Friday, June 29, 2012

2011 Legal Ethics BAR Examination (MCQ)

Bar Examination Questionnaire for Legal Ethics
Set A
(1) Atty. Mike started teaching Agrarian Reform and Taxation in June 2001 at the Arts and Sciences Department of the Far Eastern University. In 2005, he moved to San Sebastian Institute of Law where he taught Political Law. Is Atty. Mike exempt from complying with the MCLE for the 4th compliance period in April 2013?

(A) No, since he has yet to complete the required teaching experience to be exempt.
(B) No, because he is not yet a bar reviewer.
(C) Yes, since by April 2013, he will have been teaching law for more than 10 years.
(D) Yes, since he updated himself in law by engaging in teaching.

(2) The acknowledgment appearing in a deed of sale reads: "Before me personally appeared this 30 August 2010 Milagros A. Ramirez, who proved her identity to me through witnesses: 1. Rosauro S. Balana, Passport UU123456; 1-5-2010/ Baguio City; and 2. Elvira N. Buela, Passport VV200345; 1-17-2009/ Manila. "Both witnesses, of legal ages, under oath declare that: Milagros A. Ramirez is personally known to them; she is the same seller in the foregoing deed of sale; she does not have any current identification document nor can she obtain one within a reasonable time; and they are not privy to or are interested in the deed he signed." What is the status of such a notarial acknowledgment?

(A) Questionable since the notary public is not shown to personally know the principal party.
(B) Ineffective since it included parties not privy to the deed.
(C) Invalid since the evidence of identity is non-compliant with the notarial rules.
(D) Valid since it is a manner of establishing the identity of the person executing the document.

(3) Atty. Francisco’s retainer agreement with RXU said that his attorney's fees in its case against CRP "shall be 15% of the amounts collected." Atty. Francisco asked the trial court to issue a temporary restraining order against CRP but this was denied, prompting him to file a petition for certiorari with the Court of Appeals to question the order of denial. At this point, RXU terminated Atty. Francisco’s services. When the parties later settled their dispute amicably, CRP paid RXU P100 million. Because of this, Atty. Francisco came around and claimed a 15% share in the amount. What should be his attorney’s fees?

(A) Nothing because the compromise came after RXU terminated him.
(B) 15% of what CRP paid RXU or P15 million.
(C) A reasonable amount that the court shall fix upon proof of quantum meruit.
(D) Nothing since he was unable to complete the work stated in the retainer contract.

(4) Lee became a lawyer in 1988 under a claim that he is a Filipino like his parents. Efren sought Lee’s disbarment on the ground that he really is a Chinese. To prove he is a Filipino, Lee cited an Albay regional trial court’s final judgment in an action to recover real property which mentioned his citizenship as Filipino. This final judgment resulted in the correction of his birth records in a separate special proceeding to show he is a Filipino, not Chinese as there stated. Is Lee’s claim to Filipino citizenship valid?

(A) No, since the mention of his citizenship in the land case was just incidental.
(B) No, since those rulings were not appealed to the Supreme Court.
(C) Yes, because the rulings in his favor have become final and executory.
(D) Yes, since his parents are Filipinos based on what he said in his bar exam petition.

(5) Sheryl, Eric's counsel, once asked for postponement and the court granted it since the opposing counsel, Bernadine, did not object. Eric then asked Sheryl not to allow any further postponements because his case has been pending for 8 years. When trial resumed, Bernadine moved to reset the trial because of her infant's ailment. What must Sheryl do?

(A) Remind the Court that it has the duty to promptly decide the case.
(B) Interpose no objection since she too once sought postponement without Bernadine's objection.
(C) Vehemently oppose Bernadine's motion for being contrary to Eric's wishes.
(D) Submit the motion to the Court's sound discretion.

(6) In a verified complaint, Kathy said that Judge Florante decided a petition for correction of entry involving the birth record of her grandson, Joshua, who happened to be child of Judge Florante's daughter, Pilita. Judge Florante insisted that he committed no wrong since the proceeding was non-adversarial and since it merely sought to correct an erroneous entry in the child’s birth certificate. Is Judge Florante liable?

(A) Yes, because Florante breached the rule on mandatory disqualification.
(B) No, because Judge Florante has no pecuniary interest in the proceeding.
(C) No, because it is true the proceeding was non-adversarial so it prejudiced no one.
(D) Yes, since the correction in the child’s record affects the details of birth of the child.

(7) Which of the following statements best describes the distinct traditional dignity that the legal profession enjoys over other professions?

(A) People are quite dependent on lawyers for their skills in getting them out of trouble with the law.
(B) Its members strive to maintain honesty even in their private dealings.
(C) Its members earn by charging specified emoluments or fees.
(D) The profession is anchored on a fiduciary relation with the client.

(8) Raul sought Ely's disbarment for notarizing a deed of sale knowing that four of the sellers were dead. Ely admitted that he notarized the deed of sale but only after his client assured him that the signatures of the others were authentic. Later, Raul moved to have the complaint against him dismissed on the ground that it was filed because of a misunderstanding which had already been clarified. This prompted the IBP to recommend the dismissal of the complaint. Can the dismissal be allowed?

