Bar Questions Multiple Choice
Bar Questions Multiple Choice
(1) Anna filed a petition for appointment as regular administratrix of her fathers' estate. Her sister Sophia moved to
dismiss the petition on the ground that the parties, as members of the same family, have not exerted earnest effort
toward a compromise prior to the filing of the petition. Should the petition be dismissed?
(A) Yes, since such earnest effort is jurisdictional in all estate cases.
(B) No, since such earnest effort is not required in special proceedings.
(C) Yes, since such earnest effort is required prior to the filing of the case.
(D) No, since such earnest effort toward a compromise is not required in summary proceedings.
(2) A pending criminal case, dismissed provisionally, shall be deemed permanently dismissed if not revived after 2
years with respect to offenses punishable by imprisonment
(3) Angie was convicted of false testimony and served sentence. Five years later, she was convicted of homicide.
On appeal, she applied for bail. May the Court of Appeals deny her application for bail on ground of habitual
delinquency?
(A) Yes, the felonies are both punishable under the Revised Penal Code.
(C) No, the felonies fall under different titles in the Revised Penal Code.
(4) Which of the following is NOT CONSISTENT with the rules governing expropriation proceedings?
(A) The court shall declare the defendant who fails to answer the complaint in default and render judgment
against him.
(B) The court shall refer the case to the Board of Commissioners to determine the amount of just
compensation.
(C) The plaintiff shall make the required deposit and forthwith take immediate possession of the property
sought to be expropriated.
(D) The plaintiff may appropriate the property for public use after judgment and payment of the compensation
fixed in it, despite defendants appeal.
(5) Which of the following is a correct statement of the rule on amendment of the information in a criminal
(A) An amendment that downgrades the offense requires leave of court even before the accused pleads.
(B) Substantial amendments are allowed with leave of court before the accused pleads.
(C) Only formal amendments are permissible before the accused pleads.
(D) After the plea, a formal amendment may be made without leave of court.
(6) Gary who lived in Taguig borrowed P1 million from Rey who lived in Makati under a contract of loan that fixed
Makati as the venue of any action arising from the contract. Gary had already paid the loan but Rey kept on sending
him letters of demand for some balance. Where is the venue of the action for harassment that Gary wants to file
against Rey?
(A) In Makati since the intent of the party is to make it the venue of any action between them whether based
on the contract or not.
(B) In Taguig or Makati at the option of Gary since it is a personal injury action.
(7) Which of the following is NOT within the power of a judicial receiver to perform?
(C) Divide the residual money in his hands among the persons legally entitled to the same.
(8) Which of the following precepts forms part of the rules governing small claims?
(B) The court shall render its decision within 3 days after hearing.
(9) The Metropolitan Trial Court convicted Virgilio and Dina of concubinage. Pending appeal, they applied for bail,
claiming they are entitled to it as a matter of right. Is their claim correct?
(B) Yes, bail is a matter of right in all cases not involving moral turpitude.
(D) Yes, bail is a matter of right in the Metropolitan Trial Court before and after conviction.
(10) As a rule, the judge shall receive the evidence personally. In which of the following circumstances may the court
delegate the reception of evidence to the clerk of court?
(B) When the trial of an issue of fact requires the examination of a long account.
(11) Which of the following is in accord with the applicable rules on receivership?
(A) The court may appoint the plaintiff as receiver of the property in litigation over the defendants objection.
(B) A receiver may be appointed after judgment if the judgment obligor refuses to apply his property to satisfy
the judgment.
(C) The trial court cannot appoint a receiver when the case is on appeal.
(12) Bearing in mind the distinction between private and public document, which of the following is admissible in
evidence without further proof of due execution or genuineness?
(B) Official record of the Philippine Embassy in Singapore certified by the Vice- Consul with official seal.
(D) Unblemished receipt dated December 20, 1985 signed by the promisee, showing payment of a loan,
found among the well-kept file of the promissor.
(13) Ramon witnessed the commission of a crime but he refuses to testify for fear of his life despite a subpoena
being served on him. Can the court punish him for contempt?
(C) No, since Ramon has a valid reason for not testifying.
(14) The right to intervene is not absolute. In general, it CANNOT be allowed where
(A) the intervenor has a common interest with any of the parties.
