MCC ln 8LMLulAL LAW

1 1he venue of a peLlLlon for a [udlclal seLLlemenL of Lhe esLaLe of a resldenL of Lhe hlllpplnes wheLher
a clLlzen or allen ls
a Lhe place where he dled
b hls resldence aL Lhe Llme of hls deaLh
c any of Lhe provlnces where he had any properLy aL Lhe Llme of hls deaLh
d any of Lhe above places aL Lhe opLlon of Lhe peLlLloner
e none of Lhe above
2 Whlch of Lhe followlng ls noL correcL? 1he exLra[udlclal seLLlemenL of Lhe esLaLe of a decedenL ls
allowed
a when he dled LesLaLe
b when he dled lnLesLaLe
c regardless of Lhe value of hls esLaLe
d when he was noL survlved by chlldren
e none of Lhe above
3 Whlch ls correcL? 1he allowance of a wlll ls
a noL concluslve as Lo lLs due execuLlon
b concluslve as Lo lLs due execuLlon
c concluslve as Lo Lhe valldlLy of Lhe dlsposlLlons made Lhereln
d noL concluslve on anyLhlng
4 1he peLlLlon for Lhe allowance of a wlll may noL be flled by
a Lhe LesLaLor hlmself durlng hls llfeLlme
b Lhe execuLor
c Lhe devlsee/ legaLee
d a person who ls noL lnLeresLed ln Lhe esLaLe
3 A wlll proved and allowed ln a forelgn counLry may be allowed ln Lhe hlllpplnes lf
a lL was proved and allowed ln accordance wlLh Lhe laws of such forelgn counLry
b 1he wlll was execuLed ln Lhe hlllpplnes
c 1he wlll was execuLed ln such forelgn counLry
d none of Lhe above
6 Whlch ls noL correcL? A speclal admlnlsLraLor has Lhe power Lo
a Commence and malnLaln sulLs as admlnlsLraLor
b 1ake possesslon of Lhe esLaLe of Lhe deceased
c Sell any properLy of Lhe esLaLe wlLhouL courL auLhorlLy
d ay Lhe debLs of Lhe deceased upon order of Lhe courL
7 1he acLlons whlch may be flled agalnsL an execuLor or admlnlsLraLor do noL lnclude
a recovery of real or personal properLy from Lhe esLaLe
b recovery of an lnLeresL ln such properLy
c enforcemenL of a llen on such properLy
d recovery of a loan evldenced by a promlssory noLe slgned by Lhe decedenL
8 A probaLe courL can
a lssue wrlLs of execuLlon ln all cases
b noL lssue a wrlL of execuLlon ln any case
c lssue a wrlL of execuLlon ln only Lhree (3) lnsLances
9 1he resldue of Lhe esLaLe of a decedenL may be dlsLrlbuLed Lo Lhe helrs even before all Lhe
obllgaLlons of Lhe esLaLe have been pald lf Lhe dlsLrlbuLees or any of Lhem glves a bond Lo guaranLee Lhe
paymenL of Lhe unpald obllgaLlons wlLhln Lhe Llme flxed by Lhe courL
a ln a sum flxed by Lhe courL
b ln an amounL equal Lo Lwlce Lhe sald unpald obllgaLlons
c a cash bond equal Lo Lhe amounL of Lhe sald unpald obllgaLlons
10 1he venue of a peLlLlon for Lhe escheaL of Lhe esLaLe of a decedenL who was a resldenL of Lhe
hlllpplnes ls
a hls resldence aL Lhe Llme of hls deaLh
b Lhe place of hls deaLh
c any of Lhe places where hls properLles are locaLed
d any of Lhe places where he resldes
e Lhe place where he lasL reslded
11 1he venue of a peLlLlon for guardlanshlp of a mlnor or lncompeLenL who resldes ln Lhe hlllpplnes ls
a hls resldence
b Lhe resldence of Lhe guardlan
c Lhe place where any of hls properLles ls locaLed
d anywhere ln Lhe hlllpplnes
12 A reLurn of a wrlL of habeas corpus ls consldered prlma facle evldence of Lhe cause of Lhe deLenLlon
lf
a made by a publlc offlcer
b made by a prlvaLe person
c Lhe deLenLlon ls pursuanL Lo a warranL of arresL
13 When a person ls deLalned by a prlvaLe person Lhe wrlL of habeas corpus ls dlrecLed
a Lo Lhe sald prlvaLe person
b Lo an offlcer of Lhe law
c Lo any person deslgnaLed by Lhe courL
d none of Lhe above
14 Pabeas Corpus lssued by Lhe 8eglonal 1rlal CourL (81C) ls enforceable only ln
a Lhe LerrlLorlal [urlsdlcLlon of Lhe 81C LhaL lssued lL
b Lhe place where Lhe person ls acLually deLalned
c ln Lhe [udlclal reglon Lo whlch Lhe 81C LhaL lssued lL perLalns
d none of Lhe above
13 1he venue of a peLlLlon for a change of name ls
a Lhe place of blrLh of Lhe peLlLloner
b hls resldence
