2012 Remedial MCQ Answers
2012 Remedial MCQ Answers
2012 Remedial MCQ Answers
REMEDIAL LAW
Set A
MULTIPLE CHOICE QUESTIONS (MCQs)
INSTRUCTIONS
REMEDIAL LAW
1. In settlement proceedings, appeal may be taken from an:
a. order appointing a special administrator;
b. order appointing an administrator;
c. order of an administrator to recover property of the estate;
d. order to include or exclude property from the estate.
2. Under the Rules on the Writ of Amparo, interim relief orders may be issued by
the Court except:
a. production order;
b. witness protection order;
c. hold departure order;
d. temporary protection order.
3. A narrative testimony is usually objected to but the court may allow such
testimony if:
a. it would expedite trial and give the court a clearer
understanding of the matters related;
b. the witness is of advanced age;
c. the testimony relates to family genealogy;
d. the witness volunteers information not sought by the examiner.
4. In default of parents, the court may appoint a guardian for a minor giving first
preference to:
a. an older brother or sister who is over 18 years old.
a. When a decision would not terminate the controversy which gave rise
to the action.
b. In an action to consolidate ownership under Art. 1607 of the Civil Code.
c. To establish legitimate filiation and determine hereditary rights.
d. (a) and (c) above
22.In election cases involving an act or omission of an MTC or RTC, a certiorari
petition shall be filed with:
a. The Court of Appeals
b. The Supreme Court
c. The COMELEC
d. The Court of Appeals or the COMELEC both having concurrent
jurisdiction
23.A charge for indirect contempt committed against an RTC judge may be
commenced through:
a. A written charge requiring respondent to show cause filed with the
Court of Appeals.
b. An order of the RTC Judge requiring respondent to show cause
in the same RTC.
c. Verified petition filed with another branch of the RTC.
d. Verified petition filed with a court of higher or equal rank with the RTC.
24.The statute of "non-claims" requires that:
a. claims against the estate be published by the creditors.
b. money claims be filed with the clerk of court within the time prescribed
by the rules.
c. claims of an executor or administrator against the estate be filed with
the special administrator.
d. within two (2) years after settlement and distribution of the
estate, an heir unduly deprived of participation in the estate
may compel the re-settlement of the estate.
25.A judicial compromise has the effect of _______ and is immediately executory
and is not appealable.
a. Estoppel;
b. Conclusiveness of judgment;
c. Res Judicata;
d. Stare decisis.
26.When a party or counsel wilfully or deliberately commits forum shopping, the
initiatory pleading may:
a. be cured by amendment of the complaint.
b. upon motion, be dismissed with prejudice.
c. be summarily dismissed with prejudice as it may constitute
direct contempt.
d. be stricken from the record.
27.Equity of Redemption is the right of the mortgagor to redeem the mortgaged
property after default in the performance of the conditions of the mortgage,
before the sale or the confirmation of sale in a(n):
a. extrajudicial foreclosure of mortgage.
b. judicial foreclosure of mortgage.
c. execution sale.
d. foreclosure by a bank.
28.X and Y, both residents of Bgy. II, Sampaloc, Manila entered into a P 100,000
loan agreement. Because Y defaulted, X sued Y for collection and the
complainant prayed for issuance of preliminary attachment. Y moved to
dismiss the complaint because there was no Barangay conciliation. The court
should therefore:
a. dismiss X's complaint for prematurity.
b. dismiss X's complaint for lack of cause of action.
c. deny Y's motion because it is exempt from Barangay
conciliation.
d. deny Y's motion because of the amount of the loan.
29.X was shot by Y in the course of a robbery. On the brink of death, X told W, a
barangay tanod, that it was Y who shot and held him up. In the trial for
c. At the pre-trial.
d. Before the complaint is amended.
34.In a criminal case for violation of a city ordinance, the court may issue a
warrant of arrest:
a. for failure of the accused to submit his counter-affidavit.
b. after finding probable cause against the accused.
c. for failure of the accused to post bail.
d. for non-appearance in court whenever required.