(B) it would enlarge the issues and expand the scope of the remedies.
(C) the intervenor fails to put up a bond for the protection of the other parties.
(D) the intervenor has a stake in the property subject of the suit.
(15) Which of the following grounds for dismissal invoked by the court will NOT PRECLUDE the plaintiff from refiling
his action?
(D) Prescription.
(16) When may a co-owner NOT demand the partition of the thing owned in common?
(A) When the creditor of one of the co-owners has attached the property.
(C) When related co-owners agreed to keep the property within the family.
(17) The city prosecutor of Manila filed, upon Soledads complaint, a criminal action for estafa against her sister,
Wella, before the RTC of Manila for selling to Victor a land that she previously sold to Soledad. At the same time
Soledad filed a civil action to annul the second sale before the RTC of Quezon City. May the Manila RTC motu
proprio suspend the criminal action on ground of prejudicial question?
(A) Yes, if it may be clearly inferred that complainant will not object to the suspension of the criminal case.
(B) No, the accused must file a motion to suspend the action based on prejudicial question.
(C) Yes, if it finds from the record that such prejudicial question exists.
(D) Yes, if it is convinced that due process and fair trial will be better served if the criminal case is suspended.
(A) The applicant must file a bond executed to the adverse party in an amount equal to the value of the
property as determined by the court.
(B) The property has been wrongfully detained by the adverse party.
(C) The applicant has a contingent claim over the property object of the writ.
(D) The plaintiff may apply for the writ at any time before judgment.
(19) Gerry sued XYZ Bus Co. and Rico, its bus driver, for injuries Gerry suffered when their bus ran off the road and
hit him. Of the two defendants, only XYZ Bus Co. filed an answer, alleging that its bus ran off the road because one
of its wheels got caught in an open manhole, causing the bus to swerve without the drivers fault. Someone had
stolen the manhole cover and the road gave no warning of the danger it posed. On Gerrys motion and over the
objection of XYZ Bus Co., the court declared Rico, the bus driver, in default and rendered judgment ordering him to
pay P50,000 in damages to Gerry. Did the court act correctly?
(A) No, since the court should have tried the case against both defendants upon the bus companys answer.
(B) No, the court should have dropped Rico as defendant since the moneyed defendant is the bus company.
(C) Yes, the court can, under the rules, render judgment against the defendant declared in default.
(D) Yes, since, in failing to answer, Rico may be deemed to have admitted the allegations in the complaint.
(20) Which of the following has NO PLACE in an application for a replevin order? A statement
(B) that the property has not been distrained for a tax assessment or placed under custodia legis.
(D) that the applicant owns or has a right to the possession of the property.
(21) 008-997-0001 In which of the following instances is the quantum of evidence ERRONEOUSLY applied?
(22) The accused jumps bail and fails to appear on promulgation of judgment where he is found guilty. What is the
consequence of his absence?
(A) Counsel may appeal the judgment in the absence of the accused.
(B) The judgment shall be promulgated in his absence and he loses his right of appeal.
(C) The promulgation of the judgment shall be suspended until he is brought to the jurisdiction of the court.
(23) What should the court sheriff do if a third party serves on him an affidavit of claim covering the property he had
levied?
(A) Ask the judgment obligee to file a court-approved indemnity bond in favor of the third-party claimant or the
sheriff will release the levied property.
(B) Ask the judgment obligee to file a court-approved bond for the sheriffs protection in case he proceeds
with the execution.
(C) Immediately lift the levy and release the levied property.
(D) Ask the third-party claimant to support his claim with an indemnity bond in favor of the judgment obligee
and release the levied property if such bond is filed.
(24) Which of the following is NOT REGARDED as a sufficient proof of personal service of pleadings?
(D) Affidavit of the server with a statement of the date, place and manner of service.
(25) A sued B for ejectment. Pending trial, B died, survived by his son, C. No substitution of party defendant was
made. Upon finality of the judgment against B, may the same be enforced against C?
(A) Yes, because the case survived Bs death and the effect of final judgment in an ejectment case binds his
successors in-interest.
(C) Yes, because the negligence of Bs counsel in failing to ask for substitution, should not prejudice A.
