REM2 FINALS Samplex-1ST SET

FALSE 1. Provisional remedies being ancillary and temporary, the court may, upon motion, property lift
the attachment lien on the defendant’s property as soon as the judgment in the case becomes final and
executory.

FALSE 2. The attachment line on the defendant’s property is deemed cancelled if the title thereto is
validly transferred to a third person who is not a party in the action.

TRUE 3. If it shown by sworn affidavit that the applicant will suffer great and irreparable injury if the
adverse party is not immediately restrained from performing the assailed act, the court may issue ex-
parte a 20-day TRO.

FALSE 4. The court may issue a writ of preliminary injunction without hearing and prior notice to the
adverse party if it is shown by the applicant’s sworn affidavit that he would suffer grave injustice and
irreparable injury if said writ is not issued posthaste.

FALSE 5. In an action to recover possession and ownership of a parcel of land, the court properly
granted the plaintiff’s application for a writ of preliminary mandatory injunction despite the defendant’s
contention that he is the owner and has been in possession of the subject property.

TRUE 6. The sole object of preliminary injunction as a provisional remedy is to preserve that status
quo until the action is heard and determined.

TRUE 7. The court may still appoint a receiver even after entry of judgment if the same remains
unsatisfied and the judgment obligor refuses to apply his property in satisfaction of the judgement.

FALSE 8. The court may appoint the applicant himself as the receiver.

FALSE 9. During the pendency of an appeal, the appellate court, upon application, may appoint a
receiver to preserve the subject of the action until the appeal is finally resolved.

FALSE 10. On the same day that the sheriff seized five cars from the defendant under a writ of replevin,
he properly deposited them at a garage owned by and under the control of the plaintiff.

FALSE 11. After the sheriff has delivered to the plaintiff the properly seized from the defendant under a
writ of replevin, the latter may recover possession of the same posting a re-delivery bond in an amount
double the value of the property.

TRUE 12. In an action for support filed by a mother on behalf of her minor child against her jobless
husband and her moneyed parents-in-law, the court, upon motion, properly ordered not only the father
of the minor but also his parents to give support pendente lite.

FALSE 13. The court properly denied the application for support pendente lite for failure of the
applicant to give the required bond.
TRUE 14. The defendant who was required to give support pendente lite but was later on declared not
duty-bound to give support may seek reimbursement from the recipient of whatever amount he has
paid by way of support.

FALSE 15. Mr. A, who has been ordered in a final judgment to deliver a possession of Lot No. 50 to Mr.
B, may properly file an action for interpleader against Mr. B and Mr. C, after the latter also demanded
from Mr. A delivery of Lot No. 50 to him.

TRUE 16. In an action for interpleader, the defendants may file a reply.

FALSE 17. After filing a complaint for interpleader against Mr. B and Mr. C who made conflicting claims
against him for the monthly rental of the house and lot he is renting, Mr. A was correct in withholding
payment of the monthly rentals until the court finally determines who between Mr. B and Mr. C is
entitled to such monthly rentals.

TRUE 18. Filing an action for declaratory relief is proper remedy for a Filipino husband who wants to
know whether the remarriage of his wife in the USA, after acquiring American citizenship and divorcing
him, will allow him to legally remarry in the Philippines under the 2 nd paragraph of Article 26 of the
Family code.

TRUE 19. A person who is in possession of a parcel of land to which he claims title may file a petition
for quieting of title against a person who has done nothing except to proclaim to anybody who cares to
listen that he is the registered owner of the said parcel of land.

TRUE 20. When the seller in a pacto de retro sale fails to exercise his right of redemption within the
period agreed upon, the remedy of the buyer is to file a petition for consolidation of ownership.

FALSE 21. A party aggrieved by a resolution of the COMELEC, a quasi-judicial agency, may file a petition
for review with the Court of Appeals under Rule 43.

TRUE 22. A party aggrieved by a final order of COA may file with the Supreme Court a petition for
certiorari under Rule 65 within 30 days from notice of the final order.