(A) No, unless the complainant executes an affidavit of desistance.
(B) Yes, since no compelling reason remained to continue with it.
(C) Yes, but recall Ely's notarial commission since the charge against him seems meritorious.
(D) No, given Ely’s admission that he notarized the document when some signatories were absent.

(9) When will Atty. Antonio's notarial commission expire if he applied for and was given such commission on 12 November 2010?

(A) 31 December 2012
(B) 31 December 2011
(C) 11 November 2011
(D) 11 November 2012

(10) Elaine filed a complaint against Fely before their barangay concerning a contract that they entered into. During conciliation, Fely came with Sarah, who claimed the right to represent her minor sister. The barangay captain let Sarah assist her sister. Eventually, the barangay issued a certificate to file action after the parties failed to settle their differences. When Sarah formally appeared as lawyer for her sister, Elaine filed an administrative complaint against her for taking part in the barangay conciliation and preventing the parties from taking meaningful advantage of the same. Is Sarah liable?

(A) No, because she has to represent her sister who was a minor.
(B) No, because the Court can always dismiss the case without prejudice to a genuine conciliation.
(C) Yes, because what Sarah did was deceitful and amounts to fraud.
(D) Yes, because as a lawyer, she is absolutely forbidden to appear in barangay conciliations.

(11) Which of the following will subject Atty. Lyndon, a Manila notary public, to sanctions under the notarial rules?

(A) Notarizing a verification and certification against forum shopping in Manila Hotel at the request of his Senator-client.
(B) Refusing to notarize an extra-judicial settlement deed after noting that Ambo, a friend, was delisted as heir when he was in fact one.
(C) Performing signature witnessing involving his brother-in-law and recording it in his register.
(D) Notarizing a deed of sale for someone he knew without requiring any proof of identity.

(12) Justice Frank, a retired Court of Appeals justice, appeared before the Supreme Court on behalf of Landbank, a government bank, in a case involving the compensable value of the property taken from a landowner under the agrarian reform law. The landowner questioned Justice Frank's appearance in the case, pointing out that the same is unethical and smacks of opportunism since he obviously capitalizes on his judicial experience. Is Justice Frank's appearance in the case valid?

(A) Yes, because the law allows such appearance as long as the government is not the adverse party.
(B) No, because he cannot enjoy his retirement pay and at the same time work for a government institution.
(C) Yes, since Landbank does not perform government function.
(D) No, he should have waited for at least a year to avoid improprieties.

(13) On appeal, RTC Judge Rudy affirmed the MTC’s conviction of Lorna for violation of the bouncing checks law and awarded Agnes, the complainant, Php1.6 million in damages. Two years later, upon Lorna’s motion and after ascertaining that her counsel never received the court's decision, Judge Rudy recalled the entry of judgment in the case, reversed himself, and absolved Lorna of guilt. Claiming an unjust judgment, Agnes filed an administrative complained against Judge Rudy, saying that it is plain from the circumstances that he connived with Lorna, her counsel, and the handling prosecutor. But she offered no further evidence. Rudy denied the charges and asserted that any error in his judgment is correctible only by an appeal, not by an administrative suit. Should Judge Rudy be disciplined?

(A) No, because Agnes' complaint is merely based on suspicions and speculations.
(B) No, because Agnes has yet to establish that Rudy's decision is plainly erroneous.
(C) Yes, because he gravely abused his discretion in recalling the entry of judgment.
(D) Yes, because reconsidering the judgment of conviction that the MTC and he earlier issued shows anomaly in Judge Rudy's action.

(14) After Atty. Benny got a P2 million final judgment in his client’s favor, he promptly asked the court, without informing his client, to allow him a charging lien over the money in the amount of P500,000, his agreed fees, The Court issued a writ of execution for the whole judgment in Atty. Benny's name with an order for him to turn over the excess to his client. Is Atty. Benny’s action correct?

(A) No, since his fees are excessive.
(B) Yes, since he was merely asserting his right to collect his fees.
(C) Yes, since he would anyway give the excess to his client after getting his fees.
(D) No, since he did not disclose to his client the matter of getting a charging lien and a writ of execution in his name.

(15) On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as private counsel for a year with the consent of the Office of the Government Corporate Counsel (OGCC). Shortly after, a leadership struggle erupted in NWD between faction A and faction B. Siding with the first, Atty. Chito filed several actions against the members of faction B. Eventually, the court upheld Faction B which thus revoked Atty. Chito’s retainer on 14 January 2007. With OGCC’s approval, NWD hired Atty. Arthur in his place. When Atty. Arthur sought the dismissal of the actions that Atty. Chito had instituted, the latter objected on the ground that his term had not yet expired and Atty. Arthur had no vacancy to fill up. Is Atty. Chito right?

(A) No, because Atty. Chito’s continued appearances in the cases was without authority since 14 January 2007.
(B) No, because Atty. Arthur would have violated the rule on forum shopping.
(C) Yes, because Atty. Chito’s retainer and authority remained valid until 17 April 2006.
(D) No, because Atty. Chito has the duty to expose the irregularities committed by the members of Faction B.

