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20 Multiple choice questions

1.

As a general rule, no court has the authority to interfere by

accion reivindicatoria where the assessed value of the

injunction with the judgment of another court of coordinate

real property does not exceed the aforestated amounts.

jurisdiction or to pass upon or scrutinize and much less declare

4.

as unjust a judgment of another court. However, this doctrine


b.

does not apply where a third party claimant is involved.


1.

could or should have been done earlier; it is negligence or

CORRECT: Doctrine of Judicial Stability or Non-

omission to assert a right within a reasonable time, warranting a

interference

b.

presumption that the party entitled to assert it either has

3.

Doctrine of Primary Jurisdiction

4.

Doctrine of Ancillary Jurisdiction

abandoned it or declined to assert it (TIJAM, et al. vs.


SIBONGHANOY, et al. 1968).
1.

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
b.

character.
1.

2.

nature remedy

3.

CORRECT: Laches

4.

Assessed value

If the nature of the principal action or remedy sought is primarily


of pecuniary estimation, and ____ would depend on the amount

CORRECT: does not affect expressly provides


retroactive application curative

b.

Court of law

for the ____ __ __ ____ __ ____, the claim is considered ____

36 129 no application Regional Trial Courts


2.

It is failure or neglect, for an unreasonable and unexplained


length of time, to do that which, by exercising due diligence,

Policy of Judicial Hierarchy

2.

recovery of a sum of money capable jurisdiction

of the claim (SINGSON v. ISABELA SAWMILL 1979).


1.

3.

Doctrine of Adherence to Jurisdiction

4.

Doctrine of Primary Jurisdiction

Doctrine of Primary Jurisdiction


2.

Doctrine of Ancillary Jurisdiction

3.

CORRECT: recovery of a sum of money capable

X filed an action for Reconveyance of Possession with the RTC

jurisdiction

of Tangub City against Y. Y questioned the jurisdiction of the

4.

RTC over the subject matter because the assessed value of the
land was only P11,160 as reflected in the tax declaration.

b.

Doctrine of Adherence to Jurisdiction

In the case of JAKIHACA v. AQUINO, et al. (1990) the SC

Nevertheless, the RTC took cognizance of the complaint based

categorically ruled that the Rule on Summary Procedure applies

on the allegation that the present its estimated value is

only in cases filed before the MeTC and MTC, pursuant to

P50,000. Y thereupon appealed to the CA, which affirmed the

Section __ of Batas Pambansa Blg. __. Summary procedures

trial court's disposition of the issue of jurisdiction over the

have __ ____ to cases before the ____ ____ ____. Hence,

subject matter emphasizing that the plenary action of accion

when the respondents appealed the decision of the MTC to the

publiciana is cognizable by the RTC. Was the CA correct?

RTC, the applicable rules are those of the latter court.

1.

1.

Doctrine of Primary Jurisdiction


2.

Doctrine of Adherence to Jurisdiction

3.

CORRECT: No.

In

GEONZON

Inferior courts
2.

VDA.

CORRECT: 36 129 no application Regional Trial


Courts

DE

BARRERA v. HEIRS OF LEGASPI, R.A. No. 7691

3.

Superior courts

expanded the jurisdiction of first level courts to include

4.

Constitutional court

real actions where the assessed value does not exceed


P20,000 (or P50,000 in Metro Manila). Thus, it has

b.

This refers to those courts which, in relation to another, are


lower in rank and subject to review and supervision of the latter.

exclusive original jurisdiction over accion publiciana and


1.

INCORRECT: Superior courts

b.

2.

CORRECT: Inferior courts

3.

Court of equity

4.

Statutory courts

This is understood to be the worth or value of property

3.

ejectment not a prohibited pleading


4.
b.

those involving other offenses which, although not so punished,

true or market value of the property (GEONZON VDA. DE

arose out of the ____ ____ or which may have been committed

BARRERA and OCO v. HEIRS OF LEGASPI 2008 citing

by the accused on the ____ ____, as that giving rise to the

BLACK'S LAW DICTIONARY).

____ ____ ____, regardless of whether the accused are

CORRECT: Assessed value

charged as principals, accomplices or accessories, or whether

2.

Inferior courts

they have been tried jointly or separately.

3.

Laches

4.

Court of law

1.

36 129 no application Regional Trial Courts


2.

does not affect expressly provides retroactive


application curative

Under its ancillary jurisdiction, a court may (1) ____ __ ____


3.

relative to the matters brought before it (2) ____ __ ____ in

CORRECT: appeal by notice of appeal RTC

which a trial shall be conducted (3) ____ __ ____ at which the

Sandiganbayan

witnesses and lawyers may be heard (4) ____ __ ____ __ ____

occurrence same occasion more serious offense

deposited in court in the course of the proceedings (5) ____ __


____ and ____ an injunction, attachment, or garnishment.
1.

4.
b.

Doctrine of Judicial Stability or Non-interference

reclusion

3.

36 129 no application Regional Trial Courts

2.