c Lhe place where hls blrLh was reglsLered
d Lhe place where he was bapLlzed
e any place ln Lhe hlllpplnes
16 1he perlod of appeal from an order ln a speclal proceedlng ls
a 13 days from noLlce lf no moLlon for reconslderaLlon ls flled
b 13 days from noLlce of denlal of a moLlon for reconslderaLlon
c 30 days from noLlce
d none of Lhe above
17 Mr a resldenL of Cuezon ClLy was sldeswlped whlle he was walklng along a narrow sLreeL by a
car negllgenLly drlven by Mr uu a resldenL of Manlla Any sulL for damages should be flled ln
a MakaLl clLy where Lhe lncldenL happened
b 1he place sLlpulaLed upon by Lhe parLles afLer Lhe lncldenL
c Manlla Lhe resldence of Mr uu
d Cuezon ClLy lf Mr so deslres
18 1he followlng defenses and ob[ecLlons noL pleaded elLher ln a moLlon Lo dlsmlss or ln Lhe answer are
noL deemed walved Whlch ls Lhe excepLlon?
a !urlsdlcLlon over Lhe sub[ecL maLLer
b !urlsdlcLlon over Lhe person of Lhe defendanL
c LlLls pendencla
d 8es [udlcaLa
e rescrlpLlon
19 Mr flles a complalnL agalnsL Mr uu 1he laLLer falled Lo answer wlLhln Lhe reglamenLary perlod
a 1he courL may moLu proplo declare Lhe defendanL ln defaulL for vlolaLlon of Lhe rules as long as Lhe
defendanL ls noLlfled
b 1he courL may Lhereupon render [udgmenL granLlng Lhe clalmanL Lhe rellef prayed for
c 1he courL may dlrecL Lhe defendanL Lo answer so LhaL Lhe lssues may be [olned
d 1he defendanL ls lpso facLo ln defaulL
e 1he defendanL may be declared ln defaulL upon moLlon of Lhe clalmlng parLy noLlce Lo defendlng
parLy and upon proof of Lhe defendanL's fallure Lo answer
20 Mr SanLos Lhe defendanL ln an acLlon for annulmenL of marrlage falled Lo flle hls answer under Lhe
clrcumsLances
a 1he courL shall order Mr SanLos Lo flle hls answer
b 1he courL may moLu proplo declare Mr SanLos ln defaulL
c 1he courL may declare Mr SanLos ln defaulL upon moLlon of Mrs SanLos and proof Lhe defendanL's
fallure Lo answer
d 1he courL shall order Lhe prosecuLlng aLLorney Lo deLermlne wheLher or noL colluslon exlsLs beLween
Lhe parLles
e 1he courL shall order Lhe prosecuLlng aLLorney Lo prevenL fabrlcaLlon of evldence
21 1he followlng are Lhe grounds LhaL would [usLlfy a moLu proplo dlsmlssal of Lhe complalnL by Lhe
courL Whlch ls Lhe excepLlon?
a lmproper venue
b lallure of plalnLlff Lo appear on Lhe daLe for presenLaLlon of hls evldence ln chlef
c lallure Lo prosecuLe Lhe acLlon for an unreasonable lengLh of Llme
d lallure Lo comply wlLh Lhe 8ules
e lallure Lo comply Lhe order of Lhe courL
22 uu defendanL ln a clvll sulL falled Lo appear durlng Lhe preLrlal
a Pls appearance ls excused provlded hls counsel ls presenL
b Pls appearance ls excused as long as hls aLLorney ls fully auLhorlzed ln wrlLlng Lo enLer lnLo an
amlcable seLLlemenL wlLhouL need for showlng a cause for hls absence
c Pls nonappearance wlll be excused only lf he ls lncapaclLaLed
d Pls fallure Lo appear wlLhouL [usLlflable cause wlll auLomaLlcally auLhorlze Lhe plalnLlff Lo presenL hls
evldence ex parLe
e none of Lhe above sLaLes a correcL procedural rule
23 Mr sued Mr uu Mr CC belleves LhaL he has a legal lnLeresL ln Lhe sub[ecL maLLer of llLlgaLlon
and ln Lhe success of Mr uu
a WlLhouL leave of courL Mr CC may lnLervene ln Lhe sulL
b Mr CC should flle a Lhlrd parLy complalnL wlLh leave of courL
c Mr CC should flle an lnLer pleader wlLh leave of courL
d Mr CC should flle a crossclalm wlLh leave of courL
e Mr CC wlLh leave of courL may lnLervene ln Lhe sulL
24 Mr sued Mr uu who ln hls answer generally denled Lhe maLerlal allegaLlons ln Lhe complalnL
Mr should flle a
a uemurrer Lo evldence
b A reply Lo Lhe answer
c A moLlon for blll of parLlculars
d A moLlon for summary [udgmenL
e A moLlon for [udgmenL on Lhe pleadlngs
23 LxLraLerrlLorlal servlce of summons ls proper only ln Lhe followlng lnsLances Whlch ls Lhe
excepLlon?