(26) What is the proper remedy to secure relief from the final resolutions of the Commission On Audit?
(27) Which of the following is a duty enjoined on the guardian and covered by his bond?
(B) Ensure the wise and profitable investment of the wards financial resources.
(28) Berto was charged with and convicted of violating a city ordinance against littering in public places punishable
by imprisonment of one month or a fine of P1,000.00. But the city mayor pardoned him. A year later, he was charged
with violating a city ordinance against jaywalking which carried the same penalty. Need Berto post bail for such
offense?
(A) Yes, his previous conviction requires posting of bail for the present charge.
(B) Yes, since he may be deemed to have violated the terms of his pardon.
(D) No, one charged with the violation of a city ordinance is not required to post bail, notwithstanding a
previous pardon.
(29) Which of the following claims survive the death of the defendant and need not be presented as a claim against
the estate?
(B) Unenforced money judgment against the decedent, with death occurring before levy on execution of the
property.
(30) In a case, the prosecutor asked the medical expert the question, "Assuming that the assailant was behind the
deceased before he attacked him, would you say that treachery attended the killing?" Is this hypothetical question
permissible?
(B) Yes, but conditionally, subject to subsequent proof that the assailant was indeed behind the deceased at
that time.
(D) No, since the medical expert has no personal knowledge of the fact.
(31) The city prosecutor charged Ben with serious physical injuries for stabbing Terence. He was tried and convicted
as charged. A few days later, Terence died due to severe infection of his stab wounds. Can the prosecution file
another information against Ben for homicide?
(A) Yes, since Terences death shows irregularity in the filing of the earlier charge against him.
(B) No, double jeopardy is present since Ben had already been convicted of the first offense.
(C) No, there is double jeopardy since serious physical injuries is necessarily included in the charge of
homicide.
(D) Yes, since supervening event altered the kind of crime the accused committed.
(32) Arvin was caught in flagrante delicto selling drugs for P200,000.00. The police officers confiscated the drugs
(A) No, a breach of the chain of custody rule in drug cases, if satisfactorily explained, will not negate
conviction.
(B) No, a breach of the chain of custody rule may be offset by presentation in court of the drugs.
(C) Yes, chain of custody in drug cases must be strictly observed at all times to preserve the integrity of the
confiscated items.
(D) Yes, compliance with the chain of custody rule in drug cases is the only way to prove the accuseds guilt
beyond reasonable doubt.
(33) A sued B in the RTC of Quezon City, joining two causes of action: for partition of real property and breach of
contract with damages. Both parties reside in Quezon City but the real property is in Manila. May the case be
dismissed for improper venue?
(A) Yes, since causes of action pertaining to different venues may not be joined in one action.
(B) No, since causes of action pertaining to different venues may be joined in the RTC if one of the causes of
action falls within its jurisdiction.
(C) Yes, because special civil action may not be joined with an ordinary civil action.
(D) No, since plaintiff may unqualifiedly join in one complaint as many causes of action as he has against
opposing party.
(A) Once jurisdiction has attached to a court, it can not be deprived of it by subsequent happenings or events.
(B) Courts will not hear and decide cases involving issues that come within the jurisdiction of administrative
tribunals.
(C) No court has the authority to interfere by injunction with the judgment of another court of coordinate
jurisdiction.
(D) A higher court will not entertain direct resort to it unless the redress sought cannot be obtained from the
appropriate court.
(35) Which of the following admissions made by a party in the course of judicial proceedings is a judicial admission?
(A) Admissions made in a pleading signed by the party and his counsel intended to be filed.
(B) An admission made in a pleading in another case between the same parties.
(B) None, the judgment being entitled to full faith and credit as a matter of general comity among nations.
(C) That the foreign court erred in the appreciation of the evidence.
(A) Yes, the circumstantial evidence is enough to support a conviction for bigamy.
(B) No, at least one direct evidence and two circumstantial evidence are required to support a conviction for
bigamy.
(C) No, the circumstantial evidence is not enough to support a conviction for bigamy.
(D) No, the circumstantial evidence cannot overcome the lack of direct evidence in any criminal case.
(38) To prove payment of a debt, Bong testified that he heard Ambo say, as the latter was handing over money to
Tessie, that it was in payment of debt. Is Bongs testimony admissible in evidence?
