Quiz 8

Quiz 8

Professional Development

20 Qs

quiz-placeholder

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Quiz 8

Quiz 8

Assessment

Quiz

Professional Development

Professional Development

Easy

Created by

Judge Juv Bella

Used 1+ times

FREE Resource

20 questions

Show all answers

1.

OPEN ENDED QUESTION

2 mins • 5 pts

Mr. A files a complaint against XYZ Corporation. The sheriff attempts to serve the summons at XYZ's principal office, but the security guard refuses to accept it. What should the sheriff do?

Evaluate responses using AI:

OFF

Answer explanation

As per Green Star Express Inc. vs. Nissin Universal Robina Corp., the sheriff should record the refusal and consider it as valid service.

2.

OPEN ENDED QUESTION

2 mins • 5 pts

Ms. B, a resident of Manila, is temporarily working in Singapore. Mr. C files a complaint against her. How can Mr. C serve the summons?

Evaluate responses using AI:

OFF

Answer explanation

Mr. C can apply for leave of court to serve the summons extraterritorially, either personally or as the court may direct, as per the rules on extraterritorial service.

3.

OPEN ENDED QUESTION

2 mins • 5 pts

DEF Corporation, a foreign company, has a contract with GHI Inc., a Philippine company. A dispute arises, and GHI wants to sue DEF. Can GHI serve the summons in the Philippines?

Evaluate responses using AI:

OFF

Answer explanation

Yes, if DEF Corporation is doing business in the Philippines, service can be made on its resident agent or a government official.

4.

OPEN ENDED QUESTION

2 mins • 5 pts

Mr. D files a complaint against a person whose address is unknown. He has exhausted all means to find the defendant. How can he serve the summons?

Evaluate responses using AI:

OFF

Answer explanation

Mr. D can apply for leave of court to serve the summons by publication in a newspaper of general circulation, as provided for when the defendant's identity or whereabouts are unknown.

5.

OPEN ENDED QUESTION

2 mins • 5 pts

A sheriff attempts to serve a summons to Mr. E at his residence three times, but no one is present. The sheriff leaves the summons with a neighbor. Is this valid service?

Evaluate responses using AI:

OFF

Answer explanation

This depends on whether the neighbor is a "person of suitable age and discretion residing therein." If the neighbor fits this description, and diligent efforts were made for personal service, it may constitute valid substituted service. If the neighbor does not fit the description, it is invalid service.

6.

OPEN ENDED QUESTION

20 sec • 5 pts

FGH Corporation files a motion to dismiss a complaint against it, citing lack of jurisdiction over the person. Does this constitute voluntary appearance?

Evaluate responses using AI:

OFF

Answer explanation

No, filing a motion to dismiss specifically on the ground of lack of jurisdiction over the person does not constitute voluntary appearance. This is to allow the defendant to question the court's jurisdiction without waiving their objection.

7.

OPEN ENDED QUESTION

2 mins • 5 pts

Mr. and Mrs. I are sued as spouses. The sheriff serves the summons only to Mr. I. Is this valid service for both?

Evaluate responses using AI:

OFF

Answer explanation

As per Sps. Madrigal vs. CA, service on one spouse is not necessarily service on the other. The rules regarding spouses as defendants should be carefully observed. Service upon both spouses is required, unless the Court rules otherwise.

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