SPECIAL PROCEEDINGS PROCEEDINGS PART PA RT I.
MCQ MCQ
1. When may the court issue issue notices to creditors to file their their claims? A. B. C. D.
Immediately after granting letters testamentary or of administration. administration. Immediately before granting letters testamentary or of administration. administration. After After granting granting letters letters testamentar testamentary y or of administr administratio ation. n. Before granting letters testamentary or of administration. administration.
2. This refers refers to any debt debt or pecuniary pecuniary demand demand against the decedent’s decedent’s estate. A. B. C. D.
Money Claim Inhe Inheri rita tanc nce e Taxes
3. This is the period fixed fixed by the rule for for the filing filing of the claims against against the estate. A. B. C. D.
Stat Statut ute e of Frau Frauds ds Statut Statute e of Limita Limitatio tions ns Statut Statute e of of Non-C Non-Clai laims ms Pres Prescr crip ipti tion on
4. What is the time time within within which which claims claims shall be filed? filed? A. Within the the time fixed in the notice notice which shall not be more than than 12 months nor less than 6 months after the date of the first publication. B. Within the time fixed in the notice which shall not be more than than 2 years nor less than 1 year after the date of the first publication. publication. C. Within the the time fixed in the notice notice which shall not be more than than 12 months nor less than 6 months after the date of the last publication. publication. D. Within the time time fixed in the notice notice which shall not be more more than 3 years. years.
5. This are claims claims not filed filed within within the original original period fixed by by the court. court. A. B. C. D.
Statut Statute e of of NonNon-Cla Claims ims Debts Tax ref refu und Bela Belate ted d clai claims ms
6. The following are claims which should be filed under the Statute of Non-Claims, except : A. Money claims, claims, debts incurred incurred by deceased during during his lifetime arising arising from from contract. B. Claims Claims for for funer funeral al expens expenses es
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C. For the illness illness of the the deced decedent ent D. Unpa Unpaid id taxe taxes s
7. This is a conditional claim or claim claim that is subject to the happening happening of a future uncertain event. A. B. C. D.
Absolu Abso lute te Clai Claim m Cont Contin inge gent nt Cla Claim im Mone Money y Cla Claim Statut Statute e of NonNon-Cla Claim im
8. In what instanc instance e where where the court court may appoint appoint a special special administrator? A. If the executor or administrator administrator has a claim against against the estate he he represents. B. If the the executor executor or admini administra strator tor died. died. C. If the executor or administrator administrator failed to perform his obligations. obligations. D. If the executor executor or admini administra strator tor left the the country. country.
9. What is the remedy in order order to satisfy satisfy debts debts of the estate? A. B. C. D.
Writ Writ of of exec execut utio ion n Sale or mortg mortgage age of the the proper properties ties of the the deceden decedentt Lien Crimin Criminal al actio action n
10. These are the actions which may be commenced directly against the executor or administrator, except : A. Action to recover real real or personal personal property, property, or any any interest therein therein from from the estate. B. Enfor Enforcem cement ent of a lien. lien. C. Action to recover damages damages for any any injury to person or property, real or personal. D. Action Action for the recove recovery ry of money money or debt. 11. Thefollowing are the requisites before creditor may bring an action for recovery of property fraudulently conveyed by the deceased, except : A. When there there is a deficiency deficiency of assets in the hands of an executor executor or administrator administrator for the payment of debts and expenses of administration. administration. B. When the the deceased deceased conveyed property, right, interest, interest, debt debt or credit that that by law the conveyance conveyance would be void. liable to attachment attachment by his
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12. 12. This This ref refers ers to to th the det deter ermi mina nati tion on of all all ass asset ets s of of the the esta estate te and and payment of all debts and expenses. A. B. C. D.
Diss Dissol olut utio ion n Liqu Liquid idat atio ion n Term Termin inat atio ion n Part Partit itio ion n
13. The order of distribution of the residue of the estate of the deceased shall be made after the following, except : A. B. C. D. E.
14.
