SPECIAL PROCEEDINGS

1. John died leaving property in Laoag City. At the time of his death he was a
resident living in Laoag City, although he is a citizen of Canada. After his
death his wife moved to Pangasinan, and you are a lawyer of Pangasinan.
Where would you file the case for Settlement of Estate of Deceased Person?
a. The case would then be filed in the RTC of Ilocos Norte, to the
exclusion of all other courts.
b. The case should be filed in RTC of Pangasinan, for the convenience of the
deceaseds heirs.
c. Philippine courts have no jurisdiction over the deceaseds estate, being a
Canadian citizen.
d. The case may either be filed in the RTC of Ilocos Norte, or in Pangasinan, at
the option of the heirs.

ANSWER: (A) The deceased will shall be proved, or letters of

administration granted, and his estate settled, in the RTC in the province
in which he resides at the time of his death, and if he is an inhabitant of a
foreign country, the RTC of any province in which he had his estate. The
court first taking cognizance of the settlement of the estate of a
decedent, shall exercise jurisdiction to the exclusion of all other courts
(Sec. 1).

2. George filed a petition for habeas corpus in order to recover their son from
Annie and presented witnesses to substantiate their petition. Annie claimed
on the other hand that she is the natural mother of the child. Is habeas
corpus is the proper remedy to regain custody of a minor?
a. Yes. The writ of habeas corpus is the proper legal remedy to
enable parents to regain the custody of a minor child even if the
latter be in the custody of a third person of his own free will.
b. No. The petitioner must file a separate civil action to establish a cause of
action against the respondent before a petition for writ of habeas corpus is
filed.
c. Either A and B is correct.
d. None of the above.

ANSWER: (A) The writ of habeas corpus extends to all cases of illegal
confinement or detention by which any person is deprived of his liberty, or
by which the rightful custody of any person is withheld from the person
entitled thereto.

3. The following refers to incompetent persons with whom the court may
appoint a guardian, except:
a. Those suffering from penalty of civil interdiction
b. Those guilty of crime involving moral turpitude
c. Prodigals
d. Deaf and Dumb
ANSWER: (B) The meaning of the word incompetent refers to: 1. Those
suffering from the penalty of civil interdiction; 2. Hospitalized Lepers; 3.
Prodigals; Deaf and Dumb; 4. Those of unsound mind; 5. Persons who are
not of unsound mind but by those who cannot, without outside aid cannot
take care of themselves. Those guilty of a crime involving moral turpitude
is not among those enumerated by law.

4. Liza and Ricky were married for five years. However, their union was not
blessed with a child. Ricky now seeks to adopt his illegitimate child. Liza
opposed. Can the husband proceed to adopt the child even without the
consent of his wife?
a. No. It is required for the husband and wife to jointly adopt.
b. Yes. The husband may adopt his illegitimate child even without the
consent of the spouse.
c. Yes. In case disagreement between spouses, the husbands decision shall
prevail.
d. No. The husband cannot adopt his illegitimate child as it will elevate the
status of the child to legitimacy.

ANSWER: (A) This is in consonance with the concept of joint parental

authority over the child, which is the ideal situation. The rule insures
harmony between spouses. As such, it is required that the other spouse
signify her consent thereto.

5. Cardo is a donee of an escheated property. Up to when may he file his claim?

a. 5 years from date of judgment to file a claim
b. 2 years from date of judgment to file a claim
c. 5 years from date of registration of the judgment to file a claim
d. 2 years from date of registration of the judgment to file a claim

ANSWER: (A) A person entitled to the estate of a deceased person

escheated in favour of the State has a period of five (5) years from the
date of such judgment within which to file a claim thereto with the court.
A claim not made within said time shall be forever barred.

6. Sophia was adopted by Mr. and Mrs. Chavez. On her 18 th birthday, Sophia
decided to sever ties with her adoptive parents because of repeated physical
abuse and failure to comply with parental obligations. Up to when may she
file a verified petition for rescission of adoption?
a. 5 years after reaching the age of majority
b. The adoptee cannot rescind the adoption after reaching the age of
majority
c. Within 5 years from reaching the age of majority
d. At any time before reaching the age of 21
ANSWER: (C) Sec. 21, Rule 100 provides that the adoptee must file a
verified petition within 5 years from reaching the age of majority or after
recovery from incompetency.