Statutory courts

4.

CORRECT: determine all questions regulate the

3.

Court of equity

4.

Inferior courts

1.

money appoint a receiver grant


b.

CORRECT: Superior courts

This court adjudicates a controversy according to the common


precepts of what is right and just without inquiring into the terms

spouses Sibonghanoy. A writ of attachment was issued by the

of the statutes.

RTC but was soon dissolved upon the filing of a counter-bond


1.

trial, judgment was rendered in favor of the plaintiffs. Thereafter,

Court of law
2.

nature remedy

MTC all civil actions where the demand does not exceed

3.

CORRECT: Court of equity

P2000. Can Surety ask the appellate court to set aside the

4.

Inferior courts

R.A. No. 296 placed within the original exclusive jurisdiction of

decision of the RTC for lack of jurisdiction to try and decide the
case?
1.
2.

same

This refers to those courts which have the power of review or

Doctrine of Adherence to Jurisdiction

by defendants and the Manila Surety and Fidelity Co., Inc. After

higher

Doctrine of Judicial Stability or Non-interference

2.

Spouses Tijam commenced a civil case for recovery against

perpetua

supervision over another lower court.

manner determine the hours direct the disposition of

b.

The Supreme Court has APPELLATE JURISDICTION over an


cases in which the penalty imposed is ____ ____ or ____, and

rate is applied. Commonly, however, it does not represent the

b.

Doctrine of Adherence to Jurisdiction

____ __ ____ __ ____ from the ____ or the ____ in all criminal

established by taxing authorities on the basis of which the tax

1.

motion for reconsideration appellate jurisdiction

b.

Original and Concurrent Jurisdiction of the Supreme Court with


the COURT OF APPEALS in petitions for CPM against the (1)

Doctrine of Judicial Stability or Non-interference

R____ __ ____ ____ (2) N____ however the petitions should

CORRECT: No. A party cannot invoke the

be filed with the CA, otherwise, shall be dismissed (3) C____

jurisdiction of a court to secure affirmative relief, and after

____ ____ however the petitions should be filed with the CA (4)

obtaining or failing to obtain such relief, repudiate or

Q____-____ ____ however the petitions should be filed with the

question that same jurisdiction.

CA (ST. MARTIN FUNERAL HOMES vs. CA and R.A. No.


7902).

1.

Doctrine of Judicial Stability or Non-interference


2.

b.

1.

consequence

Service Commission Quasi-Judicial Agencies

2.

Doctrine of Adherence to Jurisdiction

3.

ambassadors public ministers consuls

3.

recovery of a sum of money capable jurisdiction

4.

36 129 no application Regional Trial Courts

4.

36 129 no application Regional Trial Courts

It is settled that a ____ __ ____ may be filed from a decision of

b.

Courts whose proceedings are enrolled and which are bound to

the Regional Trial Court in the exercise of its ____ ____ over

keep a written record of all trials and proceedings handled by

decisions of the inferior courts in ____ cases. Therefore, a

them (R.A. No. ____ mandates all Municipal Trial Courts to be

motion for reconsideration is __ __ ____ ____ under the

courts of record. Thus, all Philippine courts are now ____).

1.

1.

habeas corpus quo warranto certiorari prohibition


mandamus amparo habeas data
2.

Doctrine of Adherence to Jurisdiction

3.

CORRECT: motion for reconsideration appellate


jurisdiction ejectment not a prohibited pleading

4.

b.

In determining whether the subject of the litigation is incapable

CORRECT: courts of record 6031


2.

Court of law

3.

Court of equity

4.

Superior courts

This policy means that a higher court will not entertain direct
resort to it unless the redress desired cannot be obtained in the

Doctrine of Ancillary Jurisdiction

of pecuniary estimation, the ____ of the principal action or ____

appropriate courts.
1.

courts of record 6031

sought must first be determined (SINGSON v. ISABELA

2.

Constitutional court

SAWMILL 1979).

3.

CORRECT: Policy of Judicial Hierarchy

4.

Court of law

1.

b.

incidental

deemed incapable cognizable exclusively

CORRECT: RTC and lower courts NLRC Civil

applicable rules of the RTC (SPOUSES REFUGIA v. CA 1996).

b.

CORRECT: other

Court of law
2.

Statutory courts

3.

CORRECT: nature remedy

4.

Laches

Where the basic issue is something ____ than the right to

b.

It involves the inherent or implied powers of the court to


determine issues incidental to the exercise of its primary
jurisdiction.

1.

Doctrine of Adherence to Jurisdiction

recover a sum of money, or where the money claim is ____ to,

2.

Doctrine of Primary Jurisdiction

or a ____ of, the principal relief sought, the subject of the

3.

continuity of jurisdiction

4.

CORRECT: Doctrine of Ancillary Jurisdiction

litigation is ____ ____ of pecuniary estimation in terms of


money, which is ____ ____ by the Regional Trial Court
(SINGSON v. ISABELA SAWMILL 1979).

2.

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