawyer, you would
A) File a motion to have A released
B) Apply for bail
C) File a motion to demurrer to evidence because his confinement in
jail exceeded that of the impossible penalty in Physical Injuries
D) File a motion to dismiss the case because he already served the
possible maximum impossible penalty
Answer: A- Sec. 16 Rule 114 ROC

Evidence
1. It is the ultimate fact or proposition sought to be established
A) Factum Probans
B) Factum Probandum
C) Best Evidence
D) Parol Evidence
Answer: B
2. It is the material evidencing the proposition
A) Factum Probans
B) Factum Probandum
C) Direct Evidence
D) Circumstantial Evidence
Answer: A
3. A was charged for Murder for killing X. B, witness for the prosecution,
testified that he saw A killed X. He also testified that he saw that A
removed the watch of X. The lawyer for A objected to the testimony
with respect to the removing of the watch. Is the lawyer correct?
A. No, the witness should be given the chance to testify on what he
saw
B. No, the testimony is related to the incident
C. Yes, such testimony is not relevant
D. Yes, such testimony is prejudicial to his client
Answer: C- Evidence must be relevant to the issue and is not
excluded by law or by the rules. The getting of the watch is not
relevant to the crime of Murder. Answer is different if the crime
charged is Robbery with Homicide.
4. A is a kasambahay of B. One day, while B was away, A stole the Bs
laptop and sold it to their neighbour. B found out about it and A
admitted to the crime. B had A sign a confession with the neighbour as
the witness. A was subsequently charged with Qualified Theft. The
signed confession was later presented as evidence. As lawyer objected
to the presentation of the signed confession, arguing that any
confession made by the accused is inadmissible if not made in the
presence of a competent counsel preferably of his own choice. Decide
A) The confession should be declared inadmissible
B) The confession is admissible
C) The prosecution should present other evidence
D) The
Answer: B- Inadmissibility of extra judicial confession will only apply
if the confession was elicited by peace officers. The provisions of
the Bill of Rights will only apply against the government and not
against private individuals

5. A, B and C were arrested during a buy bust operation. The marked


money offered as evidence is
A) Testimonial Evidence
B) Autoptic Evidence
C) Best Evidence
D) Parol Evidence
Answer: B- Sec. 1 Rule 130 ROC
6. A, while driving along Roxas Blvd., hit and killed B. A was charged with
Reckless Imprudence Resulting in Homicide. Before the trial of the
case, A offered to compromise with the family of B. Is the offer of
compromise admissible in evidence as an implied admission of guilt
against A?
A) Yes, criminal cases cannot be compromised
B) No, it cannot be admissible
C) Yes, an offer of compromise by the accused may be received in
evidence as an implied admission of guilt
D) No, the offer of compromise by the accused can be received in
evidence
Answer: B- Sec. 27 Rule 130 ROC
7. A and B are married. A, the husband, told B that he killed C, As boss at
work. A was never caught. After the dissolution of A and Bs marriage,
B went to the police and inform them what A did. A was subsequently
charged with Murder of C. The prosecution called B to testify against
A. As lawyer objected. Decide
A) B should be allowed to testify
B) A cannot testify against B because of privilege communication
C) A cannot testify against B because it is hearsay evidence only
D) A cannot testify against B because she has no personal knowledge
of the facts and circumstances of the case
Answer: B- Sec 24 Rule 130 ROC
8. A was found by B lying in a pool of his own blood. B asked A who did
this to him. A, using his lips, pointed to C. A then died. C was then
charged for the death of A. The dying declaration of A was presented in
court as evidence against C. C objected and argued that the pointing
of lips cannot be considered as a dying declaration and that the same
should be spoken. Decide.
A) The dying declaration should be admitted as evidencebecause it is
not limited to declaration only
B) The dying is inadmissible because it is not declared
C) It is admissible as res gestae
D) It is not admissible because it is hearsay
Answer: A Sec 37,Rule 130.Pp vs. Viovicente G.R. No. 118707

9. A is charged for the crime of Estafa. During trial, he presented


evidence of his good moral character. The prosecution objected,
arguing that character evidence is not admissible in evidence. Decide
A) The moral character is not admissible in evidence as provided in
Sec. 51 Rule 130
B) The accused may prove his moral character if it is pertinent to the
moral trait involved in the offense charged
C) The good or bad moral character of the offender may be proved if it
tends to establish any reasonable degree the probability or
improbability of the offense charged.
D) The prosecution may prove his bad moral character
10.A is charged of Estafa. The prosecution presented evidence of similar
acts of A in previous crimes. A objected to the presentation. May such
evidence be admissible as evidence?
A) Yes, evidence that one did or did not do a certain thing at one time
is admissible to prove that he did or did not do the same or a
similar thing at another time
B) Yes, it may be received to prove a specific intent or knowledge,
identity, plan, system and the like
C) Yes, if it is not hearsay
D) Yes if previous acts are based on personal knowledge
Answer: B- Sec. 34, Rule 130 ROC
CRIMINAL PROCEDURE
1. When should the complaint or information be amended?
a. At any time before the accused enters his plea
b. Before the defense presents his evidence
c. Before the prosecution presents his evidence
d. At any time of the hearing
2. Where an offense is committed on board a vessel in the course of its
voyage, where should the criminal action be instituted?
a.
Court of the place where the ship is registered
b.
Court of the first port of entry or the territory where the
vessel passed during such voyage
c.
Court of the place where the offended party resides
d.
Court of the place where the offender resides
3. Where should be a criminal action instituted?
a. Court of the place where the offended party resides
b. Court of the place where the offender resides

c. Court where the offense was committed or where any of its


essential ingredients occurred
d. Court of the place where the offender was last seen
4. What is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof, and
should be held for trial?
a. Complaint
b. Preliminary Investigation
c. Pre-Trial
d. Information
5. Who are authorized to conduct preliminary investigations?
a. Provincial or City Prosecutors
b. Assistant Prosecutors
c. National and Regional State Prosecutors
d. Other officers as may be authorized by law
e. All of the above
6. What is the period to execute a warrant of arrest?
a. Within 30 days from its receipt by the arresting officer
b. Within 5 days from its receipt by the arresting officer
c. Within 15 days from its receipt by the arresting officer
d. Within 10 days from its receipt by the arresting officer
7. What is the security given for the release of a person in custody of the
law to guarantee his appearance before any court?
a. Sureties
b. Oath
c. Bail
d. Bond
8. What is the effect of death of the accused before arraignment?
a. The civil liability of the accused based on the crime is extinguished
b. The offended party may file the civil action against the
estate of the deceased
c. The civil liability predicated from another source survives
d. The action may be pursued by the filing of a separate civil action
9. What is the nature of the right of preliminary investigation?
a. Executive
b. Punitive
c. Inquisitorial
d. None of the above
10. What are the remedies of accused if there was no preliminary
investigation conducted?
a. Refuse to enter plea upon arraignment and object to further
proceedings upon such ground

b.
c.
d.
e.
f.

Insist on preliminary investigation


File a certiorari, if refused
Raise lack of preliminary investigation as error on appeal
File prohibition
Any of the above
EVIDENCE

1. What is the ultimate fact sought to be established?


a. Factum probandum
b. Factum probans
c. Curative evidence
d. Conditional evidence
2. It establishes the existence of a fact in issue without the aid of any
inference or presumption.
a.
Circumstantial evidence
e.
Direct evidence
f.
Competent evidence
g.
Curative evidence
3. When is circumstantial evidence sufficient to convict the accused?
a. There is more than one circumstance
b. The facts from which the inferences are derived are proven
c. The combination of all the circumstances is such as to
produce conviction beyond reasonable doubt
d. All of the above
4. What is onus probandi?
a. It is the duty of a party to provide evidence at any stage of the trial
until he has established a prima facie case
b. It is the duty of a party to present evidence to establish his
claim or defense by the amount of evidence required by law.
c. It is the duty of a party to meet and overthrow that a prima facie
case has been established
d. It is the right of a party to offer no evidence.
5. It is an assumption of fact resulting from a rule of law, which requires
such fact to be assumed from another fact or group of facts found or
established in the action.
a. Evidence
b. Burden of Proof
c. Burden of Evidence
d. Presumption
6. Which of the following does not describe a presumption of law?
a. A certain inference must be made whenever the facts appear which
furnish the basis of the inference
b. Reduced to fixed rules and form a part of the system of
jurisprudence

c. It is a deduction which the law expressly directs to be made from


particular facts
d. Discretion is vested in the tribunal as to drawing the
inference
7. Which of the following is not covered by the Rules of Procedure for
environmental cases?
a. Sanitation Code
b. Philippine Environmental Policy of 1977
c. Marine Pollution Decree
d. Water Code
e. None of the above
f.
8. What is the period of effectivity of a Temporary Environmental
Protection Order?
a. Within 2 days from receipt of the TEPO by the person or party
enjoined
b. Within 3 days from receipt of the TEPO by the person or
party enjoined
c. Within 1 day from receipt of the TEPO by the person or party
enjoined
d. Within 5 days from receipt of the TEPO by the person or party
enjoined
9. What is the quantum of proof required in a Strategic Lawsuit against
Public Participation?
a. Proof beyond reasonable doubt
b. Substantial evidence
c. Preponderance of evidence
d. None of the above
10. What are the courts covered by the Rules on Small Claims?
a. Municipal Trial Courts
b. Municipal Circuit Trial Courts
c. Municipal Trial Courts in Cities
d. Metropolitan Trial Courts
e. All of the above
SPECIAL PROCEEDINGS
11.Where should the estate of the deceased person be settled?
e. The province in which he resides at the time of his death
f. The province where his real properties are located
g. The province where his personal properties may be found
h. The province where he has relatives
12.What
h.
i.
j.

is not a subject matter of special proceedings?


Change of name
Forcible entry
Habeas Corpus

k.

Escheat

13.When a person was previously presumed dead and thereafter proven


to be alive, to what should he be entitled?
e. To the totality of his estate
f. To the his estate excluding the receivable credits
g. To the balance of his estate after payment of all his debts
h. To the receivable credits
14.When are executors and administrators not accountable for debts due
to the estate?
e. When such debts are not yet due and demandable
f. When such debts remain uncollected without his fault
g. When such debts are not yet proven to be due to the deceased
h. When the executors and administrators are found to be unsuitable
15.What is the status of the acts before the revocation, resignation or
removal of an executor or an administrator?
e. Unenforceable
f. Invalid
g. Valid
h. Valid until annulled
16.What is not a ground for disallowing will?
e. If it was executed under duress, or the influence of fear, or threats
f. If it was procured by undue and improper pressure and influence,
on the part of the beneficiary, or of some other person for his
benefit
g. If not executed and attested as required by law
h. If the testator was insane, or otherwise mentally incapable to make
a will, at the time of its execution
i. If there is an issue to the citizenship of the deceased at the
time of his death
17.Who has the right to retain whole estate to pay debts of the estate?
g. Spouse of the deceased
h. Heirs of the deceased
i. Executor and administrator
j. State
18.What should be included in the articles to be inventoried?
e. Wearing apparel of the surviving spouse and minor children
f. Conjugal home
g. The marriage bed and bedding
h. Such provisions and other articles as will necessarily be consumed
in the subsistence of the family of the deceased
19.What is the document prepared by the executor or administrator
setting forth the manner in which the estate of the deceased is to be
distributed among the heirs?
e. Letters testamentary

f. Letters of administration
g. Will
h. Project of Partition
20. When should the executor or administrator render an account?
f. Within 1 year from the time of receiving letters testamentary
or of administration
g. Within 2 years from the time of receiving letters testamentary or of
administration
h. Within 6 months from the time of receiving letters testamentary or
of administration
i. Within 9 months from the time of receiving letters testamentary or
of administration
Multiple Choice
SPECIAL PROCEEDINGS
1. Who among the following is COMPETENT to serve as an executor or
administrator?
a. Married women
b. Minor
c. Non-resident of the Philippines
d. In the opinion of the court unfit to execute the duties of the trust by
reason of conviction of an offense involving moral turpitude.
2. _____________ is appointed when there is delay in granting letters
testamentary or of administration by any cause including an appeal from the
allowance or disallowance of a will.
a. Executor
b. Administrator
c. Ancillary Administrator
d. Special Administrator
3. Which of the following statements is CORRECT?
a. If the testator asks for the allowance of his own will, notice shall be
sent only to his compulsory heirs.
b. It shall be presumed that the decedent left no debts if no creditor
files a petition for letters of administration within one (1) year after the
death of the decedent.
c. Subject to the right of appeal, allowance of the will shall be
conclusive as to its authenticity.
d. When the executor or administrator is an attorney, he can charge
against the estate any professional fees for legal services rendered by
him.
4. Summary settlement of estates of small value is allowed when
a. the gross value of the estate of a deceased person exceeds
P10,000.00
b. there is only one (1) heir
c. the gross value of the estate of a deceased person does not exceed
P10,000.00
d. the decedent is an alien

5. The probate court has NO jurisdiction to


a. determine questions as to who are the heirs of the decedent.
b. the validity of the inheritance effected by the testator.
c. the status of a woman who claims to be the lawful wife of the
decedent.
d. the validity of the redemption effected by the administrator.
6. It is the person named in the will to administer the decedents estate and
carry out the provisions thereof.
a. Executor
b. Administrator
c. Devisee
d. Legatee
7. If the decedent is a resident, where is the venue of probate proceedings?
a. RTC/MTC of any place where he had estate.
b. RTC/MTC where the decedent resided at the time of his death.
c. RTC/MTC where his heirs were resided at the time of his death.
d. RTC/MTC of any place where he executed his will.
8. If a person dies intestate, what is the initiatory pleading to be filed in
Court?
a. Petition for Allowance of Will and for Letters Testamentary
b. Petition for Letters of Administration
c. Petition for Allowance of Will and for Letters of Administration
d. Petition for Allowance of Will and for Letters Testamentary with the
will annexed
9. When is the two-year period to file claims against the estate deemed to
commence?
a. Two (2) years from the execution of the instrument of the existing
settlement of estate.
b. Two (2) years from the filing of the settlement of estate.
c. Two (2) years from the registration of the instrument of the existing
settlement of estate.
d. Two (2) years from the date of partition of the estate.
10. What is the duty of the custodian of a will after he knows of the testators
death?
a. The custodian should immediately file a Petition for Allowance of
Will and for Letters Testamentary with the will annexed.
b. The custodian shall deliver the will to the court having jurisdiction or
to the executor named in the will within twenty (20) days after he
knows of the testators death.
c. The custodian shall surrender the will to the heirs of the testator
within twenty (20) days after he knows of the testators death.
d. The custodian shall deliver the will to the court having jurisdiction or
to the executor named in the will within fifteen (15) days after he
knows of the testators death.
CRIMINAL PROCEDURE
1. Preliminary investigation is mandatory when the penalty imposed by law is


a. Six (6) years, one (1) month and one (1) day
b. Four (4) years, two (2) months and one (1) day
c. Four (4) years, one (1) month and two (2) days
d. Six (6) years, two (2) months and one (1) day
2. After the filing of the complaint or information in court without a
preliminary investigation, the accused may ask for a preliminary investigation
within what period?
a. Within five (5) days from the filing of the complaint or information in
court.
b. Within ten (10) days from the time the accused learns of the filing
of the complaint or information in court.
c. Within five (5) days from the time the accused learns of the filing of
the complaint or information in court.
d. Within five (5) days from the resolution of the investigating
prosecutor.
3. Which of the following statements is INCORRECT?
a. Bail is not a bar to objections on illegal arrest, lack of or irregular
preliminary investigation.
b. Where the grant of bail is a matter of discretion, or the accused
seeks to be released on recognizance, the application may be filed only
in the court where the case is pending, on trial or appeal.
c. An arrest may be made on any day and at any time of the day or
night.
d. No person under detention by legal process shall be released or
transferred except upon order of the court or when he is admitted to
bail.
4. It is an undertaking constituted as lien on the real property given as
security for the amount of the bail.
a. Corporate Surety
b. Property Bond
c. Cash Deposit
d. Recognizance
5. A complaint or information may be amended, in form or in substance,
without leave of court
a. upon filing of the complaint or information in court.
b. at any time before judgment.
c. at any time after the accused enters his plea.
d. at any time before the accused enters his plea.
6. ________________ is a sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer, or other public
officer charged with the enforcement of the law violated.
a. Complaint
b. Information
c. Sworn Statement
d. Resolution
7. At what stage of the proceedings should the reservation of the right to
institute separately the civil action shall be made?
a. Before the arraignment of the accused.
b. After the arraignment of the accused.

c. Before the presentation of defense evidence.


d. Before the presentation of prosecutions evidence.
8. Bail is a matter of right under the following circumstances EXCEPT:
a. Before conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court.
b. Upon conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.
c. After conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court.
d. Before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.
9. It is not necessary to state in the complaint or information unless it is a
material ingredient of the offense.
a. Place of commission of the offense.
b. Date of commission of the offense.
c. Designation of the offense.
d. Name of the accused.
10. The following may conduct preliminary investigations EXCEPT
a. Judges
b. Provincial or City Prosecutors and their assistants
c. National and Regional State Prosecutors
d. Other officers as may be authorized by law
Evidence
1. It is an admission, verbal or written, made by a party in the course of the
proceedings in the same case which does not require proof.
a. Confession
b. Admissions of a party
c. Judicial admissions
d. Adoptive Admission
2. The following are mandatory judicial notice except:
a. Existence and territorial extent of states
b. Matters which are of public knowledge
c. Laws of nature
d. Forms of government and symbols of nationality
3. Small Claims Action is commenced by
a. Filing a Complaint in a proper court
b. Filing a verified Statement of Claim in a proper court
c. Filing a Petition in a proper court
d. Filing an original Complaint in a proper court
4. _______________ is an order issued by the court directing or enjoining any
person or government agency to perform or desist from performing an act in
order to protect, preserve or rehabilitate the environment.
a. Environmental Protection Order (EPO)
b. Strategic Lawsuit Against Public Participation (SLAPP)
c. Writ of Continuing Mandamus
d. Temporary Environmental Protection Order (TEPO)
5. Writ of continuing mandamus can be filed with the:
a. Regional Trial Court, Court of Appeals, Supreme Court
b. Supreme Court, Court of Appeals
c. Metropolitan Trial Court, Court of Appeals, Supreme Court

d. Supreme Court, Court of Appeals, Metropolitan Trial Court


6. Which of the following is NOT a requisite for a dying declaration to apply?
a. The death is imminent and the declarant is not conscious of that
fact.
b. The declaration refers to the cause and surrounding circumstances
of such death.
c. The declaration relates to facts which the victim is competent to
testify to.
d. The declaration is offered in a case wherein the declarants death is
the subject of the inquiry.
7. Which of the following statements is NOT CORRECT:
a. A plea of guilty later withdrawn, or an unaccepted offer of a plea of
guilty to a lesser offense, is not admissible in evidence against the
accused who made the plea or offer.
b. All persons who can perceive, and perceiving, can make known their
perception to others may be witnesses.
c. A party who calls for the production of a document and inspects the
same is obliged to offer it as evidence.
d. The witness may also testify on his impressions of the emotion,
behavior, condition or appearance of a person.
8. Photographs, X-ray plates, recordings and motion pictures shown to the
court are generally
a. Testimonial evidence
b. Documentary evidence
c. Electronic evidence
d. Real or object evidence
9. Evidence of collateral facts or circumstances from which an inference may
be drawn as to the probability or improbability of the facts in dispute is known
as _________________.
a. Curative admissibility
b. Multiple Admissibility
c. Circumstantial Evidence
d. Direct Evidence
10. Which of the following is NOT a prohibited pleading under the Rule of
Procedure for Small Claims Cases?
a. Motion to dismiss the complaint
b. Motion for a bill of particulars
c. Motion for new trial, or for reconsideration of an Order
d. Interventions
Criminal Procedure Rules 116-121
1. Bill of particulars in criminal cases is
A)
B)
C)
D)

To
To
To
To

enable
enable
enable
enable

the
the
the
the

accused
accused
accused
accused

to
to
to
to

properly prepare his responsive pleading


properly plead and prepare for trial
dispute the evidence against him
confront the witnesses against him

Answer: B- Sec. 9 Rule 116 of the Rules of Court states that; The
accused may, before arraignment, move for a bill of particulars to
enable him properly to plead and to prepare for trial. The motion
shall specify the alleged defects of the complaint or information and
the details desired.
2. The following are the things that the court should do if plea bargaining
is agreed upon, except;
A) Issue an order to that effect.
B) Continue hearing the case in criminal and civil aspect.
C) Proceed to receive evidence on the civil aspect of the case.
D) Render and promulgate judgment of conviction, including the civil
liability or damages duly established by the evidence presented.
ANSWER: B. Plea bargaining is encouraged because it leads to prompt
and final disposition of most criminal cases. If the court will continue
hearing the case, this contradicts the purpose of the law.
3. A, B and C, selling methamphetamines, were arrested during a buy
bust operation by the PDEA agents. They were charged for violating
the Comprehensive Dangerous Drugs Act. C, appearing to be the least
guilty, made a deal with the prosecutor to be a State Witness. The
prosecutor agreed to the deal and filed a motion to discharge C of the
charges against him and make him a State Witness. If you were the
judge, would you
A) Grant the motion to discharge C
B) Deny the motion to discharge C
C) Order the presentation of evidence before deciding the motion
D) Acquit C of the charge against him
Answer: B- Absolute necessity of Cs testimony is not needed to
convict all of the accused. The PDEA agents can testify to the fact
that A, B and C were in the business of selling dangerous drugs.
4. When should a motion to quash be filed?
A)
B)
C)
D)

Any time before judgement or final order


Any time before the prosecution rests its case
Before arraignment of the accused
Before the accused enters his plea
Answer: D- Sec. 1, Rule 117 of the Rules of Court states that; At
any time before entering his plea, the accused may move to quash
the complaint or information.