Paym Paymen entt of all all deb debts ts Fune Funera rall expe expens nses es Expenses Expenses for administ administrati ration on Allowanc Allowance e of the widow widow and and inheritan inheritance ce tax Paym Paymen entt of of bon bond d
Which of the following statements are true:
A. The remedy of an heir entitled to the residue residue but has has not received received his share is to file a motion with the probate court for delivery to him of his share. B. The remedy remedy of an heir heir entitled entitled to the residu residue e but has not not received received his share is to file a motion for reopening of the proceeding, within the prescriptive prescriptive period, if the estate proceedings have been closed. C. Both Both state statemen ments ts are are true. true. D. Both statement statements s are are false. false. 15. The following are the exceptions to the rule that a probate court cannot issue writs of execution, except : A. To satisfy satisfy the contributive contributive share share of the devisees, legatees legatees and heirs when when the latter had entered prior possession over the estate. B. To enforce enforce payment payment of of the expense expenses s of partitio partition. n. C. To satisfy satisfy the costs costs when a person is cited for examination in in probate proceedings. D. Payment of all all debts and expenses expenses of the obligor and and delivery of the entire estate to all the heirs.
16. 16. This This is a pro proce ceed edin ing g wher whereb eby y the the real real and and per perso sona nall pro prope pert rty y of of a deceased person in the Philippines who dies without leaving any will or legal heirs, becomes the property of the State upon his death. A. Esche Escheat at procee proceedi ding ng B. Specia Speciall proce proceedi eding ng
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A. B. C. D.
Solicitor General or his representative representative in behalf behalf of the Philippines Philippines Omb Ombudsman man Pros Prosec ecut utor or DENR
18. 18. What What is the the bas basis is of the the Sta State te’s ’s righ rightt to to rec recei eive ve prop proper erty ty in escheat? A. B. C. D.
Donat onatio ion n Occu Occupa pati tion on Order Order of succes successio sion n Intell Intellect ectual ual creat creation ion
19. These are requisites for filing of petition for escheats, except: A. B. C. D.
That a person left the Philippines and permanently permanently lives lives abroad. abroad. That That a person person died died intes intestat tate. e. That he left left no heirs heirs or persons persons by law entitl entitled ed to the same. same. That the the decease deceased d left prope properties rties..
20. 20. One One of of th the fol follo low wing ing is is the the res respond ondent’s t’s re remed medy ag agains inst petition for escheats. A. B. C. D.
21. 21. A. B. C. D.
Moti Motion on to dis dismi miss ss Moti Motion on to quas quash h Motion Motion for new trial trial Motion Motion for bill bill of parti particula culars rs
What What is the the peri period od for for fili filing ng a clai claim m in esch eschea eatt proc procee eedi ding ng? ? 10 years years from the date of judgme judgment. nt. 5 years years from from the the date date of judgment. judgment. 3 years years from from the the date date of judgment. judgment. 4 years years from from the the date date of judgm judgment. ent.
22. 22. It ref refers ers to to th the pow power er of prot protec ecti tive ve auth author orit ity y giv given en by law law and and imposed on an individual who is free and in enjoyment of his rights over one whose weakness on account of his age or other infirmity renders him unable to protect himself. A. Guar Guardi dian ansh ship ip B. Pare Parens nsPa Patr tria iae e C. Adop doptio tion
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A. B. C. D.
Guar uardia dian Trustee Adopter Direct Director or of of Heal Health th
24. The following are the general powers and duties of guardians, except: A. To have the the care and custod custody y of the person person of the ward, ward, and the management of his estate. B. Pay the debts debts of of the the ward ward.. C. Settle accounts, accounts, collect collect debts debts and appear in in actions actions for ward. D. Appropri Appropriate ate portio portion n of the the estate. estate. 25. These are the conditions of the bond of the guardian, except : A. To make and retur return n to the court, court, within within 3 months, months, a true and complete complete inventory of all the estate of his ward which shall come to his possession or knowledge or to the possession or knowledge of any other person for him. B. To faithfully faithfully execute the the duties of his trust, trust, to manage manage and dispose dispose of the the estate. C. To render a true and and just account account of all the estate estate of the ward in his hands. D. All All of the the abo above ve.. 26. These are the grounds for removal of a guardian, except: A. B. C. D.
27. 27. A. B. C. D.
