Remedial Law Review MCQs

Take the Remedial Law Review MCQs – Set 1 Quiz.

Remedial Law Review - Set 1 [25 items]

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Remedial Law Review MCQs

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Question 1

[RLR 0113] The venue of a petition for the escheat of the estate of a decedent who was a resident of the Philippines is:

A	the place of his death.
B	the place where he last resided.
C	his residence at the time of his death.
D	any of the places where his properties are located.

Question 2

[RLR 0116] What is NOT a requisite in order for the Dead Man’s Statute to be applicable?

A	The subject matter of the action is a claim or demand against the estate of a deceased person.
B	The action is against an executor or an administrator of an estate
C	The witness is a party or an assignor of a party
D	The testimony should refer to any matter of fact which occurred after the death of the deceased.

Question 3

[RLR 0117] Which of the following matters need to be proven by the parties to an action?

A	Those which are the subject of an agreed statement of facts between the parties.
B	Facts which are admitted or which are not denied in the answer, provided they have been insufficiently alleged.
C	Facts which are not subject to judicial notice.
D	Those admitted by any party.

Question 4

[RLR 0107] The petition for the allowance of a will may not be filed by:

A	the devisee/ legatee
B	a person who is not interested in the estate.
C	the testator himself during his lifetime
D	the executor

Question 5

[RLR 0118] Which statement refers to “corpus delicti”?

A	All choices
B	It is the fact that a crime has actually been committed.
C	It is the body or substance of the crime.
D	It is the actual commission by someone of the particular crime charged.

Question 6

[RLR 0102] An adverse party’s witness may NOT be impeached by:

A	a prior inconsistent statement
B	particular instances of immoral or wrongful acts, or improper or unlawful conduct that the witness may have committed.
C	evidence that in the community where he resides, his general reputation for truth, honesty or integrity is bad.
D	Evidence of a prior conviction of an offense which may be proved by eliciting an admission from the witness or by a record of his conviction.

Question 7

[RLR 0122] The doctrine of primacy of the criminal action, which provides that civil action is thus suspended in whatever stage it may be found upon the filing of the criminal action, accepts certain exceptions. Which of the following are among those exceptions?

A	In cases of independent civil action
B	Both cases of independent civil action and where the civil action presents a prejudicial questions
C	When the act or omission from which civil liability may arise did not exist
D	In cases where the civil action presents a prejudicial questions

Question 8

[RLR 0109] Which is not correct? A special administrator has the power to:

A	Commence and maintain suits as administrator.
B	Take possession of the estate of the deceased.
C	Pay the debts of the deceased upon order of the court.
D	Sell any property of the estate without court authority.

Question 9

[RLR 0103] Who may NOT be excluded from the proceedings of a case?

A	All choices
B	Rebuttal witnesses
C	Expert witnesses
D	Parties to the action or the accused in a criminal case

Question 10

[RLR 0120] The Court of Appeals may annul the judgment of the Regional Trial Court on the ground that:

A	There is newly discovered evidence.
B	The RTC had no jurisdiction over the subject matter of the case or that the decision resulted from extrinsic fraud.
C	The RTC decision resulted from an intrinsic fraud.
D	The RTC had no jurisdiction over the person of the defendant

Question 11

[RLR 0105] Which of the following is not correct? The extrajudicial settlement of the estate of a decedent is allowed:

A	when he was not survived by children.
B	when he died intestate.
C	when he died testate.
D	regardless of the value of his estate.

Question 12

[RLR 0114] All except one of the following is true with respect to confessions:

A	It is a categorical acknowledgment of guilt.
B	It must always be express, never implied.
C	It may be made by third persons and, in certain cases, are admissible against a party.
D	It may be made only by the party himself and, in some instances, are admissible against his co-accused.

Question 13

[RLR 0111] A probate court can:

A	issue writs of execution in five instances
B	not issue a writ of execution in any case.
C	issue writs of execution in all cases.
D	issue a writ of execution in only three (3) instances.

Question 14

[RLR 0123] What is the nature of the right to preliminary investigation?