(16)Noel and Emily who were involved in a road accident sued Ferdie, the driver of the other car, for damages. Atty. Jose represented only Noel but he called Emily to testify for his client. During direct examination, Emily claimed that her injuries were serious when Atty. Jose knew that they were not. Still, Atty. Jose did not contest such claim. Ferdie later sued Emily for giving false testimony since her own doctor’s report contradicted it. He also sued Atty. Jose for foisting a false testimony in court. Is Atty. Jose liable?

(A) No, because he did not knowingly arrange for Emily to lie in court.
(B) Yes, because he did not advise his client to settle the case amicably.
(C) No, because Emily did not permit him to reveal the falsity to the court.
(D) Yes, because he knowingly let Emily's false testimony pass for truth.

(17) In settling his client's claims, Atty. Cruz received from the adverse party P200,000 in cash for his client. Which of the following is an IMPROPER way for Atty. Cruz to handle the money?

(A) Ask his client to prepare a check for his fees for swapping with the cash.
(B) Deposit the cash in his own bank account and later issue his personal check to his client, less his fees.
(C) Turn over the cash to his client with a request that the latter pay him his fees.
(D) Tell his client about the settlement and the cash and wait for the client's instructions.

(18) Judge Cristina has many law-related activities. She teaches law and delivers lectures on law. Some in the government consult her on their legal problems. She also serves as director of a stock corporation devoted to penal reform, where she participates in both fund raising and fund management. Which of the following statements applies to her case?

(A) She should not engage in fund raising activities.
(B) Her activities are acceptable except the part where she is involved in fund management.
(C) She can teach law and deliver lectures on law but not do the other things.
(D) All of her activities are legal.

(19) One of the foundation principles of the Bangalore Draft of the Code of Judicial Conduct is the importance in a modern democratic society of

(A) a judicial system that caters to the needs of the poor and the weak.
(B) public confidence in its judicial system and in the moral authority and integrity of its judiciary.
(C) the existence of independent and impartial tribunals that have the support of its government.
(D) judges who are learned in law and jurisprudence.

(20) After representing Lenie in an important lawsuit from 1992 to 1995, Atty. Jennifer lost touch of her client. Ten years later in 2005, Evelyn asked Atty. Jennifer to represent her in an action against Lenie. Such action involved certain facts, some confidential, to which Atty. Jennifer was privy because she handled Lenie's old case. Can Atty. Jennifer act as counsel for Evelyn?

(A) No, but she can assist another lawyer who will handle the case.
(B) Yes, but she must notify Lenie before accepting the case.
(C) No, because her duty to keep the confidences of previous clients remains.
(D) Yes, but she cannot reveal any confidential information she previously got.

(21) Eric, a labor federation president, represented Luisa, a dismissed WXT employee, before the NLRC. Atty. John represented Luisa's two cocomplainants. In due course, the NLRC reinstated the three complainants with backwages and awarded 25% of the backwages as attorney’s fees, 15% for Atty. John and 10% for Eric, a non-lawyer. When WXT appealed to the Court of Appeals, Atty. John questioned Eric’s continued appearance before that court on Luisa’s behalf, he not being a lawyer. Is Eric's appearance before the Court of Appeals valid?

(A) Yes, for Eric has a personal stake, the fees awarded to him, in defending the NLRC's decision in the case.
(B) No, since John can very well represent Luisa, she being in the same situation as his own clients.
(C) No, because the representation of another in courts can be entrusted only to lawyers.
(D) Yes, since that appeal is a mere continuation of the labor dispute that began at the NLRC.

(22) In what documented act will a notary public’s failure to affix the expiration date of his commission warrant administrative sanction?

(A) In the jurat of a secretary's certificate.
(B) In the will acknowledged before him.
(C) In the signature witnessing he performed.
(D) In the document copy he certified.

(23) Provincial Governors and Municipal Mayors who are lawyers are MCLE exempt because

(A) they handle cases of their constituents for free.
(B) the Local Government Code prohibits them from practicing their profession.
(C) they are rendering public service.
(D) As experts in local governance, it may be assumed that they are updated on legal developments.

(24) A difficult client directed his counsel to bring up to the Supreme Court the trial court’s dismissal of their action. Counsel believes that the trial court acted correctly and that an appeal would be futile. Which of the following options should counsel take?

(A) Withdraw from the case to temper the client’s propensity to litigate.
(B) Engage a collaborating counsel who can assist in the case.
(C) Submit a new retainer proposal to the client for a higher fee.
(D) Elevate the case to the Supreme Court as directed by client.

(25) Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC clerk of court, if the case records have already been remanded to the MTC as the Court of Appeals directed. Lisa said no, saying that the RTC had not yet received a certified copy of the Court of Appeals’ decision. When Lisa suggested that Atty. Anthony first secure such a copy, the latter scolded her. Shamed by this, Lisa filed a disciplinary action against him for encroaching on the work of the lawyers of record. Anthony defends his follow-up action by claiming good faith and the possibility of entering his appearance later. Is Anthony liable for his record follow up?

(A) Yes, because he did not inform Lisa of the basis of his interest in the case.
(B) Yes, because none of the parties to the case authorized him to do such followup.
(C) No, because he acted in good faith with a view to a possible retainer.
(D) No, because following up the records of any case does not constitute practice of law.