(A) Yes, since what Ambo said and did is an independently relevant statement.
(B) No, since what Ambo said and did was not in response to a startling occurrence.
(C) No, since Bongs testimony of what Ambo said and did is hearsay.
(D) Yes, since Ambos statement and action, subject of Bongs testimony, constitutes a verbal act.
(39) Considering the qualifications required of a would-be witness, who among the following is INCOMPETENT to
testify?
(A) A person under the influence of drugs when the event he is asked to testify on took place.
(B) A person convicted of perjury who will testify as an attesting witness to a will.
(40) Arthur, a resident foreigner sold his car to Bren. After being paid but before delivering the car, Arthur replaced
its original sound system with an inferior one. Bren discovered the change, rejected the car, and demanded the
return of his money. Arthur did not comply. Meantime, his company reassigned Arthur to Singapore. Bren filed a civil
action against Arthur for contractual fraud and damages. Upon his application, the court issued a writ of preliminary
attachment on the grounds that (a) Arthur is a foreigner; (b) he departed from the Philippines; and (c) he was guilty
of fraud in contracting with Bren. Is the writ of preliminary attachment proper?
(A) No, Arthur is a foreigner living abroad; he is outside the courts jurisdiction.
(B) Yes, Arthur committed fraud in changing the sound system and its components before delivering the car
bought from him.
(C) Yes the timing of his departure is presumptive evidence of intent to defraud.
(D) No, since it was not shown that Arthur left the country with intent to defraud Bren.
(41) What is the movants remedy if the trial court incorrectly denies his motion to dismiss and related motion for
reconsideration?
(B) File an administrative action for gross ignorance of the law against the trial judge.
(C) File a special civil action of certiorari on ground of grave abuse of discretion.
(42) During trial, plaintiff offered evidence that appeared irrelevant at that time but he said he was eventually going
to relate to the issue in the case by some future evidence. The defendant objected. Should the trial court reject the
evidence in question on ground of irrelevance?
(A) No, it should reserve its ruling until the relevance is shown.
(B) Yes, since the plaintiff could anyway subsequently present the evidence anew.
(43) Ben testified that Jaime, charged with robbery, has committed bag-snatching three times on the same street in
the last six months. Can the court admit this testimony as evidence against Jaime?
(A) No, since there is no showing that Ben witnessed the past three robberies.
(C) Yes, as evidence of a pattern of criminal behavior proving his guilt of the present offense.
(D) No, since evidence of guilt of a past crime is not evidence of guilt of a present crime.
(44) 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.
(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.
(45) Alex filed a petition for writ of amparo against Melba relative to his daughter Toni's involuntary disappearance.
Alex said that Melba was Toni's 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 Toni's disappearance and that she took
steps to ascertain Toni's whereabouts. What is the quantum of evidence required to establish the parties' respective
claims?
(C) For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.
(46) In which of the following situations is the declaration of a deceased person against his interest NOT
ADMISSIBLE against him or his successors and against third persons?
(C) Declaration of a former co-partner after the partnership has been dissolved.
(47) Defendant Dante said in his answer: "1. Plaintiff Perla claims that defendant Dante owes her P4,000 on the
(48) How will the court sheriff enforce the demolition of improvements?
(A) He will give a 5-day notice to the judgment obligor and, if the latter does not comply, the sheriff will have
the improvements forcibly demolished.
(B) He will report to the court the judgment obligors refusal to comply and have the latter cited in contempt of
court.
(C) He will demolish the improvements on special order of the court, obtained at the judgment obligees
motion.
(D) He will inform the court of the judgment obligors noncompliance and proceed to demolish the
improvements.
(49) When may the bail of the accused be cancelled at the instance of the bondsman?
(C) When the accused fails to pay his annual premium on the bail bond.
(D) When the accused changes his address without notice to the bondsman.
(50) Which of the following MISSTATES a requisite for the issuance of a search warrant?
(A) The warrant specifically describes the place to be searched and the things to be seized.
(D) Judge determines probable cause upon the affidavits of the complainant and his witnesses.
