20 multiple choice questions

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20 Multiple choice questions 1. As a general rule, no court has the authority to interfere by injunction with the judgment of another court of coordinate jurisdiction or to pass upon or scrutinize and much less declare as unjust a judgment of another court. However, this doctrine does not apply where a third party claimant is involved. a. Policy of Judicial Hierarchy b. CORRECT: Doctrine of Judicial Stability or Non-interference c. Doctrine of Primary Jurisdiction d. Doctrine of Ancillary Jurisdiction 2. The general rule in Doctrine of Adherence to Jurisdiction is that the law enacted during the pendency of a case which transfers jurisdiction to another court ____ __ ____ cases prior to its enactment. Exceptions are: (1) when the new law ____ ____ for a ____ ____ (2) when the change of jurisdiction is ____ in character. a. 36 129 no application Regional Trial Courts b. CORRECT: does not affect expressly provides retroactive application curative c. Doctrine of Adherence to Jurisdiction d. Doctrine of Primary Jurisdiction 3. X filed an action for Reconveyance of Possession with the RTC of Tangub City against Y. Y questioned the jurisdiction of the RTC over the subject matter because the assessed value of the land was only P11,160 as reflected in the tax declaration. Nevertheless, the RTC took cognizance of the complaint based on the allegation that the present its estimated value is P50,000. Y thereupon appealed to the CA, which affirmed the trial court's disposition of the issue of jurisdiction over the subject matter emphasizing that the plenary action of accion publiciana is cognizable by the RTC. Was the CA correct? a. Doctrine of Primary Jurisdiction b. Doctrine of Adherence to Jurisdiction c. CORRECT: No. In GEONZON VDA. DE BARRERA v. HEIRS OF LEGASPI, R.A. No. 7691 expanded the jurisdiction of first level courts to include real actions where the assessed value does not exceed P20,000 (or P50,000 in Metro Manila). Thus, it has exclusive original jurisdiction over accion publiciana and accion reivindicatoria where the assessed value of the real property does not exceed the aforestated amounts. d. recovery of a sum of money capable jurisdiction 4. It is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it (TIJAM, et al. vs. SIBONGHANOY, et al. 1968). a. Court of law b. nature remedy c. CORRECT: Laches

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20 Multiple Choice Questions