Ins nsa anity nity Incapabi Incapability lity or unsuitabi unsuitability lity to discharge discharge functio functions ns Mismanag Mismanagement ement of of the proper property ty of the the ward Death Death of guard guardian ian
The The foll follow owin ing g are are grou ground nds s for for term termin inat atio ion n of of guar guardi dian ansh ship ip:: The ward ward has has come come of age. age. The The ward ward has has die died. d. The guar guardia dian n becomes becomes insa insane. ne. Only Only 1 and and 2 are are correc correct. t.
guardianship, except: 28. The following may apply for petition for guardianship, A. An Any y rel relat ativ ive e B. Other Other person person on behalf behalf of a minor
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A. The father and mother shall jointly jointly exercise exercise legal guardianship guardianship over the person and property of their minor without the necessity of a court appointment. B. The father and mother shall jointly jointly exercise exercise legal guardianship guardianship over the person and property of their minor with court appointment. C. Only the the father shall shall exerci exercise se legal legal guardians guardianship. hip. D. Only the mother mother shall shall exercise exercise legal legal guardians guardianship. hip.
30. 30. The The gro groun unds ds for for pe petiti tition on to sell sell or encu encumb mber er prop proper erty ty of min minor are the following, except: A. When the income of estate is insufficient insufficient to maintain maintain and educate educate ward when a minor. B. When it it appears appears that that it is for the the benefit benefit of the the ward. ward. C. When the prope property rty is found found thereaf thereafter ter to to be unsuitab unsuitable. le. D. Only Only 1 and and 2 are are correc correct. t. 31. The following are the rules on trustees, except: A. Account Accounts s must be under under oath oath and filed filed annual annually. ly. B. May sell sell or or encumber encumber property of estate held in trust if necessary or expedient upon order of the court. C. May be exempted exempted from filing filing bond if provided provided in the the will or if beneficiaries beneficiaries requested exemption. D. Must pay the the debts debts of of the ward. ward.
32.
Which of the following is true:
A. That the trustee will will make and return to the court, at such time as it may order, a true accounting of all the estate belonging to him as trustee, which at the time of the making of such inventory shall have come to his possession or knowledge. B. That he will will manage and dispose dispose of such such estate and and faithfully faithfully discharge discharge his trust in relation thereto, according to law and the will of the testator or the provisions of the instrument or order under which he is appointed. C. That he is is not obliged obliged to render render upon oath a true true account account of the property property in his hands and of the management of the property. D. That at the commencement commencement of his trust he will will settle his accounts accounts in court court and pay over and deliver all the estate remaining in his hands. 33. These are the requisites for removal or resignation of trustee , except: A. Petition Petition filed filed by parties parties benefic beneficiall ially y interested interested..
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34. The grounds for removal or resignation of trustee are the following, except: A. B. C. D. E.
35.
Removal Removal appears appears essentia essentiall in the interest interest of petitioner petitioners. s. Ins nsa anity nity Incapabi Incapability lity of of dischar discharging ging trust. trust. Unsu Unsuit itab abil ilit ity y Death
A tr trustee is necessary to to carry in into effect:
A. A will where the testator omitted to appoint a trustee in the Philippines. Philippines. B. Other written written instrument instrument where the trustee therein declines, declines, resigns, resigns, dies, dies, or is removed before accomplishment of trust. C. Only Only number number 1 is corr correct ect.. D. Both statement statements s are are correc correct. t.
36. 36. What What is the the pres presum umpt ptio ion n crea create ted d when when the the trus truste tee e negl neglec ectt to file a bond? A. B. C. D.
Implie Implied d accept acceptanc ance e of trust trust Conditio Conditional nal acceptan acceptance ce of of trust trust Resignat Resignation ion or or a decline decline to to accept accept the trust trust Waiv Waiver er of of trus trustt
37. 37. What What is the the rem reme edy of of a guar guard dian ian fr from the the or order of of re remova oval from guardianship? guardianship? A. B. C. D.
38. 38.
