UP LAW MOCK BAR EXAMINATIONS 2011 REMEDIAL LAW

1.

The venue of a petition for a judicial settlement of the estate of a resident of the Philippines, whether a citizen or alien is:

a. b. c. d. 2.

the place where he died. his residence at the time of his death. any of the provinces where he had any property at the time of his death. any of the above places at the option of the petitioner.

An adverse partys witness may NOT be impeached by: a. b. c. d. evidence that in the community where he resides, his general reputation for truth, honesty or integrity is bad. a prior inconsistent statement particular instances of immoral or wrongful acts, or improper or unlawful conduct that the witness may have committed. Evidence of a prior conviction of an offense which may be proved by eliciting an admission from the witness or by a record of his conviction.

3.

Who may NOT be excluded from the proceedings of a case? a. b. c. d. Parties to the action or the accused in a criminal case Expert witnesses Rebuttal witnesses All of the above

4.

Which of the following statements is correct? a. b. c. d. It is the duty of the judge to rest his findings of facts and his judgment only and strictly upon the evidence offered by the parties at the trial. It is the duty of a party to select the competent from the incompetent in offering testimony and he cannot impose this duty upon the trial court. It is discretionary upon the trial court to reject the entire evidence or receive evidence those parts which are admissible and reject the other parts. All of the above

5.

Which of the following is not correct? The extrajudicial settlement of the estate of a decedent is allowed:

a. b. c. d. 6.

when he died testate. when he died intestate. regardless of the value of his estate. when he was not survived by children.

Which is correct? The allowance of a will is:

a. b. c. d. 7.

not conclusive as to its due execution. conclusive as to its due execution. conclusive as to the validity of the dispositions made therein. not conclusive on anything.

The petition for the allowance of a will may not be filed by:

a. b. c. d. 8.

the testator himself during his lifetime the executor the devisee/ legatee a person who is not interested in the estate.

A will proved and allowed in a foreign country may be allowed in the Philippines if:

a.

It was proved and allowed in accordance with the laws of such foreign country.

b. c. d. 9.

The will was executed in the Philippines. The will was executed in such foreign country. None of the above.

Which is not correct? A special administrator has the power to:

a. b. c. d. 10.

Commence and maintain suits as administrator. Take possession of the estate of the deceased. Sell any property of the estate without court authority. Pay the debts of the deceased upon order of the court.

The actions, which may be filed against an executor or administrator, do not include:

a. b. c. d. 11.

recovery of real or personal property from the estate. recovery of an interest in such property. enforcement of a lien on such property. recovery of a loan evidenced by a promissory note signed by the decedent.

A probate court can:

a. b. c. d. 12.

issue writs of execution in all cases. not issue a writ of execution in any case. issue a writ of execution in only three (3) instances. Issue writs of execution in five instances

The residue of the estate of a decedent may be distributed to the heirs, even before all the obligations of the estate have been paid if the distributees or any of them gives a bond to guarantee the payment of the unpaid obligations within the time fixed by the court:

a. b. c. d. 13.

in a sum fixed by the court. in an amount equal to twice the said unpaid obligations. a cash bond equal to the amount of the said unpaid obligations. No bond is required.

The venue of a petition for the escheat of the estate of a decedent who was a resident of the Philippines is:

a. b. c. d. 14.

his residence at the time of his death. the place of his death. any of the places where his properties are located. the place where he last resided.

All except one of the following is true with respect to confessions: a. b. c. d. It is a categorical acknowledgment of guilt. It must always be express, never implied. It may be made by third persons and, in certain cases, are admissible against a party. It may be made only by the party himself and, in some instances, are admissible against his co-accused.

15.

What is NOT allowed to happen in enforcing a foreign judgment in the Philippines? a. b. c. d. The court with which the action to enforce the foreign judgment is filed takes judicial notice of the foreign judgment. The party who files the action presents a certified true copy of the judgment by the clerk of the court of the foreign tribunal that rendered it. The party who files the action presents a certification from the Philippine diplomatic representative in the said foreign country that the person who issued the copy is the legal custodian thereof. All of the above

16.

What is NOT a requisite in order for the Dead Mans Statute to be applicable? a. The witness is a party or an assignor of a party

b. c. d.

The action is against an executor or an administrator of an estate The testimony should refer to any matter of fact which occurred after the death of the deceased. The subject matter of the action is a claim or demand against the estate of a deceased person.

17.

Which of the following matters need to be proven by the parties to an action? a. b. c. d. Facts which are admitted or which are not denied in the answer, provided they have been insufficiently alleged. Those which are the subject of an agreed statement of facts between the parties. Facts which are not subject to judicial notice. Those admitted by any party.

18.

Which statement refers to corpus delicti? a. b. c. d. It is the body or substance of the crime. It is the fact that a crime has actually been committed. It is the actual commission by someone of the particular crime charged. All of the above

19.

The defendant appeals from a decision of the Regional Trial Court (RTC) affirming a decision of the Municipal Trial Court (MTC) ordering the defendant to vacate the premises: a. b. c. d. The RTC decision is immediately executory. The defendant can stay the execution of the RTC decision by filing a bond. The defendant can stay the execution of the RTC decision without filing a bond The RTC decision can be executed only after the decision of the appellate court affirming such decision has become final and executory.