TRUE 23. If the petition for quo warranto is filed with the RTC , it shall be filed in the city or provinces
where the respondent resides.

FALSE 24. In an action for expropriation, the plaintiff acquires title to the subject property upon the
issuance by the court of the writ of possession in its favor.

TRUE 25. A petition for prohibition under Rule 65 is a proper remedy to prevent a court from
proceeding with the trial of a case over which it has obviously no jurisdiction.

TRUE 26. A person who is entitled to a public office but is being prevented from holding such office by
another, may file a petition for mandamus to compel such other person to allow him to hold the public
office to which he is entitled.
TRUE 27. A person who claims to be entitled to a public office being usurped by another may, in his
own name, file a petition for quo warranto against said usurper within one (1) year from the time he
became entitled to the office.

TRUE 28. An impeachable public officer under the 1987 Constitution may be remove from the office
by a petition for quo warranto filed within one (1) year from the time the Solicitor General learned of
the cause of the ouster if it is shown that the public officer’s appointed was null and void.

TRUE 29. In an action for expropriation, if the taking of the defendant’s property for public use will
render another of his property useless to him, the defendant is likewise entitled to just compensation
for such other property.

FALSE 30. The measure of just compensation is not the owner’s loss but the taker’s gain.

TRUE 31. In an action for foreclosure of real estate mortgage, the defendant may exercise the equity
of redemption at any time after entry of judgment but before the issuance by the court of the order
confirming the sale.

FALSE 32. In an action for foreclosure of real estate mortgage, if the proceeds of the sale of the
mortgaged property is not enough to satisfy the obligation of the defendant to the plaintiff, the latter’s
remedy is to file an action for deficiency judgment against the defendant.

FALSE 33. In a judicial foreclosure of real estate mortgage under Rule 68, there is no instance when the
defendant may exercise a right of redemption.

FALSE 34. The RTC exercises exclusive original jurisdiction over an action for partition regardless of the
assessed value of the real property involved the subject matter of the action being incapable of
pecuniary estimation.

FALSE 35. All the co-owners of a parcel of land must agree first to the partition of the co-owned
property before any of the co-owners may file a complaint for partition.

FALSE 36. A complaint for partition shall be commenced and tried in the proper court of the place
where the plaintiff or the defendants reside at the option of the plaintiff.

FALSE 37. If the defendant in an action for unlawful detainer alleges in his answer that he has a better
right to the possession of the subject property because he is the owner thereof, the court may
conclusively determine who between the parties is the owner of the subject property.

TRUE 38. In an action for forcible entry, the defendant may file a motion to dismiss on the ground that
the plaintiff failed to allege in the complaint the precise date when he was purportedly deprived of the
possession of the subject property by fraud, intimidation, threat, strategy or stealth.

TRUE 39. In an action for forcible entry, after a judgment adverse to the defendant is rendered by the
MTC, the plaintiff may, as a matter of right, move for the immediate execution of the judgment despite
the timely perfection of an appeal by the defendant.
FALSE 40. An order issued by the RTC declaring a person in direct contempt and subjecting him to a
penalty of ten (10) days imprisonment may be appealed to the Court of Appeals.

TRUE 41. The court against which indirect contempt was committed may motu proprio initiate the
proceedings for indirect contempt against the person who committed the same.

TRUE 42. A petition for indirect contempt committed against an MTC may be filed with the RTC
exercising jurisdiction over the place where it sits or with the MTC.

FALSE 43. The RTC exercises exclusive original jurisdiction over petitions for settlement of estate,
testate or intestate, the subject of which being incapable of pecuniary estimation.

TRUE 44. If the decedent was not a resident of the Philippines at the times of his death, his estate shall
be settled in the proper court of the place where his estate or a portion thereof is situated.

True 45. Despite the fact that the decedent left debts, extrajudicial settlement of estate is still legally
feasible.

FALSE 46. A last will and testament proved in and allowed by a foreign court may transfer properties of
the testator situated in the Philippines to his heirs.