Motion Motion for for reconsi reconsider derati ation on Appeal Paym Paymen entt of of bon bond d Petition Petition for for review review on certio certiorari rari
Thes These e are are the the con consi side dera rati tion ons s in in app appoi oint ntin ing g gua guard rdia ians ns,, exc excep ept: t:
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C. Gross Gross value of the estate estate exceeds exceeds Three Hundred Hundred Thousa Thousand nd Pesos (300,000) or, in probate matters in Metro Manila, where such gross value exceeds Four Hundred Thousand Pesos (400,000) D. Gross value value of the estate exceeds One One Hundred Thousand Pesos (100,000) or, in probate matters in Metro Manila, where such gross value exceeds Two Hundred Thousand Pesos (200,000)
40. 40. If the the dec deceden edentt is is an inha inhabi bita tant nt of the the Phil Philip ippi pine nes s at the the time time of his death, whether resident or alien, his will will shall be proved or letters of administration granted and his estate be settled in; (Sec. 1, Rule 73) A. The appropriate appropriate court court in the province in which he he resides at the time time of his death. B. The appropriate appropriate court court in any province in which he had an estate estate or property. C. The court court where the first action action was filed filed regardless regardless of the the location of property and residence of the decedent. D. The appropriate appropriate court court in the province where where the decedent decedent willed willed his estate to be settled.
41. 41. Dece eceased X had had prop roperti rties in Makati, ati, Cebu and Canad anada. a. His brother Y was issued letters testamentary by RTC Makati City. Such letters testamentary shall extend to all the estates of deceased X A. in Maka Makati ti only only B. in all the places places where the deceased deceased had properties (Makati, Cebu, Cebu, Canada) C. in Mak Makat atii and and Ceb Cebu u D. in Cebu Cebu only only
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43. 43. OC file iled fo for th the Pe Petitio ition n for for Prob robate of the the la last wi will and and testament. Pending petition, OC died intestate. Heirs of OC FC filed petition to substitute him by OC. ES, one of the heirs opposed holding that the court should appoint administrator or executor. Is the contention valid? (San Juan vs. Cruz, 479 SCRA 410) A. No. The heirs heirs do not need to first secure secure appointment appointment of an administrator administrator of his estate, because from the moment of his death, they stepped into his shoes and acquired his rights as devisee or legatee. B. Yes, prior prior determination determination by the probate court court of who who are the the rightful heirs is necessary. C. Yes, only in the absence absence of executor or administrator administrator that the heirs may be allowed to substitute for the deceased party. D. No, the court court may enjoin enjoin any representative representative to to appear before the court.
44. 44. The The fol follo lowi wing ng are are jur juris isdi dict ctio iona nall fac facts ts whic which h nee need d to to be be all alleg eged ed in the petition for allowance of the will. Which is the exception? A. Fact of the the death death of the the decedent decedent B. His residence residence at the the time of his his death in in the province province where where the probate probate court is sitting C. If he is an inhabitant inhabitant of a foreign country, country, his leaving his estate in such such province where the probate court is sitting D. A copy copy of the will will attach attached ed to the the petition petition
45. 45. When When the the marr marria iage ge is diss dissol olve ved d be the the deat death h of of the the husb husban and d or or wife. The community property shall be: A. Inventoried, administered, liquidated and the debts thereof thereof paid, paid, in the testate or intestate proceedings of deceased spouse. B. The court court may issue issue warrants warrants to compel the the necessary necessary process process of the
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A. to render render judgmen judgmentt in the probat probate e proceedin proceedings gs B. to effect orders orders and judgments, and all the the powers granted them them by law C. to compel the the attendance attendance of witnesses witnesses or to carry into effect their orders orders and judgments, and all other powers granted them by law D. to apprehend apprehend and put put into prison prison non-performer non-performer of an order
48. 48.
The The court ourt in the the ex exer erci cise se of its its prob probat ate e juri jurisd sdic icti tion on may: may:
A. inventory, liquidate and administer administer the property in the intestate proceedings B. render render judg judgmen mentt at anyti anytime me C. issue a warrant for for the apprehension apprehension and imprisonment imprisonment of a person if he does not perform an order of judgment rendered by the court D. compel compel attenda attendance nce of admin administr istrator ator
49. 49. The The jur juris isdi dict ctio ion n of of th the pro proba bate te cour court, t, so far far as as it it dep depen ends ds on the place of residence of the decedent, or the location of his estate, shall: A. be contested contested in a suit suit or proceeding in in an appeal appeal to higher higher court B. be contested contested in a suit suit or proceeding, in an appeal appeal from that court, court, in the original course, or when want of jurisdiction appears on the record C. not be contested contested in a suit or proceeding, proceeding, except in an appeal appeal on higher higher court, or when the want of jurisdiction appears on the record D. not be contested contested in a suit or proceeding, proceeding, except in an appeal appeal from that that court, in the original case, or when the want of jurisdiction appears on the record 50. 50. The The court ourt firs firstt tak takin ing g cogn cogniz izan ance ce of the the sett settle leme ment nt of the the estate of the decedent, shall exercise jurisdiction to the exclusion of all other courts. Is this statement true?
