1.

The venue of a petition for a judicial settlement of the estate of a resident of the Philippines, whether a citizen or alien
is:

a. the place where he died.

b. his residence at the time of his death.

c. any of the provinces where he had any property at the time of his death.

d. any of the above places at the option of the petitioner.

e. none of the above.

2. Which of the following is not correct? The extrajudicial settlement of the estate of a decedent is allowed:

a. when he died testate.

b. when he died intestate.

c. regardless of the value of his estate.

d. when he was not survived by children.

e. none of the above.

3. Which is correct? The allowance of a will is:

a. not conclusive as to its due execution.

b. conclusive as to its due execution.

c. conclusive as to the validity of the dispositions made therein.

d. not conclusive on anything.

4. The petition for the allowance of a will may not be filed by:

a. the testator himself during his lifetime

b. the executor

c. the devisee/ legatee

d. a person who is not interested in the estate.

5. A will proved and allowed in a foreign country may be allowed in the Philippines if:

a. It was proved and allowed in accordance with the laws of such foreign country.

b. The will was executed in the Philippines.

c. The will was executed in such foreign country.

d. None of the above.

6. Which is not correct? A special administrator has the power to:

a. Commence and maintain suits as administrator.

b. Take possession of the estate of the deceased.

c. Sell any property of the estate without court authority.

d. Pay the debts of the deceased upon order of the court.

7. The actions, which may be filed against an executor or administrator, do not include:

a. recovery of real or personal property from the estate.

b. recovery of an interest in such property.

c. enforcement of a lien on such property.

d. recovery of a loan evidenced by a promissory note signed by the decedent.

8. A probate court can:

a. issue writs of execution in all cases.

b. not issue a writ of execution in any case.

c. issue a writ of execution in only three (3) instances.

9. The residue of the estate of a decedent may be distributed to the heirs, even before all the obligations of the estate
have been paid if the distributees or any of them gives a bond to guarantee the payment of the unpaid obligations within
the time fixed by the court:

a. in a sum fixed by the court.

b. in an amount equal to twice the said unpaid obligations.

c. a cash bond equal to the amount of the said unpaid obligations.

10. The venue of a petition for the escheat of the estate of a decedent who was a resident of the Philippines is:

a. his residence at the time of his death.

b. the place of his death.

c. any of the places where his properties are located.

d. any of the places where he resides.

e. the place where he last resided.

11. The venue of a petition for guardianship of a minor or incompetent who resides in the Philippines is:

a. his residence

b. the residence of the guardian.

c. the place where any of his properties is located.

d. anywhere in the Philippines.

12. A return of a writ of habeas corpus is considered prima facie evidence of the cause of the detention if:

a. made by a public officer.

b. made by a private person.

c. the detention is pursuant to a warrant of arrest.

13. When a person is detained by a private person, the writ of habeas corpus is directed:

a. to the said private person.

b. to an officer of the law.

c. to any person designated by the court.

d. none of the above.

14. Habeas Corpus issued by the Regional Trial Court (RTC) is enforceable only in:

a. the territorial jurisdiction of the RTC that issued it.

b. the place where the person is actually detained.

c. in the judicial region to which the RTC that issued it pertains.

d. none of the above.

15. The venue of a petition for a change of name is:

a. the place of birth of the petitioner.

b. his residence.

c. the place where his birth was registered.

d. the place where he was baptized.

e. any place in the Philippines.

16. The period of appeal from an order in a special proceeding is:

a. 15 days from notice, if no motion for reconsideration is filed.

b. 15 days from notice of denial of a motion for reconsideration.

c. 30 days from notice

d. none of the above.

17. Mr. PP, a resident of Quezon City was sideswiped while he was walking along a narrow street by a car negligently driven
by Mr. DD, a resident of Manila. Any suit for damages should be filed in:

a. Makati city where the incident happened.

b. The place stipulated upon by the parties after the incident.

c. Manila, the residence of Mr. DD.

d. Quezon City if Mr. PP so desires.

18. The following defenses and objections not pleaded either in a motion to dismiss or in the answer are not deemed
waived. Which is the exception?

a. Jurisdiction over the subject matter

b. Jurisdiction over the person of the defendant

c. Litis pendencia

d. Res judicata

e. Prescription

19. Mr. PP files a complaint against Mr. DD. The latter failed to answer within the reglamentary period.

a. The court may motu propio declare the defendant in default for violation of the rules as long as the defendant is notified.

b. The court may thereupon render judgment granting the claimant the relief prayed for.

c. The court may direct the defendant to answer so that the issues may be joined.

d. The defendant is ipso facto in default.

e. The defendant may be declared in default upon motion of the claiming party, notice to defending party, and upon proof
of the defendants failure to answer.