35.Under the Katarungan Pambarangay rules, the execution of an amicable
settlement or arbitration award is started by filing a motion for execution with
the Punong Barangay, who may issue a notice of execution in the name of
the Lupon Tagapamayapa. Execution itself, however, will be done by:
a. a court-appointed sheriff.
b. any Barangay Kagawad.
c. Punong Barangay.
d. any member of the Pangkat ng Tagapagsundo.
36.If the judgment debtor dies after entry of judgment, execution of a money
judgment may be done by:
a. presenting the judgment as a claim for payment against the
estate in a special proceeding.
b. filing a claim for the money judgment with the special administrator of
the estate of the debtor.
c. filing a claim for the money judgment with the debtor's successor in
interest.
d. move for substitution of the heirs of the debtor and secure a writ of
execution.
37.The Director of the BFAR launches an intensified campaign against illegal
fishpen operators situated in Laguna de Bay. The illegal fishpen operators file
a Section 3 (e), R.A. 3019 (causing undue injury or benefit) case against the
BFAR Director before the Sandiganbayan. The Director's best remedy before
Sandiganbayan is:
b. telephone conversations;
c. faxed document;
d. online chatroom sessions;
47.A private electronic document's authenticity may be received in evidence
when it is proved by:
a. evidence that it was electronically notarized.
b. evidence that it was digitally signed by the person who purportedly
signed the same.
c. evidence that it contains electronic data messages.
d. evidence that a method or process was utilized to verify the
same.
48.Atty. A drafts a pleading for his client 8 wherein B admits certain facts
prejudicial to his case. The pleading was never filed but was signed by Atty. A.
Opposing counsel got hold of the pleading and presents the same in court.
Which statement is the most accurate?
a. The prejudicial statements are not admissible because the unfiled
document is not considered a pleading.
b. The prejudicial statements are not admissible because the
client did not sign the pleading.
c. The prejudicial statements are not admissible because these were not
made by the client in open court.
d. The prejudicial statements are not admissible because these were
made outside the proceedings.
49.Under the Rules on Examination of a child witness, a child witness is one:
a. who is 18 years of age or below at the time of testifying.
b. who is below 18 years of age at the time of the incident/crime to be
testified on.
c. who is below 18 years of age at the time of the giving of
testimony.
d. who is 18 years of age in child abuse cases.
50.In which of the following is Interpleader improper?
64.The mortgage contract between X, who resides in Manila, and Y, who resides
in Naga, covering land in Quezon provides that any suit arising from the
agreement may be filed "nowhere else but in a Makati court". Y must thus
sue only in:
a. Makati;
b. Makati and/or Naga;
c. Quezon and/or Makati;
d. Naga.
65.Immediately after the witness had been sworn in to testify, without any
formal offer of his testimony, Atty. A started asking questions on direct
examination to the witness. The court may still consider his testimony if:
a. the formal offer is done after the direct testimony.
b. the opposing counsel did not object.
c. the witness is an expert witness.
d. the opposing counsel offered to stipulate on the testimony given.
66.A private document may be considered as evidence when it is sequentially:
a. marked, identified, authenticated.
b. identified, marked and offered in evidence.
c. marked, identified, authenticated and offered in evidence.
d. marked, authenticated and offered in evidence.
67.The Court of Appeals cannot issue a temporary restraining order in the
following cases, except:
a. bidding and awarding of a project of the national government.
b. against any freeze order issued by the AMLC under the
antimoney laundering law.
c. against infrastructure projects like the SLEX extension.
d. against the DAR in the implementation of the CARL Law.
68.Choose the most accurate phrase to complete the statement: Mandamus will
lie ---
72.Cesar, age 16, a habitual offender, was caught in possession of .001 grams of
marijuana. He was charged for violation of Sec. 16 of R.A. 9165, The
Comprehensive Dangerous Drugs Law. The court which has jurisdiction is:
a. the MTC;
b. the RTC;
c. Special Drugs Court;
d. Family Court.
