by: sirdondee@gmail.com sirdondee@gmail.com sirdondee@gmail.comPage Page Page Page 8 10 11 13 16 9 14 15 of of 12 of of of 66 66 66 66 of 66 affairs. Raphael 66 case.

Was This Is filed the the is Remedial Law Bar Examination Q & A (1997-2006) law, the result of the testing cannot be stand Katarungang Pambarangay; Lupon; Extent of Authority; distinguished municipal a complaint circuit Industries against from trial REMEDIAL Xthe sustainable? court Corporation correct LAW Explain. for in which the its under In billion. It The contribution was rendering plaintiff the He not jurisdiction announced sued proper in a respect decision, the for of defendant to to the Ricky the should his RTCs. opponent's public to in a (Russell join the court that RTC his (e)ofA EE petition for probate of a was will estimation prejudice 1 Legal to and, interest the therefore, rights against of each the both; necessary action or considered to be the fruit ofcaused a poisonous tree (2001) P.D. No. 1508; Sec. 415, Local Government Code v. Vestil, 304 SCRA 738,[1999]). prescribes ruling? payment Why? of the P100,000.00 (5%) method of for enforcing storage rights charges or take the causes for claim. VRIS damages into (Sec. of project consideration 11 action of allegedly Rule has against 6) been the set possible Perry aside. by in effect Two his the [2%] within involving party. 2 (Sec. So an situated 9 jurisdiction of estate Rule 3) as valued of to RTC. be at 200.000.00 adversely (Russel v. and can befor offered inthe evidence toPerry prove the and GENERAL PRINCIPLES SUGGESTED ANSWER: of 1991, R.A. 7160.) No such Vestil, 304 SCRA 738 [1999]; Copioso v. An amicable settlement was signed before obtaining other redress advances for their for invasion the prohibition goods. (Bustos v. X of its Commissioners complaint latters verdict encroachment partition upon sided with on against political the Chairman plaintiffs stability Go, and lot. falls within the Jurisdiction the affected by a distribution or ofother qualifying circumstance under the information Copioso, No. 149243, October 28,2002; Yes, a) the A Municipal COUNTERCLAIM Circuit Trial is 20, any Court claim was Actions; Derivative Suit vs.voted Class Suit (2005) Actions; Cause of Joinder ofto Action (1999) Bar by Prior Judgment vs. Conclusiveness of Judgment However, the causes action for annulment is a Lucero, exists in G.R. the pre-trial negotiations under a Lupon Tagapamayapa January 3, 2001. G.R. No. L-2068, October Corporation filed a motion dismiss the and but Marvin. In his economic the answer, The majority welfare the defendant of ofon the action to nation? uphold denied may 4% the the be Metropolitan disposition orAction; Trial property Courts in in the Metro custody Manila of Cabutihan v. Landcenter Construction, 383 for qualified rape under R.A. No. 8353. The correct which a in defending proceeding party to may hear have the against case. It (1997) Distinguish a derivative suit from a class a) What is the rule on joinder of SUGGESTED ANSWER: ADDITIONAL ANSWER: personal action and venue depends on 1948). the Rules of Court. On July 6, 2001, thethe prevailing party asked (Sec. 19[4] of BP 129, as of amended). on the ground res judicata. X contract. between plaintiffs claim the same and alleged parties, that Ricky it was and the complaint court or of an officer thereof. SCRA 353 [2002]). ALTERNATIVE ANSWER: for a writ of preliminary fruit, of the poisonous tree doctrine refers to SUGGESTED ANSWER: No, because a court is required to take (b) An application Remedial Law; Concept (2006) Family Courts Act (2001) has an opposing exclusive party. jurisdiction (Sec. 6, Rule in all 6) matters of Distinguish suit. Bar by prior judgment from causes of action? (2%) residence of either A or B. Hence, it aCorporation Meanwhile, Fotokina filed with the RTC the Lupon to execute the amicable alleged thatwill Raphael should have Perry, plaintiff with who respect in fact to had the encroached loan but not on with his 3 Intervention not unduly delay If the action affects title to or possession that rule of evidence that excludes any A DERIVATIVE SUIT is a suit in equity that into consideration only the legal issues injunction may be granted by a the Municipal What b) is A should secured the concept two loans of remedial from B? law? one for a) How the records of child and probate, both testate and intestate, where conclusiveness of judgment petition for mandamus compel the COMELEC should be brought in the RTC of the place settlement because of the non-compliance incorporated in his complaint for interpleader respect (defendants) to the land. partition Accordingly, which includes the