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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
2nd Batch
MCQs in Special Proceedings
Rules 86 to Rule 98
1.
State.
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?
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.
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.
False;
b. True;
c.
Within three (3) days after notice of the offer unless a different
period is fixed by the court.
The counsel for the parties, can submit questions to the judge
and that the judge may, in his discretion, ask the child.
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
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
b.
c.
d.
e.
f.
k.
Escheat
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
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.
To
To
To
To
enable
enable
enable
enable
the
the
the
the
accused
accused
accused
accused
to
to
to
to
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)
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)
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.
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
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
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.) Adoption
Answer: C. (Please see Section 1, Rule 72)
Karlo A. Concubierta
IV R. C. 2
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)
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
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: 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)
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.
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;
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.
a.
b.
c.
d.
OSG
PAO
Counsel de officio
IBP
In
a.
b.
c.
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
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
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
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.
a.
b.
c.
d.
Voluntary
With the assistance of a competent and independent counsel
Writing
Implied
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.
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.
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.
For
For
For
For
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
A.
B.
C.
D.
E.
Habeas Data
Q2
remedy correct?
A
B
C
Q3
A
B.
C
D
E
C
D
Paper Rule
Q5
Adoption
Q6
A
B
rescind
the
adoption
previously
Q7
A
B
C
D
Q8
B
C
D
Absentees
Q9
A
B
C
D
Appeals
Q10
C
D
B
C
D
Q2
B
C
D
E
Q3
B
C
D
Q4
B
C
D
Q5
B
C
D
Q6
B
C
D
Q7
A
B
C
D
Q8
Q9
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
A
B
C
D
Valid Search.
Searche incidental to a lawful arrest.
Stop and Frisk Search.
Civilian Search.
MCQs in Evidence
Q1
A
B
C
D
Substantial Evidence
Clear and Convincing Evidence
Preponderance of Evidence
Proof Beyond Reasonable Doubt
Q2
A
B
C
D
Q3
A
B
C
D
Reasonable Doubt
Guilt of the accused
Uncertainty of Evidence
Weight and Sufficiency of Evidence
Q4
B
C
D
Q5
A
B
C
D
Q6
A
B
C
D
Preponderance of Evidence.
Substantial Evidence.
Clear and Convincing Evidence.
Proof Beyond Reasonable Doubt.
Q7
B
C
D
Q8
A
B
C
D
Preponderance of Evidence.
Substantial Evidence.
Clear and Convincing Evidence.
Proof Beyond Reasonable Doubt.
Q9
A
B
C
D
Preponderance of Evidence.
Substantial Evidence.
Clear and Convincing Evidence.
Guilt of Notary Public beyond reasonable doubt.
Q10
B
C
D
(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.
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.
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.
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
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
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.
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