73.A court can motu proprio dismiss a case on the following grounds, except :
a. failure to prosecute;
b. lack of jurisdiction over the parties;
c. litis pendentia;
d. prescription.
74.A person entitled to the estate of a deceased person escheated in favor of
the State has:
a. 5 years from date of judgment to file a claim.
b. 2 years from date of judgment to file a claim.
c. 5 years from date of registration of the judgment to file a claim.
d. 2 years from date of registration of the judgment to file a claim.
75.The MTC, acting as an Environmental Court, has original and exclusive
jurisdiction over the following, except:
a. criminal offenses punishable under the Chain Saw Act (R.A. 9175)
b. violation of the NIPAS Law (R.A. 7586)
c. violation of the Mining Laws
d. violation of Anti-Pollution Laws
76.A special administrator may be appointed by a court when:
a. the executor cannot post a bond.
b. the executor fails to render an account.
a. March 4;
b. March 16;
c. March 30;
d. March 11.
82.After the DOJ Secretary granted accused's Petition for Review, the
prosecution filed a motion to withdraw the Information before the trial court.
The judge therein denied the same. The trial prosecutor manifested before
the judge that he can no longer prosecute the case because he is only an
alter ego of the DOJ Secretary who ordered him to withdraw the Information.
The case should therefore be prosecuted by:
a. a DOJ state prosecutor.
b. private prosecutor, if any.
c. trial prosecutor of the pairing court.
d. the same trial prosecutor who manifested his inability to prosecute the
case.
83.A decision or resolution of a division of the Supreme Court when concurred in
by members who actually took part in the deliberation on the issues in a case
and voted thereon, is a decision or resolution of the Supreme Court.
a. three (3);
b. five(S);
c. eight (8);
d. ten (10).
84.A and B adopted their nephew. They filed an action for revocation of the
adoption on May 1, 1998 on the ground that their nephew neglected them.
Based on the Rules of Domestic Adoption, the judge must:
a. advise A and B to just disinherit the nephew.
b. disallow the revocation.
c. refer the petition to the DSWD.
d. grant the petition after hearing.
85.Sandiganbayan exercises concurrent jurisdiction with the Supreme Court and
the Court of Appeals over:
28 October 2012
Set B
ESSAYTYPE QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten (10) questions (numbered I to X)
contained in FIVE (5) pages.
Begin your answer to each numbered question on a separate page; an answer to a
sub-question/s under the same number may be written continuously on the same
page and succeeding pages until completed.
Answer the question directly and concisely. Do not repeat the question. Write
legibly.
HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE
TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES (INCLUDING THIS
PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
REMEDIAL LAW
I
a. After an information for rape was filed in the RTC, the DOJ Secretary, acting
on the accused's petition for review, reversed the investigating prosecutor's
finding of probable cause. Upon order of the DOJ Secretary, the trial
prosecutor filed a Motion to Withdraw Information which the judge granted.
The order of the judge stated only the following:
"Based on the review by the DOJ Secretary of the findings of the investigating
prosecutor during the preliminary investigation, the Court agrees that there is no
sufficient evidence against the accused to sustain the allegation in the information.
The motion to withdraw Information is, therefore, granted."
If you were the private prosecutor, what should you do? Explain. (5%) I will move to
have the case tried by the RTC to determine probable cause.