A	Personal
B	Both inquisitional and personal
C	Alternative
D	Inquisitional

Question 15

[RLR 0115] What is NOT allowed to happen in enforcing a foreign judgment in the Philippines?

A	The party who files the action presents a certified true copy of the judgment by the clerk of the court of the foreign tribunal that rendered it.
B	The party who files the action presents a certification from the Philippine diplomatic representative in the said foreign country that the person who issued the copy is the legal custodian thereof.
C	All choices
D	The court with which the action to enforce the foreign judgment is filed takes judicial notice of the foreign judgment.

Question 16

[RLR 0119] The defendant appeals from a decision of the Regional Trial Court (RTC) affirming a decision of the Municipal Trial Court (MTC) ordering the defendant to vacate the premises:

A	The RTC decision is immediately executory.
B	The defendant can stay the execution of the RTC decision without filing a bond.
C	The defendant can stay the execution of the RTC decision by filing a bond.
D	The RTC decision can be executed only after the decision of the appellate court affirming such decision has become final and executory.

Question 17

[RLR 0106] Which is correct? The allowance of a will is:

A	not conclusive on anything.
B	not conclusive as to its due execution.
C	conclusive as to the validity of the dispositions made therein.
D	conclusive as to its due execution.

Question 18

[RLR 0121] In an original action filed in the Court of Appeals, jurisdiction over the person of the respondent is acquired:

A	By the service of the copy of the petition upon him by the petitioner.
B	By special appearance
C	By the service upon him or the order of resolution of the Court of Appeals indicating its initial action on the petition or by his voluntary submission to such jurisdiction.
D	By the service of summons upon him in accordance with Rule 14.

Question 19

[RLR 0104] Which of the following statements is correct?

A	It is the duty of the judge to rest his findings of facts and his judgment only and strictly upon the evidence offered by the parties at the trial.
B	It is discretionary upon the trial court to reject the entire evidence or receive evidence those parts which are admissible and reject the other parts.
C	All statements
D	It is the duty of a party to select the competent from the incompetent in offering testimony and he cannot impose this duty upon the trial court.

Question 20

[RLR 0112] The residue of the estate of a decedent may be distributed to the heirs, even before all the obligations of the estate have been paid if the distributees or any of them gives a bond to guarantee the payment of the unpaid obligations within the time fixed by the court:

A	in an amount equal to twice the said unpaid obligations.
B	in a sum fixed by the court.
C	No bond is required.
D	a cash bond equal to the amount of the said unpaid obligations.

Question 21

[RLR 0108] A will proved and allowed in a foreign country may be allowed in the Philippines if:

A	The will was executed in such foreign country.
B	None of the choices
C	It was proved and allowed in accordance with the laws of such foreign country.
D	The will was executed in the Philippines.

Question 22

[RLR 0125] For instance, the provincial or city prosecutor promulgated an unfavorable resolution of the case, where can be accused file a petition for review of the said resolution?

A	Department of Justice
B	Metropolitan Trial Court
C	Office of the President
D	Regional Trial Court

Question 23

[RLR 0101] The venue of a petition for a judicial settlement of the estate of a resident of the Philippines, whether a citizen or alien is:

A	his residence at the time of his death.
B	any of the above places at the option of the petitioner.
C	the place where he died.
D	any of the provinces where he had any property at the time of his death.

Question 24

[RLR 0124] Which of the following instances will operate as waiver of the right to preliminary investigation by the accused?

A	If the accused fails to ask for preliminary investigation after being aware for more than five (5) days that the case had been filed in court.
B	Where the accused posted a bond
C	All choices except when the accused posted a bond
D	Failure to claim it before the accused pleaded

Question 25

[RLR 0110] The actions, which may be filed against an executor or administrator, do not include:

A	enforcement of a lien on such property.
B	recovery of real or personal property from the estate.
C	recovery of an interest in such property.
D	recovery of a loan evidenced by a promissory note signed by the decedent.

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Remedial Law Review MCQs – Set 1

Remedial Law Review - Set 1 [25 items]

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