TRUE 47. The testator may, during his lifetime, petition the court for the allowance of this will.

TRUE 48. There is an instance when the Republic of the Philippines is the sole heir of a decedent.

TRUE 49. Although the rules mandate that a petition for guardianship may only be filed over a minor
or an incompetent person, it may happen that a guardian may be appointed by the court over a person
of legal age who is perfectly of sound mind and body.

TRUE 50. A guardian ad litem is one appointed by the court to represent a minor or an incompetent
person who is a party in a case pending before it.

FALSE 51. Under his general powers, a guardian may sell or encumber the properties of his ward.

FALSE 52. In an express trust, the express consent of the beneficiary is essential to the existence of the
trust.

TRUE 53. If the testator clearly established a trust in his last will and testament but failed to designate
a trustee therein, the probate court, whether an RTC or an MTC, may, upon motion, appoint a trustee.

TRUE 54. Aliens may adopt qualified Filipino children both under the Domestic Adoption Act and the
Inter-Country Adoption Act.

TRUE 55. A person of legal age who is married and with children may be adopted under the Domestic
Adoption Act.

TRUE 56. A person may solely adopt the legitimate child of his or her spouse.
TRUE 57. A Filipino citizen who is not a resident of the Philippines cannot adopt under the Domestic
Adoption Act.

TRUE 58. The purpose of requiring spouses to adopt jointly is to approximate the relationship
between a legitimate child and his married parents.

FALSE 59. A wife may avail himself of the writ of habeas corpus to compel her 86-year old husband to
live with her absent any showing that somebody is forcing him to live separately from her.

FALSE 60. A person who has been arrested and detained under a warrant of arrest may properly file a
petition for writ of habeas corpus to assail the validity of the warrant of arrest and his consequent
detention.

TRUE 61. After discovering that the sentence he is currently serving was imposed in a judgment
rendered by a court having no jurisdiction over the offense charged against him, the prisoner may
properly file a petition for writ of habeas corpus to effect his immediate release.

FALSE 62. A petition for writ of habeas corpus shall be filed with the RTC or Family court of the city or
province where the petitioner resides.

TRUE 63. A mother seeking the custody of her 5-year old daughter from her estranged husband may
properly file a petition for writ of habeas corpus with an associate Justice of the Court of Appeals.

FALSE 64. A minor, represented by her mother, may properly ask the court to change his name by
deleting from his certificate of birth his middle name because in Singapore, where he and his parents are
about to immigrate, persons carrying middle names are discriminated against.

FALSE 65. A person who has undergone sex reassignment from male to female may petition the court
to correct the entry under “sex” in his certificate of birth from male to female.

TRUE 66. A person who was born with the rare condition of having the biological characteristics of
both the male and female sexes but was registered as female may properly petition the court to correct
the entry under “sex” in his certificate of birth from female to male on the ground that, as she matured,
his male characteristics became so dominant that she grew a beard and body hair and her muscles
developed.

TRUE 67. The court properly denied the petition for correction of the entry under “status” from
“legitimate” to “illegitimate” in petitioner’s certificate of birth on the ground that petitioner did not
implead his parents as respondents.

FALSE 68. The court correctly granted the petition for correction of the entry in petitioner’s birth
certificate from “parents married” to “parents not married” despite a showing that petitioner’s parents
were not impleaded as respondents.

FALSE 69. Persons whose dwellings are about to demolished under a judgment that came all the way
from the Supreme Court may avail themselves of the writ of amparo alleging that their right to life,
liberty and security is threatened with violation.
TRUE 70. Military officers who were ordered by the court to investigate an enforced disappearance
will be presumed to be complicit in said enforced disappearance unless they are able to prove that they
exercised extraordinary diligence in investigating the enforced disappearance.

FALSE 71. If the amparo court determines by sufficient evidence that the respondent police officers are
responsible for the alleged extralegal killing, it may impose on them the proper penalties for the crimes
committed.

