Rem MCQ

REMEDIAL LAW 2
ATTY. VILLASIS
UE-BRC
Marc Laurence R. Monterde

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 held
for trial
D. Errors or irregularities prejudicial to the substantial rights of the accused have
been committed during trial.
6. No person may be compelled to testify against his
A. Parents
B. Other direct ascendants
C. Children or other direct descendants
D. All of the above
7. In relation to the question in no. 6, this privilege is called
A. Testimonial privilege
B. Privileged communication
C. Admission by silence
D. Admission against interest
8. It provides a judicial remedy to protect a persons right to information
regarding oneself, particularly in instances where such information is being
collected through unlawful means inorder to achieve unlawful ends.
A. Writ of Amparo
B. Writ of Habeas Data
C. Writ of Habeas Corpus
D. Adoption
9. The following may file a petition for the issuance of Writ of Habeas Date
A. Any aggrieved party

B. Any member of the immediate family of the aggrieved party, namely the
spouse, children and parents
C. Any ascendant, descendant or collateral relative of the aggrieved party within
the fourth civil degree of consanguinity or affinity
D. All of the above
E. None of the above
10. The following are prohibited pleadings and motions in a petition for the
issuance of a Writ of Amparo
A. Motion to dismiss
B. Reply
C. Third-party complaint
D. Intervention
E. All of the above
F. None of the above

Criminal Procedure
2.
In a criminal case, any party may appeal from a judgment or final order,
unless the accused will be placed in
E. Double Jeopardy
F. Preliminary Investigation
G. Trial in absentia
H. Custodia legis
3.
If personal service of the copy of the notice of appeal cannot be made
upon the adverse party or his counsel, service may be done by
E. Registered mail
F. Substituted service
G. Publication
H. Private courier
3. An appeal may be taken within
E. 60 days from promulgation of judgment or from notice of the final order
appealed from.
F. 20 days from the promulgation of judgment or from notice of the final order
appealed from
G. 15 days from the promulgation of judgment or from notice of the final order
appealed from
4. Appeal may be withdrawn before the record has been forwarded by the clerk
of court to the proper appellate court as provided in Section 8 Rule 122
E. True
F. False
G. Maybe, but im not sure
H. Probably false
5. A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a prosecutor, directed to a peace officer, commanding him
to search for personal property described therein and bring it before the court.
E. True
F. False
G. Partly true and partly false
H. Who cares
6. An application for search warrant shall be filed with the following:
E. Any court within whose territorial jurisdiction a crime was committed
F. At the option of the private complainant as provided in section 28 of RA 8282
G. For compelling reasons, stated in the application, any court within the judicial
region where the crime was committed if the place of the commission of the
crime is known, or any court within the judicial region where the warrant shall be
enforced.
H. All of the above
7. A search warrant may be issued for the search and seizure of personal
property:
E. Subject of the offense
B. Stolen or embezzeled and other proceeds, or fruits of the offense
C. Held in custodia legis
D. Used by the arrestees/surrenderees of oplan tokhang
8. A search warrant shall not issue except upon probable cause in connection with
one specific offenseto be personally examined by the prosecutor after
examination under oath and affirmation of the complainant and the witnesses in
the preliminary investigation and particularly describing the place to be searched
and things to be seized which may be anywhere in the Philippines
E. True
F. False
G. Partly true
H. Entirely false
9. A search warrant shall be valid for:
A. 10 days from its date.
B. 120 days from date of issue and shall be deemed automatically cancelled if the
peace officers have not made use of it
D. Not later than 60 days from issue of the search warrant
11. No search of a house, room, or any other premises shall be made except in
the presence of the
G. Lawful Occupant
H. Any member of the family of the lawful occupant
I. Two witnesses of sufficient age and discretion residing in the same locality
J. Security personnel of the place
K. All of the above
2nd Batch
MCQs in Special Proceedings

Rules 86 to Rule 98
1.
In claims against estate, the notice to the creditors shall be posted:

a. for a period of two (2) weeks successively in one (1) public place in the
province and in one (1) public places in the municipality where the
decedent last resided;
b. within a period of three (3) weeks successively in four (4) public places
in the province and in two (2) public places in the municipality where
the decedent last resided;
c. within a period of three (3) weeks successively in four (4) public places
in the province and in two (2) public places in the municipality where
the property is located;
d. within a period of two (2) weeks in one (1) public place in the province
and in one public place in the municipality where the property is
located.
2. The person who embezzled or alienates any of the money, goods, chattels
or effects of the deceased shall be liable for double the value of the
property sold, embezzled or alienated to be recovered for the benefit of
the:
a. Executor;
b. Administrator;
c. Administration;
d. Estate;
e.
State.
3. The ___________________ of the deceased ranked first in the payment of the

debts of the estate.
a. Real properties;
b. Mixed properties;
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?
a. No, the period is non-extendible;
b. Yes, in its discretion;
c. Maybe.
8. The executor or administrator is prohibited from selling personal property

of the decedent without court order even if the heirs and other persons
interested have consented thereto.
a. False;
b. True;
c. Maybe
9. _______________ refers to the determination of the assets of the estate and
payment of all debts and expenses.
a. Administration
b. 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.
_________________ is the formal mode and manner of implementing the

constitutional right of an accused to be informed of the nature and
accusation against him.
a.
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.
Arraignment on the amended information is discretionary on the part

of the court;
b. Arraignment on the amended information is optional on the part of the

accused;
c. Arraignment on the amended information is mandatory.
3. May arraignment of the accused be made after a case has been submitted
for decision?
a. No, as this procedural error was tantamount to a denial of his
constitutional right to be informed of the accusation against him;
b. No, as his subsequent arraignment did not cure the defect in the trial
proceedings as the trial court had not acquired jurisdiction over his
person;
c. Yes, as his arrest, not his arraignment, conferred on the trial court
jurisdiction over his person.
4. May an oral motion to quash be made?

a. Yes;
b. No;
c. It depends.
5. Courts should consider no ground other than those stated in the motion
to quash.
a. Yes, the rule is absolute;
b. Yes, except the ground of lack of jurisdiction over the offense charged;
c. Yes, except the ground of lack of jurisdiction over the person of the
accused.
6. The absence of a preliminary investigation or inability to participate in the

preliminary investigation is not a proper ground for a motion to quash but
for a petition for reinvestigation.
a. False;
b. True;
c. Maybe.
7. The ______________ bind the parties, limit the trial to matters not disposed of
and control the course of the action during the trial, unless modified by
the court to prevent manifest injustice.
a. Preliminary Conference;
b. Pre-trial Brief;
c. Pre-Trial Order.
8. The ________________ allows the parties to object to the presentation of an

evidence which may not be admissible for the purpose for which it was
offered.
a. Formal entry of appearance;
b. Formal offer of evidence;
c. Formal receipt of evidence.
9. __________________ is the adjudication by the court that the accused is guilty

or not guilty of the offense charged and the imposition on him of the
proper penalty and civil liability, if any.
a. Jurisdiction;
b. Judgment;
c. Judicial decree.
10. When does a motion for new trial or reconsideration be filed under the
Rules of Court?
a.
Any time before entry of judgment;
b. Any time before a judgment of conviction becomes final;

c. Any time before dismissing the case.
Evidence Rules 131 to 132

Katarungang Pambarangay Law
Examination of Child Witness Rule
Electronic Evidence Rule
Rule on Procedure on Environmental Cases
1. _______________ is the duty of a party to present evidence on the facts in

issue necessary to establish his claim or defense by the amount of the
evidence required by law.
a. Burden of evidence;
b. Burden of proof;
c. Substantial evidence.
2. Leading question is one which assumes as true a fact not yet testified
to by the witness or contrary to that which he has previously stated
and is answerable by yes or no.
a.
False;
b. True;
c.
False and true;
d. True and false.
3. If and when documents or things offered in evidence are excluded by

the court, what is the initial remedy of the offeror?
a. The offeror may file a motion for reconsideration on the order of
the court;
b. The offeror may have the same attached to or made part of the
record;
c. The offeror may file an administrative case against the judge.
4. When may an offer of evidence in writing be objected to?

a. Within five (5) days after notice of the offer unless a different period
is fixed by the court;
b. Within four (4) days after notice of the offer unless a different
period is fixed by the court;
c.
Within three (3) days after notice of the offer unless a different
period is fixed by the court.
5. Under the Rule on Examination of a Child Witness, _______________

means a person appointed by the court to pose questions to a child.
a. Initiator;
b. Coordinator;
c. Facilitator;
d. Mediator.
6. In the conduct by the judge of the examination of a child witness as to

his competence under the rule on examination of a child witness:
a. The counsel for the parties, can ask directly the child witness;
b. The counsel for the parties, can submit questions to the judge and
the judge shall immediately ask the child;
c.
The counsel for the parties, can submit questions to the judge and
that the judge may, in his discretion, ask the child.
7. Under the Rules on Electronic Evidence, ________________ refers to an

electronic document or electronic data message bearing a digital
signature verified by the public key listed in a certificate.
a. Electronically signed;
b. Manually signed;
c. Digitally signed;
d. Alphanumerically signed.
8. What is the rule on the applicability of the Rules on Electronic

Evidence?
a. It shall apply to all cases filed after its effectivity;
b. It shall apply to all cases pending after its effectivity;
c. It shall apply to all cases pending or filed after its effectivity.
9. _________________ is a writ issued by a court in an environmental case

directing any agency or instrumentality of the government or officer
thereof to perform an act or series of acts decreed by final judgment
which shall remain effective until judgment is fully satisfied.
a. Writ of Kalikasan;
b. Writ of Amparo;
c. Writ of Habeas Data;
d. Writ of Continuing mandamus.
10. Under the Katarungang Pambarangay Law, the Lupon shall appoint any
member of the barangay who will act and serve as the secretary of the
lupon.
a. True;
b. False;
c. Maybe.
SPECIAL PROCEEDINGS
1. Habeas Corpus extends to
I. All cases of illegal confinement or detention
J. Rightful custody of any person from the person entitled thereto
K. Both A and B
L. Extra legal killings
4.
Requisite/s of application for Habeas Corpus
I. Person in whose benefit the application is made is imprisoned or restrained of

his liberty
J. The officer or name of the person by whom he is so imprisoned or restrained;

or both are unknown or uncertain, such officer may be described by an assumed
appelation, and the person who is served with the writ shall be deemed the
person intended
K. The place where he is so imprisoned or restrained if known
L. Copy of the commitment or cause of detention of such person, if it can be
procured without impairing the efficiency of the remedy; or if the imprisonment
or restraint is without any legal authority, such fact shall appear
M. All of the above
N. None of the above
3. A person desiring to change his name according to Rule 103 shall present the
petition to the
H. Court of First Instance of the province in which he resides
I. The City of Manila, to the Juvenile and Domestic Relations Court
J. The Office of the City Prosecutor
4. Content/s of the petition for change of name
I. The petitioner has been a bona fide resident of the province where the petition
is filed for atleast three years prior to date of such filing
J. The cause for which the change of name is sought
K. The name asked for
L. All of the above
5. Who may file a petition for declaration of absence
I. Spouse present
J. The Paramour
K. The state
L. The sari-sari store owner where the absentee usually buys
7. Who may file a petition for cancellation or correction of enties in the civil
registry:
I. The Solicitor General
J. Any person interesetend in any act, event, order or decree concerning the civil
status of persons which has been recorded in hte civil register
K. The officers conducting the search as instruced by lawful superiors

L. The Chief Justice of the Supreme Court
M. All of the above
8. Upon filing of the petition, the court shall by an order, fix the time and place
for the hearing of the same, and cause the reasonable notice thereof to be given
to the persons named in the petition for:
F. Three consecutive days
B. Once a week for three consecutive weeks in a regional newspaper
C. Once a week for five consecutive months in a newspaper of general circulation
in the province
D. Once a week for three consecutive weeks in a newspaper of general circulation
in the province
E. After the jedi returns according to Rule 4 of the Starwars saga
8. Appeals in Special Proceedings may be filed where the order of judgment
I. Allows or disallows a will
J. The apprentice is bestowed the level of a Jedi knight
K. The person arrested escaped confinement
L. None of the above
9. No writ of Habeas Corpus can be disobeyed for defect of form if it sufficiently
appears therefrom in whose custody or under whose restraint the party
imprisoned or restrained is held and the court or judge before whom he is to be
brought
A. True
B. False
C. Who cares
D. Im clueless
10. The Solicitor General or the proper city or provincial fiscal shall appear on
behalf of the Government of the Republic in petitions filed in accordance with
Rule 103
L. True
M. False
N. Who cares
D. Wag niyo sakin itanong yan
Prepared by: Lemuel Paul M. Alegado

Special Proceedings questions
Rule 72-85 and Judicial Affidavit Rule
1. A filed a case against B for a sum of money arising out of a contract. While
the case was pending, B died. If you were the lawyer for A, what would
your action be?
A) File a motion to dismiss the action and file an action of claims against
the estate
B) File a motion to suspend the proceedings
C) Wait until the final termination of the case
D) File a motion to have your client be declared the administrator of the
estate of B.
Answer: C- Sec 20, Rule 3 ROC
2. During a probate proceeding, A, a creditor of the deceased, filed a motion
to declare him the owner of one of the properties in the settlement of
estate. All heirs and other creditors did not oppose the motion and in fact,
everyone agreed that he should be declared the owner thereof. Should the
court:
A) Declare A the owner of the said property
B) Allow the introduction of evidence and determine whether or not the
property should be included in the settlement of estate
C) Deny the motion and proceed with the settlement of the estate
proceedings and during the liquidation of the estate, give A his share
as an unpaid creditor of the deceased
D) Have the parties present their respective pieces of evidence as proof
for the said property
Answer: B- Limited Jurisdiction of the probate court
3. A is declared as a special administrator of the estate by the court. What is
your remedy to assail the said decision?
A) Petition for Certiorari under Rule 65 with a prayer for preliminary
injunction or TRO
B) Appeal the order declaring A as special administrator
C) File a motion to lift the order declaring A as special administrator
D) Proceed with the estate proceeding and assail the said decision later
during appeal to the Court of Appeals
Answer: A- Appointment of special administrator is an interlocutory
order
4. A is declared an administrator of the estate by the probate court. How do
you assail such appointment?
A) Petition for Certiorari under Rule 65 with a prayer for preliminary
injunction or TRO
B) Appeal the order declaring A as an administrator
C) File a motion to lift the order declaring A as special administrator
D) Proceed with the estate proceeding and assail the said decision later
during appeal to the Court of Appeals.
Answer: B- Appointment of a regular administrator is a final order
5. A died in Davao. He left no will. His heirs filed an intestate proceeding in
Manila. B, one of As children filed a motion to dismiss the petition on the
ground of lack of jurisdiction. The court granted the motion outright on
that ground.
A) The court erred in granting the motion to dismiss. It should have
dismissed the case on the ground of improper venue
B) The court was correct in granting the motion
C) The court should have heard the parties before making its decision
D) The court should have denied the motion
Answer: D- The rule on venue can be waived.
6. A is declared an administrator of the estate by the RTC probate court. B,
one of the deceased children filed a motion for reconsideration on the 14th
day of the period to file a motion for reconsideration or new trial, or
appeal the case. The said motion as denied by the court. As lawyer for B
you have
A) Fresh 15 days to file an appeal
B) 1 day remaining to file an appeal
C) Follow the Neypes ruling
D) Fresh 30 days to file an appeal
E) C and D
F) None of the above
G) A and C
Answer: E- It is of the humble opinion of the maker of this question

that the fresh period principle should also be applied in Special
Proceedings cases as applied in criminal and civil cases. Since
Special Proceedings has 30 days to appeal by way of record on
appeal, there should be a fresh period of 30 days to appeal from
notice of the denial of the motion for reconsideration or motion for
new trial
7.
A was charged with acts of lasciviousness. During trial, he was called upon
the witness stand to testify on his behalf. The prosecution objected
because he did not file his judicial affidavit. A invoked that it is his right to
be heard and that he should be allowed to testify. Rule on the matter.
A) The court should allow A to testify because of his Constitutional right
to be heard
B) The court should not allow A to testify because by not submitting his
judicial affidavit, he waived his right to testify because it served as his
direct testimony
C) The court should allow the filing of As Judicial Affidavit
D) The court should order the presentation of other evidence on behalf of
A
Answer: B- Sections 9 and 10 of the Judicial Affidavit Rule
8. A is charged with murder. May he file his Judicial Affidavit?

A) No, because judicial affidavit is only applicable to crimes with an
impossible penalty of not exceeding six years
B) Yes, he may file a judicial affidavit if he chooses to do so
C) Yes, he may file his judicial affidavit but only with respect to the civil
aspect of the case
D) Yes, he may file his judicial affidavit if he plea bargains
Answer: B- Section 9 of the Judicial Affidavit Rule
9. A is charged with homicide. B, one of his witnesses, failed to appear during
trial but his judicial affidavit was offered as evidence. Decide
A) The judicial affidavit should be admitted and to be identified by B on
the next hearing
B) The judicial affidavit should not be considered by the court
C) The judicial affidavit should be considered as a mere scrap of paper
D) The court should order a continuance of the trial
Answer: B- Sec
10. B, the counsel for the defendant, failed to appear during the presentation
of C to testify with a judicial affidavit for A, the plaintiff of the case. Decide.
A) Declare that the defendant waived his right to confront by crossexamination C
B) Order the continuance of the trial
C) Have the defendant be declared in default
D) Rule the in favour of A because the defendant failed to defend his case
Answer: A
Criminal Procedure
Rule 110-115
1. A was stopped by a traffic enforcer. Before issuing the ticket for the traffic
violation, the enforcer searched the motorcycle driven by A. The traffic
enforcer found marijuana. A was charged with drug possession. A moved
that the evidence against him be declared inadmissible. The prosecutor, on
the other hand, opposed the said motion, and argued that the illegal
substance was a result from a valid arrest. Decide.
A) The marijuana is admissible because the search conducted by the
officer was preceded by a valid arrest
B) The marijuana is inadmissible because it resulted from an illegal search.
C) The traffic enforcer should be called to testify
D) The accused should be convicted
Answer: B- Traffic stop is not considered arrest, hence any search
conducted after such traffic stop, if without a search warrant, is illegal
2. A, a resident of Cebu, was recruited by B while she was in Manila to work
in Singapore as a factory worker. When A arrived in Singapore, she did not
worked there as factory worker but instead she worked as a domestic
helper where she was treated cruelly by her employer. This prompted her
to return to the Philippines. She approached you and asked where the case
should be filed.
A) In Cebu
B) In Manila
C) In Singapore
D) Where B resides
E) A or B
F) C or D
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
B) File the information in court
C) Have A present more evidence
Answer: A- Sec. 5 Rule110 ROC
7. You were charged with homicide. Which of the following is you immediate
remedy?
A) File a motion to quash the information
B) File a motion to supress evidence
C) File a motion to demurrer to evidence
D) Bail
Answer: D
8. A was charged with Homicide. For more than one year, the prosecutor has
not presented any evidence against him. If you are the lawyer for the A,
you would
A) File a motion to dismiss the case, invoking the Constitutional Right of
the speedy disposition of the case
B) File a motion to dismiss the case, invoking the Speedy Trial Act.
C) File a demurrer to evidence
D) File a motion to quash information
Answer: B. Note that letter A is also an acceptable answer but the
Speedy Trial Act is enacted to cater criminal cases which there were
failure to prosecute
9. Juan Dela Cruz was charged with violating B.P. 22. The court ordered the
case for mediation and judicial dispute resolution. May the court do so
considering that it is a criminal case?
A) No, because criminal case cannot be settled
B) Yes, but only with respect to the civil aspect of the case
C) Yes since violation of B.P.22 is more of a civil case
D) Yes since B.P. 22 is a special crime
Answer: B
10. A was charged with Slight Physical Injuries. He is in jail for 3 months now.
As his new lawyer, you would
A) File a motion to have A released
B) Apply for bail
C) File a motion to demurrer to evidence because his confinement in jail
exceeded that of the impossible penalty in Physical Injuries
D) File a motion to dismiss the case because he already served the
possible maximum impossible penalty
Answer: A- Sec. 16 Rule 114 ROC
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
5. A, B and C were arrested during a buy bust operation. The marked money
offered as evidence is
A) Testimonial Evidence
B) Autoptic Evidence
C) Best Evidence
D) Parol Evidence
Answer: B- Sec. 1 Rule 130 ROC
6. A, while driving along Roxas Blvd., hit and killed B. A was charged with
Reckless Imprudence Resulting in Homicide. Before the trial of the case, A
offered to compromise with the family of B. Is the offer of compromise
admissible in evidence as an implied admission of guilt against A?
A) Yes, criminal cases cannot be compromised
B) No, it cannot be admissible
C) Yes, an offer of compromise by the accused may be received in
evidence as an implied admission of guilt
D) No, the offer of compromise by the accused can be received in
evidence
Answer: B- Sec. 27 Rule 130 ROC
7. A and B are married. A, the husband, told B that he killed C, As boss at
work. A was never caught. After the dissolution of A and Bs marriage, B
went to the police and inform them what A did. A was subsequently
charged with Murder of C. The prosecution called B to testify against A.
As lawyer objected. Decide
A) B should be allowed to testify
B) A cannot testify against B because of privilege communication
C) A cannot testify against B because it is hearsay evidence only
D) A cannot testify against B because she has no personal knowledge of
the facts and circumstances of the case
Answer: B- Sec 24 Rule 130 ROC
8. A was found by B lying in a pool of his own blood. B asked A who did this
to him. A, using his lips, pointed to C. A then died. C was then charged for
the death of A. The dying declaration of A was presented in court as
evidence against C. C objected and argued that the pointing of lips
cannot be considered as a dying declaration and that the same should be
spoken. Decide.
A) The dying declaration should be admitted as evidencebecause it is not
limited to declaration only
B) The dying is inadmissible because it is not declared
C) It is admissible as res gestae
D) It is not admissible because it is hearsay
Answer: A Sec 37,Rule 130.Pp vs. Viovicente G.R. No. 118707
9. A is charged for the crime of Estafa. During trial, he presented evidence of

his good moral character. The prosecution objected, arguing that character
evidence is not admissible in evidence. Decide
A) The moral character is not admissible in evidence as provided in Sec. 51
Rule 130
B) The accused may prove his moral character if it is pertinent to the
moral trait involved in the offense charged
C) The good or bad moral character of the offender may be proved if it
tends to establish any reasonable degree the probability or
improbability of the offense charged.
D) The prosecution may prove his bad moral character
10. A is charged of Estafa. The prosecution presented evidence of similar acts
of A in previous crimes. A objected to the presentation. May such evidence
be admissible as evidence?
A) Yes, evidence that one did or did not do a certain thing at one time is
admissible to prove that he did or did not do the same or a similar
thing at another time
B) Yes, it may be received to prove a specific intent or knowledge,
identity, plan, system and the like
C) Yes, if it is not hearsay
D) Yes if previous acts are based on personal knowledge
Answer: B- Sec. 34, Rule 130 ROC
CRIMINAL PROCEDURE
1. When should the complaint or information be amended?
a. At any time before the accused enters his plea
b. Before the defense presents his evidence
c. Before the prosecution presents his evidence
d. At any time of the hearing
2. Where an offense is committed on board a vessel in the course of its
voyage, where should the criminal action be instituted?
a.
Court of the place where the ship is registered
b.
Court of the first port of entry or the territory where the vessel
passed during such voyage
c.
d.
Court of the place where the offended party resides

Court of the place where the offender resides
3. Where should be a criminal action instituted?