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A. the court court may not act act on the petition petition of M since since during during probate probate proceedings, proceedings, it is limited only to passing upon the extrinsic validity of the will sought to be probated. B. The court court may pass upon the intrinsic validity of the will if it appears appears void on its face C. The court court should first pass upon the extrinsic extrinsic validity validity of the the will and and after its allowance, it is the only time when M may question its intrinsic Validity Validity D. During probate probate proceedings, proceedings, the the court looks looks into both the extrinsic extrinsic and and intrinsic validity of the will
52. 52. The The fol follo lowi wing ng are are evi evide denc nce e nec neces essa sary ry for the the rep repro roba bate te of will wills s which have been probated outside of the Philippines. Which one is not included? A. B. C. D.
Due executio execution n of the will in accor accordance dance with with the foreign foreign laws laws The testato testatorr has his his domicile domicile in the the Philippin Philippines es The will will has been admitte admitted d to probate probate in such countr country y The laws of a foreign foreign country country on procedure procedure and allowance of wills
53. 53. A per perso son n shal shalll be be pres presum umed ed dead dead if abs absent ent and and unhe unhear ard d of for for purposes of opening succession for the period of: A. B. C. D.
4 years 5 years 10 ye years 6 years
54. 54. If a perso erson n pres presum umed ed dead ead turn turne ed out out to be aliv alive e, he he shal shalll be be entitled to: A. no part part in the the estate estate as it it was alrea already dy probate probated d
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B. If the decedent decedent left no will and no debts debts and the heirs are all of of age, or the minors are presented by their judicial or legal representatives duly authorized for the purpose. C. Whenever the the gross value of the the estate of of a deceased deceased person, whether he he died testate or intestate, does not exceed ten thousand pesos, and that facts is made to appear to the Court of First Instance having jurisdiction of the estate by the petition of an interested person and upon hearing. D. When no executor or administrator administrator is assigned assigned by the decedent.
56.
Which statement is right?
A. If there is only one heir, he cannot cannot adjudicate adjudicate to himself himself the entire estate estate by means of an affidavit filed in the office of the register of deeds. B. If there is only one heir, he may may adjudicate adjudicate to himself the entire estate by means of an affidavit filed in court. C. If there is only one heir, he cannot cannot adjudicate adjudicate to himself himself the entire estate estate by means of an affidavit filed in court. D. If there is only one heir, he may may adjudicate adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds.
57. 57. by:
A bon bond d sha shall ll be simu simult ltan aneo eous usly ly filed iled with with the the re regist gistry ry of deed deeds s
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A. The sole heir who adjudicates the entire estate to himself himself by means means of an affidavit shall shall file it with the registry registry of deeds deeds B. The sole heir who adjudicates the entire estate to himself himself by means means of an affidavit shall be filed with the registry of deeds simultaneous with the filing of a bond C. The affidavit affidavit shall be by public public instrument instrument before before the filing filing to the registry of deeds D. The sole heir who adjudicates the entire estate to himself himself by means means of an affidavit shall be be duly signed and must must be in a public instrument instrument
60. 60. When When may may a depri eprive ved d heir heir or cred credit itor or be allo allow wed to comp compel el the the settlement of the estate in the courts for the purpose of satisfying their lawful participation? participation? A. B. C. D.
Anytim Anytime e if ther there e is frau fraud. d. Within 2 years from the approval approval of the will by the the probate court. court. Within Within 2 years from the settlem settlement ent and distribu distribution tion of the estate. estate. Anytime, as long as the will is approved by the probate probate court. court.