FALSE 72. An unwed mother who, to avoid embarrassment, voluntarily committed her child to the
custody of the DSWD may avail herself of the writ of amparo to recover custody of her child from the
DSWD after it refused to return the child saying the child was about to be adopted by a well-qualified
couple.

FALSE 73. A group of scantily-clad female students who had themselves photographed and who posted
their photos on Facebook with the setting of “For friends only” may seek protection from the writ of
habeas data after their school was able to access the photographs and was about to sanction them for
violation of a school policy.

FALSE 74. An employee who was transferred by her employer to another post because an anonymous
letter circulated at her office denouncing her of disloyalty to her employer may file a petition for writ of
habeas data to compel her employer to investigate the authorship of the letter and to return her to her
original post.

FALSE 75. The respondent in a petition for writ of habeas data must be a public official or employee or
a private individual or entity engaged in the business of gathering, collecting or storing of data or
information regarding the person, family, home and correspondence of the aggrieved party.

FALSE 76. Whales, dolphins and other marine mammals have locus standi to be impleaded as co-
petitioners in an environmental case filed to protect their natural habitat from destruction.

FALSE 77. Under no circumstance may evidence on a fact which is not in issue be admitted.

TRUE 78. The audio recording of the lecture of your professor may be offered as documentary
evidence to prove his gross ignorance of the law.

FALSE 79. If a party offers in evidence a photocopy of the document the contents of which is the
subject of inquiry, the adverse party may object to its admissibility on the grounds that it violates the
best evidence rule.

TRUE 80. The court may admit in evidence the photocopy of a document if it is shown by the offeror
that the original is not closely related to the main factual issue in the case.

TRUE 81. While a duplicate is admissible to the same extent as the original, the same may be excluded
if the adverse party is able to show sufficient basis to doubt the original’s authenticity.

TRUE 82. The privilege communication rule between an attorney and his client may still apply even if
none of the parties involved is an attorney.
TRUE 83. A person may be compelled to testify against his father who is charged with frustrated
parricide for trying to kill his wife.

TRUE 84. After A, B, and C agreed and decided to kill X, A told his friend Y of their group’s murderous
plan. In the prosecution of A, B and C for murder, the testimony of Y as to what A told him is admissible
in evidence against B and C.

FALSE 85. In its initial presentation of evidence, the prosecution may prove the bad moral character of
the accused which is pertinent to the moral trait involved in the offense charged.

FALSE 86. Unlike burden of evidence, burden of proof may shift from one party to another depending
on the exigencies of the trial of the case.

FALSE 87. There is no instance when a witness may be impeached by evidence that he has been
convicted by final judgment of a crime.

TRUE 88. There are instances when a party may impeach the witness he himself called to the witness
stand.

FALSE 89. After being stabbed ten times, A told B, a passerby, not to worry because he will survive and
that it was C who stabbed him. Before A could be brought to the hospital, however, he died. In the
prosecution of C for murder, B’s testimony as to what A told him is admissible in evidence as a dying
declaration.

FALSE 90. In the probate of a holographic will, the testimony of a witness that, as the testator’s
secretary for 10 years, she has seen countless documents containing the testator’s handwriting and
signature, and that, in her opinion, the handwriting and signature in the holographic will are those of the
testator, is admissible in evidence.

TRUE 91. If there is inconsistency between the presumption of regularity in the performance of official
functions and the presumption of innocence of the accused, the latter shall prevail.

TRUE 92. If evidence is excluded by the court, there is a way for the offeror to have the excluded
evidence put on the record of the case so that it may be considered by the appellate court in case of an
appeal.

TRUE 93. The opponent may cross-examine a witness on any matter, including those not taken up in
the direct examination, provided they are relevant to the facts in issue.

FALSE 94. No amount of circumstantial evidence will suffice to warrant the conviction of an accused.

TRUE 95. The accused need not to prove his innocence to be entitled to an acquittal.

TRUE 96. The court may totally disregard evidence even after it admitted the same for being both
relevant and competent.