REMEDIAL LAW QUIZ #3

Q.1

Gerry sued XYZ Bus Co. and Rico, its bus driver, for injuries Gerry suffered when their bus ran off 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 ordefing him to pay P50,000 in damages to Gerry. Did the court act correctly?

No, since the court should have tried the case against both defendants upon the bus company's answer.
No, the court should have dropped Rico as defendant since the moneyed defendant is the bus company.
Yes, the court can, under the Rules, render judgment against the defendant declared in default.
Yes, since, in failing to answer, Rico may be deemed to have admitted the allegations in the complaint.

Q.2

The accused jumps bail and fails to appear on promulgation of judgment where is found guilty. What is the consequence of his absence?

Counsel may appear in the absence of the accused.
The judgment shall be promulgated in his absence and he loses his right of appeal.
The promulgation of the judgment shall be suspended until he is brought to the jurisdiction of the court.
The judgment shall be void.

Q.3

What should the court sheriff do if a third party serves on him an affidavit of claim covering the property he had levied?

Ask the judgment obligee to file court-approved indemnity bond in favor of the third-party claimant or the sheriff will release the levied property.
Ask the judgment obligee to file a court-approved bond for the sheriff's protection in case he proceeds with the execution.
Immediately lift the levy and release the levied property.
Ask the third-party claimant to support his claim with an indmnity bond in favor of the judgment obligee and release the levied property if such bond is filed.

Q.4

Which of the following is NOT REGARDED as a sufficient proof of personal service of pleadings?

Official return of the server
Registered mail receipt
Written admission of the party served
Affidavit of the server with a statement of the date, place and manner of service

Q.5

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?

Yes, because the case survived B's death and the effect of final judgment in an ejectment case binds his successors-in-interest.
No, because the negligence of B's counsel in failing to ask for substitution, should not prejudice A.
No, because C was denied due process.
No, because the action did not survive B's death.

Q.6

What is the proper remedy to secure relief from the final resolutions of the Commission on Audit?

Petition for review on certiorari with the Supreme Court.
Special civil action for certiorari with the Court of Appeals.
Special civil action for certiorari with the Supreme Court.
Appeal to the Court of Appeals.

Q.7

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

Provide for the proper care, custody and education of the ward.
Ensure the wise and profitable investment of the ward's financial resources.
Collect compensation for his services to the ward.
Raise the ward to become a responsible member of society.

Q.8

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. 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?

Yes, his previous conviction requires posting of bail for the present charge.
Yes, since he may be deemed to have violated the terms of his pardon.
No, because he is presumed innocent until proven otherwise.
No, one charged with the violation of a city ordinance is not required to post bail, notwithstanding a previous pardon.

Q.9

Which of the following claims survive the death of the defendant and need not be presented as a claim against the estate?

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

Q.10

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?

No, since it asks for his legal opinion.
Yes, but conditionally, subject to subsequent proof that the assailant was indeed behind the deceased at that time.
Yes, since hypothetical questions may be asked of an expert witness.
No, since the medical expert has no personal knowledge of the fact.