Bar Examination Questionnaire for Criminal Law

Set A

(1) Isabel, a housemaid, broke into a pawnshop intent on stealing items of jewelry in it. She found,
however, that the jewelry were in a locked chest. Unable to open it, she took the chest out of the shop.
What crime did she commit?

(A) Robbery in an uninhabited place or in a private building

(B) Theft

(C) Robbery in an inhabited house or public building.

(D) Qualified theft

(2) The alternative circumstance of relationship shall NOT be considered between

(A) mother-in-law and daughter-in-law.

(B) adopted son and legitimate natural daughter.

(C) aunt and nephew.

(D) stepfather and stepson.

(3) Arthur, Ben, and Cesar quarreled with Glen while they were at the latter’s house. Enraged, Arthur
repeatedly stabbed Glen while Ben and Cesar pinned his arms. What aggravating circumstance if any
attended the killing of Glen?

(A) Evident premeditation.

(B) None.

(C) Abuse of superior strength.

(D) Treachery.

(4) The presence of a mitigating circumstance in a crime

(A) increases the penalty to its maximum period.

(B) changes the gravity of the offense.

(C) affects the imposable penalty, depending on other modifying circumstances.

(D) automatically reduces the penalty.

(5) He is an accomplice who

(A) agreed to serve as a lookout after his companions decided to murder the victim.
 (B) watched quietly as the murderer stabbed his victim.

(C) helped the murderer find the victim who was hiding to avoid detection.

(D) provided no help, when he can, to save the victim from dying.

(6) Principles of public international law exempt certain individuals from the Generality characteristic of
criminal law. Who among the following are NOT exempt from the Generality rule?

(A) Ministers Resident

(B) Commercial Attache of a foreign country

(C) Ambassador

(D) Chiefs of Mission

(7) As a modifying circumstance, insanity

(A) is in the nature of confession and avoidance.

(B) may be presumed from the offender’s previous behavior.

(C) may be mitigating if its presence becomes apparent subsequent to the commission of the
crime.

(D) exempts the offender from criminal liability whatever the circumstances.

(8) Zeno and Primo asked Bert to give them a sketch of the location of Andy’s house since they wanted
to kill him. Bert agreed and drew them the sketch. Zeno and Primo drove to the place and killed Andy.
What crime did Bert commit?

(A) Accomplice to murder, since his cooperation was minimal.

(B) Accessory to murder, since his map facilitated the escape of the two.

(C) None, since he took no step to take part in executing the crime.

(D) Principal to murder, since he acted in conspiracy with Zeno and Primo.

(9) A police officer surreptitiously placed a marijuana stick in a student’s pocket and then arrested him for
possession of marijuana cigarette. What crime can the police officer be charged with?

(A) None, as it is a case of entrapment

(B) Unlawful arrest

(C) Incriminating an innocent person

(D) Complex crime of incriminating an innocent person with unlawful arrest

(10) The police officer in civilian clothes asked X where he can buy shabu. X responded by asking the
officer how much of the drug he needed. When he told him, X left, returned after a few minutes with the
shabu, gave it to the officer, and took his money. X is

(A) liable for selling since the police operation was a valid entrapment.

(B) not liable for selling since the police operation was an invalid entrapment.

(C) liable for selling since the police operation was a valid form of instigation.

(D) not liable since the police operation was an invalid instigation.

(11) Plaintiff X said in his civil complaint for damages that defendant Y, employing fraud, convinced him
to buy a defective vehicle. Y filed a criminal action for libel against X for maliciously imputing fraud on
him. Will the action prosper if it turns out that the civil complaint for damages was baseless?

(A) No, since pleadings filed in court are absolutely privileged.

(B) No, since malice is not evident.

(C) Yes, given the fact that the imputation of fraud was baseless.

(D) Yes, parties must state the truth in their pleadings.

(12) The maxim "Nullum crimen nula poena sine lege" means that

(A) the act is criminal at the time of its commission and recognized as such at the time of its
commission but the penalty therefor is prescribed in a subsequently enacted law.

(B) the act is criminal and punished under and pursuant to common law.

(C) there is a crime for as long as the act is inherently evil.

(D) crime is a product of the law.

(13) X, a tabloid columnist, wrote an article describing Y, a public official, as stupid, corrupt, and having
amassed ill-gotten wealth. X relied on a source from Y's own office who fed him the information. Did X
commit libel?

(A) Yes, since the article was libelous and inconsistent with good faith and reasonable care.

(B) No, since X but made a fair commentary on a matter of public interest.

(C) No, since X’s article constitutes privileged communication.

(D) No, since he wrote his article under the freedom enjoyed by the press.

(14) The husband has for a long time physically and mentally tortured his wife. After one episode of
beating, the wife took the husband’s gun and shot him dead. Under the circumstances, her act
constitutes
 (A) mitigating vindication of grave offense.

(B) battered woman syndrome, a complete self-defense.

(C) incomplete self-defense.

(D) mitigating passion and obfuscation.

(15) There is violation of Art. 316, RPC (Other forms of Swindling) where

(A) the owner of property sells a property and subsequently rescinds the sale.

(B) the real property subject of the sale does not exist.

(C) the property was mortgaged for a usurious contract of loan.

(D) the owner disposes of his encumbered real property as if it is free from encumbrances.

(16) X, a police officer, placed a hood on the head of W, a suspected drug pusher, and watched as Y and
Z, police trainees, beat up and tortured W to get his confession. X is liable as

(A) as accomplice in violation of the Anti-Torture Act.

(B) a principal in violation of the Anti-Torture Act.

(C) a principal in violation of the Anti-Hazing Law.

(D) an accomplice in violation of the Anti-Hazing Law.

(17) Dr. Chow, a government doctor, failed to submit his Daily Time Record (DTR) from January to March
2000 and did not get approval of his sick leave application for April because of evidence that he was
actually moonlighting elsewhere. Thus, the medical Director caused the withholding of his salary for the
periods in question until he submitted his DTRs in May 2000. Can Dr. Chow prosecute the medical
director for causing him undue injury in violation of the Anti-Graft and Corrupt Practices Act?

(A) Yes, since the medical Director acted with evident bad faith.

(B) No, since the medical director has full discretion in releasing the salary of government
doctors.

(C) Yes, since his salary was withheld without prior hearing.

(D) No, since Dr. Chow brought it upon himself, having failed to submit the required DTRs.

(18) When a penal law is absolutely repealed such that the offense is decriminalized, a pending case
charging the accused of the repealed crime is to be

(A) prosecuted still since the charge was valid when filed.

(B) dismissed without any precondition.

 (C) dismissed provided the accused is not a habitual delinquent.

(D) prosecuted still since the offended party has a vested interest in the repealed law.

(19) In malversation of public funds, the offender’s return of the amount malversed has the following
effect

(A) It is exculpatory.

(B) It is inculpatory, an admission of the commission of the crime.

(C) The imposable penalty will depend on what was not returned.

(D) It is mitigating.

(20) The exchanges of highly offensive words between two quarrelling women in the presence of a crowd
of people constitute

(A) one count of grave slander against the woman who uttered the more insulting expressions.

(B) grave slander against the woman who started it and light slander against the other woman.

(C) two separate counts of light slander, one for each woman.

(D) two separate counts of grave slander, one against each of them.

(21) Any person who, having found lost property, shall fail to deliver the same to the local authorities or
to its owner is liable for

(A) occupation or usurpation of personal property.

(B) civil damages only.

(C) theft.

(D) other deceits.

(22) A crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill is called

(A) dolo.

(B) culpa.

(C) tortious crimes.

(D) quasi delict.

(23) To mitigate his liability for inflicting physical injury to another, an accused with a physical defect
must prove that such defect restricted his freedom of action and understanding. This proof is not
required where the physical defect consists of
 (A) a severed right hand.

(B) complete blindness.

(C) being deaf mute and dumb.

(D) a severed leg.

(24) An extenuating circumstance, which has the same effect as a mitigating circumstance, is exemplified
by

(A) the mother killing her 2-day old child to conceal her dishonor.

(B) the accused committing theft out of extreme poverty.

(C) the accused raping his victim in extreme state of passion.

(D) the accused surrendering the weapon he used in his crime to the authorities.

(25) Three men gave Arnold fist blows and kicks causing him to fall. As they surrounded and continued
hitting him, he grabbed a knife he had in his pocket and stabbed one of the men straight to the heart.
What crime did Arnold commit?

(A) Homicide with incomplete self-defense, since he could have run from his aggressors.

(B) Homicide, since he knew that stabbing a person in the heart is fatal.

(C) Homicide mitigated by incomplete self-defense, since stabbing a person to the heart is
excessive.

(D) No crime, since he needed to repel the aggression, employing reasonable means for doing
so.

(26) A, B, and C agreed to rob a house of its cash. A and B entered the house while C remained outside
as lookout. After getting the cash, A and B decided to set the house on fire to destroy any evidence of
their presence. What crime or crimes did C commit?

(A) Robbery and arson since arson took place as an incident of the robbery.

(B) Robbery and arson since C took no step to stop the arson.

(C) Just for robbery since he only agreed to it and served as lookout.