(26) Administrative proceedings against Judges of all courts and Justices of the Court of Appeals and the Sandiganbayan shall be

(A) private and confidential.
(B) public but subdued.
(C) private but transparent.
(D) public.

(27)When does the initial MCLE compliance period of a newly admitted member of the bar begin?

(A) On the first day of the month of his admission.
(B) On the tenth day of the month of his admission.
(C) On the third year after his admission as member.
(D) On the first year of the next succeeding compliance period.

(28) Counsel for Philzea Mining appealed a decision of the Bureau of Mines, which was adverse to his client, to the Environment Secretary. At about the same time, he filed a special civil action of certiorari with the Court of Appeals for the annulment of the same decision. Did counsel commit any ethical impropriety in his actions?

(A) Yes, since the action he filed with the Court of Appeals was barred by the pendency of a similar action before the Environment Secretary.
(B) Yes, since he was evidently shopping for a sympathetic forum, a condemnable practice.
(C) No, since his appeal to the Environment Secretary was administrative, not judicial.
(D) No, since he has to exhaust all available remedies to serve his client’s interest.

(29) Atty. Melissa witnessed the car accident that resulted in injury to Manny, a friend of hers. While visiting him at the hospital, she advised him about what action he needed to take regarding the accident. Is Atty. Melissa subject to disciplinary action if she eventually handles the case for him?

(A) No, because Melissa did not directly volunteer her services.
(B) No, because Manny happened to be a friend.
(C) Yes, she engaged in typical ambulance chasing.
(D) Yes, because she should have offered her services for free.

(30) A Court Administrator's auditing team found that Judge Ruby used business cards which stated, in addition to her official title as presiding judge of her court, that she is bar topnotcher, her law school’s "class valedictorian," and "one of the most sought after private law practitioners" before she joined the judiciary, all of which are true. Asked to explain this seeming impropriety, Ruby pointed out that business cards can include the person’s "title" which is broad enough to include in her case her standing in the bar and all the honors she earned. Did Ruby commit an impropriety?

(A) Yes, unless the cards were given to her as a gift.
(B) No, because all she stated in her business cards are true.
(C) Yes, because she showed a hunger for publicity and recognition that debases her judicial post.
(D) No, because she is free to include in her business cards details that say who she is.

(31) Serving as counsel de oficio, Atty. Mamerto advised John of the consequences of his plea of not guilty to the charge. Before trial could be held, however, the presiding judge died. As it happened, Atty. Mamerto was appointed judge and John’s case was assigned to him by raffle. John quickly moved for the judge’s disqualification. Is Judge Mamerto under obligation to inhibit himself from the case?

(A) No, because his service to John was just momentary.
(B) Yes, because his knowledge of John’s case affects his judgment.
(C) No, because he was merely a counsel de oficio.
(D) Yes, because he served as John's counsel.

(32) Myra asked Atty. Elma to notarize her deed of sale. When Elma asked for Myra's competent evidence of identity, she explained that she does not have any current identification document nor could she get one soon. Instead, she presented her friend, Alex, who showed Atty. Elma his driver’s license and confirmed her Myra’s identity. Is Alex’s identification of Myra valid?

(A) Yes, provided Alex states in the deed of sale that he knew Myra personally.
(B) No, Myra needs to produce a valid identification document of herself.
(C) No, since Alex is not himself a party to the document.
(D) Yes, since Alex had a valid identification document.

(33) Atty. Eliseo represented Allan in a collection suit against the Philippine Charity Sweepstakes Office (PCSO). After his election as sangguniang bayan member, the court rendered a decision in PCSO’s favor. Still, Atty. Eliseo appeared for Allan in the latter’s appeal, prompting the PCSO to question his right to do so. In response, Atty. Eliseo claimed that the local government code authorizes him to practice law as long it does not conflict with his duties. Is Atty. Eliseo right?

(A) No, because he cannot appear against a government instrumentality in a civil case.
(B) Yes, because his official duties do not conflict with his private practice.
(C) No, because he works on his private case at the sacrifice of public service.
(D) Yes, because he does not appear in the case as a municipal official.

(34) Which of the following instances demonstrates counsel’s LACK of diligence in serving his client's interest?

(A) Failing to file his client’s appeal brief despite 2 extensions upon the excuse that the client did not coordinate with him.
(B) Failing to send to client a requested legal opinion until after the latter gave him the additional documents he requested.
(C) Failing to rehearse his client on his testimony before the trial.
(D) Updating his client about the status of his case by phone and electronic mail.

(35) What is the method of national inquiry into the conduct of Supreme Court magistrates?

(A) Administrative investigation.
(B) Disqualification.
(C) Impeachment.
(D) Disbarment.

(36) What unhealthy attitude of mind should a judge avoid falling into?

(A) Hearing and adjudicating cases is an important job.
(B) Courts are made for litigants.
(C) Litigants are made for the courts.
(D) Courts should dispose of their cases on time.

(37) After hearing in a sensational criminal case, counsel for the accused told television viewers how the judge unfairly ruled to stop his witness from testifying fully about certain aspects of the case that would help the accused. Counsel said that the public should know the injustice to which his client was being subjected. Can counsel be disciplined for his utterances?

