Remedial Law Quiz #1

Q.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?

Yes, since such earnest effort is jurisdictional in all estate cases.
No, since such earnest effort is not required in special proceedings.
Yes, since suche earnest effort is required prior to the filing of the case.
No, since such earnest effort toward a compromise is not required in summary proceedings.

Q.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

of more than 12 years.
not exceeding 6 years or a fine not exceeding P1,000.00.
of more than 6 years or a fine in excess of P1,000.00.
of more than 6 years.

Q.3

Angie was convicted of false testimony and served sentence. Five years later, she was convicted of homicide. On appeal, she appliled for bail. May the Court of Appeals deny her application for bail on ground of habitual delinquency?

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

Q.4

Which of the following is NOT CONSISTENT with the rules governing expropriation proceedings?

The colurt shall declare the defendant who fails to answers the complaint in default and render judgment against him.
The court shall refer the case to the Board of Commissioners to determine the amount of just compensation.
The plaintiff shall make the required deposit and forthwith take immediate possession of the property sought to be expropriated.
The plaintiff may appropriate the property for public use after judgment and payment of the compensation fixed in it, despite defendant's appeal.

Q.5

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

An amendment that downgrades the offense requires leave of court even before the accused pleads.
Substantial amendments are allowed with leave of court before the accused pleads.
Only formal amendments are permissible before the accused pleads.
After the plea, a formal amendment may be made without leave of court.

Q.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?

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.
In Makati or Taguig at the option of Gary, since it is a personal injury action.
In Taguig, since Rey received the letters of demand there.
In Makati, since it is the venue fixed in their contract.

Q.7

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

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

Q.8

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

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

Q.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?

No, bail is not a matter of right after conviction.
Yes, bail is a matter of right in all cases not involving moral turpitude.
No, bail is dependent on the risk of flight.
Yes, bail is a matter of right in Metropolitan Trial Court before and after conviction.

Q.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?

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