(D) Accomplice to robbery since his role in the crime was minimal.

(27) X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court employee, the
act of receiving an expensive gift from one of the parties in a pending case. Because of this, Y accused X
of libel. Does Y need to prove the element of malice in the case?

(A) No, since malice is self-evident in the letter.

 (B) Yes, malice is not presumed since X wrote the letter to the presiding judge who has a duty to
act on what it states.

(C) No, since malice is presumed with respect to defamatory imputations.

(D) Yes, since malice is not presumed in libel.

(28) X killed B, mistakenly believing that she was his wife, upon surprising her having sex with another
man in a motel room. What is the criminal liability of X?

(A) None since he killed her under exceptional circumstances.

(B) None since he acted under a mistake of fact.

(C) Parricide.

(D) Homicide.

(29) X draws a check upon request of Y, the payee, who told X that he would merely show the check to
his creditor to gain more time to pay his account. The check bounced upon presentation by the creditor.
Under the circumstances, who can be prosecuted for estafa based on the dishonored check?

(A) Y as the one who negotiated the check contrary to the agreement

(B) X as the drawer of the check

(C) Both X and Y based on conspiracy

(D) None

(30) Ana visited her daughter Belen who worked as Caloy’s housemaid. Caloy was not at home but
Debbie, a casual visitor in the house, verbally maligned Belen in Ana’s presence. Irked, Ana assaulted
Debbie. Under the circumstances, dwelling is NOT regarded as aggravating because

(A) Dwelling did nothing to provoke Ana into assaulting Debbie.

(B) Caloy, the owner of the house, was not present.

(C) Debbie is not a dweller of the house.

(D) Belen, whom Debbie maligned, also dwells in the house.

(31) It is a matter of judicial knowledge that certain individuals will kill others or commit serious offenses
for no reason at all. For this reason,

(A) lack of motive can result in conviction where the crime and the accused's part in it are
shown.

(B) motive is material only where there is no evidence of criminal intent.

 (C) lack of motive precludes conviction.

(D) the motive of an offender is absolutely immaterial.

(32) Minority is a privileged mitigating circumstance which operates to reduce the penalty by a degree
where the child is

(A) 15 years and below acting without discernment.

(B) above 15 years but below 18 acting without discernment.

(C) below 18 years acting with discernment.

(D) 18 years old at the time of the commission of the crime acting with discernment.

(33) The crime of robbery in an inhabited house or public building is mitigated when the offenders

(A) entered the house using false keys.

(B) although armed did not fire their weapons.

(C) entered through a window without breaking it.

(D) although armed took property valued at only P200.

(34) A private person who assists the escape of a person who committed robbery shall be liable

(A) as a principal to the crime of robbery.

(B) as an accessory to the crime of robbery.

(C) as a principal to the crime of obstruction of justice.

(D) as an accessory to the crime of obstruction of justice.

(35) Which among the following circumstances do NOT qualify the crime of kidnapping?

(A) The victim is killed as a consequence of the detention.

(B) The offender is a public officer.

(C) Ransom is demanded.

(D) The victim is raped.

(36) Removing, concealing or destroying documents to defraud another constitutes the crime of estafa if
committed by

(A) any public officer.

 (B) a public officer officially entrusted with the document.

(C) private individuals who executed the same.

(D) private individuals.

(37) Dagami concealed Bugna’s body and the fact that he killed him by setting Bugna’s house on fire.
What crime or crimes did Dagami commit?

(A) Murder, the arson being absorbed already

(B) Separate crimes of murder and arson

(C) Arson, the homicide being absorbed already

(D) Arson with murder as a compound crime

(38) Sam wrote a letter to his friends stating that Judge Odon loves obscene magazines and keeps these
in his desk. Charged with libel, can Sam present proof that Judge Odon indeed loves obscene magazines
and keeps these in his desk?

(A) No, since the imputation is not related to the duties of a judge.

(B) No, since Sam does not impute a crime to Judge Odon.

(C) No, since Sam imputes the commission of a crime to Judge Odon.

(D) Yes, since truth can be a valid defense in libel.

(39) X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence.
Under the circumstances

(A) X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the
victim.

(B) X may plead praetor intentionem since he intended only to scare, not kill Z.

(C) X may plead aberratio ictus as he had no intention to hit Z.

(D) X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he
fired his gun.

(40) Which of the following statements constitute Inciting to Sedition?

(A) Utterance of statements irritating or obnoxious to the ears of the police officers.

(B) Speeches extolling communism and urging the people to hold a national strike and paralyze
commerce and trade.
 (C) Leaders of jeepney and bus associations shouting "Bukas tuloy ang welga hanggang sa
magkagulo na!"

(D) Speeches calling for resignation of high government officials.

(41) Culpa can either be a crime by itself or a mode of committing a crime. Culpa is a crime by itself in

(A) reckless imprudence resulting in murder.

(B) medical malpractice.

(C) serious physical Injuries thru reckless imprudence.

(D) complex crime of reckless imprudence resulting in serious physical injuries.

(42) The mitigating circumstance of immediate vindication of a grave offense cannot be appreciated in a
case where

(A) Following the killing of his adopted brother, P went to the place where it happened and killed
S whom he found there.

(B) X kills Y who attempted to rape X’s wife.

(C) P severely maltreats S, a septuagenarian, prompting the latter to kill him.

(D) M killed R who slandered his wife.

(43) To save himself from crashing into an unlighted truck abandoned on the road, Jose swerved his car
to the right towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying
circumstance of state of necessity?

(A) No, because the bystanders had nothing to do with the abandoned truck on the road.

(B) No, because the injury done is greater than the evil to be avoided.

(C) Yes, since the instinct of self-preservation takes priority in an emergency.

(D) Yes, since the bystanders should have kept off the shoulder of the road.

(44) The accused was shocked to discover his wife and their driver sleeping in the master’s bedroom.
Outraged, the accused got his gun and killed both. Can the accused claim that he killed the two under
exceptional circumstances?

(A) No, since the accused had time to reflect when he got his gun.

(B) No, since the accused did not catch them while having sexual intercourse.

(C) Yes, since the wife and their driver desecrated the marital bed.

(D) Yes, since the scene shows that they had an intimate relationship.
(45) The three accused forcibly took their victim from his car but the latter succeeded in freeing himself
from their grip. What crime did the three accused commit?

(A) forcible abduction.

(B) frustrated kidnapping.

(C) attempted kidnapping.

(D) grave coercion.

(46) Deeply enraged by his wife’s infidelity, the husband shot and killed her lover. The husband
subsequently surrendered to the police. How will the court appreciate the mitigating circumstances of (i)
passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary surrender that the husband
invoked and proved?

(A) It will appreciate passion or obfuscation and voluntary surrender as one mitigating
circumstance and vindication of a grave offense as another.

(B) It will appreciate all three mitigating circumstances separately.

(C) It will appreciate the three mitigating circumstances only as one.

(D) It will appreciate passion or obfuscation and vindication of a grave offense as just one
mitigating circumstance and voluntary surrender as another.

(47) The aggravating circumstance of uninhabited place is aggravating in murder committed

(A) on a banca far out at sea.

(B) in a house located in cul de sac.

(C) in a dark alley in Tondo.

(D) in a partly occupied condominium building.

(48) The penalty of perpetual or temporary special disqualification for the exercise of the right of suffrage
does NOT deprive the offender of the right

(A) to be elected to a public office.

(B) to vote in any popular election for a public office.

(C) to vote in a plebiscite.

(D) to hold any public office.

(49) Without meaning anything, Z happened to stare into the eye of one of four men hanging out by a
store which he passed. Taking offense, the four mauled and robbed him of his wages. Z went home, took
a knife, and stabbed one of his attackers to death. Charged with murder, Z may raise the mitigating
circumstance of

(A) praeter intentionem.

(B) incomplete self-defense preceded by undue provocation.

(C) passion or obfuscation.

(D) complete self-defense.

(50) A public officer who immediately returns the bribe money handed over to him commits

(A) no crime.

(B) attempted bribery.

(C) consummated bribery.

(D) frustrated bribery.

(51) Direct bribery is a crime involving moral turpitude. From which of the following elements of direct
bribery can moral turpitude be inferred?

(A) The offender receives a gift by himself or through another.

(B) The offender is a public officer.

(C) The offender takes a gift with a view to committing a crime in exchange.

(D) The act which the offender agrees to perform or which he executes is connected with his
official duties.

(52) Insuperable cause is an exempting circumstance which may be applied to

(A) robbery.

(B) misprision of treason.

(C) homicide.

(D) rebellion.

(53) Which of the following crimes is an exception to the Territoriality Rule in Criminal law?

(A) Violation of the Trademark Law committed by an alien in the Philippines.

(B) Forgery of US bank notes committed in the Philippines.

(C) Crime committed by a Filipino in the disputed Spratly's Island.

 (D) Plunder committed at his place of assignment abroad by a Philippine public officer.

(54) X, Y and Z agreed among themselves to attack and kill A, a police officer, but they left their home-
made guns in their vehicle before approaching him. What crime have they committed?

(A) Conspiracy to commit indirect assault.