(A) Yes, because rather than defend the judicial system as was his duty, he attacked it.
(B) No, since counsel did not use obscene language.
(C) No, so long as counsel did not knowingly make false statements or act in reckless disregard of truth.
(D) Yes, even if the judge may have actually made unfair rulings in the course of trial.

(38) Which of the following is required of counsel when withdrawing his services to a client in a case?

(A) Counsel's desire to withdraw, expressed in his motion.
(B) Payment of withdrawal fee.
(C) Opposing counsel’s conformity to the withdrawal.
(D) Client's written consent filed in court.

(39) Which of the following demonstrates the lawyer's duty to give the court the respect it deserves?

(A) Counsel consistently appearing in court on time.
(B) Counsel obeying court's orders and processes.
(C) Woman counsel appearing in court dressed in business attire.
(D) Counsel addressing the court as "Your Honor" at all times.

(40) Atty. Arthur agreed to represent Patrick in a personal injury case after the latter signed a retainer agreement for a 33% fee contingent on their winning the case. In the course of trial, Patrick dismissed Atty. Arthur after he presented their evidence in chief and engaged Atty. Winston another lawyer. They lost the case. What fee would Atty. Arthur be entitled to?

(A) Thirty three percent of the fee actually paid to Winston.
(B) The reasonable value of his services.
(C) A flat hourly rate for the time he invested in the case.
(D) Absolutely nothing.

(41) Ronnie, a paralegal in a law firm, helped Beth in a property dispute in which she was involved by giving her legal advice and preparing a complaint that she eventually filed in court under her own signature. When the lawyer for the defendant learned of it, he told Ronnie to desist from practicing law. But he disputed this, claiming that he had not practiced law since he did not receive compensation from Beth for his help. Is Ronnie correct?

(A) Yes, because he could as a paralegal provide competent legal help to litigants.
(B) Yes, for so long as he did not sign the complaint or appeared as Beth's lawyer.
(C) No, unless Beth was ill-advised in filing her complaint in court.
(D) No, because receipt of compensation is not the sole determinant of legal practice.

(42) Which of the following characteristics pertains to a charging lien?

(A) It cannot attach to judgments for delivery of real estates.
(B) It involves documents placed in the lawyer's possession by reason of the retainer.
(C) It does not need any notice to the client to make it effective.
(D) It may be exercised before judgment or execution.

(43) To whom may the Supreme Court refer complaints against lawyers for investigation?

(A) Integrated Bar of the Philippines.
(B) Office of the Bar Confidant.
(C) Judicial and Bar Council.
(D) Office of the Court Administrator.

(44) After several years as a private practitioner, Ben got appointed as Regional Trial Court judge. Five years after his appointment, he received summons directing him to answer a disbarment complaint that pertained to a document he notarized more than 10 years ago from appointment date. He sought the dismissal of the complaint arguing that the cause of action has prescribed. Must the complaint be dismissed?

(A) No, because such complaints do not prescribe.
(B) Yes, because the complaint creates a chilling effect on judicial independence.
(C) No, but the complaint should be verified to ensure transparency.
(D) Yes, because actions on contracts prescribe in 10 years.

(45) On November 28 Atty. Patrick wrote in a newspaper column that the Supreme Court already decided in favor of the validity of the Executive Order that created the Truth Commission upon a vote of 13-2. But, as it turned out, the Court actually rendered an adverse decision only on December 7, and upon a vote of 10-5. Asked to explain his misleading article, Patrick said that his constitutionally protected right to free expression covered what he wrote. Can the Court cite Patrick for contempt?

(A) Yes, because his article obstructs and degrades the administration of justice.
(B) No, because the right to free expression occupies a high rank in the hierarchy of cherished rights.
(C) No, because courts must simply ignore public opinion and the media when rendering decisions.
(D) Yes, because he wrote a lie in his column.

(46) Atty. Ramon borrowed his client's (Menchu) land title. After eight months, Menchu demanded its return but he failed to comply and changed his residence. After Menchu tracked him down, she confronted him about the title. He then offered to just buy the property and gave her five checks for it but these bounced. Charged with malpractice, Atty. Ramon answered that his license to practice law cannot be in issue. He merely incurred civil liability for a failed transaction. Will the malpractice action prosper?

(A) No, because his failure to pay his obligation only makes him civilly liable.
(B) No, since Menchu did not transact business with Atty. Ramon as a lawyer.
(C) Yes, because it is professionally reprehensible for a lawyer to be unavailable to a person in need.
(D) Yes, he having taken advantage of Menchu who was not fully protected and had no independent advice.

(47) Atty. Alfredo Prado appeared in a case as legal officer of the Land Registration Authority (LRA). His opponent, Atty. Armando, knew an Atty. Alfredo Prado from his province who had been dead for years. When Atty. Armando checked with the Supreme Court, only one Alfredo Prado was in the roll of attorneys. What action can Atty. Armado take against Vicente who had taken a dead lawyer’s identity?

(A) File direct contempt action against Vicente for deceiving the court.
(B) Criminally prosecute Vicente for estafa for making money upon false pretense.
(C) Criminally prosecute Vicente for theft of Alfredo's identity and law practice.
(D) Institute a disbarment case against Vicente for misrepresenting himself as lawyer.