5. A and B, while having a drinking spree, went into a brawl. B was


injured badly and was brought to the hospital. A was subsequently
charged with Frustrated Homicide which the trial court found him guilty
thereof. During appeal, B died as a result of his wounds. The prosecutor
moved that the charge against A be upgraded to Homicide. A, through
his lawyer, opposed the motion, arguing that it would result to double
jeopardy. Decide.
A) Grant the motion of the prosecutor because double jeopardy has
not yet attached
B) Grant the motion of the prosecutor because of supervening events
C) Grant the motion of the prosecutor because of the finding of the
trial court of As guilt
D) Deny the motion because of double jeopardy
Answer: B- Sec. 7(a) Rule 117 of the Rules of Court states that the
conviction of the accused
shall not be a bar to another
prosecution for an offense which necessarily includes the offense
charged in the
former complaint or information under any of the
following instances:(a)
the graver offense developed due to supervening
facts arising from the
same act or omission
constituting the former
charge;

6. A, a married man, got married again with B in the United States. His
first wife learned about the subsequent marriage. A returned to the
Philippines but B stayed in the US. He was subsequently charged with
Bigamy and Concubinage while he was here. A was arraigned and he
entered a plea of not guilty. During the presentation of evidence in
chief of the prosecutor, A filed a motion to quash on the ground that
two offenses were charged in a single complaint. The prosecutor
opposed the motion, arguing that the motion to quash should have
been filed before A was arraigned. Decide the case
A)
B)
C)
D)

Dismiss the case


Grant the motion to quash
Deny the motion to quash because A has already waived his right
Order to proceed with the presentation of the evidence and see if a
demurrer to evidence is proper
Answer: A- The court has no jurisdiction over the crimes because
they were committed outside the Philippine territory. Dismissal on
the ground of lack of jurisdiction can be made motu proprio

7.

Pedro, while driving along Roxas Blvd., hit a pedestrian resulting in the
latters death. He was charged with Reckless Imprudence Resulting in
Homicide before the Regional Trial Court. He filed a Motion to Quash on

the ground that the court has no jurisdiction over the offense. The trial
court denied the said motion. As the lawyer for Pedro, what is your
remedy?
A) File an appeal before the Court of Appeals
B) File a Motion for Reconsideration
C) File Petition for Certiorari
D) File a Petition for Prohibition
Answer: C- Denial of Motion to Quash is an interlocutory order and
not appealable. Remedy is Rule 65, Petition for Certiorari if there is
grave abuse of discretion amounting to lack or excess of jurisdiction
8. The grounds for the motion for new trial in criminal cases are the
following, except;
A) That errors of law have been committed during the trial.
B) That irregularities prejudicial to the substantial rights of the accused
have been committed during the trial.
C) There are errors of law in the judgment which requires no further
proceedings.
D) New and material evidence has been discovered.
ANSWER: C. Errors of law in the judgment is a ground for Motion for
Reconsideration.
9. The court convicted A for the crime of Homicide. On the 13th day after
notice of the decision, his lawyer filed a motion for reconsideration. The
trial court denied the motion. The period to file an appeal is
A)
B)
C)
D)

15 days
2 days
30 days
10 days
Answer: A- Fresh period. Neypes Ruling. The Courth has emphasized
that the period for appeal is not only within fifteen (15) days from
notice of judgment but also within fifteen (15) days from notice of
the final order appealed from. If a motion for reconsideration or
motion for new trial is denied, such denial is to be deemed as the
final order. From receipt of such notice of denial, the movant has
fresh period within which to appeal.

10.Mittimus is
A) A process issued by the court after conviction to carry out the final
judgement, commanding the clerk of court to hold the accused in
accordance with terms of the judgement.

B) A process issued by the court after conviction to carry out the final
judgement, commanding the prison warden to hold the accused in
accordance with terms of the judgement.
C) A process issued by the court after conviction to carry out the final
judgement, commanding the police to hold the accused in
accordance with terms of the judgement.
D) A process issued by the court after conviction to carry out the final
judgement, commanding the sheriff to hold the accused in
accordance with terms of the judgement.
Answer: B- It is the prison warden who has the duty to enforce the
final judgement of conviction.

*** submitted by Brenda Filipinas Parras-Danganan


Evidence Rule 131 to 132
1. A is a leasing in one of the apartments of B. Because of non-payment
of rent, B filed a case of ejectment against A. In his pleading, A
questioned the title of B over the leased apartment. Decide.
A) Additional evidence should be presented to prove that B has title
over the leased apartment
B) The tenant is not permitted to deny the title of his land lord
C) A should adduce evidence proving that B does not have title over
the apartment
D) B should be allowed to present evidence proving his title
Answer: B- Part of Sec 2(b) Rule 131 states that one of the
instances of conclusive presumptions is, (b) The tenant is not
permitted to deny the title of his landlord at the time of
commencement of the relation of landlord and tenant between
them. (3a)
2. What is your remedy if the pieces of evidence you were excluded by
the trial court
A) File a Petition for Certiorari
B) File a Petition for Mandamus
C) Proffer of Evidence
D) Appeal the case
Answer: C- Sec. 40 Rule 132 of the Rules of Court states that If
documents or things offered in evidence are excluded by the court,
the offeror may have the same attached to or made part of the
record. If the evidence excluded is oral, the offeror may state for
the record the name and other personal circumstances of the
witness and the substance of the proposed testimony.

3. A threatened to kill B through a text message. The text message was


presented as evidence against A in a case of Grave Threat. A objected
to the presentation of the text message arguing that it is not
admissible. Decide.
A) Electronic evidence is only applicable in civil cases and quasijudicial proceedings
B) Electronic evidence is applicable only in criminal case
C) The text message must admitted as evidence against A
D) The text message must contain the number of B
Answer: C- A.M. No. 01-7-01-SC, Re: Expansion of the Coverage of
the Rules on Electronic Evidence, September 24, 2002.
Sec. 2, Rule 1 of this law states that, these Rules shall apply to the
criminal and civil actions and proceeding, as well as quasi-judicial
and administrative cases.
G.R. No. 204894 March 10, 2014
PEOPLE
OF
THE
PHILIPPINES,
Appellee,
vs.
NOEL ENOJAS y HINGPIT, ARNOLD GOMEZ y FABREGAS, FERNANDO
SANTOS y DELANTAR, and ROGER JALANDONI y ARI, Appellants.
4. A, a child witness, is testifying against B, who killed C. The lawyer of B
moved that the competency of A be examined. The judge granted the
motion. The lawyer then asked A certain questions to test his
competency. The prosecutor objected. Decide
A) The lawyers of the parties can ask questions to the child witness to
test his competency
B) Only the lawyer of the adverse party can test the competency of
the child witness
C) The competency of the child witness can only be examined by the
judge
D) The party presenting the child witness is the only one who can
examine his competency
Answer: C- Rule on Examination of a Child Witness Sec. 6. States that,
every child is presumed qualified to be a witness. However, the court
shall conduct a competency examination of a child, motu proprio or on
motion of a party, when it finds that substantial doubt exists regarding
the ability of the child to perceive, remember, communicate,
distinguish truth from falsehood, or appreciate the duty to tell the truth in
court.

5. A, the witness for the accused, B, was asked whether he knew that B
had the intention to kill C. A refused to answer the question. He

invoked that by answering the question, A would incriminate himself


because it might prove that there was conspiracy between him and B.
Is As contention correct?
A) Yes, by answering the question, it would reveal that there was a
conspiracy between him and B to kill C. He can invoke his right
against self-incrimination
B) No, the right against self-incrimination would not apply
C) No, A must answer all the questions asked of him
D) No, the questions asked of A is relevant to the issue in the case
Answer: B- There is no showing that there is conspiracy in this case.
Hence, he cannot invoke his right against self-incrimination
6. A witness may be impeached by the following modes, except;
A) By contradictory evidence
B) By evidence that his general reputation for truth, honesty, and
integrity
is bad
C) By evidence that he has made at the other times statements
inconsistent with his present testimony
D) By enumerating in court specific wrongful acts he had committed.
ANSWER: D. A witness cannot be impeached by evidence of particular
wrongful acts except
evidence of his final conviction an offense as
disclosed by his examination or by the record of
judgment.
Thus,
the
witness cannot be impeached by enumerating in court specific
wrongful
acts he had committed.
7. A is charged for Homicide for killing B. A interposed self-defense. Does
the prosecution still need to prove A guilt beyond reasonable doubt?
A) Yes, it is mandated by law and the rules
B) No, the burden of proof shifts to the accused to show that the killing
was legally justified
C) No, the accused already admitted to the crime
D) No, the quantum of proof needed is clear and convincing evidence
only
Answer B- People vs. Dagani G.R. No. 153875
8. As a general rule, opinion of a witness is not admissible, however, the
following opinion with proper basis given by an ordinary witness may be
admitted, except;
A) The identity of a person about whom he has adequate knowledge.
B) A handwriting with which he has sufficient familiarity.
C) The family background, residence and life style of a party in the
proceeding.
D) The mental sanity of a person with whom he has sufficiently
acquainted.
ANSWER: C. as a rule, opiion of a witness is inadmissible. This is
because when a witness testifies, a witness does so with respect to

facts personally observed by him and it is for the court to draw


conclusions from the facts testified to.
9. A, a minor, is called to the witness stand to testify for B. After several
preliminary questions, the lawyer for B kept on asking questions
answerable by yes or no. The adverse party objected to the line of
questions. Decide
A) Objection should be sustained because leading questions are only
allowed on cross-examination
B) Objection should be over-ruled because leading questions may be
allowed in all stages of examination in case of a child witness
C) Objection should be over-ruled because a child witness is a
competent witness
D) Objection should be sustained because a child witness is a
competent witness
Answer: B- Rule on the Examination of a Child Witness Sec. 20. Leading
questions. The court may allow leading questions in all stages of
examination of a child if the same will further the interests of justice.
10.Who has the burden of proof of Strategic lawsuit against public
participation?
A) The petitioner in an environmental case
B) The defendant in an environmental case
C) The witnesses in an environmental case
D) The Court
Answer: B- Sec. 2, Rule 6 of the Rules of Procedure for
Environmental
Cases
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed
against a person involved in the enforcement of environmental
laws, protection of the environment, or assertion of environmental
rights, the defendant may file an answer interposing as a defense
that the case is a SLAPP and shall be supported by documents,
affidavits, papers and other evidence; and, by way of counterclaim,
pray for damages, attorneys fees and costs of suit.
*** submitted by Brenda Filipinas Parras-Danganan
SPECIAL PROCEEDINGS (RULE 86-98)
1. What is the period within which claims against the estate of the deceased
shall be filed?
A.) within 2 years from the date of the first publication of notice
B.) within 5 years from the date of the first publication of notice
C.) shall not be less than 6 months nor more than 1 year from the date of the
first publication of notice
D.) shall not be less than 6 months nor more than 2 years from the date of

the first publication of notice


ANSWER: C. The range of the period specified in the rule is intended to give
the probate court the discretion to fix the period for the filing of claims. The
purpose of the law, in fixing said period, is to ensure speedy settlement of the
affairs of the deceased person and early delivery of the property to the
persons entitled to the same.
2. The executor or administrator shall cause the publication of notice for 3
consecutive weeks successively in newspaper of general circulation in the
province where the decedent died. Posting the same is a requirement. Where
should the posting be done?
A.) 2 public places in the province and 4 public places in the municipality
where the decedent last resided.
B.) 4 public places in the province and 2 public places in the municipality
where the decedent last resided.
C.) 4 public places in the province and 4 public places in the municipality
where the decedent last resided.
D.) All public places in the province and municipality where the decedent last
resided.
ANSWER: B. Publication amounts to constructive notice and is binding against
the whole world. Consequently, a creditor cannot be permitted to file his
claim beyond the period fixed in the notice on the ground that he had no
knowledge of the administration proceedings.
3. What is the sanction of a person who embezzles, or alienates any of the
money, goods, chattels, or effects of the deceased before the letters
testamentary or letters of administration is issued?
A.) such person shall pay the heirs of the deceased as soon as opportunity
permits him to do so.
B.) such person shall pay the executor or administrator of the estate the
value of the property he sold, embezzled or alienated for the benefit of such
estate.
C.) such person shall be liable to an action in favor of the executor or
administrator of the estate for double the amount of the value of the property
sold, embezzled or alienated, to be recovered for the benefit of such estate.
D.) such person shall be ordered to present the buyer of the property in court
and let the said buyer return the property to the heirs of the deceased.
ANSWER: C. Double the Value Rule under sec. 8, Rule 87.
4. The following are actions that may be commenced directly against the
executor or administrator, except:
A.) Claim for the recovery of money or debt or interest against the deceased
person.
B.) Recovery of real or personal property or an interest therein.
C.) Enforcement of a lien on real or personal property.
D.) Recovery of damages for an injury to person, property whether real or
personal.
ANSWER: A, because money claims should be filed against the decedents
estate.

5. A contingent claim is one that is subject to the happening of a future


uncertain event. As a rule, the following are the requisites for the estate to be
required to retain estate to meet the contingent claim, except:
A.) The contingent claim duly filed within the two-year period allowed for the
creditors to present claims.
B.) The court is satisfied that the claim is valid.
C.) The claim is not absolute.
D.) The claim is absolute.
ANSWER: C. Contingent claim must be proven to be absolute, otherwise the
court shall not grant the claim because of lack of merit due to insufficiency of
requirements.
6. What is required in order to allow the sale of personal property of the
deceased by the testator or administrator?
A.) consent of the heirs
B.) court order
C.) deed of sale executed by the testator of administrator with conformity of
the heirs.
D.) deed of sale executed by the legal heirs.
ANSWER: B. The executor or administrator is prohibited from selling personal
property of the decedent without court order even if the heirs and other
persons interested have consented thereto.
7. What do you call the proposal for the distribution of the hereditary
estimates and determines the persons entitled thereto? It is usually prepared
and presented to the court at the end part of the proceeding.
A.) Liquidation
B.) Notice of Partition
C.) Project of Partition
D.) Affidavit of Distribution and Partition
ANSWER: C. Project of Partition is the proposal for the distribution of the
hereditary estimates and determines the persons entitled thereto. Towards
the end of the proceeding in a petition for settlement of an estate, a project
of partition is usually prepared and presented to the court.
8. What is the basis of guardianship?
A.) Principle of Res Ipsa Loquitur
B.) Principle of Nationality
C.) Principle of Parens Patriae
D.) Domiciliary Theory
ANSWER: C. Where minors are involved, the State acts as parens patriae. It is
the duty of protecting the rights of persons or individuals who beacause of
age or incapacity are in an unfavorable position vis--vis other parties.

9. What is the venue of guardianship proceedings?


A.) Supreme Court

B.) Municipal Trial Court


C.) Department of Social Welfare and Development
D.) Regional Trial Court
ANSWER: D. Regional Trial Courts have jurisdiction over guardianship
proceedingsunder the rules of court. Where the ward is resident, the
proceedings shall be filed in the RTC in the province where such ward resides.
If the ward resides in a foreign country, the petition must be filed with the
RTC of the province where his property is situated.
10. The following are the grounds for removal of a trustee, except:
A.) The trustee is insane.
B.) The trustee is otherwise incapable of discharging the trust or is evidently
unsuitable to act as one.
C.) The trustee wasted or mismanaged the estate or failed for 30 days after it
is due to render an account or make a return.
D.) The removal appears essential in the interest of the petitioners.
ANSWER: C. these are some grounds for removal of a guardian not a trustee.

*** submitted by Brenda Filipinas Parras-Danganan


Karlo A. Concubierta
IV R. C. 2

Remedial Law Review II


Prof. Christian Villasis
MULTIPLE CHOICE QUESTIONS

SPECIAL PROCEEDINGS
(For Questions 1 and 2, please consider the facts below)
Ronnie and Leila were college sweethearts. After they graduated from
college, they lost communication with each other. They met again after a few
years and were married in November 9, 2000. After four (4) years of
marriage, Ronnie showed his true colors. He was a drunkard and had a violent
temper which forced Leila, for fear of her personal safety, to leave their
conjugal home and live with her parents. A year later, Leila found
employment as a website developer in Finland, where she worked for ten (10)
consecutive years. During the whole duration of time that she worked abroad,
Leila had absolutely no communications with Ronnie, nor did she hear any
news about him. While working in Finland, Leila met and later on fell in love
with Edgar.
On September 11, 2016, Leila filed a petition with the Regional Trial
Court (RTC) of Quezon City to declare Ronnie presumptively dead. Edgar had
earlier proposed to Leila and she was determined to marry him. The RTC of
Quezon City granted Leilas petition and declared Ronnie presumptively dead.
Upon taking heed of the decision, the Office of the Solicitor General (OSG)
filed a Notice of Appeal with the RTC, stating that it was appealing the

decision to the Court of Appeals (CA).


1. Is a petition for Declaration of Presumptive Death a Special Proceeding?
a.) No, a petition for declaration of presumptive death is not a
special proceeding since it is not mentioned in the enumeration of
special proceedings in Section 1, Rule 72.
b.) Yes, since it is impliedly included in the enumeration under
Section 1, Rule 72.
c.) No, a petition for declaration of presumptive death is not a
special proceeding since it is covered the New Civil Code of the
Philippines.
d.) All of the above.
Answer: A. [A petition for declaration of presumptive death is not a
special proceeding. The Supreme Court has held that such a
petition is not a special proceeding since it is not mentioned in the
enumeration of special proceedings in Section 1, Rule 72. (Republic
vs.
Madrona, G.R. 163604, May 6, 2005)]
2. If you were the RTC judge who granted Leilas Petition, will you give
course to the OSGs Notice of Appeal?

due

a.) Yes, since it is the mandate of the OSG to appeal all decided
cases against the State.
b.) Yes, the OSG being the representative of the government must
be given its day in court.
c.) No, the OSG having been given its opportunity to object during
the proceedings in the RTC is estopped from doing so.
d.) No, the judgment of the RTC in a petition for declaration of
presumptive death is immediately final and executory pursuant to
Article 247 of the Family Code. Hence, such a judgment may not be
appealed.
Answer: D. (Please see Article 247 of the Family Code and Republic vs.
Bermudez-Lorino, G.R. 160258, January 19, 2005)
3. It is the person named in a will who will administer the decedents estate
and carry out the provisions thereof.
a.) Administrator
b.) Executor
c.) Property Manager
d.) Testatrix

Answer: B.
4. Who is an Administrator?
a.) A person named in the will to administer the decedents
and carry out the provisions thereof.

estate

b.) A person who survives the death of the decedent and who is
entitled to inherit from him.
c.) It is the person appointed by the court to administer the estate
where the decedent died intestate, or where the will was void and
not allowed to probate, or where no executor was named in the will or
the executor named therein is incompetent, refuses the trust, or fails to
give a bond.
d.) The person to whom a legacy in a will is given.
Answer: C.
5. What do you mean by summary settlement of estates with small value?
a.) It is the procedure provided for in Rule 74 for the summary
settlement of estate (whether testate or intestate) whose gross value
does not exceed P 10, 000. The Municipal Trial Court has jurisdiction over a
petition for summary settlement.
b.) It is the procedure provided for in Rule 74 for the summary
settlement of estate (whether testate or intestate) whose gross value
does not exceed P 5, 000. The Municipal Trial Court has
jurisdiction over a
petition for summary settlement.
c.) It is the procedure provided for in Rule 74 for the summary
settlement of estate (whether testate or intestate) whose gross value
does not exceed P 20, 000. The Municipal Trial Court has jurisdiction over a
petition for summary settlement.
d.) It is the procedure provided for in Rule 74 for the summary
settlement of estate (whether testate or intestate) whose gross value
does not exceed P 15, 000. The Municipal Trial Court has jurisdiction over a
petition for summary settlement.
Answer: A.
6. The following persons may be granted Letters of Administration, EXCEPT:
a.) Surviving spouse
b.) Next of kin
c.) Principal creditor/s

d.) The State


Answer: D. (Please see Section 6, Rule 78)
7. He is one who stands to benefit from the distribution of the estate or one
who has a claim against the estate.
a.) Executor
b.) Administrator
c.) Interested person
d.) Creditor
Answer: C. (Rule 79, Rules of Court)
8. The following are the powers and duties of a special administrator, EXCEPT:
a.) Apply the proceeds of the estate to satisfy his claims.
b.) Take possession and charge of the estate.
c.) Preserve the estate for the executor or administrator afterwards
appointed by the court.
d.) He may commence and maintain suits.
Answer: A. (Section 2, Rule 80)
9. The powers of the Special Administrator shall cease:
a.) When he has sold all the properties of the estate of the
deceased.
b.) When he has collected all the debts due to the estate.
c.) When letters testamentary or of administration are granted on
the estate.
d.) When there has been publication regarding the fact of death of the
deceased.
Answer: C. (Please see Section 3, Rule 80. In addition, He shall forthwith
deliver to the executor or administrator the goods and the estate
of the deceased in his hands.)
10. The following form part of the special proceedings mentioned in the Rules
of Court, EXCEPT:
a.) Voluntary Dissolution of Corporations.
b.) Constitution of Family Home.
c.) Declaration of presumptive death.

d.) Adoption
Answer: C. (Please see Section 1, Rule 72)

Karlo A. Concubierta
IV R. C. 2

Remedial Law Review II


Prof. Christian Villasis
MULTIPLE CHOICE QUESTIONS

CRIMINAL PROCEDURE
1. The institution of the criminal action shall interrupt the period of
prescription of the offense charged.
a.) False
b.) True
c.) Incomplete statement
d.) None of the above
Answer: C. (Section 1, Rule 110. The institution of the criminal action shall
interrupt the period of prescription of the offense charged unless otherwise
provided in special laws)
2. No criminal action for defamation shall be brought except at the instance
of and upon a complaint filed by the _____
a.) Husband
b.) Offended spouse
c.) Wife
d.) Wife and husband if the case involves their child
Answer: B. (Section 5, Rule 110)
3. The prosecution of complaints for violation of special laws shall be
governed by ____________
a.) Rules on Criminal Procedure
b.) Primarily by Rules on Criminal Procedure and suppletorily by
special laws
c.) Special laws
d.) Special laws and Rules on Criminal Procedure
Answer: C. (Section 5, Rule 110)
4. A person under detention shall be released or transferred when he is
already admitted to bail, or by order of the court.
a.) False

b.) True
c.) Incomplete Statement
d.) None of the above
Answer: B. (Section 3, Rule 114)
5. A person even if he is not a member of the Philippine bar, has the right to
visit and confer privately with the person arrested in the jail or any other
place of custody at any hour of the day or, of the night, provided
_______________________.
a.) he is enrolled in law school and in his third year law.
b.) he was sent by the lawyer of the person arrested, duly
authorized through a special power written.
c.) he is a relative of the person arrested subject to reasonable
regulations.
d.) he/she has been specially summoned by the person arrested.
Answer: C. (Section 14, Rule 113)
6. A person charged with an offense punishable by reclusion perpetua can
apply for bail.
a.) Yes, if evidence of guilt is not strong.
b.) No, regardless of the stage of prosecution.
c.) Depending on the judge.
d.) Incomplete statement.
Answer: A. (Section 7, Rule 114)
7. If the accused is arrested in a place other than where the case is pending,
bail may also be filed with _____________.
a.) any Regional Trial Court of said place.
b.) any Metropolitan Trial Court.
c.) any Municipal Trial Judge.
d.) All of the above.
Answer: D. (Section 17, Rule 114)
8. Where the grant of bail is a matter of discretion, bail application may be
filed only in _____________.
a.) the court where the case is pending.
b.) the court where the case is on trial.
c.) the court where the case is on appeal.
d.) all of the above.
Answer: D. (Section 17 [b], Rule 114)