a When Lhe acLlon agalnsL Lhe resldenL defendanL affecLs Lhe personal sLaLus of Lhe plalnLlff and Lhe
defendanL ls Lemporarlly ouLslde Lhe hlllpplnes
b When Lhe acLlon ls agalnsL a nonresldenL defendanL who ls formerly a hlllpplne resldenL and Lhe
acLlon affecLs Lhe personal sLaLus of Lhe plalnLlff
c When Lhe acLlon agalnsL Lhe nonresldenL defendanL relaLes Lo properLy wlLhln Lhe hlllpplnes ln
whlch Lhe defendanL has a clalm or llen
d When Lhe nonresldenL defendanL ls Lo be excluded from any lnLeresL on a properLy locaLed ln Lhe
hlllpplnes
e When Lhe nonresldenL defendanL's properLy ls Lo be aLLached ln Lhe hlllpplnes
26 Mr has [usL compleLed presenLaLlon of hls evldence agalnsL Lhe defendanL Mr uu 8ellevlng LhaL
Lhe plalnLlff has shown no rlghL Lo rellef upon Lhe facLs and Lhe law Mr uu moved Lo dlsmlss Lhe
complalnL (demurrer Lo evldence) 1he moLlon was granLed and Lhe complalnL was dlsmlssed Mr
appealed and Lhe appellaLe courL reversed Lhe order of dlsmlssal
a Mr uu may lnslsL on hls rlghL Lo presenL evldence ln supporL of hls defense on Lhe ground of due
process
b Mr uu ls deemed Lo have walved hls rlghL Lo presenL hls evldence
c Mr uu should avall of cerLlorarl as a mode of appeal
d Mr uu should avall of cerLlorarl as a speclal clvll acLlon and ralse [urlsdlcLlonal grounds
e Mr uu should avall of prohlblLlon Lo prevenL Lhe lower courL from furLher proceedlngs
27 Mr uu losL ln a clvll sulL flled agalnsL hlm by Mr Mr uu honesLly belleves LhaL Lhe [udgmenL ls
conLrary Lo law and LhaL lLs flndlngs are noL supporLed by Lhe evldence Mr was also awarded
damages whlch Mr uu belleves as excesslve" 1he remedy of Mr uu ls
a Lo flle an appeal by cerLlorarl
b Lo flle a moLlon for new Lrlal and lf denled Lhen appeal from Lhe [udgmenL
c Lo flle a moLlon for reconslderaLlon and lf denled flle a peLlLlon for cerLlorarl ralslng [urlsdlcLlonal
grounds
d Lo flle a moLlon for reconslderaLlon and lf denled Lhen appeal from Lhe [udgmenL
e Lo flle an acLlon Lo annul Lhe [udgmenL
28 AfLer a [udgmenL has become flnal and execuLory Lhe followlng may consLlLuLe a remedy of Lhe
loslng parLy Whlch ls Lhe excepLlon?