a. Court of the place where the offended party resides
b. Court of the place where the offender resides
c. Court where the offense was committed or where any of its
essential ingredients occurred
d. Court of the place where the offender was last seen
4. What is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof, and should be
held for trial?
a. Complaint
b. Preliminary Investigation
c. Pre-Trial
d. Information
5. Who are authorized to conduct preliminary investigations?
a. Provincial or City Prosecutors
b. Assistant Prosecutors
c. National and Regional State Prosecutors
d. Other officers as may be authorized by law
e. All of the above
6. What is the period to execute a warrant of arrest?
a. Within 30 days from its receipt by the arresting officer
b. Within 5 days from its receipt by the arresting officer
c. Within 15 days from its receipt by the arresting officer
d. Within 10 days from its receipt by the arresting officer
7. What is the security given for the release of a person in custody of the law
to guarantee his appearance before any court?
a. Sureties
b. Oath
c. Bail
d. Bond
8. What is the effect of death of the accused before arraignment?
a. The civil liability of the accused based on the crime is extinguished

b. The offended party may file the civil action against the estate of
the deceased
c. The civil liability predicated from another source survives
d. The action may be pursued by the filing of a separate civil action
9. What is the nature of the right of preliminary investigation?
a. Executive
b. Punitive
c. Inquisitorial
d. None of the above
10. What are the remedies of accused if there was no preliminary investigation
conducted?
a. Refuse to enter plea upon arraignment and object to further
proceedings upon such ground
b. Insist on preliminary investigation
c. File a certiorari, if refused
d. Raise lack of preliminary investigation as error on appeal
e. File prohibition
f. Any of the above
EVIDENCE
1. What is the ultimate fact sought to be established?
a. Factum probandum
b. Factum probans
c. Curative evidence
d. Conditional evidence
2. It establishes the existence of a fact in issue without the aid of any
inference or presumption.
a.
Circumstantial evidence
b.
Direct evidence
c.
Competent evidence
d.
Curative evidence
3. When is circumstantial evidence sufficient to convict the accused?
a. There is more than one circumstance
b. The facts from which the inferences are derived are proven
c. The combination of all the circumstances is such as to produce

conviction beyond reasonable doubt
d. All of the above
4. What is onus probandi?
a. It is the duty of a party to provide evidence at any stage of the trial
until he has established a prima facie case
b. It is the duty of a party to present evidence to establish his claim
or defense by the amount of evidence required by law.
c. It is the duty of a party to meet and overthrow that a prima facie case
has been established
d. It is the right of a party to offer no evidence.
5. It is an assumption of fact resulting from a rule of law, which requires such
fact to be assumed from another fact or group of facts found or
established in the action.
a. Evidence
b. Burden of Proof
c. Burden of Evidence
d. Presumption
6. Which of the following does not describe a presumption of law?
a. A certain inference must be made whenever the facts appear which
furnish the basis of the inference
b. Reduced to fixed rules and form a part of the system of jurisprudence
c. It is a deduction which the law expressly directs to be made from
particular facts
d. Discretion is vested in the tribunal as to drawing the inference
7. Which of the following is not covered by the Rules of Procedure for
environmental cases?
a. Sanitation Code
b. Philippine Environmental Policy of 1977
c. Marine Pollution Decree
d. Water Code
e. None of the above
f.
8. What is the period of effectivity of a Temporary Environmental Protection
Order?
a. Within 2 days from receipt of the TEPO by the person or party enjoined
b. Within 3 days from receipt of the TEPO by the person or party

enjoined
c. Within 1 day from receipt of the TEPO by the person or party enjoined
d. Within 5 days from receipt of the TEPO by the person or party enjoined
9. What is the quantum of proof required in a Strategic Lawsuit against
Public Participation?
a. Proof beyond reasonable doubt
b. Substantial evidence
c. Preponderance of evidence
d. None of the above
10. What are the courts covered by the Rules on Small Claims?
a. Municipal Trial Courts
b. Municipal Circuit Trial Courts
c. Municipal Trial Courts in Cities
d. Metropolitan Trial Courts
e. All of the above
SPECIAL PROCEEDINGS
11. Where should the estate of the deceased person be settled?
e. The province in which he resides at the time of his death
f. The province where his real properties are located
g. The province where his personal properties may be found
h. The province where he has relatives
12. What is not a subject matter of special proceedings?
e.
Change of name
f.
Forcible entry
g.
Habeas Corpus
h.
Escheat
13. When a person was previously presumed dead and thereafter proven to be
alive, to what should he be entitled?
e. To the totality of his estate
f. To the his estate excluding the receivable credits
g. To the balance of his estate after payment of all his debts
h. To the receivable credits
14. When are executors and administrators not accountable for debts due to
the estate?
e. When such debts are not yet due and demandable
f. When such debts remain uncollected without his fault
g. When such debts are not yet proven to be due to the deceased
h. When the executors and administrators are found to be unsuitable
15. What is the status of the acts before the revocation, resignation or removal
of an executor or an administrator?
e. Unenforceable
f. Invalid
g. Valid
h. Valid until annulled
16. What is not a ground for disallowing will?
e. If it was executed under duress, or the influence of fear, or threats
f. If it was procured by undue and improper pressure and influence, on
the part of the beneficiary, or of some other person for his benefit
g. If not executed and attested as required by law
h. If the testator was insane, or otherwise mentally incapable to make a
will, at the time of its execution
i. If there is an issue to the citizenship of the deceased at the time of
his death
17. Who has the right to retain whole estate to pay debts of the estate?
g. Spouse of the deceased
h. Heirs of the deceased
i. Executor and administrator
j. State
18. What should be included in the articles to be inventoried?
e. Wearing apparel of the surviving spouse and minor children
f. Conjugal home
g. The marriage bed and bedding
h. Such provisions and other articles as will necessarily be consumed in
the subsistence of the family of the deceased
19. What is the document prepared by the executor or administrator setting
forth the manner in which the estate of the deceased is to be distributed
among the heirs?
e. Letters testamentary
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
administration
g. Within 2 years from the time of receiving letters testamentary
administration
h. Within 6 months from the time of receiving letters testamentary
administration
i. Within 9 months from the time of receiving letters testamentary
administration
or of
or of
or of
or of
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
5. The probate court has NO jurisdiction to
a. determine questions as to who are the heirs of the decedent.
b. the validity of the inheritance effected by the testator.
c. the status of a woman who claims to be the lawful wife of the decedent.
d. the validity of the redemption effected by the administrator.
6. It is the person named in the will to administer the decedents estate and carry
out the provisions thereof.
a. Executor
b. Administrator
c. Devisee
d. Legatee
7. If the decedent is a resident, where is the venue of probate proceedings?
a. RTC/MTC of any place where he had estate.
b. RTC/MTC where the decedent resided at the time of his death.
c. RTC/MTC where his heirs were resided at the time of his death.
d. RTC/MTC of any place where he executed his will.
8. If a person dies intestate, what is the initiatory pleading to be filed in Court?
a. Petition for Allowance of Will and for Letters Testamentary
b. Petition for Letters of Administration
c. Petition for Allowance of Will and for Letters of Administration
d. Petition for Allowance of Will and for Letters Testamentary with the will
annexed
9. When is the two-year period to file claims against the estate deemed to
commence?
a. Two (2) years from the execution of the instrument of the existing
settlement of estate.
b. Two (2) years from the filing of the settlement of estate.
c. Two (2) years from the registration of the instrument of the existing
settlement of estate.
d. Two (2) years from the date of partition of the estate.
10. What is the duty of the custodian of a will after he knows of the testators
death?
a. The custodian should immediately file a Petition for Allowance of Will
and for Letters Testamentary with the will annexed.
b. The custodian shall deliver the will to the court having jurisdiction or to
the executor named in the will within twenty (20) days after he knows of
the testators death.
c. The custodian shall surrender the will to the heirs of the testator within
twenty (20) days after he knows of the testators death.
d. The custodian shall deliver the will to the court having jurisdiction or to
the executor named in the will within fifteen (15) days after he knows of
the testators death.
CRIMINAL PROCEDURE
1. Preliminary investigation is mandatory when the penalty imposed by law is
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.
c. Before the presentation of defense evidence.
d. Before the presentation of prosecutions evidence.
8. Bail is a matter of right under the following circumstances EXCEPT:
a. Before conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial Court.
b. Upon conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.
c. After conviction by the Metropolitan Trial Court, Municipal Trial Court,
d. Before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.
9. It is not necessary to state in the complaint or information unless it is a
material ingredient of the offense.
a. Place of commission of the offense.
b. Date of commission of the offense.
c. Designation of the offense.
d. Name of the accused.
10. The following may conduct preliminary investigations EXCEPT
a. Judges
b. Provincial or City Prosecutors and their assistants
c. National and Regional State Prosecutors
d. Other officers as may be authorized by law
Evidence
1. It is an admission, verbal or written, made by a party in the course of the
proceedings in the same case which does not require proof.
a. Confession
b. Admissions of a party
c. Judicial admissions
d. Adoptive Admission
2. The following are mandatory judicial notice except:
a. Existence and territorial extent of states
b. Matters which are of public knowledge
c. Laws of nature
d. Forms of government and symbols of nationality
3. Small Claims Action is commenced by
a. Filing a Complaint in a proper court
b. Filing a verified Statement of Claim in a proper court
c. Filing a Petition in a proper court
d. Filing an original Complaint in a proper court
4. _______________ is an order issued by the court directing or enjoining any
person or government agency to perform or desist from performing an act in
order to protect, preserve or rehabilitate the environment.
a. Environmental Protection Order (EPO)
b. Strategic Lawsuit Against Public Participation (SLAPP)
c. Writ of Continuing Mandamus
d. Temporary Environmental Protection Order (TEPO)
5. Writ of continuing mandamus can be filed with the:
a. Regional Trial Court, Court of Appeals, Supreme Court
b. Supreme Court, Court of Appeals
c. Metropolitan Trial Court, Court of Appeals, Supreme Court
d. Supreme Court, Court of Appeals, Metropolitan Trial Court
6. Which of the following is NOT a requisite for a dying declaration to apply?
a. The death is imminent and the declarant is not conscious of that fact.
b. The declaration refers to the cause and surrounding circumstances of
such death.
c. The declaration relates to facts which the victim is competent to testify
to.
d. The declaration is offered in a case wherein the declarants death is the
subject of the inquiry.

7. Which of the following statements is NOT CORRECT:
a. A plea of guilty later withdrawn, or an unaccepted offer of a plea of
guilty to a lesser offense, is not admissible in evidence against the accused
who made the plea or offer.
b. All persons who can perceive, and perceiving, can make known their
perception to others may be witnesses.
c. A party who calls for the production of a document and inspects the
same is obliged to offer it as evidence.
d. The witness may also testify on his impressions of the emotion,
behavior, condition or appearance of a person.
8. Photographs, X-ray plates, recordings and motion pictures shown to the court
are generally
a. Testimonial evidence
b. Documentary evidence
c. Electronic evidence
d. Real or object evidence
9. Evidence of collateral facts or circumstances from which an inference may be
drawn as to the probability or improbability of the facts in dispute is known as
_________________.
a. Curative admissibility
b. Multiple Admissibility
c. Circumstantial Evidence
d. Direct Evidence
10. Which of the following is NOT a prohibited pleading under the Rule of
Procedure for Small Claims Cases?
a. Motion to dismiss the complaint
b. Motion for a bill of particulars
c. Motion for new trial, or for reconsideration of an Order
d. Interventions
Criminal Procedure Rules 116-121
1. Bill of particulars in criminal cases is
A)
B)
C)
D)
To enable the accused to properly prepare his responsive pleading

To enable the accused to properly plead and prepare for trial
To enable the accused to dispute the evidence against him
To enable the accused to confront the witnesses against him
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) Any time before judgement or final order
B) Any time before the prosecution rests its case

C) Before arraignment of the accused
D) Before the accused enters his plea
Answer: D- Sec. 1, Rule 117 of the Rules of Court states that; At any
time before entering his plea, the accused may move to quash the
complaint or information.
5. A and B, while having a drinking spree, went into a brawl. B was injured
badly and was brought to the hospital. A was subsequently charged with
Frustrated Homicide which the trial court found him guilty thereof. During
appeal, B died as a result of his wounds. The prosecutor moved that the
charge against A be upgraded to Homicide. A, through his lawyer,
opposed the motion, arguing that it would result to double jeopardy.
Decide.
A) Grant the motion of the prosecutor because double jeopardy has not
yet attached
B) Grant the motion of the prosecutor because of supervening events
C) Grant the motion of the prosecutor because of the finding of the trial
court of As guilt
D) Deny the motion because of double jeopardy
Answer: B- Sec. 7(a) Rule 117 of the Rules of Court states that the
conviction of the accused shall not be a bar to another prosecution
for an offense which necessarily includes the offense charged
in
the
former complaint or information under any of the following instances:(a)
the graver offense developed due to supervening facts arising from the
same act or omission
constituting the former charge;
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)
Dismiss the case

Grant the motion to quash
Deny the motion to quash because A has already waived his right
Order to proceed with the presentation of the evidence and see if a
demurrer to evidence is proper
Answer: A- The court has no jurisdiction over the crimes because they
were committed outside the Philippine territory. Dismissal on the
ground of lack of jurisdiction can be made motu proprio
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.
*** submitted by Brenda Filipinas Parras-Danganan

Evidence Rule 131 to 132
1. A is a leasing in one of the apartments of B. Because of non-payment of
rent, B filed a case of ejectment against A. In his pleading, A questioned
the title of B over the leased apartment. Decide.
A) Additional evidence should be presented to prove that B has title over
the leased apartment
B) The tenant is not permitted to deny the title of his land lord
C) A should adduce evidence proving that B does not have title over the
apartment
D) B should be allowed to present evidence proving his title
Answer: B- Part of Sec 2(b) Rule 131 states that one of the instances
of conclusive presumptions is, (b) The tenant is not permitted to deny
the title of his landlord at the time of commencement of the relation of
landlord and tenant between them. (3a)
2. What is your remedy if the pieces of evidence you were excluded by the
trial court
A) File a Petition for Certiorari
B) File a Petition for Mandamus
C) Proffer of Evidence
D) Appeal the case
Answer: C- Sec. 40 Rule 132 of the Rules of Court states that If
documents or things offered in evidence are excluded by the court, the
offeror may have the same attached to or made part of the record. If
the evidence excluded is oral, the offeror may state for the record the
name and other personal circumstances of the witness and the
substance of the proposed testimony.
3. A threatened to kill B through a text message. The text message was
presented as evidence against A in a case of Grave Threat. A objected to
the presentation of the text message arguing that it is not admissible.
Decide.
A) Electronic evidence is only applicable in civil cases and quasi-judicial
proceedings
B) Electronic evidence is applicable only in criminal case

C) The text message must admitted as evidence against A
D) The text message must contain the number of B
Answer: C- A.M. No. 01-7-01-SC, Re: Expansion of the Coverage of the
Rules on Electronic Evidence, September 24, 2002.
Sec. 2, Rule 1 of this law states that, these Rules shall apply to the
criminal and civil actions and proceeding, as well as quasi-judicial and
administrative cases.
G.R. No. 204894 March 10, 2014
PEOPLE
OF
THE
PHILIPPINES,
Appellee,
vs.
NOEL ENOJAS y HINGPIT, ARNOLD GOMEZ y FABREGAS, FERNANDO
SANTOS y DELANTAR, and ROGER JALANDONI y ARI, Appellants.
4. A, a child witness, is testifying against B, who killed C. The lawyer of B
moved that the competency of A be examined. The judge granted the
motion. The lawyer then asked A certain questions to test his competency.
The prosecutor objected. Decide
A) The lawyers of the parties can ask questions to the child witness to test
his competency
B) Only the lawyer of the adverse party can test the competency of the
child witness
C) The competency of the child witness can only be examined by the
judge
D) The party presenting the child witness is the only one who can examine
his competency
Answer: C- Rule on Examination of a Child Witness Sec. 6. States that,
every child is presumed qualified to be a witness. However, the court
shall conduct a competency examination of a child, motu proprio or on
motion of a party, when it finds that substantial doubt exists regarding
the ability of the child to perceive, remember, communicate, distinguish
truth from falsehood, or appreciate the duty to tell the truth in court.
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 invoked that
by answering the question, A would incriminate himself because it might
prove that there was conspiracy between him and B. Is As contention
correct?
A) Yes, by answering the question, it would reveal that there was a
conspiracy between him and B to kill C. He can invoke his right against
self-incrimination
B) No, the right against self-incrimination would not apply
C) No, A must answer all the questions asked of him
D) No, the questions asked of A is relevant to the issue in the case
Answer: B- There is no showing that there is conspiracy in this case.
Hence, he cannot invoke his right against self-incrimination
6. A witness may be impeached by the following modes, except;
A) By contradictory evidence
B) By evidence that his general reputation for truth, honesty, and integrity
is bad
C) By evidence that he has made at the other times statements
inconsistent with his present testimony
D) By enumerating in court specific wrongful acts he had committed.
ANSWER: D. A witness cannot be impeached by evidence of particular
wrongful acts except
evidence of his final conviction an offense as
disclosed by his examination or by the record of
judgment. Thus, the
witness cannot be impeached by enumerating in court specific wrongful
acts he had committed.
7. A is charged for Homicide for killing B. A interposed self-defense. Does the
prosecution still need to prove A guilt beyond reasonable doubt?
A) Yes, it is mandated by law and the rules
B) No, the burden of proof shifts to the accused to show that the killing
was legally justified
C) No, the accused already admitted to the crime
D) No, the quantum of proof needed is clear and convincing evidence
only
Answer B- People vs. Dagani G.R. No. 153875
8. As a general rule, opinion of a witness is not admissible, however, the
following opinion with proper basis given by an ordinary witness may be

admitted, except;
A) The identity of a person about whom he has adequate knowledge.
B) A handwriting with which he has sufficient familiarity.
C) The family background, residence and life style of a party in the
proceeding.
D) The mental sanity of a person with whom he has sufficiently
acquainted.
ANSWER: C. as a rule, opiion of a witness is inadmissible. This is
because when a witness testifies, a witness does so with respect to facts
personally observed by him and it is for the court to draw conclusions
from the facts testified to.
9. A, a minor, is called to the witness stand to testify for B. After several
preliminary questions, the lawyer for B kept on asking questions answerable
by yes or no. The adverse party objected to the line of questions. Decide
A) Objection should be sustained because leading questions are only
allowed on cross-examination
B) Objection should be over-ruled because leading questions may be
allowed in all stages of examination in case of a child witness
C) Objection should be over-ruled because a child witness is a competent
witness
D) Objection should be sustained because a child witness is a competent
witness
Answer: B- Rule on the Examination of a Child Witness Sec. 20. Leading
questions. The court may allow leading questions in all stages of
examination of a child if the same will further the interests of justice.
10. Who has the burden of proof of Strategic lawsuit against public
participation?
A) The petitioner in an environmental case
B) The defendant in an environmental case
C) The witnesses in an environmental case
D) The Court
Answer: B- Sec. 2, Rule 6 of the Rules of Procedure for Environmental
Cases
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a
person involved in the enforcement of environmental laws, protection
of the environment, or assertion of environmental rights, the defendant
may file an answer interposing as a defense that the case is a SLAPP

and shall be supported by documents, affidavits, papers and other
evidence; and, by way of counterclaim, pray for damages, attorneys
fees and costs of suit.

SPECIAL PROCEEDINGS (RULE 86-98)
1. What is the period within which claims against the estate of the deceased shall
be filed?
A.) within 2 years from the date of the first publication of notice
B.) within 5 years from the date of the first publication of notice
C.) shall not be less than 6 months nor more than 1 year from the date of the first
publication of notice
D.) shall not be less than 6 months nor more than 2 years from the date of the
first publication of notice
ANSWER: C. The range of the period specified in the rule is intended to give the
probate court the discretion to fix the period for the filing of claims. The purpose
of the law, in fixing said period, is to ensure speedy settlement of the affairs of
the deceased person and early delivery of the property to the persons entitled to
the same.
2. The executor or administrator shall cause the publication of notice for 3
consecutive weeks successively in newspaper of general circulation in the
province where the decedent died. Posting the same is a requirement. Where
should the posting be done?
A.) 2 public places in the province and 4 public places in the municipality where
the decedent last resided.
B.) 4 public places in the province and 2 public places in the municipality where
C.) 4 public places in the province and 4 public places in the municipality where
D.) All public places in the province and municipality where the decedent last
resided.
ANSWER: B. Publication amounts to constructive notice and is binding against the
whole world. Consequently, a creditor cannot be permitted to file his claim
beyond the period fixed in the notice on the ground that he had no knowledge of
the administration proceedings.

3. What is the sanction of a person who embezzles, or alienates any of the money,
goods, chattels, or effects of the deceased before the letters testamentary or
letters of administration is issued?
A.) such person shall pay the heirs of the deceased as soon as opportunity
permits him to do so.
B.) such person shall pay the executor or administrator of the estate the value of
the property he sold, embezzled or alienated for the benefit of such estate.
C.) such person shall be liable to an action in favor of the executor or
administrator of the estate for double the amount of the value of the property
sold, embezzled or alienated, to be recovered for the benefit of such estate.
D.) such person shall be ordered to present the buyer of the property in court and
let the said buyer return the property to the heirs of the deceased.
ANSWER: C. Double the Value Rule under sec. 8, Rule 87.
4. The following are actions that may be commenced directly against the executor
or administrator, except:
A.) Claim for the recovery of money or debt or interest against the deceased
person.
B.) Recovery of real or personal property or an interest therein.
C.) Enforcement of a lien on real or personal property.
D.) Recovery of damages for an injury to person, property whether real or
personal.
ANSWER: A, because money claims should be filed against the decedents estate.
5. A contingent claim is one that is subject to the happening of a future uncertain
event. As a rule, the following are the requisites for the estate to be required to
retain estate to meet the contingent claim, except:
A.) The contingent claim duly filed within the two-year period allowed for the
creditors to present claims.
B.) The court is satisfied that the claim is valid.
C.) The claim is not absolute.
D.) The claim is absolute.
ANSWER: C. Contingent claim must be proven to be absolute, otherwise the court
shall not grant the claim because of lack of merit due to insufficiency of
requirements.
6. What is required in order to allow the sale of personal property of the deceased
by the testator or administrator?
A.) consent of the heirs

B.) court order
C.) deed of sale executed by the testator of administrator with conformity of the
heirs.
D.) deed of sale executed by the legal heirs.
ANSWER: B. The executor or administrator is prohibited from selling personal
property of the decedent without court order even if the heirs and other persons
interested have consented thereto.
7. What do you call the proposal for the distribution of the hereditary estimates
and determines the persons entitled thereto? It is usually prepared and presented
to the court at the end part of the proceeding.
A.) Liquidation
B.) Notice of Partition
C.) Project of Partition
D.) Affidavit of Distribution and Partition
ANSWER: C. Project of Partition is the proposal for the distribution of the
hereditary estimates and determines the persons entitled thereto. Towards the
end of the proceeding in a petition for settlement of an estate, a project of
partition is usually prepared and presented to the court.
8. What is the basis of guardianship?
A.) Principle of Res Ipsa Loquitur
B.) Principle of Nationality
C.) Principle of Parens Patriae
D.) Domiciliary Theory
ANSWER: C. Where minors are involved, the State acts as parens patriae. It is the
duty of protecting the rights of persons or individuals who beacause of age or
incapacity are in an unfavorable position vis--vis other parties.
9. What is the venue of guardianship proceedings?

A.) Supreme Court
B.) Municipal Trial Court
C.) Department of Social Welfare and Development
D.) Regional Trial Court
ANSWER: D. Regional Trial Courts have jurisdiction over
guardianship
proceedingsunder the rules of court. Where the ward is resident, the proceedings
shall be filed in the RTC in the province where such ward resides. If the ward
resides in a foreign country, the petition must be filed with the RTC of the
province where his property is situated.
10. The following are the grounds for removal of a trustee, except:
A.) The trustee is insane.
B.) The trustee is otherwise incapable of discharging the trust or is evidently
unsuitable to act as one.
C.) The trustee wasted or mismanaged the estate or failed for 30 days after it is
due to render an account or make a return.
D.) The removal appears essential in the interest of the petitioners.
ANSWER: C. these are some grounds for removal of a guardian not a trustee.

