ANGELES UNIVERSITY FOUNDATION

SPECIAL PROCEEDINGS

FINAL EXAMS

This 2-part examination consisting of 6 pages has to be finished in 2 hours. The 1st part consists of 36 multiple-choice questions (MCQ) to be answered by shading the letter of your choice on each question. The 2nd has 5 essay-type questions to be answered sequentially, concisely and clearly. Return this questionnaire together with your notebook. Your notebook will not be accepted without this.PART I

1. The venue of a petition for the escheat of the estate of a decedent who was a resident of the Philippines is:

SET 1 # 15

(a) his residence at the time of his death(b) any of the places where his properties are located

(c) any of the places where he resided

(d) the place where he died

2. A return of a writ of habeas corpus is considered prima facie evidence of the cause of the detention if:

SET 1 # 17

(a) made by a public officer

(b) made by a private person

(c) the detention is pursuant to a warrant of arrest

3.In an original action for certiorari, prohibition, mandamus, quo warranto filed with the RTC, the said Court acquire jurisdiction over the person of the respondent?

SET 1 # 28

(a) By the 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 indicating its initial action on the petition or by his voluntary submission to the jurisdiction of the Court.Which statement is the most accurate?SET 1 # 48

(a) The courts action in a petition for declaratory relief is purely discretionary, in all cases under Rule 63. Hence, it may dismiss any case if it will not terminate the controversy.

(b) Court action is mandatory in all cases of declaratory relief under Rule 63. Hence, it cannot dismiss a case but must decide it on the merits.

(c) Court action is discretionary, except that in quieting of title, reformation of instruments and consolidation, the court must decide.

(d) The court may not dismiss a petition for declaratory relief, except in cases of quieting of title, reformation of instruments and consolidation.

5.Declaratory relief is proper:

SET 1 #49

(a) to question or clarify whether a certain law has been violated;

(b) to quiet title over real property;

(c) to clarify the status of persons;

(d) to confirm rights under a judgment of a court

6.In the probate of a will, the Court does not consider:

SET 1 #54

(a) Whether the will was executed in accordance with law.

(b) Whether the will is intrinsically valid.

(c) Whether the will was freely executed.

(d) Whether the testator was insane.

7.X, a resident of Bulacan, died on 1 January 2011 in Manila. On 1 February 2011, his will was delivered by AA, the custodian thereof, to the clerk of court of RTC-Bulacan. On 4 February 2011, BB instituted intestate proceedings over Xs estate with RTC-Manila. On 5 February 2011, CC filed a petition for probate of Xs will with RTC-Bulacan. BB moved to dismiss the petition in RTC-Bulacan because of the of the earlier petition filed in RTC-Manila. Which court should settle the estate?

SET 1 # 77

(a) RTC-Manila. The petition of BB was filed ahead of CCs.(b) RTC-Bulacan. BB already submitted to the jurisdiction of the court when he filed a motion to dismiss the petition.

(c) RTC-Manila. X died in Manila.

(d) RTC-Bulacan. Jurisdiction of RTC-Bulacan was acquired when AA delivered the will to the court.

8.Which is correct? The allowance of a will is:

SET 2 #24

(a) not conclusive as to its due execution.

(b) conclusive as to its due execution.

(c) conclusive as to the validity of the dispositions made therein.

(d) not conclusive on anything.

9.The following statements are true, EXCEPT:

SET 2 # 27

(a) Rule 65 is concerned with errors of jurisdiction, grave abuse of discretion, and not errors of judgment.

(b) Rule 65 may question any order or issuance of the respondent, not just final decisions.

(c) In Rule 65, the lower court, tribunal or officer who issued the assailed judgment is only a nominal respondent, the primary respondent being the other party.

(d) A petition under Rule 65 will generally be dismissed if resort to a petition under Rule 45 is available.

10.Which of the following is appealable?

SET 2 # 31

(a) An order directing administrator to take action to collect a debt due the estate.

(b) An order removing a guardian.

(c) An order directing the inclusion of items in the inventory.

(d) An order appointing a special administrator.

11.Quo warranto proceedings may be brought against the following, EXCEPT:

SET 2 #50

(a) a public officer who usurps, intrudes, or unlawfully holds a public office.

(b) a public officer who refuses to assume a public office because someone has usurped his position.

(c) a public officer who commits an act which constitutes a ground for the forfeiture of his office.

(d) a corporation which acts as a corporation without legal authority to act.

12.After judgment against the defendant in a judicial foreclosure suit is rendered, when is the mortgaged property sold at public auction to satisfy the judgment?

SET 2 #59

(a) After the decision has become final and executor.