b. A was charged with a non-bailable offense. At the time when the warrant of
arrest was issued, he was confined in the hospital and could not obtain a
valid clearance to leave the hospital. He filed a petition for bail saying therein
that he be considered as having placed himself under the jurisdiction of the
court. May the court entertain his petition? Why or why not? (5%)
II
a. Discuss the "chain of custody" principle with respect to evidence seized
under R.A. 9165 or the Comprehensive Dangerous Drugs Act of 2002. (5%)
b. What do you understand about the "precautionary principle" under the Rules
of Procedure for Environmental Cases? (5%)
III
a. Distinguish error of jurisdiction from error of judgment. (5%)
b. A, a resident of Quezon City, wants to file an action against B, a resident of
Pasay, to compel the latter to execute a Deed of Sale covering a lot situated
in Marikina and that transfer of title be issued to him claiming ownership of
the land. Where should A file the case? Explain. (5%)
IV
a. A bought a Volvo Sedan from ABC Cars for P 5.0M. ABC Cars, before
delivering to A, had the car rust proofed and tinted by XYZ Detailing. When
delivered to A, the car's upholstery was found to be damaged. ABC Cars and
XYZ Detailing both deny any liability. Who can A sue and on what cause(s) of
action? Explain. (5%)
b. Mr. Sheriff attempts to enforce a Writ of Execution against X, a tenant in a
condominium unit, who lost in an ejectment case. X does not want to budge
and refuses to leave. Y, the winning party, moves that X be declared in
contempt and after hearing, the court held X guilty of indirect contempt. If
you were X's lawyer, what would you do? Why? (5%)
V
a. X was arrested, en flagrante, for robbing a bank. After an investigation, he
was brought before the office of the prosecutor for inquest, but unfortunately
no inquest prosecutor was available. May the bank directly file the complaint
with the proper court? If in the affirmative, what document should be filed?
(5%)
VI
A PDEA asset/informant tipped the PDEA Director Shabunot that a shabu laboratory
was operating in a house at Sta. Cruz, Laguna, rented by two (2) Chinese nationals,
Ho Pia and Sio Pao. PDEA Director Shabunot wants to apply for a search warrant, but
he is worried that if he applies for a search warrant in any Laguna court, their plan
might leak out.
a. Where can he file an application for search warrant? (2%)
b. What documents should he prepare in his application for search warrant?
(2%)
c. Describe the procedure that should be taken by the judge on the application.
(2%)
Suppose the judge issues the search warrant worded in this way:
PEOPLE OF THE PHILIPPINES
Plaintiff
-versus-
(signed)
Judge XYZ
d. Cite/enumerate the defects, if any, of the search warrant. (3%)
e. Suppose the search warrant was served on March 15, 2012 and the search
yielded the described contraband and a case was filed against the accused in
RTC, Sta. Cruz, Laguna and you are the lawyer of Sio Pao and Ho Pia, what will
you do? (3%)
f.
Suppose an unlicensed armalite was found in plain view by the searchers and
the warrant was ordered quashed, should the court order the return of the
same to the Chinese nationals?
challenging the validity of the Information and the Sandiganbayan denies the
same, will there still be a need to conduct a pre-suspension hearing? Explain.
(5%)
b. Briefly discuss/differentiate the following kinds of Attachment:
preliminary attachment, garnishment, levy on execution, warrant of seizure
and warrant of distraint and levy. (5%)
X
a. Where and how will you appeal the following:
(1) An order of execution issued by the RTC. (1%)
(2) Judgment of RTC denying a petition for Writ of Amparo. (1%)
(3) Judgment of MTC on a land registration case based on its delegated jurisdiction.
(1%)
(4) A decision of the Court of Tax Appeal's First Division. (1%)
b. A files a Complaint against 8 for recovery of title and possession of land
situated in Makati with the RTC of Pasig. B files a Motion to Dismiss for
improper venue. The RTC Pasig Judge denies B's Motion to Dismiss, which
obviously was incorrect. Alleging that the RTC Judge "unlawfully neglected the
performance of an act which the law specifically enjoins as a duty resulting
from an office", 8 files a Petition for Mandamus against the judge. Will
Mandamus lie? Reasons. (3%)
c. What are the jurisdictional facts that must be alleged in a petition for probate
of a will? How do you bring before the court these jurisdictional facts? (3%)
- NOTHING FOLLOWS HAND IN YOUR ANSWER SHEET.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD
WATCHER.