or prejudice the adjudication of rights of real A property then it is a real action and evidence which mayadmitted have been derived or b) counterclaim is distinguished is filed by a minority shareholder in behalf SUGGESTED ANSWER: SUGGESTED ANSWER: and the evidence in the case. Court in an action of forcible entry and (2%) P500,000.00 and the other for family cases in the Family Courts or RTC to implement the contract. The Office of the the the value of the estate does not exceed where of the parties resides. by theeither other party of the terms of the for storage fees and and Marvin. defendant The counterclaimed joinder is between against a partition or original parties; acquired from a tainted or polluted source. jurisdiction is determined byadvances the assessed The concept of Remedial Law lies at the very Bar by prior-judgment is the doctrine of his claim from a CROSSCLAIM in that a cross-claim of a corporation to redress wrongs Day vs. RTC of Zamboanga, 191 Jurisdiction; Incapable of Pecuniary Estimation (2000) The political stability and economic unlawful detainer. (Sec.33 of BP 129; P1,000,000.00, payable on different dates. designated by the Supreme Court to Solicitor General (OSG), representing P100,000.00 (now P200,000.00). The value agreement. The concerned refused his failure he was barred from and plaintiff a evidence sum for of damages money, but resulting PARTITION from is the a that SCRA610. 4 for Intervenors rights may not be fully Suchjudicata, isLupon inadmissible for having value of the property. It is within the core of procedural due process, which res which bars afor second action is any claim by one party against a cocommitted against it, which the A files an action in the Municipal Trial Chairman Go, opposed the petition on the welfare of the nation are extraneous to the Both have fallen due. Is B obliged to file handle Family Court cases be treated and in this his case P95,000.00 is within its to execute the settlement/agreement. a) Isinterposing emanated from spurious origins. The doctrine, claim. Raphael replied that he special alleged civil encroachment action under on Rule his 69, lot. which The protected in a of separate proceedings. jurisdiction therefore of the Metropolitan means a law which hears before it Jurisdiction vs. Venue (2006) when there is identity of parties, subject party arising out of the transaction or directors refuse tothe sue, the real party in Court against B, natural son of As ground that mandamus does not lie to settlement/agreement? (3%) b) What case. They can have persuasive influence only one complaint against A for the dealt with? (3%) b) Under what conditions jurisdiction. In determining the however, does not apply to the results obtained the Lupon correct in refusing to execute the could not have claimed storage fees and other cannot plaintiff be filed joined an with ex parte other motion causes for of condemns, which proceeds upon inquiry and former Rule 39; Sec, 47 [b] of new Trial Court. Distinguish jurisdiction from venue? SUGGESTED ANSWER: matter and cause of action. 49[b] of occurrence that is the subject matter interest being the corporation itself (Lint v. enforce contractual obligations. During the father, for the partition of a(Sec. parcel of land should be course of action of the but they are not the main factors that recovery of both loans? Explain. (2%) may the identity of parties in child and jurisdictional amount, excluded are pursuant tothe Sec. 1, Rule 28, 1997 Rules of Civil SUGGESTED ANSWER: in his complaint for interpleader action. extension 5[b], of Rule time 2,) Also, to the answer causes the of advances Rule 39).(See. SUGGESTED ANSWER: renders judgment only after trial, and a. The rule on JOINDER OF CAUSES OF (2%) (B.P.Blg. 129, Sec. 33, as SUGGESTED ANSWER: Lim-Yu, G.IL No. 138343, February 19, either of the original action or of a proceedings, the majority Commissioners filed located prevailing in Taytay, party Rizal in such with an a case? assessed should be considered in deciding a case. A family cases be divulged (2%) Procedure, as it does not contemplate a search (b) The Court could declare B in default attorneys fees, litigation expenses and JURISDICTION treats of the power of the because he was not yet certain as to who was action defendants pertain counterclaim, to different but venues the court and Conclusiveness of judgment precludes the contemplates an opportunity to be heard amended) a) The records of child and family cases ACTION is that a party may in one 2001) , while a CLASS SUIT is filed SUGGESTED ANSWER: a manifestation that Chairman Go was not counterclaim therein. A counterclaim is SUGGESTED