Rule 70

1. In a case of forcible entry and unlawful detainer, the defendant raises the question of
ownership in his pleadings and he claims that the question of possession cannot be
resolved without deciding the issue of ownership. The issue should be resolved only to
determine the issue of :
a. Possession
b. Ownership
c. Possession and Ownership
d. Amount for the Payment of the rent

ANSWER:

a. Possession

2. In a complaint for unlawful detainer, the following key jurisdictional facts must be alleged and
sufficiently established except:oblesvirtualLawlibrary

(a) initially, possession of property by the defendant was by contract with or by tolerance of the
plaintiff;
(b) eventually, such possession became illegal upon notice by plaintiff to defendant of the
termination of the latters right of possession;
(c) thereafter, the plaintiff remained in possession of the property and deprived the defendant
of the enjoyment thereof;
(d) within one year from the last demand on defendant to vacate the property, the plaintiff
instituted the complaint for ejectment.

ANSWER:
(b) thereafter, the plaintiff remained in possession of the property and deprived the defendant of
the enjoyment thereof;

3. What is the effect of the absence of a prior demand in an action for unlawful detainer?
a. It is not indispensable and the action may still prosper provided that it can be proved
that there is an existence of Force, intimidation, Stealth, Threat and Strategy.
b. It could not lead to the dismissal of the case
c. It is indispensable or jurisdictional that a demand to pay rental or comply with the
conditions of the lease and vacate is made after an action was filed.
d. It could lead to the dismissal of the case.

ANSWER:

D. it could lead to the dismissal of the case.

4. The following statements are correct except:
a. The period of one year is reckoned from, in the case of forcible entry, the date of
actual possession if the deprivation or the ground for the action is force, intimidation,
or threat;
b. In unlawful detainer, the period of one year is counted from the date of last demand.
c. In unlawful detainer, from the date the respondent refuses to vacate.
d. From the date of discovery and prohibition if the deprivation or ground for the action
is strategy or stealth.

e. ANSWER: c. In unlawful detainer, from the date the respondent refuses to vacate.

5. Petitioners alleged in their complaint that they inherited the property registered under
TCT No. C-32110 from their parents; that possession thereof by private respondent was
by tolerance of their mother, and after her death, by their own tolerance; and that they had
served written demand on December, 1994, but that private respondent refused to vacate
the property. Evidence revealed that defendant started to occupy the subject lot and then
built a house thereon without the permission and consent of petitioners and before them,
their mother. whether or not petitioners case for unlawful detainer will prosper:

A. Yes, because the evidence revealed that the possession of defendant was illegal at the
inception and not merely tolerated as alleged in the complaint.

B. No, defendants entry into the land was effected clandestinely, without the knowledge
of the owners, consequently, it is categorized as possession by stealth which is forcible
entry.

c. Yes, because the possession thereof by respondent was by tolerance of their mother.

d. No, because tolerance must be present right from the start of possession sought to be
recovered, to categorize a cause of action as one of Forcible entry not of unlawful
detainer.

ANSWER: B. No, defendants entry into the land was effected clandestinely, without the
knowledge of the owners, consequently, it is categorized as possession by stealth which
is forcible entry. (Go, Jr. v. Court of Appeals

6. A possessor deprived of his possession through forcible entry or unlawful detainer may
within ___from the filing of the complaint present a motion in the action for forcible
entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction
to restore him in his possession

a. Within 10 days
 b. 5 days
c. 15 days
d. 30 days

RULE 69

7. When it is made to appear that the real estate or a portion thereof cannot be divided, the
court may order:
a. The immediate sale of the real estate and distribute the proceeds thereof in
accordance with the interest of each.
b. Order it assigned to one of the parties willing to take the same provided he pays to the
other parties such amounts as the commissioners deemed equitable.
c. To place the property under judicial deposit until the parties have decided to partition.
d. To keep the property undivided for not more than 10 years.

ANSWER: b. Order it assigned to one of the parties willing to take the same provided
he pays to the other parties such amounts as the commissioners deemed equitable.

8. If the parties are unable to agree upon the partition, the court shall:
a. Appoint a person to make the partition
b. Appoint not more than 3 competent and disinterested persons as commissioners to
make the partition.
c. On its own partition the property after determination of the shares pertaining to
each of the co-owners.
d. Compel the parties to make an agreement in writing subject to the approval of the
court.

ANSWER:
b. Appoint not more than 3 competent and disinterested persons as commissioners to
make the partition.

9. The commissioners assigned the real estate in favor of one of the co-owners however
there was no full and accurate report to the court of all their proceedings as to the
assignment. What is the effect of such assignment?

a. It is valid as long as it is ratified by the co-owners.

b. It is invalid because the court has not accepted the report of the commissioners and
rendered judgment thereon.
c. It is invalid because it must first be offered in a public sale .
 d. It is valid because report is not indispensable provided that the court ratified the same.

ANSWER: b. It is invalid because the court has not accepted the report of the
commissioners and rendered judgment thereon.

10. The following are not the duties of the commissioners in partition except:
a. Before making such partition, the commissioners shall indicate their names,
residence, intention, purpose and relationship in a written instrument to be filed in the
court.
b. Before making such partition, the commissioners shall take and subscribe an oath that
they will faithfully perform their duties as commissioners, which oath shall be filed in
the court with the other proceedings.
c. Before and after making such partition, the commissioner shall make an inventory of
the property which may come into their possession.
d. Before making such partition, he shall make a report and comment which the parties
agreed upon in writing and file it before the court.