7. Conchita, a citizen and a resident of USA but of Filipino parentage, filed a

petition for the adoption of three minors who are the children of her deceased
brother. The mother of said children went to Italy to work; and no longer
communicated with her children nor provided them support. Is the consent of
the biological parent required in a petition for adoption?
a. No. The right of the biological parents was deemed terminated, after
abandonment and failure to comply with parental obligations have
been fully established.
b. Yes. Consent must be obtained for the purpose of claiming support
from the biological parents.
c. Yes. Consent must be obtained before parental rights and
duties may be terminated and re-established in adoptive
parents.
d. No. Mere notice is required since one of the adoptive parents is within
the fourth civil degree of consanguinity of the adoptees.

ANSWER: (C) Section 9(b) of Republic Act No. 8552, otherwise known as
the Domestic Adoption Act of 1998 provides that the written consent of
the biological parent(s) of the child, if known, or the legal guardian, or the
proper government instrumentality which has legal custody of the child is
necessary to the adoption after being properly counseled and informed of
his/her right to give or withhold his/her approval of the adoption.

8. Onyok, on behalf of the heirs of his father, urge that their action for partition
and liquidation may be maintained, notwithstanding that there are pending
obligations of the estate, subject to taking of adequate measures either for
the payment or the security of creditors. Is the contention correct?
a. Yes. The law allows the partition of the estate of a deceased person by
the heirs, judicially or through ordinary action, simultaneously with the
payment or security of creditors.
b. No. The heirs may only partition the estate among themselves
if the decedent left no debts.
c. Yes. But only after the appointment of an administrator for the purpose
of the settlement of the estate.
d. Either A or C is correct.

ANSWER: (B) Extrajudicial settlement of estate cannot be resorted to

every time. There are conditions which must be satisfied such as: 1. the
decedent left no will; 2. the decedent has no debts or his debts have been
fully paid; 3. the heirs are all of legal age or the minors are duly
represented by their judicial or legal representatives; and 4. a public
instrument is duly executed by the heirs and filed with the Register of
Deeds.

9. Boy got a life insurance policy wherein he made as beneficiary his only 3-
year-old child. After his death, his wife, Girlie immediately went to the
insurance officer to file a claim upon learning this life insurance plan. In order
to get the account for her son, how much guardianship bond does she need
to post considering that the proceeds of the insurance exceeds P50,000.00?
a. Not less than 10% of the value of property or annual income
b. Not more than 10% of the value of property or annual income
c. Nor less than 15% of the value of property or annual income
d. Not more than 15% of the value of property or annual income

ANSWER: (A) Sec. 16 of A.M. No. 03-02-05-SC or the Rule on Guardianship

of Minors provides requires parents to post a bond if the market value of
the property exceeds P50,000.00. The bond shall not be less than 10% of
the value of the properties or income.

10. In default of parents, the court may appoint a guardian for a minor
giving last preference to:
a. an older brother or sister who is over 18 years old.
b. the actual custodian over 21 years old.
c. a paternal grandparent
d. a person appointed by the court

ANSWER: (D) In default of parents or a court-appointed guardian, the

court may appoint a guardian of the person or property, or both of a
minor, observing as far as practicable, the following order of preference:
(a) the surviving grandparent. In case several grandparents survive, the
court shall select any of them taking into account all relevant
considerations; (b) the oldest brother or sister of the minor over twenty-
one years of age, unless unfit or disqualified; (c) the actual custodian of
the minor over twenty-one years of age, unless unfit or disqualified; and
(d) any other person, who in the sound discretion of the court, would
serve the best interests of the minor. (SEC. 6, A.M. No. 03-02-05-SC 2003-
05-01, Rule on Guardianship of Minors).