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20 Multiple choice questions1. 2. As a general rule, no court has the authority to interfere by injunction with the judgment of another court of coordinate jurisdiction or to pass upon or scrutinize and much less declare as unjust a judgment of another court. However, this doctrine does not apply where a third party claimant is involved.b. Policy of Judicial Hierarchyb. CORRECT:Doctrine of Judicial Stability or Non-interferenceb. Doctrine of Primary Jurisdictionb. Doctrine of Ancillary Jurisdiction1. The general rule in Doctrine of Adherence to Jurisdiction is that the law enacted during the pendency of a case which transfers jurisdiction to another court ____ __ ____ cases prior to its enactment. Exceptions are: (1) when the new law ____ ____ for a ____ ____ (2) when the change of jurisdiction is ____ in character.c. 36 129 no application Regional Trial Courtsc. CORRECT:does not affect expressly provides retroactive application curativec. Doctrine of Adherence to Jurisdictionc. Doctrine of Primary Jurisdiction1. X filed an action for Reconveyance of Possession with the RTC of Tangub City against Y. Y questioned the jurisdiction of the RTC over the subject matter because the assessed value of the land was only P11,160 as reflected in the tax declaration. Nevertheless, the RTC took cognizance of the complaint based on the allegation that the present its estimated value is P50,000. Y thereupon appealed to the CA, which affirmed the trial court's disposition of the issue of jurisdiction over the subject matter emphasizing that the plenary action of accion publiciana is cognizable by the RTC. Was the CA correct?d. Doctrine of Primary Jurisdictiond. Doctrine of Adherence to Jurisdictiond. CORRECT:No. In GEONZON VDA. DE BARRERA v. HEIRS OF LEGASPI, R.A. No. 7691 expanded the jurisdiction of first level courts to include real actions where the assessed value does not exceed P20,000 (or P50,000 in Metro Manila). Thus, it has exclusive original jurisdiction over accion publiciana and accion reivindicatoria where the assessed value of the real property does not exceed the aforestated amounts.d. recovery of a sum of money capable jurisdiction1. It is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it (TIJAM, et al. vs. SIBONGHANOY, et al. 1968).e. Court of lawe. nature remedye. CORRECT:Lachese. Assessed value1. If the nature of the principal action or remedy sought is primarily for the ____ __ __ ____ __ ____, the claim is considered ____ of pecuniary estimation, and ____ would depend on the amount of the claim (SINGSON v. ISABELA SAWMILL 1979).f. Doctrine of Primary Jurisdictionf. Doctrine of Ancillary Jurisdictionf. CORRECT:recovery of a sum of money capable jurisdictionf. Doctrine of Adherence to Jurisdiction1. In the case of JAKIHACA v. AQUINO, et al. (1990) the SC categorically ruled that the Rule on Summary Procedure applies only in cases filed before the MeTC and MTC, pursuant to Section __ of Batas Pambansa Blg. __. Summary procedures have __ ____ to cases before the ____ ____ ____. Hence, when the respondents appealed the decision of the MTC to the RTC, the applicable rules are those of the latter court.g. Inferior courtsg. CORRECT:36 129 no application Regional Trial Courtsg. Superior courtsg. Constitutional court1. This refers to those courts which, in relation to another, are lower in rank and subject to review and supervision of the latter.h. INCORRECT:Superior courtsh. CORRECT:Inferior courtsh. Court of equityh. Statutory courts1. This is understood to be the worth or value of property established by taxing authorities on the basis of which the tax rate is applied. Commonly, however, it does not represent the true or market value of the property (GEONZON VDA. DE BARRERA and OCO v. HEIRS OF LEGASPI 2008 citing BLACK'S LAW DICTIONARY).i. CORRECT:Assessed valuei. Inferior courtsi. Lachesi. Court of law1. Under its ancillary jurisdiction, a court may (1) ____ __ ____ relative to the matters brought before it (2) ____ __ ____ in which a trial shall be conducted (3) ____ __ ____ at which the witnesses and lawyers may be heard (4) ____ __ ____ __ ____ deposited in court in the course of the proceedings (5) ____ __ ____ and ____ an injunction, attachment, or garnishment.j. Doctrine of Judicial Stability or Non-interferencej. Doctrine of Adherence to Jurisdictionj. 36 129 no application Regional Trial Courtsj. CORRECT:determine all questions regulate the manner determine the hours direct the disposition of money appoint a receiver grant1. Spouses Tijam commenced a civil case for recovery against spouses Sibonghanoy. A writ of attachment was issued by the RTC but was soon dissolved upon the filing of a counter-bond by defendants and the Manila Surety and Fidelity Co., Inc. After trial, judgment was rendered in favor of the plaintiffs. Thereafter, R.A. No. 296 placed within the original exclusive jurisdiction of MTC all civil actions where the demand does not exceed P2000. Can Surety ask the appellate court to set aside the decision of the RTC for lack of jurisdiction to try and decide the case?k. Doctrine of Judicial Stability or Non-interferencek. CORRECT:No. A party cannot invoke the jurisdiction of a court to secure affirmative relief, and after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction.k. motion for reconsideration appellate jurisdiction ejectment not a prohibited pleadingk. Doctrine of Adherence to Jurisdiction1. The Supreme Court has APPELLATE JURISDICTION over an ____ __ ____ __ ____ from the ____ or the ____ in all criminal cases in which the penalty imposed is ____ ____ or ____, and those involving other offenses which, although not so punished, arose out of the ____ ____ or which may have been committed by the accused on the ____ ____, as that giving rise to the ____ ____ ____, regardless of whether the accused are charged as principals, accomplices or accessories, or whether they have been tried jointly or separately.l. 36 129 no application Regional Trial Courtsl. does not affect expressly provides retroactive application curativel. CORRECT:appeal by notice of appeal RTC Sandiganbayan reclusion perpetua higher same occurrence same occasion more serious offensel. Doctrine of Judicial Stability or Non-interference1. This refers to those courts which have the power of review or supervision over another lower court.m. CORRECT:Superior courtsm. Statutory courtsm. Court of equitym. Inferior courts1. This court adjudicates a controversy according to the common precepts of what is right and just without inquiring into the terms of the statutes.n. Court of lawn. nature remedyn. CORRECT:Court of equityn. Inferior courts1. Original and Concurrent Jurisdiction of the Supreme Court with the COURT OF APPEALS in petitions for CPM against the (1) R____ __ ____ ____ (2) N____ however the petitions should be filed with the CA, otherwise, shall be dismissed (3) C____ ____ ____ however the petitions should be filed with the CA (4) Q____-____ ____ however the petitions should be filed with the CA (ST. MARTIN FUNERAL HOMES vs. CA and R.A. No. 7902).o. Doctrine of Judicial Stability or Non-interferenceo. CORRECT:RTC and lower courts NLRC Civil Service Commission Quasi-Judicial Agencieso. ambassadors public ministers consulso. 36 129 no application Regional Trial Courts1. It is settled that a ____ __ ____ may be filed from a decision of the Regional Trial Court in the exercise of its ____ ____ over decisions of the inferior courts in ____ cases. Therefore, a motion for reconsideration is __ __ ____ ____ under the applicable rules of the RTC (SPOUSES REFUGIA v. CA 1996).p. habeas corpus quo warranto certiorari prohibition mandamus amparo habeas datap. Doctrine of Adherence to Jurisdictionp. CORRECT:motion for reconsideration appellate jurisdiction ejectment not a prohibited pleadingp. Doctrine of Ancillary Jurisdiction1. In determining whether the subject of the litigation is incapable of pecuniary estimation, the ____ of the principal action or ____ sought must first be determined (SINGSON v. ISABELA SAWMILL 1979).q. Court of lawq. Statutory courtsq. CORRECT:nature remedyq. Laches1. Where the basic issue is something ____ than the right to recover a sum of money, or where the money claim is ____ to, or a ____ of, the principal relief sought, the subject of the litigation is ____ ____ of pecuniary estimation in terms of money, which is ____ ____ by the Regional Trial Court (SINGSON v. ISABELA SAWMILL 1979).r. CORRECT:other incidental consequence deemed incapable cognizable exclusivelyr. Doctrine of Adherence to Jurisdictionr. recovery of a sum of money capable jurisdictionr. 36 129 no application Regional Trial Courts1. Courts whose proceedings are enrolled and which are bound to keep a written record of all trials and proceedings handled by them (R.A. No. ____ mandates all Municipal Trial Courts to be courts of record. Thus, all Philippine courts are now ____).s. CORRECT:courts of record 6031s. Court of laws. Court of equitys. Superior courts1. This policy means that a higher court will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts.t. courts of record 6031t. Constitutional courtt. CORRECT:Policy of Judicial Hierarchyt. Court of law1. It involves the inherent or implied powers of the court to determine issues incidental to the exercise of its primary jurisdiction.u. Doctrine of Adherence to Jurisdictionu. Doctrine of Primary Jurisdictionu. continuity of jurisdictionu. CORRECT:Doctrine of Ancillary Jurisdiction