MCQ MIDTERMS CIV PRO 2013

4:25 1.The court acquires jurisdiction over the person of the defendant from the moment:
D. The defendant filed the motion for extension of time to file answer
5:36 2.

The decision of the civil service commission is appealable to:

B. Court of Appeals
6:17 3.
The court with the authority to hear and determine of actions and suits whether
civil,criminal, administrative, real,personal or mixed actions is called:
D. Court of General Jurisdiction
6:48 4. Where there is an unreasonable delay embracing the issue of lack of jurisdiction of the
trial court of appeal, the affiliate court will no longer entertain the issue of lack of jurisdiction
because of the principle of:
D. estoppeled by laches
7:39 5. The decision of the NLRC or the national labor relation commission shall be reviewed,
reverse or modified by:
C. Court of Appeals
8:29 6. Which court has jurisdiction to try the issue of Just compensation for the owners of
hacienda luisita who ??? distributed to the thermal counters under the comprehensive
agrarian reform law.
B. Regional Trial Court
9:30 7. A law which provides that the decision of the Land Franchasing Regulatory Board or
LTFRB may be applead directly to the supreme court can be questioned as unconstitutional
because:
C. A law cannot increase or decrease the jurisdiction of the supreme court without its
consent.
11:22 8. Which of the following courts decision is not appealable directly to the supreme
court
C. Civil Service Commission
11.45 9. The proof of damages interest attorneys fees cost of suit and others must be alleged
in the complain as it is necessary in the determination of:
B. Filing Fee.
12:17 10. Land Registration cases such as judicial titling may be filled in the municipal trial
courts if:
B. The petition is contested and the value of the land does not exceed 100k.

*If the Value is less than 100k it shall be trialed in the MTC even if it is contested by
another party
.
13:20 11. Which of the following falls within the concurrent jurisdiction of the supreme court,
court of appeals and the regional trial court
D. Mandamus

14:57 12. A person who is no longer residing in the philippines and whose whereabouts is
unknown can still be ??? in here if:
C. the action is for the recovery of real property which is claimed by the defendant

15:36 13. If an action ??? and forcible entry are joined by the plaintiff against several
defendants there is
B. Misjoinder of causes of action

19:00 14. If the plaintiff in an action for support dies during the pendency of the case, he will
be substituted in the case by his:
D. None of the above

20:12 15. Where in the subject matter of controversy is one of common or general interest to
many as it is inpractical to joined all as parties some of them may bring the action and this is
known as :
C. Class Suit
21:12 16. An action to recover possession of real property (ejectment case) valued of more
than 300k filed by the land lord against the delinquent tenant who is now living abroad shall
be filed in:
B. MTC of the place where the property is found.

23:05 17. A contract of partnership was entered into Cebu City by ??? X who is a resident of
Cebu City and Y who is a resident of Davao City.The contract stipulates that any action that
arising out of said contract shall be filed in the city of Ilo-Ilo. When X violated the terms of
contract, Y decided to file a case. Where will Y file the case?
D. Any of the above.

25:08 18. Where the averments on the complain are based on documents which are in the
possession of the defendant, the allegation in the defendants answer of lack of knowledge or
information of, is considered as:
B. Admission
26:39 19. An action foreclosure of a real state mortgage, is considered to be an:
C. Action quasi-in rem
27:13 20. A form of denial which at the same time involves an affirmative implication
favorable to the opposing party such a denial is in effect and admission of the ??? to which it is
directed:
B. Negative Pregnant
27:58 21. Even when the opposing party failed to deny under oath the actionable document
attached to the pleading, he can still raise the defense on his answer and prove at the trial
that:
B. There is a mistake or imperfection in the writing
29:47 22. The defendant filed this answer to the complain beyond the reglementary period of
15 days. What should the court do with the said answer that was filed after 15 days?
D. Admit the answer even if it is filed out of time.
31:12 23. Which out of the following pleadings require a certification of non-forum shopping
D. Permissive counter claim
31:49 24. Supplemental pleading differs from an amended pleading, because the former is:
C. It requires leave of court
32:33 25. Defenses and objections not pleaded either in a motion to dismiss or in the answer
have been waived expect:
A. Lack of jurisdiction over the person of the defendant BONUS