(51) Ranger Motors filed a replevin suit against Bart to recover possession of a car that he mortgaged to it. Bart
disputed the claim. Meantime, the court allowed, with no opposition from the parties, Midway Repair Shop to
intervene with its claim against Bart for unpaid repair bills. On subsequent motion of Ranger Motors and Bart, the
court dismissed the complaint as well as Midway Repair Shops intervention. Did the court act correctly?
(A) No, since the dismissal of the intervention bars the right of Bart to file a separate action.
(B) Yes, intervention is merely collateral to the principal action and not an independent proceeding.
(C) Yes, the right of the intervenor is merely in aid of the right of the original party, which in this case had
ceased to exist.
(D) No, since having been allowed to intervene, the intervenor became a party to the action, entitled to have
the issue it raised tried and decided.
(52) The accused was convicted for estafa thru falsification of public document filed by one of two offended parties.
(A) Yes, since the wrong done the second offended party is a separate crime.
(B) No, since the offense refers to the same series of act, prompted by one criminal intent.
(C) Yes, since the second offended party is entitled to the vindication of the wrong done him as well.
(D) No, since the second offended party is in estoppel, not having joined the first criminal action.
(53) Henry testified that a month after the robbery Asiong, one of the accused, told him that Carlos was one of those
who committed the crime with him. Is Henrys testimony regarding what Asiong told him admissible in evidence
against Carlos?
(B) No, since Asiong did not make the statement during the conspiracy.
(54) Dorothy filed a petition for writ of habeas corpus against her husband, Roy, to get from him custody of their 5
year old son, Jeff. The court granted the petition and required Roy to turn over Jeff to his mother. Roy 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.
(55) 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?
(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.
(57) The decisions of the Commission on Elections or the Commission on Audit may be challenged by
(B) petition for review on certiorari filed with the Court of Appeals under Rule 42.
(D) special civil action of certiorari under Rule 65 filed with the Supreme Court.
(58) Which of the following states a correct guideline in hearing applications for bail in capital offenses?
(A) The hearing for bail in capital offenses is summary; the court does not sit to try the merits of the case.
(B) The prosecutions conformity to the accuseds motion for bail is proof that its evidence of his guilt is not
strong.
(C) The accused, as applicant for bail, carries the burden of showing that the prosecutions evidence of his
guilt is not strong.
(D) The prosecution must have full opportunity to prove the guilt of the accused.
(59) Apart from the case for the settlement of her parents' estate, Betty filed an action against her sister, Sigma, for
reconveyance of title to a piece of land. Betty claimed that Sigma forged the signatures of their late parents to make
it appear that they sold the land to her when they did not, thus prejudicing Bettys legitime. Sigma moved to dismiss
the action on the ground that the dispute should be resolved in the estate proceedings. Is Sigma correct?
(A) Yes, questions of collation should be resolved in the estate proceedings, not in a separate civil case.
(B) No, since questions of ownership of property cannot be resolved in the estate proceedings.
(C) Yes, in the sense that Betty needs to wait until the estate case has been terminated.
(D) No, the filing of the separate action is proper; but the estate proceeding must be suspended meantime.
(60) What is the consequence of the unjustified absence of the defendant at the pre-trial?
(B) The trial court shall immediately render judgment against him.
(C) The trial court shall allow the plaintiff to present evidence ex-parte.
(D) The trial court shall expunge his answer from the record.
(61) What is the remedy of the accused if the trial court erroneously denies his motion for preliminary investigation of
the charge against him?
(A) Wait for judgment and, on appeal from it, assign such denial as error.
(C) Ask for reconsideration; if denied, file petition for certiorari and prohibition.
(D) Appeal the order denying the motion for preliminary investigation.
(62) Which of the following renders a complaint for unlawful detainer deficient?
(B) The plaintiff has tolerated defendants possession for 2 years before demanding that he vacate it.
(C) The plaintiffs demand is for the lessee to pay back rentals or vacate.
(63) In a judicial foreclosure proceeding, under which of the following instances is the court NOT ALLOWED to
render deficiency judgment for the plaintiff?
(B) if upon the mortgagors death during the proceeding, the mortgagee submits his claim in the estate
proceeding.
(C) If the mortgagor is a third party who is not solidarily liable with the debtor.
(D) If the mortgagor is a non-resident person and cannot be found in the Philippines.