Karlo A. Concubierta
IV R. C. 2
Remedial Law Review II

Prof. Christian Villasis
MULTIPLE CHOICE QUESTIONS
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 decision to the Court of
Appeals (CA).
1. Is a petition for Declaration of Presumptive Death a Special Proceeding?
a.) No, a petition for declaration of presumptive death is not a
special proceeding since it is not mentioned in the enumeration
special proceedings in Section 1, Rule 72.
of
b.) Yes, since it is impliedly included in the enumeration under

Section 1, Rule 72.
c.) No, a petition for declaration of presumptive death is not a
special
proceeding since it is covered the New Civil Code of the
Philippines.
d.) All of the above.
Answer: A. [A petition for declaration of presumptive death is not a special
proceeding. The Supreme Court has held that such a petition is not a special
proceeding since it is not mentioned in the enumeration of special proceedings
in Section 1, Rule 72.
(Republic vs. Madrona, G.R. 163604, May 6, 2005)]
2. If you were the RTC judge who granted Leilas Petition, will you give
course to the OSGs Notice of Appeal?
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
given its day in court.
be
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
carry out the provisions thereof.
estate
and
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

value
jurisdiction over a
c.) It is the procedure provided for in Rule 74 for the summary
value
jurisdiction over a
d.) It is the procedure provided for in Rule 74 for the summary
value
jurisdiction over a
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.) The State
Answer: D. (Please see Section 6, Rule 78)
7. He is one who stands to benefit from the distribution of the estate or one who
has a claim against the estate.
a.) Executor
b.) Administrator
c.) Interested person
d.) Creditor
Answer: C. (Rule 79, Rules of Court)
8. The following are the powers and duties of a special administrator, EXCEPT:
a.) Apply the proceeds of the estate to satisfy his claims.
b.) Take possession and charge of the estate.
c.) Preserve the estate for the executor or administrator afterwards

appointed by the court.
d.) He may commence and maintain suits.
Answer: A. (Section 2, Rule 80)

9. The powers of the Special Administrator shall cease:
a.) When he has sold all the properties of the estate of the
deceased.
b.) When he has collected all the debts due to the estate.
c.) When letters testamentary or of administration are granted on
the
estate.
d.) When there has been publication regarding the fact of death
deceased.
of the
Answer: C. (Please see Section 3, Rule 80. In addition, He shall forthwith

deliver
to the executor or administrator the goods and the estate
of the deceased in
his hands.)
10. The following form part of the special proceedings mentioned in the Rules of
Court, EXCEPT:
a.) Voluntary Dissolution of Corporations.
b.) Constitution of Family Home.
c.) Declaration of presumptive death.
d.) Adoption
Answer: C. (Please see Section 1, Rule 72)
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.
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)
9. Since the right to a Preliminary Investigation is a personal right ____________.
a.) it can be waived in writing.
b.) it can be waived by non-appearance.
c.) it can be waived by failing to assert such right.
d.) all of the above.
Answer: D. (Section 1, Rule 112)
10. Absence of Preliminary Investigation invalidates the Information.
a.) False
b.) True
c.) The case will be dismissed.
d.) None of the above.
IV R. C. 2

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
fact in issue)
the
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.)
not
3. The Best Evidence Rule applies to the following kinds of evidence:

a.) Documentary Evidence
b.) Object Evidence
c.) Testimonial Evidence
d.) All of the above
Answer: A. (Section 3, Rule 130. It is often described as a misnomer because
as
worded it appears to apply to all kinds of evidence
when it actually applies
only to documentary evidence.)
4. Secondary evidence CONSISTS of:
a.) A copy of the original.
b.) A recital of its contents in an authentic document.
c.) The testimony of witnesses.
d.) All of the above:
Answer: D. (Please see Section 5, Rule 130)
5. Ephemeral Electronic Communication includes streaming audio.
a. The statement is false.
b. The statement is not proven yet and there are no decisions on
the matter.
c. The statement is true.
d. The statement is non-sequitur.
Answer: C. (Ephemeral electronic communication refers to phone talks, text
messages, chatroom sessions, streaming audios and video, and other electronic
forms of communication the evidence of which is not recorded or retained.)
6. Acts not covered by the right against self-incrimination
a. Physical examination.
b. Fingerprinting.
c. Paraffin testing.
d. All of the above.
e. A and B.
Answer: D. (The principle against self-incrimination applies only to testimonial
compulsion. Hence, it is not applicable to the case
where a person is directed
to produce blood and other bodily
samples, or to submit to a physical
examination.)
7. The following may be considered as Business Entries, EXCEPT:
a.) Entries in books of account
b.) Entries in a log-book of a security guard
c.) Medical Certificates
d.) Entries in a bill of lading
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: No case study report is required in proceedings for guardianship of
incompetents. In the case of guardianship over a minor, a case study report is
required. The court shall order a social worker to conduct a case study report of
the minor and all the prospective guardians and submit his report and
recommendation to the court before the scheduled hearing. (Section 9, Rule on
Guardianship of Minors)
5. Which of the following is not a money claim against the estate?
a. Money claims of the bank against the estate of the deceased which is
based on solutio indebiti
b. Contractual money claim that is contingent
c. Claims for unpaid taxes by the government
d. Claims for money based on quasi-contracts
BASIS: Claims for unpaid taxes by the government are not included in the money
claims. In fact, they must be paid first before the estate is distributed and where
the estate is distributed without the taxes being paid, the taxes may be enforced
against the distributees in proportion to their shares in the inheritance.
(Government v. Pamintuan, 55 Phil 13)
6. Is a certification against forum shopping required in money claims against
the estate?
a. Yes, because the rules provided for in ordinary actions shall be, as far as
practicable, applicable in special proceedings.
b. No, because a money claim is not an initiatory pleading.
c. Yes, because a money claim initates a new litigation.
d. No, if it is only a mere contingent claim.
BASIS: A certitification against forum shopping is required only for complaints
and other initiatory pleadings. A money claim against the estate is not an
initiatory pleading since the probate proceeding was already initiated upon the
filing of the petition for allowance of the decedent's will. A money claim does not
initiate new litigation but merely brings a material but incidental matter arising in
the progress of a case. Hence, a money claim is only incidental to the probate
proceeding, more if it is contingent since the claimant cannot even institute a
separate action for a mere contingent claim. (Sheker v. Estate of Sheker, 2007)
7. Which of the following is not an instance when the heirs may sue for the
recovery of estate property during the pendency of probate proceedings?
a. If the administrator is unwilling to bring the suit.
b. If the executor is alleged to have participated in the act complained of
and he is made a party-defendant.
c. When letters testamentary have not yet been issued
d. If a creditor disposes of a property under his possession.
BASIS: Heirs may sue for the recovery of estate property during the pendency of
probate proceedings in the following instances: (a) If the executor/administrator
is unwilling or refuses to bring the suit; (b) if the executor/administrator is alleged
to have participated in the act complained of and he is made a party-defendant;
or (c) when letters testamentary or of administration have not yet been issued.
(Into v. Valle, 2005)
8. When and how do you appeal from an order of distribution?
a. An order of distribution is appealable within 15 days from notice by
filing a notice of appeal with the appellate court.
b. An order of distribution is appealable within 15 days from notice by
filing a notice of appeal with the probate court.
c. An order of distribution is appealable within 30 days from notice by
filing a notice of appeal and a record of appeal with the probate court.
d. An order of distribution is appealable within 30 days from notice by
filing a notice of appeal and a record of appeal with the trial court.
BASIS: An order of distribution is appealable within 30 days from notice by filing
a notice of appeal and a record of appeal with the probate court. This is because
the order of distribution involves multiple or separate appeals. The probate court
still needs to hold on to the original records since motions to file leave for tardy
claims may still be filed at any time before the entry of the order of distribution.
(Section 2, Rule 86 of the Rules of Court)
9. Who may not petition for the appointment of a guardian over the minor
or his property?
a. Any person interested in the minor's property, if the latter resides
outside of the Philippines
b. The boyfriend of the minor, on her behalf
c. The minor himself, if he is at least thirteen years old
d. A facebook friend of the minor if the latter resides outside of the

Philippines but has property here in the Philippines
BASIS: The following may petition for the appointment of a guardian over the
minor: (a) any relative or other person on behalf of the minor; (b) the minor
himself, if 14 years of age or above; (c) Secretary of Social Welfare and
Development and Secretary of Health in the case of an insane minor who needs
to be hospitalized. (Section 2, Rule on Guardianship of Minor)
When the minor resides outside of the Philippines but has property in the
Philippines, any relative or friend of such minor, or any one interested in his
property, in expectancy or otherwise, may petition for the appointment of a
guardian over the property. (Section 12, Rule on Guardianship of Minor)
10. Which of the following is not required in a verified petition for
appointment of guardian of the incompetent?
a. Ages of the incompetent's relatives
b. Location of the incompetent's real property
c. Residences of persons having the incompetent in their care
d. Character of the incompetent's estate
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)
4. With respect to offenses punishable by imprisonment of more than six (6)

years, their provisional dismissal shall become permanent:
a. One (1) year from the time offended party was actually notified of the
order of provisional dismissal, if represented by a private counsel.
b. Two (2) years 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 two years 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 two years 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)
5. Chubby Cheeks was charged with robbery with homicide. The Regional
Trial Court (RTC) convicted him of murder on its finding that Chubby Cheeks could
not have committed robbery. Chubby Cheeks appealed to the Court of Appeals
which modified the judgment by convicting him of robbery with homicide. Is the
judgment of the Court of Appeals (CA) correct?
a. No, because there was a violation of Chubby Cheek's right against
double jeopardy.
b. No, because the appeal to CA was limited to his conviction for murder
and excluded his acquittal for robbery.
c. Yes, because appellant is deemed to have abandoned his right to
invoke the prohibition on double jeopardy since it became the duty of CA to
correct errors as may be found in the appealed judgment.
d. No, because error of judgment on the part of the RTC can no longer be
questioned on appeal.
BASIS: An appeal in a criminal case opens the entire case for review on any
question including one not raised by the parties. When an accused appeals from
the sentence of the trial court, he waives the constitutional safeguard against
double jeopardy and throws out the whole case open to the review of the
appellate court, which is then called upon to render such judgment as law and
justice dictate, whether favorable or unfavorable to the appellant. Thus, appellant
could not have been placed twice in jeopardy when the CA modified the ruling of
the RTC by finding him guilty of robbery with homicide as charged in the
Information instead of murder. (People v. Torres, 24 September 2014)
6. A petition for review of the resolution of prosecutor that is pending either
at the Department of Justice or the Office of the President is a ground for the
suspension of arraignment. What is the period of suspension?
a. Not exceeding 30 days from the filing of the petition with the reviewing
office.
b. Not exceeding 60 days from the filing of the petition with the
reviewing office.
c. Not exceeding 60 days from actual receipt of the reviewing officer.
d. Not exceeding 30 days from actual receipt of the reviewing officer.
BASIS: Upon motion by the proper party, the arraignment shall be suspended in
the following cases:
xxx
c) a petition for review of the resolution of the prosecutor is pending at either the
Department of Justice or the Office of the President; provided, that the period of
suspension shall not exceed 60 days counted from the filing of the petition with
the reviewing office. (Section 11, Rule 116, Rules of Court)
7. Which of the following is not true with respect to promulgation of
judgment?
a. Judgment may be promulgated by a judge who did not write the
decision provided that he is a judge of the court in which judgment was 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 pretrial 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.
BASIS: Upon the authentication of a digital signature, it shall be presumed, in
addition to those mentioned in the immediately preceding section, that: (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 signed; and (d) a
certificate had been issued by the certification authority indicated therein.
(Section 4, Rule 6, Rules on Electronic Evidence)
9. When shall the court render judgment denying or granting the privilege of
writ of kalikasan?
a. Within sixty (60) days from the time the petition is submitted for
decision.
b. Within sixty (60) days from the time a verified return is filed.
c. Within sixty (60) days from the time affidavits of witnesses and other
documentary and object evidence are presented in support of the defense of the
respondent.
d. Within sixty (60) days from receipt of the last pleading
BASIS: Within sixty (60) days from the time the petition is submitted for decision,
the court shall render judgment granting or denying the privilege of the writ of
kalikasan. (Section 15, Rule 7, Part III of RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES)
10. Petitioner presented Chubster as its witness. Matt was in the courtroom
and he listened to Chubster's testimony. When Petitioner was about to present Matt
as its next witness, Respondent's counsel objected. May the trial court disallow the
presentation of Matt as witness?
a. Yes, because of the rule of exclusion and separation of witnesses under
Section 15, Rule 132.
b. Yes, because Matt heard the testimony of Chubster.
c. No, because the issue of the exclusion of the witness was not raised
in a timely manner.
d. Yes, because objection was timely raised by the respondent's counsel.
BASIS: On any trial or hearing, the judge may exclude from the court any witness
NOT at the time under examination, so that he may not hear the testimony of
other witnesses.
In Design Sources International v. Eristingcol (2014), the Supreme Court
held that without any prior order or at least a motion for exclusion from any of
the parties, a court cannot simply allow or disallow the presentation of a witness
solely on the ground that the latter heard the testimony of another witness. It is
the responsibility of the respondent's counsel to protect the interest of his client
during the presentation of other witnesses. If respondent actually believed that
Chubster's testimony would greatly affect that of Matt, then respondent's counsel
was clearly remiss in his duty to protect the interest of his client when he did not
raise the issue of exclusion of the witness in a timely manner.
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;
D. All of the above (Sec. 1, Rule 87 of the Rules of Court).
5. Is execution a proper remedy to satisfy an approved claim?

A. No, because payment approving a claim does not create a lien upon a
property of the estate.
B. No, because special procedure is for the executor or administrator to
order the sale to satisfy the claim.
C. Yes because it is the remedy provided by the rules.
D. Yes, because it serves justice to the heirs of the decedent.
6. The following are the instances when court may authorize sale,
mortgage, or other encumbrance of realty to pay debts and legacies
through personalty not exhausted; except:
A. If the deceased sold his real property to defraud creditors;
B. If personal estate is not sufficient to pay debts, expenses of
administration and legacies;
C. If the sale of personal estate may injure the business or other interests
of those interested in the estate;
D. If the testator has not made sufficient provision for the payment of such
debts, expenses, and legacies (Sec. 2, Rule 89 of the Rules of Court).
7. Which of the following instances is not the proper subject of escheat?
A. ill-gotten wealth;
B. Reversion proceedings;
C. Unclaimed Balances;
D. When a person dies intestate leaving no heir but leaving property in the
Philippines (Sec. 1, Rule 91 of the Rules of Court).
8. Incompetent includes the following, except:
A. Those suffering from penalty of civil interdictions;

B. Hospitalized lepers;
C. Prodigals;
D. Deaf or dumb who are unable to read and write.
9. Which of the following is not included in the general powers and duties
of guardians?
A. To make donations of the properties entrusted to him (Araneta v. Perez,
G.R. NO. L-18872, July 15, 1966).
B. Pay the debts of the ward;
C. Manage the estate of the ward frugally, and apply the proceeds for the
maintenance of the ward;
D. Settle accounts, collect debts and appear in actions for ward.
10. The following are authorize to file Petition for Guardianship, except:
A. Any relative;
B. Other person on behalf of a minor;
C. The Secretary of the Social Welfare and Development;
D. The Punong Barangay in the absence of any relative.
CRIMINAL PROCEDURE
11. Which of the following does not reflect a correct rule?
A. An order sustaining a motion to quash is, as a rule, a bar to another
prosecution for the same offense because of the principle of double
jeopardy.
B. A motion to quash based on a denial of the right to preliminary
investigation should be denied.
C. The court shall not grant a provisional dismissal where such dismissal is
without the express consent of the accused.
D. A modified or reverse trial will not be granted if the accused does not
admit the charge even if he interposes a lawful defense.
12. Which of the following is a ground for a motion for reconsideration of
a judgment of a trial court in a criminal case?
A. Excessive damages;
B. Insufficiency of evidence;
C. Error of law in the judgment which requires no further proceedings (Sec.
3, Rule 121 of the Rules of Court);
D. Error of fact in the judgment requiring further proceedings.
13. A plea of not guilty should be entered, except:

A. When the accused so pleaded;
B. When he refuses to plead;
C. Where in admitting the act charged, he sets up matters of defense or
with lawful justification;
D. When he enters unconditional plea of guilty (People v. Sabilul, G.R. No.
3765, June 21, 1951).
14. Carlos, the accused in a theft case, filed a demurrer to evidence
without leave of court. The court denied the demurrer to evidence and
Carlos moved to present his evidence. The court denied Carlos motion
to present evidence and instead rendered judgment on the basis of the
evidence for the prosecution. Was the court correct in preventing
Carlos from presenting his evidence and rendering judgment on the
basis of the evidence for the prosecution?
A. Yes,because the demurrer to evidence was filed without leave of court
Sec. 23, Rule 119 of the Rules of Court).
B. No, demurrer to the evidence in criminal case may be filed with or
without leave of court.
C. Yes, because Carlos waived his right to present evidence when he filed a
demurrer to evidence.
D. No, demurrer to the evidence in criminal case does not require leave of
court.
15. BC is charged with illegal possession of firearms under an information
signed by a Provincial Prosecutor. After arraignment but before pretrial, BC found out that the Provincial Prosecutor had no authority to
sign and file the information as it was the City Prosecutor who has such
authority. During the pre-trial, BC moves that the case against him be
dismissed on the ground that the information is defective because the
officer signing it lacked the authority to do so. The Provincial
Prosecutor opposes the motion on the ground of estoppel as BC did
not move to quash the information before arraignment. Is the
Provincial Prosecutor correct?
A. No, the ground is not waived and it can be raised even during appeal.
B. No, the ground is not waived even if not raised in a motion to quash
because the Provincial Prosecutor had no authority to file the
information and the court did not acquire jurisdiction over the person
of the accused and over the subject matter of the offense charged (Sec.
8 Rule 117 of the Rules of Court).
C. Yes, the ground is waived if not raised in a motion to quash.

D. Yes, the Provincial Prosecutor has the authority to sign the information
in the absence of the City Prosecutor.
16. Which of the following duties of the court denies the accused of his
right to due process when he appears before the court without
counsel?
A. It must inform the defendant that it is his right to have an attorney
being arraigned.
B. After giving him such information, the court must ask him if he desires
the aid of an attorney.
C. If he desires and is unable to employ one, the court may assign an
attorney de officio to defend him.
D. If the accused desires to procure an attorney of his own, the court must
grant him reasonable time therefore.
17. The following are some of the grounds of motion to quash, except;
A. That the facts charged do not constitute an offense;
B. That the court trying the case has no jurisdiction over the person of the
accused;
C. That the officer who filed the information had no authority to do so;
D. Lack of preliminary investigation (People v. Yutila, G.R. No. L-32791,
January 27, 1981).
18.The ground for a motion to quash which is waived if not seasonably
raised before the accused pleads.
A. The court trying the case has no jurisdiction over the person of the
accused;
B. When the information does not charge an offense;
C. Lack of jurisdiction of the offense;
D. Extinction of the offense or penalty.
19. Which of the following is not correct.
A. Any person charged under any provision of the Comprehensive
Dangerous Drugs Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.
B. All agreements or admissions made or entered into during the pre-trial
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.
D. by both authentic records or by an affidavit stating facts of direct
personal knowledge
24. If video or audio evidence is presented or displayed in court, to be
admissible, the same
A. shall be identified, explained or authenticated by the person who was a
party to the same.
B. shall be identified, explained or authenticated by the person who made
the recording.
C. shall be identified, explained or authenticated by the person competent
to testify on the accuracy thereof.
D. shall be identified, explained or authenticated by either B or C.
25. Which rule does not apply to the Rules of Procedure in Environmental
Cases?
A. Should the defendant fail to answer the complaint within the period
required, the court shall declare the defendant in default upon motion
of the plaintiff.
B. In a citizen suit, the court shall issue an order, which among others, shall
require all interested parties to manifest their interest to intervene in
the case.
C. A petition for a writ of kalikasan requires an environmental damage that
prejudices the life, health and property of inhabitants in two or more
cities or provincies. It shall be filed in the Supreme Court or with any of
the stations of the Court of Appeals.
D. A petition for a continuing writ of mandamus shall be filed in the RTC
exercising jurisdiction over the territory where the actionable act or
omission occurred. It may also be filed with the Court of Appeals or the
Supreme Court.
26. Mr. WW was called to the stand to impeach the credibility of Mr. AA,
witness of the adverse party. Mr. WW testified that he had known Mr.
AA since childhood and that they had been next door neighbors ever
since and are still neighbors up to the present. When asked about the
bad moral character of Mr. AA, the adverse counsel objected to the
question as an improper mode of impeachment. As a judge, would you
sustain the objection?

A. Yes, the mode of impeachment must be by evidence that the general
reputation for truth, honesty, or integrity of Mr. AA is bad (Sec. 11, Rule
132 of the Rules of Court).
B. No, the counsels objection is proper.
C. Yes, because the counsels objection is improper because the bad moral
character of Mr. AA is presumed.
D. No, the counsels objection is proper because it violates the
constitutional right of the witness.
27. What are the ways of impeaching adverse partys witness?
A. By contradictory evidence;
B. By evidence that the general reputation for truth, honesty, or integrity of
the witness is bad;
C. By prior inconsistent statements;
D. All of the above (Sec. 11, Rule 132 of the Rules of Court).
28. A way by which a witness may be allowed to refresh his memory
respecting a fact, by anything written or recorded by himself or under
his direction at the time when the fact occurred, or immediately
thereafter, or later so long as the fact was fresh in his memory and he
knew that it was correctly recorded.
A. Revival of past recollection;
B. Memory recollection;
C. Revival of present memory;
29. The following are the requirements for ancient document, except:
A. The private document is more than 30 years old;
B. It is produced from custody in which it would naturally be found if
genuine;
C. It is unblemished by any alterations or circumstances of suspicion;
D. It must be authenticated as provided by the Rules.
30. The lupon of each barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable
settlement of all disputes. Which of the following is not the exception?
A. Where one party is the government or any subdivision or
instrumentality thereof.
B. Where one party is a public officer or employee, and the dispute relates
to the performance of his official functions.

C. Offenses punishable by imprisonment equivalent to one (1) year or fine
exceeding Five Thousand Pesos (P5,000.00).
D. Offenses where there is no private offended party (Sec. 408 of RA 7160).
RULES 86-98
SPECIAL PROCEEDINGS
1. The following claims may be filed against the estate of the estate of
the decedent, except:
A. Judgments for money against the decedent
B. Money claims arising after the death of the decedent
C. Expenses for the last sickness of the decedent
D. All claims for money against the decedent, arising from contract,
express or implied, whether the same be due, not due or contingent
*Section 5,Rule 86,ROC
2. The following options are available to a secured creditor, except:
A. Abandon the security and prosecute his claim against the estate
and share in the general distribution of the assets thereof
B. Foreclose his mortgage or realize upon his security by action in
court, making the executor or administrator a party defendant
and if there is judgment for deficiency, he may file a contingent
claim against the estate within the statute of non-claims
C. Maintain an action upon the mortgage to foreclose it after
abandoning the security
D. Rely solely on his mortgage and foreclose (judicial or
extrajudicial) the same at anytime within the period of statute of
limitations but he cannot be admitted as creditor and shall not
receive in the distribution of other assets of the estate
(Pages 146-148, De Leon, 2015)
3. The following requisites must concur before the executor or
administrator may pay the money claims against the estate, except:
A. The amount is stated in the will
B. A hearing is conducted
C. The amounts of such claims are ascertained
D. There are sufficient assets to pay the debt
(Page 163, De Leon, 2015)
4. A contingent claim is one that is subject to the happening of a to

retain estate to meet the contingent claim are as follows, except:
A. The contingent claim is duly filed within the two-year period
allowed for the creditors to present claims
B. The court is satisfied that the claim is valid
C. The claim has become absolute
D. The claim is not disputed by the executor or administrator
(Page 165-166, De Leon, 2015)
5. As a general rule, a probate court cannot issue a writ of execution.
The following are the exceptions:
A. To satisfy the contributive shares of the devisees/ legatees/ heirs
when the latter had entered prior possession over the estate
B. To satisfy the costs when a person is cited for examination in
probate proceedings
C. A and B are correct exceptions
D. Only B is a correct exception
6. Upon application to the court with written notice to the heirs, the
executor may sell, encumber, mortgage the property if:
A. It is necessary for the purpose of paying debts, expenses of
administration, legacies
B. For the preservation of the property
C. Only B is true
D. A and B are true
7. Grounds for Removal of Trustee
The court may remove a trustee on the following grounds:
A. The removal appears essential in the interest of the petitioners
B. The trustee is otherwise incapable of discharging the trust or is
evidently unsuitable to act as one.
C. A and B are correct
D. Only B is correct
8. Extent of Authority of Trustees
A. The powers of a trustee appointed by a Philippine court cannot

extend beyond the confines of the territory of the Republic of the
Philippines
B. The authority cannot extend beyond the jurisdiction of the
country under whose courts he was appointed
C. A and B are false
D. A and B are true
9. Where trustee appointed (Section 1,Rule 98)
A. Determines the venue where a petition for the appointment of a
trustee should be filed
B. The petition may also be filed in the settlement proceedings of a
decedents estate willed that certain properties should be placed in
trust
C. A and B are true
D. A and B are false
10. Trustees, distinguished from executor or administrator:

A. A trustee, like an executor or administrator, holds an office of
trust, particularly when the trustee acts as such under judicial
authority
B. A trustees duties generally cover a wider range than those of
executors or administrators of the estate
C. Only A is true
D. A and B are true
MCQ OF ANTHONY DAN S. OGBINAR
(Send to derrickromero@ymail.com)
REMEDIAL LAW REVIEW II
A. SPECIAL PROCEEDINGS(Rule 99-109)
1. Is the Order or Judgment in Special proceedings appealable?
a. Yes
b. No
c. Sometimes
d. Depends
2. What are the publication requirements in Cancellation or Correction
of Entries in the Civil Registry?
a. Once a week for 3 consecutive weeks
b. Once a week for 2 consecutive weeks
c. Once a week for 6 consecutive weeks
d. Once a week for 4 consecutive weeks
3. After hearing, the court may either dismiss the petition or issue an
Order granting the cancellation or correction prayed for. In either
case, a copy of the judgment shall be served upon the civil registrar
concerned who shall annotate the same in his record.
a. certified true copy
b. Xerox copy
c. photocopy
d. any of the above
4. Procedural requisites for the declaration of Absence.
a. Notice and Hearing
b. Notice
c. Hearing
d. Notice, Hearing and Publication
5. When should declaration of absence be filed?
a. 2 years
b. after 2 years
c. receipt of last news
d. upon knowledge
6. A family home may be filed by a verified petition with the RTC of
province or city where the property is:
a. located
b. residence of petitioner
c. address of the petitioner
d. domicile of the petitioner
7. In Special proceedings, the Office of the Civil Registry are represented
by:
a. OSG
b. PAO
c. Counsel de officio
d. IBP
8. Writ of Habeas Corpus shall extend to all cases of:
a. illegal confinement
b. deprived of his liberty
c. withheld of rightful custody
d. any of the above
9. The adopter may petition court for the rescission or revocation of
adoption on any of the following cases:
a. If adopted person has attempted against the life of adopter
b. When adopted minor has abandoned the home of the adopter for more
than three (3) years
c. When the adopted person has repudiated adoption;
d. When adopted person condones all the offenses of adopter.
10. The petition for hospitalization of insane person shall be filed
a. By the Director of Health Department;
b. By the Barangay Captain
c. By the Natural Parents
d. By the Adopter.
B. CRIMINAL PROCEDURE (Rule 122-127)

1. A brief answer to the accusations by declaring in open court either
the words guilty or not guilty
a. Plea
b. Arraignment
c. Improvident Plea
d. Any of the above
2. The accused shall get the conformity of both the offended party
and the prosecutor, and the lesser offence is necessarily included
in the offence charged
a. A Plea to guilty to a lesser offence
b. A plea of guilty
c. A plea of guilty to a capital offence
d. Any of the above
3. Ground for suspension of arraignment

a. Pending Motion to Quash
b. Pending Motion for Inhibition
c. Pending Motion for Bill of Particulars
d. Any of the above
4. Before arraignment, the accused may file a Motion to enable him
to properly plead and to prepare for Trial and that the Motion
shall specify alleged defects of the complaint or information and
the details desired.
a. Motion for Bill of Particulars
b. Motion to Quash
c. Motion to Dismiss
d. Any of the above
5. A valid ground that the accused may invoke to Quash a complaint
or information
a. Facts charged do not constitute an offence.
b. The court trying the case has no jurisdiction.
c. The court trying the case has no jurisdiction over the person
d. Any of the above
6. Court can Quash an information motu propio
a. Motion to Quash is required in writing
b. Must be signed by the accused or his counsel
c. It must specify distinctly the factual and legal grounds therefore
d. All of the above
7. Instances when criminal liability is totally extinguished
a. Absolute pardon
b. Prescription of crime
c. Prescription of penalty
d. All of the above
8.
In criminal cases cognizable by the court Pre-Trial is

a. Mandatory
b. Not Mandatory
c. Any of the above
9. Matters to be considered during Pre-Trial

a. Plea Bargaining
b. Stipulation of Facts
c. Marking or identification of evidence;
d. Waiver of objections to admissibility of evidence
e. All of the above
10. Includes everything which is done contrary to justice, honesty,
modesty, or good morals. An act of baseness, vileness or depravity
in the private and social duties which a man owes to a fellowmen.
a. Moral turpitude
b. Contempt
c. Sanction
d. Any of the above
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
c. the detention is pursuant to a warrant of arrest
7. Habeas corpus is not the proper remedy to secure the release of a
person
detained pursuant to:
a. a warrantless arrest
b. a warrant of arrest
c. a warrant of arrest issued on the basis of an information charging an
offense which has already prescribe his voluntary surrender
8. An appeal in habeas corpus case shall be perfected by filing the notice
of appeal with the clerk of court or judge who rendered the
judgment within:
a. 15 days from notice of judgment
b. 30 days from notice of judgment
c. 5 days from notice of judgment
d. 48 hours from notice of judgment