a eLlLlon for rellef
b AcLlon Lo annul Lhe [udgmenL
c MoLlon for a new Lrlal or conslderaLlon
d Any of 'a' or 'b'
e none of Lhe above
29 !udgmenLs of Lhe 8eglonal 1rlal CourL rendered ln Lhe exerclse of lLs appellaLe [urlsdlcLlon may be
assalled
a by ordlnary appeal Lo Lhe CourL of Appeals
b by peLlLlon for revlew Lo Lhe Supreme CourL
c by peLlLlon for revlew Lo Lhe CourL of Appeals
d by ordlnary appeal Lo Lhe Supreme CourL
e by appeal by cerLlorarl Lo Lhe Supreme CourL
30 AL Lhe commencemenL of Lhe acLlon or aL any Llme before enLry of [udgmenL a plalnLlff or any
proper parLy may avall of a remedy Lo secure Lhe saLlsfacLlon of Lhe [udgmenL LhaL may be rendered by
Lhe courL 1hls remedy ls
a acclon paullana
b acclon relvlndlcaLorla
c prellmlnary aLLachmenL
d prellmlnary ln[uncLlon
e replevln
Answer key
8
A
8
u
A
C
u
C
A
L
A
C
8
C
8
8
u
C
L
u
A
L
L
L
A
8
u
C
C
C
31. Whenever conflicting claims upon the same subject matter are or may be made against a person who
claims no interest whatsoever in the subject matter, he may bring an action against the conflicting claimants
to compel them to litigate their several claims among themselves. This action is called:
a. declaratory relief
b. partition of claims
c. receivership
d. inter pleader
e. none of the above
32. When a person is interested under a deed, will, contract or other written instrument and whose rights
are affected by a statute, executive order or regulation, before the breach or violation thereof, may file a
petition for declaratory relief in order:
a. to determine the effectivity of a statute
b. to seek for affirmative relief, specifically for damages
c. to seek for a declaration of the petitioners rights or duties
d. to find ways to attack the constitutionality of an executive order
e. to determine the effectivity of a law
33. When any tribunal board or officer exercising judicial or quasi-judicial functions has acted without or in
excess of jurisdiction or with grave abuse of discretion, amounting to lack or excess of jurisdiction, and the
purpose is to have the judgment or order of such tribunal board or officer annuled or modified, the remedy
available is:
a. certiorari under Rule 45
b. certiorari under Rule 65
c. prohibition
d. mandamus
e. quo warranto
34. Real Evidence is addressed to -
a. the senses of the Court
b. the opinion of an expert
c. the lawyer propounding the question
d. the clerk of court
35. A mere offer of compromise is admissible to prove-
a. civil liability
b. criminal propensity
c. criminal guilt
d. negligence
36. A witness is allowed to refer to a memorandum to refresh his memory-
a. respecting a matter of law
b. respecting the opinion of an expert
c. respecting a matter of fact recorded by his superior
d. respecting a matter of fact he recorded a long time ago
37. Independent relevant evidence is admissible to -
a. to prove the truth of a fact
b. to prove the falsity of a fact
c. to convince the judge to decide the case in favor of a party
d. to show that a fact occurred whether it is true or not
38. The testimony of a single witness is -
a. never credible
b. is always credible
c. can be credible only if corroborated
d. may be believed even if not corroborated
39. When must an accused not under preventive detention be arraigned?
a. Within 30 days after the filing of the complaint or information against him.
b. Within 30 days after the approval of his bail bond.
c. Within 30 days from the date the court has acquired jurisdiction over his person.
40. The court may allow an accused to plead guilty to a lesser offense necessarily included in the offense
charged against him, if his offer to so plead is consented to by:
a. the public prosecutor
b. the private offended party
c. the public prosecutor and the private offended party
41. Leave of court is required for an amendment of a complaint or information even before the accused has
been arraigned, if the amendment:
a. is of a substantial nature
b. upgrades the nature of the offense from a lower to a higher offense
c. includes another accused
d. downgrades the nature of the offense from a higher to a lower offense or excludes any accused
42. 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 the offense charged is below four (4) years, two (2) months and one (1)
day of prision correccional.
c. In cases where the minimum penalty for the offense charged is four (4) years, two (2) months and one
(1) day of prision correccional.
43. When is an order sustaining a motion to quash a bar to a prosecution for the same offense?
a. If the ground thereof is lack of jurisdiction of the court over the offense charged.
b. If the ground thereof is that the complaint or information charges two or more offense, which do not
constitute a complex offense.
c. If the ground thereof is the prescription of the offense or the penalty therefore.
44. When is the authentication of a private document offered in evidence not required?
a. When it is offered as an authentic document.
b. When it is more than 30 years old, produced from a custody in which it would naturally be found if
genuine, and is unblemished by any alteration or circumstance of suspicion.
c. When it is less than 30 years old at the time of its presentation.
45. Which of the following is not correct? A party against whom a witness testified may impeach the latter
by:
a. contradictory evidence
b. evidence that his general reputation for truth, honesty or integrity is bad
c. evidence that he has made at other times statements inconsistent with his present testimony
d. evidence of particular wrongful acts committed by the witness
46. When is the extra-judicial confession of an accused sufficient for conviction?
a. Even without corroboration thereof by evidence of corpus delicti.
b. Only when it is corroborated by evidence of corpus delicti.
c. Regardless of whether or not it is corroborated by evidence of corpus delicti.