(B) Attempted direct assault.

(C) Conspiracy to commit direct assault.

(D) Illegal possession of firearms.

(55) On hearing a hospital ward patient on the next bed, shrieking in pain and begging to die, Mona shut
off the oxygen that was sustaining the patient, resulting in his death. What crime if any did Mona
commit?

(A) Homicide.

(B) Murder if she deliberated on her action.

(C) Giving Assistance to Suicide.

(D) Euthanasia.

(56) When committed outside the Philippine territory, our courts DO NOT have jurisdiction over the crime
of

(A) treason.

(B) piracy.

(C) espionage.

(D) rebellion.

(57) Motive is generally IMMATERIAL in determining criminal liability EXCEPT when

(A) several offenders committed the crime but the court wants to ascertain which of them acted
as leader.

(B) the evidence of the crime consists of both direct and circumstantial evidence.

(C) ascertaining the degree of penalty that may be imposed on the offender.

(D) the evidence of guilt of the accused is circumstantial.

(58) Which of the following circumstances of dishonor of a check can be a basis for prosecution under
the bouncing checks law?
 (A) The check was returned unpaid with stamp "stop payment," although the drawer’s deposit
was sufficient.

(B) The check, drawn and issued in the Philippines, was dishonored by the drawee bank in a
foreign country.

(C) The check was presented to the bank for payment 6 months after the date of issue.

(D) The drawer of the dishonored check paid its value within 5 days from notice of dishonor.

(59) X and his step-father have a long-standing enmity. One day, irked by an argument with his step-
father, X smashed the windshield of his step-father’s brand new Audi sports car. X is liable for

(A) malicious mischief.

(B) malicious mischief with the alternative mitigating circumstance of relationship.

(C) malicious mischief with the alternative aggravating circumstance of relationship.

(D) RIGHT ANSWER the civil damage he caused.

(60) The classification of felonies into grave, less grave, and light is important in ascertaining

(A) if certain crimes committed on the same occasion can be complexed.

(B) the correct penalty for crimes committed through reckless imprudence.

(C) whether the offender is liable as an accomplice.

(D) what stage of the felony has been reached.

(61) A child in conflict with the law shall enjoy all the rights of a child until

(A) he is found to have acted with discernment.

(B) his minority is setoff by some aggravating circumstance.

(C) he is proved to be 18 years or older.

(D) he forfeits such rights by gross misconduct and immorality.

(62) Mr. P owns a boarding house where he knowingly allowed children to be videotaped while simulating
explicit sexual activities. What is Mr. P's criminal liability, if any?

(A) Corruption of minors under the Penal Code

(B) Violation of the Child Pornography Act

(C) Violation of the Child Abuse Law

 (D) None

(63) W allowed a man to have sex with her thinking that he was her husband. After realizing that the
man was not her husband, W stabbed him to death. Under the circumstances, the mitigating
circumstance in attendance constitutes

(A) defense of honor.

(B) immediate vindication of a grave offense.

(C) passion or obfuscation.

(D) self-defense.

(64) The prescriptive period for bigamy is 15 years counted from the date of the

(A) discovery of the second marriage by the offended spouse.

(B) registration of the second marriage in the Local Civil Registry.

(C) celebration or solemnization of the second marriage.

(D) discovery of the second marriage by the authorities.

(65) After properly waiving his Miranda rights, the offender led the police to where he buried the gun he
used in shooting the victim. How does this affect his liability?

(A) This serves as an analogous mitigating circumstance of voluntary surrender.

(B) It has no effect at all since the law provides none.

(C) He is considered to have confessed to murder.

(D) This serves as aggravating circumstance of concealment of weapon.

(66) A qualifying aggravating circumstance

(A) changes the description and the nature of the offense.

(B) increases the penalty to its next degree but absorbs all the other aggravating circumstances.

(C) raises the penalty by two periods higher.

(D) is one which applies only in conjunction with another aggravating circumstance.

(67) X inflicted serious injuries on Y. Because of delay in providing medical treatment to Y, he died. Is X
criminally liable for the death of Y?

(A) Yes because the delay did not break the causal connection between X's felonious act and the
injuries sustained by Y.
 (B) Yes because any intervening cause between the infliction of injury and death is immaterial.

(C) No because the infliction of injury was not the immediate cause of the death.

(D) No because the delay in the administration of the medical treatment was an intervening
cause.

(68) In an attempted felony, the offender’s preparatory act

(A) itself constitutes an offense.

(B) must seem connected to the intended crime.

(C) must not be connected to the intended crime.

(D) requires another act to result in a felony.

(69) X inflicted violent kicks on vital parts of E's body. E nevertheless was able to flee for fear of his life.
Refusing to undergo treatment for his injuries, E died 3 days later. Is X liable for E’s death?

(A) No, since kicks on the body cannot cause death.

(B) No, since it took too long for death to occur.

(C) Yes, since E cannot be compelled to undergo medical treatment.

(D) Yes, since it was a natural result of the injuries X inflicted on E.

(70) 003-1137-0001 A criminal action for rape is extinguished when the offender is forgiven by

(A) RIGHT ANSWER the offender’s wife who herself is the rape victim.

(B) his wife for having raped another woman.

(C) the rape victim’s husband.

(D) the rape victim herself.

(71) A battered woman claiming self-defense under the Anti-Violence against Women and Children must
prove that the final acute battering episode was preceded by

(A) 3 battering episodes.

(B) 4 battering episodes.

(C) 5 battering episodes.

(D) 2 battering episodes.

(72) A special complex crime is a composite crime

 (A) made up of 2 or more crimes defined in the Penal Code.

(B) with its own definition and special penalty provided by the Penal Code.

(C) with its own definition and special penalty provided by a special penal law.

(D) made up of 2 or more crimes defined in the Penal Code and special penal laws.

(73) What court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel
of Russian registry while the vessel is anchored outside the breakwaters of the Manila bay?

(A) The Indonesian court.

(B) The Russian court.

(C) The Philippine court.

(D) Any court that first asserts jurisdiction over the case.

(74) X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y but also
Z who was in the store. As a case of aberratio ictus, it is punishable as a

(A) complex crime proper.

(B) special complex crime.

(C) continuing crime.

(D) compound crime.

(75) A proposal to commit a felony is punishable only when the law specifically provides a penalty for it
as in the case of proposal to commit

(A) rebellion.

(B) sedition.

(C) espionage.

(D) highway robbery.

 Bar Examination Questionnaire for Commercial Law
Set A

(1) P rode a Sentinel Liner bus going to Baguio from Manila. At a stop-over in Tarlac, the bus driver, the
conductor, and the passengers disembarked for lunch. P decided, however, to remain in the bus, the
door of which was not locked. At this point, V, a vendor, sneaked into the bus and offered P some
refreshments. When P rudely declined, V attacked him, resulting in P suffering from bruises and
contusions. Does he have cause to sue Sentinel Liner?

(A) Yes, since the carrier's crew did nothing to protect a passenger who remained in the bus
during the stop-over.

(B) No, since the carrier's crew could not have foreseen the attack.

(C) Yes, since the bus is liable for anything that goes wrong in the course of a trip.

(D) No, since the attack on P took place when the bus was at a stop-over.

(2) A cargo ship of X Shipping, Co. ran aground off the coast of Cebu during a storm and lost all its cargo
amounting to Php50 Million. The ship itself suffered damages estimated at Php80 Million. The cargo
owners filed a suit against X Shipping but it invoked the doctrine of limited liability since its vessel
suffered an Php80 Million damage, more than the collective value of all lost cargo. Is X Shipping correct?

(A) Yes, since under that doctrine, the value of the lost cargo and the damage to the ship can be
set-off.

(B) No, since each cargo owner has a separate and individual claim for damages.

(C) Yes, since the extent of the ship’s damage was greater than that of the value of the lost
cargo.

(D) No, since X Shipping neither incurred a total loss nor abandoned its ship.

(3) A writes a promissory note in favor of his creditor, B. It says: "Subject to my option, I promise to pay
B Php1 Million or his order or give Php1 Million worth of cement or to authorize him to sell my house
worth Php1 Million. Signed, A." Is the note negotiable?

(A) No, because the exercise of the option to pay lies with A, the maker and debtor.

(B) No, because it authorizes the sale of collateral securities in case the note is not paid at
maturity.

(C) Yes, because the note is really payable to B or his order, the other provisions being merely
optional.

(D) Yes, because an election to require something to be done in lieu of payment of money does
not affect negotiability.

(4) ABC Corp. increased its capital stocks from Php10 Million to Php15 Million and, in the process, issued
1,000 new shares divided into Common Shares "B" and Common Shares "C." T, a stockholder owning 500
shares, insists on buying the newly issued shares through a right of pre-emption. The company claims,
however, that its By-laws deny T any right of pre-emption. Is the corporation correct?

(A) No, since the By-Laws cannot deny a shareholder his right of pre-emption.

(B) Yes, but the denial of his pre-emptive right extends only to 500 shares.

(C) Yes, since the denial of the right under the By-laws is binding on T.

(D) No, since pre-emptive rights are governed by the articles of incorporation.

