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Philippine Bar review · Question

Practice question: Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts (BP 129, as amended by RA 7691 and 11576; Expedited Procedures [AM 08-8-7-SC])

Multiple Choice Hard

Practice question

A claimant seeks recovery of a motorcycle and alternatively its value if delivery cannot be made. All facts place the case within the first-level court’s jurisdiction and summary-procedure coverage. Counsel says the alternative money prayer necessarily converts replevin into small claims. Which is correct?
  1. The alternative prayer does not itself convert recovery of personal property into a simple small claim
  2. Every alternative value prayer creates small claims
  3. Replevin never involves factual issues
  4. A motorcycle automatically exceeds all first-level jurisdiction
  5. All provisional remedies abolish jurisdiction

Legal references

  • RA11576 first-level civil jurisdiction amendments: https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html
  • OCA Circular280-2023, Supreme Court Committee FAQs on2022 Expedited Procedures, questions3,4,8,9: https://oca.judiciary.gov.ph/wp-content/uploads/OCA-Circular-No.-280-2023.pdf

Answer this question in flashcards to review your response and continue practicing.