9. The RTC in which a petition for a Writ of Amparo is filed is the one
which has jurisdiction over the:
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 the aggrieved party;
d. Place where the threat, act or omission was committed or any
of its elements occurred
10. It is the duty of a party to present evidence on the facts in issue

necessary to establish his claim or defense by the amount of evidence
required by law.
a. Burden of proof
b. Sufficiency of evidence
c. Testimonial evidence
d. Any of the above
NISPEROS, Jasmin R.
RULE 99 to 109
1. Which is not among the grounds for rescission of adoption?
a. Repeated physical violence and verbal maltreatment by the adopter
despite having undergone counseling
b. Attempt on the life of the adopter
c. Sexual assault or violence
d. Abandonment or failure to comply with parental obligation
2. Change of name under Rule 103 should be allowed in:
a. Legal separation
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
8. Family home shall be exempt from the execution, forced sale or

attachment except the following. Which is not one of the exemptions?
a. For nonpayment of taxes
b. For debts incurred after to the constitution of the family home
c. For debts secured by mortgages on the premises before or after
such constitution
d. For debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or furnished
material for the construction of the building
9. What is the effect of reappearance of an absentee?
a. The subsequent marriage by the present spouse shall
automatically terminated by the recording of the affidavit or
reappearance of the absent spouse, unless there is a judgment
annulling the previous marriage or declaring it void ab initio.
b. The subsequent marriage by the present spouse shall automatically
terminated by giving notice to the civil registry, unless there is a
judgment annulling the previous marriage or declaring it void ab
initio.
c. The subsequent marriage by the present spouse shall be terminated
by the mere reappearance the absent spouse, unless there is a
judgment annulling the previous marriage or declaring it void ab
initio.
d. The subsequent marriage by the present spouse shall be terminated
by the mere reappearance the absent spouse.
10. The following are rules in appeal in Special Proceedings, EXCEPT:
a. 30 days period of appeal
b. 30 days notice of appeal, record on appeal and docket fees
c. Maybe extended on meritorious ground
d. 15 days notice of appeal and docket fee
RULE 122 to 127

11. Disposes of the whole subject matter or terminates a particular issue
leaving nothing to be done but to enforce by execution what has been
determined.
a. Final Judgment
b. Summary Judgment
c. Final Order
d. Summary Order
12. Statement 1: Appeal of Judgment must be perfected within 15 days from
promulgation.
Statement 2: Appeal of an Order must be perfected within 15 days from
notice of the final order.
a. True, True
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.
b.
c.
d.
Question of Fact
Question of Law
Question of Fact/Law
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
b. Subject of the offense
c. Stolen or embezzled and other proceeds or fruits of the offense
d. The means used or intended to be used for committing an offense
19. Its object is either to determine the identity of a suspicious individual or to
maintain the status quo momentarily while to police officer seeks to obtain
more information. The officer may search the outer clothing of the person
in an attempt to discover weapons which might be used to assault him.
a. Plain View
b. Valid Consented Search
c. Immediate Control Test
d. Stop and Frisk
20. The following are remedies of party adversely affected by a search warrant,
EXCEPT:
a. Motion to quash the search warrant
b. Motion to suppress evidence
c. Replevin
d. Injunction
RULE 133 to 134, Writ of Amparo, Writ of Habeas Data, Clerical Error Act
and Paper Rule
21. A remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened by unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the
person, family, home and correspondence of the aggrieved party.
a. Writ of Habeas Data
b. Writ of Amparo
c. Writ of Habeas Corpus
d. Writ of Kalikasan
22. Typographical or clerical error under RA9048 that cannot be changed.
a. Age
b. Day and month in the date of birth
c. First name
d. Sex
23. Ground for impugning the decision granting the petition for change of
name under RA9048.
a. The basis used in changing the first name or nickname does not
fall under any of the grounds.
b. When the change will avoid confusion
c. When the change results as a legal consequence as in legitimation
d. Having continuously used and been known since childhood by a
Filipino name, unaware of her alien parentage
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.
Temporary Protection order

Inspection order
Production order
Permanent protection order
26. Required to reach a conclusion in administrative proceedings or to

establish a fact before administrative or quasi-judicial bodies.
a. Proof beyond reasonable doubt
b. Clear and convincing evidence
c. Preponderance of evidence
d. Substantial evidence
27. It is evidence offered by one charge with a crime to support the statement
that at the time of its commission, he was at a place or remote or that the
crime took place under such circumstances that he could not possibly have
committed it.
a. Denial
b. Alibi
c. Motive
d. Testimony
28. The doctrine refers to a situation where the evidence of the parties are
evenly balanced or there is doubt on which side the evidence
preponderates. In such case the decision should be against the party with
the burden of proof.
a. Equipoise Rule
b. Probative value
c. Positive testimony
d. Clear and convincing evidence
29. The following are requisites of extrajudicial confession, EXCEPT:
a. Voluntary
b. With the assistance of a competent and independent counsel
c. Writing
d. Implied
30. It is an acknowledgement is express word, by the accused in a criminal

case, of the truth of the main fact charged, or some essential parts thereof.
It is a direct and positive acknowledgement of guilt.
a. Admission
b. Confession
c. Positive testimony
d. Direct evidence
Special Proceedings: (Rule 99-109) Multiple Choice Questions
1. The following are the contents of the petition for writ of Habeas Corpus,
except:
a. That the person in whose behalf the application is made is
imprisoned or restrained of his liberty.
b. The place where the detainee is imprisoned or restrained of his
liberty, if known.
c. The officer or name of the person detaining another, or if
unknown, such person may be described by an assumed appellation and the
person who is served with the writ shall be deemed the person intended.
d. The manner the right of privacy is violated or threatened and
how it affects the right to life, liberty or security of the aggrieved party.
e. none of the above.
2. It is a juridical act, a proceeding in rem, which creates between two persons a
relationship similar to that which results from legitimate paternity and filiation.
a. Writ of Habeas Corpus
b. Guardianship
c. Hospitalization of Insane Person
d. Adoption
e. none of the above
3. Under Republic Act no. 8552, may an adopter rescind the adoption?
a. Yes, it would be unjust if they will allow such danger to their life.
b. No, only the adoptee or his guardian or counsel may seek its
rescission under the grounds provided in the Act.
c. Yes, they have the parental authority of the child.
d. No, they can disinherit the adoptee under the New Civil Code.
e. The answer is not given.

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.
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
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
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.
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.
b. Yes, it is a proper remedy to enable parents to regain
custody of a minor child even if the latter be in the custody of a third person
of his own free will.
c. No. it is not provided under the Rules.
d. Yes, it is the right of the parents to file the petition for writ of
Habeas Corpus.
Criminal Procedure: (Rule 122-127) Multiple Choice Questions

1. Rule 122 Section 2 of the Rules of Court provides where to appeal criminal
actions. Which of the following is incorrect?
a. Appeal may be taken to the RTC, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial or
Municipal Circuit Trial Court.
b. Appeal may be taken to Supreme Court, in cases decided by the
Court of Appeals.
c. Appeal may be taken to the Court of Appeals or to the Supreme
Court in the proper cases provided by law, in cases decided by the RTC.
d. Appeals may taken to the Court of Tax Appeals, in cases
decided by RTC.
2. Angel informed the police that Jessy would come back with new stocks of
marijuana. Policemen saw two men alighted from the bus, helping each other
carry a carton/ box, one of them fitted the description of Jessy. They approached
the two and Jessy denied that he carried any drugs. The latter opened the box,
beneath dried fish where two bundles, one wrapped in a plastic bag and another
in newspapers. Policemen asked Jessy to unwrap the packages and contained
what seemed to the police as marijuana leaves. The two did not resist the arrest.
Charged with illegal possession of prohibited drugs, they pleaded not guilty and
interposed the defense that they were framed up. The trial court convicted them
with the crime charged and sentenced them to suffer the penalty of reclusion
perpetua. Is the search and seizure without warrant valid in this case? (PEOPLE VS.
NOEL TUDTUD AND DINDO BOLONG G.R. No. 144037, September 26, 2003)
a. No, every search and seizure must have warrant.
b. Yes, it is under the Plainview Situation.
c. No, the items seized were held inadmissible, having been
obtained in violation of the accuseds constitutional rights against
unreasonable searches and seizures.
d. No, the defense of the accused is valid and reasonable.
3. Before the DOJ, Lilian filed a complaint charging multiple murder against
certain police officers from the PNP-HPG and PNP-SAF who were involved in the
police action that led to the shooting of her husband and their daughter. After
preliminary investigation, the DOJ filed the Information before the RTC indicting
all the police officers charged in the complaint. On the following day, the HPG
group of accused police officers filed an omnibus motion for judicial
determination of probable cause with a prayer to hold in abeyance the issuance
of warrants for their arrest. The RTC issued warrants of arrest against the SAF
officers but dismissed the case against the HPG officers for lack of probable
cause. Lilian moved for reconsideration of the dismissal but it was denied. For a
period of 112 days after receipt of the order of dismissal by the public prosecutor,
the OSG via Rule 65 filed a petition for certiorari before the CA alleging grave
abuse of discretion on the part of the RTC. The CA granted the petition, ruling
that the RTC gravely abused its discretion and thus ordered the issuance of
warrants of arrest against the HPG officers. Is Court of Appeals correct in granting
the OSGs petition for certiorari via Rule 65? (Cajipe vs. People, April 23, 2014)
a. No, considering that the RTC order of dismissal is final and
appealable, the CA erred when it granted the special civil action for
certiorari filed by the OSG via Rule 65.
b. Yes, Rule 65 is the proper remedy in this case.
c. No, Rule 65 should be filed to the Supreme Court.
d. Yes, CA did not erred in granting the special civil action.
4. The following are the nature of the personal properties to be seized under Rule
126, Section 3 of the Rules of Court, except:
a. Subject of the offense
b. Stolen or embezzled and other proceeds or fruits of the offense
c. The means used or intended to be used for committing an
offense.
5. It is justified on the ground that it is not practicable to secure a warrant
because the vehicle can be quickly moved out of the locality or jurisdiction in
which the warrant must be sought.
a. Consented Search
b. Search of moving vehicle
c. Search incident to a lawful arrest
d. Check point
6. The following are the available provisional remedies in criminal proceedings,

except:
a. Preliminary Injunction
b. Receivership
c. Support pendente lite
d. Replevin
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
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
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.
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
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
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
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.
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
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
d. Writ of Kalikasan
8. The following are entries may be subject to cancellation under Rule 108,
except:
a. Births
b. Marriages
c. Paternity
d. Adoption
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.
10. Under Efficient Use of Paper rule, it is applicable:
a. To all LGUs, executive branch of government.
b. To all agencies of the government.
c. To all courts and quasi-judicial bodies
administrative supervision of the Supreme Court.
d. To all pleadings.
under
the
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.
Made by a public officer

Made by a private person
The detention is pursuant to a warrant of arrest
Made by a person in authority
4. When a person is detained by a private person, the writ of habeas corpus is

directed:
A. To the said private person
B. To an office of the law
C. To any person designated by the court
5. Habeas Corpus issued by the Regional Trial Court is enforceable only in:
A. The territorial jurisdiction of the RTC that issued it.
B. The place where the person is actually detained
C. In the judicial region to which the RTC that issued it pertains
6. The venue of a petition for a change of name is:
A. The place of birth of the petitioner
B. His residence
C. The place where his birth was registered
D. The place where he was baptized
7. Habeas Corpus is not the proper remedy to secure the release of a person
detained pursuant to:

A. A warrantless arrest
B. A warrant of arrest
C. A warrant of arrest issued on the basis of an information charging an
offense which has already prescribed
D. His voluntary surrender
8. Who may not grant a writ of habeas corpus?
A. Any Regional Trial Court judge
B. The Court of Tax Appeals of any members thereof
C. The Court of Appeals or any member thereof
D. The Supreme Court or any member thereof
9. An appeal in habeas corpus case shall be perfected by filing the notice of
appeal with the clerk of court or judge who rendered the judgment within:
A. 15 days from notice of judgment
B. 30 days from notice of judgment
C. 5 days from notice of judgment
D. 48 hours from notice of judgment
10. The petition for the voluntary recognition of a minor natural child may be
filed only by:
A. The child
B. The mother of the child
C. The father of the child
D. The Child or his parent
Criminal Procedure Rule 122 to 127

1. After a judgment has become final and executory, the following may
constitute a remedy of the losing party. Which is the exception?
A. Petition for Relief
B.
C.
D.
E.
Action to Annul the Judgment

Motion for a New Trial or Reconsideration
Any of A or b
None of the above.
2. Judgments of the Regional Trial Court rendered in the exercise of its

appellate jurisdiction may be assailed:
A. By ordinary appeal to the Court of Appeals
B. By Petition for Review to the Supreme Court
C. By petition for review to the Court of Appeals
D. By Ordinary Appeal to the Supreme Court
E. By Appeal by Certiorari to the Supreme Court
3. In an original action filed in the Court of Appeals, jurisdiction over the
person of the respondent is acquired:
A. By the service of summons upon him in accordance with Rule 14
B. By the service of the copy of the petition upon him by the petitioner
C. By the service upon him or the order of resolution of the Court of
Appeals indicating its initial action on the petition or by his voluntary
submission to such jurisdiction.
D. By the service upon him or the order of resolution of the Court of
Appeals indicating its final action on the petition or by his voluntary
submission to such jurisdiction.
4. The Court of Appeals may annul the judgment of the Regional Trial Court
on the ground that:
A. The RTC decision resulted from an intrinsic fraud
B. The RTC had no jurisdiction over the person of the defendant
C. The RTC had no jurisdiction over the subject matter of the case or that
the decision resulted from extrinsic fraud
D. The RTC had no jurisdiction over the person of the complainant
5. In the following instances, the clerk of court of the Court of Appeals shall
designate a counsel de oficio if it appears from the record of the case as
transmitted that, except:
A. That the accused is a habitual delinquent
B. The accused is confined in prison,
C. The accused is without counsel de parte on appeal
D. The accused has signed the notice of appeal himself, the clerk of court
of the Court of Appeals shall designate a counsel de oficio
6. A search warrant may be issued for the search and seizure of personal
property, except:
A. Subject of the offense
B. Stolen or embezzled and other proceeds, or fruits of the offense
C. Future properties of the accused
D. Used or intended to be used as the means of committing an offense
7. The following are the requisites for issuing search warrant, except:
A. Based upon probable cause determined personally by the judge
himself
B. The determination of the existence of probable cause must be made
after examination by the judge of the complainant and the witnesses
he may produce
C. The books, documents or other things requested must appear prima
facie relevant to the issue subject of the controversy
D. It must particularly describe the place to be searched, and the persons
or things to be seized.
8. When the civil action is properly instituted in the criminal action as
provided in Rule 111, the offended party may have the property of the
accused attached as security for the satisfaction of any judgment that may
be recovered from the accused in the following cases, except:
A. When the accused admits the charge against him.
B. When the accused is about to abscond from the Philippines.
C. When the accused has concealed, removed, or disposed of his
property, or is about to do so.
D. When the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted to the use of the
accused who is a public officer, officer of a corporation, attorney, factor,
broker, agent, or clerk, in the course of his employment as such, or by
any other person in a fiduciary capacity, or for a willful violation of duty.
9. A search warrant shall be valid:
A. Sixty (60) days from its date. Thereafter it shall be void.
B. Thirty (30) days from its date. Thereafter it shall be void.
C. Ten (10) days from its date. Thereafter it shall be void.
10. The following are effects of appeal by any of several accused, except:
A.
B.
C.
D.
An appeal taken by one or more of several accused shall not affect

those who did not appeal, except insofar as the judgment of the
appellate court is favorable and applicable to the latter.
The assets of the appealing party shall be place in bond.
The appeal of the offended party from the civil aspect shall not affect
the criminal aspect of the judgment or order appealed from.
Upon perfection of the appeal, the execution of the judgment or final
order appealed from shall be stayed as to the appealing party.
Evidence Rule 133 to 134, Writ of Amparo, Writ of Habeas Data, Clerical
Error, Paper Rule
1. What is the right correlation between a criminal action and a petition for Writ
of Amparo both arising from the same set of facts?
A. When the criminal action is filed after the Amparo petition, the latter shall
be dismissed.
B. The proceeding in an Amparo petition is criminal in nature.
C. No separate criminal action may be instituted after an Amparo petition is
filed.
D. When the criminal action is filed after the Amparo petition, the latter shall
be consolidated with the first.
2. Alex filed a petition for Writ of Amparo against Melba relative to his daughter
Tonis involuntary disappearance. Alex said that Melba was Tonis employer, who,
days before Toni disappeared, threatened to get rid of her at all costs. On the
other hand, Melba countered that she had nothing to do with Tonis
disappearance and that she took steps to ascertain Tonis whereabouts. What
is the quantum of evidence required to establish the parties respective claims?
A.
B.
C.
D.
For Alex, probable cause; for Melba, substantial evidence.

For Alex, preponderance of evidence; for Melba, substantial evidence.
For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.
For both, substantial evidence.
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
20160201150
Atty. Christian Villasis
MCQs in Special Proceedings
Writ of Amparo
Q1
Jonas, a known activist, was allegedly arrested by the 9th Infantry

Battalion of the Philippine Army (PA) detailed in Oriental Mindoro.
After such arrest, his whereabouts was never known and his families
were terrified that he might be a victim of extrajudicial killings. Kim,
her mother come to you for legal assistance for the release of Jonas or
his body be exhumed from the grave assuming that he might already
dead. What will be your remedy?
A.
To file a Writ of Habeas Corpus against the detailed Commander of the 9 th

Infantry Battalion of PA for the alleged illegal arrest of Jonas without due
process of law.
To file a Writ of Amparo against the detailed Commander of the 9th
Infantry Battalion of PA for the alleged illegal arrest of Jonas and the
assumption that he was already dead being a victim of extrajudicial killing
based on the fact that his right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of the 9th Infantry
Battalion of PA, headed by their detailed Commander.
To file a Writ of Amparo against all Generals and Officers of PA including
B.
C.
D.
E.
the President of the Philippines, who is the Chief of Staff of the Armed
Forces of the Philippines for the alleged illegal arrest of Jonas and the
presence of actual threat of his right to life, liberty or property from such
illegal arrest and the presumption that he was already dead being a victim
of extrajudicial killing.
To file a Writ of Amparo against all who participated alone for the alleged
illegal arrest of Jonas detailed in the 9th Infantry Battalion of PA due to the
presence of threat of his right to life, liberty or property from such illegal
arrest and the presumption that he was already dead being a victim of
extrajudicial killing.
To file a Writ of Amparo against the detailed Commander of the 9 th
Infantry Battalion of PA for the alleged illegal arrest of Jonas and the
presence of actual threat of his right to life, liberty or property from
such illegal arrest and the presumption that he was already dead
being a victim of extrajudicial killing.
Habeas Data
Q2
Leila, a well-known Senator of the Republic of the Philippines was

accused of being a protector of Drug Lords in National Bilibid Prison
even before she became a Senator. She was accused through Media
News Conference, as a recipient of drug money from these Drug
Lords. They even appealed to her for her resignation from office
otherwise they will expose to the public her sex video with her
longtime driver/bodyguard/boyfriend. Leila was threatened and filed
a Petition for a Writ of Habeas Data against her accusers. Is his
remedy correct?
Yes, her remedy is correct. Because Leilas right to life, liberty or property is
violated or threatened by an unlawful act or omission of her accuser by
exposing her alleged sex video.
Yes, her remedy is correct. Because mere pronouncements in Media
Conference that the accusers will expose her allege sex video is a
threatening act against Leilas right to life, liberty or privacy.
No, her remedy is not correct. Unless, her accusers who threatened to
expose her sex video are public official or employee or a private
individual or entity engaged in the gathering, collecting or storing of
data or information regarding the person, family, home and
correspondence of Leila.
No, her remedy is not correct. Her accuser is just threatening her to resign
from office in exchange with their false information with the public. She
must file a Libel case against these persons
Q3
Assuming Leilas remedy is the correct one, where should she file her
Petition?
A
B.
Either to the Supreme Court, Court of Appeals or the Sandiganbayan;

The Regional Trial Court which has jurisdiction over the place where the
data or information is gathered collected or stored.
The Regional Trial Court where the respondent or petitioner resides.
The Metropolitan/Municipal Trial Court where the respondent or petitioner
resides.
B and C
C
D
E
Clerical Error Act

Q4
In RA 10172 or the Clerical Error Act, what can be validly corrected

without going to the court?
Mistake committed in the performance of clerical work in writing,

copying, transcribing or typing an entry in the civil registry on the
entry of day and month in the date of birth or the sex of the person,
which is visible to the eye or obvious to the understanding and can be
corrected or changed only by reference to other existing records.
Mistake committed in the performance of clerical work in writing, copying,
transcribing or typing an entry in the civil registry on the entry of day and
month in the date of birth, which is visible to the eye or obvious to the
understanding and can be corrected or changed only by reference to other
existing records.
Names which are ridiculous, tainted with dishonor or extremely difficult to
write or pronounce.
Change of Surname as a result of a valid adoption.
C
D
Paper Rule
Q5
Under the Efficient Use of Paper Rule the following margins and
prints should be followed
A left hand margin of 1.5 inches from the edge; an upper margin of
1.2 inches from the edge; a right hand margin of 1.0 inch from the
edge; and a lower margin of 1.0 inch from the edge. Every page must
be consecutively numbered.
A left hand margin of 1.5 inches from the edge; an upper margin of 1.5
inches from the edge; a right hand margin of 1.0 inch from the edge; and a
lower margin of 1.0 inch from the edge. Every page must be consecutively
numbered.
numbered.
numbered in letters.
Adoption
Q6
Can an adopter validly rescind the adoption previously approved by

the court?
A
B
Yes, provided that the rescission be done judicially.

Yes, provided that the rescission is done judicially accompanied by consent
from the adoptee filed within a reasonable time at the discretion of the
court.
No, only the adoptee can rescind the adoption, for the reason of
adoption, being in the best interest of the child. The adopter may
only disinherit the adoptee for causes provided in Article 919 of NCC.
No, the adopter may rescind only the adoption for causes provided in
Article 919 of NCC.
Q7
May a foreigner adopt in the Philippine?
No, adoption is given only to Philippine Nationals.
B
C
No, foreigner may not adopt under the Best Interest of the Minor rule.
Yes, provided his country has a diplomatic relations with the
Philippines, at least 27 years of age, and same qualifications for the
adopter in domestic adoption laws.
Yes, but with respect to a former Filipino only, who is permanently residing
abroad.]
Habeas Corpus
Q8
What exceptional circumstance should be present before a postconviction remedy of a Petition of Habeas Corpus is filed?
There has been a deprivation of a constitutional right resulting in the

restraint of a person.
The court had no jurisdiction to impose the sentence.
The imposed penalty has been excessive, thus vowing the sentence as to
such excess.
Any of the above.
B
C
D
Absentees
Q9
What is the purpose on Rule of Absentees?
A
B
For purposes of re-marriage of the other spouse.