ANSWER:

b. Before making such partition, the commissioners shall take and subscribe an
oath that they will faithfully perform their duties as commissioners, which
oath shall be filed in the court with the other proceedings.

RULE 68
11. A proceeding for judicial foreclosure of mortgage is an action:
a. In rem
b. In Personam
c. Quasi in rem

ANSWER: C. Quasi in rem. It is based on personal claim against a specific property of

the defendant. Its purpose is to have the property seized and sold by court order to the end
that the proceeds thereof be applied to the payment of plaintifs claim. (ocampo vs
domalanta)

12. The following are the options or remedies of mortgagee in case of death of the debtor
except:
a. To waive the mortgage and claim the entire debt from the estate of the mortgagor
as an ordinary claim
 b. To foreclose the mortgage judicially and prove any deficiency as an ordinary
claim
c. To rely on the mortgage exclusively, foreclosing the same at any time before it is
barred by prescription without right to file a claim for any deficiency.

d. He may not foreclose because it does not survive the death of the mortgagor
because the claim is purely money and he may go against the estate of the
decedent.

ANSWER: D. He may not foreclose because it does not survive the death of the mortgagor
because the claim is purely money and he may go against the estate of the decedent. (Maglaque
vs Planters Devt Bank)

13. In Judicial foreclosures, the foreclosure is not completed until:

a. The sheriffs certificate is executed, acknowledged and recorded.
b. When it is confirmed by the interested parties in writing, acknowledged and
recorded.
c. The property mortgaged was placed into the possession of the judgment
mortgagee

ANSWER:

a. The sheriffs certificate is executed, acknowledged and recorded (DBP vs. Zaragoza)

14. What is the effect of confirmation of sale?

a. There can be no redemption of the property after the sale has been confirmed by
the court.
b. The previous owners does not lose any right they may have had over the property
c. The rights are in turn vested on the purchaser of the property subject to the right
of redemption.
d. The court may still grant the judgment debtor/mortgagor an opportunity to pay the
proceeds of the sale.

ANSWER: a. there can be no redemption of the property after the sale has been confirmed by the
court. (Lonzame vs. Amores)
 15. The following statements are true except:

a. The confirmation of the sale of mortgaged real property cuts off all the rights or
interests of the mortgagor and of the mortgagee and persons holding under him.
b. The confirmation of the sale of mortgaged real property retroacts to the date of the
sale
c. The confirmation of the sale of mortgaged real property is a final order
d. The confirmation of the sale of mortgaged real property is an interlocutory order

ANSWER: d. it is an interlocutory order (ocampo vs domalanta)

16. If the property has been mortgaged in favor of the Philippine National Bank, redemption
is:
a. Allowed within one year after the sale from the confirmation of the sale in
Judicial Foreclosure.
b. is not allowed after the confirmation of the sale in a judicial foreclosure
c. Not allowed Legal redemption is only allowed in extrajudicial foreclosure of sale
d. Allowed only before the confirmation of the sale in judicial foreclosure.

ANSWER: A. allowed within one year after the sale from the confirmation of the sale in judicial
foreclosure. Redemption must be made within one year after the sale, if the mortgagee is a bank,
banking or credit institution. Only foreclosure of mortgages to banking institutions and those
made extrajudicially are subject to legal redemption by express provision of the statute. (Villa vs
Javier)

17. What is the effect of an order of confirmation of sale without hearing and notice?
a. Valid and the mortgagor cannot anymore redeem the property
b. It may be set aside anytime and the mortgagor may still redeem the property.
c. The order of confirmation may be set aside only within one year from the
confirmation of the sale in judicial foreclosure.
d. Valid because it is a final order and binding upon the parties.

ANSWER: B. it may be set aside anytime and the mortgagor may still redeem the property
because the order of confirmation is void for lack of notice and hearing. (Rural bank vs
Oroquieta)
 18. Which of the following statements is correct?
a. In judicial foreclosure, the mortgagee has the right to claim for deficiency
b. In judicial foreclosure, If there be a balance due to the mortgagee after applying
the proceeds of the sale, the mortgagee is not entitled to recover the deficiency.
c. A deficiency claim arising from the extrajudicial foreclosure is absolutely not
allowed.
d. If the mortgagor is a third person and not the debtor himself, he is liable for any
deficiency .

ANSWER: A. in judicial foreclosure, the mortgagee has the right to claim for deficiency.
(DBP vs. Mirang)

19. What is the prescriptive period for an action for the recovery of deficiency in case of a
judicial foreclosure of mortgage?

a. 10 years from the time the action accrued.

b. 4 years from the time the action accrued.
c. 1 year from the time the action accrued
d. 3 years from the time the action accrued.

ANSWER: A. 10 years from the time the action accrued. (DBP vs Toneldan)

20. What is the effect if the mortgagee filed for an ordinary action for collection?
a. He still may exercise his right to foreclosure the mortgage
b. It operates as a waiver of the mortgagee-creditors remedy to foreclose the
mortgage.
c. He may not exercise his right to foreclose the mortgage because the remedy of
mortgage is cumulative.
d. He may still exercise his right to foreclose the mortgage because the remedy is
alternative.

ANSWER: B. it operates as a waiver of the mortgagee creditors remedy to foreclose the

mortgage. The remedy is alternative and he has only one cause of action. He cannot split up the
cause of action by filing a complaint for payment of the debt and another complaint for
foreclosure of mortgage. (Bank of America vs American realty corporation, Caltex phils vs
IAC)