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SPECIAL CIVIL ACTIONS

MULTIPLE CHOICE QUESTIONS

1. The venue for the action for declaratory relief.

a) Metropolitan Trial Court

b) Regional Trial Court

c) Office of the Solicitor General

d) Supreme Court

2. The following actions are similar to an action for declaratory relief EXCEPT:

a) An action for the reformation of an instrument

b) An action to quiet title to real property or remove clouds therefrom

c) An action to consolidate ownership

d) An acton to annul a sale due to breach of contract

3. In an action for declaratory relief involving the validity of a statute,


executive order or regulation, or any governmental regulation, a notice to the
Solicitor General is necessary.

a) The statement is a true


b) The statement is generally true
c) The statement false at times
d) The statement is off beam
e) The statement is wrong
4. Summons to conflicting parties is necessary in an interpleader action

a) The statement is a fact


b) The statement is generally true
c) The statement false at times
d) The statement is probably true
e) The statement is false
5. In an interpleader action, a claimant who fails to plead within the time fixed
may/maybe:

a) still ask for extension to file his claim

b) declared in default but nevertheless can recover

c) declared in default and will be barred from any claim in respect to


the subject matter.

d) Asked to explain why he failed to plead within the period provided

6. The petition for certiorari, in the review of judgments of the Commission on


Audit or Commission on Elections must be verified.
SPECIAL CIVIL ACTIONS
MULTIPLE CHOICE QUESTIONS

a) The statement is a true


b) The statement is generally true
c) The statement false at times
d) The statement is wrong
7. A petition for declaratory relief must be filed in:

a) Municipal Trial Court

b) Regional Trial Court

c) Court of Appeals

d) Supreme Court

8. The following are the requisites of certiorari EXCEPT

a) There must be a controversy

b) Respondent is exercising judicial, quasi-judicial or ministerial functions

c) Respondents acted without or in excess of jurisdiction or acted with


grave abuse of discretion amounting to lack of jurisdiction

d) There must be no appeal or other plain speedy and adequate remedy

9. The following are the requisites of prohibition EXCEPT

a. There must be a controversy

b. Respondent must be exercising a ministerial duty.

c. Respondents acted without or in excess of jurisdiction or acted with


grave abuse of discretion amounting to lack of jurisdiction

d. There must be no appeal or other plain speedy and adequate remedy

10.A mandamus may be used to compel a prosecutor to file an information

a) The statement is absolutely true

b) The statement is definitely false

c) The statement is not so false

d) The statement is partly true

11.Prohibition is the proper remedy when a motion to dismiss is wrongfully


denied

a) The statement is true


SPECIAL CIVIL ACTIONS
MULTIPLE CHOICE QUESTIONS

b) The statement is definitely false

c) The statement is not so false

d) The statement is partly true

12.A complaint for expropriation is necessary when the owner is willing to sell
his property but does not agree with the price.

a) The statement is definitely true

b) The statement is definitely false

c) The statement is not so false

d) The statement is partly true

13.There is no right of redemption in judicial foreclosure of mortgage

a) The statement is true

b) The statement is definitely false

c) The statement is not so false

d) The statement is partly true

14.The mortgagee should return to the mortgagor any surplus in the selling
price during the foreclosure sale.

a) The statement is partly true

b) The statement is relatively false

c) The statement is wholly true

d) The statement is probably false

15.A co-owner may acquire ownership by prescription where there exists a clear
repudiation of the co-ownership and the co-owners are apprised of the claim
of adverse and exclusive ownership

a) The statement is true

b) The statement is definitely false

c) The statement is not so false

d) The statement is partly true


SPECIAL CIVIL ACTIONS
MULTIPLE CHOICE QUESTIONS

16.Accion interdictal involves a claim of ownership and the action seeks to


recover ownership from the defendant including possession of the property

a) The statement is true

b) The statement is definitely false

c) The statement is not so false

d) The statement is partly true

17.The following acts constitute direct contempt EXCEPT

a) Unfounded accusations or allegations or words tending to embarrass


the cour t or to bring it into disrepute have no place in a pleading.

b) Tha acts of a party or a counsel which constitute wilful and deliberate


forum shopping.

c) Refusal to be sworn as witness or to answer as a witness.

d) Failure to obey a subpoena duly served

18.The following constitute indirect contempt EXCEPT

a) Misbehavior of an officer of a court in the performance of his official


duties or in his offcicial transactions

b) Assuming to be an attorney or an officer of a court and acting as such


without authority

c) The rescue,or attempted rescue of a person, or property in the custody


of an officer by virtue of an order or process of a court held by him

d) Refusal to subscribe to an affidavit or deposition when lawfully


required to do so.

19.In an ejectment suit, the court may resolve an issue of ownership

a) The statement is true with exceptions

b) The statement is true

c) The statement is false

d) The statement is partly false

20.The Judgment of the MTC against the defendant in an ejectment proceedings


is immediately executory.
SPECIAL CIVIL ACTIONS
MULTIPLE CHOICE QUESTIONS

a) The statement is true with exceptions

b) The statement is true

c) The statement is false

d) The statement is partly false