REMEDIAL LAW QUIZ #4

Q.1

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?

Yes, since Terence's death shows irregularity in the filing of the earlier charge agianst him.
No, double jeopardy is present since Ben had already been convicted of the first offense.
No, there is double jeopardy since serious physical injuries is necessarily included in the charge of homicide.
Yes, since supervening event altered the kind of crime the accused committed.

Q.2

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 pircures of the items. Will this deficiency destroy the chain of custody rule in the drug case?

No, breach of the chain of custody rule in drug cases, if satisfactorily explained, will not negate conviction.
No, breach of the chain of custody rule may be offset by presentation in court of the drugs.
Yes, chain of custody in drug cases must be strictly observed at all times to preserve the integrity of the confiscated items.
Yes, compliance with the chain of custody rule in drug cases is the only way to prove the accused's guilt beyond reasonable doubt.

Q.3

A sued B in the RTC of Quezon City, joining two causes of action: for partition of real property and creach 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?

Yes, since causes of action pertaining to different venues may not be joined in one action.
No, since causes of action pertaining to differenct venues may be joined in the RTC if one of the causes of action falls within its jurisdiction.
Yes, because special civil action may not be joined with an ordinary civil action.
No, since plaintiff may unqualifiedly join in one complaint as many causes of action as he has against opposing party.

Q.4

What is the doctrine of judicial stability or non interference?

Once jurisdiction has attached to a court, it cannot be deprived of it by subsequent happenings or events.
Courts will not hear and decide cases involving issues that come within the jurisdiction of administrative bodies.
No court has the authority to interfere by injunction with the judgment of another court of coordinate jurisdiction.
A higher court will not entertain direct resort to it unless the redress sought cannot be obtained from the appropriate court.

Q.5

Which of the following admissions made by a party in the course of judicial proceedings is a judicial admission?

Admissions made in a pleading signed by the party and his counsel intended to be filed.
An admission made in a pleading in another case between the same parties.
Admission made by counsel in open court.
Admissions made in a complaint superseded by an amended complaint.

Q.6

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

That the judgment is contrary to Philippine procedural rules.
None, the judgment being entitled to full faith and credit as a matter of general comity among nations.
That the foreign court erred in the appreciation of the evidence.
That extrinsic fraud afflicted the judgment.

Q.7

Cindy charged her husband, George, with bigamy for prior subsisting marriage with Teresa. Cindy presented Ric and Pat, neigbors 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?

Yes, the circumstancial evidence is enough to support a conviction for bigamy.
No, at least one direct evidence and two circumstantial evidence are required to support a conviction for bigamy.
No, the circumstantial evidence is not enough to support conviction for bigamy.
No, the circumstantial evidence cannot overcome the lack of direct evidence in any criminal case.

Q.8

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?

Yes, since what Ambo said and did is and independently relevant statement.
No, since what Ambo said and did was not in response to a startling occurrence.
No, since Bong's testimony of what Ambo said and did is hearsay.
Yes, since Ambo's statement and action, subject to Bong's testimony, constitutes verbal act.

Q.9

Considering the qualifications required of a would-be witness, who among the following is INCOMPETENT to testify?

A person under the influence of drugs when the event he is asked to testify on took place.
A person convicted of perjury who will testify as an attesting witness to a will.
A deaf and dumb.
A mental retardate.

Q.10

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 tha 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 apon 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?

No, Arthur is a foreigner living abroad; he is outside the court's jurisdiction.
Yes, Arthur committed fraud in changing the sound system and its components before delivering the car brought from him.
Yes, the timing of his departure is presumptive evidence of intent to defraud.
No, since it was not shown that Arthur left the country with intent to defraud Bren.