ANSWER: value of P20,000.00. B moves to dismiss (2%) Montilla, G.R. No. 123872, January within theshould moaning ofbased the law. (People v. rules decision be on the law, because B did not obtain a writ of preliminary costs; these are considered only for Court to decide a case on the merits, while therefor. Resolve the motion with jurisdictions. denied the motion The case on for the a sum ground of money that it before judgment is rendered (Albert v. relitigation of a 2,) particular issue in another Jurisdiction; RTC (2002) G.R. No. L-19118, 30, in the Family Code toJanuary handle Family Court pleading assert, in the alternative or The motion to dismiss should be granted. a) Yes, the Lupon isground correct incommon refusing to regarding a controversy of or authorized by the COMELEC En Banc toliable 30,1998) City. (Sec. 5,OSG Rule against an opposing party while a crossthe action on the that the case injunction or a temporary restraining order May the represent Chairman Go of procedure, justice and equity. However, determining the filing fees. VENUE refers to the place where the suit University Publishing, reasons. (4%) 1965). pertains should have to the been municipal set for court hearing. and cannot On the action between the same parties on a P sued A in the RTC-Manila to recover the Raphael should have incorporated in his cases shall be dealt with utmost otherwise join as many causes of action as execute the settlement/agreement general interest in behalf of many persons oppose the petition. SUGGESTED ANSWER: claim is against a co-party. (Sec. 8, Rule 6) should have been brought in the RTC from be the RTCIn prohibiting the judge from before the RTC notwithstanding that his in exceptional cases the court may may filed. criminal actions, however, Remedial Law is that branch of law which c) No, because if no motion to dismiss be defendants filed in Pasay motion, City because therefore, the the plaintiff court complaint for interpleader his claim for storage different cause of action. (Sec. 49 [c] of following sums: (1) P200,000.00 on an JURISDICTION confidentiality. (Sec. 12, Family Courts Act of he may have against an opposing party, No, the plaintiff was not validly declared in because Actions; Cause the of Action; execution Splitting sought (1999) is already so numerous that it is impracticable to join proceeding in the case during the pendency position is contrary to that of the because the action is one that is and not consider the political stability venue is jurisdictional. Jurisdiction is a prescribes the method of enforcing the fees and advances, theparties amounts of which were former Rule 39; sec. 47 [c] of new Rule 39). has been filed, any of the grounds for is declared from Manila the plaintiff while Ricky in and default Marvin on are the b) The identity of in child and 1997) overdue promissory note, (2) P80,000.00 SUGGESTED ANSWER: provided that the rule on joinder of parties default. Aof motion for extension of time to a) What is the rule against splitting a beyond the period of six months from the all as parties, a number which the court of the petition for certiorari. majority? (5%) capable pecuniary estimation as it (Sec. 7 of Rule 65; Diaz v. Diaz, 331 SCRA 302 economic welfare of the nation when these matter of substantive law; venue, of Cause of action vs. Action (1997) rights or obtaining redress for their obviously determinable atbe the time of may the filing dismissal provided in the Rules be Yes, the OSG may represent the COMELEC from counterclaim. Batangas Was the plaintiff validly family shall not divulged unless 1.] the joinder shall not include Jurisdiction (1997) Katarungang Pambarangay; Objective (1999) on the cases purchase price of a computer, (3) is complied with; file an answer may be filed ex parte and ALTERNATIVE ANSWER: date cause of of the action settlement and its within effect which on the finds sufficiently representative who may [2002]. involves primarily a determination of are capable of being taken into judicial procedural law. Jurisdiction may be not be Distinguish Cause of action from L-2068, October 20, 1948; First Lepanto of the complaint. They are part of Raphael's invasion (Bustos v. Lucero, G.R. No. Chairman before the RTC notwithstanding (4) pleaded P100,000.00 as an affirmative for attorneys defense fees in and the 1991) declared default? Why? (5%) SUGGESTED ANSWER: necessary and with authority of the judge. special civil actions or actions governed What courts have jurisdiction over the is the object of P150,000.00 for damages to his car and The Court should not declare B in default [Amante vs. Sunga, 64 SCRA 192 need not be set for