(b) After the failure of the defendant to pay the judgment amount within the period fixed in the decision which shall not be less than ninety (90) nor more than one hundred twenty (120) days from entry of judgment.

(c) The mortgaged property is never sold at public auction.

13.Maria, a resident of Quezon City, wants to correct an entry in the birth certificate of her son, Pedro, who was born in Tarlac. Maria pointed out to you that the entry was clearly a typographical error as Neil is obviously a boy. As Marias lawyer, where should you file the petition?

SET 2 # 61

(a) RTC-Quezon City

(b) RTC-Tarlac

(c) Local Civil Reg.-Quezon City

(d) Local Civil Reg.-Tarlac

14.The Office of the Solicitor General (OSG) received a decision granting a petition for adoption. When should the OSG perfect its appeal against the judgment?

SET 2 # 62

(a) Within thirty (30) days from notice.

(b) Within five (5) working days from notice.

(c) Within fifteen (15) days from notice.

(d) Within forty-eight (48) hours from notice.

15.X died intestate, leaving her children, AA, BB, and CC as heirs. Xs estate consists of two parcels of land one in Quezon City and the other in Bulacan. AA and BB executed a deed of extrajudicial settlement in 2008, wherein they agreed to divide the two properties among themselves. The deed was notarized and the fact of extrajudicial settlement was published once a week for three consecutive weeks. In March 2012, CC filed a case to annul the extrajudicial settlement. CCs petition should be:

SET 2 #63

(a) Dismissed. The 2-year period provided under Rule 74, Section 4 has lapsed.

(b) Granted. The extrajudicial settlement is invalid as no bond was filed by AA and BB.

(c) Dismissed. The publication of the fact of extrajudicial settlement cured the lack of notice to CC.

(d) Granted. The extrajudicial settlement is invalid as CC did not take part therein and had no notice thereof.

16.The Lessee having failed to pay his apartment rentals for 5 months was served by the Lessor a written notice to pay the unpaid rentals or vacate the premises. The Lessee neither paid the arrearages nor did he vacate the premises within 5 days after notice. May the Lessor file a case for unlawful detainer against the Lessee?

SET 2 # 89

(a) Yes, because the Lessee did not comply with the Lessees demand.

(b) No, because the Lessor in his notice did not state the period within which the Lessee is supposed to pay or vacate the property.

(c) Yes, because failure to pay rental is a valid ground for ejectment.

(d) No, because Lessee has the choice to pay the rent or vacate the premises.

17.X secured a life insurance from Greenlife Insurance Co. with his wife AA as beneficiary. The policy stipulates that the beneficiary could be changed by a written notice of the insured designating his new beneficiary provided that the notice is received by Greenlife before the death of the insured. After Xs death, BB demanded from Greenlife the proceeds of the policy claiming that she had been designated as the new beneficiary as shown by a copy of a written notice signed by X. AA also demanding the proceeds of the policy claiming that the signature of X appearing in the written notice is forged. What action can Greenlife file?

SET 2 #91

(a) Interpleader against AA and BB.

(b) Declaratory relief so Greenlife will know how to resolve the issue.

(c) Quo warranto to determine who between A and B is entitled to the proceeds.

(d) Partition the proceeds equally between A and B.

18.If a party aggrieved by a judgment or final order of the Comelec desires to elevate the case to the Supreme Court after his motion for reconsideration duly filed is denied, his petition for certiorari must be filed within:

SET 2 # 96

(a) the fresh period of thirty (30) days reckoned from receipt of the denial resolution;

(b) the fresh period of twenty (20) days reckoned from receipt of the denial resolution;

(c) the fresh period of fifteen (15) days reckoned from receipt of the denial resolution;

(d) the remaining period but not less than five (5) days in any event, reckoned from the receipt of the denial resolution.

19.Which of the following is a prohibited pleading or motion under Rule 70:

SET 3 #2

(a) Motion to dismiss the complaint on the ground of lack of jurisdiction over the subject matter;

(b) Motion for postponement of hearings on just grounds;

(c) Motion for execution pending appeal.

(d) Petition for certiorari against a final order issued by the court.

20.When a person is detained by a private person, the writ of habeas corpus is directed to:

SET 3 # 20

(a) the said private person

(b) an officer of the law

(c) any person designated by the court

(d) None of the above

21.Where the testator himself petitions for the allowance of his will

SET 3 # 49

(a) publication is not required but notice must be sent to the heirs.

(b) notice to compulsory heirs is sufficient.

(c) publication and notice to the heirs is not required.

(d) the will may be allowed based only on the affirmation of the testator that he executed the same.

22.What happens if the administrator himself has a claim against the estate?

SET 3 #54(a) He is barred from filing such claim due to conflict of interest.