(64) In which of the following cases is the plaintiff the real party in interest?
(A) A creditor of one of the co-owners of a parcel of land, suing for partition
(B) An agent acting in his own name suing for the benefit of a disclosed principal
(D) An administrator suing for damages arising from the death of the decedent
(65) The defendant in an action for sum of money filed a motion to dismiss the complaint on the ground of improper
venue. After hearing, the court denied the motion. In his answer, the defendant claimed prescription of action as
affirmative defense, citing the date alleged in the complaint when the cause of action accrued. May the court, after
hearing, dismiss the action on ground of prescription?
(B) No, because affirmative defenses are barred by the earlier motion to dismiss.
(C) Yes, because the defense of prescription of action can be raised at anytime before the finality of
judgment.
(66) What is the effect of the failure of the accused to file a motion to quash an information that charges two
offenses?
(67) Which of the following is a correct application of the rules involved in consolidation of cases?
(A) Consolidation of cases pending in different divisions of an appellate court is not allowed.
(B) The court in which several cases are pending involving common questions of law and facts may hear
initially the principal case and suspend the hearing in the other cases.
(C) Consolidation of cases pending in different branches or different courts is not permissible.
(D) The consolidation of cases is done only for trial purposes and not for appeal.
(68) Summons was served on "MCM Theater," a business entity with no juridical personality, through its office
manager at its place of business. Did the court acquire jurisdiction over MCM Theaters owners?
(B) No, because MCM has no juridical personality and cannot be sued.
(C) No, since the real parties in interest, the owners of MCM Theater, have not been served with summons.
(D) Yes since MCM, as business entity, is a de facto partnership with juridical personality.
(69) Fraud as a ground for new trial must be extrinsic as distinguished from intrinsic. Which of the following
constitutes extrinsic fraud?
(A) Collusive suppression by plaintiffs counsel of a material evidence vital to his cause of action.
(C) The defendants fraudulent representation that caused damage to the plaintiff.
(70) Upon review, the Secretary of Justice ordered the public prosecutor to file a motion to withdraw the information
for estafa against Sagun for lack of probable cause. The public prosecutor complied. Is the trial court bound to grant
the withdrawal?
(A) Yes, since the prosecution of an action is a prerogative of the public prosecutor.
(B) No, since the complainant has already acquired a vested right in the information.
(C) No, since the court has the power after the case is filed to itself determine probable cause.
(D) Yes, since the decision of the Secretary of Justice in criminal matters is binding on courts.
(71) Unexplained or unjustified non-joinder in the Complaint of a necessary party despite court order results in
(72) Which of the following CANNOT be disputably presumed under the rules of evidence?
(A) That the thing once proved to exist continues as long as is usual with things of that nature.
(D) That a young person, absent for 5 years, it being unknown whether he still lives, is considered dead for
purposes of succession.
(73) 008-464-0001 Which of the following is NOT REQUIRED in a petition for mandamus?
(C) RIGHT ANSWER The respondent neglects to perform a clear duty under a contract.
(D) The petitioner has a clear legal right to the act demanded.
(A) When the plaintiffs bond is found insufficient or defective and is not replaced.
(B) When the defendant posts a redelivery bond equal to the value of the property seized.
(C) When the plaintiff takes the property and disposes of it without the sheriffs approval.
(D) When a third party claims the property taken yet the applicant does not file a bond in favor of the sheriff.
(A) in criminal cases, the accused may prove his good moral character if pertinent to the moral trait involved
in the offense charged.
(B) in criminal cases, the prosecution may prove the bad moral character of the accused to prove his criminal
predisposition.
(C) in criminal cases, the bad moral character of the offended party may not be proved.
(D) when it is evidence of the good character of a witness even prior to impeachment.
(76) Xs action for sum of money against Y amounting to P80,000.00 accrued before the effectivity of the rule
providing for shortened procedure in adjudicating claims that do not exceed P100,000.00. X filed his action after the
rule took effect. Will the new rule apply to his case?
(A) No since what applies is the rule in force at the time the cause of action accrued.
(B) No, since new procedural rules cover only cases where the issues have already been joined.
(D) Yes, since procedural rules generally apply prospectively to pending cases.
(B) it is a second motion for reconsideration with an alternative prayer for new trial.