(5) M makes a promissory note that states: "I, M, promise to pay Php5,000.00 to B or bearer. Signed, M."
M negotiated the note by delivery to B, B to N, and N to O. B had known that M was bankrupt when M
issued the note. Who would be liable to O?

(A) M and N since they may be assumed to know of M's bankruptcy

(B) N, being O's immediate negotiator of a bearer note

(C) B, M, and N, being indorsers by delivery of a bearer note

(D) B, having known of M's bankruptcy

(6) S delivered 10 boxes of cellphones to Trek Bus Liner, for transport from Manila to Ilocos Sur on the
following day, for which S paid the freightage. Meanwhile, the boxes were stored in the bus liner’s
bodega. That night, however, a robber broke into the bodega and stole S’s boxes. S sues Trek Bus Liner
for contractual breach but the latter argues that S has no cause of action based on such breach since the
loss occurred while the goods awaited transport. Who is correct?

(A) The bus liner since the goods were not lost while being transported.

(B) S since the goods were unconditionally placed with T for transportation.

(C) S since the freightage for the goods had been paid.

(D) The bus liner since the loss was due to a fortuitous event.

(7) X Corp. operates a call center that received orders for pizzas on behalf of Y Corp. which operates a
chain of pizza restaurants. The two companies have the same set of corporate officers. After 2 years, X
Corp. dismissed its call agents for no apparent reason. The agents filed a collective suit for illegal
dismissal against both X Corp. and Y Corp. based on the doctrine of piercing the veil of corporate fiction.
The latter set up the defense that the agents are in the employ of X Corp. which is a separate juridical
entity. Is this defense appropriate?

(A) No, since the doctrine would apply, the two companies having the same set of corporate
officers.

(B) No, the real employer is Y Corp., the pizza company, with X Corp. serving as an arm for
receiving its outside orders for pizzas.
 (C) Yes, it is not shown that one company completely dominates the finances, policies, and
business practices of the other.

(D) Yes, since the two companies perform two distinct businesses.

(8) A negotiable instrument can be indorsed by way of a restrictive indorsement, which prohibits further
negotiation and constitutes the indorsee as agent of the indorser. As agent, the indorsee has the right,
among others, to

(A) demand payment of the instrument only.

(B) notify the drawer of the payment of the instrument.

(C) receive payment of the instrument.

(D) instruct that payment be made to the drawee.

(9) Under the Negotiable Instruments Law, a signature by procuration operates as a notice that the agent
has but a limited authority to sign. Thus, a person who takes a bill that is drawn, accepted, or indorsed
by procuration is duty-bound to inquire into the extent of the agent's authority by:

(A) examining the agent’s special power of attorney.

(B) examining the bill to determine the extent of such authority.

(C) asking the agent about the extent of such authority.

(D) asking the principal about the extent of such authority.

(10) Under the Negotiable Instruments Law, if the holder has a lien on the instrument which arises either
from a contract or by implication of law, he would be a holder for value to the extent of

(A) his successor's interest.

(B) his predecessor's interest.

(C) the lien in his favor.

(D) the amount indicated on the instrument's face.

(11) The liability of a common carrier for the goods it transports begins from the time of

(A) conditional receipt.

(B) constructive receipt.

(C) actual receipt.

(D) either actual or constructive receipt.

(12) On X’s failure to pay his loan to ABC Bank, the latter foreclosed the Real Estate Mortgage he
executed in its favor. The auction sale was set for Dec. 1, 2010 with the notices of sale published as the
law required. The sale was, however, cancelled when Dec. 1, 2010 was declared a holiday and re-
scheduled to Jan. 10, 2011 without republication of notice. The auction sale then proceeded on the new
date. Under the circumstances, the auction sale is

(A) rescissible.

(B) unenforceable.

(C) void.

(D) voidable.

(13) X executed a promissory note with a face value of Php50,000.00, payable to the order of Y. Y
indorsed the note to Z, to whom Y owed Php30,000.00. If X has no defense at all against Y, for how
much may Z collect from X?

(A) Php20,000.00, as he is a holder for value to the extent of the difference between Y's debt
and the value of the note.

(B) Php30,000.00, as he is a holder for value to the extent of his lien.

(C) Php50,000.00, but with the obligation to hold Php20,000.00 for Y's benefit.

(D) None, as Z's remedy is to run after his debtor, Y.

(14) Under the Anti-Money Laundering Law, a covered institution is required to maintain a system of
verifying the true identity of their clients as well as persons purporting to act on behalf of

(A) those doing business with such clients.

(B) unknown principals.

(C) the covered institution.

(D) such clients.

(15) It is settled that neither par value nor book value is an accurate indicator of the fair value of a share
of stock of a corporation. As to unpaid subscriptions to its shares of stock, as they are regarded as
corporate assets, they should be included in the

(A) capital value.

(B) book value.

(C) par value.

(D) market value.

(16) P sold to M 10 grams of shabu worth Php5,000.00. As he had no money at the time of the sale, M
wrote a promissory note promising to pay P or his order Php5,000. P then indorsed the note to X (who
did not know about the shabu), and X to Y. Unable to collect from P, Y then sued X on the note. X set up
the defense of illegality of consideration. Is he correct?

(A) No, since X, being a subsequent indorser, warrants that the note is valid and subsisting.

(B) No, since X, a general indorser, warrants that the note is valid and subsisting.

(C) Yes, since a void contract does not give rise to any right.

(D) Yes, since the note was born of an illegal consideration which is a real defense.

(17) In a contract of carriage, the common carrier is liable for the injury or death of a passenger resulting
from its employee’s fault although the latter acted beyond the scope of his authority. This is based on the

(A) rule that the carrier has an implied duty to transport the passenger safely.

(B) rule that the carrier has an express duty to transport the passenger safely

(C) Doctrine of Respondeat Superior.

(D) rule in culpa aquiliana.

(18) A holder in due course holds the instrument free from any defect of title of prior parties and free
from defenses available to prior parties among themselves. An example of such a defense is -

(A) fraud in inducement.

(B) duress amounting to forgery.

(C) fraud in esse contractus.

(D) alteration.

(19) In elections for the Board of Trustees of non-stock corporations, members may cast as many votes
as there are trustees to be elected but may not cast more than one vote for one candidate. This is true -

(A) unless set aside by the members in plenary session.

(B) in every case even if the Board of Trustees resolves otherwise.

(C) unless otherwise provided in the Articles of Incorporation or in the By-laws.

(D) in every case even if the majority of the members decide otherwise during the elections.

(20) The rule is that the valuation of the shares of a stockholder who exercises his appraisal rights is
determined as of the day prior to the date on which the vote was taken. This is true -

(A) regardless of any depreciation or appreciation in the share's fair value.

 (B) regardless of any appreciation in the share's fair value.

(C) regardless of any depreciation in the share's fair value.

(D) only if there is no appreciation or depreciation in the share's fair value.

(21) T Shipping, Co. insured all of its vessels with R Insurance, Co. The insurance policies stated that the
insurer shall answer for all damages due to perils of the sea. One of the insured's ship, the MV Dona
Priscilla, ran aground in the Panama Canal when its engine pipes leaked and the oil seeped into the cargo
compartment. The leakage was caused by the extensive mileage that the ship had accumulated. May the
insurer be made to answer for the damage to the cargo and the ship?

(A) Yes, because the insurance policy covered any or all damage arising from perils of the sea.

(B) Yes, since there appears to have been no fault on the part of the shipowner and shipcaptain.

(C) No, since the proximate cause of the damage was the breach of warranty of seaworthiness of
the ship.

(D) No, since the proximate cause of the damage was due to ordinary usage of the ship, and
thus not due to a peril of the sea.

(22) X has been a long-time household helper of Z. X's husband, Y, has also been Z's long-time driver.
May Z insure the lives of both X and Y with Z as beneficiary?

(A) Yes, since X and Y render services to Z.

(B) No, since X and Y have no pecuniary interest on the life of Z arising from their employment
with him.

(C) No, since Z has no pecuniary interest in the lives of X and Y arising from their employment
with him.

(D) Yes, since X and Y are Z’s employees.

(23) X, Co., a partnership, is composed of A (capitalist partner), B (capitalist partner) and C (industrial
partner). If you were partner A, who between B and C would you have an insurable interest on, such that
you may then insure him?

(A) No one, as there is merely a partnership contract among A, B and C.

(B) Both B and C, as they are your partners.

(C) Only C, as he is an industrial partner.

(D) Only B, as he is a capitalist partner.

(24) X is the holder of an instrument payable to him (X) or his order, with Y as maker. X then indorsed it
as follows: "Subject to no recourse, pay to Z. Signed, X." When Z went to collect from Y, it turned out
that Y's signature was forged. Z now sues X for collection. Will it prosper?
 (A) Yes, because X, as a conditional indorser, warrants that the note is genuine.

(B) Yes, because X, as a qualified indorser, warrants that the note is genuine.

(C) No, because X made a qualified indorsement.

(D) No, because a qualified indorsement does not include the warranty of genuineness.

(25) A bill of exchange has T for its drawee, U as drawer, and F as holder. When F went to T for
presentment, F learned that T is only 15 years old. F wants to recover from U but the latter insists that a
notice of dishonor must first be made, the instrument being a bill of exchange. Is he correct?

