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A) Whether the court has the power to enter into the inquiry and not whether the decision is
right or wrong
B) Whether the court has the power to enforced judgment
C) Whether the court acquired jurisdiction over the person
D) Whether the court acquired jurisdiction over the subject matter
A) Law
B) Contract
C) Rules of Court
D) Special Proceedings
A) appeal
B) certiorari
C) mandamus
D) relief from judgment
7. The following are the exceptions to the doctrine of primary jurisdiction except
A) where there is estoppel on the part of the party invoking the doctrine
B) where the challenged administrative act is patently illegal, amounting to lack of jurisdiction
C) where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant
D) where the amount involved is relatively big
8. Where a complaint seeking for the payment of P1 million is filed in the Regional Trial Court,
but after considering the court rendered a judgment for only P300,000.00, an amount within the
jurisdiction of the Municipal Trial Court if originally filed. What would happened to the action?
A) the Regional Trial Court did not lose jurisdiction over the action. It therefore, has the authority
to render a judgment for P300,000.00
B) the Regional Trial Court lose jurisdiction over the action. It therefore, has no authority to
render a judgment for P 300,000.00
C) the Regional Trial Court can dismissed the muto proprio for lack of jurisdiction
D) the Regional Trial Court cannot rendered judgement on the case.
9. The following are the exception to the rule that jurisdiction is determined by the allegations
in the complaint except
A) in ejectment cases in which the defendant averred the defense of the existence of a tenancy
relationship between the parties.
B) tenacy is averred by way defense and is proved to be real issue, the case should be
dismissed for lack of jurisdiction as the case should properly be file lose the with the Court of
Agrarian Relations
C) the Municipal Trial Court does not automatically lose its jurisdiction over ejectment cases by
the mere allegation of the defense of tenancy relationship between the parties
D) the allegation of tenancy in defendants answer automatically deprive the MCTC of its
jurisdiction because the jurisdiction of the court over the nature of the action and the subject
matter thereof can be made to depend upon the defenses set up in the court or upon a motion
to dismiss.
A) Res Judicata
B) Litis Pendecia
C) Prescription
D) Conclusiveness of Judgment
16. The following are defenses which are not deemed waived even if not raised in the motion to
dismiss except.
A) the court has no jurisdiction over the subject matter
B) there is another action pending between the same parties for the same cause
C) res judicata
D) litis pendentia
17. The case which must be heard by the Supreme Court en banc
A. All cases which under the Rules of Court are required to be heard en banc
B. All cases which is a tax collection
C. All cases which is affecting consul, ambassadors and other public minister
D) All cases involved question of law
18. The following are the exceptions in which factual issues may be resolved by the Court
except
A. when the findings are grounded entirely on speculation, surmise or conjectures
B. when the inference made is manifestly mistaken, absurd or impossible
C. when there is grave abuse of discreton
D when the judgmentis based on an apprehension of facts
20. It is an accion publiciana is an ordinary civil proceeding to determine the better right of
possession of realty independently of title
A) Accion Publiciana
B) Accion Reinvindicatoria
C) Forcible Entry
D) Unlawful Detainer
21. It is a suit which has for its object the recovery of possession over the real property as
owner.It involves recovery of ownership and possession based on said ownership.
A) Accion Publiciana
B) Accion Reinvindicatoria
C) Forcible Entry
D) Unlawful Detainer
23. The civil cases subject to summary procedure are the following except
A) forcible entry
B) all other cases where the total amount of the plaintffs claim does not exceed P100,000.00
outside Metro Manila or does not exceed P200,000.00 within Metro Manila exclusive of interest
and costs.
C) unlawful detainer
D) forclosure of mortgage
24. Prohibited pleadings and motions in a summary procedure are the following except
A) motion for biil of particulars
B) motion for new trial
C) petition for relief from judgment
D) interlocutory
25. The defendasent shall file his answer to the complaint and serve a copy thereof on the
plaintiff within ___ from the service of summons
A) 10 days
B) 15 days
C) 5 days
D) 3 days
26. The authority of the court take cognizance of the case in the first instance.
A) Appellate Jurisdiction
B) General Jurisdiction
C) Original Jurisdiction
D) Exclusive Jurisdiction
27. The following defenses and objections not pleaded either in a motion to dismiss or in the
answer are not deemed waived. Which is the exception?
A) Jurisdiction over the subject matter
B) Jurisdicton over the person of the defendant
C) Litis pendencia
D) Res Judicata
30. If t claim is considered capable of pecuniary estimation, jurisdiction would depend on the:
A) location of the property
B) common queston of law or fact
C) amount of the claim
D) singularity of transaction
31. In an original action for certiorari, prohibition, mandamus, quo warranto, when does the
Court of Appeals acquire jurisdiction over the person of the respondent?
A) by service of summons upon him
B) by the service of a copy of the petition on him
C) Upon the service on him of the order or resolution of the Court of Appeals indication its initial
action on the petition or by his voluntary submission to the jurisdiction of the Court of Appeals
D) by voluntary appearance of the defendant or affirmative defense
32. The court may acquire jurisdiction over the case even if the defendant could not be located if
it has
A) Jurisdiction over the issue
B) Jurisdiction over the res
C) Jurisdiction over the subject matter
D) Jurisdiction over the person
34. Riene a resident of Makat City, died leaving a parcel of land in Olongapo City worth P300
000.00. Where should the proceedings for the settlement of Riene estate be filed?
A) MTC of Makati City
B) RTC of Makati City
C) MTC of Olongapo City
D RTC of Olongapo City
36. Where should the petition for escheat of a Resident involving the reversion of property
alienated in violaton of the constitution or any statue filed?
A) RTC in the place where the decedent last resided at the time of his death
B) RTC in the place where the property may be found
C) In the Province wherthe land lies in whole or in part
D) In the Province where the decedent was domiciled
39. Failure to comply with the requirement of a barangay conciliation the court:
A) may not motu proprio dismiss a case
B) may dismiss the case from the motion of the defendant
C) may motu proprio dismiss a case
D) dissmiss the case for lack of jurisdiction
41. How many days can a party repudiate with the lupon chairman a statement where the
consent is vitiated by fraud, violence or intimidation?
A) within 15 days
B) within 20 days
C) within 5 days
D) within 10 days
42. The following are under the jurisdiction of the Family Court except
A) Petitions for guardianship, custody of children and habeas corpus involving children
B) Petitions for adoption for children and the revocation thereof
C) Petitions for support and or acknowledgement
D) demand for money and probate proceeding
45. Supreme Court and Cout of Appeals have concurrent jurisdictn except
A) cases involving ambassadors, public ministers and consuls
B) to issue writs of certiorari, and mandamus against RTC, CSC, CBAA and NLRC
C) in petition for certiorari,prohibition and mandamus against RTC, CSC and NLRC
D) petitions for quo warranto and habeas corpus
46. A warden assigned in Cagayan de Oro made immoral advances to woman under his
custody. Which court has jurisdiction over the act committed?
A) Sandiganbayan
B) Ombudsman
C) Department of Justice
D) Regional Trial Court
47. 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
48. 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.
50. 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