(C) it reiterates the issues already passed upon but invites a second look at the evidence and the arguments.
(D) its arguments in support of the alleged errors are grossly erroneous.
(78) Which of the following correctly states the rule on foreclosure of mortgages?
(A) The rule on foreclosure of real estate mortgage is suppletorily applicable to extrajudicial foreclosures.
(B) In judicial foreclosure, an order of confirmation is necessary to vest all rights in the purchaser.
(79) The information charges PNP Chief Luis Santos, (Salary Grade 28), with "taking advantage of his public
position as PNP Head by feloniously shooting JOSE ONA, inflicting on the latter mortal wounds which caused his
death." Based solely on this allegation, which court has jurisdiction over the case?
(A) Conclusiveness of judgment bars another action based on the same cause; bar by prior judgment
precludes another action based on the same issue.
(B) Conclusiveness of judgment bars only the defendant from questioning it; bar by prior judgment bars both
plaintiff and defendant.
(C) Conclusiveness of judgment bars all matters directly adjudged; bar by prior judgment precludes all
matters that might have been adjudged.
(D) Conclusiveness of judgment precludes the filing of an action to annul such judgment; bar by prior
judgment allows the filing of such an action.
(81) Which of the following matters is NOT A PROPER SUBJECT of judicial notice?
(82) The RTC of Malolos, Branch 1, issued a writ of execution against Rene for P20 million. The sheriff levied on a
school building that appeared to be owned by Rene. Marie, however, filed a third party claim with the sheriff, despite
which, the latter scheduled the execution sale. Marie then filed a separate action before the RTC of Malolos, Branch
2, which issued a writ of preliminary injunction enjoining the sheriff from taking possession and proceeding with the
sale of the levied property. Did Branch 2 correctly act in issuing the injunction?
(A) Yes, since the rules allow the filing of the independent suit to check the sheriffs wrongful act in levying on
a third partys property.
(B) Yes, since Branch 2, like Branch 1, is part of the RTC of Malolos.
(C) No, because the proper remedy is to seek relief from the same court which rendered the judgment.
(D) No, since it constitutes interference with the judgment of a co-equal court with concurrent jurisdiction.
(83) What is the effect and ramification of an order allowing new trial?
(A) The courts decision shall be held in suspension until the defendant could show at the reopening of trial
that it has to be abandoned.
(B) The court shall maintain the part of its judgment that is unaffected and void the rest.
(C) The evidence taken upon the former trial, if material and competent, shall remain in use.
(D) The court shall vacate the judgment as well as the entire proceedings had in the case.
(84) Which of the following is sufficient to disallow a will on the ground of mistake?
(B) The inclusion for distribution among the heirs of properties not belonging to the testator.
(C) The testator intended a donation intervivos but unwittingly executed a will.
(85) As a rule, the estate shall not be distributed prior to the payment of all charges to the estate. What will justify
advance distribution as an exception?
(A) The estate has sufficient residual assets and the distributees file sufficient bond.
(86) A party aggrieved by an interlocutory order of the Civil Service Commission (CSC) filed a petition for certiorari
and prohibition with the Court of Appeals. May the Court of Appeals take cognizance of the petition?
(B) No, since the CSC Chairman and Commissioners have the rank of Justices of the Court of Appeals.
(D) Yes, since the Court of Appeals has jurisdiction over the petition concurrent with the Supreme Court.
(88) Which of the following is NOT REQUIRED of a declaration against interest as an exception to the hearsay rule?
(A) The declarant had no motive to falsify and believed such declaration to be true.
(C) The declaration relates to a fact against the interest of the declarant.
(D) At the time he made said declaration he was unaware that the same was contrary to his aforesaid
interest.
(89) To prove the identity of the assailant in a crime of homicide, a police officer testified that, Andy, who did not
testify in court, pointed a finger at the accused in a police lineup. Is the police officers testimony regarding Andy's
identification of the accused admissible evidence?
(A) Yes, since it is based on his personal knowledge of Andys identification of the accused.
(C) No, since the police had the accused identified without warning him of his rights.
(90) In which of the following cases is the testimony in a case involving a deceased barred by the Survivorship
Disqualification Rule or Dead Man Statute?