For purposes of appointing an administrator over the properties of
the absentee.
For purposes of liquidation of the properties of the absentee and giving
support to minor children.
For purposes of settlement of the outstanding debts with the creditors,
which is already due and demandable.
C
D
Appeals
Q10
In appeal of Special Proceedings case, what are the rules on advance

distribution?
Parts of the properties of the decedent upon valid cause may be

distributed even on appeal for purposes of support to the minor heirs, if
any.
The court in its discretion and upon such terms as it may deem just
C
D
and proper permits parts of the estate as may not be affected by the
controversy or appeal to be distributed among the heirs, legatees or
devisees.
Obligation to pay the debts may be distributed as an advance distribution
pending appeal, provided that the debts are already due and demandable.
Advance Distribution of the properties of the decedent may be effected
pending appeal, provided a reasonable bond is posted by the
administrator/executor.
MCQs in Criminal Procedure

Q1
What is the rule on appeal from Regional Trial Court imposing a

penalty of death with the Court of Appeals?
No notice of appeal is necessary. The Court of Appeals shall

automatically review the judgment of the Regional Trial Court.
A notice of appeal may be filed first, in order for the clerk of court to
transmit the records of the case with the Court of Appeals.
No notice of appeal is required. The case will be automatically transmitted
with the Court of Appeals for review.
Although no notice of appeal is required, automatic review may be done
only if the interest of justice so requires.
B
C
D
Q2
If there are several accused, what is the effect of an appeal?
An appeal taken by one or more of several accused shall not affect those
who did not appeal, except in so far as the judgment of the appellate court
is favorable to the latter.
The appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appealed from.
Upon perfection of the appeal, the execution of the judgment or final
order appealed from shall be stayed as to the appealing party.
All of the above.
A & C only.
B
C
D
E
Q3
What is the exception of the same observance of procedure between

the Regional Trial Court and the Metropolitan/Municipal Trial Court
and Municipal Circuit Trial Court?
Where a particular provision applies only to either of said courts and

in criminal cases governed by the Revised Rules on Summary
Procedure.
Criminal Cases governed by the Revised Rules on Summary Procedure.
The rules requiring alternative dispute resolution (Mediation, Arbitration,
Conciliation etc.)
Application of the particular provision applies only to specific jurisdiction
B
C
D
Q4
In an appeal before the judgment of the Court of Appeals convicting

the accused, when does the latter may move for new trial on the
ground of newly discovered evidence?
A
B
C
D
Before rendition of judgment

Before the decision becomes final
After order denying the Motion for Reconsideration
After the decision becomes final but before entry of judgment
Q5
Whenever the Court of Appeals in its appellate jurisdiction finds that

the penalty of death should be imposed, what the Court of Appeals
should do? (Sec 13, Rule 124)
It shall render and enter judgment imposing such penalty. The judgment
may be appealed to the Supreme Court by notice of appeal filed with the
Court of Appeals.
The Court shall render judgment but refrain from making an entry of
judgment and forthwith certified the case and elevate its entire
record to the Supreme Court for review.
The Court shall render judgment and forthwith certified the case and
elevate its entire record to the Supreme Court for review.
The court shall render judgment and the court will automatically elevate its
entire record to the Supreme Court for review.
C
D
Q6
If the decision of the Supreme Court en Banc is equally divided in

opinion or the necessary majority cannot be had on whether to acquit
the appellant, the case shall be again deliberated upon and if no
decision is still reached after re-deliberation, how will the Supreme

Court en Banc decide? (Sec 3, Rule 126)
A
B
C
D
A judgment of the conviction of the lower court shall be remanded to the

court a quo for further trial and presentation of additional witnesses and
necessary evidence.
The judgment of the conviction of the lower court shall be sustained and
the entry of judgment should be entered into.
The judgment of the conviction of the lower court shall be reversed
and the accused acquitted.
The judgment of the conviction of the lower court shall be remanded to
the Court of Appeals for further evaluation of the case.
Q7
What is the validity of Search Warrant? (Sec 10, Rule 126)
A
B
C
D
Ten (10) days from its date.

Fifteen (15) days from its date.
Seven (7) days from its date.
Thirty days (30) days from its date.
Q8
What is the requisites of the Search Warrant? (Sec 4, Rule 126)
Upon probable cause in connection with one offense to be

determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the thing to
be seized which may be anywhere in the Philippines.
Upon probable cause in connection with two or more offenses to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the thing to be seized
which may be anywhere in the Philippines.
Upon probable cause in connection with one offense to be determined
personally by the judge after examination under oath or affirmation of the
complainant he may produce, and particularly describing the place to be
searched and the thing to be seized which may be anywhere in the
Philippines.
Upon probable cause in connection with one offense to be determined
personally by the judge after examination of the complainant he may
produce, and particularly describing the place to be searched and the
thing to be seized which may be anywhere in the Philippines.

Q9
What is the purpose of allowing a warrantless search and seizure

incident to a lawful arrest? (Pp V Calantiao, 2014)
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
Q10
Searches to prevent the occurrence of a crime?
A
B
C
D
Valid Search.
Searche incidental to a lawful arrest.
Stop and Frisk Search.
Civilian Search.
MCQs in Evidence
Q1
The greater or superior weight of evidence. It is the evidence that is

more convincing and more credible than the one offered by the
adverse party. (Habagat Grill V. Urban Property Developer, Inc., 454
Scra 653)
A
B
C
D
Substantial Evidence
Clear and Convincing Evidence
Preponderance of Evidence
Proof Beyond Reasonable Doubt
Q2
To persuade the preponderance, what should be consider? (Mc

Donald V. Union Pacific 109 Utah 493)
A
B
C
D
To take both quantitative and qualitative evidence.

Not to take the evidence quantitatively but qualitatively.
to take quantitative evidence only.
Not to take the evidence qualitatively but quantitatively.
Q3
It is the state of the case which, after a comparison of all the evidence,
does not lead the judge to have in his mind, a moral certainty of the
truth of the charge. (Pp V Calma, 295 Scra 629)
A
B
C
D
Reasonable Doubt
Guilt of the accused
Uncertainty of Evidence
Weight and Sufficiency of Evidence
Q4
In jurisprudence, what is the well-entrenched rule before the

conviction of the accused be sustained? (Basilio V Pp GR No. 180597,
Nov. 7, 2008)
It is not the weaknesses of the defense, but on the strength of the

prosecution to prove the guilt beyond reasonable doubt, not on the
accused to prove his innocence.
It is not the weaknesses of the prosecution, but on the strength of the
defense to prove the guilt beyond reasonable doubt, not on the accused
to prove his innocence.
The want of interest of the witnesses and their personal credibility so far as
the same may ultimately appear in the trial.
The party having the burden of proof must establish his case.
C
D
Q5
The amount of relevant evidence which a reasonable mind might

accept as adequate to justify a conclusion. (Sec 1, Rule 133)
A
B
C
D

Guilt Beyond Reasonable Doubt
Q6
In Agrarian cases, what quantum of proof is required?(Heirs of E.B.

Roxas Inc. V Tolentino, 167 Scra 334)
Preponderance of Evidence.
B
C
D
Substantial Evidence.
Clear and Convincing Evidence.
Proof Beyond Reasonable Doubt.
Q7
What quantum of evidence needs to prove in case of forgery?

(Domingo V. Robles G.R. No. 153743, Mar. 18, 2005)
Proof Beyond Reasonable Doubt, whoever alleges it has the burden of

proving the same.
Clear and Convincing Evidence since forgery cannot be presumed:
hence, it was incumbent upon petitioner to prove it.
Substantial Evidence, in order to justify the allegations of it.
Proof Beyond Reasonable Doubt, because forgery is a crime.
B
C
D
Q8
What kind of evidence is required in an allegation of frame up and

extortion by police to substantiate their defense of instigation? (Pp. V
Boco, 309 Scra 42)
A
B
C
D
Proof Beyond Reasonable Doubt.
Q9
A notarized instrument, enjoys the presumption of due execution

hence, what quantum of evidence is required in order to overcome
such presumption? (Viaje V Pimentel G.R. No. 147792 Jan 23, 2006)
A
B
C
D
Guilt of Notary Public beyond reasonable doubt.
Q10
The Labor Code provides that an employer may terminate the services
of an employee for just cause and this must be supported by what
kind of evidence? (Tangko V. Manufacturers Life Insurance Co., G.R.
No 167622, Nov. 7, 2008)
Lower than Preponderance of Evidence but higher than Substantial

Evidence.
B
C
D
MCQs OF RITA LIM SENO-OGBINAR
1. SPECIAL PROCEEDINGS (RULE 99-109)
1. A person desiring to adopt another or have the custody of minor shall
present his petition to the Court of First Instance of the province, or
the municipal or justice of the peace court of the city or municipality
(a) In which he domiciles
(b) In which he resides
(c) In which he works
(d) In which he transfers.
2. The petition for adoption shall contain the same allegations required
in a petition for guardianship, to wit except one:
(a) The jurisdictional facts
(b) The qualification of the adopter
(c) The identification of the testator
(d) The name, age and residence of the person to be adopted and of his
relatives or of the persons who have been under his care.
3. If the petition and consent filed are sufficient in form and substance,
the Court by an order reciting the purpose of the petition shall fix a
date and place for the hearing thereof which date shall
(a) Not be more than four (4) months after the entry of the order
(b) Not be more than three (3) months after the entry of the order
(c) Not be more than six (6) months after the entry of the order
(d) Not be more than two (2) months after the entry of the order.
4. A copy of the order of hearing shall be published before the hearing
at least once a week
(a) For two (2) successive weeks in some newspaper of general circulation
published in the province, as the Court shall deemed best.
(b) For three (3) successive weeks in some newspaper of general
circulation published in the province, as the Court shall deemed
best.
(c) For four (4) successive weeks in some newspaper of general circulation
(d) For six (6) successive weeks in some newspaper of general circulation
5. When husband and wife are divorced and living separately and apart
from each other, the question as to the care, custody and control of a
child or children of their marriage is brought
(a) Before the MTC
(b) Before the Court of Appeals
(c) Before the Regional Trial Court
(d) Before the Supreme Court
6. The reasons why the child should not be taken from its parents if
living parents should show cause that they do not commit the
following:
(a) Reason of long absence or legal or physical disability have abandoned
it;
(b) Can adequately support the child through vagrancy;
(c) Negligence or misconduct;
(d) Treat it with excessive harshness, give it corrupting orders, counsels or
examples allowing it to engage in begging to commit offenses against
the law.
7. For the best interest of the child, vagrant and abused children should
be removed from parents are harsh, maltreating and offending and
should ultimately place them to
(a) Suitable orphan asylum
(b) Benevolent society or person
(c) Childrens Home
(d) All of the above
8. The adopter may petition court for the rescission or revocation of
adoption on any of the following cases except:
e. If adopted person has attempted against the life of adopter
f. When adopted minor has abandoned the home of the adopter for
more than three (3) years
g. When the adopted person has repudiated adoption;
h. When adopted person condones all the offenses of adopter.
9. The Court in which the petition is filed shall issue an order requiring
the adverse party to answer the petition within
(a) Within ten (10) days
(b) Within five (5) days
(c) Within fifteen (15) days
(d) Within thirty (30) days from receipt of copy thereof.
10. The petition for hospitalization of insane person shall be filed
e. By the Director of Health
f. By the Barangay Captain
g. By the Natural Parents

h. By the Adopter.
(e) CRIMINAL PROCEDURES (RULE 110-127)

1. The complaint of information shall be in writing in the name of
(a) John Doe
(b) President of the Philippines
(c) People of the Philippines
(d) Barangay Captain in charge of the place where the offense was
committed.
2. What are the crimes that can not be prosecuted de officio except one?
(a) Concubinage and Adultery
(b) Seduction, abduction and acts of Lasciviousness
(c) Defamation
(d) Murder
3. What is the nature of Pre-trial?
(a) Optional
(b) Mandatory
(c) Voluntary
(d) Discretionary
4. It is the formal mode of implementing the constitutional right of the
accused to be informed of the nature of the cause of the accusation
against him.
(a) Arrest
(b) Arraignment
(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
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 be divulged to the public
due to its nature or privileged character;
(c) When the respondent invokes the provision for the confidentiality of
the proceedings under the Rule on the Writ of Habeas Data;
(d) When the witness to be presented is a government official of high
position or rank.
2. Who may not grant a Writ of Habeas Corpus?
(a) Any RTC judge
3.
4.
5.
6.
7.
8.
(b) Any member of the CTA

(c) Any member of the CA
(d) Any member of the Supreme Court
In a Writ of Habeas Corpus, what should the court issue where the
person is detained under governmental authority and the illegality of
his detention is not patent from the petition of the writ?
(a) Order of Release
(b) Preliminary Citation
(c) Peremptory Writ
(d) Warrant of Commitment
When can the Sandiganbayan issue a writ of Habeas Corpus?
(a) In all cases falling within their exclusive jurisdiction
(b) Only in aid of its appellate jurisdiction
(c) Only in cases falling within their original jurisdiction
(d) In all cases falling within their concurrent jurisdiction
The testimony of a child witness is:
(a) Admissible even if hearsay
(b) Not admissible if hearsay
(c) Sufficient to convict an accused even if hearsay
(d) Admissible only after his competency is established.
Who may not be excluded from the proceedings of the case?
(a) Parties to the action or the accused in the criminal case;
(b) Expert witnesses
(c) Rebuttal witnesses
A witness can testify only to those facts which he knows of his
personal knowledge, except
(a) Dying declaration
(b) Admission by silence
(c) Opinion of expert witness
Before any private document offered as authentic is received in
evidence, its due execution and authenticity must be proved by:
(a) Presenting anyone who saw the document executed or written or
by evidence of the genuineness of the signature or handwritten of
the maker;
(b) Presenting the original of the private document to comply with the
best evidence rule;
(c) Presenting the person in whose custody the private document is found;
(d) Presenting at least one witness to testify on the contents of the private
document.
9. What is the extent of the cross-examination of a witness?
(a) To any matters relevant to the theory of the adverse partys case;
(b) To any matters relevant to all issues raised in the case;
(c) To any matters stated in the direct examination; to any matter
connected therewith; to test his accuracy, truthfulness and
freedom from interest, bias or the reverse; and to elicit all
important facts bearing upon the issue;
(d) To any matters covered only in the direct examination.
10. Is a carbon copy of a document regarded as original document under
the Best Evidence Rule?
(a) Yes. When an entry is repeated in the regular course of business, one
being copied from another at or near the time of the transaction, all
the entries are likewise equally regarded as original;
(b) Yes. When a document is in two or more copies executed at or
about the same time, with identical contents, all such copies are
equally regarded as originals;
(c) Yes. When the original document has been lost or destroyed or can
not be produced in court.
(d) Yes. When the original document is in the custody or under the
control of the adverse party and fails to produce it despite
reasonable notice.
MCQ REMEDIAL LAW REVIEW II

Atty. Christian Kit Villasis
Special Proceedings
1. Which among the following is not a rule on Belated Claims?
A. Belated claims may be filed even beyond the period fixed by the court on
application of a creditor who has failed to file his claim within the time previously
limited, at any time before an order of distribution is entered, the court may, for
just causes, allow such claim to be filed not exceeding 1 month from the order
allowing belated claims.
B. Belated claims may be filed even beyond the period fixed by the court where
the estate filed a claim against the creditor or claimant who failed to present his
claim against the estate within the period fixed by the probate court for the
settlement of such claims, the creditor will be allowed to set up the same as a
counterclaim to the action filed by the estate against him.
C. Statute of non-claims supersedes the Statute of Limitations insofar as the debts

of deceased persons are concerned because if a creditor fails to file his claim
within the time fixed by the court in the notice, then the claim is barred forever.
D. Both statute of non-claims and statute of limitations need not concur in order
for a creditor to collect.
2. X filed a claim in the intestate proceedings of D. Ds administrator did not
allege any claim
against
X
by
way
of
offset,
can
Ds
administrator prosecute the claim in an independent proceeding?
A. Yes, Ds administrator can prosecute the claim in an independent proceeding
since the claim of X was disallowed. If X had a valid claim and Ds
administrator did not allege any claim against X by way of offset, his failure
to do so would bar his claim forever.
B. Yes, Ds administrator cannot prosecute the claim in an independent
proceeding since the claim of X was disallowed. If X had a valid claim and
Ds administrator did not allege any claim against X by way of offset, his
failure to do so would bar his claim forever.
C. No, Ds administrator can prosecute the claim in an independent proceeding
since the claim of X was disallowed. If X had a invalid claim and Ds
administrator did not allege any claim against X by way of offset, his failure
to do so would bar his claim forever.
D. No, Ds administrator cannot prosecute the claim in an independent
proceeding since the claim of X was disallowed. If X had a valid claim and
Ds administrator did allege any claim against X by way of offset, his failure
to do so would not bar his claim forever.
3. The proper venue in a petition to declare as escheated a parcel of land
owned by a resident of the Philippines who died intestate and without heirs
or persons entitled to the property.
A. The venue of the escheat proceedings of a parcel of land in this case is the
province wherein he had his estate.
B. The venue of the escheat proceedings of a parcel of land in this case is the
place where the deceased last resided.
C. The venue of the escheat proceedings of a parcel of land in this case is the
place where the land lies in whole or in part.
D. The venue of the escheat proceedings of a parcel of land in this case is the
place where any of property is located at the election of decedent stated in the
will.
4. The proper venue in a petition
for
the
appointment
of
an
administrator over the land and building left by an American citizen

residing in California, who had been declared an incompetent by
an American court.
A. MTC of the place where his property or part thereof is situated.
B. RTC of the place where his property or part thereof is situated.
C. MTC of the place where the ward resides.
D. RTC of the place where the ward resides.
5. Suppose the property of D was declared escheated on January 3, 2000 in
escheat proceedings brought by the Solicitor General. In 2016, X, who
claims to be an heir of D, filed an action to recover the escheated
property. Is the action viable?
A. No, the action is not viable. The action to recover escheated property must be
filed within five (5) years from the date of filing a petition or be forever barred.
B. No, the action is not viable. The action to recover escheated property must be
filed within five (5) years from the date of acquisition by the State or be 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.
E. All of the above
F. None of the above
3. What is meant by Res Judicata in Prison Grey?
A. The criminal counterpart of bar by former judgment or direct estoppel by
judgment.
B. the Scale of Justice shall tilt in favor of the accused.
C. We will not prosecute.
D. The criminal concept of double jeopardy.

4. While X has posted bail, he has yet to be arraigned. X revealed to you that
he has not been investigated for any offense and that it was only when
police officers showed up at his residence with a warrant of arrest that he
learned of the pending case against him. He wonders why he has been
charged before the Sandiganbayan when he is not in government service.
What remedy would you invoke in Xs behalf to address the fact that he had
not been investigated at all?
A. I will file a Motion to Quash on the ground that the Sandiganbayan has no
jurisdiction over the person of the accused.
B. I will file a motion of bill of particulars to enable him to properly plead and
prepare for trial.
C. I will file an appeal by way of petition for review with the Secretary of Justice.
D. I will file a motion for reconsideration or motion for new trial, as the case may
be.
5. Which of the following distinguishes a motion to quash from a demurrer
to evidence?
A. A motion to quash a complaint or information is led before the prosecution
rests its case.
B. A motion to quash may be led with or without leave of court, at the
discretion of the accused.
C. When a motion to quash is granted, a dismissal of the case will not necessarily
follow.
D. The grounds for a motion to quash are also grounds for a demurrer to
evidence.
6. Below are three (3) distinctions between a pre-trial in a criminal case and
a pre-trial in a civil case, which one is not?
A. In a criminal case, a pre-trial agreement is required to be reduced to
writing and signed by the accused and his counsel while in a civil case, the
agreement may be contained in the pre-trial order.
B. In a criminal case pre-trial brief is required only requirement if attendance is
complied with whereas in civil case pre-trial brief is required.
C. The pre-trial in a criminal case does not consider the possibility of a
compromise, which is one important aspect of the pre-trial in a civil case.
D. The pre-trial in a criminal case is conducted only "where the accused and
counsel agree" while the pre-trial in a civil case is mandatory.
7. Which of the following statements is incorrect?

A. A Motion to Quash which is granted is a bar to the prosecution for the same
offense if the criminal action or liability has been extinguished.
B. A witness so discharged must still apply for the enjoyment of rights and
benefits of the DOJ.
C. A demurrer to evidence may be filed without leave of court in a criminal case.
D. A defendant need not ask for leave of court in a civil case.
E. None of the above.
F. All of the above.
8. Which among the following is a requisite before an accused may be discharged
to become a state witness?
A. The testimony of the accused sought to be discharged can be substantially
corroborated on all points.
B. The accused does not appear to be guilty.
C. There is absolute necessity for the testimony of the accused whose discharge is
requested.
D. The accused has not at any time been convicted of any offense.
9. Kanor, the accused in a homicide case before the RTC. Ting Gil, was
personally notified of the promulgation of judgment in his case set
for December 10, 2016. On said date. Kanor was not present as he had to
attend to the trial of another criminal case against him in Matnog, Sorsogon.
How shall the court promulgate the judgment in the absence of the accused?
A. In the absence of the accused, the promulgation shall be made by
recording the Judgment in the criminal docket and a copy thereof served
upon the accused or counsel.
B. The promulgation shall be made provided the accuseds counsel or
representative must stand in for him.
C. Archived the case.
D. The court will reset the hearing and order the counsel of Kanor to present him
in the next hearing. Otherwise both Kanor and his counsel will be subject to
contempt.
10. What is recantation? Is it a ground for new trial?
A. Recantation is the public and formal withdrawal of a witness of his prior
statement, it is a ground for granting a new trial and are is given much weight
B. Recantation is the public and formal withdrawal of a witness of his prior
statement, it is not 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.
C. Recantation is the informal withdrawal of a witness of his prior statement, it is
not a ground for granting a new trial and is hardly given weight.
D. Recantation is the informal withdrawal of a witness of his prior statement, 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.
Evidence and other Special Laws

1. Under the Rules on Evidence, the following is a conclusive presumption
and therefore cannot be contradicted by evidence.
A. Estoppel in pais.
B. Estoppel by deed.
C. A tenant cannot deny his landlord's title during the tenancy period.
D. Laches.
2. What
is
the
difference
between
an
offer
of testimonial
evidence and an offer of documentary evidence?
A. Testimonial evidence is always being offered as many times as allowed by the
court whereas Documentary evidence is offered only once.
B. An offer of testimonial evidence is made at the time the witness is called to
testify, while an offer of documentary evidence is made after the presentation

of a partys testimonial evidence.
C. Testimonial evidence is offered only once on the other hand Documentary
evidence is always being offered as many times as possible as long as evidence is
available and admissible.
D. An offer of testimonial evidence is made at the time the witness is called to
testify, while an offer of documentary evidence is made before the
presentation of a partys testimonial evidence.
3. What
is
the
difference,
if
any,
between
the conciliation
proceedings under the Katarungang Pambarangay Law and the
negotiations for an amicable settlement during the pre-trial conference
under the Rules of Court?
A. No difference.
B. In the Katarungang Pambarangay Law, failure to resort to conciliation is not a
ground for motion to dismiss whereas failure to resort conciliation in negotiation
for and amicable settlement during pre-trial conference is a ground for motion to
dismiss.
C. Mediation in Katarungang Pambarangay is mandatory while mediation in pretrial conference is discretionary.
D. Under the Katarungang Pambarangay Law and the negotiations for an
amicable settlement during the pre-trial conference under the Rules of Court is
that in the former, lawyers are prohibited from appearing for the parties.
Parties must appear in person only except minors or incompetents who may be
assisted by their next of kin who are not lawyers.
4. What is the object of the Katarungang Pambarangay Law?
A. To effect an amicable settlement of disputes among family and barangay
members at the barangay level without judicial recourse
B. To consequently help relieve the courts of docket congestion.
C. To reduce the number of court litigations.
D. To prevent the deterioration of the quality of justice which has been brought
about by the indiscriminate filing of the courts.
F. All of the above
5. Under the Rules on Examination of a child witness, a child witness is one:
A. Who is over 18 years of age at the time of the giving of testimony but is found
by the court as unable to fully take care of himself
B. Who is over 18 years of age at the time of the giving of testimony but is found
by the court as unable to protect himself from abuse, neglect, cruelty,

exploitation, or discrimination
C. Who is below 18 years of age at the time of the giving of testimony.
D. Who are below 18 years of age consider as victims, accused and witness to a
crime.
F. All of the above
6. When may the court order that the testimony of the child be taken by livelink television?
A. If there is a substantial likelihood that the child would suffer trauma from
testifying in the presence of the accused, his counsel or the prosecutor as the
case may be.
B. If the child is considered as a hostile witness.
C. The court may allow the child to testify in live-link television if acquired the
consent of parents.
D. The court may order the testimony of the child be taken by live-link television
only if the life and identity of the child is in danger.
7. Under the Rules of Electronic Evidence, admissibility of an electronic
evidence refers to the following, except:
A. Whenever a rule of evidence refers to the term writing, document, record,
instrument, memorandum or any other form of writing, such term shall be
deemed to include an electronic document as defined in 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
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. Writ of Replevin
d. Writ of Habeas Data
e. Writ of Amparao
Ans: B
2. Jurisdiction of estate of deceased persons in Metro Manila is within the
jurisdiction of MTC where the gross value of estate does not exceed _____;
otherwise, RTC.
a. 450,000
b.
c.
d.
e.
300,000
400,000
250,000
350,000
Ans: C
3. Jurisdiction of estate of deceased persons outside Metro Manila is within

the jurisdiction of MTC where the gross value of estate does not exceed
_____; otherwise, RTC.
a. 300,000
b. 400,000
c. 250,000
d. 350,000
e. 200,000
Ans: A
4. _______ is a proceeding where the decedent had left no will and no debts,
and the heirs adjudicate the estate among themselves without seeking
letters of administration.
a. Summary Settlement
b. Judicial Settlement
c. Extrajudicial Settlement
d. Foreclosure
e. Liquidation of Estate
Ans: C
5. Which may not be determined by the probate court?
a. Recognition of a natural child
b. Matters incidental or collateral to the settlement and distribution of the
estate.
c. Validity of disinheritance effected by the testator
d. Status of a woman who claims to be the lawful wife of the decedent
e. Validity of adoption proceedings
Ans: E
6. _____ a kind of affidavit required to be executed by the sole heir of a
deceased person in adjudicating to himself the entire estate left by the
decedent filed in the office of the Registry of Deeds
a. Affidavit of Loss
b. Affidavit of Heirship
c. Affidavit of Adverse Claim

d. Affidavit of Self-adjudication
e. Affidavit of Declaration of Ownership
Ans: D
7. The following may file a petition for the allowance of a will, except:
a. Executor
b. Any creditor
c. Testator himself during his lifetime
d. Devisee or Legatee named in the will
e. Court administrator
Ans: E
8. ____ is the person nominated by a testator to carry out the directions and
requests in his will and to dispose of his property according to his
testamentary provisions after his death.
a. Administrator
b. Executor
c. Creditor
d. Legatee
e. Devisee
Ans: B
9. The duty of administrator upon revocation of the letters of administration:
a. To surrender the letters to the court; b. Render account whenever time
permits.
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
10. If no creditor files a petition for letters of administration within ___ years
after the death of the decedent, it is presumed that the estate left no
debts.
a. 2 years
b. 1 year
c. 3 years
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.
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
d. D. a subsequent information or complaint was filed containing the same
offense, an attempt or frustration to commit it.
Ans: A
16. As a general rule, when a criminal action is instituted, the civil action for
the recovery of civil liability arising from the offense shall be deemed
instituted with the criminal action.
a. The statement is true
b. The statement is false
c. The statement is true with exceptions
Ans: C
17. If the accused dies during appeal, his civil and criminal liabilities still
subsist. If the accused dies after final judgment, the pecuniary liabilities of
the accused are not extinguished.
b. Both statements are falls
Ans: D
18. ____ is an inquiry or proceeding to determine whether there exists
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 held for trial.
a. Special proceeding
b. Custodial investigation
c. Preliminary Investigation
d. Execution of warrant
Ans: C
19. Bail may be in the form of the following, except:
a. Corporate Surety
b. Property Bond
c. Cash Bond
d. Mortgage
e. Recognizance
Ans: D
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.
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. Privileged communication includes the following, except:
a. Lawyer- Client
b. Teacher-Student
c. Husband-Wife
d. Priest-Penitent
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.
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.
b.
c.
d.
e.
Written
Filed in court
Grounds must be stated
Notice must be given to the fiscal
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
PADUAL, JOSEPH C.
ATTY. VILLASIS
MCQ
RULE 99-109
RULE 122-127
RULE 133-134
1) WRIT OF AMPARO
2) HABEAS OF DATA
3) CLERICAL ERROR ACT
4) PAPER RULE
RULE 99-109
1. Filed with the written consent to the adoption shall be;
A. signed by the child
B. signed by the childs spouse;
C. known living parents who is not insane;
D. none of the above.
ANSWER- A-C (RULE 99, SEC.3)
2. If the person to be adopted is of age, consent must be:
A.
B.
C.
D.
signed by the child;

if 14 years of age or over and not incompetent;
by the childs spouse;
only his or her consent and that of the spouse
ANSWER (D) SEC. 3,LAST PART,RULE 99