9. Since the right to a Preliminary Investigation is a personal right


____________.
a.) it can be waived in writing.
b.) it can be waived by non-appearance.
c.) it can be waived by failing to assert such right.
d.) all of the above.
Answer: D. (Section 1, Rule 112)
10. Absence of Preliminary Investigation invalidates the Information.
a.) False
b.) True
c.) The case will be dismissed.
d.) None of the above.
Answer: A. (Section 1, Rule 112)
Karlo A. Concubierta
IV R. C. 2

Remedial Law Review II


Prof. Christian Villasis
MULTIPLE CHOICE QUESTIONS

EVIDENCE
1. The following are the classifications of Evidence according to its nature or
form, EXCEPT:
a.) Documentary Evidence
b.) Object Evidence
c.) Circumstantial Evidence
d.) Testimonial Evidence
Answer: C. (It is a classification of evidence according to its relation to the
fact in issue)
2. Under R.A. No. 4200, the law prohibits the overhearing, intercepting, or
recording of private communications. However, where the exchange is not
private its tape recording is not prohibited.
a.) The statement is false.
b.) The statement is true.
c.)The statement is incorrect as R.A. No. 4200 is a different law.
d.)The statement is entirely wrong as R.A. No. 4200 does not
exist.
Answer: B. (Republic Act No. 4200 or The Anti-Wire Tapping Act does
prohibit the recording of exchanges which is not private.)
3. The Best Evidence Rule applies to the following kinds of evidence:

not

a.) Documentary Evidence


b.) Object Evidence
c.) Testimonial Evidence
d.) All of the above
Answer: A. (Section 3, Rule 130. It is often described as a misnomer
because as worded it appears to apply to all kinds of evidence when
it actually applies only to documentary evidence.)
4. Secondary evidence CONSISTS of:
a.) A copy of the original.
b.) A recital of its contents in an authentic document.
c.) The testimony of witnesses.
d.) All of the above:
Answer: D. (Please see Section 5, Rule 130)
5. Ephemeral Electronic Communication includes streaming audio.
a. The statement is false.
b. The statement is not proven yet and there are no decisions on
the matter.
c. The statement is true.
d. The statement is non-sequitur.
Answer: C. (Ephemeral electronic communication refers to phone talks, text
messages, chatroom sessions, streaming audios and video, and other
electronic forms of communication the evidence of which is not recorded or
retained.)
6. Acts not covered by the right against self-incrimination
a. Physical examination.
b. Fingerprinting.
c. Paraffin testing.
d. All of the above.
e. A and B.
Answer: D. (The principle against self-incrimination applies only to
testimonial compulsion. Hence, it is not applicable to the case
where
a person is directed to produce blood and other bodily
samples,
or
to
submit to a physical examination.)
7. The following may be considered as Business Entries, EXCEPT:
a.) Entries in books of account
b.) Entries in a log-book of a security guard
c.) Medical Certificates
d.) Entries in a bill of lading

Answer: C. (Section 43, Rule 130. Medical certificates which are issued upon
the request of a patient and which certify that the patient is
suffering
from an ailment or injury are hearsay unless the doctor
who issued
the
certificate is also presented in court.)
8. As mandated by the Judicial Affidavit Rule, the parties shall file with the
court and serve on the adverse party, personally or by licensed courier
service, not later than __ days before pre-trial or preliminary conference or
the scheduled hearing the judicial affidavits of their witnesses and the
parties documentary or object evidence.
a.) 5
b.) 15
c.) 3
d.) 10
Answer: A. (See Judicial Affidavit Rule, A.M. No. 12-8-8-SC)
9. In environmental cases, within what time should the defendant answer the
complaint?
a.) within five (5) days from receipt of Summons
b.) within ten (10) days from receipt of Summons
c.) within fifteen (15) days from receipt of Summons
d.) within thirty (30) days from receipt of Summons
Answer: C. (Please see Section 14 of A.M. No. 09-6-8-SC)
10. Under the 2016 Revised Rules of Procedure for Small Claims Cases as
Amended, the Plaintiff may join in a single statement of claim one or more
separate small claims against a defendant provided that the total amount
claimed, exclusive of interest and costs, does not exceed _____
a.) P 100, 000.00
b.) P 200, 000.00
c.) P 300, 000.00
d.) P 150, 000.00
Answer: B. (Section 8, A.M. No. 08-8-7-SC as amended December 8,

2015)

Special Proceedings
1. May a trustee be exempt from posting a bond?
a. No, because Section 5, Rule 98 used must and shall indicating
that the requirement is a mandatory one.
b. Yes, if the testator requested such exemption.
c.
No, unless all persons interested in the trust, request such
exemption.
d. Yes, if heirs of the testator order such exemption.

BASIS: The court may exempt a trustee appointed in the will from posting a
bond if the testator has directed or requested such exemption. The court may
exempt any trustee (whether appointed in the will or not) when all persons
beneficially interested in the trust, being of legal age, request such
exemption. (Section 5, Rule 98, Rules of Court)
2. May a guardian pay the debts of the ward?
a. Yes, every guardian must pay the ward's just debts out of the ward's
real estate.
b. Yes, every guardian must pay the ward's just debts out of the
income of his personal estate.
c. Yes, every guardian must pay the ward's just debts out of the ward's
property.
d. Yes, every guardian must pay the ward's just debts out of
his personal estate and the income of his real estate.
BASIS: Every guardian must pay the ward's just debts out of his personal
estate and the income of his real estate, if sufficient; if not, then out of his
real estate upon obtaining an order for the sale or encumbrance thereof.
(Section 2, Rule 96, Rules of Court)
3. May the guardianship court under Section 2, Rule 96 of the Rules of
Court and Section 18 (c) of the Rule on Guardianship of Minors resolve the
issue of title to the property allegedly embezzled, concealed, or conveyed?
a. No, because such issue must be threshed out in a separate special
civil action.
b. Yes, because issues of title are incidental to a guardianship
proceeding, hence, it must be decided by the guardianship court.
c. Yes, if the ward's title to the property is clear and
undisputable.
d. No, unless the ward, through his guardian, submits such issue to the
guardianship court
BASIS: While the guardianship court may issue an order directing a person
suspected of having embezzled, concealed or disposed of a ward's property
to appear for examination regarding such property, it may not resolve the
issue of title to the property because such an issue should be threshed out in
a separate ordinary action and not in a guardianship proceedings. EXCEPTION
would be in a case where the ward's title to the property is clear and
indisputable in which case the guardianship court may issue an order
directing the delivery or return to the guardian. (Paciente v. Dacuycoy, 114
SCRA 924)
4. Is a case study report required in guardianship?
a. Yes, it is required in proceedings for guardianship of incompetents.
b. Yes, a case study report is mandatory in all guardianship
proceedings, be it of incompetents or minors.
c. Yes, it is required in case of guardianship over a minor.
d. Yes, if ordered by the guardianship court.

BASIS: No case study report is required in proceedings for guardianship of


incompetents. In the case of guardianship over a minor, a case study report is
required. The court shall order a social worker to conduct a case study report
of the minor and all the prospective guardians and submit his report and
recommendation to the court before the scheduled hearing. (Section 9,
Rule on Guardianship of Minors)
5. Which of the following is not a money claim against the estate?
a. Money claims of the bank against the estate of the deceased which
is based on solutio indebiti
b. Contractual money claim that is contingent
c. Claims for unpaid taxes by the government
d. Claims for money based on quasi-contracts
BASIS: Claims for unpaid taxes by the government are not included in the
money claims. In fact, they must be paid first before the estate is distributed
and where the estate is distributed without the taxes being paid, the taxes
may be enforced against the distributees in proportion to their shares in the
inheritance. (Government v. Pamintuan, 55 Phil 13)
6. Is a certification against forum shopping required in money claims
against the estate?
a. Yes, because the rules provided for in ordinary actions shall be, as
far as practicable, applicable in special proceedings.
b. No, because a money claim is not an initiatory pleading.
c. Yes, because a money claim initates a new litigation.
d. No, if it is only a mere contingent claim.
BASIS: A certitification against forum shopping is required only for
complaints and other initiatory pleadings. A money claim against the estate is
not an initiatory pleading since the probate proceeding was already initiated
upon the filing of the petition for allowance of the decedent's will. A money
claim does not initiate new litigation but merely brings a material but
incidental matter arising in the progress of a case. Hence, a money claim is
only incidental to the probate proceeding, more if it is contingent since the
claimant cannot even institute a separate action for a mere contingent claim.
(Sheker v. Estate of Sheker, 2007)
7. Which of the following is not an instance when the heirs may sue for
the recovery of
estate property during the pendency of probate
proceedings?
a. If the administrator is unwilling to bring the suit.
b. If the executor is alleged to have participated in the act complained
of and he is made a party-defendant.
c. When letters testamentary have not yet been issued
d. If a creditor disposes of a property under his possession.
BASIS: Heirs may sue for the recovery of estate property during the
pendency of probate proceedings in the following instances: (a) If the

executor/administrator is unwilling or refuses to bring the suit; (b) if the


executor/administrator is alleged to have participated in the act complained
of and he is made a party-defendant; or (c) when letters testamentary or of
administration have not yet been issued. (Into v. Valle, 2005)
8. When and how do you appeal from an order of distribution?
a. An order of distribution is appealable within 15 days from notice by
filing a notice of appeal with the appellate court.
b. An order of distribution is appealable within 15 days from notice by
filing a notice of appeal with the probate court.
c. An order of distribution is appealable within 30 days from
notice by filing a notice of appeal and a record of appeal with the
probate court.
d. An order of distribution is appealable within 30 days from notice by
filing a notice of appeal and a record of appeal with the trial court.
BASIS: An order of distribution is appealable within 30 days from notice by
filing a notice of appeal and a record of appeal with the probate court. This is
because the order of distribution involves multiple or separate appeals. The
probate court still needs to hold on to the original records since motions to
file leave for tardy claims may still be filed at any time before the entry of the
order of distribution. (Section 2, Rule 86 of the Rules of Court)
9. Who may not petition for the appointment of a guardian over the
minor or his property?
a. Any person interested in the minor's property, if the latter resides
outside of the Philippines
b. The boyfriend of the minor, on her behalf
c. The minor himself, if he is at least thirteen years old
d. A facebook friend of the minor if the latter resides outside of the
Philippines but has property here in the Philippines
BASIS: The following may petition for the appointment of a guardian over
the minor: (a) any relative or other person on behalf of the minor; (b) the
minor himself, if 14 years of age or above; (c) Secretary of Social Welfare and
Development and Secretary of Health in the case of an insane minor who
needs to be hospitalized. (Section 2, Rule on Guardianship of Minor)
When the minor resides outside of the Philippines but has property in
the Philippines, any relative or friend of such minor, or any one interested in
his property, in expectancy or otherwise, may petition for the appointment of
a guardian over the property. (Section 12, Rule on Guardianship of
Minor)
10. Which of the following is not required in a verified petition for
appointment of guardian of the incompetent?
a. Ages of the incompetent's relatives
b. Location of the incompetent's real property
c. Residences of persons having the incompetent in their care
d. Character of the incompetent's estate

BASIS: The verified petition should contain the following: (a) jurisdictional
facts; (b) the incompetency; (c) names, ages, and residences of the
incompetent's relatives and the persons having him in their care; (d) probable
value and character of the incompetent's estate; and (e) the person for whom
letters of guardianship are prayed for. (Section 2, Rule 93, Rules of Court)
Criminal Procedure
1. A judgment of conviction is not considered final when:
a. there is waiver of accused's right to appeal.
b. accused has applied for probation.
c. accused has partially served his sentence.
d. fifteen (15) days have lapsed from promulgation of judgment and an
appeal was taken.
BASIS: Except where the death penalty is imposed, a judgment becomes
final after the lapse of the period for perfecting an appeal, or when the
sentence has been partially or totally satisfied or served, or when the
accused has waived in writing his right to appeal, or has applied for
probation. (Section 7, Rule 120, Rules of Court)
2. All except one are grounds for the suspension of arraignment.
a. A petition for review of the resolution of the prosecutor is pending at
the Office of the President.
b. There exists a prejudicial question.
c. Accused appears to be suffering from a physical condition
which effectively renders him unable to fully understand the charge
against him and to plead intelligently thereto.
d. A petition for review of the resolution of the fiscal is pending at the
Department of Justice.
BASIS: The accused should be suffering from an UNSOUND MENTAL
CONDITION which effectively renders him unable to fully understand the
charge against him and to plead intelligently thereto. (Section 11, Rule
116, Rules of Court)
3. The provisional dismissal of offenses punishable by imprisonment
not exceeding six (6) years and fine, shall become permanent:
a. Two (2) years after issuance of the order without the case having
been revived.
b. One (1) year from the time the order of provisional dismissal is made
in open court.
c. One (1) year after service of the order of dismissal on the
public prosecutor who has control of the prosecution without the
criminal case having been revived.
d. Two (2) years from the time private counsel was actually notified of
the order of provisional dismissal, if offended party is represented by a
private counsel.

BASIS: Although the second paragraph of the new rule states that the order
of dismissal shall become permanent one year after the issuance thereof
without the case having been revived, the provision should be construed to
mean that the order of dismissal shall become permanent one year after
service of the order of dismissal on the public prosecutor who has control of
the prosecution without the criminal case having been revived. The public
prosecutor cannot be expected to comply with the timeline unless he is
served with a copy of the order of dismissal.
If the offended party is represented by a private counsel the better rule
is that the reckoning period should commence to run from the time such
private counsel was actually notified of the order of provisional dismissal.
When a party is represented by a counsel, notices of all kinds emanating from
the court should be sent to the latter at his/her given address. (Co v. New
Prosperity Plastic Products, Inc., 2014; People v. Lacson, 2003;
Section 8, Rule 117 of the Rules of Court)

4. With respect to offenses punishable by imprisonment of more than


six (6) years, their provisional dismissal shall become permanent:
a. One (1) year from the time offended party was actually notified of
the order of provisional dismissal, if represented by a private counsel.
b. Two (2) years from the time the order of provisional dismissal is
made in open court.
c. One (1) year after service of the order of dismissal on the public
prosecutor who has control of the prosecution without the criminal case
having been revived.
d. Two (2) years from the time private counsel was actually
notified of the order of provisional dismissal, if offended party is
represented by a private counsel.
BASIS: Although the second paragraph of the new rule states that the order
of dismissal shall become permanent two years after the issuance thereof
without the case having been revived, the provision should be construed to
mean that the order of dismissal shall become permanent two years after
service of the order of dismissal on the public prosecutor who has control of
the prosecution without the criminal case having been revived. The public
prosecutor cannot be expected to comply with the timeline unless he is
served with a copy of the order of dismissal.
If the offended party is represented by a private counsel the better rule
is that the reckoning period should commence to run from the time such
private counsel was actually notified of the order of provisional dismissal.
When a party is represented by a counsel, notices of all kinds emanating from
the court should be sent to the latter at his/her given address. (Co v. New
Prosperity Plastic Products, Inc., 2014; People v. Lacson, 2003;
Section 8, Rule 117 of the Rules of Court)

5. Chubby Cheeks was charged with robbery with homicide. The


Regional Trial Court (RTC) convicted him of murder on its finding that Chubby
Cheeks could not have committed robbery. Chubby Cheeks appealed to the
Court of Appeals which modified the judgment by convicting him of robbery
with homicide. Is the judgment of the Court of Appeals (CA) correct?
a. No, because there was a violation of Chubby Cheek's right against
double jeopardy.
b. No, because the appeal to CA was limited to his conviction for
murder and excluded his acquittal for robbery.
c. Yes, because appellant is deemed to have abandoned his
right to invoke the prohibition on double jeopardy since it became
the duty of CA to correct errors as may be found in the appealed
judgment.
d. No, because error of judgment on the part of the RTC can no longer
be questioned on appeal.
BASIS: An appeal in a criminal case opens the entire case for review on any
question including one not raised by the parties. When an accused appeals
from the sentence of the trial court, he waives the constitutional safeguard
against double jeopardy and throws out the whole case open to the review of
the appellate court, which is then called upon to render such judgment as law
and justice dictate, whether favorable or unfavorable to the appellant. Thus,
appellant could not have been placed twice in jeopardy when the CA modified
the ruling of the RTC by finding him guilty of robbery with homicide as
charged in the Information instead of murder. (People v. Torres, 24
September 2014)
6. A petition for review of the resolution of prosecutor that is pending
either at the Department of Justice or the Office of the President is a ground
for the suspension of arraignment. What is the period of suspension?
a. Not exceeding 30 days from the filing of the petition with the
reviewing office.
b. Not exceeding 60 days from the filing of the petition with
the reviewing office.
c. Not exceeding 60 days from actual receipt of the reviewing officer.
d. Not exceeding 30 days from actual receipt of the reviewing officer.
BASIS: Upon motion by the proper party, the arraignment shall be
suspended in the following cases:
xxx
c) a petition for review of the resolution of the prosecutor is pending at either
the Department of Justice or the Office of the President; provided, that the
period of suspension shall not exceed 60 days counted from the filing of the
petition with the reviewing office. (Section 11, Rule 116, Rules of Court)
7. Which of the following is not true with respect to promulgation of
judgment?
a. Judgment may be promulgated by a judge who did not write the
decision provided that he is a judge of the court in which judgment was

rendered.
b. When the judge is outside of the province, the judgment may be
promulgated by the Clerk of Court.
c. If the accused is detained in another province, the judgment
may be promulgated by any judge of the Regional Trial Court (RTC)
having jurisdiction over the place of detention upon request of the
judge that rendered the judgment.
d. If the conviction is for slight physical injury, judgment may be
pronounced in the presence of the accused's counsel.
BASIS: If the accused is confined or detained in another province or city, the
judgment may be promulgated by the executive judge of the Regional Trial
Court having jurisdiction over the place of confinement or detention upon
request of the court which rendered the judgment. (Section 6, Rule 120,
Rules of Court)
8. Plea of not guilty shall be entered for the accused in the following
instances except one:
a. Accused pleads guilty and testified that he acted in self-defense.
b. Accused makes a conditional plea.
c. Accused refuses to plead but presents exculpatory evidence.
d. Accused refuses to plead.
BASIS: When the accused refuses to plead or makes a conditional plea, a
plea of not guilty shall be entered for him. When the accused pleads guilty
but presents exculpatory evidence, his plea shall be deemed withdrawn and a
plea of not guilty shall be entered for him. [Section 1(c)(d) Rule 116,
Rules of Court]
9. The court may permit an improvident plea of guilty to be withdrawn
and be substituted by a plea of not guilty:
a. before judgment of conviction becomes final
b. thirty (30) days after arraignment
c. before promulgation of judgment
d. after arraignment but before trial.
BASIS: At any time before judgment of conviction becomes final, the court
may permit an improvident plea of guilty to be withdrawn and be substituted
by a plea of not guilty. (Section 5, Rule 116, Rules of Court)
10. Which statement is incorrect?
I. The trial shall commence within fifteen (15) days from receipt of the
pre-trial order.
II. After a plea of not guilty is entered, the accused shall have at least
thirty (30) days to prepare for trial.
III. If the accused is to be tried again pursuant to an order for a new
trial, the trial shall commence within fifteen (15) days from notice of the
order, provided that if the period becomes impractical due to inavailability of
witnesses and other factors, the court may extend it but not to exceed sixty
(60) days from notice of said order for a new trial.