(A) Yes, since a notice of dishonor is essential to charging the drawer.

(B) No, since T can waive the requirement of notice of dishonor.

(C) No, since F can treat U as maker due to the minority of T, the drawee.

(D) Yes, since in a bill of exchange, notice of dishonor is at all times required.

(26) An insured, who gains knowledge of a material fact already after the effectivity of the insurance
policy, is not obliged to divulge it. The reason for this is that the test of concealment of material fact is
determined

(A) at the time of the issuance of the policy.

(B) at any time before the payment of premium.

(C) at the time of the payment of the premium.

(D) at any time before the policy becomes effective.

(27) T, the captain of MV Don Alan, while asleep in his cabin, dreamt of an Intensity 8 earthquake along
the path of his ship. On waking up, he immediately ordered the ship to return to port. True enough, the
earthquake and tsunami struck three days later and his ship was saved. Was the deviation proper?

(A) Yes, because the deviation was made in good faith and on a reasonable ground for believing
that it was necessary to avoid a peril.

(B) No, because no reasonable ground for avoiding a peril existed at the time of the deviation.

(C) No, because T relied merely on his supposed gift of prophecy.

(D) Yes, because the deviation took place based on a reasonable belief of the captain.

(28) X, drawee of a bill of exchange, wrote the words: "Accepted, with promise to make payment within
two days. Signed, X." The drawer questioned the acceptance as invalid. Is the acceptance valid?

(A) Yes, because the acceptance is in reality a clear assent to the order of the drawer to pay.
 (B) Yes, because the form of the acceptance is really immaterial.

(C) No, because the acceptance must be a clear assent to the order of the drawer to pay.

(D) No, because the document must not express that the drawee will perform his promise within
two days.

(29) X came up with a new way of presenting a telephone directory in a mobile phone, which he dubbed
as the "iTel" and which uses lesser time for locating names and telephone numbers. May X have his "iTel"
copyrighted in his name?

(A) No, because it is a mere system or method.

(B) Yes, because it is an original creation.

(C) Yes, because it entailed the application of X's intellect.

(D) No, because it did not entail any application of X's intellect.

(30) D, debtor of C, wrote a promissory note payable to the order of C. C's brother, M, misrepresenting
himself as C’s agent, obtained the note from D, then negotiated it to N after forging C's signature. N
indorsed it to E, who indorsed it to F, a holder in due course. May F recover from E?

(A) No, since the forgery of C's signature results in the discharge of E.

(B) Yes, since only the forged signature is inoperative and E is bound as indorser.

(C) No, since the signature of C, the payee, was forged.

(D) Yes, since the signature of C is immaterial, he being the payee.

(31) A material alteration of an instrument without the assent of all parties liable thereon results in its
avoidance, EXCEPT against a

(A) prior indorsee.

(B) subsequent acceptor.

(C) subsequent indorser.

(D) prior acceptor.

(32) X constituted a chattel mortgage on a car (valued at Php1 Million pesos) to secure a P500,000.00
loan. For the mortgage to be valid, X should have

(A) the right to mortgage the car to the extent of half its value.

(B) ownership of the car.

(C) unqualified free disposal of his car.

 (D) registered the car in his name.

(33) B borrowed Php1 million from L and offered to him his BMW car worth Php1 Million as collateral. B
then executed a promissory note that reads: "I, B, promise to pay L or bearer the amount of Php1 Million
and to keep my BMW car (loan collateral) free from any other encumbrance. Signed, B." Is this note
negotiable?

(A) Yes, since it is payable to bearer.

(B) Yes, since it contains an unconditional promise to pay a sum certain in money.

(C) No, since the promise to just pay a sum of money is unclear.

(D) No, since it contains a promise to do an act in addition to the payment of money.

(34) A bank can be placed under receivership when, if allowed to continue in business, its depositors or
creditors would incur

(A) probable losses

(B) inevitable losses

(C) possible losses

(D) a slight chance of losses

(35) EFG Foundation, Inc., a non-profit organization, scheduled an election for its six-member Board of
Trustees. X, Y and Z, who are minority members of the foundation, wish to exercise cumulative voting in
order to protect their interest, although the Foundation's Articles and By-laws are silent on the matter. As
to each of the three, what is the maximum number of votes that he/she can cast?

(A) 6

(B) 9

(C) 12

(D) 3

(36) If the drawer and the drawee are the same person, the holder may present the instrument for
payment without need of a previous presentment for acceptance. In such a case, the holder treats it as a

(A) non-negotiable instrument.

(B) promissory note.

(C) letter of credit.

(D) check.
(37) D draws a bill of exchange that states: "One month from date, pay to B or his order Php100,000.00.
Signed, D." The drawee named in the bill is E. B negotiated the bill to M, M to N, N to O, and O to P. Due
to non-acceptance and after proceedings for dishonor were made, P asked O to pay, which O did. From
whom may O recover?

(A) B, being the payee

(B) N, as indorser to O

(C) E, being the drawee

(D) D, being the drawer

(38) T, an associate attorney in XYZ Law Office, wrote a newspaper publisher a letter disputing a
columnist’s claim about an incident in the attorney’s family. T used the law firm’s letterhead and its
computer in preparing the letter. T also requested the firm’s messenger to deliver the letter to the
publisher. Who owns the copyright to the letter?

(A) T, since he is the original creator of the contents of the letter.

(B) Both T and the publisher, one wrote the letter to the other who has possession of it.

(C) The law office since T was an employee and he wrote it on the firm’s letterhead.

(D) The publisher to whom the letter was sent.

(39) E received goods from T for display and sale in E's store. E was to turn over to T the proceeds of
any sale and return the ones unsold. To document their agreement, E executed a trust receipt in T’s
favor covering the goods. When E failed to turn over the proceeds from his sale of the goods or return
the ones unsold despite demand, he was charged in court for estafa. E moved to dismiss on the ground
that his liability is only civil. Is he correct?

(A) No, since he committed fraud when he promised to pay for the goods and did not.

(B) No, since his breach of the trust receipt agreement subjects him to both civil and criminal
liability for estafa.

(C) Yes, since E cannot be charged with estafa over goods covered a trust receipt.

(D) Yes, since it was merely a consignment sale and the buyer could not pay.

(40) The authorized alteration of a warehouse receipt which does not change its tenor renders the
warehouseman liable according to the terms of the receipt

(A) in its original tenor if the alteration is material.

(B) in its original tenor.

(C) as altered if there is fraud.

 (D) as altered.

(41) Any agreement binding upon the holder to extend the time of payment or to postpone the holder's
right to enforce the instrument results in the discharge of the party secondarily liable unless made with
the latter's consent. This agreement refers to one which the holder made with the

(A) principal debtor.

(B) principal creditor.

(C) secondary creditor.

(D) secondary debtor.

(42) Upon execution of a trust receipt over goods, the party who is obliged to release such goods and
who retains security interest on those goods, is called the

(A) holder.

(B) shipper.

(C) entrustee.

(D) entrustor.

(43) X, warehouseman, sent a text message to Y, to whom X had issued a warehouse receipt for Y's 500
sacks of corn, notifying him of the due date and time to settle the storage fees. The message stated also
that if Y does not settle the warehouse charges within 10 days, he will advertise the goods for sale at a
public auction. When Y ignored the demand, X sold 100 sacks of corn at a public auction. For X’s failure
to comply with the statutory requirement of written notice to satisfy his lien, the sale of the 100 sacks of
corn is

(A) voidable.

(B) rescissible.

(C) unenforceable.

(D) void.

(44) On June 1, 2011, X mailed to Y Insurance, Co. his application for life insurance, with payment for 5
years of premium enclosed in it. On July 21, 2011, the insurance company accepted the application and
mailed, on the same day, its acceptance plus the cover note. It reached X's residence on August 11,
2011. But, as it happened, on August 4, 2011, X figured in a car accident. He died a day later. May X's
heirs recover on the insurance policy?

(A) Yes, since under the Cognition Theory, the insurance contract was perfected upon
acceptance by the insurer of X's application.

(B) No, since there is no privity of contract between the insurer and X’s heirs.
 (C) No, since X had no knowledge of the insurer's acceptance of his application before he died.

(D) Yes, since under the Manifestation Theory, the insurance contract was perfected upon
acceptance of the insurer of X's application.

(45) A bill of exchange has D as drawer, E as drawee and F as payee. The bill was then indorsed to G, G
to H, and H to I. I, the current holder presented the bill to E for acceptance. E accepted but, as it later
turned out, D is a fictitious person. Is E freed from liability?

(A) No, since by accepting, E admits the existence of the drawer.

(B) No, since by accepting, E warrants that he is solvent.

(C) Yes, if E was not aware of that fact at the time of acceptance.

(D) Yes, since a bill of exchange with a fictitious drawer is void and inexistent.

(46) Due to his debt to C, D wrote a promissory note which is payable to the order of C. C's brother, M,
misrepresenting himself as agent of C, obtained the note from D. M then negotiated the note to N after
forging the signature of C. May N enforce the note against D?

(A) Yes, since D is the principal debtor.