3. Petition for the rescission or revocation of his or her adoption/ may file petition
for the same causes
A. that authorize the deprivation of parental authority
B. when the adopted person has attempted against the life of the adopted;
C. when the adopted minor has abandoned the home of the adopter for more
than 3 yrs;
D. when by other acts the adopted person has repudiated the adoption
ANSWER (A) RULE 100, SEC.1
4. If the adopted person has attempt against the life of the adopter;
A. the adopter may likewise petition the court for the rescission or revocation of
the adoption in any of these cases;
B. the adopted minor may abandon the home of the adopter for more than (3)
years;
C. the adopted person may repudiate by other acts the adoption;
D. the guardian or guardian ad litem may petition for the rescission of his or her
adoption.
ANSWER (A) RULE 100, SEC. 1 (2ND. PAR.)
5. Petition for the commitment of a person to a hospital or other place for the
insane maybe filed with:
A. CFI of the province where the alleged to be insane is found;
B. Department of Health;
C. DSWD
D. Director Of Department Of Health
ANSWER (A) RULE 101, SEC.1
6. __________
is a writ directed to the person detaining another and
commanding him to produce the body of the prisoner at a certain time and place
with the day and the cause of his capture and detention, to do, submit to, and
receive whatsoever the court or judge awarding the writ shall consider in that
behalf.
A. Peremptor Writ
B. Writ Of Habeas Data
C. Writ Of Kalikasan
D. Writ Of Habeas Corpus
ANSWER (D) ILUSON VS. BUILDER, MAY 12, 2000
7. The writ of ____________shall extend to all cases of illegal confinement or
detention by which any person is deprived of his liberty, or by rightful custody of
any person is withheld from the person entitled thereto.
A. Habeas Data
B. Habeas Corpus
C. Kalikasan
D. Commitment
ANSWER (B) RULE 102, SEC. 1
8. When the name is ridiculous, dishonorable or extremely difficult to write or
pronounce is a ground for:
A. Petition for The Correction, Cancellation Of Entries
B. Change of First Name and Nickname and other Civil Entries
C. Petition for Change of Name
D. None of the Above
ANSWER (C) RULE 103
9. After the lapse of (2) yrs. from his disappearance without any news about the
absentee or from the receipt of the last news, or after (5) years in case the
absentee has left a person in change of the administration of his property is the
period required:
A.
B.
C.
D.
To File Petition for Change Of Name;

To File Petition for Declaration Of Persons Absence;
To File Petition for Writ Of Habeas Corpus;
To File Petition for Writ Of Habeas Data;
ANSWER (B) RULE 107, SEC. 2

10. A party may appeal from an order or judgment:
A. within (15) days from notice;
B. within (45) days from notice;
C. within (60) days from notice;
D. within (30) days from notice;
ANSWER (D) RULE 109, SEC.1
MQC RULE 122-127
1. The significance of promulgation of judgment lies in the fact that the right to
_________ accrues only upon proper promulgation of judgment:
A.
B.
C.
D.
Writ Of Preliminary Citation

Peremptory Writ
Appeal
Judgment
ANSWER (C) RULE 120, SEC.6

2. Appeals where the RTC imposes death penalty:
A. by filing a notice of appeal with the court which rendered the judgment or final
order appealed from;
B. by filing a petition for review on certiorari under 45 w/ SC;
C. by filing a notice of appeal with the court that rendered the judgment or final
order appealed from;
D. no notice of appeals is necessary ca automatically review the judgment.
ANSWER (D) RULE 122, SEC.3 (C)
3. Appeals from CA to SC shall be:
A. Filing A Notice Of Appeal With The Court That Rendered Judgment Or Final
Order Appealed From;
B. By Filing A Petition For Review Under Rule 42;
C. By Filing Petition For Review On Certiorari Under Rule 45 /SC;
D. By Filing A Notice Of Appeal W/ CA;
ANSWER (C) RULE 125, SEC.2, IN REL. TO RULE 45, SEC.1
4. In all criminal cases appealed to the CA, the:
A. party appealing shall be called petitioner and respondent;
B. party appealing shall be called appellant and the adverse party the appellee;
C. party appealing shall be called plaintiff and defendant as adverse party;
D. parties are called complainant and respondent;
ANSWER (B) RULE 124, SEC.1
5. At anytime after the appeal from the lower court has been perfected and before
judgment of the ca convicting the accused becomes final, the latter may:
A. move for new trial on the ground of newly discovered evidence ;
B. move for reconsideration on the ground of fame;
C. file petition for review on certiorari under rule 45 to SC;

D. file petition for writ of habeas corpus;
ANSWER (A) RULE 124,SEC.14
6. Within (15) days from notice of the decision or the final order of the CA:
A. A Petition For Review Under Rule 45 To SC May Be Filed;
B. A Petition For The Issuance Of The Writ Of Habeas Corpus maybe Filed;
C. A Motion For New Trial be Filed;
D. A Motion For Reconsideration shall be filed.
ANSWER (D) RULE 124, SEC.16
7. Is an order issued in the name of the People of the Philippines, signed by the
judge and directed to a peace officer, commanding him to search for personal
property described therein and bring it before the court:
A.
B.
C.
D.
Warrant Of Arrest
Peremptory Writ
Search Warrant
Mittimus
ANSWER (C) RULE 126, SEC.1

8. Facts and circumstances which could lead a reasonably discreet and prudent
man to believe that an offence has been committed and that objects sought to
be searched:
A.
B.
C.
D.
Probable Cause
Jurisdiction
Criminal Offense
Jural Acts
ANSWER (A) SEC.4, RULE 126

9. A remedy available to accused when illegally obtained or secured or which is
issued in violation of the constitution or the rules:
A.
B.
C.
D.
Petition For The Issuance Of Writ Of Habeas Data;

Attachment
Motion For New Trial
Motion To Quash Search Warrant
ANSWER (D) (RULE 126, SEC. 14)
10. A remedy when the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted to use of the accused etc.
A.
B.
C.
D.
Preliminary Injunction
Receivership
Delivery Of Personal Property
Attachment
ANSWER (D) (RULE 127, SEC 2)

RULE 133-134
A. WRIT OF AMPARO
B. WRIT OF HABEAS DATA
C. CLERICAL ERROR ACT
D. PAPER RULE
The means sanctioned by the rules, of ascertaining in a judicial proceeding, the
truth respecting a matter of fact:
A. GUILT OF THE ACCUSED
B. INNOCENCE OF THE ACCUSED
C. PROOF
D. EVIDENCE
1. The party having the burden of proof must establish his case by a preponderance
of evidence in:
A. Administrative Case
B. Appeal
C. Civil Case
D. Agrarian Case
ANSWER (C) (RULE 133, SEC 1)
2. Proof that does not mean such degree of proof, as excluding possibility of error,
procedures absolute certainly:
A.
B.
C.
D.
Offer Of Proof
Factum Probandum
Objection
ANSWER (C) (RULE 137, SEC 2)
3. Rules that states that all pleadings, motions and similar papers intended for the
court and quasi-judicial bodys consideration and action shall be written inter alia
, single space with a one-a-half space between paragraphs:
A.
B.
C.
D.
Katarungan Pambarangay
Judicial Affidavit Rule
Efficient Use Of Paper Rule
Rule Of Summary Procedures
ANSWER (C) (SEC. 4, AM NO. 11-9-4-SC)

4. Under the efficient use of paper rule, the required number of copies to be filed in
the supreme court:
A. one original (properly marked) and (4) copies
B. one original (properly marked) and two (2) copies with their answers
C. one original (properly marked) with stated annexes attached to it
D. all of the above
ANSWERS: (A) (AM. NO. 11-9-4-SC)
5. In criminal actions judicial affidavit rule apply:
A. where maximum of the imposable penalty does not exceed (6) yrs:
B. where the accused agrees to the use of judicial affidavits, irrespective of
penalty involved;
C. both respect to the civil aspect of the actions, whatever the penalties
involved;
D. all of the above
ANSWER (D) (SEC. 9 AM-NO. 12-8-8-SC)
6. Involves the right to life, liberty and security of the aggrieved party and cover the
extra legal killings and enforced disappearances:
A.
B.
C.
D.
Habeas Corpus
Habeas Data
Writ of Amparo
Writ of Kalikasan
ANSWER: (C) (AM N0. 7-9-12-SC, SEC 1)

7. The court, justice or judge, upon motion or motu proprio, may refer the
witnesses to the DOJ for admission to the witness protection program:
A.
B.
C.
D.
Habeas Corpus
Habeas Data
Witness Protection Order
Temporary Protection Order
ANSWER: (C) SEC. 14, AM NO, 07-9-12-SC)

8. Writ designed to safeguard individual from freedom from abuse in the
information age by means of an individual complaint presented in a
constitutional court:
A.
B.
C.
D.
Writ of Habeas Corpus

Writ of Kalikasan
Writ of Habeas Data
Writ of Amparo
ANSWER: (C) (AM NO. 08-1-16-SC)

9. Quantum of proof necessary in application for issuance of writ of habeas data:
A.
B.
C.
D.
Preponderance Of Evidence
Administrative Procedure
ANSWER (C) (SEC. 16 A.M. NO. 08-1-16-SC)

10. Verified petition for writ of habeas data should contain inter alia:
A. lawful defenses to show the respondent did not violate or threaten with
violation the right to life, liberty and security of the aggrieved party;
B. personal circumstances of petitioner and respondent;
C. natural operative facts constituting deprivation of custody;
D. the manner the right of privacy is violated or threatened and how it affects
the right to life, liberty or security of the aggrieved party;
ANSWER: (B, D) (SEC. 6, AM NO. -08-1-16-SC)
SPECIAL PROCEEDING RULES 72-85
1) Which of the following is not a subject matter of special proceedings:
a. Hospitalization of sane persons
b. Habeas Corpus
c. Dissolution of corporation
d. Adoption
Answer: Letter A
2) Which of the following statement is correct:
a. A petition for liquidation of an insolvent corporation is classified as
a special proceeding.
b. A petition for liquidation of an insolvent corporation is not filed as
an ordinary action.
c. Both statements are correct.
d. All statements are incorrect.
Answer: Letter A
3) Which of the following is not a mode of of settlement of estate of
deceased persons:
a)
b)
c)
d)
Answer: Letter D
Probate of will
Partition
Summary settlement of estate
Enforcement of contractual obligation of deceased in the estate
proceeding

a) Venue is not exclusively laid in the RTC of the province where
decedent resides at the time of his death.
b) For a non-resident decent of the Philippines, venue lies in the
MTC of any province in which he had estate.
c) For a decedent who was a resident of the Philippines at the time
of his death, venue is laid in the RTC of the province where he
resides at the time of his death.
d) All statements are correct.
Answer: Letter C
5) A probate court cannot determine:

a)
b)
c)
d)
Validity of waiver of hereditary rights

Status of a woman who claims to be the lawful wife of decedent
Incidental or collateral matters
None of the above.
Answer: Letter D
6) Ways of effecting extrajudicial partition:
a)
b)
c)
d)
Answer: Letter A
Public instrument and affidavit of adjudication

Only through partition
Only through affidavit of adjudication
None of the above since partition may be done only through
judicially
7) In summary settlement of estate of small value, it is necessary:

a)
b)
c)
d)
Notice shall be served to heirs only

Application must contain allegation of gross value of estate
Bond is not required
All of the above are necessary.
Answer: Letter B
8) Matters which the probate court is empowered to determine:
a) Whether the will was executed in accordance with the law of
the devisee
b) Whether or not the instrument offered is the last will and
testament of the decedent
c) Both a and b
d) None of the above
Answer: Letter B
9) Who may not administer the estate:
a) Executor
b) Special administrator
c) Administrator with a will annexed
d) Executor of any executor
Answer: Letter D
10) Not a restriction on the power of an administrator or executor:
a) Cannot acquire by purchase even at public or judicial auction
the property under administration
b) Can continue business of the deceased
c) Court may authorize the continuance of the business of the

deceased
d) By authority of the court, may borrow from the estate.
Answer: Letter B
CRIMINAL PROCEDURE RULES 110-115

1) A complaint:
a) Is an accusation in writing
b) Is subscribed by the prosecutor and filed with the court
c) 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
d) Both a and c.
Answer: Letter C
2) Persons authorized to file an information:
a) Provincial / city prosecutor only
b) Chief state prosecutor only
c) Both a and b
d) A only.
Answer: Letter C
3) An information is:
a) An accusation in writing
b) Charging a person with an offense
c) Subscribed by the prosecutor and filed with the court
d) All of the above.
Answer: Letter D
4) Crimes which cannot be prosecuted de oficio:
a) Concubinage and adultery
b) Seduction, abduction and acts of lasciviousness
c) A, B and defamation
d) A and B only.
Answer: Letter C
5) A complaint or information is insufficient when:
a) The accused is named

b) There is the designation of the offense given by the statute
c) It approximates the date of the commission of the offense
d) It leaves unstated the place where the offense was committed
Answer: Letter D
6) Venue in criminal cases is:
a) Jurisdictional.
b) Cannot be the subject of agreement.
c) A and B.
d) B only.
Answer: Letter C
7) In the institution of criminal and civil actions, a party is not authorized
to make a reservation in instances of:
a) BP 22 cases.
b) Cases cognizable by the Sandiganbayan.
c) A, B and tax cases.
d) Only A.
Answer: Letter C
8) Which of the statement is correct:
a)
b)
c)
d)
Preliminary
Preliminary
Preliminary
Preliminary
statutory.
investigation
investigation
investigation
investigation
is
is
is
is
a constitutional right.
part of due process clause
not a personal right
not part of due process and is purely
Answer: Letter D
9) Mode of arrest:
a)
b)
c)
d)
By virtue of a warrant
Arrest without a warrant
A only.
A and B but under exceptional circumstances as may be
provided by statute.
Answer: Letter D
10) Bail is a matter of right:
a) Before or after conviction by the MeTC, MTC, MTCC and before

conviction by RTC
b) After conviction by MTC and RTC
c) Before conviction by the MTC, MeTC, MTCC and before
conviction by the RTC
d) Before dismissal by RTC
Answer: Letter A
EVIDENCE/ JUDICIAL AFFIDAVIT/ENVIRONMENTAL
1) Evidence is admissible if:
a) Relevant to the person and not excluded
b) Relevant to the issue and is not excluded by law or by any rules
of evidence
c) Relevant and is excluded by law or by any rules of evidence
d) None of the above.
Answer: Letter C
a) Evidence must have such a relation to the fact in issue as to
induce belief in its existence or non-existence
b) Evidence on collateral matters shall be allowed
c) A and B
d) All are incorrect.
Answer: Letter A
3) Rule 129 of the rules of Court states that:
a)
b)
c)
d)
Judicial notice is always and is mandatory only

Judicial notice is never discretionary
A and B
Judicial notice may be mandatory and discretionary as
circumstances may provide.
Answer: Letter D
4) Object evidences are those addressed to the senses of the:
a) Accused
b) Complainant
c) Court
d) All of the above

Answer: Letter C
5) When the subject if inquiry is the contents of a document:
a) All evidences available shall be admissible
b) Only the original document itself is admissible except in some
instances
c) A duplicate copy is immediately admissible
d) The case is dismissed if original document is not presented.
Answer: Letter B
6) Secondary evidence is presented when:
a) The original document
b) The original document
c) The original document
produced in court
d) The original document
Answer: Letter C
is sealed
is with the plaintiffs lawyer
was lost or destroyed or cannot be
has a duplicate copy.
7) The following persons cannot be a witness:

a) Blind person in a case he filed for physical injuries
b) Those whose mental condition at the time of their production
for examination are incapable of intelligently making their own
perceptions to others
c) One eyed lady
d) All of the above
Answer: Letter B
8) Parental and filial privilege under Rule 130, Rules of Court states that
No person may be compelled to testify against his:
a) Parents, other direct ascendants, children, or other
descendants.
b) Parents, other direct ascendants, children, collateral relatives.
c) Parents and children only.
d) All of the above.
Answer: Letter A
9) A dying declaration is made:
a) Under a will
b) By a person who is about to be shot by the authorities
c) By a person who is about to commit suicide

d) Under the consciousness of an impending death.
Answer: Letter D
10) Writ of Kalikasan shall be filed with the:
a)
b)
c)
d)
RTC where petitioner resides

RTC where accused resides
Supreme Court only
Supreme Court or with any of the stations of the Court of
Appeals.
Answer: Letter D
VILLAS, CRISELYN E.
Prof. Atty. Christian kit Villasis
January 9, 2016
MCQ
Rule 99-109
Rule 122-127
Rule 133-134
1) Writ of Amparo
2) Habeas of Data
3) Clerical Error Act
4) Paper Rule
RULE 99-109
11. The period of appeal in case of Writ of Habeas Corpus is:
E. Within twenty four (24) hours from notice of judgment and or Final
appealed from;
F. Within forty eight (48) hours from notice of judgment and or Final
appealed from;
G. Within twenty (20) hours from notice of judgment and or Final
appealed from;
H. Within seventy two (72) hours from notice of judgment and or Final
appealed from.
ANSWER: B (Rule 102 Habeas Corpus)
12. What is the Quantum of proof in Writ of Habeas Corpus:
E. Substantial evidence;
F. Preponderance of Evidence;
G. Proof Beyond Reasonable Doubt;
Order
Order
Order
Order
H. Clear and Convincing Evidence

ANSWER: (D)
13. Where to file petition for Change of Name?
E. RTC of the city or province where the corresponding civil registry is located;
F. RTC of the province where the petitioner has been residing for three (3) years
prior to the filing of the petition;
G. Local Civil Registry or clerk of the Sharia Court where record sought to be
corrected or changed is kept;
H. None of the above.
ANSWER (B) Sec. 2 (a) Rule 103
14. The judicial declaration of absence shall not take effect until
E.
F.
G.
H.
Six (6) months after its publication in a newspaper of general circulation;

One (1) year after its publication in a newspaper of general circulation ;
Fifteen (15) days after its publication in a newspaper of general circulation;
Sixty (60) days after its publication in a newspaper of general circulation.
ANSWER (A)
15. Which of the following is not a ground for rescission of Adoption:
E. Attempt on the life of the Adoptee;
F. Grave Misconduct;
G. Sexual Assault or Violence;
H. Repeated physical Violence and Verbal Maltreatment.
ANSWER (B)
16. The period within which to file a verified petition for rescission of Adoption.
E. Within ten (10) years from reaching the age of majority or after recovery
from incompetency.
F. Within five (5) years from reaching the age of majority or after recovery from
incompetency.
G. Within three (3) years from reaching the age of majority or after recovery
from incompetency.
H. Within One (1) year from reaching the age of majority or after recovery from
incompetency.
ANSWER (B)
17. The petition for Domestic Adoption shall be filed with the:
E. Where the adoptee resides;
F. Family Court of the province or city where the prospective adoptive parents
reside;
G. Where the Family Court is located;
H. Prospective adoptee has real property.
ANSWER (B)
18. Where to file (venue) petition for custody of minors and writ of habeas corpus in
relation thereto?
E. Within the Family Court of the province or city where the petitioner resides
or the minor may be found;
F. Within the Family Court of the province or city where the petitioner resides;
G. Within the Family Court of the province or city where the minor may be
found;
H. With the Family Court, Court of Appeals or the Supreme Court.
ANSWER (A)
19. The writ of habeas corpus may be granted by the following courts, except:
E.
F.
G.
H.
The Supreme Court or any member thereof.

The Supreme Court but not any member thereof.
Sandiganbayan in aid of its appellate jurisdiction.
Court of Appeals or any member thereof in instances authorized by law.
ANSWER (B) Sec. 2 Rule 102

20. The following are entries subject to cancellation or correction under Rule 108 of
the Rules of Court, except:
E. Birth
F. Mariage
G. Death
H. Rescission of Adoption
ANSWER (D)
MQC RULE 122-127
11. When is bail a matter of Discretion?
E. Before conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment;
F. After conviction by the RTC of an offense not punishable by death, reclusion

perpetua or life imprisonment;
G. Before or after conviction by the RTC;
H. After conviction by the RTC of an offense punishable by death, reclusion
perpetua or life imprisonment.
ANSWER (B) Sec. 5 Rule 114 Rules of Court
12. The crime of robbery was committed in the City of Manila but the criminal action
was instituted in the province of Malolos, Bulacan, the error is:
E.
F.
G.
H.
One of venue and the case may be dismissed for improper venue;
One of jurisdiction because in criminal case venue is jurisdictional;
The defect is waivable;
Motion to Quash will not lie because it is merely procedural.
ANSWER (B)
13. Which of the following is not a ground for a Motion to Quash:
E.
F.
G.
H.
That the court trying the case has no jurisdiction over the offense charged;
That it does not conform substantially to the prescribed form;
That the accused was denied preliminary investigation;
That the officer who filed the information had no authority to do so.
ANSWER (C) Sec. 3 Rule 117 Rules of Court

14. Upon motion by the proper party, the arraignment shall be suspended, except:
E.
F.
G.
H.
Insanity of the accused;

There is pre-judicial question;
There is Motion for Reconsideration to the resolution of the prosecutor;
There is Petition for Review of the resolution of the prosecutor pending at
the DOJ or Office of the President;
ANSWER (C)
15. When the accused is acquitted, what is the remedy of the prosecution:
E. Appeal;
F. Certiorari under Rule 65 of the Rules of Court on the ground of grave abuse
of discretion amounting to lack or excess of jurisdiction;
G. Mandamus under Rule 65 of the Rules of Court;
H. Petition for Review under Rule 42;
ANSWER (B)
16. The validity of Search Warrant last for:
E. five (5) days from its date, thereafter it shall be void;
F. ten (10) days from its date, thereafter it shall be void ;
G. Fifteen (15) days from its date, thereafter it shall be void;
H. Twenty (20) days from its date, thereafter it shall be void.
ANSWER (B) Sec. 10 Rule 126 of the Rules of Court
17. Who determines probable cause in the issuance of search warrant?
E.
F.
G.
H.
Public Prosecutor;
Judge;
Other Officers as may be authorized by law;
National and Regional State Prosecutor.
ANSWER (B)
18. What is the quantum of evidence in a bail hearing:
E.
F.
G.
H.
ANSWER (C)
19. ____________ is the detection and prosecutions of crimes are left to the
initiative of officials and agents of the law.
E.
F.
G.
H.
Accusatorial System
Inquisitorial System
Mixed Sytem
Warrant of Arrest
ANSWER (B)
20. A Complaint or Information must charged only one offense, except:
E.
F.
G.
H.
I.
Complex Crime
Special Complex Crime
Delito Continuado
None of the above
All of the above
ANSWER (E)
RULE 133-134
E. Writ Of Amparo
F. Writ Of Habeas Data
G. Clerical Error Act
H. Paper Rule
11. Digong a police Officer apprehended two robbery suspects whom he convinced
during the investigation to go with him to the scene of the crime and show to
him the re-enactment on how the two suspects committed the crime. Is the
reenactment admissible in evidence?
E. Yes, since the re-enactment was voluntary.
F. No, since this amount to waiver of right to silence without the advice of their
counsel.
G. Yes, since the re-enactment was not accompanied by any Sinumpaang
Salaysay.
H. No, since the re-enactment is irrelevant evidence.
ANSWER (B)
12. To prove that Maine shoots her husband using agun, Juan testified that he heard
Alden running and shouting excitedly, Binaril daw ni Maine ang asawa nya!
Aldens declaration is:
E.
F.
G.
H.
Admissible as part of res gestae

Inadmissible as hearsay
Admissible as the same was relevant evidence
Inadmissible as a mere opinion on his part
ANSWER (B)
13. In Filing a petition for writ of habeas data, the payment of docket fees is:
E.
F.
G.
H.
Exempted from payment of docket and other lawful fees.