20.

The Court of Appeals may annul the judgment of the Regional Trial Court on the ground that: a. b. c. d. The RTC decision resulted from an intrinsic fraud. The RTC had no jurisdiction over the person of the defendant The RTC had no jurisdiction over the subject matter of the case or that the decision resulted from extrinsic fraud. There is newly discovered evidence.

21.

In an original action filed in the Court of Appeals, jurisdiction over the person of the respondent is acquired: a. b. c. d. By the service of summons upon him in accordance with Rule 14. By the service of the copy of the petition upon him by the petitioner. 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. By special appearance

22.

The doctrine of primacy of the criminal action, which provides that civil action is thus suspended in whatever stage it may be found upon the filing of the criminal action, accepts certain exceptions. Which of the following are among those exceptions? a. b. c. d. In cases of independent civil action In cases where the civil action presents a prejudicial questions When the act or omission from which civil liability may arise did not exist Both a and b

23.

What is the nature of the right to preliminary investigation? a. b. c. d. Inquisitional Personal Alternative Both a and b

24.

Which of the following instances will operate as waiver of the right to preliminary investigation by the accused? a. b. c. d. If the accused fails to ask for preliminary investigation after being aware for more than five (5) days that the case had been filed in court. Where the accused posted a bond Failure to claim it before the accused pleaded Both a and c

25.

For instance, the provincial or city prosecutor promulgated an unfavorable resolution of the case, where can be accused

file a petition for review of the said resolution? a. b. c. d. Office of the President Metropolitan Trial Court Regional Trial Court Department of Justice

26.

An escaped prisoner, then armed with a bamboo lance, was asked by a policeman to surrender, refused to do so and instead answered the latter with a stroke of his lance, the policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner. Is the act of the policeman on resorting to extreme means justified? a. b. c. d. Yes, since an arresting officer is required to act within the performance of his duty, he must stand his ground and cannot, like a private individual, take refuge in fight; his duty requires to overcome his opponent. No, it was provided under the Rules of Court that no violence or unnecessary force shall be used in making an arrest. Such provision accepts no exception. The facts are insufficient. It depends, the reasonableness of the force employed by the arresting officer must be adjudged in the light of the circumstances as they appeared to the officer at the time he acted, and the means is generally considered to that which ordinary prudent and intelligent person with the knowledge would have deemed necessary under the circumstances.

27.

As a rule a private person making an arrest should notify the person arrested of his purpose and acquaint him with the cause of the arrest, however this rule accepts certain exceptions. Which of the following are those exceptions? a. b. c. d. Where the arrest is made at the time the offense is committed for attempted or on fresh pursuit; When the giving of such information is largely impracticable, as when he forcibly resists before the person making the arrest has the opportunity so to inform him; When the giving of the information will imperil the arrest; All of the above

28.

What is the nature of the right to appeal, which is extended to the accused? a. b. c. d. Statutory right Absolute right Personal right Both a and c

29.

It is one of the modes of discovery in criminal cases especially given to the accused, the purpose of which is to prevent surprise, suppression, or alteration of any written statements given by the complainant and the other witnesses in any investigation of the offense conducted by the prosecution or any other investigating officers: a. b. c. d. Production or inspection of evidence in the possession of the prosecution Suspension of arraignment Presentation of bills of particular Appointment of counsel de officio

30.

Which court/s has/have jurisdiction over a case for violation of Section 3(e) of Republic Act No. 3019 (Anti Graft and Corrupt Practices Act) where the defendants are a city mayor (salary grade 27), the city tourism operations officer (salary grade 11) and a computer operator (salary grade 9)? a. b. c. d. The proper Regional Trial Court since two of the respondents are officials with salary grade 27. The Sandiganbayan for the city mayor (salary grade 27) and the proper Regional Trial Court for the city tourism operations officer (salary grade 11) and computer operator (salary grade 9). The Sandiganbayan since one of the respondents is an official with salary grade 27. The Sandiganbayan of the proper Regional Trial Court, depending on which court first acquires jurisdiction over the case.

31.

Can a prosecutor conducting a preliminary investigation require the parties to submit a draft Resolutions for their respective positions (that is, for the complaint, a Resolution dismissing the complaint for lack of probable cause) either of which he will just adopt, depending on his evaluation of the case? a. Yes, nothing in the Revised Rules of Criminal Procedure prohibits such a procedure. b. No, as this will allow the parties to exert undue influence on the prosecutor. c. Yes, as this will result in the prompt resolution of preliminary investigations. d. No, because the prosecutor should personally determine whether there is probable cause to try the accused.

32.

The venue of a petition for a change of name is:

a. b. c. d. 33.

the place of birth of the petitioner. his residence. the place where his birth was registered. the place where he was baptized.

A holographic will which is contested may be allowed when its authenticity is proven by: a. b. c. d. one (1) witness who saw the testator write and sign it two (2) witnesses who saw the signing thereof three (3) witnesses who declare that they saw the testator sign it three (3) witnesses who know the handwriting of the testator explicitly declare that the will and the signature thereon are in the handwriting of the testator

34.