(48) After the prosecution cross-examined Shiela, a witness for the accused, Judge Pedro asked her ten additional questions that were so intense they made her cry. One question forced Sheila to admit that her mother was living with another man, a fact that weighed on the case of the accused. This prompted the latter’s counsel to move to expunge the judge’s questions for building on the prosecution's case. Judge Pedro denied the motion, insisting that bolstering a party’s case is incidental to the court’s desire to be clarified. Did Pedro commit an impropriety?

(A) No, his ten questions could not be considered an undue intervention.
(B) No, because the judge is free to inquire into any aspect of the case that would clarify the evidence for him.
(C) Yes, because he effectively deprived the defense of its right to due process when he acted both as prosecutor and judge.
(D) Yes, because nothing connects his desire to be clarified with the questions he asked.

(49) Administrative penalties imposed on judges are

(A) curative.
(B) punitive.
(C) corrective.
(D) both punitive and corrective.

(50) Which of the following demonstrates a lawyer’s fidelity to known practices and customs of the bar regarding a case he is handling?

(A) Treating his client’s disclosures as confidential but not the documents he submits for review.
(B) Meeting with his client’s opponent over lunch to discuss settlement without telling his client.
(C) Accepting a tough case although he is new in practice, trusting that his diligence would make up for lack of experience.
(D) Inviting the judge hearing the case to dinner with no purpose to discuss the case with him.

2011 Remedial Law BAR Examination (MCQ)

Bar Examination Questionnaire for Remedial Law
Set A
(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

(A) of more than 12 years.
(B) not exceeding 6 years or a fine not exceeding P1,000.00.
(C) of more than 6 years or a fine in excess of P1,000.00.
(D) of more than 6 years.

(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.
(B) Yes, her twin convictions indicated her criminal inclinations.
(C) No, the felonies fall under different titles in the Revised Penal Code.
(D) No, the charges are both bailable.

(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 defendant’s appeal.

(5) Which of the following is a correct statement of the rule on amendment of the information in a criminal proceeding?

(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.
(C) In Taguig since Rey received the letters of demand there.
(D) In Makati since it is the venue fixed in their contract.

(7) Which of the following is NOT within the power of a judicial receiver to perform?

(A) Bring an action in his name.
(B) Compromise a claim.
(C) Divide the residual money in his hands among the persons legally entitled to the same.
(D) Invest the funds in his hands without court approval.

(8) Which of the following precepts forms part of the rules governing small claims?

(A) Permissive counterclaim is not allowed.
(B) The court shall render its decision within 3 days after hearing.
(C) Joinder of separate claims is not allowed.
(D) Motion to declare defendant in default is allowed.

(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?

(A) No, bail is not a matter of right after conviction.
(B) Yes, bail is a matter of right in all cases not involving moral turpitude.
(C) No, bail is dependent on the risk of flight.
(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?

(A) When a question of fact arises upon a motion.
(B) When the trial of an issue of fact requires the examination of a long account.
(C) In default or ex-parte hearings.
(D) Upon motion of a party on reasonable grounds.

(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 defendant’s 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.
(D) The filing of bond on appointment of a receiver is mainly optional.

(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?

(A) Baptismal certificates.
(B) Official record of the Philippine Embassy in Singapore certified by the Vice- Consul with official seal.
(C) Documents acknowledged before a Notary Public in Hong Kong.
(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?

(A) No, since no person can be compelled to be a witness against another.
(B) Yes, since public interest in justice requires his testimony.
(C) No, since Ramon has a valid reason for not testifying.
(D) Yes, since litigants need help in presenting their cases.

(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?

(A) Res judicata.
(B) Lack of jurisdiction over the subject matter.
(C) Unenforceability under the Statutes of Fraud.
(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.
(B) When the property is essentially indivisible.
(C) When related co-owners agreed to keep the property within the family.
(D) When a co-owner uses the property as his residence.

(17) The city prosecutor of Manila filed, upon Soledad’s 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.

(18) Which of the following conforms to the applicable rule on replevin?

(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 driver’s fault. Someone had stolen the manhole cover and the road gave no warning of the danger it posed. On Gerry’s 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 company’s 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

(A) that the property is wrongfully detained by the adverse party.
(B) that the property has not been distrained for a tax assessment or placed under custodia legis.
(C) of the assessed value of the property.
(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?

(A) in Writ of Amparo cases, substantial evidence.
(B) to satisfy the burden of proof in civil cases, preponderance of evidence.
(C) to overcome a disputable presumption, clear and convincing evidence.
(D) to rebut the presumptive validity of a notarial document, substantial evidence.

(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.
(D) The judgment shall be void.

(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 sheriff’s 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?

(A) Official return of the server.
(B) Registered mail receipt.
(C) Written admission of the party served.
(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 B’s death and the effect of final judgment in an ejectment case binds his successors in-interest.
(B) No, because C was denied due process.
(C) Yes, because the negligence of B’s counsel in failing to ask for substitution, should not prejudice A.
(D) No, because the action did not survive B’s death.

(26) What is the proper remedy to secure relief from the final resolutions of the Commission On Audit?

(A) Petition for review on certiorari with the Supreme Court.
(B) Special civil action of certiorari with the Court of Appeals.
(C) Special civil action of certiorari with the Supreme Court.
(D) Appeal to the Court of Appeals.