(A) Testimony against the heirs of the deceased defendant who are substituted for the latter.
(C) The testimony of an oppositor in a land registration case filed by the decedents heirs.
(D) The testimony is offered to prove a claim less than what is established under a written document signed
by the decedent.
(91) The prosecution moved for the discharge of Romy as state witness in a robbery case it filed against Zoilo,
Amado, and him. Romy testified, consistent with the sworn statement that he gave the prosecution. After hearing
Romy, the court denied the motion for his discharge. How will denial affect Romy?
(92) In proceedings for the settlement of the estate of deceased persons, the court in which the action is pending
may properly
(A) pass upon question of ownership of a real property in the name of the deceased but claimed by a
stranger.
(B) pass upon with the consent of all the heirs the issue of ownership of estate asset, contested by an heir if
no third person is affected.
(C) rule on a claim by one of the heirs that an estate asset was held in trust for him by the deceased.
(D) rescind a contract of lease entered into by the deceased before death on the ground of contractual breach
by the lessee.
(93) Which of the following stipulations in a contract will supersede the venue for actions that the rules of civil
procedure fix?
(A) In case of litigation arising from this contract of sale, the preferred venue shall be in the proper courts of
Makati.
(B) Should the real owner succeed in recovering his stolen car from buyer X, the latter shall have recourse
under this contract to seller Y exclusively before the proper Cebu City court.
(C) Venue in case of dispute between the parties to this contract shall solely be in the proper courts of
Quezon City.
(D) Any dispute arising from this contract of sale may be filed in Makati or Quezon City.
(94) Allan was riding a passenger jeepney driven by Ben that collided with a car driven by Cesar, causing Allan
injury. Not knowing who was at fault, what is the best that Allan can do?
(95) A surety company, which provided the bail bond for the release of the accused, filed a motion to withdraw as
surety on the ground of the accuseds non-payment of the renewal premium. Can the trial court grant the
withdrawal?
(C) No, since the surety company technically takes the place of the accused with respect to court attendance.
(D) Yes, since the accused has breached its agreement with the surety company.
(96) To prove that Susan stabbed her husband Elmer, Rico testified that he heard Leon running down the street,
shouting excitedly, "Sinasaksak daw ni Susan ang asawa niya! (I heard that Susan is stabbing her husband!)" Is
Leon's statement as narrated by Rico admissible?
(97) Which of the following NOT TRUE regarding the doctrine of judicial hierarchy?
(B) The Supreme Court may disregard the doctrine in cases of national interest and matters of serious
implications.
(C) A higher court will not entertain direct recourse to it if redress can be obtained in the appropriate courts.
(D) The reason for it is the need for higher courts to devote more time to matters within their exclusive
jurisdiction.
(98) Plaintiff Manny said in his complaint: "3. On March 1, 2001 defendant Letty borrowed P1 million from plaintiff
Manny and made a promise to pay the loan within six months." In her answer, Letty alleged: "Defendant Letty
specifically denies the allegations in paragraph 3 of the complaint that she borrowed P1 million from plaintiff Manny
on March 1, 2001 and made a promise to pay the loan within six months." Is Lettys denial sufficient?
(B) Yes, since it constitutes positive denial of the existence of the loan.
(C) No, since it fails to set forth the matters defendant relied upon in support of her denial.
(D) No, since she fails to set out in par. 2 of her answer her special and affirmative defenses.
(99) When may an information be filed in court without the preliminary investigation required in the particular case
being first conducted?
(B) When the accused, while under custodial investigation, informs the arresting officers that he is waiving his
right to preliminary investigation.
(C) When the accused fails to challenge the validity of the warrantless arrest at his arraignment.
(D) When the arresting officers take the suspect before the judge who issues a detention order against him.
(100) In a civil action involving three separate causes of action, the court rendered summary judgment on the first
two causes of action and tried the third. After the period to appeal from the summary judgment expired, the court
issued a writ of execution to enforce the same. Is the writ of execution proper?
(B) Yes since, assuming the judgment was not appealable, the defendant should have questioned it by
special civil action of certiorari.
(C) No, since the rules do not allow a partial summary judgment.
(D) No, since special reason is required for execution pending rendition of a final decision in the case.