61. 61. X di died in 2006 an and on on the the same year year,, an an ex extra trajud judicia iciall settlement of the estate of the deceased under Rule 74 was made by
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A. Yes, the sixty years of inaction on the part part of the the first children children shall shall bar annulment of the partition B. No prescription prescription shall shall lie in favor of a co-owner or co-heirs, in so far as his share is concerned. C. Yes. The The two year prescr prescripti iptive ve period period shall apply. apply. D. No. Absence Absence of notice notice on the other party party should be considered considered 63. AJ bought a property from co-heirs B, F and D. Thereafter, the coheirs made a publication of the Extra Judicial Settlement. Settlement. F and E however, other co-heirs later discovered the sale and refused to resell their share to AJ instead filed an action for annulment of the extra judicial partition. Is the publication of the extra judicial partition binding on the non-signatory heirs? (Cua vs. Vargas, 506 SCRA 374) A. No. The publication publication required for extra extra judicial judicial settlement was made made without the consent of the other heirs. B. Yes. The The transaction transaction occurred occurred after partition so the co-owners could validly dispose of their shares C. Yes. Written Written Notice of sale though though not sent, was cured by the actual knowledge of sale D. No. Publication was made after the partition partition not before before it was partitioned partitioned
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65. 65. With Within in two ye years afte fter set settl tle ement ment and distr istriibut bution ion of of an an estate, an heir or other person who has been unduly deprived of his lawful participation in the estate may: A. B. C. D.
compel compel the settle settlement ment of of the estate estate in in courts courts file file an actio action n for part partiti ition on collect collect the the proport proportiona ionall amount amount due him him file a collecti collection on for for sum sum of money money
66. 66. If withi thin 2 yea years, rs, it it sha shall ll app appear that that the there are are de debts outstanding against the estate which has not been paid. The court having jurisdiction of the estate: A. by order, order, after hearing, settle the amount of such debts debts or lawful participation and order how much and in what manner each distributes shall contribute in the payment thereof B. the court court may may decide decide ex parte parte on the the motion motion C. the court may order or issue execution against against the bond bond without without hearing D. the court court may order order annulment annulment of the extra judicial settlement
67. 67. A min minor or or ment mental ally ly inca incapa paci cita tate ted d perso erson, n, or is in pris prison on or outside the Philippines may file his claim against the estate:
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B. with within in 15 days days C. with within in 30 days days D. with within in 20 days days
70. 70. Afte After r know knowin ing g the the death eath of the the test testat ator or the the name named d ex exec ecut utor or shall: A. B. C. D.
71. 71. A. B. C. D.
within 30 days present the within 15 days present the within 20 days present the within 10 days present present the
will to will to will to will will to
the court the court the court the court
having having having having having having having having
jurisdiction jurisdiction jurisdiction jurisdiction jurisdiction jurisdiction jurisdiction jurisdiction
Afte After r kno know wing ing tha thatt he he is name named d exe execu cuto tor r in in the the will will,, he he shal shall: l: signify signify signify signify
to the to the to the to the
court in court in court in court in
writing writing writing writing writing writing writing writing
his his his his
acceptance acceptance acceptance acceptance acceptance acceptance acceptance acceptance
or refusal or refusal or refusal or refusal
within within 20 days within within 30 days within within 15 days immediately immediately
72. 72. A per perso son n who who negl neglec ects ts the the duti duties es requ requir ired ed in noti notify fyin ing g the the court as an executor within the prescribed period shall:
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75. 75. A re return turn of a wri writt of of habe habeas as corp corpus us is cons consid ider ered ed prim prima a fac facie ie evidence of the cause of the detention if: A. made made by a publi public c offic officer. er. B. made made by a priva private te pers person. on. C. the detenti detention on is pursua pursuant nt to a warrant warrant of arres arrest. t.
76. 76. Whe When a pe person rson is detain tained ed by a privat ivate e pe person rson,, th the wr writ of habeas corpus is directed: A. B. C. D.
to the the said said priva private te perso person. n. to an an offic officer er of of the the law. law. to any any person person desig designate nated d by the the court. court. none none of of the the above. above.
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C. Where the petitioner has been unable to establish by the evidence evidence to be be entitled to the custody of the minor on account of mistaken identity. D. Where the lower court court had no jurisdiction jurisdiction to impose impose the sentence. sentence.