20. Mr. Santos, the defendant in an action for annulment of marriage failed to file his answer, under the circumstances:

a. The court shall order Mr. Santos to file his answer.

b. The court may motu propio declare Mr. Santos in default.

c. The court may declare Mr. Santos in default upon motion of Mrs. Santos and proof the defendants failure to answer.

d. The court shall order the prosecuting attorney to determine whether or not collusion exists between the parties.

e. The court shall order the prosecuting attorney to prevent fabrication of evidence.

21. The following are the grounds that would justify a motu propio dismissal of the complaint by the court. Which is the
exception?

a. Improper venue.

b. Failure of plaintiff to appear on the date for presentation of his evidence in chief.

c. Failure to prosecute the action for an unreasonable length of time.

d. Failure to comply with the Rules.

e. Failure to comply the order of the court.

22. DD, defendant in a civil suit failed to appear during the pre-trial:

a. His appearance is excused provided his counsel is present.

b. His appearance is excused as long as his attorney is fully authorized in writing to enter into an amicable settlement
without need for showing a cause for his absence.

c. His non-appearance will be excused only if he is incapacitated.

d. His failure to appear without justifiable cause will automatically authorize the plaintiff to present his evidence ex parte.

e. None of the above states a correct procedural rule.

23. Mr. PP sued Mr. DD. Mr. CC believes that he has a legal interest in the subject matter of litigation and in the success of
Mr. DD.

a. Without leave of court, Mr. CC may intervene in the suit.

b. Mr. CC should file a third party complaint with leave of court.

c. Mr. CC should file an inter pleader with leave of court.

d. Mr. CC should file a cross-claim with leave of court.

e. Mr. CC with leave of court may intervene in the suit.

24. Mr. PP sued Mr. DD who in his answer generally denied the material allegations in the complaint. Mr. PP should file a:

a. Demurrer to evidence

b. A reply to the answer

c. A motion for bill of particulars

d. A motion for summary judgment

e. A motion for judgment on the pleadings

25. Extra-territorial service of summons is proper only in the following instances. Which is the exception?

a. When the action against the resident defendant affects the personal status of the plaintiff and the defendant is
temporarily outside the Philippines.

b. When the action is against a non-resident defendant who is formerly a Philippine resident and the action affects the
personal status of the plaintiff.

c. When the action against the non-resident defendant relates to property within the Philippines in which the defendant has
a claim or lien.

d. When the non-resident defendant is to be excluded from any interest on a property located in the Philippines.

e. When the non-resident defendants property is to be attached in the Philippines.

26. Mr. PP has just completed presentation of his evidence against the defendant, Mr. DD. Believing that the plaintiff has
shown no right to relief upon the facts and the law, Mr. DD moved to dismiss the complaint (demurrer to evidence). The
motion was granted and the complaint was dismissed. Mr. PP appealed and the appellate court reversed the order of
dismissal.

a. Mr. DD may insist on his right to present evidence in support of his defense on the ground of due process.

b. Mr. DD is deemed to have waived his right to present his evidence.

c. Mr. DD should avail of certiorari as a mode of appeal.

d. Mr. DD should avail of certiorari as a special civil action and raise jurisdictional grounds.

e. Mr. DD should avail of prohibition to prevent the lower court from further proceedings.

27. Mr. DD lost in a civil suit filed against him by Mr. PP. Mr. DD honestly believes that the judgment is contrary to law and
that its findings are not supported by the evidence. Mr. PP was also awarded damages, which Mr. DD believes as
excessive. The remedy of Mr. DD is

a. to file an appeal by certiorari.

b. to file a motion for new trial and if denied then appeal from the judgment.

c. to file a motion for reconsideration and if denied file a petition for certiorari raising jurisdictional grounds.

d. to file a motion for reconsideration and if denied then appeal from the judgment..

e. to file an action to annul the judgment.

28. After a judgment has become final and executory, the following may constitute a remedy of the losing party. Which is
the exception?

a. Petition for relief

b. Action to annul the judgment

c. Motion for a new trial or consideration

d. Any of a or b

e. None of the above

29. Judgments of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may be assailed:

a. by ordinary appeal to the Court of Appeals

b. by petition for review to the Supreme Court

c. by petition for review to the Court of Appeals

d. by ordinary appeal to the Supreme Court

e. by appeal by certiorari to the Supreme Court

30. At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party may avail
of a remedy to secure the satisfaction of the judgment that may be rendered by the court. This remedy is:

a. accion pauliana

b. accion reivindicatoria

c. preliminary attachment

d. preliminary injunction

e. replevin

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