Not exempted from payment of docket and other lawful fees.
Only indigent petitioner is not required to pay docket and other lawful .fees.
Indigents are also required to pay docket and other lawful fees.
ANSWER (C) Sec. 5 Writ of Habeas Data
14. Juan and Sisa named their son Crispin Estrella. But a confused clerk at the St.
Lukes hospital registered his name Crispina Estrella and his gender as Female.
The City Civil Registrar has the authority to?
E.
F.
G.
H.
Indorse the case to Court

Correct his name but not his gender
Correct his gender but not his name
Correct his name and gender
ANSWERS: (D) R.A. 9048 as amended by R.A. 10172

15. The period of appeal in case of writ of Amparo shall be?
E.
F.
G.
H.
Ten (10) working days from the date of notice of the adverse judgment.
Five (5) working days from the date of notice of the adverse judgment.
Fifteen (15) working days from the date of notice of the adverse judgment.
Three (3) working days from the date of notice of the adverse judgment.
ANSWER (B) Sec. 19, Writ of Amparo

16. The date and time of summary hearing of the Writ of Amparo shall be conducted
not later than:
E.
F.
G.
H.
Ten (10) days from the date of the issuance of the writ.
Seven (7) days from the date of the issuance of the writ.
Five (5) days from the date of the issuance of the writ.
Fifteen (15) days from the date of the issuance of the writ.
ANSWER: (B) Sec. 6, Writ of Amparo

17. Under the Efficient Use of paper Rule, the margin and prints shall be:
E. Left-hand margin 1.0 inch; Upper margin 1.2 inch; Right-hand mrgin 1.0 inch;
Lower Margin 1.0 inch
F. Left-hand margin 1.5 inch; Upper margin 1.0 inch; Right-hand mrgin 1.0 inch;
Lower Margin 1.0
G. Left-hand margin 1.5 inch; Upper margin 1.2 inch; Right-hand mrgin 1.0 inch;
Lower Margin 1.0 inch.
H. Left-hand margin 1.5 inch; Upper margin 1.2 inch; Right-hand mrgin 1.5 inch;
Lower Margin 1.0
ANSWER: (C) Sec. 4 AM No. 11-9-4-SC, Nov. 13, 2012.
18. The date and time of summary hearing of the Writ of Habeas Data shall be
conducted not later than?
E.
F.
G.
H.
Fifteen (15) working days from the date of the issuance of the writ.
Seven (7) working days from the date of the issuance of the writ.
Five (5) working days from the date of the issuance of the writ.
Ten (10) working days from the date of the issuance of the writ.
ANSWER: (D) Sec. 7 of AM No. 08-1-16-SC

19. Which of the following cannot be corrected under RA 9048 as amended by RA
10172):
E.
F.
G.
H.
I.
Nationality
Age
Status
All of the above
None of the above
ANSWER (D)
20. __________ evidence which has a relation to the fact in issue as to induce belief
in its existence or non-existence; evidence which tends in any reasonable degree
to establish the probability or improbability of the fact in issue.
E.
F.
G.
H.
Material Evidence;
Competent Evidence;
Relevant Evidence
Circumstantial Evidence
ANSWER: (C)
TEJUCO, FELICE MAY, A
REMEDIAL LAW
SPECIAL PROCEEDINGS
1) ____________ is issued when a government officer has the person in his custody,
the illegality of which is not patent, to show cause why the writ of habeas corpus
should not issue
a) Peremptory Writ
b) Preliminary Citation
c) Writ of Amparo

2) In habeas corpus, when should a return be filed?
a) Within a non-extendible period of ten (10) days after the service of the writ
b) Within five (5) working days after service of the writ
c) On the day specified in the writ
d) Within five (5) working days from service of the writ, which period may be
reasonably extended by the court for justifiable reasons
3) Who must be notified under Rule 103 (Change of Name)?
a) The Civil Registrar impleaded as respondent, the Solicitor General and the
interested parties
b) Interested parties
c) Solicitor General
d) The Solicitor General and interested parties
4) The declaration of absence takes effect ____ after publication of the judgment on
declaration of absence in a newspaper of general circulation and in the Official
Gazette
a) Six (6) months
b) One (1) year
c) Eighteen (18) months
5) Which is not covered by Republic Act 9048 (as amended by Republic Act 10172)
or the Administrative Correction of Clerical or Typographical Error in an Entry
and/or Change of First Name or Nickname in the Civil Registrar
a) Change of sex of a person
b) Change of the year in the date of birth
c) Change of clerical or typographical errors
d) Change of first name or nickname
6) In cancellation or correction of entries in the Civil Registry, the Civil Registar and
any person having or claiming any interest under the entry whose cancellation or
correction is sought may, within __________ from notice of the petition, or from
the last date of publication of such notice, file his petition
a) Thirty (30) days
b) Six (6) months
c) Fifteen (15) days
d) Twelve (12) months
7) Which of the following is appealable?
a) An Order directing the administrator to take action to recover the amount due to
the estate
b) An Order made in administration proceedings relating to inclusion or exclusion of
items or property in the inventory or executor or administrator
c) An Order appointing a Special Administrator
8) Which of the following is not among the persons allowed to file a petition for
declaration of absence?
a) Spouse present
b) Relatives who will succeed by testacy
c) Heirs instituted in the will
d) Those who have over the property of the absentee some right subordinated to
the condition of his death
9) Who may file a petition for guardianship of incompetents?
a) Anyone interested in the estate of non-resident incompetent
b) Secretary of Department of Health in favor of an insane person who should be
hospitalized
c) Any relative, friend or other person on behalf of an incompetent who has no
parent or lawful guardian
d) All of the above

10) Which is not a ground to file a petition under Republic Act 9048 or the Clerical
Error Act?
a) Consequence of change of status
b) The change will avoid confusion
c) Petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce
d) The new first name or nickname has been habitually or continuously used by
petitioner and he has been publicly known by that first name or nickname in
the community
CRIMINAL PROCEDURE
1) How is appeal taken from a decision of the Court of Appeals where it imposes
reclusion perpetua, life imprisonment or a lesser penalty
a) Petition for Review on Certiorari under Rule 45
b) Automatic Review
c) By filing a Notice of Appeal
d) via Petition for Review under Rule 42
2) Which of the following is not an effect of an appeal made by any of the several
accused?
a) It shall not affect those who did not appeal, except insofar as the judgment of
the appellate court is favorable and applicable to the latter
b) The appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appealed from
c) Upon perfection of the appeal, the execution o judgment or final order
appealed from shall not be stayed as to the appealing party
d) Upon perfection of the appeal, the executor of judgment or final order
appealed from shall be stayed as to the appealing party
3) In the issuance of ________, the Judge must personally conduct an examination
of the complainant and the witnesses
a) Search Warrant
b) General Warrant
c) Warrant of Arrest
d) Scatter-shot Search Warrant
4) Which is not a requisite of personal examination by the Judge?
a) It is routinary or pro-forma
b) The examination must be under oath
c) It is done ex parte and may even be held in the secrecy of chambers
d) The Judge must examine the witnesses personally
5) The following are requisites of the Plainview doctrine, except:
a) The evidence was discovered inadvertently
b) There must have been a legal presence in the place where the search is made
c) The evidence is not apparently illegal and there is still a need for further
search to obtain the evidence
d) The discovery was by an officer with a right to be where he is
6) Which of the following is not a remedy against an unlawful search?
a) Certiorari
b) Replevin
c) Motion to Quash the Search Warrant
d) Appeal
7) The general rule is that the prosecution may not appeal a judgment of acquittal.
Which of the following is an exception to the general rule?
a) If the question is purely legal
b) If the dismissal is made with the implied consent of the accused
c) If the dismissal is not an acquittal or based upon consideration or the
evidence on merits
d) All of the above

8) Statement #1: The appellee may waive his right to a Notice of Appeal
Statement #2: However, the Appellate Court may, in its discretion, entertain an
appeal notwithstanding the failure to give such notice if the interest of justice so
require
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
9) Which of the following statements is true? A Scatter-shot Search Warrant is
a) A warrant for one particular offense
b) Invalid
c) One the enforcement of which enjoys the presumption of regularity
d) Consistent with the Constitution
10) Which statement is false?
a) A search warrant is in the nature of a criminal process
b) A search warrant is related to civil process or trials and is available to
individuals in the course of civil proceedings
c) A search warrant may be invoked only in furtherance of public prosecution
d) All of the above
EVIDENCE
1) ______ is the quantum of evidence necessary to overcome a prima facie case or a
disputable presumption
a) Substantial evidence
b) Clear and convincing evidence
c) Preponderance of evidence
d) Proof beyond reasonable evidence
2) The following are the elements of corpus delicti, except:

a) Proof of the occurrence of a certain event
b) The identity of the accused
c) A persons criminal responsibility for the act
d) All of the above
3) The office of the remedy of a Writ of Habeas Data is to
a) Order the disclosure or destruction of date relating to the right to life, liberty
or property of a person
b) To direct the public officer involved to produce the body of the person being
detained and to show the cause of detention
c) Order the protection of the right to liberty of and rightful custody of the
aggrieved party
d) Order the disclosure or destruction of data relating to the right to life, liberty
or security of a person
4) Which of the following requires publication?
a) Writ of Amparo
b) Writ of Habeas Data
c) Writ of Kalikasan
5) Does the application of the doctrine of res ipsa loquitor dispense with the
requirement of proof of negligence?
a) No, it is merely in the nature of procedural rule
b) Yes, because it is not merely evidentiary
c) Yes, it does not merely create a presumption of negligence
d) No, proof of negligence is mandated at all times
6) The following renders circumstantial evidence sufficient, except:
a) There is more than one circumstance
b) The facts from which the inference are derived are persuasive
c) The combination of all the circumstances is such as to prove a conviction
beyond reasonable doubt
d) The facts from which the inference are derived are proved
7) An extrajudicial confession made by the accused shall not be sufficient ground for
conviction, unless
a) There is moral certainty
b) Corroborated by evidence of corpus delict
c) a and b
8) The following are matters that the court may consider in determining whether or
not there is preponderance of evidence, except
a) The taking of evidence quantitatively
b) The witnesses interest or want of interest and their personal credibility
c) All the facts and circumstances of the case
d) The witnesses manner of testifying, their intelligence, their means and
opportunity of knowing the facts to which they are testifying
9) _______________ is a form of out of court identification where the suspect alone
is brought face to face with the witnesses for identification
a) Mug shots
b) Line ups
c) Show ups
10) When the defense of alibi is used it must be
a) Established by positive, clear and satisfying evidence
b) Established by mere demand
c) Established by absolute certainty
ROSELYN V. JACOB
MULTIPLE CHOICE QUESTIONS IN REMEDIAL LAW
A. SPECIAL PROCEEDINGS
1. The venue of a petition for the escheat of the estate of a decedent who was a
resident of the Philippines is:
A. his residence at the time of his death.
B. the place of his death.
C. any of the places where his properties are located.
D. any of the places where he resides.
E. the place where he last resided.
ANSWER: (E), Section 1, Rule 91, Rules of Court
2. The venue of a Petition for Guardianship of a minor or incompetent who
resides in the Philippines is:
A. his residence.
B. the residence of the guardian.
C. the place where any of his properties is located.
D. anywhere in the Philippines.
ANSWER. (A), Section 1, Rule 92, Rules of Court
3.
Who cannot petition for guardianship?

A. Any relative or friend.
B. Other persons in behalf of the minor.
C. The minor who is less than 14 years of age.
D. The Secretary of the DSWD or of the DOH in case of an insane minor
who needs to be hospitalized.
ANSWER. (C), Section 1, Rule 93, Rules of Court. Must be 14 years of age or
over.
4.
A trustee may be removed on the following grounds except:

A. Removal appears essential in the interest of the petitioner.
B. Insanity.
C. Incapability of discharging the trust.
D. Failure to render an account for 30 days after it is due.
ANSWER. (D), Section 8, Rule 98, Rules of Court. Not included in the
enumeration.
5.
Whenever the estate of a resident of the Philippines is escheated, his personal

estate is assigned :
A. To the municipality where he last resided.
B. To any municipality at the discretion of the court.

C. To the municipality where it is located.
ANSWER. (A), Section 3, Rule 91, Rules of Court
6. A person entitled to the estate of a deceased person escheated in favor of the

State has:
A. 2 years from date of judgment to file a claim.
B. 5 years from date of registration of the judgment to file a claim.
C. 5 years from date of judgment to file a claim.
D. 3 years from date of registration of the judgment to file a claim.
ANSWER: (C), Section 4, Rule 91, Rules of Court
7.
The following are money claims mentioned in Section 5, Rule 86, Rules of
Court, except:
A. All claims for funeral expenses.
B. All claims for money against the decedent, arising from contract, express
or implied, whether the same be due, not due or contingent.
C. Expenses for the last sickness of the decedent.
D. Those arising from crime or quasi-delict.
E. Judgments for money against decedent.
ANSWER: (D); Section 5, Rule 86, Rules of Court. Not included in the
enumeration.
8. Based on the order of preference, in default of the parents or a court-appointed
guardian, who among these may be appointed as guardians?
A. The surviving grandparent and in case several grandparents survive, the
court shall select any of them taking into account all relevant considerations.
B. The oldest brother or sister of the minor, is over 21 years of age, unless
unfit or disqualified.
C. The actual custodian of the minor, who is over 21 years of age, unless
unfit or disqualified; and
D. Any other person, who in the sound discretion of the court would serve the
best interest of the minor.
ANSWER: (A), Section 6, A.M. No. 03-02-05-SC, May 01, 2003 (Rule on
Guardianship of Minors)
9. Which one is not a ground for removal of a guardian?
A. Insanity.
B. Incapability or unsuitability to discharge functions.
C. Wastage of mismanagement of the property of the ward.
D. Failure to render an account or make a return within thirty (30) days after
it was done.
E. Absconding.
ANSWER: (E), Section 24, Rule on Guardianship of Minors (A.M. No. 03-0205-SC, May 1, 2003)
10. The general rule is that claims against the estate must be filed within the time
in the notice to the creditors. The period shall not be
____________________ after the date of first publication.
A. One (1) year;
B. Two (2) years;
C. More than 12 months nor less than 6 months;
D. Three (3) years.
ANSWER; (C), Section 2, Rule 86
B. CRIMINAL PROCEDURE
1. An accused may move for the suspension of his arraignment if:
A. There is no available public attorney.
B. A prejudicial question exists.
C.
motion for reconsideration is pending before the investigating prosecutor.
D. Accused is bonded and his bondsman failed to notify him of his scheduled
arraignment.
ANSWER. (B), Section 11, Rule 116, Rules of Court.
2. The provisional dismissal of offenses punishable by imprisonment not
exceeding six (6) years or a fine of any amount, or both shall become
permanent ________ after issuance of the order without the case having been
revived.
A. One (1) year
B. Two (2) years
C. Six (6) months
D. Three (3) years
ANSWER: (A), Section 8, Rule 117, Rules of Court.
3. Accused failed to appear at the promulgation of judgment without justifiable
cause. The judgment convicted the accused for slight physical injuries.
Judgment may therefore be promulgated in the following manner:
A. By the clerk of court in the presence of accused counsel.
B. By the clerk of court in the presence of a representative of accused.
C. By the reading of the judgment in the presence of the judge.
D. By entering the judgment into the criminal docket of the court.
ANSWER. (C), Section 6, Rule 120, Rules of Court.
4. After a plea of not guilty is entered the accused shall have ____ days to
prepare for trial.
A. Ten (10) days.

B. Thirty (30) days.
C. Fifteen (15) days.
ANSWER. (C), Section 1, Rule 119, Rules of Court.
5.
All of the following statements are true, except:

A. If the court denies demurrer to evidence filed with leave of court, the
accused may adduce evidence in his defense.
B. The motion for leave of court to file demurrer to evidence shall be an
extendible period of five (5) days.
C. The order denying the motion for leave of court to file demurrer to
evidence or the demurrer itself shall be reviewable by appeal or by
certiorari before judgment.
D. Both B and C.
6.
When is the accused allowed to file motion to quash?

A. At any time before arraignment.
B. Within 10 days after the accused has entered his plea.
C. At any time before the judgment become final.
D. After the accused has entered his plea.
ANSWER. (A), Section 1, Rule 117, Rules of Court.
7.
The court denied the demurrer to evidence which the accused filed with leave
of court. Hence, the accused:
A. Loses the right to present evidence.
B. Does not lose the right to present his evidence.
C. Can be compelled by the court to present his evidence.
D. Has the option whether to present or not his evidence.
8. What is the effect of the failure of an accused to file a motion to quash an

information that charges the offense?
A. He may be considered only of the more serious offense.
B. The trial shall be void.
C. He may be considered only of the lesser offense.
D. He may in general be convicted of both offense.
ANSWER. (D), Section 9, Rule 117, Rules of Court.
9. Which among the following is not a requisite before an accused may be
discharged to become a state witness?
A. There is absolute necessity for the testimony of the accused whose

discharge is requested.
B. There is no other direct evidence available for the proper prosecution of
the offense committed, except the testimony of said accused.
C. The testimony of said accused can be substantially corroborated in its
material points.
D. Said accused appear to be the most guilty.
E. Said accused has not at any time been convicted of any offense involving
moral turpitude.
ANSWER: (D), Section 17, Rule 119, Rules of Court.
10. When will a provisional dismissal become permanent with respect to the
offenses punishable by imprisonment of more than six (6) years?
A. One (1) year after the issuance without the case having been revived.
B. Two (2) years after the issuance without the case having been revived.
C. Fifteen (15) days after the issuance.
D. Thirty (30) days after notice to the accused.
ANSWER: (B), Section 8, Rule 117, Rules of Court.
C. EVIDENCE
The burden of proof
A. shifts one party to another.
B. never shifts one party to another.
C. is the same burden of evidence.
D. is ones theory of the case.
Answer: (D) ; Section 1, Rule 131, Rules of Court.
1.
2.
A leading question is allowed A. on cross-examination.

B. on preliminary matters.
C. when there is difficulty in getting direct and intelligible answers from a
witness who is ignorant , or a child of tender years, or is feeble minded,
or a deaf-mute.
D. of an unwilling or hostile witness.
E. all of the above.
ANSWER: (E); Section 10, Rule 132, Rules of Court.
3. A witness is allowed to refer to a memorandum to refresh his memoryA. respecting a matter of law.
B. respecting the opinion of an expert witness.
C. respecting a matter of fact recorded by his superior.
D. respecting a matter of fact he recorded a long time ago.
ANSWER: (D); Section 16, Rule 132, Rules of Court.
4.
Which of the following is NOT a public document?

A. The written official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers whether of the
Philippines, or of a foreign country.
B. Documents acknowledged before a notary public.
C. Public records, kept in the Philippines, of private documents required by
law to be entered therein.
D. Last wills and testaments.
ANSWER: (D); Section 19, Rule 132, Rules of Court.
An adverse partys witness may NOT be impeached by:
A. Evidence that in the community where he resides, his general reputation
for truth, honesty or integrity is bad.
B. A prior inconsistent statement.
C. Particular instances of immoral or wrongful acts, or improper or unlawful
conduct that the witness may have committed.
D. Evidence of prior conviction of an offense which may be proved by
eliciting an admission from the witness or by a record of his conviction.
ANSWER: (C); Section 11, Rule 132, Rules of Court.
5.
6. Under the Katarungang Pambarangay , the parties may go directly to court in

the following instances. This provision shall not apply to:
A. Where the accused is under detention.
B. Where a person has otherwise been deprived of personal liberty calling
for habeas corpus proceedings.
C. Where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and support pendent
lite.
D. Where the action may otherwise be barred by the statute of limitations.
E. Disputes where the parties are actually residing in the same municipality
or city.
ANSWER: (E); Section 412, The Local Government Code of the Philippines (
(R.A. 7160).
7.
Under the Katarungang Pambarangay, any party to the dispute may, within
_______ days from the date of settlement, repudiate the same by filing with
the lupon chairman a statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation. Such repudiation shall
be sufficient basis for the issuance of the certification for filing a complaint
as hereinabove provided.
A. Fifteen (15)
B. Twenty (20)
C. Ten (10)
D. Thirty (30)
ANSWER: (C), Section 418, The Local Government Code of the Philippines
(R.A. 7160).
8.
Under the Rules on Electronic Evidence, the following are disputable

presumptions in relation to electronic signature:
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 persons consent to the transaction embodied therein.
C. The methods or processes utilized to affix or verify the electronic
signature operated without error or fault.
D. ALL OF THE ABOVE.
ANSWER: (D), Section 3, Rule 6, Rules on Electronic Evidence (A.M. No. 01-701-SC).
9.
To whom does the Child Witness Rule apply?

A. Victims of crime.
B. Accused of a crime.
C. Witness to a crime.
ANSWER: (D), Section 1, Rule On Examination of A Child Witness.

10. A Petition For Continuing Mandamus shall be filed with:
A. The Regional Trial Court exercising jurisdiction over the territory where
the actionable neglect or omission occurred.
B. With the Court of Appeals.
C. With the Supreme Court.
ANSWER: (D), Section 2, Rule 8, Rules of Procedure for Environmental Cases.
BRC Thursday 6:30
Shiela DLS. Agustin

9:30
SPECIAL PROCEEDINGS
1. Which of the following is not correct:
a. Probate of a will is a proceeding in rem.

b. Probate proceeding can be dispensed with and substituted by another
proceeding.
c. Probate proceeding is imprescriptible
d. Probate proceeding is mandatory.
ANS: B. Probate proceeding cannot be dispensed with and substituted
by another proceeding. (Rule 75)
2. The will shall be disallowed in any of the following cases, except:
a. If not executed and attested as required by law.
b. If the testator was insane or otherwise mentally incapable to make a
will after its execution.
c. If it was executed under duress, or the influence of fear, or threats.
d. If it was procured by undue and improper pressure and influence, on
the part of the beneficiary or of some other person for his benefit.
ANS: B. If the testator was insane or otherwise mentally incapable to
make a will at the time of its execution. (Rule 76)
3. Where the estate of the deceased persons should be settled?
a. If the decedents is an inhabitant of the Philippines at the time of his
death, whether a citizen or an alien, his will shall be proved, or letters
of administration granted, and his estate settled, in the CFI in the
province in which he resides at the time of his death, and if he is an
inhabitant of a foreign country, the CFI of any province in which he had
estate.
b. If the decedent is an inhabitant of the Philippines after his death,
whether a citizen or an alien, his will shall be proved, or letters of
administration granted, and his estate settled in the RTC in the
province in which he resided at the at the time of his death, and if he is
an inhabitant of a foreign country, the RTC of any province in which he
had estate.
c. If the decedent is an inhabitant of the Philippines prior his death,
whether a citizen or an alien, his will shall be proved, or letters of
administration granted, and his estate settled in the CFI in the province
in which he resided at the at the time of his death, and if he is an
estate.
d. If the decedent is an inhabitant of the Philippines at the time of his
death, whether a citizen or an alien, his will shall be proved, or letters
of administration granted, and the value of his estate does not exceed
P 200,000.00 outside Metro Manila or P 400,000.00 within Metro
Manila, his estate shall be settled in the MTC/Metc/MCTC of any
province in which he had estate.
ANS: If the decedents is an inhabitant of the Philippines at the time of

his death, whether a citizen or an alien, his will shall be proved, or
letters of administration granted, and his estate settled, in the CFI in
the province in which he resides at the time of his death, and if he is an
estate. (Rule 73)
4. Which of the following is incorrect?
a. The probate court may determine issue of ownership.
b. The probate court may determine issue of ownership for the purpose of
including the subject property in inventory.
c. The probate court can determine issue of ownership provisionally.
d. The probate court cannot determine issue of ownership.
5. No will shall pass either real or personal estate unless:
a. It is proved and allowed in the proper court. (Sec. 1 of Rule 75)
b. It is proved and executed in the proper court.
c. It is presented and allowed in the proper court.
d. It is presented and executed in the proper court.
6. The person who has custody of a will shall within ____ days after he
knows of the death of the testator, deliver the will to the court having
jurisdiction, or to the executor named in the will.
a. 20 days (Sec. 2 of Rule 75)
b. 30 days
c. 10 days
d. 15 days
7. A person who neglects any of the duties as a custodian or as an
executor without excused satisfactory to the court shall be fined:
a. Not exceeding P 2,000.00 (Sec. 4, Rule 75)
b. Not exceeding P 6,000.00
c. Not exceeding P 4,000.00
d. Not exceeding P 10,000.00
8. The following are competent to serve as executors or administrators,
except:
a. Of legal age;
b. Filipino citizen; (Sec.1, Rule 78)
c. Resident of the Philippines
d. Is in the opinion of the court fit to execute the duties of the trust.
9. Every executor or administrator shall render an account of his
administration within ___ year from the time of receiving letters of
testamentary or of administration.
a. One year (Sec. 8, Rule 85)
b. Two years
c. Three Years
d. 6 months
10. The following are the powers and duties of special administrator,
except:
a. special administrator shall take possession and charge of the goods,
chattels, rights, credits, and estate of the deceased
b. Preserve the same for the executors or administrator afterwards
appointed, and for that purpose may commence and maintain suits as
administrator.
c. He may sell only such perishable and other property as the court
orders sold.
d. He may sell the goods and other property as the court ordered sold.
(Sec. 2, Rule 80)
Shiela DLS. Agustin