(B) No, since the signature of C was forged.

(C) No, since it is C who can enforce it, the note being payable to the order of C.

(D) Yes, since D, as maker, is primarily liable on the note.

(47) T Corp. has a corporate term of 20 years under its Articles of Incorporation or from June 1, 1980 to
June 1, 2000. On June 1, 1991 it amended its Articles of Incorporation to extend its life by 15 years from
June 1, 1980 to June 1, 2015. The SEC approved this amendment. On June 1, 2011, however, T Corp
decided to shorten its term by 1 year or until June 1, 2014. Both the 1991 and 2011 amendments were
approved by majority vote of its Board of Directors and ratified in a special meeting by its stockholders
representing at least 2/3 of its outstanding capital stock. The SEC, however, disapproved the 2011
amendment on the ground that it cannot be made earlier than 5 years prior to the expiration date of the
corporate term, which is June 1, 2014. Is this SEC disapproval correct?

(A) No, since the 5-year rule on amendment of corporate term applies only to extension, not to
shortening, of term.

(B) Yes, any amendment affecting corporate term cannot be made earlier than 5 years prior to
the corporation’s expiration date.

(C) No, since a corporation can in fact have a corporate life of 50 years.

(D) Yes, the amendment to shorten corporate term cannot be made earlier than 5 years prior to
the corporation’s expiration date.
(48) B, while drunk, accepted a passenger in his taxicab. B then drove the taxi recklessly, and inevitably,
it crashed into an electric post, resulting in serious physical injuries to the passengers. The latter then
filed a suit for tort against B's operator, A, but A raised the defense of having exercised extraordinary
diligence in the safety of the passenger. Is his defense tenable?

(A) Yes, as a common carrier can rebut the presumption of negligence by raising such a defense.

(B) No, as in tort actions, the proper defense is due diligence in the selection and supervision of
the employee by the employer.

(C) No, as B, the common carrier's employee, was obviously negligent due to his intoxication.

(D) Yes, as a common carrier can invoke extraordinary diligence in the safety of passengers in
tort cases.

(49)X is a director in T Corp. who was elected to a 1-year term on Feb. 1, 2010. On April 11, 2010, X
resigned and was replaced by R, who assumed as director on May 17, 2010. On Nov. 21, 2010, R died. S
was then elected in his place. Until which time should S serve as director?

(A) April 11, 2011.

(B) Feb. 1, 2011.

(C) May 17, 2011.

(D) Nov. 21, 2011.

(50) M, the maker, issued a promissory note to P, the payee which states: "I, M, promise to pay P or
order the amount of Php1 Million. Signed, M." P negotiated the note by indorsement to N, then N to O
also by indorsement, and O to Q, again by indorsement. But before O indorsed the note to Q, O's wife
wrote the figure "2" on the note after "Php1" without O's knowledge, making it appear that the note is
for Php12 Million. For how much is O liable to Q?

(A) Php1 Million since it is the original tenor of the note.

(B) Php1 Million since he warrants that the note is genuine and in all respects what it purports to
be.

(C) Php12 Million since he warrants his solvency and that he has a good title to the note.

(D) Php12 Million since he warrants that the note is genuine and in all respects what it purports
to be.

(51) X Corp., whose business purpose is to manufacture and sell vehicles, invested its funds in Y Corp.,
an investment firm, through a resolution of its Board of Directors. The investment grew tremendously on
account of Y Corp.'s excellent business judgment. But a minority stockholder in X Corp. assails the
investment as ultra vires. Is he right and, if so, what is the status of the investment?

(A) Yes, it is an ultra vires act of the corporation itself but voidable only, subject to stockholders’
ratification.
 (B) Yes, it is an ultra vires act of its Board of Directors and thus void.

(C) Yes, it is an ultra vires act of its Board of Directors but voidable only, subject to stockholders’
ratification.

(D) Yes, it is an ultra vires act of the corporation itself and, consequently, void.

(52) Notice of dishonor is not required to be made in all cases. One instance where such notice is not
necessary is when the indorser is the one to whom the instrument is suppose to be presented for
payment. The rationale here is that the indorser

(A) already knows of the dishonor and it makes no sense to notify him of it.

(B) is bound to make the acceptance in all cases.

(C) has no reason to expect the dishonor of the instrument.

(D) must be made to account for all his actions.

(53) "Eagleson Refillers, Co.," a firm that sells water to the public, opposes the trade name application of
"Eagleson Laundry, Co.," on the ground that such trade name tends to deceive trade circles or confuse
the public with respect to the water firm’s registered trade name. Will the opposition prosper?

(A) Yes, since such use is likely to deceive or confuse the public.

(B) Yes, since both companies use water in conducting their business.

(C) No, since the companies are not engaged in the same line of business.

(D) No, since the root word "Eagle" is a generic name not subject to registration.

(54) For a constructive total loss to exist in marine insurance, it is required that the person insured
relinquish his interest in the thing insured. This relinquishment must be

(A) actual.

(B) constructive first and if it fails, then actual.

(C) either actual or constructive.

(D) constructive.

(55) The Corporation Code sanctions a contract between two or more corporations which have
interlocking directors, provided there is no fraud that attends it and it is fair and reasonable under the
circumstances. The interest of an interlocking director in one corporation may be either substantial or
nominal. It is nominal if his interest:

(A) does not exceed 25% of the outstanding capital stock.

(B) exceeds 25% of the outstanding capital stock.

 (C) exceeds 20% of the outstanding capital stock.

(D) does not exceed 20% of the outstanding capital stock.

(56) X, an amateur astronomer, stumbled upon what appeared to be a massive volcanic eruption in
Jupiter while peering at the planet through his telescope. The following week, X, without notes,
presented a lecture on his findings before the Association of Astronomers of the Philippines. To his
dismay, he later read an article in a science journal written by Y, a professional astronomer, repeating
exactly what X discovered without any attribution to him. Has Y infringed on X's copyright, if any?

(A) No, since X did not reduce his lecture in writing or other material form.

(B) Yes, since the lecture is considered X’s original work.

(C) No, since no protection extends to any discovery, even if expressed, explained, illustrated, or
embodied in a work.

(D) Yes, since Y’s article failed to make any attribution to X.

(57) In case of disagreement between the corporation and a withdrawing stockholder who exercises his
appraisal right regarding the fair value of his shares, a three-member group shall by majority vote resolve
the issue with finality. May the wife of the withdrawing stockholder be named to the threemember
group?

(A) No, the wife of the withdrawing shareholder is not a disinterested person.

(B) Yes, since she could best protect her husband's shareholdings.

(C) Yes, since the rules do not discriminate against wives.

(D) No, since the stockholder himself should sit in the three-member group.

(58) Apart from economic rights, the author of a copyright also has moral rights which he may transfer
by way of assignment. The term of these moral rights shall last

(A) during the author's lifetime and for 50 years after his death.

(B) forever.

(C) 50 years from the time the author created his work.

(D) during the author's lifetime.

(59) Which of the following indorsers expressly warrants in negotiating an instrument that 1) it is genuine
and true; 2) he has a good title to it; 3) all prior parties have capacity to negotiate; and 4) it is valid and
subsisting at the time of his indorsement?

(A) The irregular indorser.

(B) The regular indorser.

 (C) The general indorser.

(D) The qualified indorser.

(60) Where the insurer was made to pay the insured for a loss covered by the insurance contract, such
insurer can run after the third person who caused the loss through subrogation. What is the basis for
conferring the right of subrogation to the insurer?

(A) Their express stipulation in the contract of insurance.

(B) The equitable assignment that results from the insurer’s payment of the insured.

(C) The insured’s formal assignment of his right to indemnification to the insurer.

(D) The insured’s endorsement of its claim to the insurer.

(61) X invented a device which, through the use of noise, can recharge a cellphone battery. He applied
for and was granted a patent on his device, effective within the Philippines. As it turns out, a year before
the grant of X's patent, Y, also an inventor, invented a similar device which he used in his cellphone
business in Manila. But X files an injunctive suit against Y to stop him from using the device on the
ground of patent infringement. Will the suit prosper?

(A) No, since the correct remedy for X is a civil action for damages.

(B) No, since Y is a prior user in good faith.

(C) Yes, since X is the first to register his device for patent registration.

(D) Yes, since Y unwittingly used X’s patented invention.

(62) P, a sales girl in a flower shop at the Ayala Station of the Metro Rail Transit (MRT) bought two
tokens or tickets, one for her ride to work and another for her ride home. She got to her flower shop
where she usually worked from 8 a.m. to 5 p.m. At about 3 p.m., while P was attending to her duties at
the flower shop, two crews of the MRT got into a fight near the flower shop, causing injuries to P in the
process. Can P sue the MRT for contractual breach as she was within the MRT premises where she would
shortly take her ride home?

(A) No, since the incident took place, not in an MRT train coach, but at the MRT station.

(B) No, since P had no intention to board an MRT train coach when the incident occured.

(C) Yes, since she already had a ticket for her ride home and was in the MRTs premises at the
time of the incident.

(D) Yes, since she bought a round trip ticket and MRT had a duty while she was at its station to
keep her safe for her return trip.