(b) He shall give notice to the intestate estate court which shall appoint a special administrator to attend to such claim.

(c) He can file an action for collection against the heirs.

(d) He shall resign as administrator and then file a claim against the estate.

23.Pending trial of an ejectment case, the defendant died. Is the action extinguished?

SET 3 #77

(a) No, because an action for ejectment, being one involving recovery of real property, is a real action which is not extinguished by the defendants death.

(b) Yes, because the death of a real party in interest necessarily extinguishes the action.

(c) No, because the plaintiffs cause of action to recover the property still exists.

(d) Yes, because an action, real or personal, is essentially extinguished upon the death of any party.24.Where the estate of a resident is escheated:

SET 4 #1

(a) his personal properties shall be assigned to the municipality or city where they are located.

(b) his real properties shall be assigned to the municipality or city where he last resided.

(c) all his personal and legal properties shall be assigned to the province.

(d) his personal properties shall be assigned to the municipality or city where he last resided and his real properties to the municipality or city where they are located.

25.In interpleader, a motion to dismiss:

SET 4 #9

(a) Is not allowed to be filed by the defendants.

(b) Is permitted only on any of the grounds specified in Section 1, Rule 16.

(c) Is permitted only on any appropriate ground specified in Section 1, Rule 16 and on the ground of the impropriety of interpleader.

26.The filing of a special civil action under Rule 65 produces the following effect:

SET 4 #18

(a) it interrupts the course of the principal case.

(b) it interrupts the course of the principal case if there is a temporary restraining order or a writ of preliminary injunction issued against the public respondent.

(c) the court trying the principal case has no discretion to postpone the hearing to await the decision in the special civil action.

27.After legal adoption, the adopted child desires to rescind the adoption on the ground of repeated maltreatment by his adoptive parents. Where should the petition for rescission of the adoption be filed?

SET 4 #87(a) The Family Court where adopted resides.

(b) The Family Court where the adopters reside.

(c) The Family Court which granted the petition for adoption.

(d) The Family Court having jurisdiction over the offices of the Department of Social Welfare and Development (DSWD).

28.X, a resident of Makati City, died leaving a parcel of land in Olongapo City worth P300,000.00. Where should the settlement of Xs estate be filed?

SET 4 #88

(a) MTC of Makati City

(b) RTC of Makati City

(c) MTC of Olongapo City

(d) RTC of Olongapo City

29.What is the venue for escheat of a resident decedent involving the reversion of property alienated in violation of the constitution be filed?

SET 5 #6

(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 where the land lies in whole or in part.

(d) In the Province where the decedent was domiciled.

30.Choose the judicial proceedings below in which a writ of habeas corpus CANNOT be availed of as consequence thereof.

Set 5 #44(a) Where there has been deprivation of a constitutional right resulting in the resistant of a person.

(b) Where an excessive penalty has been imposed, as such sentence is void as to such excess.

(c) Where the petitioner has been unable to establish by the evidence to be entitled to the custody of the minor on account of mistaken identity.

(d) Where the lower court had no jurisdiction to impose the sentence.

31.Does a Probate Court have the jurisdiction to resolve questions of title to property?

SET 5 #45

(a) No, because a Probate Court can resolve questions of title only provisionally.

(b) No, because proceedings involving questions of title require different procedure.

(c) Yes, because it is a matter related to the estate of the deceased.

(d) Yes, because the Probate Court acting as such can resolve such question to determine the properties to be administered by the administrator.

32.AA brought an action for unlawful detainer against BB in the Municipal Trial Court. BB filed a motion to dismiss on the ground of lack of cause of action for failure to first refer the dispute to the Barangay Lupon. Acting on BBs motion, the case was dismissed. AA believes that BBs motion to dismiss is a prohibited motion under the Revised Rules on Summary Procedure. Which among the remedies is not available to obtain redress against the dismissal order?

SET 5 #93

(a) Petition for Certiorari & prohibition

(b) Motion for Reconsideration

(c) Appeal

(d) Petition for relief from judgment

33.A group of businessmen formed an association in Cebu City calling itself Cars Co., to distribute/sell cars in said city. It did not incorporate itself under the law not did it have any government permit on license to conduct its business as such. Where should the Solicitor General file the petition for quo warranto to question and stop the operations of Cars Co.?

SET 5 #99

(a) Supreme Court

(b) Court of Appeals

(c) Regional Trial Court of the territory where the respondent resides

(d) Regional Trial Court of the City of Manila

34.What is the jurisdiction and venue for petition for cancellation or correction of entries in the civil register under Rule 108 of the Rules of Court?