a. Statement I
b. Statement II
c. Statement III
d. All statements are incorrect.
e. None of the statements is incorrect.
BASIS: After a plea of not guilty is entered, the accused shall have at least
fifteen (15) days to prepare for trial. The trial shall commence within thirty
(30) days from receipt of the pre-trial order. (Section 1, Rule 119, Rules of
Court)
If the accused is to be tried again pursuant to an order for a new trial,
the trial shall commence within thirty (30) days from notice of the order,
provided that if the period becomes impractical due to inavailability of
witnesses and other factors, the court may extend it but not to exceed one
hundred eighty (180) days from notice of said order for a new trial. ( Section
5, Rule 119, Rules of Court)
Evidence & Additional Rules
1. In a petition for a writ of continuing mandamus,
a. no docket and other lawful fees shall be required from an indigent
petitioner.
b. the petitioner shall be exempt from payment of docket fees.
c. petitioner is not exempt from payment of docket and other lawful
fees.
d. petitioner is exempt from payment of transcript of stenographic
notes.
BASIS: The petitioner shall be exempt from the payment of docket fees.
(Section 4, Rule 8, Part III of RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES)
2. Which among the following is not a relief that may be granted under
the writ of kalikasan:
a. Directing the respondent entity to make periodic reports on the
execution of the final judgment.
b. Directing the respondent private person to rehabilitate the
environment.
c. Directing the respondent government agency to award
damages to individual petitioners.
d. Directing the respondent private person to monitor strict compliance
with the decisions and orders of the court.
BASIS: Section 15, Rule 7, Part III of RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
The reliefs that may be granted under the writ are the following:
xxx
(e) Such other reliefs which relate to the right of the people to a balanced and
healthful ecology or to the protection, preservation, rehabilitation or
restoration of the environment, except the award of damages to individual

petitioners.
3. Which of the following is a disputable presumption?
a. That a printed or published book, purporting to be printed or
published by a private authority, was so printed or published.
b. That a writing is truly dated and signed.
c. That an indorsement of a negotiable instrument was made before
the instrument was overdue at the place where the instrument is signed.
d. That private transactions have been fair and regular.
BASIS: Section 3 (p), Rule 131 of the Rules of Court.
The following presumptions are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence:
xxx
(p) That private transactions have been fair and regular
4. Under the Rule on Examination of Child Witness, a guardian ad
litem:
a. shall have access to all reports, evaluations and records necessary
to effectively advocate for the child, including privileged communications.
b. can testify in any proceeding concerning any information,
statement or opinion received from the child in the course of serving
as a guardian ad litem if the court finds it necessary to promote the
best interests of the child.
c. shall be notified of all proceedings and can participate in the trial.
d. shall assist the child and his family in coping with the emotional
effects of the crime and subsequent criminal or non-criminal proceedings,
whether or not the child is involved.
BASIS: The guardian ad litem shall not testify in any proceeding concerning
any information, statement, or opinion received from the child in the course
of serving as a guardian ad litem, UNLESS the court finds it necessary to
promote the best interests of the child. [Section 5 (e), Rule on
Examination of a Child Witness]
5. Under the Rule on Examination of a Child Witness, only the
following are allowed to attend a competency examination, except one:
a. Facilitator
b. Support persons for the child
c. Necessary court personnel with the judge
d. Guardian ad litem
BASIS: Only the following are allowed to attend a competency examination:
(1) the judge and necessary court personnel, (2) the counsel for the parties,
(3) guardian ad litem, (4) one or more support persons for the child, and (5)
the defendant, UNLESS the court determines that competence can be fully
evaluated in his absence. [Section 6 (e), Rule on Examination of a Child
Witness]

6. When a child testifies, the court may order the exclusion of all
persons who do not have direct interest in the case. Which of the following
statements is false?
a. The court shall, upon motion, exclude the public from the
courtroom if the evidence to be produced during the trial is offensive
to decency.
b. The court may, on motion of the accused, exclude the public from
trial, except court personnel and the counsel of the parties.
c. The court may order the exclusion of members of the press to
protect the right to privacy of the child.
d. If the court determines on the record that requiring the child to
testify on open court would result in the latter's inability to effectively
communicate due to timidity, exclusion of the public may be ordered.
BASIS: The court may, motu propio, exclude the public from the courtroom if
the evidence to be produced during the trial is of such character as to be
offensive to decency or public morals. [Section 23, Rule on Examination
of a Child Witness]
7. The following are the disputable presumptions in relation to
electronic signature, except one:
a. The electronic signature was created during the operational
period of certificate and that the information contained in the
certificate is correct.
b. The electronic signature was affixed by that person with the
intention of authenticating or approving the electronic document to which it is
related or to indicate such person's consent to the transaction embodied
therein.
c. The methods or processes utilized to affix or verify the electronic
signature operated without error and fault.
d. The electronic signature is that of the person to whom it correlates.
BASIS: Upon the authentication of an electronic signature, it shall be
presumed that: (a) the electronic signature is that of the person to whom it
correlates; (b) the electronic signature was affixed by that person with the
intention of authenticating or approving the electronic document to which it is
related or to indicate such person's consent to the transaction embodied
therein; AND (c) the methods or processes utilized to affix or verify the
electronic signature operated without error and fault. (Section 3, Rule 6,
Rules on Electronic Evidence)
8. The following are the disputable presumptions relating to digital
signature, except one:
a. The information contained in a certificate is correct.
b. The digital signature was created during the operational period of a
certificate.
c. The message associated with a digital signature has not
been altered from the time it was made.
d. A certificate had been issued by the certification authority indicated
therein.

BASIS: Upon the authentication of a digital signature, it shall be presumed,


in addition to those mentioned in the immediately preceding section, that: (a)
the information contained in a certificate is correct; (b) the digital signature
was created during the operational period of a certificate; (c) the message
associated with a digital signature has not been altered from the time it was
signed; and (d) a certificate had been issued by the certification authority
indicated therein. (Section 4, Rule 6, Rules on Electronic Evidence)
9. When shall the court render judgment denying or granting the
privilege of writ of kalikasan?
a. Within sixty (60) days from the time the petition is
submitted for decision.
b. Within sixty (60) days from the time a verified return is filed.
c. Within sixty (60) days from the time affidavits of witnesses and
other documentary and object evidence are presented in support of the
defense of the respondent.
d. Within sixty (60) days from receipt of the last pleading
BASIS: Within sixty (60) days from the time the petition is submitted for
decision, the court shall render judgment granting or denying the privilege of
the writ of kalikasan. (Section 15, Rule 7, Part III of RULES OF
PROCEDURE FOR ENVIRONMENTAL CASES)
10. Petitioner presented Chubster as its witness. Matt was in the
courtroom and he listened to Chubster's testimony. When Petitioner was
about to present Matt as its next witness, Respondent's counsel objected.
May the trial court disallow the presentation of Matt as witness?
a. Yes, because of the rule of exclusion and separation of witnesses
under Section 15, Rule 132.
b. Yes, because Matt heard the testimony of Chubster.
c. No, because the issue of the exclusion of the witness was
not raised in a timely manner.
d. Yes, because objection was timely raised by the respondent's
counsel.
BASIS: On any trial or hearing, the judge may exclude from the court any
witness NOT at the time under examination, so that he may not hear the
testimony of other witnesses.
In Design Sources International v. Eristingcol (2014), the
Supreme Court held that without any prior order or at least a motion for
exclusion from any of the parties, a court cannot simply allow or disallow the
presentation of a witness solely on the ground that the latter heard the
testimony of another witness. It is the responsibility of the respondent's
counsel to protect the interest of his client during the presentation of other
witnesses. If respondent actually believed that Chubster's testimony would
greatly affect that of Matt, then respondent's counsel was clearly remiss in
his duty to protect the interest of his client when he did not raise the issue of
exclusion of the witness in a timely manner.

MULTIPLE CHOICE QUESTIONS

SPECIAL PROCEEDINGS
1.Which action may not be commenced against an executor or
administrator of an estate?
A. Action to recover real property;
B. Action to recover personal property;
C. Action to recover damages for an injury to person or property;
D. Action to recover money or debt or interest thereon.
2. Mr. DD, a resident of San Jose, Nueva Ecija, died intestate leaving no
heir or any person entitled to the estate. After the escheat
proceedings, the court shall adjudge, that after the payment of all
just debts, charges and taxes,
A. the personal estate of the deceased shall be assigned to the poorest
municipality of the province where the deceased last resided.
B. the real estate of the deceased shall be assigned to the National
Government.
C. the real estate of the deceased shall be assigned to the municipality
where the same is situated (Sec. 3, Rule 91 of the Rules of Court).
D. None of the above.
3. The following claims should be filed under the statute of non-claims,
except:
A. Money claims arising from a crime of quasi-delict committed by the
decedent (Sec. 1, Rule 87 of the Rules of Court);
B. Claims for funeral expenses;
C. Claims for the last illness of the decedent;
D. Judgment for money against decedent.
4. Which actions may be commenced directly against the executor or
administrator?
A. Recovery of real or personal property or any interest therein from
the estate;
B. Enforcement of a lien thereon;
C. Action to recover damages for any injury to person or property, real
or personal;

D. All of the above (Sec. 1, Rule 87 of the Rules of Court).


5. Is execution a proper remedy to satisfy an approved claim?
A. No, because payment approving a claim does not create a lien upon
a property of the estate.
B. No, because special procedure is for the executor or administrator
to order the sale to satisfy the claim.
C. Yes because it is the remedy provided by the rules.
D. Yes, because it serves justice to the heirs of the decedent.
6. The following are the instances when court may authorize sale,
mortgage, or other encumbrance of realty to pay debts and legacies
through personalty not exhausted; except:
A. If the deceased sold his real property to defraud creditors;
B. If personal estate is not sufficient to pay debts, expenses of
administration and legacies;
C. If the sale of personal estate may injure the business or other
interests of those interested in the estate;
D. If the testator has not made sufficient provision for the payment of
such debts, expenses, and legacies (Sec. 2, Rule 89 of the Rules of
Court).
7. Which of the following instances is not the proper subject of
escheat?
A. ill-gotten wealth;
B. Reversion proceedings;
C. Unclaimed Balances;
D. When a person dies intestate leaving no heir but leaving property in
the Philippines (Sec. 1, Rule 91 of the Rules of Court).
8. Incompetent includes the following, except:
A. Those suffering from penalty of civil interdictions;
B. Hospitalized lepers;
C. Prodigals;
D. Deaf or dumb who are unable to read and write.
9. Which of the following is not included in the general powers and
duties of guardians?
A. To make donations of the properties entrusted to him (Araneta v.
Perez, G.R. NO. L-18872, July 15, 1966).
B. Pay the debts of the ward;
C. Manage the estate of the ward frugally, and apply the proceeds for
the maintenance of the ward;
D. Settle accounts, collect debts and appear in actions for ward.
10. The following are authorize to file Petition for Guardianship, except:
A. Any relative;
B. Other person on behalf of a minor;

C. The Secretary of the Social Welfare and Development;


D. The Punong Barangay in the absence of any relative.
CRIMINAL PROCEDURE
11. Which of the following does not reflect a correct rule?
A. An order sustaining a motion to quash is, as a rule, a bar to another
prosecution for the same offense because of the principle of double
jeopardy.
B. A motion to quash based on a denial of the right to preliminary
investigation should be denied.
C. The court shall not grant a provisional dismissal where such
dismissal is without the express consent of the accused.
D. A modified or reverse trial will not be granted if the accused does
not admit the charge even if he interposes a lawful defense.
12. Which of the following is a ground for a motion for reconsideration
of a judgment of a trial court in a criminal case?
A. Excessive damages;
B. Insufficiency of evidence;
C. Error of law in the judgment which requires no further proceedings
(Sec. 3, Rule 121 of the Rules of Court);
D. Error of fact in the judgment requiring further proceedings.
13. A plea of not guilty should be entered, except:
A. When the accused so pleaded;
B. When he refuses to plead;
C. Where in admitting the act charged, he sets up matters of defense
or with lawful justification;
D. When he enters unconditional plea of guilty (People v. Sabilul, G.R.
No. 3765, June 21, 1951).
14. Carlos, the accused in a theft case, filed a demurrer to evidence
without leave of court. The court denied the demurrer to evidence
and Carlos moved to present his evidence. The court denied Carlos
motion to present evidence and instead rendered judgment on the
basis of the evidence for the prosecution. Was the court correct in
preventing Carlos from presenting his evidence and rendering
judgment on the basis of the evidence for the prosecution?
A. Yes,because the demurrer to evidence was filed without leave of
court Sec. 23, Rule 119 of the Rules of Court).
B. No, demurrer to the evidence in criminal case may be filed with or
without leave of court.
C. Yes, because Carlos waived his right to present evidence when he
filed a demurrer to evidence.
D. No, demurrer to the evidence in criminal case does not require leave
of court.
15. BC is charged with illegal possession of firearms under an
information signed by a Provincial Prosecutor. After arraignment but
before pre-trial, BC found out that the Provincial Prosecutor had no

authority to sign and file the information as it was the City


Prosecutor who has such authority. During the pre-trial, BC moves
that the case against him be dismissed on the ground that the
information is defective because the officer signing it lacked the
authority to do so. The Provincial Prosecutor opposes the motion on
the ground of estoppel as BC did not move to quash the information
before arraignment. Is the Provincial Prosecutor correct?
A. No, the ground is not waived and it can be raised even during
appeal.
B. No, the ground is not waived even if not raised in a motion to quash
because the Provincial Prosecutor had no authority to file the
information and the court did not acquire jurisdiction over the
person of the accused and over the subject matter of the offense
charged (Sec. 8 Rule 117 of the Rules of Court).
C. Yes, the ground is waived if not raised in a motion to quash.
D. Yes, the Provincial Prosecutor has the authority to sign the
information in the absence of the City Prosecutor.
16. Which of the following duties of the court denies the accused of his
right to due process when he appears before the court without
counsel?
A. It must inform the defendant that it is his right to have an attorney
being arraigned.
B. After giving him such information, the court must ask him if he
desires the aid of an attorney.
C. If he desires and is unable to employ one, the court may assign an
attorney de officio to defend him.
D. If the accused desires to procure an attorney of his own, the court
must grant him reasonable time therefore.
17. The following are some of the grounds of motion to quash, except;
A. That the facts charged do not constitute an offense;
B. That the court trying the case has no jurisdiction over the person of
the accused;
C. That the officer who filed the information had no authority to do so;
D. Lack of preliminary investigation (People v. Yutila, G.R. No. L-32791,
January 27, 1981).
18.The ground for a motion to quash which is waived if not seasonably
raised before the accused pleads.
A. The court trying the case has no jurisdiction over the person of the
accused;
B. When the information does not charge an offense;
C. Lack of jurisdiction of the offense;
D. Extinction of the offense or penalty.
19. Which of the following is not correct.
A. Any person charged under any provision of the Comprehensive
Dangerous Drugs Act regardless of the imposable penalty shall not
be allowed to avail of the provision on plea-bargaining.

B. All agreements or admissions made or entered into during the pretrial conference shall be reduced to writing and signed by the
accused and counsel,otherwise, the same shall not be used in
evidence against the accused.
C. The accused is not the one compelled to appear, but only the
counsel for the accused or the prosecutor during pre-trial
conference.
D. To prevent manifest injustice, the pre-trial order may be modified by
the court only, upon its own initiative.
20. The following are the conditions to be met before an accused can
be discharged as a state witness, except:
A. Absolute necessity for the testimony of the accused whose
discharge is requested;
B. No other direct evidence available for the prosecution;
C. Testimony can be substantially corroborated in its material points;
D. Accused does not appear to be the least guilty.
EVIDENCE AND OTHER SPECIAL LAWS
21. Mr. AA was accused of raping a 17-yearold girl. Which of the
following is admissible?
A. Evidence offered by the accused to prove that the offended party
engaged in other sexual behavior.
B. Evidence offered by the accused that the offended party is a
prostitute.
C. Evidence offered by the accused to prove the sexual predisposition
of the alleged victim.
D. Evidence of specific instances of sexual behavior of the offended
party to prove that a person other than the accused was the source
of semen found in the victims body (Sec. 30[b] of the Examination
of Child Witness Rule).
22. Merlin, an 8-year old boy gave a statement to the police describing
acts of the accused constituting child abuse as told to him by the
offended party, a 9-year old girl.
A. The statement cannot be admitted in evidence on hearsay grounds
if Merlin is not available for cross-examination.
B. The statement may be admitted in evidence even if not
corroborated because the statement was made by a child.
C. The statement is not admissible in a civil case.
D. The statement of Merlin is admissible even if he is unavailable
provided his statement is corroborated by other admissible
evidence(Sec. 28 of the Examination of Child Witness Rule).
23. When the issue in a case is the admissibility or evidentiary weight
of an electronic document, such matters may be established
A. only by authentic records.
B. only by an affidavit stating facts of direct personal knowledge.
C. by either authentic records or by an affidavit stating facts of direct
personal knowledge.

D. by both authentic records or by an affidavit stating facts of direct


personal knowledge
24. If video or audio evidence is presented or displayed in court, to be
admissible, the same
A. shall be identified, explained or authenticated by the person who
was a party to the same.
B. shall be identified, explained or authenticated by the person who
made the recording.
C. shall be identified, explained or authenticated by the person
competent to testify on the accuracy thereof.
D. shall be identified, explained or authenticated by either B or C.
25. Which rule does not apply to the Rules of Procedure in
Environmental Cases?
A. Should the defendant fail to answer the complaint within the period
required, the court shall declare the defendant in default upon
motion of the plaintiff.
B. In a citizen suit, the court shall issue an order, which among others,
shall require all interested parties to manifest their interest to
intervene in the case.
C. A petition for a writ of kalikasan requires an environmental damage
that prejudices the life, health and property of inhabitants in two or
more cities or provincies. It shall be filed in the Supreme Court or
with any of the stations of the Court of Appeals.
D. A petition for a continuing writ of mandamus shall be filed in the RTC
exercising jurisdiction over the territory where the actionable act or
omission occurred. It may also be filed with the Court of Appeals or
the Supreme Court.
26. Mr. WW was called to the stand to impeach the credibility of Mr. AA,
witness of the adverse party. Mr. WW testified that he had known
Mr. AA since childhood and that they had been next door neighbors
ever since and are still neighbors up to the present. When asked
about the bad moral character of Mr. AA, the adverse counsel
objected to the question as an improper mode of impeachment. As
a judge, would you sustain the objection?
A. Yes, the mode of impeachment must be by evidence that the
general reputation for truth, honesty, or integrity of Mr. AA is bad
(Sec. 11, Rule 132 of the Rules of Court).
B. No, the counsels objection is proper.
C. Yes, because the counsels objection is improper because the bad
moral character of Mr. AA is presumed.
D. No, the counsels objection is proper because it violates the
constitutional right of the witness.
27. What are the ways of impeaching adverse partys witness?
A. By contradictory evidence;
B. By evidence that the general reputation for truth, honesty, or
integrity of the witness is bad;

C. By prior inconsistent statements;


D. All of the above (Sec. 11, Rule 132 of the Rules of Court).
28. A way by which a witness may be allowed to refresh his memory
respecting a fact, by anything written or recorded by himself or
under his direction at the time when the fact occurred, or
immediately thereafter, or later so long as the fact was fresh in his
memory and he knew that it was correctly recorded.
A. Revival of past recollection;
B. Memory recollection;
C. Revival of present memory;
D. None of the above.
29. The following are the requirements for ancient document, except:
A. The private document is more than 30 years old;
B. It is produced from custody in which it would naturally be found if
genuine;
C. It is unblemished by any alterations or circumstances of suspicion;
D. It must be authenticated as provided by the Rules.
30. The lupon of each barangay shall have authority to bring together
the parties actually residing in the same city or municipality for
amicable settlement of all disputes. Which of the following is not
the exception?
A. Where one party is the government or any subdivision or
instrumentality thereof.
B. Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions.
C. Offenses punishable by imprisonment equivalent to one (1) year or
fine exceeding Five Thousand Pesos (P5,000.00).
D. Offenses where there is no private offended party (Sec. 408 of RA
7160).
RULES 86-98
SPECIAL PROCEEDINGS
1. The following claims may be filed against the estate of the
estate of the decedent, except:
A. Judgments for money against the decedent
B. Money claims arising after the death of the decedent
C. Expenses for the last sickness of the decedent
D. All claims for money against the decedent, arising from
contract, express or implied, whether the same be due, not due
or contingent
*Section 5,Rule 86,ROC
2. The following options are available to a secured creditor,
except:

A. Abandon the security and prosecute his claim against the


estate and share in the general distribution of the assets
thereof
B. Foreclose his mortgage or realize upon his security by action
in court, making the executor or administrator a party
defendant and if there is judgment for deficiency, he may file
a contingent claim against the estate within the statute of
non-claims
C. Maintain an action upon the mortgage to foreclose it after
abandoning the security
D. Rely solely on his mortgage and foreclose (judicial or
extrajudicial) the same at anytime within the period of
statute of limitations but he cannot be admitted as creditor
and shall not receive in the distribution of other assets of the
estate
(Pages 146-148, De Leon, 2015)
3. The following requisites must concur before the executor or
administrator may pay the money claims against the estate,
except:
A. The amount is stated in the will
B. A hearing is conducted
C. The amounts of such claims are ascertained
D. There are sufficient assets to pay the debt
(Page 163, De Leon, 2015)
4. A contingent claim is one that is subject to the happening of a to
retain estate to meet the contingent claim are as follows,
except:
A. The contingent claim is duly filed within the two-year period
allowed for the creditors to present claims
B. The court is satisfied that the claim is valid
C. The claim has become absolute
D. The claim is not disputed by the executor or administrator
(Page 165-166, De Leon, 2015)
5. As a general rule, a probate court cannot issue a writ of
execution. The following are the exceptions:
A. To satisfy the contributive shares of the devisees/ legatees/
heirs when the latter had entered prior possession over the
estate
B. To satisfy the costs when a person is cited for examination in
probate proceedings
C. A and B are correct exceptions
D. Only B is a correct exception
6. Upon application to the court with written notice to the heirs, the
executor may sell, encumber, mortgage the property if:

A. It is necessary for the purpose of paying debts, expenses of


administration, legacies
B. For the preservation of the property
C. Only B is true
D. A and B are true
(Page 256, De Leon, 2015)
7. Grounds for Removal of Trustee
The court may remove a trustee on the following grounds:
A. The removal appears essential in the interest of the
petitioners
B. The trustee is otherwise incapable of discharging the trust or
is evidently unsuitable to act as one.
C. A and B are correct
D. Only B is correct
(Page 260, De Leon, 2015)
8. Extent of Authority of Trustees
A. The powers of a trustee appointed by a Philippine court
cannot extend beyond the confines of the territory of the
Republic of the Philippines
B. The authority cannot extend beyond the jurisdiction of the
country under whose courts he was appointed
C. A and B are false
D. A and B are true
(Page 261, De Leon, 2015)
9. Where trustee appointed (Section 1,Rule 98)
A. Determines the venue where a petition for the appointment of
a trustee should be filed
B. The petition may also be filed in the settlement proceedings
of a decedents estate willed that certain properties should be
placed in trust
C. A and B are true
D. A and B are false
(Page 254, De Leon, 2015)
10.Trustees, distinguished from executor or administrator:
A. A trustee, like an executor or administrator, holds an office of
trust, particularly when the trustee acts as such under judicial
authority
B. A trustees duties generally cover a wider range than those of
executors or administrators of the estate
C. Only A is true

D. A and B are true


(Page 255, De Leon, 2015)
MCQ OF ANTHONY DAN S. OGBINAR
(Send to derrickromero@ymail.com)
REMEDIAL LAW REVIEW II
A. SPECIAL PROCEEDINGS(Rule 99-109)
1. Is the Order or Judgment in Special proceedings appealable?
a. Yes
b. No
c. Sometimes
d. Depends
2. What are the publication requirements in Cancellation or
Correction of Entries in the Civil Registry?
a. Once a week for 3 consecutive weeks
b. Once a week for 2 consecutive weeks
c. Once a week for 6 consecutive weeks
d. Once a week for 4 consecutive weeks
3. After hearing, the court may either dismiss the petition or
issue an Order granting the cancellation or correction prayed
for. In either case, a copy of the judgment shall be served upon
the civil registrar concerned who shall annotate the same in
his record.
a. certified true copy
b. Xerox copy
c. photocopy
d. any of the above
4. Procedural requisites for the declaration of Absence.
a. Notice and Hearing
b. Notice
c. Hearing
d. Notice, Hearing and Publication
5. When should declaration of absence be filed?
a. 2 years
b. after 2 years
c. receipt of last news
d. upon knowledge
6. A family home may be filed by a verified petition with the RTC
of province or city where the property is:
a. located
b. residence of petitioner
c. address of the petitioner
d. domicile of the petitioner
7. In Special proceedings, the Office of the Civil Registry are
represented by:

a.
b.
c.
d.