CRIMINAL PROCEDURE

1. Which of the following is not an exception to the rule that a complaint or

information must charge only one offense:
a. Special complex crimes
b. Crimes susceptible of being committed in various modes
c. Single act violates different statutes
d. None of the above
ANSWER: (D) The test to be applied to determine whether there are two
offenses or only one is whether each provision requires proof of a fact
which the other does not.

2. Wilson was arrested while robbing a sari-sari store. He was brought to the
police station and after an inquest hearing, an information was filed against
him. Wilson, through his counsel, demanded for a preliminary investigation.
Within how many days should his lawyer file the motion?
a. Within 10 days from the time of conclusion of inquest
b. Within 5 days from the time of conclusion of inquest
c. Within 10 days from the filing of information in court
d. Within 5 days from the filing of information in court

ANSWER: (D) When a person is lawfully arrested without a warrant

involving an offense which requires a preliminary investigation, he may
ask a preliminary investigation with the same right to adduce evidence in
his defense within five (5) days from the time he learns of the filing of the
complaint or information in court. (Rule 112, Sec. 7, Rules of Court).
3. An information was filed against Norman. The designated offense stated in
the information was for the crime of homicide. However, the acts constituting
the offense written in the information clearly depicts the crime of murder. The
accused enters his plea of not guilty. Can the prosecutor amend the offense
and change it murder?
a. No, because it involves a substantial amendment in the information
b. Yes, because it is merely a formal amendment
c. No, because information cannot be amended after arraignment
d. None of the above

ANSWER: (B) The averments in the amended information for murder are
exactly the same as those already alleged in the original information for
homicide. Mere formal amendments may be effected because there not at
all any change in the act imputed to the accused.

4. What is the effect when the information is filed by someone not authorized by
law?
a. The court cannot acquire jurisdiction over the person of the accused
b. The accused may move to quash the complaint
c. None of the above
d. Both A and B

ANSWER: (D) An infirmity in the information cannot be cured by silence,

acquiescence, or even express consent. Under Rule 117, Sec. 3(d) the
accused may move to quash the complaint or information on the ground
that the office who filed the information had no authority to do so.

5. What is the effect when the accused absconded after posting bail?
a. The bail will be forfeited; accused is prohibited to post another bail,
when re-arrested.
 b. The bail will be forfeited; accused is allowed to post another
bail, when re-arrested.
c. The bail will be forfeited; bail remains a matter of right.
d. The bail will not be forfeited; bail becomes discretionary.

ANSWER: (B) Even if accused jumps bail multiple times so long as offense
is not punishable by reclusion perpetua, life imprisonment, or death, and
the case is still pending before the RTC, bail must be granted. The remedy
of the court is to increase the amount of bail.

6. Bail is cancelled in the following circumstances, except:

a. Acquittal of the accused
b. Dismissal of the case
c. Arrest after escape
d. Upon Application of the bondsmen with due notice to the prosecutor,
upon surrender of the accused or proof of his death

ANSWER: (C) Upon application of the bondsmen, with due notice to the
prosecutor, the bail may be cancelled upon surrender of the accused or
proof of his death. The bail shall be deemed automatically cancelled upon
acquittal of the accused, dismissal of the case, or execution of the
judgment of conviction. In all instances, the cancellation shall be without
prejudice to any liability on the bail.

7. At arraignment, Pedro pleads not guilty to a rape charge. At the pretrial, he

changes his mind and agrees to a plea bargaining, with the conformity of the
prosecution and offended party, which downgraded the offense to acts of
lasciviousness. The Court should therefore:
a. render judgment based on the change of plea.
b. allow the withdrawal of the earlier plea and arraign the
accused again and render judgment
c. order the amendment of the information and hear the case anew
d. require the prosecution to amend the information.

ANSWER: (B) The Court should allow the withdrawal of the earlier
plea and arraign Pedro for acts of lasciviousness and render
judgment without need of an amendment of complaint or
information. (Rule 116, Sec. 2, Rules of Court). Be that as it may, the
Court has to receive evidence on the civil liability which is impliedly
instituted with the criminal action before it renders a judgment
against X. (Rule 111, Sec.1, Rules of Court).