(63) Forgery of bills of exchange may be subdivided into, a) forgery of an indorsement on the bill and b)
forgery of the drawer's signature, which may either be with acceptance by the drawee, or
 (A) with acceptance but the bill is paid by the drawee.

(B) without acceptance but the bill is paid by the drawer.

(C) without acceptance but the bill is paid by the drawee.

(D) with acceptance but the bill is paid by the drawer.

(64) If an insurance policy prohibits additional insurance on the property insured without the insurer's
consent, such provision being valid and reasonable, a violation by the insured

(A) reduces the value of the policy.

(B) avoids the policy.

(C) offsets the value of the policy with the additional insurances’s value.

(D) forfeits premiums already paid.

(65) X found a check on the street, drawn by Y against ABC Bank, with Z as payee. X forged Z's signature
as an indorser, then indorsed it personally and delivered it to DEF Bank. The latter, in turn, indorsed it to
ABC Bank which charged it to the Y’s account. Y later sued ABC Bank but it set up the forgery as its
defense. Will it prosper?

(A) No, since the payee's signature has been forged.

(B) No, since Y’s remedy is to run after the forger, X.

(C) Yes, since forgery is only a personal defense.

(D) Yes, since ABC Bank is bound to know the signature of Y, its client.

(66) The rule is that no stock dividend shall be issued without the approval of stockholders representing
at least 2/3 of the outstanding capital stock at a regular or special meeting called for the purpose. As to
other forms of dividends:

(A) a mere majority of the entire Board of Directors applies.

(B) a mere majority of the quorum of the Board of Directors applies.

(C) a mere majority of the votes of stockholders representing the outstanding capital stock
applies.

(D) the same rule of 2/3 votes applies.

(67) X, at Y’s request, executed a Real Estate Mortgage (REM) on his (X’s) land to secure Y's loan from Z.
Z successfully foreclosed the REM when Y defaulted on the loan but half of Y's obligation remained
unpaid. May Z sue X to enforce his right to the deficiency?

(A) Yes, but solidarily with Y.

 (B) Yes, since X’s is deemed to warrant that his land would cover the whole obligation.

(C) No, since it is the buyer at the auction sale who should answer for the deficiency.

(D) No, because X is not Z’s debtor.

(68) May a publicly listed universal bank own 100% of the voting stocks in another universal bank and in
a commercial bank?

(A) Yes, if with the permission of the Bangko Sentral ng Pilipinas.

(B) No, since it has no power to invest in equities.

(C) Yes, as there is no prohibition on it.

(D) No, since under the law, the 100% ownership on voting stocks must be in either bank only.

(69) Perils of the ship, under marine insurance law, refer to loss which in the ordinary course of events
results from

(A) natural and inevitable actions of the sea.

(B) natural and ordinary actions of the sea.

(C) unnatural and inevitable actions of the sea.

(D) unnatural and ordinary actions of the sea.

(70) Under the Intellectual Property Code, lectures, sermons, addresses or dissertations prepared for oral
delivery, whether or not reduced in writing or other material forms, are regarded as

(A) non-original works.

(B) original works.

(C) derivative works.

(D) not subject to protection.

(71) Can a drawee who accepts a materially altered check recover from the holder and the drawer?

(A) No, he cannot recover from either of them.

(B) Yes from both of them.

(C) Yes but only from the drawer.

(D) Yes but only from the holder.

(72) The rule is that the intentional cancellation of a person secondarily liable results in the discharge of
the latter. With respect to an indorser, the holder's right to cancel his signature is:

(A) without limitation.

(B) not limited to the case where the indorsement is necessary to his title.

(C) limited to the case where the indorsement is not necessary to his title.

(D) limited to the case where the indorsement is necessary to his title.

(73) X, in the hospital for kidney dysfunction, was about to be discharged when he met his friend Y. X
told Y the reason for his hospitalization. A month later, X applied for an insurance covering serious
illnesses from ABC Insurance, Co., where Y was working as Corporate Secretary. Since X had already told
Y about his hospitalization, he no longer answered a question regarding it in the application form. Would
this constitute concealment?

(A) Yes, since the previous hospitalization would influence the insurer in deciding whether to
grant X's application.

(B) No, since Y may be regarded as ABC’s agent and he already knew of X’s previous
hospitalization.

(C) Yes, it would constitute concealment that amounts to misrepresentation on X's part.

(D) No, since the previous illness is not a material fact to the insurance coverage.

(74) Several American doctors wanted to set up a group clinic in the Philippines so they could render
modern medical services. If the clinic is to be incorporated under our laws, what is the required foreign
equity participation in such a corporation?

(A) 40%

(B) 0%

(C) 60%

(D) 70%

(75) X executed a promissory note in favor of Y by way of accommodation. It says: "Pay to Y or order the
amount of Php50,000.00. Signed, X." Y then indorsed the note to Z, and Z to T. When T sought collection
from Y, the latter countered as indorser that there should have been a presentment first to the maker
who dishonors it. Is Y correct?

(A) No, since Y is the real debtor and thus, there is no need for presentment for payment and
dishonor by the maker.

(B) Yes, since as an indorser who is secondarily liable, there must first be presentment for
payment and dishonor by the maker.
 (C) No, since the absolute rule is that there is no need for presentment for payment and dishonor
to hold an indorser liable.

(D) Yes, since the secondary liability of Y and Z would only arise after presentment for payment
and dishonor by the maker.

(76) The Board of Directors of XYZ Corp. unanimously passed a Resolution approving the taking of steps
that in reality amounted to willful tax evasion. On discovering this, the government filed tax evasion
charges against all the company’s members of the board of directors. The directors invoked the defense
that they have no personal liability, being mere directors of a fictional being. Are they correct?

(A) No, since as a rule only natural persons like the members of the board of directors can
commit corporate crimes.

(B) Yes, since it is the corporation that did not pay the tax and it has a personality distinct from
its directors.

(C) Yes, since the directors officially and collectively performed acts that are imputable only to
the corporation.

(D) No, since the law makes directors of the corporation solidarily liable for gross negligence and
bad faith in the discharge of their duties.

(77) T is the registered trademark owner of "CROCOS" which he uses on his ready-to-wear clothes.
Banking on the popularity of T's trade mark, B came up with his own "CROCOS" mark, which he then
used for his "CROCOS" burgers. T now sues B for trademark infringement but B argues that his product is
a burger, hence, there is no infringement. Is B correct?

(A) No, since the owner of a well-known mark registered in the Philippines has rights that
extends even to dissimilar kinds of goods.

(B) Yes, since the right of the owner of a well-known mark registered in the Philippines does not
extend to goods which are not of the same kind.

(C) Yes, as B was in bad faith in coming up with his own "CROCOS" mark.

(D) No, since unlike T, he did not register his own "CROCOS" mark for his product.

(78) A, the proprietor of a fleet of ten taxicabs, decides to adopt, as his business name, "A Transport Co.,
Inc." May this be allowed?

(A) No, it would be deceptive since he is a proprietor, not a corporation.

(B) No, since "A" is a generic name, not suitable for registration.

(C) Yes, since his line of business is public transportation.

(D) Yes, since such name would give his business a corporate identity.
(79) T delivers two refrigerators to the warehouse of W who then issues a negotiable receipt undertaking
the delivery of the refrigerators to "T or bearer." T entrusted the receipt to B for safekeeping only. B
negotiated it, however, to F who bought it in good faith and for value. Who is entitled to the delivery of
the refrigerators?

(A) T, since he is the real owner of the refrigerators.

(B) F, since he is a purchaser in good faith and for value.

(C) B, since T entrusted the receipt to him.

(D) W, since he has as a warehouseman a lien on the goods.

(80) The Articles of Incorporation must be accompanied by a Treasurer's Affidavit certifying under oath,
among others, that the total subscription paid is:

(A) not less than P25,000.00.

(B) not more than P5,000.00.

(C) RIGHT ANSWER not less than P5,000.00.

(D) not more than P25,000.00.

(81) In a special meeting called for the purpose, 2/3 of the stockholders representing the outstanding
capital stock in X. Co. authorized the company's Board of Directors to amend its By-laws. By majority
vote, the Board then approved the amendment. Is this amendment valid?

(A) No since the stockholders cannot delegate their right to amend the By-laws to the Board.

(B) Yes since the majority votes in the Board was sufficient to amend the By-laws.

(C) No, because the voting in the Board should have been by majority of a quorum.

(D) Yes since the votes of 2/3 of the stockholders and majority of the Board were secured.

(82) A group of Malaysians wanted to invest in the Philippines’ insurance business. After negotiations,
they agreed to organize "FIMA Insurance Corp." with a group of Filipino businessmen. FIMA would have a
PhP50 Million paid up capital, PhP40 Million of which would come from the Filipino group. All corporate
officers would be Filipinos and 8 out of its 10-member Board of Directors would be Filipinos. Can FIMA
operate an insurance business in the Philippines?

(A) No, since an insurance company must have at least PhP75 Million paid-up capital.

(B) Yes, since there is substantial compliance with our nationalization laws respecting paid-up
capital and Filipino dominated Board of Directors.