OSG
PAO
Counsel de officio
IBP

8. Writ of Habeas Corpus shall extend to all cases of:


a. illegal confinement
b. deprived of his liberty
c. withheld of rightful custody
d. any of the above
9. The adopter may petition court for the rescission or revocation
of adoption on any of the following cases:
a. If adopted person has attempted against the life of adopter
b. When adopted minor has abandoned the home of the adopter for
more than three (3) years
c. When the adopted person has repudiated adoption;
d. When adopted person condones all the offenses of adopter.
10.
The petition for hospitalization of insane person shall be
filed
a. By the Director of Health Department;
b. By the Barangay Captain
c. By the Natural Parents
d. By the Adopter.

B. CRIMINAL PROCEDURE (Rule 122-127)


1. A brief answer to the accusations by declaring in open court
either the words guilty or not guilty
a. Plea
b. Arraignment
c. Improvident Plea
d. Any of the above
2. The accused shall get the conformity of both the offended
party and the prosecutor, and the lesser offence is
necessarily included in the offence charged
a. A Plea to guilty to a lesser offence
b. A plea of guilty
c. A plea of guilty to a capital offence
d. Any of the above
3. Ground for suspension of arraignment
a. Pending Motion to Quash
b. Pending Motion for Inhibition
c. Pending Motion for Bill of Particulars
d. Any of the above

4. Before arraignment, the accused may file a Motion to enable


him to properly plead and to prepare for Trial and that the
Motion shall specify alleged defects of the complaint or
information and the details desired.
a. Motion for Bill of Particulars
b. Motion to Quash
c. Motion to Dismiss
d. Any of the above
5. A valid ground that the accused may invoke to Quash a
complaint or information
a. Facts charged do not constitute an offence.
b. The court trying the case has no jurisdiction.
c. The court trying the case has no jurisdiction over the person
d. Any of the above
6. Court can Quash an information motu propio
a. Motion to Quash is required in writing
b. Must be signed by the accused or his counsel
c. It must specify distinctly the factual and legal grounds therefore
d. All of the above
7. Instances when criminal liability is totally extinguished
a. Absolute pardon
b. Prescription of crime
c. Prescription of penalty
d. All of the above
8.

In
a.
b.
c.

criminal cases cognizable by the court Pre-Trial is


Mandatory
Not Mandatory
Any of the above

9. Matters to be considered during Pre-Trial


a. Plea Bargaining
b. Stipulation of Facts
c. Marking or identification of evidence;
d. Waiver of objections to admissibility of evidence
e. All of the above
10.
Includes everything which is done contrary to justice,
honesty, modesty, or good morals. An act of baseness,
vileness or depravity in the private and social duties which
a man owes to a fellowmen.
a. Moral turpitude
b. Contempt
c. Sanction
d. Any of the above

C. EVIDENCE (R-133-134s)
1. In civil cases, the party having the burden of proof must
establish his case by:
a. Preponderance of evidence
b. Substantial evidence
c. Proof beyond reasonable doubt
d. Any of the above
2. Rules on electronic evidence shall apply whenever electronic
document or electronic data message is offered or used in
evidence.
a. Civil actions
b. Quasi- judicial
c. Administrative cases
d. Any of the above
3. Means sanctioned by law, of certain, in a judicial proceeding,
the truth respecting a matter of fact.
a. Evidence
b. best evidence
c. documentary evidence
d. any of the above
4. What are documents considered original
a. Original of a document is one contents thereof is the subject
b. copies executed at or about the same time with identical contents
c. entry repeated in the regular course of business, one being copied
from another at or near the time of transaction
d. any of the above.
5. Offer of Evidence, the court shall consider no evidence which
has not been formally offered. The purpose for which the
evidence is offered must be specified.
a. The offer must be made at the time the witness is called to testify.
b. Documentary and object evidence shall be offered after the
presentation of a partys testimonial evidence
c. Such offer shall be done orally unless allowed by the court in
writing.
d. In any case, the grounds for the objection must be specified.
e. All of the above
6. A return of the Writ of Habeas Corpus is considered prima facie
evidence
of the cause of detention if:
a. made by a Public Office
b. made by a Private Person

c. the detention is pursuant to a warrant of arrest


7. Habeas corpus is not the proper remedy to secure the release
of a person
detained pursuant to:
a. a warrantless arrest
b. a warrant of arrest
c. a warrant of arrest issued on the basis of an information charging
an
offense which has already prescribe his voluntary surrender
8. An appeal in habeas corpus case shall be perfected by filing
the notice of appeal with the clerk of court or judge who
rendered the judgment within:
a. 15 days from notice of judgment
b. 30 days from notice of judgment
c. 5 days from notice of judgment
d. 48 hours from notice of judgment
9. The RTC in which a petition for a Writ of Amparo is filed is the
one which has jurisdiction over the:
a. Place of residence of the respondent or any of the respondents;
b. Place of residence of the aggrieved party only;
c. Place of residence of the petitioner who is not the aggrieved
party;
d. Place where the threat, act or omission was committed
or any of its elements occurred
10.
It is the duty of a party to present evidence on the facts
in issue necessary to establish his claim or defense by the
amount of evidence required by law.
a. Burden of proof
b. Sufficiency of evidence
c. Testimonial evidence
d. Any of the above
NISPEROS, Jasmin R.
RULE 99 to 109
1. Which is not among the grounds for rescission of adoption?
a. Repeated physical violence and verbal maltreatment by the
adopter despite having undergone counseling
b. Attempt on the life of the adopter
c. Sexual assault or violence
d. Abandonment or failure to comply with parental obligation
2. Change of name under Rule 103 should be allowed in:
a. Legal separation

b. Mere fact that the applicant has been using a different name and
has become known by it per se
c. If it will give an impression of family relationship to
another where none actually exists
d. An alien can petition for a change of name but he must be
domiciled in the Philippines
3. Entries subject to cancellation or correction under Rule 108, EXCEPT:
a. Naturalization
b. Nationality
c. Adoption
d. Legitimation
4. Where is the venue of the petition for commitment for hospitalization
of insane persons?
a. MTC of province where the person alleged to be insane is found
b. RTC of province where the person alleged to be insane is
found
c. MTC of the city/municipality where the person alleged to be
insane is found
d. RTC of the city/municipality where the person alleged to be
insane is found
5. If the person is detained under the government authority and the
illegality of his detention is not patent from the petition for the writ, the
court issues the citation to the government officer having custody to
show cause why the writ of habeas corpus should not issue.
a. Preliminary citation
b. Peremtory writ
c. Habeas corpus
d. Certiorari, Prohibition and Mandamus
6. The following are requisites in petitions for habeas corpus involving
minors, EXCEPT:
a. That the petitioner has the right of custody over the minor
b. That the rightful custody of the minor is being withheld from the
petitioner by the respondent; and
c. That it is to the best interest of the minor concerned to be in the
custody of petitioner and not that of the respondent.
d. Respondent must file a verified answer within 5 days
from the service of summons and copy of the petition.
7. How many days to appeal the motion for reconsideration or new trial in
a habeas corpus in relation to minors?
a. 15 days
b. 20 days
c. 25 days
d. 30 days

8. Family home shall be exempt from the execution, forced sale or


attachment except the following. Which is not one of the exemptions?
a. For nonpayment of taxes
b. For debts incurred after to the constitution of the family
home
c. For debts secured by mortgages on the premises before or after
such constitution
d. For debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or furnished
material for the construction of the building
9. What is the effect of reappearance of an absentee?
a. The subsequent marriage by the present spouse shall
automatically terminated by the recording of the affidavit
or reappearance of the absent spouse, unless there is a
judgment annulling the previous marriage or declaring it
void ab initio.
b. The subsequent marriage by the present spouse shall
automatically terminated by giving notice to the civil registry,
unless there is a judgment annulling the previous marriage or
declaring it void ab initio.
c. The subsequent marriage by the present spouse shall be
terminated by the mere reappearance the absent spouse, unless
there is a judgment annulling the previous marriage or declaring
it void ab initio.
d. The subsequent marriage by the present spouse shall be
terminated by the mere reappearance the absent spouse.
10.The following are rules in appeal in Special Proceedings, EXCEPT:
a. 30 days period of appeal
b. 30 days notice of appeal, record on appeal and docket fees
c. Maybe extended on meritorious ground
d. 15 days notice of appeal and docket fee
RULE 122 to 127
11.Disposes of the whole subject matter or terminates a particular issue
leaving nothing to be done but to enforce by execution what has been
determined.
a. Final Judgment
b. Summary Judgment
c. Final Order
d. Summary Order
12.Statement 1: Appeal of Judgment must be perfected within 15 days
from promulgation.
Statement 2: Appeal of an Order must be perfected within 15 days
from notice of the final order.
a. True, True

b. True, False
c. False, True
d. False, False
13.The following are grounds for dismissal of appeal for abandonment or
failure to prosecute, EXCEPT:
a. Failure on the part of the appellant to file brief within the
reglementary period, except when he is presented by a counsel
de officio
b. Escape of the appellant from prison or confinement
c. When the appellant jumps bail
d. Non-flight of the appellant to a foreign county during the
pendency of the appeal
14.Where an appeal was dismissed for failure to file a brief on time and
the order of dismissal had already become final, the __________ appeal
cannot be retrieved by filling a motion for new trial.
a. Dismissal of appeal
b. Failure of Appeal
c. Lost Appeal
d. Abandoned Appeal
15.It is when the doubt or difference arises as to what the law is on a
certain state of facts. It must not involve an examination of the
probative value of the evidence presented by the litigants or any of
them
a. Question of Fact
b. Question of Law
c. Question of Fact/Law
d. Question of Issues
16.It is when the doubt or difference arises as to the truth or the falsehood
of alleged facts.
a. Question of Fact
b. Question of Law
c. Question of Fact/Law
d. Question of Issues
17.An order in writing issued in the name of the People of the Philippines,
signed by a jugde and directed to a peace office, commanding him to
search for personal property described therein and bring it before the
court.
a. Search warrant
b. Warrant of arrest
c. Subpoena duces tecum
d. Subpoena ad testificandum
18.The following are kinds of personal property to be seized, EXCEPT:
a. Subject of the offense which must be owned by the
perpetrator

b. Subject of the offense


c. Stolen or embezzled and other proceeds or fruits of the offense
d. The means used or intended to be used for committing an
offense
19.Its object is either to determine the identity of a suspicious individual
or to maintain the status quo momentarily while to police officer seeks
to obtain more information. The officer may search the outer clothing
of the person in an attempt to discover weapons which might be used
to assault him.
a. Plain View
b. Valid Consented Search
c. Immediate Control Test
d. Stop and Frisk
20.The following are remedies of party adversely affected by a search
warrant, EXCEPT:
a. Motion to quash the search warrant
b. Motion to suppress evidence
c. Replevin
d. Injunction
RULE 133 to 134, Writ of Amparo, Writ of Habeas Data, Clerical Error
Act and Paper Rule
21.A remedy available to any person whose right to privacy in life, liberty
or security is violated or threatened by unlawful act or omission of a
public official or employee, or of a private individual or entity engaged
in the gathering, collecting or storing of data or information regarding
the person, family, home and correspondence of the aggrieved party.
a. Writ of Habeas Data
b. Writ of Amparo
c. Writ of Habeas Corpus
d. Writ of Kalikasan
22.Typographical or clerical error under RA9048 that cannot be changed.
a. Age
b. Day and month in the date of birth
c. First name
d. Sex
23.Ground for impugning the decision granting the petition for change of
name under RA9048.
a. The basis used in changing the first name or nickname
does not fall under any of the grounds.
b. When the change will avoid confusion
c. When the change results as a legal consequence as in
legitimation
d. Having continuously used and been known since childhood by a
Filipino name, unaware of her alien parentage

24.The court, justice or judge, upon verified motion and after due hearing,
may order any person in possession or control of a designated land or
other property, to permit entry for the purpose of inspecting,
measuring, surveying, or photographing the property or any relevant
object or operation thereon.
a. Temporary Protection order
b. Inspection order
c. Production order
d. Permanent protection order
25.The court, justice or judge, upon verified motion and after due hearing,
may order any person in possession, custody and control of any
designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or electronic form,
which constitutes or contain evidence relevant to the petition or the
return, to produce and permit their inspection, copying or
photographing by or on behalf of the movants.
a.
b.
c.
d.

Temporary Protection order


Inspection order
Production order
Permanent protection order

26.Required to reach a conclusion in administrative proceedings or to


establish a fact before administrative or quasi-judicial bodies.
a. Proof beyond reasonable doubt
b. Clear and convincing evidence
c. Preponderance of evidence
d. Substantial evidence
27.It is evidence offered by one charge with a crime to support the
statement that at the time of its commission, he was at a place or
remote or that the crime took place under such circumstances that he
could not possibly have committed it.
a. Denial
b. Alibi
c. Motive
d. Testimony
28.The doctrine refers to a situation where the evidence of the parties are
evenly balanced or there is doubt on which side the evidence
preponderates. In such case the decision should be against the party
with the burden of proof.
a. Equipoise Rule
b. Probative value
c. Positive testimony
d. Clear and convincing evidence
29.The following are requisites of extrajudicial confession, EXCEPT:

a.
b.
c.
d.

Voluntary
With the assistance of a competent and independent counsel
Writing
Implied

30.It is an acknowledgement is express word, by the accused in a criminal


case, of the truth of the main fact charged, or some essential parts
thereof. It is a direct and positive acknowledgement of guilt.
a. Admission
b. Confession
c. Positive testimony
d. Direct evidence
Special Proceedings: (Rule 99-109) Multiple Choice Questions
1. The following are the contents of the petition for writ of Habeas Corpus,
except:
a. That the person in whose behalf the application is made is
imprisoned or restrained of his liberty.
b. The place where the detainee is imprisoned or restrained of
his liberty, if known.
c. The officer or name of the person detaining another, or if
unknown, such person may be described by an assumed appellation and the
person who is served with the writ shall be deemed the person intended.
d. The manner the right of privacy is violated or
threatened and how it affects the right to life, liberty or security of
the aggrieved party.
e. none of the above.
2. It is a juridical act, a proceeding in rem, which creates between two
persons a relationship similar to that which results from legitimate paternity
and filiation.
a. Writ of Habeas Corpus
b. Guardianship
c. Hospitalization of Insane Person
d. Adoption
e. none of the above
3. Under Republic Act no. 8552, may an adopter rescind the adoption?
a. Yes, it would be unjust if they will allow such danger to their
life.
b. No, only the adoptee or his guardian or counsel may
seek its rescission under the grounds provided in the Act.
c. Yes, they have the parental authority of the child.
d. No, they can disinherit the adoptee under the New Civil Code.
e. The answer is not given.

4. Petitioners were arrested and detained on the allegation that they are
members of subversive organization. Petitioners filed a writ of Habeas corpus.
Respondents filed a motion to dismiss after the petitioner was temporarily
released from detention on the ground that the petition for writ of Habeas
Corpus may deemed moot and academic since the petitioner is free and no
longer in the custody of the respondent. Petitioner contends that his
temporary release did not render the instant petition moot and academic
because of the restrictions imposed by the respondents which constitute an
illegal and involuntary restraint on his freedom. Is the petition for a writ of
Habeas Corpus deemed moot and academic in view of the detained persons
release with restrictions? (Moncupa vs. Enrile, L-63345)
a. Yes, since the detained person is no longer in the custody of
the Respondents.
b. No, it is provided in the Rules.
c. No, Temporary release of the petitioner does not
render the instant petition moot and academic. It is still available
where the person continue to be unlawfully denied of his
constitutional freedom, where there is a denial of due process,
where the restraints are not merely involuntary but necessary and
where deprivation of freedom originally valid but becomes arbitrary.
d. Yes, the main issue for the writ of Habeas Corpus is no longer
available.
e. None of the above.
5. The following are the effects of rescission of Adoption under Republic Act
no. 8552, except:
a. The reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished.
b. The adoptee shall use the name stated in his original birth or
foundling certificate.
c. Vested rights prior to judicial rescission shall not be
respected.
d. The successional rights shall revert to its status prior to the
adoption, as of the date of judgment of judicial rescission.
e. none of the above
6. It refers to the rule that the respondent must plead all his defenses in the
return. Failure to do so shall operate as a waiver of such defenses not therein
pleaded.
a. Omnibus-Waiver Rule
b. Best Interest Standard Rule
c. Paper Rule
d. Preliminary Citation
e. none of the above
7. Under Republic Act no. 10172, it refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing an

entry in the civil register that is harmless and innocuous, such as misspelled
name or misspelled place of birth, mistake in the entry of day and month in
the date of birth or the sex of the person or the like, which is visible to the
eyes or obvious to the understanding, and can be corrected or changed only
by reference to other existing record or records: Provided, however, That no
correction must involve the change of nationality, age, or status of the
petitioner.
a. Clerical error
b. Change of First name
c. Change of nickname
d. Cancellation of entry in the Civil Registry
e. none of the above
8. Under Republic Act no. 9048, the following are the grounds for Change of
First Name or nick name, except:
a. The petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely difficult to write or pronounce.
b. The change will avoid confusion.
c. The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly known by that
by that first name or nickname in the community.
d. The change of first name or nick name is due to the
fact that the Civil Registry erred in entering the correct and real
name.
e. None of the above.
9. The following may file an application for declaration of absence of a
person, except:
a. The heirs instituted in a will, who may present an authentic
copy of the same.
b. Those who have some right over the property of the
absentee, subordinated to the condition of his death.
c. The State
d. The spouse present
e. The relatives who would succeed by the law of intestacy.
10. Petitioners filed a petition for writ of Habeas Corpus in order to recover
their son (minor) from respondent and presented witnesses to substantiate
their petition. Respondent, on the other hand, claimed that she is the natural
mother of the child. The trial court ruled in favor of the Petitioners, but on
appeal, the Court of Appeals reversed and set aside the decision of the trial
court. The Appellate court doubted on the propriety of the Habeas Corpus. Is
writ of Habeas Corpus a proper remedy to regain the custody of a minor
child? (Tijing vs. CA, 354 SCRA 17 GR no. 125901)
a. No, writ of Habeas Corpus does not extend to regain the
custody of a minor child.

b. Yes, it is a proper remedy to enable parents to regain


custody of a minor child even if the latter be in the custody of a third
person of his own free will.
c. No. it is not provided under the Rules.
d. Yes, it is the right of the parents to file the petition for writ of
Habeas Corpus.
e. None of the above.