8. John Dela Cruz argues that there had been a mistake in the identity of the
accused, and that he should be released from detention. His argument relies
heavily on the fact that the name contained in the information reads, Juan
Dela Cruz. Is his contention correct?
 a. No, because mistake in the name of accused is not equivalent
to mistake in the identity.
b. Yes, because mistake in the name of the accused necessarily amounts
to mistake in the identity.
c. Yes, because the information is the very basis for identification of the
accused and mistake in the name renders it ineffective.
d. Both A and B are correct.

ANSWER: (A) Mistake in the name is not equivalent to mistake in identity

especially when sufficient evidence is adduced to show that the accused is
pointed to one of the perpetrators of the crime. However, the identity of
the accused must be proven.

9. Alma was charged with robbery, and then entered a plea of guilty. During the
trial, the prosecutor moved to substitute the information for the crime of libel.
Will the substitution prosper?
a. No, because it violates the rule on double jeopardy.
b. No, because it constitutes substantial amendment which is prohibited
after the accused entered a plea.
c. Yes, because it does not violate the rule on double jeopardy.
d. Yes, because it does merely a formal amendment which is allowed
even after the accused entered a plea.

ANSWER: (C) In substitution, the information containing the charge for the
wrong crime should be dismissed. Same as substantial amendment after
plea, the allegations contained in the information are insufficient to
establish the guilt of the accused due to wrongful crime charged therein.

10. Accused failed to appear at the promulgation of judgment without

justifiable cause. The judgment convicted him for slight physical injuries.
Judgment may therefore be promulgated in the following manner:
a. By the reading of the judgment in the presence of only the judge.
b. By the clerk of court in the presence of P's counsel.
c. By the clerk of court in the presence of a representative of P.
d. By entering the judgment into the criminal docket of the
court.

ANSWER: (D) If accused fails to appear at the promulgation of judgment

without justifiable cause, the promulgation shall be made by recording the
judgment in the criminal docket and serving him a copy thereof at his last
known address or thru his counsel. (Rule 120, Sec. 6, Rules of Court).

EVIDENCE

1. Choose which of the following is correct:

a. Documentary evidence is that which is directly addressed to the
senses of the court and consists of tangible things
 b. Documentary evidence is offered when a document is presented to
prove its existence or condition
c. Where the purpose is to prove a collateral fact that took place while a
document was being prepared, rule on documentary evidence shall
apply
d. Documentary evidence applies only when the contents of such
document is the subject of inquiry
ANSWER: (D) Original document must be produced; exceptions. When
the subject of inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself.

2. To prove that Susan stabbed her husband Sergio, Pete testified that he heard
Rico running down the street, shouting excitedly, Sinaksak daw ni Susan ang
asawa niya! Ricos declaration is
a. admissible as part of res gestae.
b. inadmissible as hearsay
c. admissible as independently relevant statement
d. inadmissible as a mere opinion.

ANSWER: (B) Testimony generally confined to personal knowledge;

hearsay excluded. A witness can testify only to those facts which he
knows of his personal knowledge; that is, which are derived from his own
perception, except as otherwise provided in these rules.

3. Character evidence is admissible when:

a. in criminal cases the accused may prove his good moral
character if pertinent to the moral trait involved in the offense
charged
b. in criminal cases the prosecution may prove the bad moral character
of the accused to prove his criminal predisposition
c. in criminal cases under certain situations, but not to prove the bad
moral character of the offended party
d. when it is evidence of the good character of a witness even prior to his
impeachment as witness

ANSWER: (A) Under Section 51, Rule 130 of the Rules of Court, the
accused may prove his good moral character which is pertinent to the
moral trait involved in the offense charged. (Section 51 (a) (1) Rule 130,
Rules on Evidence).

4. Allan and Bea both member of Mangyan tribe entered into a contract of Lease
of a particular lot. The language used was their dialect where some of the
terms have a contradicting expression as to their very intent of the contract.
How will you construe the contract?
a. Interpret according to the legal meaning it bears in the place
of its execution
b. Interpret according to the legal language
c. Construe in accordance with the formalities of contract
d. None of the above
ANSWER: (A) Interpretation of a writing according to its legal meaning.
The language of a writing is to be interpreted according to the legal
meaning it bears in the place of its execution, unless the parties intended
otherwise.