(27) Which of the following is a duty enjoined on the guardian and covered by his bond?

(A) Provide for the proper care, custody, and education of the ward.
(B) Ensure the wise and profitable investment of the ward’s financial resources.
(C) Collect compensation for his services to the ward.
(D) Raise the ward to become a responsible member of society.

(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.
(C) No, because he is presumed innocent until proven otherwise.
(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?

(A) Contingent money claims arising from contract.
(B) Unenforced money judgment against the decedent, with death occurring before levy on execution of the property.
(C) Claims for damages arising from quasi-delict.
(D) Claims for funeral expenses.

(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?

(A) No, since it asks for his legal opinion.
(B) Yes, but conditionally, subject to subsequent proof that the assailant was indeed behind the deceased at that time.
(C) Yes, since hypothetical questions may be asked of an expert witness.
(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 Terence’s 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 and the money and brought them to the police station where they prepared the inventory duly signed by police officer Oscar Moreno. They were, however, unable to take pictures of the items. Will this deficiency destroy the chain of custody rule in the drug case?

(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 accused’s 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.

(34) What is the doctrine of judicial stability or non interference?

(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.
(C) Admission made by counsel in open court.
(D) Admissions made in a complaint superseded by an amended complaint.

(36) What defenses may be raised in a suit to enforce a foreign judgment?

(A) That the judgment is contrary to Philippine procedural rules.
(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.
(D) That extrinsic fraud afflicted the judgment.

(37) Cindy charged her husband, George, with bigamy for a prior subsisting marriage with Teresa. Cindy presented Ric and Pat, neighbors of George and Teresa in Cebu City, to prove, first, that George and Teresa cohabited there and, second, that they established a reputation as husband and wife. Can Cindy prove the bigamy by such 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 Bong’s 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 Bong’s testimony of what Ambo said and did is hearsay.
(D) Yes, since Ambo’s statement and action, subject of Bong’s 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.
(C) A deaf and dumb.
(D) A mental retardate.

(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 court’s 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 movant’s remedy if the trial court incorrectly denies his motion to dismiss and related motion for reconsideration?

(A) Answer the complaint.
(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.
(D) Appeal the orders of denial.

(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.
(C) Yes, since irrelevant evidence is not admissible.
(D) No, it should admit it conditionally until its relevance is shown.

(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.
(B) Yes, as evidence of his past propensity for committing robbery.
(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.
(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.

(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?

(A) For Alex, probable cause; for Melba, substantial evidence.
(B) For Alex, preponderance of evidence; for Melba, substantial evidence.
(C) For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.
(D) For both, substantial evidence.

(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?

(A) Declaration of a joint debtor while the debt subsisted.
(B) Declaration of a joint owner in the course of ownership.
(C) Declaration of a former co-partner after the partnership has been dissolved.
(D) Declaration of an agent within the scope of his authority.

(47) Defendant Dante said in his answer: "1. Plaintiff Perla claims that defendant Dante owes her P4,000 on the mobile phone that she sold him; 2. But Perla owes Dante P6,000 for the dent on his car that she borrowed." How should the court treat the second statement?

(A) A cross claim
(B) A compulsory counterclaim
(C) A third party complaint
(D) A permissive counterclaim

(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 obligor’s 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 obligee’s motion.
(D) He will inform the court of the judgment obligor’s noncompliance and proceed to demolish the improvements.

(49) When may the bail of the accused be cancelled at the instance of the bondsman?

(A) When the accused jumps bail.
(B) When the bondsman surrenders the accused to the court.
(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.
(B) Presence of probable cause.
(C) The warrant issues in connection with one specific offense.
(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 Shop’s 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. Can the other offended party charge him again with the same crime?

(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 Henry’s testimony regarding what Asiong told him admissible in evidence against Carlos?

(A) No, since it is hearsay.
(B) No, since Asiong did not make the statement during the conspiracy.
(C) Yes, since it constitutes admission against a co-conspirator.
(D) Yes, since it part of the res gestae.

(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?

(A) Yes, since such dismissal with prejudice is mandatory.
(B) No, since the rule on dismissal of action upon the plaintiff’s 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 plaintiff’s notice applies and the two cases involve a change in name.

(56) A complaint without the required "verification"

(A) shall be treated as unsigned.
(B) lacks a jurisdictional requirement.
(C) is a sham pleading.
(D) is considered not filed and should be expunged.

(57) The decisions of the Commission on Elections or the Commission on Audit may be challenged by

(A) petition for review on certiorari filed with the Supreme Court under Rule 45.
(B) petition for review on certiorari filed with the Court of Appeals under Rule 42.
(C) appeal to the Supreme Court under Rule 54.
(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 prosecution’s conformity to the accused’s 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 prosecution’s 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 Betty’s 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?

(A) The trial court shall declare him as in default.
(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.
(B) None since such order is final and executory.
(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?

(A) The defendant claims that he owns the subject property.
(B) The plaintiff has tolerated defendant’s possession for 2 years before demanding that he vacate it.
(C) The plaintiff’s demand is for the lessee to pay back rentals or vacate.
(D) The lessor institutes the action against a lessee who has not paid the stipulated rents.