81. 81. Doro Doroth thy y fil filed ed a pet petit itio ion n for for wri writt of of hab habea eas s corp corpus us agai agains nstt her her husband, Roy, to get from him custody of their 5 year old son, Jeff. The court granted the petition and required Roy to turn over Jeff to his mother. Roy sought reconsideration but the court denied it. He filed a notice of appeal five days from receipt of the order denying his motion for reconsideration. Did he file a timely notice of appeal? A. No, since he filed it more than than 2 days after receipt receipt of the decision granting granting the petition. B. No, since he filed it more than than 2 days after receipt receipt of the order denying denying
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quantum of evidence required to establish the parties' respective claims? A. B. C. D.
For Alex, Alex, probable probable cause; cause; for Melba, substa substantia ntiall evidence. evidence. For Alex, preponderance preponderance of evidence; evidence; for for Melba, substantial substantial evidence. For Alex, proof beyond beyond reasonable reasonable doubt; doubt; for Melba, ordinary ordinary diligence. diligence. For both, both, substanti substantial al evidenc evidence. e.
85. The Regional Trial Court in which a petition for a Writ of Amparo is filed is the one which has jurisdiction over the: A. Place of residence of the respondent or any of the respondents. respondents. B. Place Place of residenc residence e of the aggriev aggrieved ed party party only. only. C. Place of residence of the petitioner who is not aggrieved aggrieved party. party.
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A. B. C. D.
Both Both statem statement ents s are corr correct ect.. Only Only Statem Statement ent 1 is is corre correct ct.. Only Only Statem Statement ent 2 is is corre correct ct.. Both statement statements s are are incorre incorrect. ct.
90. 90. Stat Statem emen entt 1. 1. All All lega legall tie ties s bet betw ween een the the biol biolog ogic ical al pare parent nts s and and the adoptee shall be severed and the same shall then be vested on the adopter/s, except where the biological parent is the spouse of the adopter. Statement 2. Only the adoptee can rescind the decree of adoption. A. Both Both statem statement ents s are corr correct ect.. B. Only Only Statem Statement ent 1 is is corre correct ct..
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A. No, since since he filed it more more than 5 working working days after receip receiptt of the decision decision granting the petition. B. No, since since he filed it more more than than 5 workin working g days after after receipt receipt of the order order denying his motion for reconsideration. C. Yes, since since he filed it within within 15 working working days days from receipt receipt of the denial denial of his motion for reconsideration. D. Yes, since he he filed it within within 7 working days from receipt receipt of the denial denial of his motion for reconsideration. reconsideration. 94. 94. Whic Which h sta state tem ment(s t(s) is is / are are tr true abou aboutt th the Wri Writt of of Hab Habe eas Data? A. It is a remedy available available to any person whose whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission B. It is applicable applicable in cases of extralegal killings killings and and enforced disappearances disappearances C. The unlawful unlawful act or omission may may be committed committed by a private private individual individual or
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C. RTC with jurisdiction jurisdiction over the place where the data is gathered, collected, collected, or stored D. Supreme Court Court or Sandiganbayan Sandiganbayan or CA or any justice justice thereof, if the action concerns public data files of government offices. E. None None of the the abo above ve
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A. B. C. D. E.
Both Both state statemen ments ts are are false. false. Both Both state statemen ments ts are are true. true. Only Only state statemen mentt 1 is true true Only Only statem statement ent 2 is is true. true. Both Both are are neithe neitherr true true nor fals false. e.
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B. The manner manner the right right to privac privacy y is violated violated or threaten threatened ed and how it affects the right to life, liberty or security of the aggrieved party. C. The actions actions and recourses recourses taken taken by the petitioner to secure the data or or information. D. The location location of the files, registers registers or databases, databases, the government government office,
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110. 110. The The fol follo lowi wing ng are are pro prohi hibi bite ted d ple plead adin ings gs in fili filing ng peti petiti tion on for for Writ of Habeas Data, except: A. Moti Motion on to dis dismi miss ss B. Motion for extension of time to file opposition, opposition, affidavit, affidavit, position position paper and
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B. Yes, because because confidentiality confidentiality of information information is a lawful defense C. No, because because Sgt. Sgt. Roco is not not authorized authorized to repres represent ent AFP. D. No, because because general denial denial of the the allegations allegations in the the petition is not allowed allowed
115. The hearing on the petition for Writ of Habeas Data shall be
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