In a rape case, jurisdiction is conferred by: a. b. c. d. law complaint of offended party information filed by the Prosecuting Officer all of the above

A party who has suffered damages due to the issuance of an improper irregular or excessive attachment against him may claim such damages: a. Only after the judgement has become final executory b. Only in a separate action against the party who secured the writ of attachment. c. In the same case wherein the writ of attachment was issued, at any time before the trial, or before an appeal has been perfected or before the judgment becomes executory. d. In the same case wherein the writ of attachment was issued after trial and before an appeal has been perfected.

35.

36.

Who may not grant a writ of habeas corpus?

a. Any Regional Trial court judge b. The court of tax appeals or any members thereof c. The court of appeals or any member thereof d. The Supreme Court or any member thereof

37.

If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, the action may be commenced and tried:

a. in the court of the place where the defendant ,may be found b. in the court of the place of birth of the plaintiff c. in the court of the place where the defendant formerly resided. d. in the court of the place where the plaintiff resides.

38.

Choose from among the grounds below for the dismissal of the petition for certiorari the ground which will sustain the issuance of writ of certiorari. lack or excess of jurisdiction

a. if it is patently without merit b. if the act of was committed with grave abuse of discretion amounting to c. if the questions raised are too insubstantial to require consideration; or d. if it is prosecuted manifestly for delay

39.

Choose one effect from the following which does not arise or result from the filing of demurrer to evidence. a. The defendant does not waive his right to offer evidence in the event his motion is denied. b. In case of reversal, the appellate court shall render judgement for the plaintiff base on the evidence alone. c. If the motion is granted and the order of dismissal is reversed upon appeal, the movant loses the right to present evidence on his behalf. d. When the accused filed demurrer to evidence and denies the motion to dismiss, the accused may adduce evidence in his defense and submits the case for judgement on the basis of the evidence of the prosecution.

40.

When may final order be deemed to be not determining the merits of a case? a. When the final order has been writing, personally or directly prepared by the judge.

b. c. d.

When the final order was signed by the judge personally and filed with the clerk of court but does not state the reason or basis thereof. When the final order considers and determines the rights of the parties as those rights which presently exist, upon matters submitted in an action or proceeding. When the final orders states clearly and distinctly the facts and the law on which it is based, signed by the judge and filed with the clerk of court.

41.

X sued Y who is in answer generally denied the material allegations in the complaint. X should file a a. b. c. d. Demurrer to evidence A motion for judgment on the pleadings. A motion for bill of particulars A motion for summary judgment

42.

Choose the judicial proceedings below in which a writ of habeas corpus can not be availed of as consequence thereof resistant of a person as to such excess. to be entitled to the custody of

a. Where there has been deprivation of a constitutional right resulting in the b. Where an excessive penalty has been imposed, as such sentence is void c. Where the petitioner has been unable to establish by the evidence the minor on account of mistaken identity. d. Where the lower court had no jurisdiction to impose the sentence.

43.

When a person is detained by a private person, the writ of habeas corpus is directed:

a. b. c. d. 44.

to the said private person. to an officer of the law. to any person designated by the court. none of the above.

Habeas Corpus issued by the Regional Trial Court (RTC) is enforceable only in:

a. b. c. d. 45.

the territorial jurisdiction of the RTC that issued it. the place where the person is actually detained. in the judicial region to which the RTC that issued it pertains. none of the above.

The police sought A for questioning in connection with the killing of the deceased. He was seen wearing a bloodstained shirt. During his interrogation, A was not assisted by counsel. He admitted his guilt and showed the knife he used to commit the crime. What piece of evidence is admissible? a. b. c. d. The bloodstained shirt The knife he used to commit the crime His extra-judicial confession None of the above

46.

Z was charged with robbery with rape. He took the stand on his own behalf and testified on the alleged robbery. On what matters may the prosecution cross examine the accused? a. b. c. d. Only matters touched upon by Z in his direct testimony. Matters involving the alleged rape. Matters involving Z and other relevant matters. All of the above

47.

Which of the following is NOT a public document? a. b. c. d. The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers. Documents acknowledged before a notary public Public records, kept in the Philippines, of private documents required by law to be entered therein Last wills and testaments

48.

The venue of a petition for guardianship of a minor or incompetent who resides in the Philippines is:

a.

his residence

b. c. d. 49.

the residence of the guardian. the place where any of his properties is located. anywhere in the Philippines.

A return of a writ of habeas corpus is considered prima facie evidence of the cause of the detention if:

a. b. c. d. 50.

made by a public officer. made by a private person. the detention is pursuant to a warrant of arrest. The return is never a prima facie evidence.

All except one of the following is hearsay: a. b. c. d. An affidavit of a witness to the execution of a document who was not presented as a witness in the trial. The testimony of the owner of a building founded on the record prepared according to the verbal statements of his employees. The testimony of a complainant regarding text messages he received from a respondent. The testimony of a police inspector that he was told by others that there were several gambling houses in a town among them the defendants.