Criminal Procedure: (Rule 122-127) Multiple Choice Questions


1. Rule 122 Section 2 of the Rules of Court provides where to appeal criminal
actions. Which of the following is incorrect?
a. Appeal may be taken to the RTC, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial or
Municipal Circuit Trial Court.
b. Appeal may be taken to Supreme Court, in cases decided by
the Court of Appeals.
c. Appeal may be taken to the Court of Appeals or to the
Supreme Court in the proper cases provided by law, in cases decided by the
RTC.
d. Appeals may taken to the Court of Tax Appeals, in
cases decided by RTC.
e. None of the above.
2. Angel informed the police that Jessy would come back with new stocks of
marijuana. Policemen saw two men alighted from the bus, helping each other
carry a carton/ box, one of them fitted the description of Jessy. They
approached the two and Jessy denied that he carried any drugs. The latter
opened the box, beneath dried fish where two bundles, one wrapped in a
plastic bag and another in newspapers. Policemen asked Jessy to unwrap the
packages and contained what seemed to the police as marijuana leaves. The
two did not resist the arrest. Charged with illegal possession of prohibited
drugs, they pleaded not guilty and interposed the defense that they were
framed up. The trial court convicted them with the crime charged and
sentenced them to suffer the penalty of reclusion perpetua. Is the search and
seizure without warrant valid in this case? (PEOPLE VS. NOEL TUDTUD AND
DINDO BOLONG G.R. No. 144037, September 26, 2003)

a. No, every search and seizure must have warrant.


b. Yes, it is under the Plainview Situation.
c. No, the items seized were held inadmissible, having
been obtained in violation of the accuseds constitutional rights
against unreasonable searches and seizures.
d. No, the defense of the accused is valid and reasonable.
e. None of the above.
3. Before the DOJ, Lilian filed a complaint charging multiple murder against
certain police officers from the PNP-HPG and PNP-SAF who were involved in
the police action that led to the shooting of her husband and their daughter.
After preliminary investigation, the DOJ filed the Information before the RTC
indicting all the police officers charged in the complaint. On the following day,
the HPG group of accused police officers filed an omnibus motion for judicial
determination of probable cause with a prayer to hold in abeyance the
issuance of warrants for their arrest. The RTC issued warrants of arrest
against the SAF officers but dismissed the case against the HPG officers for
lack of probable cause. Lilian moved for reconsideration of the dismissal but it
was denied. For a period of 112 days after receipt of the order of dismissal by
the public prosecutor, the OSG via Rule 65 filed a petition for certiorari before
the CA alleging grave abuse of discretion on the part of the RTC. The CA
granted the petition, ruling that the RTC gravely abused its discretion and
thus ordered the issuance of warrants of arrest against the HPG officers. Is
Court of Appeals correct in granting the OSGs petition for certiorari via Rule
65? (Cajipe vs. People, April 23, 2014)
a. No, considering that the RTC order of dismissal is final
and appealable, the CA erred when it granted the special civil action
for certiorari filed by the OSG via Rule 65.
b. Yes, Rule 65 is the proper remedy in this case.
c. No, Rule 65 should be filed to the Supreme Court.
d. Yes, CA did not erred in granting the special civil action.
e. None of the above.
4. The following are the nature of the personal properties to be seized under
Rule 126, Section 3 of the Rules of Court, except:
a. Subject of the offense
b. Stolen or embezzled and other proceeds or fruits of the
offense
c. The means used or intended to be used for committing an
offense.
d. All of the above.
e. None of the above.
5. It is justified on the ground that it is not practicable to secure a warrant
because the vehicle can be quickly moved out of the locality or jurisdiction in
which the warrant must be sought.
a. Consented Search
b. Search of moving vehicle

c. Search incident to a lawful arrest


d. Check point
e. None of the above.
6. The following are
proceedings, except:

the

available

provisional

remedies

in

criminal

a. Preliminary Injunction
b. Receivership
c. Support pendente lite
d. Replevin
e. None of the above.
7. It is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search
for personal property described and bring it before the court.
a. Warrant of Arrest
b. Consented Search
c. Search Warrant
d. Check point
e. None of the above
8. Rule 126 Section 12 provides that ___ days after the issuance of the search
warrant, the issuing judge shall ascertain if the return has been made, and if
none, shall summon the person to whom the warrant was issued and require
him to explain why no return was made.
a. 15
b. 10
c. 30
d. 45
e. None of the above.
9. In criminal proceedings, an appeal must be taken within ___ days from
promulgation of the judgment or from notice of the final order appealed from.
a. 10
b. 30
c. 45
d. 15
e. None of the above.
10. Appellant Efren Mateo was charged with ten counts of rape by his stepdaughter Imelda Mateo. During the trial, Imeldas testimonies regarding the
rape incident were inconsistent. She said in one occasion that incident of rape
happened inside her bedroom, but other times, she told the court that it
happened in their sala. She also told the court that the appellant would cover
her mouth but when asked again, she said that he did not. Despite the
irreconcilable testimony of the victim, the trial court found the accused guilty

of the crime of rape and sentenced him the penalty of reclusion perpetua.
The Solicitor General assails the factual findings of the trial and recommends
an acquittal of the appellant. Is the case directly appealable to Supreme
Court?
(PEOPLE
OF
THE
PHILIPPINES
VS.
MATEO
G.R. No. 147678-87, July 7, 2004)
a. No, it should follow the hierarchy of court.
b. Yes, Fundamental Law requires a mandatory review by the
Supreme Court of cases where the penalty imposed is reclusion perpetua, life
imprisonment, or death.
c. No, If only to ensure utmost circumspection before the
penalty of death, reclusion perpetua or life imprisonment is
imposed, the Court now deems it wise and compelling to provide in
these cases a review by the Court of Appeals before the case is
elevated to the Supreme Court. Where life and liberty are at stake,
all possible avenues to determine his guilt or innocence must be
accorded an accused, and no case in the evaluation of the facts can
ever be overdone.
d. Yes, it is provided in the Rules.
e. None of the above.
Evidence: (Rule 133-134) Multiple Choice Questions
1. Rule 133 Section 3 of the Rules of Court, __________ made by an accused,
shall not be sufficient ground for conviction, unless corroborated by evidence
of corpus delicti.
a. Extrajudicial confession
b. Evidence on motion
c. Circumstantial evidence
d. Substantial evidence
e. None of the above.
2. Evidence of whatever description must yield to the extent that it conflicts
with admitted or clearly established facts. Thus courts give superior credit to
witnesses whose testimonies on material points are in accord with facts
already established.
a. Substantial Evidence
b. Circumstantial Evidence
c. Preponderance of Evidence
d. Admitted Facts Rule
e. None of the above.
3. When a motion is based on facts not appearing of record the court may
hear the matter on affidavits or depositions presented by the respective
parties, but the court may direct that the matter be wholly or partially on oral
testimony or depositions.

a. Circumstantial Evidence
b. Proof beyond reasonable doubt
c. Evidence on motion
d. Extrajudicial confession
e. None of the above.
4. The siblings of James Balao, and Longid (petitioners), filed with the RTC of
La Trinidad, Benguet a Petition for the Issuance of a Writ of Amparo in favor of
James Balao who was abducted by unidentified armed men earlier. Named
respondents in the petition were then President GMA, Exec Sec Eduardo
Ermita, Defense Sec Gilberto Teodoro, Jr., ILG Secretary Ronaldo Puno,
National Security Adviser (NSA) Norberto Gonzales, AFP Chief of Staff Gen.
Alexander . Yano, PNP Police Director General Jesus Verzosa, among others.
James M. Balao is a Psychology and Economics graduate of the UP-Baguio. In
1984, he was among those who founded the Cordillera Peoples Alliance (CPA),
a coalition of NGOs working for the cause of indigenous peoples in the
Cordillera Region. According to witnesses testimony, James was abducted by
unidentified men, saying they were policemen and were arresting him for a
drugs case and then made to ride a white van. Petitioners prayed for the
issuance of a writ of amparo and likewise prayed for (1) an inspection order
for the inspection of at least 11 military and police facilities which have been
previously reported as detention centers for activists abducted by military
and police operatives; (2) a production order for all documents that contain
evidence relevant to the petition, particularly the Order of Battle List and any
record or dossier respondents have on James; and (3) a witness protection
order. The RTC issued the assailed judgment, disposing as follows: issue a
Writ of Amparo Ordering the respondents to (a) disclose where James is
detained or confined, (b) to release James considering his unlawful detention
since his abduction and (c) to cease and desist from further inflicting harm
upon his person; and deny the issuance of inspection order, production order
and witness protection order for failure of herein Petitioners to comply with
the stringent provisions on the Rule on the Writ of Amparo and substantiate
the same.
Is the totality of evidence satisfies the degree of proof required by the
Amparo Rule to establish an enforced disappearance? Decide.
a. No, the Rule on the Writ of Amparo was promulgated on
October 24, 2007 amidst rising incidence of extralegal killings and
enforced disappearances.
b. Yes, totality of evidence satisfies the Amparo Rule.
c. No, it does not determine guilt nor pinpoint criminal
culpability for the disappearance, it determines responsibility, or at
least accountability, for the enforced disappearance [threats thereof
or extrajudicial killings] for purposes of imposing the appropriate
remedies to address the disappearance [or extrajudicial killings].
d. Yes, it is stated in the Rules.
e. None of the above.

5. It refers to killings committed without due process of law, i.e., without legal
safeguards or judicial proceedings.
a. Enforced Disappearances
b. Extra-legal Killings
c. Murder
d. Homicide
6. What is the burden of proof needed for the issuance of a writ of Habeas
data?
a. Circumstantial evidence
b. Proof beyond reasonable doubt
c. Substantial evidence
d. Preponderance of evidence
e. None of the above.
7. This remedy is available to any person whose right to privacy in life, liberty
or security is violated or threatened by an unlawful act or omission of a public
official or employee or of a private individual or entity engaged in the
gathering, collecting or storing data or information regarding the person,
family, home and correspondence of the aggrieved party.
a. Writ of Amparo
b. Writ of Habeas Data
c. Writ of Habeas Corpus
d. Writ of Kalikasan
e. None of the above.
8. The following are entries may be subject to cancellation under Rule 108,
except:
a. Births
b. Marriages
c. Paternity
d. Adoption
e. None of the above.
9. McCoy denied the marriage of his parents and denies his legitimacy and
filed a petition to change his name removing his fathers last name. Will the
petition prosper?
a. No, Changes that will affect the civil status from
legitimate to illegitimate are substantial and controversial
alterations which can only be answered after appropriate adversary
proceedings.
b. Yes, since the he is not legitimate child of his parents.
c. No, the change he seeks will affect his legal status in
relation to his parents.
d. Yes, it is his right to change his name.

e. None of the above.


10. Under Efficient Use of Paper rule, it is applicable:
a. To all LGUs, executive branch of government.
b. To all agencies of the government.
c. To all courts and quasi-judicial bodies under the
administrative supervision of the Supreme Court.
d. To all pleadings.
e. None of the above.

David T. Tolentino
Remedial Law
Special Proceedings Rule 99 to 109
1. A filed a petition for writ of habeas corpus against her husband, B, to get
from him custody of their 5 year old son, C. The court granted the petition
and required B to turn over C to his mother. B sought reconsideration but the
court denied it. He filed a notice of appeal five days from receipt of the order
denying his motion for reconsideration. Did he file a timely notice of appeal?
A. No, since he filed it more than 2 days after receipt of the decision
granting the petition.
B. No, since he filed it more than 2 days after receipt of the order denying
his motion for reconsideration.
C. Yes, since he filed it within 15 days from receipt of the denial of his
motion for reconsideration.
D. Yes, since he filed it within 7 days from receipt of the denial of his
motion for reconsideration.
2. Angel Kubeta filed a petition to change his first name Angel. After the
required publication but before any opposition could be received, he filed a
notice of dismissal. The court confirmed the dismissal without prejudice. Five
days later, he filed another petition, this time to change his surname

Kubeta. Again, Angel filed a notice of dismissal after the publication. This
time, however, the court issued an order, confirming the dismissal of the case
with prejudice. Is the dismissal with prejudice correct?
A. Yes, since such dismissal with prejudice is mandatory.
B. No, since the rule on dismissal of action upon the plaintiffs notice does
not apply to special proceedings.
C. No, since change of name does not involve public interest and the
rules should be liberally construed.
D. Yes, since the rule on dismissal of action upon the plaintiffs notice
applies and the two cases involve a change in name.
3. A return of a writ of habeas corpus is considered prima facie evidence of
the cause of the detention if:
A.
B.
C.
D.

Made by a public officer


Made by a private person
The detention is pursuant to a warrant of arrest
Made by a person in authority

4. When a person is detained by a private person, the writ of habeas corpus is


directed:
A. To the said private person
B. To an office of the law
C. To any person designated by the court
D. None of the above
5. Habeas Corpus issued by the Regional Trial Court is enforceable only in:
A. The territorial jurisdiction of the RTC that issued it.
B. The place where the person is actually detained
C. In the judicial region to which the RTC that issued it pertains
D. None of the above
6. The venue of a petition for a change of name is:
A. The place of birth of the petitioner
B. His residence
C. The place where his birth was registered
D. The place where he was baptized
7. Habeas Corpus is not the proper remedy to secure the release of a person
detained pursuant to:
A. A warrantless arrest
B. A warrant of arrest
C. A warrant of arrest issued on the basis of an information charging an
offense which has already prescribed
D. His voluntary surrender
8. Who may not grant a writ of habeas corpus?
A. Any Regional Trial Court judge
B. The Court of Tax Appeals of any members thereof

C. The Court of Appeals or any member thereof


D. The Supreme Court or any member thereof
9. An appeal in habeas corpus case shall be perfected by filing the notice of
appeal with the clerk of court or judge who rendered the judgment within:
A. 15 days from notice of judgment
B. 30 days from notice of judgment
C. 5 days from notice of judgment
D. 48 hours from notice of judgment
10. The petition for the voluntary recognition of a minor natural child may be
filed only by:
A. The child
B. The mother of the child
C. The father of the child
D. The Child or his parent

Criminal Procedure Rule 122 to 127


1. After a judgment has become final and executory, the following may
constitute a remedy of the losing party. Which is the exception?
A. Petition for Relief
B. Action to Annul the Judgment
C. Motion for a New Trial or Reconsideration
D. Any of A or b
E. None of the above.
2. Judgments of the Regional Trial Court rendered in the exercise of its
appellate jurisdiction may be assailed:
A. By ordinary appeal to the Court of Appeals
B. By Petition for Review to the Supreme Court
C. By petition for review to the Court of Appeals
D. By Ordinary Appeal to the Supreme Court
E. By Appeal by Certiorari to the Supreme Court
3. In an original action filed in the Court of Appeals, jurisdiction over the
person of the respondent is acquired:
A. By the service of summons upon him in accordance with Rule 14
B. By the service of the copy of the petition upon him by the petitioner
C. By the service upon him or the order of resolution of the Court of
Appeals indicating its initial action on the petition or by his
voluntary submission to such jurisdiction.

D. By the service upon him or the order of resolution of the Court of


Appeals indicating its final action on the petition or by his voluntary
submission to such jurisdiction.
4. The Court of Appeals may annul the judgment of the Regional Trial
Court on the ground that:
A. The RTC decision resulted from an intrinsic fraud
B. The RTC had no jurisdiction over the person of the defendant
C. The RTC had no jurisdiction over the subject matter of the case or
that the decision resulted from extrinsic fraud
D. The RTC had no jurisdiction over the person of the complainant
5. In the following instances, the clerk of court of the Court of Appeals
shall designate a counsel de oficio if it appears from the record of the
case as transmitted that, except:
A. That the accused is a habitual delinquent
B. The accused is confined in prison,
C. The accused is without counsel de parte on appeal
D. The accused has signed the notice of appeal himself, the clerk of
court of the Court of Appeals shall designate a counsel de oficio
6. A search warrant may be issued for the search and seizure of personal
property, except:
A. Subject of the offense
B. Stolen or embezzled and other proceeds, or fruits of the offense
C. Future properties of the accused
D. Used or intended to be used as the means of committing an offense
7. The following are the requisites for issuing search warrant, except:
A. Based upon probable cause determined personally by the judge
himself
B. The determination of the existence of probable cause must be
made after examination by the judge of the complainant and the
witnesses he may produce
C. The books, documents or other things requested must appear prima
facie relevant to the issue subject of the controversy
D. It must particularly describe the place to be searched, and the
persons or things to be seized.
8. When the civil action is properly instituted in the criminal action as
provided in Rule 111, the offended party may have the property of the
accused attached as security for the satisfaction of any judgment that
may be recovered from the accused in the following cases, except:
A. When the accused admits the charge against him.
B. When the accused is about to abscond from the Philippines.
C. When the accused has concealed, removed, or disposed of his
property, or is about to do so.
D. 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 public officer, officer of a corporation, attorney,

factor, broker, agent, or clerk, in the course of his employment as


such, or by any other person in a fiduciary capacity, or for a willful
violation of duty.
9. A search warrant shall be valid:
A. Sixty (60) days from its date. Thereafter it shall be void.
B. Thirty (30) days from its date. Thereafter it shall be void.
C. Ten (10) days from its date. Thereafter it shall be void.
D. None of the above.
10.The following are effects of appeal by any of several accused, except:
A. An appeal taken by one or more of several accused shall not affect
those who did not appeal, except insofar as the judgment of the
appellate court is favorable and applicable to the latter.
B. The assets of the appealing party shall be place in bond.
C. The appeal of the offended party from the civil aspect shall not
affect the criminal aspect of the judgment or order appealed from.
D. Upon perfection of the appeal, the execution of the judgment or
final order appealed from shall be stayed as to the appealing party.

Evidence Rule 133 to 134, Writ of Amparo, Writ of Habeas Data,


Clerical Error, Paper Rule
1. What is the right correlation between a criminal action and a petition for
Writ of Amparo both arising from the same set of facts?
A. When the criminal action is filed after the Amparo petition, the latter
shall be dismissed.
B. The proceeding in an Amparo petition is criminal in nature.
C. No separate criminal action may be instituted after an Amparo petition
is filed.
D. When the criminal action is filed after the Amparo petition, the latter
shall be consolidated with the first.
2. Alex filed a petition for Writ of Amparo against Melba relative to his
daughter Tonis involuntary disappearance. Alex said that Melba was Tonis
employer, who, days before Toni disappeared, threatened to get rid of her at
all costs. On the other hand, Melba countered that she had nothing to do with
Tonis disappearance and that she took steps to ascertain Tonis whereabouts.
What is the quantum of evidence required to establish the parties respective
claims?
A.
B.
C.
D.

For
For
For
For

Alex, probable cause; for Melba, substantial evidence.


Alex, preponderance of evidence; for Melba, substantial evidence.
Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.
both, substantial evidence.

3. The Regional Trial Court in which a petition for a Writ of Amparo is filed is
the one which has jurisdiction over the: (158)
A. Place of residence of the respondent or any of the respondents
B. Place of residence of the aggrieved party only
C. Place of residence of the petitioner who is not an aggrieved party
D. Place where the threat, act or omission was committed or any of its
elements occurred
4. A couple named their son Mario Torres. But a confused clerk at the
hospital registered his name as Maria Torres and his gender as female. The
city civil registrar has authority to:
A. Correct his name and gender
B. Correct his name but not his gender
C. Correct his gender but not his name
D. Indorse the case to court.
5. Circumstantial evidence is sufficient for conviction if, except:
A. There is more than one circumstance
B. The totality of evidence proves the fact in dispute
C. The combination of all circumstances is such as to produce a conviction
beyond reasonable doubt
D. The facts from which the inferences are derived are proven
6. The Equipoise Rule refers to:
A. Amount of evidence which a reasonable mind might accept as
adequate to justify a conclusion.
B. Evidence which is of greater weight, or more convincing, than that
which is offered in opposition to it.
C. Falsus in Uno, Falsus in Omnibus
D. Where evidence of parties in a criminal case is evenly balanced, the
constitutional presumption of innocence should tilt the scales in favor
of the accused.
7. Under the Efficient Use of Paper Rule, the format and style of all pleadings,
motions, and similar papers intended for the court and quasi-judicial
body's consideration and action (court-bound papers) shall be written:
A. Single space with a 1.5 space between paragraphs, using an easily
readable font style of the party's choice, 14-size font, and on a 13-inch
by 8.5-inch white bond paper
B. Double space with a 1.5 space between paragraphs, using an easily
readable font style of the party's choice, 14-size font, and on a 13-inch
by 8.5-inch white bond paper
C. Single space with a 2 space between paragraphs, using an easily
readable font style of the party's choice, 16-size font, and on a 13-inch
by 8.5-inch white bond paper
D. Single space with a 2 space between paragraphs, using an easily
readable font style of the party's choice, 14-size font, and on a 11-inch
by 8.5-inch white bond paper

8. Under the Rule on the Writ of Habeas Data, the following may file the
petition, except:
A. Any aggrieved party
B. Any member of the immediate family of the aggrieved party (spouse,
children and parents), in cases of extralegal killings and enforced
disappearances
C. Any ascendant, descendant or collateral relative of the aggrieved party
within the 4th civil degree of consanguinity or affinity, in cases of
extralegal killings and enforced disappearances
D. Any ascendant, descendant or collateral relative of the aggrieved party
within the 5th civil degree of consanguinity or affinity, in cases of
extralegal killings and enforced disappearances
9. Evidence on motion refers to:
A. When a motion is based on opinions not appearing of record, the court
may hear the matter on affidavits or depositions presented by the
respective parties, but the court may direct that the matter be heard
wholly or partly on oral testimony or depositions
B. When a motion is based on facts not appearing of record, the court
may hear the matter on affidavits or depositions presented by the
respective parties, but the court may direct that the matter be heard
wholly or partly on oral testimony or depositions
C. When a motion is based on facts not appearing of record, the court
may not hear the matter on affidavits or depositions presented by the
respective parties.
D. When a motion is based on opinions appearing of record, the court
may not hear the matter on affidavits or depositions presented by the
respective parties.
10.The following may file the Writ of Amparo, except:
A. Any member of the immediate family, namely: the spouse, children
and parents of the aggrieved party.
B. Any ascendant, descendant or collateral relative of the aggrieved party
within the fourth civil degree of consanguinity or affinity.
C. Any concerned citizen, organization, association or institution, if there
is no known member of the immediate family or relative of the
aggrieved party.
D. Any public officer or person in authority who has knowledge of the
circumstances of the case.

JAY P. MERCADO
REMEDIAL LAW REVIEW II
20160201150
Atty. Christian Villasis
MCQs in Special Proceedings

Writ of Amparo
Q1

Jonas, a known activist, was allegedly arrested by the 9 th


Infantry Battalion of the Philippine Army (PA) detailed in
Oriental Mindoro. After such arrest, his whereabouts was
never known and his families were terrified that he might be a
victim of extrajudicial killings. Kim, her mother come to you for
legal assistance for the release of Jonas or his body be
exhumed from the grave assuming that he might already dead.
What will be your remedy?

A.

To file a Writ of Habeas Corpus against the detailed Commander of the


9th Infantry Battalion of PA for the alleged illegal arrest of Jonas without
due process of law.
To file a Writ of Amparo against the detailed Commander of the 9 th
Infantry Battalion of PA for the alleged illegal arrest of Jonas and the
assumption that he was already dead being a victim of extrajudicial
killing based on the fact that his right to life, liberty and security is
violated or threatened with violation by an unlawful act or omission of
the 9th Infantry Battalion of PA, headed by their detailed Commander.
To file a Writ of Amparo against all Generals and Officers of PA including
the President of the Philippines, who is the Chief of Staff of the Armed
Forces of the Philippines for the alleged illegal arrest of Jonas and the
presence of actual threat of his right to life, liberty or property from
such illegal arrest and the presumption that he was already dead being
a victim of extrajudicial killing.
To file a Writ of Amparo against all who participated alone for the
alleged illegal arrest of Jonas detailed in the 9 th Infantry Battalion of PA
due to the presence of threat of his right to life, liberty or property from
such illegal arrest and the presumption that he was already dead being
a victim of extrajudicial killing.
To file a Writ of Amparo against the detailed Commander of the
9th Infantry Battalion of PA for the alleged illegal arrest of
Jonas and the presence of actual threat of his right to life,
liberty or property from such illegal arrest and the
presumption that he was already dead being a victim of
extrajudicial killing.

B.

C.

D.

E.

Habeas Data
Q2

Leila, a well-known Senator of the Republic of the Philippines


was accused of being a protector of Drug Lords in National
Bilibid Prison even before she became a Senator. She was
accused through Media News Conference, as a recipient of
drug money from these Drug Lords. They even appealed to her
for her resignation from office otherwise they will expose to
the
public
her
sex
video
with
her
longtime
driver/bodyguard/boyfriend. Leila was threatened and filed a
Petition for a Writ of Habeas Data against her accusers. Is his

remedy correct?
A
B
C

Yes, her remedy is correct. Because Leilas right to life, liberty or


property is violated or threatened by an unlawful act or omission of her
accuser by exposing her alleged sex video.
Yes, her remedy is correct. Because mere pronouncements in Media
Conference that the accusers will expose her allege sex video is a
threatening act against Leilas right to life, liberty or privacy.
No, her remedy is not correct. Unless, her accusers who
threatened to expose her sex video are public official or
employee or a private individual or entity engaged in the
gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of
Leila.
No, her remedy is not correct. Her accuser is just threatening her to
resign from office in exchange with their false information with the
public. She must file a Libel case against these persons

Q3

Assuming Leilas remedy is the correct one, where should she


file her Petition?