9:30
BRC Thursday 6:30
CRIMINAL PROCEDURE
1. Which is not true? The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted, except upon a complaint
filed by:
a. the offended party or her parents, grandparents, or guardians
b. the State if the offended party dies or becomes incapacitated before
filing the complaint and she has no known parents, grandparents, or
guardians
c. The Minor offended party who is capable and competent.
d. The Offended spouse. (Sec. 5, Rule 110)
2. A complaint or information is sufficient if it states the:
a. Designation of the offense given by the statute (Sec. 6, Rule 110)
b. Name of the witnesses
c. Precise date and time of the commission of the offense
d. Acts or omissions complained of as constituting the offense and the
qualifying and aggravating circumstances stated in the language used
in the statute.
3. When separate civil action is suspended?
a. If the criminal action is filed before the civil action has already been
instituted, the latter shall be suspended in whatever stage it may be
found before judgment on the merits.
b. If the criminal action is filed after the said civil action has already been
found before judgment on the merits.(Sec. 2, Rule 111)
c. If the criminal action is filed concurrently with the civil action, the latter
shall be suspended in whatever stage it may be found before judgment
on the merits.
d. If the criminal action is filed after the civil action has already been
found after judgment on the merits.
4. The following are the elements of prejudicial question, except:
a. Previously instituted criminal action involves an issue similar to the
issued raised the subsequent civil action and the resolution of such
issues determines whether or not the civil action may proceed.
b. Previously instituted criminal action involves an issue intimately related
to the issue raised in the subsequent civil action and the resolution of
such issue determines whether or not the civil action may proceed.
c. Previously instituted civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal action, and the
resolution of such issue determines whether or not the criminal action
may proceed. (Sec. 7, Rule 111)
d. Previously instituted civil action involves an issue similar or intimately
related to the issue raised in the preceding criminal action, and the
resolution of such issue determines whether or not the criminal action
may proceed.
5. Section 7 of Rule 112 provides that a preliminary investigation is
required to be conducted before the filing of a complaint or
information for an offense where the penalty prescribed by law is:
a. At least 4 years, 2 months and 1 day without regard to the fine (Sec.1,
Rule 112)
b. At least 4 years, 2 months and 1 day with regard to the fine
c. More than 4 years, 2 months and 1 day with regard to the fine
d. More than 4 years, 2 months and 1 day without regard to the fine
6. When may the RTC issue a warrant of arrest?
a. Within 10 days from the filing of the complaint of information (Sec. 6,
Rule 112)
b. Within 5 days from the filing of the complaint of information
c. Within 30 days from the filing of the complaint of information
d. Within 15 days from the filing of the complaint of information
7. When is warrant of arrest not necessary?
a. When a person is illegally arrested.
b. When the offense committed is penalized by imprisonment and fine.
c. When the accused is at large.
d. When the accused is under detention(Sec. 6 (c), Rule 112)

8. When making an arrest by virtue of a warrant, the officer shall inform
the person to be arrested of the cause of the arrest and of the fact
that a warrant has been issued for his arrest, except:
a. When he flees or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the
arrest. (Sec. 7. Rule 113)
b. Latter is either engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees or forcibly resists
before the officer has opportunity so to inform him, or when the giving
of such information will imperil the arrest.
c. Latter is either engaged in the commission of an offense, is pursued
immediately before its commission, has escaped, flees or forcibly
resists before the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest.
d. When he flees or forcibly resists after the officer has opportunity to so
inform him, or when the giving of such information will imperil the
arrest.
9. Bail is a matter of right when:
a. Upon conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment.
b. Before conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment. (Sec. 4, Rule 114)
c. Upon conviction by the Metropolitan Trial Court, Municipal Trial Court,
d. After conviction by the RTC of an offense not punishable by death
10. Bail is discretionary when:
a. Upon conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment. (Sec. 5, Rule 114)
b. Before conviction by the RTC of an offense not punishable by death,
c. Upon conviction by the Metropolitan Trial Court, Municipal Trial Court,
d. After conviction by the RTC of an offense not punishable by death
Shiela DLS. Agustin

9:30
BRC Thursday 6:30
EVIDENCE
1. Judicial notice is mandatory when the subject matter:
a. Involves the existence and territorial extent of states (Sec.1 Rule 129).
b. Are of public knowledge, or are capable of unquestionable
demonstration.
c. Known to judges because of their judicial functions.
d. The court, on its own initiative, announce its intention to take judicial
notice of the matter.
2. When the subject inquiry is the contents of a document, no evidence
shall be admissible other than the original document itself, except:
a. When the original is a public record in the custody of a public officer or
is recorded in a public office. (Sec. 3, Rule 130)
b. When the original cannot be produced in court due to the fault of the
offeror.
c. When the original document is in the custody of the offeror and the
latter failed to produce the said document
d. When an entry is repeated in the regular courts of business, one being
copied form another at or near the time of the transaction.
JUDICIAL AFFIDAVIT RULE
3. Judicial affidavit also applies to all criminal actions where:
a. The maximum of the imposable penalty does not exceed 6 years. (Sec.
9)
b. The maximum of the imposable penalty exceeds 6 years.
c. The maximum of the imposable penalty does not exceed 4 years
d. The maximum of the imposable penalty exceeds 4 years.
4. A party who fails to submit the required judicial affidavits and
exhibits on time shall:
a. Be deemed to have waived their submission. (Sec. 10)
b. Pay a fine of not less that P2,000 nor more than P6,000
c. Pay a fine of not less that P2,000 nor more than P5,000
d. Pay a fine of not less that P1,000 nor more than P6,000
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
5. The following are the prohibited pleadings or motions, except:
a. Motion for intervention (Sec. 1, Rule 2)
b. Motion to dismiss the complaint
c. Third party complaint
d. Reply and Rejoinder
6. The following may file a civil action involving the enforcement or

violation of any environmental law, except:
a. Government entities
b. Juridical entities authorized by law
c. Any citizen in representation of others, including minors or generations
yet unborn (Sec. 5- Filipino citizen only)
d. Any real party in interest.
SMALL CLAIMS
7. Small claims can be filed, except:
a. For money owed not exceeding P 100,000.00
b. For damages arising from fault, negligence, quasi-contract or contract
c. Enforcement of a barangay amicable settlement or arbitration involving
money claim
d. For issues involving family members
8. Who may not appear in small claims cases?
a. Individual party
b. Lawyer
c. Nearest of kin of the individual party
d. Juridical entity
RA 9048 CLERICAL ERROR
9. The following are the corrections that can be made by RA 9048,
except:
a. Clerical or typographical errors in the name.
b. Clerical or typographical error in sex.
c. Clerical or typographical error in age
d. Clerical or typographical errors in nationality and status of a person
10. The following are the supporting papers for change of first name,
except:
a. NBI Clearance
b. PNP Clearance
c. Clearance from the employer
d. Birth Certificate
BEEP
Cesena Jean R. Rey
R 99 (Adoption)
1. Who may be the subject of inter-country adoption?

a. Person below 18 years old who has been administratively or judicially
declared available for adoption;
b. A child whose biological or adoptive parent/s has died;
c. The legitimate child of one spouse by the other spouse;
d. A child below 15 years old;
e. A legally free child;
f. All of the above.
R 100 (Rescission or Revocation of Adoption)

2. When to file petition for rescission or revocation of adoption?
a. Within 5 years after the adoptee reaches the age of majority;
b. If adoptee is incompetent, within 5 years after recovery from such
incompetency;
c. Within 5 years from issuance of the decree of adoption;
d. a & b;
e. a or b;
R 101 (Proceedings for Hospitalization of Insane Persons)
3. Before what court should the Director (Secretary) of Health file the petition for
discharge of a person ordered to be committed to a hospital?
a. Regional Trial Court which ordered the commitment;
b. Regional Trial Court of the place of residence of the person ordered to
be committed;
c. Regional Trial Court of the place where said person was ordered
committed;
d. None of the above;
e. Either of the above.
R 102 (Habeas Corpus)
4. What does the writ of habeas corpus cover?
a. All cases of illegal detention or confinement by which a person is
deprived of his liberty;
b. The rightful custody of a person is withheld from the person entitled
thereto;
c. All cases of enforced disappearances and extralegal killings;
d. All of the above;
e. a & b.
R 103 (Change of Name)

5. When shall the court grant the petition?
a. After satisfactory proof has been presented in open court that the order
had been published as directed;
b. The allegations in the petition are true and proper;
c. Reasonable causes appear for changing the name of the petitioner;
R 107 (Absentees)
6. Who may file the petition?
a. Spouse present;
b. Heirs instituted in a will, who may present an authentic copy of the
same;
c. Relatives who will succeed by the law of intestacy;
d. Those who have over the property of the absentee some right
subordinated to the condition of his death;
e. All of the above;
f. Either of the above.
R 108 (Cancellation or Correction of Entries in the Civil Registry)
7. To whom notice of hearing be sent?
a. Persons named in the petition;
b. Other persons not named in the petition but nonetheless be considered
interested or affected parties;
c. Either of the above;
R 109 (Appeals in Special Proceedings)
8. When to file an Appeal?
a. Within 30 days from receipt of the decision or final order;
b. Within 15 days from receipt of the decision or final order;
c. Within 48 hours in case of habeas corpus;
d. a and c.
R 122 (Appeals)
9. The following are the recognized exceptions to the rule barring an appeal
from a judgment of acquittal of the accused, which is not?
a. When the prosecution is denied due process of law;
b. When the trial court commits grave abuse of discretion amounting to
lack or excess of jurisdiction in dismissing a criminal case by granting
the accused demurrer to evidence;
c. Failure of the appellant to pay the docket and other lawful fees as
provided in S5, R40 and S4, R41;
d. None of the above.
R 124 (Procedure in the Court of Appeals)
10. The clerk of court of the CA shall designate a counsel de oficio if it appears
from the record of the case as transmitted that:
a. The accused is confined in prison;
b. Is without counsel de parte on appeal;
c. Has signed the notice of appeal himself;
11. The CA has power to try cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve factual issues in cases:
a. Falling within its original jurisdiction;
b. Involving claims for damages arising from provisional remedies;
c. Where the court grants a new trial based only on the ground of newly
discovered evidence;
12. What is/are the scope of CAs judgment?
a. Reverse/affirm/modify the judgment;
b. Increase/reduce the penalty imposed by the trial court;
c. Remand the case to the RTC for new trial or retrial;
d. Dismiss the case;
e. All of the above;
f. None of the above.
13. At any time after the appeal from the lower court has been perfected and
before the judgment of the CA convicting the accused becomes final, the
accused may:
a. Move for new trial on the ground of newly discovered evidence

material to his defense;
b. Move for modification of judgment;
c. File a petition for annulment of judgment;
14. Exceptions laid down by jurisprudence where a private complainant or
offended party in a criminal case may file a petition directly with the CA or SC:
a. When there is denial of due process of law to the prosecution and the
State or its agents refuse to act on the case to the prejudice of the
State and the offended party;
b. When the private offended party questions the civil aspect of a decision
of a lower court;
c. When the prosecution is denied due process of law;
e. a & b.
R 126 (Search and Seizure)
15. A search warrant shall not issue, except:
a. Upon probable cause in connection with one specific offense;
b. To be determined personally by the judge;
c. After examination under oath or affirmation of the complainant and the
witnesses he may produce;
d. Particularly describing the place to be searched and the things to be
seized which may be anywhere in the Philippines;
e. All of the above.
16. Following are the requisites for determining probable cause, except:
a. The judge must examine the complainant and his witnesses
personally;
b. The examination must be under oath;
c. The examination must be reduced in writing in the form of searching
questions and answers;
d. Must particularly describe the place to be searched and the
person or things to be seized;
17. What is/are the remedy/ies against an unlawful search?
a. Motion to quash the search warrant;
b. Motion to suppress as evidence the objects illegally taken

(exclusionary ruleany evidence obtained through unreasonable
searches and seizures shall be inadmissible for any purpose in any
proceeding);
c. Replevin, if the objects are legally possessed;
d. Certiorari, where the search warrant is a patent nullity;
18. What is/are the test/s to determine particularity of the place to be searched?
a. When the description therein is as specific as the ordinary
circumstance will allow;
b. When the description express a conclusion of fact, not of law which the
warrant officer may be guided in making the search and seizure;
c. When the things described therein are limited to those which bear
direct relation to the offense for which the warrant is being issued;
19. Generally, officers executing a search must do the following acts, except:
a. Announce their presence;
b. Identify themselves to the accused and to the persons who rightfully
have possession of the premises to be searched;
c. Show to them the search warrant;
d. Explain the warrant in a language or dialect known and understood by
them;
e. When the officers have an honest belief that there is an imminent
danger to life and limb.
20. What offense/s may result from unreasonable searches and seizures?
a. Violation of domicile;
b. Search warrant maliciously obtained;
c. Searching domicile without witnesses;
d. Unjust interlocutory order;
R 133 (Weight and Sufficiency of Evidence)
21. When is circumstantial evidence sufficient to convict?
a. There is more than one circumstance;
b. The facts from which the inferences are derived are proven;
c. The combination of all the circumstances is such as to produce a

conviction beyond reasonable doubt;
22.Generally, motive of the accused is immaterial in criminal cases , hence, it
does not need to be proved, except (People vs. Agcaoili):
a. When there is no eyewitness and the suspicion is likely to fall on a
considerable number of persons;
b. When there is doubt as to whether the accused is or is not the person
who committed the offense;
c. When it is necessary to determine the sanity of the accused or the
voluntariness of the act;
d. When the accused interposes self-defense or defense of stranger;
Writ of Amparo
23.What constitutional right are protected by the writ?
a. A persons right to life;
b. Liberty;
c. Security;
24.What are the elements of enforced disappearances?
a. That there be an arrest, detention, abduction or any form of deprivation
of liberty;
b. That it be carried out by, or with the authorization, support or
acquiescence of the State or political organization;
c. Refusal by the State or political organization to acknowledge or give
information on the fate or whereabouts of the person subject of the
amparo petition;
d. The intention for such refusal is to remove subject person from the
protection of the law for a prolonged period of time;
25. The date and time for summary hearing of the petition shall be set:
a. Not later than 5 days from date of issuance;
b. Not later than 7 days from date of issuance;
c. Not later than 10 days from date of issuance;
d. Not later than 4 days from date of issuance.
26. When should respondent file a verified written return?

a. Within 48 hours from service of the writ;
b. Within 60 hours from service of the writ;
c. Within 72 hours from service of the writ;
d. Within 5 days from service of the writ.
Habeas Data
27. When should respondent file a verified written return?
a. Within 5 days from service of the writ;
b. Within 7 days from service of the writ;
c. Within 5 working days from service of the writ;
d. Within 7 work days from service of the writ.
28. What are the instances when the petition may be heard in chambers?
a. Respondent invokes the defense that the release of the data or
information in question shall compromise national security or state
secrets;
b. The data or information cannot be divulged to the public due to its nature
or privileged character;
c. The currency and accuracy of the data or information held;
d. a & b;
29. What is the remedy of the aggrieved party after judgment is rendered?
a. Any party may appeal from the judgment or final order to the SC
under R 45, raising question of fact or law or both;
b. Move for reconsideration;
c. File a special civil action of certiorari;
30. When should the officer who executed the final judgment make a verified
return?
a.
b.
c.
d.
Within 3 days from its enforcement;

Within 5 work days from its enforcement.
Arman M. Guingab Bar Refresher Course. (UE) Atty. Christian Kit Villasis
Rem 2. SY-2016-2017
SPECIAL PROCEEDINGS
1. What is not a money claim?
a. All claims against funeral expenses.
b. All claims for expenses of last sickness of the decedent.
c. All claims for damages arising from torts.
d. Judgment for money against the decedent.
Ans. C.
2. What is the exception in filing of the statute of non-claims?
a. Tardy Claim.
b. Special Claim.
c. Claimants.
d. Early Claims.
Ans. A.
3. May the Special Administrator issue a notice to creditors to file their money
claim?
a. No, because the special administrator is not empowered as such.
b. No, because a special administrator is not an executor.
c. Yes, it is within the power conferred by law.
d. Yes, because it the testator allows it.
Ans. A.
4. What is the prescriptive period of a tardy claim?
a. 10 years.
b. 12 years.
c. 5 years.
d. 1 year.
Ans. D.
5.
May the executor or administrator file an action to recover the property

fraudulently conveyed by the deceased in order to defraud his creditors?
a. No, because its power is only limited in administration of the estate.
b. No, because it is not allowed by the rules of court.
c. Yes, because it is allowed by law.
d. Yes, if the estate is not sufficient to pay the debts and expenses of
administration.
Ans. D.
6. What is the order of payment if the estate is insolvent?
a. Must be in accordance with the order of preference under the law on

succession.
b. Must be in accordance with the law on concurrence under the law on
succession.
c. Must be under the order of preference under the law on succession.
d. Must be under the Civil Code on preference of credits.
Ans. D.
7. When may the court issue an order of distribution?
a. When expressly ordered by the court.
b. When it becomes final and executory.
c. When necessary under the circumstances.
d. Only after the payment of debts, estate taxes, administration expenses, funeral
charges, and the allowance to the widow have been paid.
Ans. D
8. As a rule, may a probate court issue writs of execution?
a. Yes, because the rules of court applies suppletory in character.
b. Yes, because special proceeding is akin to a civil action.
c. No, because its orders a rule refer to the adjudication of claims against the
estate which the executor or administrator may satisfy without the need of the
executory process.
d. No, because writs of execution applies to special proceedings.
Ans. C
9. May the order of closure be appealed? If so what period and how shall the appeal
be taken?
a. Yes, within 15 days from the filing of the notice of appeal.
b. Yes, within 30 days from the filing of the notice of appeal.
c. Yes, within 60 days from the filing of the notice of appeal.
d. Yes, within 35 days from the filing of the notice of appeal.
Ans. B.
10. How do you appeal from the order of distribution?
a. By filing a notice of appeal.
b. By filing a record on appeal.
c. By filing an appeal.
d. By filing a notice of appeal and record on appeal.
Ans. D.
CRIMINAL PROCEDURE
1. May a plea of guilty be withdrawn and be substituted by a plea of not guilty?
a. No, since it is not provided for by the rules.
b. No, because it will violate the rule on against double jeopardy.
c. No, it will violated the right against self-incrimination.
d. Yes, if the plea of guilt was improvident and provided the judgment of
conviction has yet become final.
Ans. D.
2. As a rule, is the order sustaining the motion to quash a bar to another prosecution
for the same offense?
a. Yes, since it will constitute double jeopardy.
b. Yes, provided that it will be grounded on extinction of criminal liability.
c. Yes, as the court will see fit.
d. No, it is not a bar for the prosecution of another offense.
3. The prosecutor filed an information charging the accused with seduction. No
complaint was filed by the private offended party. What is the ground for the
motion to quash?
a. Lack of jurisdiction over the offense charged.
b. Lack of authority of the prosecutor.
c. The compliant does not conform to the prescribed form.
d. That the criminal complaint has already been extinguished.
Ans.A.
4. An accused was discharged to be a state witness against his co-accused in a case
of murder. May the accused be prosecuted later on for the same crime of murder?
a. Yes, it will not bar for future prosecution.
b. Yes, since it will not constitute double jeopardy.
c. No, since it will constitute as acquittal.
d. No, the discharged of a state witness operates as an acquittal provided the
accused will not refused to testify.
Ans. D.
5. X was acquitted of illegal fishing through the use of explosives. Subsequently a
charge of illegal possession of explosives involving the same explosives used in
the illegal fishing case was brought against X. May X invoke double jeopardy?
a. No, because it is not necessarily included in the same offense.
b. No, because X was not acquitted.
c. Yes, the second charge of illegal possession of explosives was necessarily
included or absorbed in the first charge.
d. Yes, because the does not prohibit the same.
Ans. C.
6. X stole 13 carabaos, 8 of which belonged to B and 5 to C. The theft happened at
the same plac and time. X was prosecuted and convicted for the theft of the 8
carabaos belonging to B. Subsequently, X was prosecuted for theft of the 5
carabaos belonging to C. May X invoke double jeopardy?
a. Yes. The second prosecution is for the same offense because the theft of the 8
carabaos is an integral part of the single crime of theft of all the carabaos.
b. No, it is a distinct crime.
c. No, one theft is separate and distinct from the others.
d. Yes, under the revised penal code.
Ans. A.
7. When is pre-trial not applicable?
a. Sandiganbayan.
b. Municipal Trial Court.
c. Regional Trial Court.
d. National Labor Relations Commission.
Ans. D.
8. What is the time limit within which the accussed must be brought to trial?
a. Within 30 days from the court acquire jurisdiction over the person of the
accused and trial shall commence within 30 days from the receipt of the pretrial order.
b. Within 60 days from the court acquire jurisdiction over the person of the
c. Within 30 days from the court acquire jurisdiction over the person of the
d. Within 60 days from the court acquire jurisdiction over the person of the
Ans. A.
9.
Who has the burden of proof in the motion to dismiss on ground of denial
right to speedy trial?
a. The accused.
b. The court.
c. The prosecutor.
d. The complainant
Ans. A.
10. What is the remedy where the accused is not brought within the time limit?
a. Violation of the right to speedy trial.
b. Violation of due process.
c. Violation of the right of the accused.
of
d. Violation of presumption of innocence.
Evidence
1. How is the examination of a witness presented in a trial or a hearing done?
a. In chambers.
b. In open court.
c. In closed court.
d. During session.
Ans. B.
2. May a witness testify in a narrative form?
a. Yes, since it is allowed by the rules.
b. No, it must be done in a question and answer form.
c. No, since it is not allowed by the rules.
d. Yes, under exceptional circumstances.
Ans. B.
3. Is a witness obligated to answer the questions?
a. No, since it will violate his right against self-incrimination.
b. Yes, although his answer may tend to establish a claim against him.
c. No, since the witness can invoke his right to privacy.
d. Yes, under the law on obligations.
Ans. B
4. What does it mean of impeachment of a witness?
a. Means to question the witness.
b. Means to destroy the witness.
c. Means to establish that the witness is lying.
d. Means to destroy or to put in doubt the credibility of the witness and his
testimony.
Ans. D.
5. Is the evidence of good character admissible?
a. No, unless such character has been impeached.
b. No, it is inadmissible in evidence.
c. Yes, since it falls within the purview of object evidence.
d. Yes, because the rules of court allows the same.
Ans. A
6. May a party impeached his own witness?

a. Yes, provided the witness is lying.
b. Yes, provided the witness is hostile.
c. No, it is not allowed under the law.
d. No, because it is not allowed by the Rules of Court.
Ans. D
7. What is an ancient document?
a. Is a private document which is more than 40 years old.
b. Is a private document which is more than 50 years old.
c. Is a private document which is more than 30 years old.
d. Is a private document which is more than 35 years old.
Ans. C
8. Are affidavits and sworn certifications public documents?
a. No, because they are not acknowledged before the notary public.
b. No, they are private documents.
c. Yes, since they are notarized by the notary public.
d. Yes, because they are available to the public.
Ans. A.
9. Is the instrument or document acknowledged and authenticated in a foreign
country considered authenticated in the Philippines?
a. No, it is not automatic.
b. Yes, it is automatic.
c. Yes, provided that it is duly acknowledged in the Philippines.
d. No, since it is outside the jurisdiction of the Philippines.
Ans. C.
10. Is a document written in Cebuano admissible in evidence?
a. No, documents written in an unofficial language shall not be admitted as
evidence unless accompanied with a translation into English or Filipino.
b. Yes, since there is no prohibition under the law.
c. No, not all can understand Cebuano.
d. Yes, Cebuano is an official language.
Ans. A.

Rem MCQ

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REMEDIAL LAW 2

Marc Laurence R. Monterde

A. There is more than once circumstance

A. Any aggrieved party

Marc Laurence R. Monterde

MCQs in Special Proceedings

In claims against estate, the notice to the creditors shall be posted:

3. The ___________________ of the deceased ranked first in the payment of the

4. The order of hearing in an escheat proceedings shall be published before

a. Twice a week for six successive weeks;

5. May a resident minor be allowed to file a petition for the appointment of

d. Yes, if he is fourteen years of age at the time of the filing of the

6. In claims againts the estate, ___________________ refers to claim which is

8. The executor or administrator is prohibited from selling personal property

10. The probate court loses jurisdiction of an estate under administration:

_________________ is the formal mode and manner of implementing the

Arraignment on the amended information is discretionary on the part

b. Arraignment on the amended information is optional on the part of the

4. May an oral motion to quash be made?

6. The absence of a preliminary investigation or inability to participate in the

8. The ________________ allows the parties to object to the presentation of an

9. __________________ is the adjudication by the court that the accused is guilty

Any time before entry of judgment;

b. Any time before a judgment of conviction becomes final;

Evidence Rules 131 to 132

1. _______________ is the duty of a party to present evidence on the facts in

False and true;

d. True and false.

3. If and when documents or things offered in evidence are excluded by

4. When may an offer of evidence in writing be objected to?

5. Under the Rule on Examination of a Child Witness, _______________

6. In the conduct by the judge of the examination of a child witness as to

7. Under the Rules on Electronic Evidence, ________________ refers to an

8. What is the rule on the applicability of the Rules on Electronic

9. _________________ is a writ issued by a court in an environmental case

Requisite/s of application for Habeas Corpus

I. Person in whose benefit the application is made is imprisoned or restrained of

J. The officer or name of the person by whom he is so imprisoned or restrained;

K. The officers conducting the search as instruced by lawful superiors

D. Wag niyo sakin itanong yan

Prepared by: Lemuel Paul M. Alegado

Answer: E- It is of the humble opinion of the maker of this question

8. A is charged with murder. May he file his Judicial Affidavit?

9. A is charged for the crime of Estafa. During trial, he presented evidence of

Court of the place where the offended party resides

3. Where should be a criminal action instituted?

a. The civil liability of the accused based on the crime is extinguished

c. The combination of all the circumstances is such as to produce

b. Within 3 days from receipt of the TEPO by the person or party

d. When the executor or administrator is an attorney, he can charge

for the amount of the bail.

subject of the inquiry.

To enable the accused to properly prepare his responsive pleading

B) Any time before the prosecution rests its case

Dismiss the case

ANSWER: C. Errors of law in the judgment is a ground for Motion for

*** submitted by Brenda Filipinas Parras-Danganan

B) Electronic evidence is applicable only in criminal case

following opinion with proper basis given by an ordinary witness may be

may file an answer interposing as a defense that the case is a SLAPP

*** submitted by Brenda Filipinas Parras-Danganan

the administration proceedings.

A.) consent of the heirs