5. A court may take judicial notice of:

a. the Twitter account of President Aquino.
b. a Committee Report issued by the Congressional Committee on
Labor Relations.
c. the effects of taking aspirin everyday.
d. the arbitral award issued by International Court of Arbitration.

ANSWER: (b) A court shall take judicial notice, without the introduction of
evidence, of the existence and territorial extent of states, their political
history, forms of government and symbols of nationality, the law of
nations, the admiralty and maritime courts of the world and their
seals, the political constitution and history of the Philippines, the official
acts of the legislative, executive, and judicial departments of the
Philippines, the laws of nature, the measure of time,and the geographical
divisions. (Rule 129, Sec. 1, Rules of Court).

6. Carol and Danny are party to a contract, on their contract it happens that
there are mistakes and imperfection, worst their intent was not expressed. If
ever there are irregularities occurred and Danny will not comply to his
obligation will the court admit a parol evidence?
a. No, because of imperfections
b. Yes, if the facts of mistakes and imperfections will be alleged
in the complaint
c. No, notwithstanding alleging such fact of imperfection
d. Yes, even if there is no objection

ANSWER: (B) Evidence of written agreements. When the terms of an

agreement have been reduced to writing, it is considered as containing all
the terms agreed upon and there can be, between the parties and their
successors in interest, no evidence of such terms other than the contents
of the written agreement. However, a party may present evidence to
modify, explain or add to the terms of written agreement if he puts in
issue in his pleading: (a) An intrinsic ambiguity, mistake or imperfection in
the written agreement.

7. Considering the qualifications required of a would-be witness, who among the

following is INCOMPETENT to testify?
a. A person under the influence of drugs when the event he is asked to
testify on took place.
b. A person convicted of perjury who will testify as an attesting
witness to a will.
c. A deaf and dumb.
d. A mental retardate.
ANSWER: (B) Religious or political belief, interest in the outcome of the
case, or conviction of a crime unless otherwise provided by law, shall not
be ground for disqualification.

8. During the trial of Mr. X for the Violation of the Dangerous Drugs Act, the
prosecution offers in evidence a photocopy of the marked bills used in the
"buy-bust" operation. Mr. X's counsel objects to the introduction of the
photocopy on the ground that the Best Evidence Rule prohibits the
introduction of secondary evidence in lieu of the original.
a. The photocopy of the bills being a documentary evidence, is not
admissible and violates the best evidence rule
b. The photocopy of the bills being an object evidence is admissible in
evidence without violation of the best evidence rule
c. The photocopy is admissible since the original is in the custody of the
party against whom the evidence is offered
d. What is involved in the inquiry of the photocopy bills is only
collaterally in issue hence the best evidence rule does not
apply

ANSWER: (D) Best evidence rule does not apply since the subject of
inquiry is not the contents of a document.

9. A private document may be considered as evidence when it is sequentially:

a. marked, identified, authenticated.
b. identified, marked and offered in evidence.
c. marked, identified, authenticated and offered in evidence.
d. marked, authenticated and offered in evidence.

ANSWER: (C) Before any private document is offered as authentic is

received in evidence, its due execution and authenticity must be proved.
(Rule 132, Sec. 20). The private document must be marked during the pre-
marking of exhibits. It must be identified and authenticated by a witness,
and thereafter offered, as the court shall not consider any evidence which
has not been formally offered. (Rule 132, Sec. 34). In addition, the private
document must also be admitted by the court in order to be considered as
evidence.

10. A confession is a categorical acknowledgment of guilt made by an

accused in a criminal case, without any exculpatory statement or
explanation. If the accused admits having committed the act in question but
alleges a justification therefor, is it tantamount to confession?
a. Yes, because admission is also a confession.
b. No, it is merely an admission but not a confession.
c. No, because confession must be in writing.
d. Yes, because confession is also an admission.
ANSWER: (B) Admission of a party. The act, declaration or omission of a
party as to a relevant fact may be given in evidence against him.