A
B.

Either to the Supreme Court, Court of Appeals or the Sandiganbayan;


The Regional Trial Court which has jurisdiction over the place where the
data or information is gathered collected or stored.
The Regional Trial Court where the respondent or petitioner
resides.
The Metropolitan/Municipal Trial Court where the respondent or
petitioner resides.
B and C

C
D
E

Clerical Error Act


Q4

In RA 10172 or the Clerical Error Act, what can be validly


corrected without going to the court?

Mistake committed in the performance of clerical work in


writing, copying, transcribing or typing an entry in the civil
registry on the entry of day and month in the date of birth or
the sex of the person, which is visible to the eye or obvious to
the understanding and can be corrected or changed only by
reference to other existing records.
Mistake committed in the performance of clerical work in writing,
copying, transcribing or typing an entry in the civil registry on the
entry of day and month in the date of birth, which is visible to the eye
or obvious to the understanding and can be corrected or changed only
by reference to other existing records.
Names which are ridiculous, tainted with dishonor or extremely difficult
to write or pronounce.
Change of Surname as a result of a valid adoption.

C
D

Paper Rule
Q5

Under the Efficient Use of Paper Rule the following margins


and prints should be followed

A left hand margin of 1.5 inches from the edge; an upper


margin of 1.2 inches from the edge; a right hand margin of 1.0
inch from the edge; and a lower margin of 1.0 inch from the
edge. Every page must be consecutively numbered.
A left hand margin of 1.5 inches from the edge; an upper margin of 1.5
inches from the edge; a right hand margin of 1.0 inch from the edge;
and a lower margin of 1.0 inch from the edge. Every page must be
consecutively numbered.
A left hand margin of 1.5 inches from the edge; an upper margin of 1.2
inches from the edge; a right hand margin of 1.2 inch from the edge;
and a lower margin of 1.0 inch from the edge. Every page must be
consecutively numbered.
A left hand margin of 1.5 inches from the edge; an upper margin of 1.2
inches from the edge; a right hand margin of 1.0 inch from the edge;
and a lower margin of 1.0 inch from the edge. Every page must be
consecutively numbered in letters.

Adoption
Q6

Can an adopter validly


approved by the court?

A
B

Yes, provided that the rescission be done judicially.


Yes, provided that the rescission is done judicially accompanied by
consent from the adoptee filed within a reasonable time at the
discretion of the court.
No, only the adoptee can rescind the adoption, for the reason
of adoption, being in the best interest of the child. The adopter
may only disinherit the adoptee for causes provided in Article
919 of NCC.
No, the adopter may rescind only the adoption for causes provided in
Article 919 of NCC.

rescind

the

adoption

previously

Q7

May a foreigner adopt in the Philippine?

A
B

No, adoption is given only to Philippine Nationals.


No, foreigner may not adopt under the Best Interest of the Minor
rule.

C
D

Yes, provided his country has a diplomatic relations with the


Philippines, at least 27 years of age, and same qualifications
for the adopter in domestic adoption laws.
Yes, but with respect to a former Filipino only, who is permanently
residing abroad.]
Habeas Corpus

Q8

What exceptional circumstance should be present before a


post-conviction remedy of a Petition of Habeas Corpus is filed?

There has been a deprivation of a constitutional right resulting in the


restraint of a person.
The court had no jurisdiction to impose the sentence.
The imposed penalty has been excessive, thus vowing the sentence as
to such excess.
Any of the above.

B
C
D

Absentees
Q9

What is the purpose on Rule of Absentees?

A
B

For purposes of re-marriage of the other spouse.


For purposes of appointing an administrator over the
properties of the absentee.
For purposes of liquidation of the properties of the absentee and giving
support to minor children.
For purposes of settlement of the outstanding debts with the creditors,
which is already due and demandable.

C
D

Appeals
Q10

In appeal of Special Proceedings case, what are the rules on


advance distribution?

Parts of the properties of the decedent upon valid cause may be


distributed even on appeal for purposes of support to the minor heirs,
if any.
The court in its discretion and upon such terms as it may deem
just and proper permits parts of the estate as may not be
affected by the controversy or appeal to be distributed among
the heirs, legatees or devisees.
Obligation to pay the debts may be distributed as an advance
distribution pending appeal, provided that the debts are already due
and demandable.
Advance Distribution of the properties of the decedent may be effected
pending appeal, provided a reasonable bond is posted by the
administrator/executor.

C
D

MCQs in Criminal Procedure


Q1

What is the rule on appeal from Regional Trial Court imposing a


penalty of death with the Court of Appeals?

No notice of appeal is necessary. The Court of Appeals shall


automatically review the judgment of the Regional Trial Court.
A notice of appeal may be filed first, in order for the clerk of court to
transmit the records of the case with the Court of Appeals.
No notice of appeal is required. The case will be automatically
transmitted with the Court of Appeals for review.
Although no notice of appeal is required, automatic review may be
done only if the interest of justice so requires.

B
C
D

Q2

If there are several accused, what is the effect of an appeal?

An appeal taken by one or more of several accused shall not affect


those who did not appeal, except in so far as the judgment of the
appellate court is favorable to the latter.
The appeal of the offended party from the civil aspect shall not affect
the criminal aspect of the judgment or order appealed from.
Upon perfection of the appeal, the execution of the judgment or final
order appealed from shall be stayed as to the appealing party.
All of the above.
A & C only.

B
C
D
E
Q3

What is the exception of the same observance of procedure


between
the
Regional
Trial
Court
and
the
Metropolitan/Municipal Trial Court and Municipal Circuit Trial
Court?

Where a particular provision applies only to either of said


courts and in criminal cases governed by the Revised Rules on
Summary Procedure.
Criminal Cases governed by the Revised Rules on Summary Procedure.
The rules requiring alternative dispute resolution (Mediation,
Arbitration, Conciliation etc.)
Application of the particular provision applies only to specific
jurisdiction

B
C
D
Q4

In an appeal before the judgment of the Court of Appeals


convicting the accused, when does the latter may move for
new trial on the ground of newly discovered evidence?

Before rendition of judgment

B
C
D

Before the decision becomes final


After order denying the Motion for Reconsideration
After the decision becomes final but before entry of judgment

Q5

Whenever the Court of Appeals in its appellate jurisdiction


finds that the penalty of death should be imposed, what the
Court of Appeals should do? (Sec 13, Rule 124)

It shall render and enter judgment imposing such penalty. The


judgment may be appealed to the Supreme Court by notice of appeal
filed with the Court of Appeals.
The Court shall render judgment but refrain from making an
entry of judgment and forthwith certified the case and elevate
its entire record to the Supreme Court for review.
The Court shall render judgment and forthwith certified the case and
elevate its entire record to the Supreme Court for review.
The court shall render judgment and the court will automatically
elevate its entire record to the Supreme Court for review.

B
C
D
Q6

If the decision of the Supreme Court en Banc is equally divided


in opinion or the necessary majority cannot be had on whether
to acquit the appellant, the case shall be again deliberated
upon and if no decision is still reached after re-deliberation,
how will the Supreme Court en Banc decide? (Sec 3, Rule 126)

A judgment of the conviction of the lower court shall be remanded to


the court a quo for further trial and presentation of additional
witnesses and necessary evidence.
The judgment of the conviction of the lower court shall be sustained
and the entry of judgment should be entered into.
The judgment of the conviction of the lower court shall be
reversed and the accused acquitted.
The judgment of the conviction of the lower court shall be remanded to
the Court of Appeals for further evaluation of the case.

B
C
D
Q7

What is the validity of Search Warrant? (Sec 10, Rule 126)

A
B
C
D

Ten (10) days from its date.


Fifteen (15) days from its date.
Seven (7) days from its date.
Thirty days (30) days from its date.

Q8

What is the requisites of the Search Warrant? (Sec 4, Rule 126)

Upon probable cause in connection with one offense to be


determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be
searched and the thing to be seized which may be anywhere in
the Philippines.

Upon probable cause in connection with two or more offenses to be


determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the thing to be
seized which may be anywhere in the Philippines.
Upon probable cause in connection with one offense to be determined
personally by the judge after examination under oath or affirmation of
the complainant he may produce, and particularly describing the place
to be searched and the thing to be seized which may be anywhere in
the Philippines.
Upon probable cause in connection with one offense to be determined
personally by the judge after examination of the complainant he may
produce, and particularly describing the place to be searched and the
thing to be seized which may be anywhere in the Philippines.

Q9

What is the purpose of allowing a warrantless search and


seizure incident to a lawful arrest? (Pp V Calantiao, 2014)

To protect the persons near the place of the arrest from being harmed
by the person arrested, who might be armed with a concealed weapon
and to prevent the latter from destroying evidence within reached.
To protect the person arrested from being harmed by the arresting
officer to prevent the former from destroying evidence within reached.
To protect the arresting officer from being harmed by the person
arrested, who might be armed with a concealed weapon and to prevent
the latter from being escaped.
To protect the arresting officer from being harmed by the
person arrested, who might be armed with a concealed weapon
and to prevent the latter from destroying evidence within
reached.

B
C
D

Q10

Searches to prevent the occurrence of a crime?

A
B
C
D

Valid Search.
Searche incidental to a lawful arrest.
Stop and Frisk Search.
Civilian Search.
MCQs in Evidence

Q1

The greater or superior weight of evidence. It is the evidence


that is more convincing and more credible than the one offered
by the adverse party. (Habagat Grill V. Urban Property
Developer, Inc., 454 Scra 653)

A
B
C
D

Substantial Evidence
Clear and Convincing Evidence
Preponderance of Evidence
Proof Beyond Reasonable Doubt

Q2

To persuade the preponderance, what should be consider? (Mc


Donald V. Union Pacific 109 Utah 493)

A
B
C
D

To take both quantitative and qualitative evidence.


Not to take the evidence quantitatively but qualitatively.
to take quantitative evidence only.
Not to take the evidence qualitatively but quantitatively.

Q3

It is the state of the case which, after a comparison of all the


evidence, does not lead the judge to have in his mind, a moral
certainty of the truth of the charge. (Pp V Calma, 295 Scra 629)

A
B
C
D

Reasonable Doubt
Guilt of the accused
Uncertainty of Evidence
Weight and Sufficiency of Evidence

Q4

In jurisprudence, what is the well-entrenched rule before the


conviction of the accused be sustained? (Basilio V Pp GR No.
180597, Nov. 7, 2008)

It is not the weaknesses of the defense, but on the strength of


the prosecution to prove the guilt beyond reasonable doubt,
not on the accused to prove his innocence.
It is not the weaknesses of the prosecution, but on the strength of the
defense to prove the guilt beyond reasonable doubt, not on the
accused to prove his innocence.
The want of interest of the witnesses and their personal credibility so
far as the same may ultimately appear in the trial.
The party having the burden of proof must establish his case.

B
C
D
Q5

The amount of relevant evidence which a reasonable mind


might accept as adequate to justify a conclusion. (Sec 1, Rule
133)

A
B
C
D

Clear and Convincing Evidence


Preponderance of Evidence
Guilt Beyond Reasonable Doubt
Substantial Evidence

Q6

In Agrarian cases, what quantum of proof is required?(Heirs of


E.B. Roxas Inc. V Tolentino, 167 Scra 334)

A
B
C
D

Preponderance of Evidence.
Substantial Evidence.
Clear and Convincing Evidence.
Proof Beyond Reasonable Doubt.

Q7

What quantum of evidence needs to prove in case of forgery?


(Domingo V. Robles G.R. No. 153743, Mar. 18, 2005)

Proof Beyond Reasonable Doubt, whoever alleges it has the burden of


proving the same.
Clear and Convincing Evidence since forgery cannot be
presumed: hence, it was incumbent upon petitioner to prove it.
Substantial Evidence, in order to justify the allegations of it.
Proof Beyond Reasonable Doubt, because forgery is a crime.

B
C
D
Q8

What kind of evidence is required in an allegation of frame up


and extortion by police to substantiate their defense of
instigation? (Pp. V Boco, 309 Scra 42)

A
B
C
D

Preponderance of Evidence.
Substantial Evidence.
Clear and Convincing Evidence.
Proof Beyond Reasonable Doubt.

Q9

A notarized instrument, enjoys the presumption of due


execution hence, what quantum of evidence is required in
order to overcome such presumption? (Viaje V Pimentel G.R.
No. 147792 Jan 23, 2006)

A
B
C
D

Preponderance of Evidence.
Substantial Evidence.
Clear and Convincing Evidence.
Guilt of Notary Public beyond reasonable doubt.

Q10

The Labor Code provides that an employer may terminate the


services of an employee for just cause and this must be
supported by what kind of evidence? (Tangko V. Manufacturers
Life Insurance Co., G.R. No 167622, Nov. 7, 2008)

Lower than Preponderance of Evidence but higher than Substantial


Evidence.
Substantial Evidence.
Clear and Convincing Evidence.
Preponderance of Evidence.
MCQs OF RITA LIM SENO-OGBINAR
1. SPECIAL PROCEEDINGS (RULE 99-109)

B
C
D

1. A person desiring to adopt another or have the custody of


minor shall present his petition to the Court of First Instance of
the province, or the municipal or justice of the peace court of
the city or municipality
(a) In which he domiciles
(b)In which he resides
(c) In which he works

(d) In which he transfers.


2. The petition for adoption shall contain the same allegations
required in a petition for guardianship, to wit except one:
(a) The jurisdictional facts
(b) The qualification of the adopter
(c) The identification of the testator
(d) The name, age and residence of the person to be adopted and of
his relatives or of the persons who have been under his care.
3. If the petition and consent filed are sufficient in form and
substance, the Court by an order reciting the purpose of the
petition shall fix a date and place for the hearing thereof which
date shall
(a) Not be more than four (4) months after the entry of the order
(b) Not be more than three (3) months after the entry of the order
(c) Not be more than six (6) months after the entry of the order
(d) Not be more than two (2) months after the entry of the order.
4. A copy of the order of hearing shall be published before the
hearing at least once a week
(a) For two (2) successive weeks in some newspaper of general
circulation published in the province, as the Court shall deemed
best.
(b)For three (3) successive weeks in some newspaper of
general circulation published in the province, as the Court
shall deemed best.
(c) For four (4) successive weeks in some newspaper of general
circulation published in the province, as the Court shall deemed
best.
(d) For six (6) successive weeks in some newspaper of general
circulation published in the province, as the Court shall deemed
best.
5. When husband and wife are divorced and living separately and
apart from each other, the question as to the care, custody and
control of a child or children of their marriage is brought
(a) Before the MTC
(b) Before the Court of Appeals
(c) Before the Regional Trial Court
(d) Before the Supreme Court
6. The reasons why the child should not be taken from its parents
if living parents should show cause that they do not commit
the following:
(a) Reason of long absence or legal or physical disability have
abandoned it;
(b)Can adequately support the child through vagrancy;
(c) Negligence or misconduct;
(d) Treat it with excessive harshness, give it corrupting orders, counsels
or examples allowing it to engage in begging to commit offenses
against the law.
7. For the best interest of the child, vagrant and abused children
should be removed from parents are harsh, maltreating and
offending and should ultimately place them to

(a) Suitable orphan asylum


(b) Benevolent society or person
(c) Childrens Home
(d)All of the above
8. The adopter may petition court for the rescission or revocation
of adoption on any of the following cases except:
e. If adopted person has attempted against the life of adopter
f. When adopted minor has abandoned the home of the adopter for
more than three (3) years
g. When the adopted person has repudiated adoption;
h. When adopted person condones all the offenses of adopter.
9. The Court in which the petition is filed shall issue an order
requiring the adverse party to answer the petition within
(a) Within ten (10) days
(b) Within five (5) days
(c) Within fifteen (15) days
(d) Within thirty (30) days from receipt of copy thereof.
10.
The petition for hospitalization of insane person shall be
filed
e. By the Director of Health
f. By the Barangay Captain
g. By the Natural Parents
h. By the Adopter.

(e) CRIMINAL PROCEDURES (RULE 110-127)


1. The complaint of information shall be in writing in the name of
(a) John Doe
(b)President of the Philippines
(c) People of the Philippines
(d) Barangay Captain in charge of the place where the offense was
committed.
2. What are the crimes that can not be prosecuted de officio
except one?
(a) Concubinage and Adultery
(b) Seduction, abduction and acts of Lasciviousness
(c) Defamation
(d)Murder
3. What is the nature of Pre-trial?
(a) Optional
(b)Mandatory
(c) Voluntary
(d) Discretionary
4. It is the formal mode of implementing the constitutional right
of the accused to be informed of the nature of the cause of the
accusation against him.
(a) Arrest
(b) Arraignment

(c) Plea
(d) Promulgation
5. After a judgment has become final and executory, the following
may constitute the remedy of the losing party. Identify the
proper remedy.
(a) Petition for relief
(b) Action to annul judgment
(c) Motion for new trial and reconsideration
(d) (a) and (b)
6. All are lawful except one:
(a) warrantless arrest
(b)warrantless search
(c) Search incidental to a lawful arrest
(d) Arrest incidental to a lawful search
7. When is a Preliminary Investigation required?
(a) In all cases regardless of the penalty for the offense charged
(b) In cases where the penalty for offense charged is below four (4)
years, two (2) months and one(1) day of prision correctional
(c) In cases where the minimum penalty for the offense
charged is four (4) years, two(2) months and one(1) day of
prision correctional.
8. When shall arraignment be suspended?
(a)If there exist a prejudicial question
(b) If the accused appears to be suffering from an unsound mental
condition
(c) If a petition for review of the resolution of the prosecutor is pending
at either the Department of Justice of the Office of the President
(d) All of the above
9. In the Court of Appeals, a motion for a new trial
(a) Is a prohibited pleading
(b) Can be filed on any ground
(c) Can be filed only on the ground of newly discovered
evidence
10.
The unjustified absence of the plaintiff from a hearing is
ground for the dismissal of his action, if the hearing is:
(a)For the presentation of the evidence in chief on his
complaint
(b) For the hearing of his rebuttal evidence
(c) For the presentation of his evidence of the adverse party.
(f) EVIDENCE
1. In a case for petition for a writ of habeas data, when may the
court hear the case in chambers?
(a) When the respondent invokes the defense that the data or
information is under the mantle of executive privilege;
(b)When the respondent invokes the defense that the release
of the data or information in question shall compromise
national security or state secrets or when the data can not

2.

3.

4.

5.

6.

7.

8.

be divulged to the public due to its nature or privileged


character;
(c) When the respondent invokes the provision for the confidentiality of
the proceedings under the Rule on the Writ of Habeas Data;
(d) When the witness to be presented is a government official of high
position or rank.
Who may not grant a Writ of Habeas Corpus?
(a) Any RTC judge
(b)Any member of the CTA
(c) Any member of the CA
(d) Any member of the Supreme Court
In a Writ of Habeas Corpus, what should the court issue where
the person is detained under governmental authority and the
illegality of his detention is not patent from the petition of the
writ?
(a) Order of Release
(b)Preliminary Citation
(c) Peremptory Writ
(d) Warrant of Commitment
When can the Sandiganbayan issue a writ of Habeas Corpus?
(a) In all cases falling within their exclusive jurisdiction
(b)Only in aid of its appellate jurisdiction
(c) Only in cases falling within their original jurisdiction
(d) In all cases falling within their concurrent jurisdiction
The testimony of a child witness is:
(a)Admissible even if hearsay
(b) Not admissible if hearsay
(c) Sufficient to convict an accused even if hearsay
(d) Admissible only after his competency is established.
Who may not be excluded from the proceedings of the case?
(a)Parties to the action or the accused in the criminal case;
(b) Expert witnesses
(c) Rebuttal witnesses
(d) All of the above
A witness can testify only to those facts which he knows of his
personal knowledge, except
(a) Dying declaration
(b) Admission by silence
(c) Opinion of expert witness
(d) All of the above
Before any private document offered as authentic is received
in evidence, its due execution and authenticity must be proved
by:
(a)Presenting anyone who saw the document executed or
written or by evidence of the genuineness of the signature
or handwritten of the maker;
(b) Presenting the original of the private document to comply with the
best evidence rule;
(c) Presenting the person in whose custody the private document is
found;

(d) Presenting at least one witness to testify on the contents of the


private document.
9. What is the extent of the cross-examination of a witness?
(a) To any matters relevant to the theory of the adverse partys case;
(b) To any matters relevant to all issues raised in the case;
(c) To any matters stated in the direct examination; to any
matter connected therewith; to test his accuracy,
truthfulness and freedom from interest, bias or the reverse;
and to elicit all important facts bearing upon the issue;
(d) To any matters covered only in the direct examination.
10.
Is a carbon copy of a document regarded as original
document under the Best Evidence Rule?
(a) Yes. When an entry is repeated in the regular course of business,
one being copied from another at or near the time of the
transaction, all the entries are likewise equally regarded as
original;
(b)Yes. When a document is in two or more copies executed
at or about the same time, with identical contents, all
such copies are equally regarded as originals;
(c) Yes. When the original document has been lost or destroyed or
can not be produced in court.
(d) Yes. When the original document is in the custody or under the
control of the adverse party and fails to produce it despite
reasonable notice.