(63) In a judicial foreclosure proceeding, under which of the following instances is the court NOT ALLOWED to render deficiency judgment for the plaintiff?

(A) If the mortgagee is a banking institution.
(B) if upon the mortgagor’s 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
(C) Assignee of the lessor in an action for unlawful detainer
(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?

(A) Yes, because prescription is an exception to the rule on Omnibus Motion.
(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.
(D) No, because of the rule on Omnibus Motion.

(66) What is the effect of the failure of the accused to file a motion to quash an information that charges two offenses?

(A) He may be convicted only of the more serious offense.
(B) He may in general be convicted of both offenses.
(C) The trial shall be void.
(D) He may be convicted only of the lesser offense.

(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 Theater’s owners?

(A) Yes, an unregistered entity like MCM Theater may be served with summons through its office manager.
(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 plaintiff’s counsel of a material evidence vital to his cause of action.
(B) Use of perjured testimony at the trial.
(C) The defendant’s fraudulent representation that caused damage to the plaintiff.
(D) Use of falsified documents during the trial.

(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

(A) the dismissal of the Complaint.
(B) suspension of proceedings.
(C) contempt of court.
(D) waiver of plaintiff’s right against the unpleaded necessary party.

(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.
(B) That the law has been obeyed.
(C) That a writing is truly dated.
(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?

(A) The act to be performed is not discretionary.
(B) There is no other adequate remedy in the ordinary course of law.
(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.

(74) When is the defendant entitled to the return of the property taken under a writ of replevin?

(A) When the plaintiff’s 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 sheriff’s approval.
(D) When a third party claims the property taken yet the applicant does not file a bond in favor of the sheriff.

(75) Character evidence is admissible

(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) X’s 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.
(C) Yes, since procedural rules have retroactive effect.
(D) Yes, since procedural rules generally apply prospectively to pending cases.

(77) A motion for reconsideration of a decision is pro forma when

(A) it does not specify the defects in the judgment.
(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.
(C) There is equity of redemption in extra-judicial foreclosure.
(D) A right of redemption by the judgment obligor exists in judicial foreclosure.

(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) Sandiganbayan only
(B) Sandiganbayan or Regional Trial Court
(C) Sandiganbayan or Court Martial
(D) Regional Trial Court only

(80) Distinguish between conclusiveness of judgment and bar by prior judgment.

(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?

(A) Persons have killed even without motive.
(B) Municipal ordinances in the municipalities where the MCTC sits.
(C) Teleconferencing is now a way of conducting business transactions.
(D) British law on succession personally known to the presiding judge.

(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 sheriff’s wrongful act in levying on a third party’s 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 court’s 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?

(A) An error in the description of the land devised in the will.
(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.
(D) An error in the name of the person nominated as executor.

(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.
(B) The specific property sought to be distributed might suffer in value.
(C) An agreement among the heirs regarding such distribution.
(D) The conformity of the majority of the creditors to such distribution.

(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?

(A) Yes, provided it raises both questions of facts and law.
(B) No, since the CSC Chairman and Commissioners have the rank of Justices of the Court of Appeals.
(C) No, since the CSC is a Constitutional Commission.
(D) Yes, since the Court of Appeals has jurisdiction over the petition concurrent with the Supreme Court.

(87) Which of the following is appealable?

(A) An order of default against the defendant.
(B) The denial of a motion to dismiss based on improper venue.
(C) The dismissal of an action with prejudice.
(D) The disallowance of an appeal.

(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.
(B) The declarant is dead or unable to testify.
(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 officer’s testimony regarding Andy's identification of the accused admissible evidence?

(A) Yes, since it is based on his personal knowledge of Andy’s identification of the accused.
(B) Yes, since it constitutes an independently relevant statement.
(C) No, since the police had the accused identified without warning him of his rights.
(D) No, since the testimony is hearsay.

(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.
(B) The testimony of a mere witness who is neither a party to the case nor is in privity with the latter.
(C) The testimony of an oppositor in a land registration case filed by the decedent’s 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?

(A) His testimony shall remain on record.
(B) Romy will be prosecuted along with Zoilo and Amado.
(C) His liability, if any, will be mitigated.
(D) The court can convict him based on his testimony.

(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?

(A) File a tort action against Cesar.
(B) Await a judicial finding regarding who was at fault.
(C) Sue Ben for breach of contract of carriage.
(D) Sue both Ben and Cesar as alternative defendants.

(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 accused’s non-payment of the renewal premium. Can the trial court grant the withdrawal?

(A) No, since the surety’s undertaking is not annual but lasts up to judgment.
(B) Yes, since surety companies would fold up otherwise.
(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?

(A) No, since the startling event had passed.
(B) Yes, as part of the res gestae.
(C) No, since the excited statement is itself hearsay.
(D) Yes, as an independently relevant statement.

(97) Which of the following NOT TRUE regarding the doctrine of judicial hierarchy?

(A) It derives from a specific and mandatory provision of substantive law.
(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 Letty’s denial sufficient?

(A) Yes, since it constitutes specific denial of the loan.
(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?

(A) Following an inquest, in cases of those lawfully arrested without a warrant.
(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?

(A) No, being partial, the summary judgment is interlocutory and any appeal from it still has to reckon with the final judgment.
(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.