SET 6 # 2

(a) The RTC of the place where the petitioner has been a bona fide resident for at least one (1) month prior to the date of the filing of the petition.

(b) The RTC of the place where the petitioner has been a bona fide resident for at least three (3) months prior to the date of the filing of the petition.

(c) The RTC of the place where the corresponding civil registry is located.

(d) The RTC of the place where the corresponding civil registry is located and where the petitioner has been a bona fide resident for at least three (3) years prior to the date of the filing of the petition.

35.What is the jurisdiction and venue for petition of change of name under Rule 103?

SET 6 # 3

(a) The RTC of the place where the petitioner has been a bona fide resident for at least one (1) year prior to the date of the filing of the petition.

(b) The RTC of the place where the petitioner has been a bona fide resident for at least three (3) years prior to the date of the filing of the petition.

(c) The RTC of the place where the petitioner has been a bona fide resident for one (1) month prior to the date of the filing of the petition.

(d) The RTC of the place where the petitioner has been a bona fide resident for at least three (3) months prior to the date of the filing of the petition.

36.X, a defendant in an action for sum of money died while his appeal was pending in the Court of Appeals. After being substituted by his legal representative, the Appellate Court rendered judgment affirming the decision of the trial court. How should the judgment be enforced?

SET 6 # 83

(a) By obtaining a writ of execution for enforcement against the executor, administrator, or successor in interest.

(b) By filing it as claim in the probate court.

(c) By instituting an action against the executor, administrator, or successor in interest.

(a) By giving notice to the creditors.

PART II

1.In an illegal detainer case the MTC ruled in favor of the plaintiff ordering the defendant (a) to vacate the property of the plaintiff (b) to pay the plaintiff the amount of Php2,000.00 as increased rentals from the time of the filing of the complaint; Php30,000.00 as unrealized earnings; Php20,000.00 as moral damages; Php10,000.00 as exemplary damages; Php25,000.00 as attorneys fees. Not being satisfied with the increase of rentals granted him by the court, plaintiff appealed praying for further increase thereof. Defendant did not appeal.

a.Can plaintiff, as appellant, move for the execution pending appeal?

b.Can defendant, as appellee, validly resist the immediate execution of the judgment?

c.Comment on the propriety of the courts monetary award.2.The Municipality of San Narciso filed an expropriation case against 10 adjacent lot owners to use their property as the cite of a public market. Damaso, one of the defendants, moved for separate trial, which the trial court granted, as he interposed a personal defense based on the averment that he acquired his property as a tenant-beneficiary under Comprehensive Agrarian Reform Law which, he claims, exempts it from expropriation. After trial, the court rendered judgment in Damasos favor and dismissed the case against him. The Municipality was served with a copy of the decision on 14 January, and on 14 February it filed a motion for reconsideration. Damaso opposed contending that the motion was filed beyond 15-day reglementary period and that judgment has become final and executory as early as 29 January. The Municipality, however, argues that only after the entire case against the 10 defendants is resolved will the counting of the 15-day reglementary period start to run. Resolve.3.Plaintiff sued for a sum of money and was awarded Php500,000.00 by the RTC of Manila. Defendant did not appeal and he died 6 days after the lapse of the period to appeal. Forthwith, a petition for the settlement of his estate was commenced with RTC of Pampanga where an inventory of all his assets was filed and correspondingly approved. Thereafter, plaintiff filed a motion for execution of the money judgment with the Manila court, contending that the motion was legally justified, the defendant having died after the judgment in the Manila court had become final and executory. Resolve.4.Under the same set of facts as (4), a writ of execution was issued by the Manila court 3 days after the lapse of the period to appeal. The corresponding levy on execution was duly effected on defendants parcel of land worth Php600,000.00 a day before the he died. Would it be proper to lift the levy on defendants property? State the reasons for your answer.5.AA borrowed from DBP Php1 million secured by the titled land of his friend BB who, however, did not assume personal liability for the loan. When AA defaulted, DBP field an action for judicial foreclosure of the real estate mortgage impleading AA and BB as defendants. In due course, the court rendered judgment directing AA to pay the outstanding account of Php1.5 million (principal plus interest) to the bank. No appeal was taken by AA within the reglementary period. AA failed to pay the judgment debt within the period specified in the decision. Consequently, the court ordered the foreclosure sale of the mortgaged land. In that foreclosure sale, the land was sold to the DBP for Php1.2 million. The sale was subsequently confirmed by the court, and the confirmation of the sale was registered with the Registry of Deeds in 05 January 2002.

On 10 January 2003 A died. On 20 February 2003 DBP filed a deficiency judgment for P800,000.00 against AA an BB. Resolve the deficiency claim of the bank.6