47. The written agreement between AA, a resident of Abra, and BB, a resident of Cagayan made before the
suit, states that "any suit involving this lot located in Nueva Ecija, shall be filed only in the proper court of
Pampanga. Hence, the suit must be filed:
a. in Abra
b. in Cagayan
c. in Nueva Ecija
d. In Pampanga
48. The Regional Trial Court (RTC) affirmed the order of the Municipal Trial Court (MTC) granting a motion to
dismiss (MTD) on the ground that it has no jurisdiction over the subject matter of the case. Such subject
matter is within the jurisdiction of the RTC. Hence, what should RTC do?
a. Must merely affirm the MTC order.
b. Remand the case to the MTC for further proceedings.
c. Must try the case on the merits as if the case was originally filed with it.
49. In appeals by notice of appeal, when does the court lose jurisdiction over the case?
a. Upon the perfection of the appeal of a party filed in due time.
b. Upon the expiration of the time to appeal of the other parties.
c. Upon the perfection of the appeal of a party filed in due time and the expiration of the time to appeal of
the other parties.
50. When may a plaintiff amend his pleading once as a matter of right?
a. At any time before the defendant has served on him his responsive pleading.
b. At any time after the defendant has served on him his responsive pleading.
c. A plaintiff has no right to amend his pleading, unless the court has previously given him leave to amend
his pleading.
51. In an original action for certiorari, prohibition, mandamus, quo warranto, when does the Court of
Appeals acquire jurisdiction over the person of the respondent?
a. By the service of summons upon him
b. By the service of a copy of the petition on him
c. Upon the service on him of the owner or resolution of the court of appeals indicating its initial action on
the petition or by his voluntary submission to the jurisdiction of the court of appeals.
52. When the court renders a judgment in a judicial foreclosure against the defendant, when is the
mortgaged property sold at public auction to satisfy the judgment?
a. After the decision has become final and executory.
b. After the failure of the defendant to pay the judgment amount within the period fixed in the decision
which shall not be less than ninety (90) nor more than one hundred twenty (120) days from entry of
judgment.
c. The mortgaged property is never sold at public auction.
53. In an action for the recovery of personal property, at what stage of the proceedings may the plaintiff
apply for an order for the delivery of such property to him?
a. At any time during the trial
b. After an answer has been filed
c. At the commencement of the action but before an answer has been filed.
54. The court is mandated to take judicial notice of the fact that:
a. On 05 February 1945, the seat of the Philippine Republic had been transferred to Baguio City.
b. Real estate is usually declared for taxation purposes by the owners thereof with an assessed value much
lower than their actual market value.
c. There is a crisis in the pre-need industry.
d. Before reaching a station, buses slow down and the conductor announces the name of the station.
55. What is NOT considered an original of a document:
a. An entry repeated in the course of business, one being copied from another at or near the time of the
transaction.
b. A carbon copy of an application form
c. A document executed in triplicate at or about the same time with identical contents.
d. None of the above
56. All except one of the following is hearsay:
a. An affidavit of a witness to the execution of a document who was not presented as a witness in the trial.
b. The testimony of the owner of a building founded on the record prepared according to the verbal
statements of his employees.
c. The testimony of a complainant regarding text messages he received from a respondent.
d. The testimony of a police inspector that he was told by others that there were several gambling houses in
a town among them the defendants.
57. All except one of the following is true with respect to confessions:
a. It is a categorical acknowledgment of guilt.
b. It must always be express, never implied.
c. It may be made by third persons and, in certain cases, are admissible against a party.
d. It may be made only by the party himself and, in some instances, are admissible against his co-accused.
58. What is NOT allowed to happen in enforcing a foreign judgment in the Philippines?
a. The court with which the action to enforce the foreign judgment is filed takes judicial notice of the foreign
judgment.
b. The party who files the action presents a certified true copy of the judgment by the clerk of the court of
the foreign tribunal that rendered it.
c. The party who files the action presents a certification from the Philippine diplomatic representative in the
said foreign country that the person who issued the copy is the legal custodian thereof.
d. All of the above
59. The police sought A for questioning in connection with the killing of the deceased. He was seen wearing
a bloodstained shirt. During his interrogation, A was not assisted by counsel. He admitted his guilt and
showed the knife he used to commit the crime. What piece of evidence is admissible?
a. The bloodstained shirt
b. The knife he used to commit the crime
c. His extra-judicial confession
d. None of the above
60. Z was charged with robbery with rape. He took the stand on his own behalf and testified on the alleged
robbery. On what matters may the prosecution cross examine the accused?
a. Only matters touched upon by Z in his direct testimony.
b. Matters involving the alleged rape.
c. Matters involving Z and other relevant matters.
d. All of the above