MCQ REMEDIAL LAW REVIEW II


Atty. Christian Kit Villasis
Special Proceedings
1. Which among the following is not a rule on Belated Claims?
A. Belated claims may be filed even beyond the period fixed by the court on
application of a creditor who has failed to file his claim within the time
previously limited, at any time before an order of distribution is entered, the
court may, for just causes, allow such claim to be filed not exceeding 1 month
from the order allowing belated claims.
B. Belated claims may be filed even beyond the period fixed by the court
where the estate filed a claim against the creditor or claimant who failed to
present his claim against the estate within the period fixed by the probate
court for the settlement of such claims, the creditor will be allowed to set up
the same as a counterclaim to the action filed by the estate against him.
C. Statute of non-claims supersedes the Statute of Limitations insofar as the
debts of deceased persons are concerned because if a creditor fails to file his
claim within the time fixed by the court in the notice, then the claim is barred
forever.
D. Both statute of non-claims and statute of limitations need not concur in
order for a creditor to collect.
2. X filed a claim in the intestate proceedings of D. Ds administrator
did not allege any claim against X by way of offset, can

Ds administrator prosecute the claim in an independent


proceeding?
A. Yes, Ds administrator can prosecute the claim in an independent
proceeding since the claim of X was disallowed. If X had a valid claim
and Ds administrator did not allege any claim against X by way of
offset, his failure to do so would bar his claim forever.
B. Yes, Ds administrator cannot prosecute the claim in an independent
proceeding since the claim of X was disallowed. If X had a valid claim
and Ds administrator did not allege any claim against X by way of
offset, his failure to do so would bar his claim forever.
C. No, Ds administrator can prosecute the claim in an independent
proceeding since the claim of X was disallowed. If X had a invalid
claim and Ds administrator did not allege any claim against X by
way of offset, his failure to do so would bar his claim forever.
D. No, Ds administrator cannot prosecute the claim in an independent
proceeding since the claim of X was disallowed. If X had a valid claim
and Ds administrator did allege any claim against X by way of offset,
his failure to do so would not bar his claim forever.
3. The proper venue in a petition to declare as escheated a parcel of
land owned by a resident of the Philippines who died intestate and
without heirs or persons entitled to the property.
A. The venue of the escheat proceedings of a parcel of land in this case is the
province wherein he had his estate.
B. The venue of the escheat proceedings of a parcel of land in this case is
the place where the deceased last resided.
C. The venue of the escheat proceedings of a parcel of land in this case is the
place where the land lies in whole or in part.
D. The venue of the escheat proceedings of a parcel of land in this case is the
place where any of property is located at the election of decedent stated in
the will.
4. The proper venue in a petition for the appointment of an
administrator over the land and building left by an American
citizen residing in California, who had
been
declared
an
incompetent by an American court.
A. MTC of the place where his property or part thereof is situated.
B. RTC of the place where his property or part thereof is situated.
C. MTC of the place where the ward resides.
D. RTC of the place where the ward resides.
5. Suppose the property of D was declared escheated on January 3,
2000 in escheat proceedings brought by the Solicitor General. In
2016, X, who claims to be an heir of
D,
filed
an
action
to
recover the escheated property. Is the action viable?
A. No, the action is not viable. The action to recover escheated property must
be filed within five (5) years from the date of filing a petition or be forever
barred.
B. No, the action is not viable. The action to recover escheated property must
be filed within five (5) years from the date of acquisition by the State or be

forever barred.
C. No, the action is not viable. The action to recover escheated property must
be filed within five (5) years from the date of publication or be forever barred.
D. No, the action is not viable. The action to recover escheated property
must be filed within five (5) years from July 1, 1990 or be forever barred.
6. Actions which may not be commenced directly against the
executor or administrator.
A. Recovery of real or personal property or any interest therein from the
estate.
B. Enforcement of lien
C. Action to recover damages for any injury to person or property limited to
specific property.
D. Action for revival of money judgment.
7. Is execution the proper remedy to satisfy an approved claim?
A. No. A writ of execution is not the proper procedure to satisfy debts. The
court must order the sale or mortgage of the properties of decedent, the
proceeds of which will satisfy the debts and expenses.
B. No. A writ of execution is not the proper procedure to satisfy debts.
Payment proving a claim creates a lien upon property of the estate.
C. Yes. A writ of execution is the proper procedure to satisfy debts. It is the
remedy afforded by the rules for the satisfaction of judgment.
D. No. A writ of execution is not the proper procedure to satisfy debts since
special procedure is for the executor or administrator to agree on the sale of
property to satisfy the claim.
8. A, B and C, the only heirs in Ds intestate proceedings,
submitted a project of partition to the partition,
two
lots
were
assigned
to
C,
who immediately entered into the
possession of the lots. Thereafter, C died and proceedings for the
settlement of his estate were filed in the RTC-Quezon City. Ds
administrator then filed a motion in the probate court (RTC-Manila),
praying that one of the lots assigned to C in the project of partition
be turned over to him to satisfy debts corresponding to Cs
portion.
The motion was opposed by the administrator of Cs
estate. How should the RTC-Manila resolve the motion of Ds
administrator?
A. The motion of Ds administrator should be granted. Probate court cannot
issue writs of execution.
B. The motion of Ds administrator should be denied. Allowing the motion will
lose the jurisdiction of the probate court
C. The motion of Ds administrator should be granted. The assignment of the
two lots to C was premature because the debts of the estate had not
been fully paid.
D. The motion of Ds administrator should be denied. Probate court has the
authority to order writ of possession for the recovery of the share by an heir
from the executor or administrator.
9. What is the effect of the death of the accused after final appeal?

A. If levy has already been made before his death, judgment must be filed
against the estate of the deceased.
B. Claim is extinguished by death and shall prosecute as money claims
against the estate of the deceased.
C. Personal claims to either party are extinguished by death.
D. Pecuniary liabilities of the accused are not extinguished. Claims shall be
filed against the estate of the accused
10. What is the time within which claims against estate shall be
filed?
A. Within five (5) years from the death of the decedent.
B. Within four (4) years if death of decedent was due to danger of death
under extraordinary circumstances.
C. Not more than twelve (12) months nor less than six (6) months after the
date of first publication.
D. Not more than twelve (12) months nor less than six (6) months from the
time of the death of the decedent.

Criminal Proceedings
1. Alex was charged with theft of an article worth P15,
000.00. Upon being arraigned, he pleaded not guilty to the offense
charged. Thereafter, before trial commenced, he asked the court
to allow him to change his plea of not guilty to a plea of guilty but
only to estafa involving P5,000.00. Can the court allow Alex to
change his plea?
A. Yes. Consent of Alex is required before a plea of guilty
B. No. A plea of guilty to a lesser offense may be allowed if the lesser offense
is necessarily included in the offense charged. Estafa involving P5,000.00 is
not necessarily included in theft of an article worth P15,000.00.
C. No. Because double jeopardy sets in.
D. Yes. It is the constitutional right of Alex to change his plea of not quilty to
plea of guilty, provided plea is made with the presence of his counsel and
must be made in writing.
2. What is the effect of absence of preliminary investigation?
A. It does not become a ground for a motion to quash the complaint or
information.
B. It does not affect the courts jurisdiction.
C. It does not impair the validity of the information or render it defective.
D. It does not justify the release of the respondent or nullify the warrant of
arrest against him.

E. All of the above


F. None of the above
3. What is meant by Res Judicata in Prison Grey?
A. The criminal counterpart of bar by former judgment or direct estoppel by
judgment.
B. the Scale of Justice shall tilt in favor of the accused.
C. We will not prosecute.
D. The criminal concept of double jeopardy.
4. While X has posted bail, he has yet to be arraigned. X revealed to
you that he has not been investigated for any offense and that it
was only when police officers showed up at his residence with a
warrant of arrest that he learned of the pending case against him.
He wonders why he has been charged before the Sandiganbayan
when he is not in government service. What remedy would you
invoke in Xs behalf to address the fact that he had not been
investigated at all?
A. I will file a Motion to Quash on the ground that the Sandiganbayan has no
jurisdiction over the person of the accused.
B. I will file a motion of bill of particulars to enable him to properly plead and
prepare for trial.
C. I will file an appeal by way of petition for review with the Secretary of
Justice.
D. I will file a motion for reconsideration or motion for new trial, as the case
may be.
5. 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.
6. Below are three (3) distinctions between a pre-trial in a criminal
case and a pre-trial in a civil case, which one is not?
A. In a criminal case, a pre-trial agreement is required to be reduced
to writing and signed by the accused and his counsel while in a civil case,
the agreement may be contained in the pre-trial order.
B. In a criminal case pre-trial brief is required only requirement if attendance
is complied with whereas in civil case pre-trial brief is required.
C. The pre-trial in a criminal case does not consider the possibility of a
compromise, which is one important aspect of the pre-trial in a civil
case.
D. The pre-trial in a criminal case is conducted only "where the accused and
counsel agree" while the pre-trial in a civil case is mandatory.

7. 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. A witness so discharged must still apply for the enjoyment of rights and
benefits of the DOJ.
C. A demurrer to evidence may be filed without leave of court in a criminal
case.
D. A defendant need not ask for leave of court in a civil case.
E. None of the above.
F. All of the above.
8. 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.
F. All of the above.
9. Kanor, the accused in a homicide case before the RTC. Ting
Gil,
was
personally
notified
of
the promulgation of
judgment in his case set for December 10, 2016. On said date.
Kanor was not present as he had to attend to the trial of another
criminal case against him in Matnog, Sorsogon. How shall the court
promulgate the judgment in the absence of the accused?
A. In the absence of the accused, the promulgation shall be made by
recording the Judgment in the criminal docket and a copy thereof served
upon the accused or counsel.
B. The promulgation shall be made provided the accuseds counsel or
representative must stand in for him.
C. Archived the case.
D. The court will reset the hearing and order the counsel of Kanor to present
him in the next hearing. Otherwise both Kanor and his counsel will be subject
to contempt.
10. What is recantation? Is it a ground for new trial?
A. Recantation is the public and formal withdrawal of a witness of his prior
statement, it is a ground for granting a new trial and are is given much
weight
B. Recantation is the public and formal withdrawal of a witness of his prior
statement, it is not a ground for new trial because it makes a mockery of the
court and would place the investigation of truth at the mercy of unscrupulous
witness.
C. Recantation is the informal withdrawal of a witness of his prior statement,
it is not a ground for granting a new trial and is hardly given weight.
D. Recantation is the informal withdrawal of a witness of his prior statement,

it is a ground for new trial because it makes a mockery of the court and would
place the investigation of truth at the mercy of unscrupulous witness.

Evidence and other Special Laws


1. Under the Rules on Evidence, the following is a conclusive
presumption and therefore cannot be contradicted by evidence.
A. Estoppel in pais.
B. Estoppel by deed.
C. A tenant cannot deny his landlord's title during the tenancy period.
D. Laches.
E. None of the above.
F. All of the above.
2. What
is
the
difference
between
an
offer
of
testimonial evidence and an offer of documentary evidence?
A. Testimonial evidence is always being offered as many times as allowed by
the court whereas Documentary evidence is offered only once.
B. An offer of testimonial evidence is made at the time the witness is called
to testify, while an offer of documentary evidence is made after the
presentation of a partys testimonial evidence.
C. Testimonial evidence is offered only once on the other hand Documentary
evidence is always being offered as many times as possible as long as
evidence is available and admissible.
D. An offer of testimonial evidence is made at the time the witness is called
to testify, while an offer of documentary evidence is made before the
presentation of a partys testimonial evidence.
3. What
is
the
difference,
if
any,
between
the
conciliation proceedings under the Katarungang Pambarangay
Law and the negotiations for an amicable settlement during
the pre-trial conference under the Rules of Court?
A. No difference.
B. In the Katarungang Pambarangay Law, failure to resort to conciliation is not
a ground for motion to dismiss whereas failure to resort conciliation in

negotiation for and amicable settlement during pre-trial conference is a


ground for motion to dismiss.
C. Mediation in Katarungang Pambarangay is mandatory while mediation in
pre-trial conference is discretionary.
D. Under the Katarungang Pambarangay Law and the negotiations for
an amicable settlement during the pre-trial conference under the Rules of
Court is that in the former, lawyers are prohibited from appearing for the
parties. Parties must appear in person only except minors or incompetents
who may be assisted by their next of kin who are not lawyers.
4. What
is
the
object
of
the
Katarungang
Pambarangay Law?
A. To effect an amicable settlement of disputes among family and
barangay members at the barangay level without judicial recourse
B. To consequently help relieve the courts of docket congestion.
C. To reduce the number of court litigations.
D. To prevent the deterioration of the quality of justice which has been
brought about by the indiscriminate filing of the courts.
E. None of the above
F. All of the above
5. Under the Rules on Examination of a child witness, a child witness
is one:
A. Who is over 18 years of age at the time of the giving of testimony but is
found by the court as unable to fully take care of himself
B. Who is over 18 years of age at the time of the giving of testimony but is
found by the court as unable to protect himself from abuse, neglect, cruelty,
exploitation, or discrimination
C. Who is below 18 years of age at the time of the giving of testimony.
D. Who are below 18 years of age consider as victims, accused and witness to
a crime.
E. None of the above
F. All of the above
6. When may the court order that the testimony of the child be taken
by live-link television?
A. If there is a substantial likelihood that the child would suffer trauma from
testifying in the presence of the accused, his counsel or the prosecutor as the
case may be.
B. If the child is considered as a hostile witness.
C. The court may allow the child to testify in live-link television if acquired the
consent of parents.
D. The court may order the testimony of the child be taken by live-link
television only if the life and identity of the child is in danger.
7. Under the Rules of Electronic Evidence, admissibility of an
electronic evidence refers to the following, except:
A. Whenever a rule of evidence refers to the term writing, document,
record, instrument, memorandum or any other form of writing, such
term shall be deemed to include an electronic document as defined in

these Rules.
B. An electronic document is admissible in evidence if it complies with the
rules on admissibility prescribed by the Rules of Court and related
laws.
C. An electronic document is admissible in evidence if it is authenticated in
the manner prescribed by the Rules of Electronic Evidence.
D. The authenticity of any private electronic document must be
proved by evidence that it had been privately and manually signed and
other appropriate security measures have been applied.
8. The Rules of Electronic Evidence shall apply:
A. Only to all criminal and civil actions but not in quasi-judicial and
administrative actions.
B. Apply to all criminal and civil, actions as well as quasi-judicial and
administrative actions.
C. Only to all quasi-judicial and administrative actions but limited to specific
actions in civil and criminal cases.
D. Apply only to all civil and criminal actions and proceedings.
9. The following are the factors that the courts may consider in
applying the precautionary principle, except:
A. Threats to human life or health.
B. Inequity to present or future generations.
C. Prejudice to the environment without legal consideration of the
environmental rights of those affected.
D. Calls for the exercise of military precaution in the face of risk and
uncertainty.
10. Which among the enumeration is a prohibited pleading under the
Rules of Procedure for Environmental Cases?
A. Motion to dismiss
B. Motion for extension of time to file return
C. Motion for postponement
D. Motion for a bill of particulars
E. None of the above
F. All of the above

REMEDIAL LAW II
Atty. Villasis
Lorina I. Bernardo
Rule 72-85
1. Which is not a special writ issued by the Supreme Court?
a. Writ of Kalikasan

b.
c.
d.
e.

Writ of
Writ of
Writ of
Writ of
Ans: B

Replevin
Habeas Corpus
Habeas Data
Amparao

2. Jurisdiction of estate of deceased persons in Metro Manila is


within the jurisdiction of MTC where the gross value of estate
does not exceed _____; otherwise, RTC.
a. 450,000
b. 300,000
c. 400,000
d. 250,000
e. 350,000
Ans: C
3. Jurisdiction of estate of deceased persons outside Metro Manila is
within the jurisdiction of MTC where the gross value of estate
does not exceed _____; otherwise, RTC.
a. 300,000
b. 400,000
c. 250,000
d. 350,000
e. 200,000
Ans: A
4. _______ is a proceeding where the decedent had left no will and
no debts, and the heirs adjudicate the estate among themselves
without seeking letters of administration.
a. Summary Settlement
b. Judicial Settlement
c. Extrajudicial Settlement
d. Foreclosure
e. Liquidation of Estate
Ans: C
5. Which may not be determined by the probate court?
a. Recognition of a natural child
b. Matters incidental or collateral to the settlement and
distribution of the estate.
c. Validity of disinheritance effected by the testator
d. Status of a woman who claims to be the lawful wife of the
decedent
e. Validity of adoption proceedings
Ans: E

6. _____ a kind of affidavit required to be executed by the sole heir


of a deceased person in adjudicating to himself the entire estate
left by the decedent filed in the office of the Registry of Deeds
a. Affidavit of Loss
b. Affidavit of Heirship
c. Affidavit of Adverse Claim
d. Affidavit of Self-adjudication
e. Affidavit of Declaration of Ownership
Ans: D
7. The following may file a petition for the allowance of a will,
except:
a. Executor
b. Any creditor
c. Testator himself during his lifetime
d. Devisee or Legatee named in the will
e. Court administrator
Ans: E
8. ____ is the person nominated by a testator to carry out the
directions and requests in his will and to dispose of his property
according to his testamentary provisions after his death.
a. Administrator
b. Executor
c. Creditor
d. Legatee
e. Devisee
Ans: B
9. The duty of administrator upon revocation of the letters of
administration: a. To surrender the letters to the court; b. Render
account whenever time permits.
a. Both statements are true
b. Both statements are false
c. The first statement is true; the second statement is false
d. The first statement is false; the second statement is true
Ans: C
10.
If no creditor files a petition for letters of administration
within ___ years after the death of the decedent, it is presumed
that the estate left no debts.
a. 2 years
b. 1 year
c. 3 years

d. 5 years
Ans: A
Rule 110-115
11.
Preliminary investigation is required for: a) offenses where
the penalty prescribed by law is at least 4 years, 2 months, and 1
day; b) with a fine of more than 6,000 pesos.
a. Both statements are true
b. Both statements are false
c. The first statement is true; the second statement is false
d. The first statement is false; the second statement is true
Ans: C
12.
Injunction may be issued to restrain criminal prosecution
a. Yes. Criminal prosecution may be restrained or restrained by
injunction.
b. No. Criminal prosecution may not be restrained due to public
interest for the protection of society.
c. Yes. It is allowable by law.
Ans: B
13.
An information must be in writing, charging a person with
an offense, subscribed by the _______, and filed in court.
a. Prosecutor
b. Offended party
c. Defendants lawyer
d. Offender
Ans: A
14.
_______ means the joinder of 2 or more separate and
distinct offenses in one and the same information or complaint.
a. Amendment
b. Complaint
c. Information
d. Rejoinder
e. Duplicity of offenses
Ans: E
15.
The following are requisites of double jeopardy, except:
a. The complaint or information charges 2 or more offenses
b. The accused had been arraigned and the accused had entered a
valid plea
c. There was final judgment of conviction or acquittal or the case
was dismissed without the express consent of the accused

d. D. a subsequent information or complaint was filed containing


the same offense, an attempt or frustration to commit it.
Ans: A
16.
As a general rule, when a criminal action is instituted, the
civil action for the recovery of civil liability arising from the
offense shall be deemed instituted with the criminal action.
a. The statement is true
b. The statement is false
c. The statement is true with exceptions
Ans: C
17.
If the accused dies during appeal, his civil and criminal
liabilities still subsist. If the accused dies after final judgment, the
pecuniary liabilities of the accused are not extinguished.
a. Both statements are true
b. Both statements are falls
c. The first statement is true; the second statement is false
d. The first statement is false; the second statement is true
Ans: D
18.
____ is an inquiry or proceeding to determine whether there
exists sufficient ground to engender a well-founded belief that a
crime has been committed and that the respondent is probably
guilty thereof and should be held for trial.
a. Special proceeding
b. Custodial investigation
c. Preliminary Investigation
d. Execution of warrant
Ans: C
19.
a.
b.
c.
d.
e.

Bail may be in the form of the following, except:


Corporate Surety
Property Bond
Cash Bond
Mortgage
Recognizance
Ans: D

20.
No bail may be allowed after final judgment.
A. True
B. False
Ans: B
Rule 128 - 130

21.
______ consists of writings or any material containing
letters, words, numbers, figures, symbols or other modes of
written expressions offered as proof of their contents.
a. Documentary evidence
b. Object Evidence
c. Material Evidence
d. Relevant Evidence
Ans: A
22.
It refers to a mistake which happens when a party, having
full knowledge of the facts, comes to an erroneous conclusion as
to their legal effect
a. Mistake of fact
b. Mistake of law
c. Palpable mistake
d. Negligence
Ans: B
23.
Religious or political belief or interest in the outcome of the
case or conviction of the crime shall be a ground for
disqualification. All persons who can perceive and perceiving or
can make known their perception to others may be a witness.
a. Both statements are true
b. Both statements are false
c. The first statement is true; the second statement is false
d. The first statement is false; the second statement is true
Ans: D
24.
The following are requisites for survivorship disqualification
rules, except:
a. The witness is a party or assignor of a party to a case or
persons in whose behalf a case is prosecuted
b. The subject matter of the testimony refers to any matter of
fact which occurred before the death of such deceased person
or before the death of such deceased person or before he
became of unsound mind
c. The action is against an executor or administrator or other
representative of a deceased person or of unsound mind.
d. The claim or subject matter is a claim against the executor.
Ans: D
25.
a.
b.
c.
d.

Privileged communication includes the following, except:


Lawyer- Client
Teacher-Student
Husband-Wife
Priest-Penitent

Ans: B
26.
The principle provides that the rights of a party cannot be
prejudiced by an act, declaration, or omission of another.
a. Res judicata
b. Double jeopardy
c. Res Inter Alios Acta Rule
d. Res Gestae
Ans: C
27.
Trial once commenced shall continue from day to day as far
as applicable until terminated. It may be postponed for an
unlimited amount of period for a good cause.
a. Both statements are true
b. Both statements are false
c. The first statement is true; the second statement is false
d. The first statement is false; the second statement is true
Ans: C
28.
Judgment becomes final in the following circumstances,
except:
a. When the period for perfecting an appeal has lapsed
b. When the accused applies for probation
c. When the accused escapes or fleas
d. Where the sentence is totally or partially satisfied
Ans: C
29.
The following are the requisites for a motion for new trial,
except:
a. Written
b. Filed in court
c. Grounds must be stated
d. Notice must be given to the fiscal
e. If based on newly discovered evidence, it must be supported
through statement of witness made in open court
Ans: E
30.
Within ___ days from the filing of the notice of appeal, the
clerk of court with whom the notice of appeal was filed must
transmit to the clerk of court of the appellate court the complete
record of the case, together with the notice.
a. 5
b. 10
c. 15
d. 30
Ans: A