(C) Yes, since FIMA’s paid up capital more than meets the country’s nationalization laws.

(D) No, since an insurance company should be 100% owned by Filipinos.

(83) Under the Public Service Act, an administrative agency has the power to approve provisionally the
rates of public utilities without a hearing in case of urgent public needs. The exercise of this power is

(A) supervisory.

(B) absolute.

(C) discretionary.

(D) mandatory.

(84) X, creditor of Y, obtained a judgment in his favor in connection with Y's unpaid loan to him. The
court's sheriff then levied on the goods that Y stored in T's warehouse, for which the latter issued a
warehouse receipt. A month before the levy, however, Z bought the warehouse receipt for value. Who
has a better right over the goods?

(A) T, being the warehouseman with a lien on the goods

(B) Z, being a purchaser for value of the warehouse receipt

(C) X, being Y’s judgment creditor

(D) Y, being the owner of the goods

(85) A promissory note states, on its face: "I, X, promise to pay Y the amount of Php 5,000.00 five days
after completion of the on-going construction of my house. Signed, X." Is the note negotiable?

(A) Yes, since it is payable at a fixed period after the occurrence of a specified event.

(B) No, since it is payable at a fixed period after the occurrence of an event which may not
happen.

(C) Yes, since it is payable at a fixed period or determinable future time.

(D) No, since it should be payable at a fixed period before the occurrence of a specified event.

(86) P sold to M a pair of gecko (tuko) for Php50,000.00. M then issued a promissory note to P promising
to pay the money within 90 days. Unknown to P and M, a law was passed a month before the sale that
prohibits and declares void any agreement to sell gecko in the country. If X acquired the note in good
faith and for value, may he enforce payment on it?

(A) No, since the law declared void the contract on which the promissory note was founded.

(B) No, since it was not X who bought the gecko.

(C) Yes, since he is a holder in due course of a note which is distinct from the sale of gecko.

(D) Yes, since he is a holder in due course and P and M were not aware of the law that
prohibited the sale of gecko.
(87) P authorized A to sign a bill of exchange in his (P’s) name. The bill reads: "Pay to B or order the sum
of Php1 million. Signed, A (for and in behalf of P)." The bill was drawn on P. B indorsed the bill to C, C to
D, and D to E. May E treat the bill as a promissory note?

(A) No, because the instrument is payable to order and has been indorsed several times.

(B) Yes, because the drawer and drawee are one and the same person.

(C) No, because the instrument is a bill of exchange.

(D) Yes, because A was only an agent of P.

(88) Z wrote out an instrument that states: "Pay to X the amount of Php1 Million for collection only.
Signed, Z." X indorsed it to his creditor, Y, to whom he owed Php1 million. Y now wants to collect and
satisfy X's debt through the Php1 million on the check. May he validly do so?

(A) Yes, since the indorsement to Y is for Php1 Million.

(B) No, since Z is not a party to the loan between X and Y.

(C) No, since X is merely an agent of Z, his only right being to collect.

(D) Yes, since X owed Y Php1 Million.

(89) X Shipping, Co., insured its vessel MV Don Teodoro for Php100 Million with ABC Insurance, Co.
through T, an agent of X Shipping. During a voyage, the vessel accidentally caught fire and suffered
damages estimated at Php80 Million. T personally informed ABC Insurance that X Shipping was
abandoning the ship. Later, ABC insurance denied X Shipping’s claim for loss on the ground that a notice
of abandonment through its agent was improper. Is ABC Insurance right?

(A) Yes, since X Shipping should have ratified its agent’s action.

(B) No, since T, as agent of X Shipping who procured the insurance, can also give notice of
abandonment for his principal.

(C) Yes, since only the agent of X Shipping relayed the fact of abandonment.

(D) No, since in the first place, the damage was more than ¾ of the ship's value.

(90) A law was passed disqualifying former members of Congress from sitting in the Board of Directors of
government-owned or controlled corporations. Because of this, the Board of Directors of ABC Corp., a
government-owned and controlled corporation, disqualified C, a former Congressman, from continuing to
sit as one of its members. C objected, however, insisting that under the Corporation Code members of
the board of directors of corporations may only be removed by vote of stockholders holding 2/3 of its
outstanding capital stock in a regular or special meeting called for that purpose. Is C correct?

(A) Yes, since the new law cannot be applied to members of the board of directors already
elected prior to its passage.
 (B) No, since the disqualification takes effect by operation of law, it is sufficient that he was
declared no longer a member of the board.

(C) Yes, since the provisions of the Corporation Code applies as well to government-owned and
controlled corporations.

(D) No, since the board has the power to oust him even without the new law.

(91) 002-38-0001 G, a grocery goods supplier, sold 100 sacks of rice to H who promised to pay once he
has sold all the rice. H meantime delivered the goods to W, a warehouseman, who issued a warehouse
receipt. Without the knowledge of G and W, H negotiated the receipt to P who acquired it in good faith
and for value. P then claimed the goods from W, who released them. After the rice was loaded on a ship
bound for Manila, G invokes his right to stop the goods in transit due to his unpaid lien. Who has a better
right to the rice?

(A) RIGHT ANSWER P, since he has superior rights as a purchaser for value and in good faith.

(B) P, regardless of whether or not he is a purchaser for value and in good faith.

(C) G, since as an unpaid seller, he has the right of stoppage in transitu.

(D) W, since it appears that the warehouse charges have not been paid.

(92) In a signature by procuration, the principal is bound only in case the agent acted within the actual
limits of his authority. The signature of the agent in such a case operates as notice that he has

(A) a qualified authority to sign.

(B) a limited authority to sign.

(C) a special authority to sign.

(D) full authority to sign.

(93) In return for the 20 years of faithful service of X as a househelper to Y, the latter promised to pay
Php100,000.00 to X’s heirs if he (X) dies in an accident by fire. X agreed. Is this an insurance contract?

(A) Yes, since all the elements of an insurance contract are present.

(B) Yes, since X’ services may be regarded as the consideration.

(C) No, since Y actually made a conditional donation in X’s favor.

(D) No, since it is in fact an innominate contract between X and Y.

(94) A bill of exchange states on its face: "One (1) month after sight, pay to the order of Mr. R the
amount of Php50,000.00, chargeable to the account of Mr. S. Signed, Mr. T." Mr. S, the drawee,
accepted the bill upon presentment by writing on it the words "I shall pay Php30,000.00 three (3) months
after sight." May he accept under such terms, which varies the command in the bill of exchange?
 (A) Yes, since a drawee accepts according to the tenor of his acceptance.

(B) No, since, once he accepts, a drawee is liable according to the tenor of the bill.

(C) Yes, provided the drawer and payee agree to the acceptance.

(D) No, since he is bound as drawee to accept the bill according to its tenor.

(95) May the indorsee of a promissory note indorsed to him "for deposit" file a suit against the indorser?

(A) Yes, as long as the indorser received value for the restrictive indorsement.

(B) Yes, as long as the indorser received value for the conditional indorsement.

(C) Yes, whether or not the indorser received value for the conditional indorsement.

(D) Yes, whether or not the indorser received value for the restrictive indorsement.

(96) X issued a check in favor of his creditor, Y. It reads: " Pay to Y the amount of Seven Thousand
Hundred Pesos (Php700,000.00). Signed, X". What amount should be construed as true in such a case?

(A) Php700,000.00.

(B) Php700.00.

(C) Php7,000.00.

(D) Php700,100.00.

(97) Shipowner X, in applying for a marine insurance policy from ABC, Co., stated that his vessel usually
sails middle of August and with normally 100 tons of cargo. It turned out later that the vessel departed
on the first week of September and with only 10 tons of cargo. Will this avoid the policy that was issued?

(A) Yes, because there was breach of implied warranty.

(B) No, because there was no intent to breach an implied warranty.

(C) Yes, because it relates to a material representation.

(D) No, because there was only representation of intention.

(98) The Articles of Incorporation of ABC Transport Co., a public utility, provides for ten (10) members in
its Board of Directors. What is the prescribed minimum number of Filipino citizens in its Board?

(A) 10

(B) 6

(C) 7
 (D) 5

(99) P authorized A to sign a negotiable instrument in his (P’s) name. It reads: "Pay to B or order the
sum of Php1 million. Signed, A (for and in behalf of P)." The instrument shows that it was drawn on P. B
then indorsed to C, C to D, and D to E. E then treated it as a bill of exchange. Is presentment for
acceptance necessary in this case?

(A) No, since the drawer and drawee are the same person.

(B) No, since the bill is non-negotiable, the drawer and drawee being the same person.

(C) Yes, since the bill is payable to order, presentment is required for acceptance.

(D) Yes, in order to hold all persons liable on the bill.

(100) The corporate term of a stock corporation is that which is stated in its Articles of Incorporation. It
may be extended or shortened by an amendment of the Articles when approved by majority of its Board
of Directors and:

(A) approved and ratified by at least 2/3 of all stockholders.

(B) approved by at least 2/3 of the stockholders representing the outstanding capital stock.

(C) ratified by at least 2/3 of all stockholders.

(D) ratified by at least 2/3 of the stockholders representing the outstanding capital stock.
 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.