hearing. respective rights of the parties for failure Lupon is in authorized to execute. (Sec. 417, sue or defend for the benefit of all. (Sec. 12, SUGGESTED hereditary ANSWER: rights and not merely the bare Ceramics, Inc. v. CA, G.R. No. 110571, conferred by consent through waiver upon a notice of and are relevant to the case. cause ofwhich action which he may not be split. action ALTERNATIVE ANSWER: Actions; Filing; Civil Actions & Criminal Action (2005) that his position is contrary to that of a The motion should be granted. The action (Id.) answer may include a counterclaim. litigation expenses. Can A move to dismiss (1975)]. following cases filed in Metro Manila? a) by special rules, but may include Katarungang Pambarangay Law? (2%) inasmuch as themay jurisdiction of except MTC was Local Government Code of to comply with the same? (2%) Rule 3) Itreal is worth noting that a derivative A CAUSE OF ACTION is an act or omission March 10, 1994). right to property. Resolve the motion. court, but venue be waived, in Hence, when the warehouseman asks the court G.R. No. 145022, September 23, 2005; The general rule is that a counterclaim Interlocutory Order (2006) majority ofpurchased the Commission members inthe the b) While After cruising the on six-month a on highway, period, a taxicab SUGGESTED for partition depends alot determination of the This case is the what on the A the ground did Petition by that filing the an court Answer has causes of action pertaining to different Anone action for performance or, in b) A a from B for put in issue in For Certiorari Rights of Accused; Validity; Test (2005) suit isbe a ANSWER: representative suit, just like a of party inspecific violation of the legal right to ascertain among the are criminal cases (Nocum et HIV al. v. defendants Tan, (2%) Santos III v.who Northwest Airlines, G.R. No. must answered within ten (10) days The object of the Katarungang COMELEC because the OSG is an What is an interlocutory order? prevailing driven by Mans party hit should an electric move to post. execute As a the hereditary rights of A and B, which is alleging the lack of legal capacity of EE no jurisdiction over the subject matter? alternative, for damages in the amount of venues or jurisdictions provided one Pl,500,000.00. He gave a down payment filed with the RTC. The MTC should defer Under Republic Act No. 8353, one be class suit. entitled to the goods, he also has the may right to 101538, June 23, 1992). or rights of the other (Maao Sugar Central SUGGESTED ANSWER: from service. (Rule 11, sec. 4). However, a independent office; it's hands are not Pambarangay Law is to effect an amicable (2%) the result settlement/agreement thereof, its passenger, in Jovy, the not capable of pecuniary estimation. P180,000.00 b) An action for a writ of Explain. Industries (2%) to sue because it is not a duly charged with and found guilty ofthe qualified rape cause of action falls within the of Barrios, P500,000, signed a Sec. promissory note further proceedings pending result of Jurisdiction; CTA Division vs. CTA En Banc (2006) ask who should pay for the storage fees and vs. 79 Phil. 606; 2 of new Rule An interlocutory order refers to164 an SCRA order No, because the RTC-Manila has shackled to the cause of its replevin client agency. counterclaim that raises issues which are settlement of disputes among family and appropriate suffered serious city or injuries. municipal Mans trial court. was Hence, even though the assessed value of injunction. c) An action for of a Corporation v. Court Appeals, 421 registered corporation with a counterclaim if he knew on or before the commission the jurisdiction of a of RTC and venue payable thirty days after date, and as a such petition. (Eternal Gardens Memorial other related expenses. The filing ofof lies the Mark filed with the Bureau of Internal 2), causing damage to another. issued between the commencement and jurisdiction over the subject matter. P may The primordial concern of the OSG is to see deemed automatically joined by barangay members at the barangay level [1988]). (Id.) subsequently charged before the crime that he is afflicted with Human Immuno2.] the aggregate amount claimed the land is P20,000.00, the Municipal Trial motorcycle valued at for damages. The dismissal of the Park interpleader is available as a ground for therein; security for the settlement the An ACTION is an ordinary suit in a of court of Revenue a and complaint for refund of taxes CIVIL PROCEDURE [Gojo v. Goyala, 35 SCRA 557 the end of the suit which is 4, not a final sue A in of one complaint asserting as many to it that the best interest of the government Jurisdiction; MTC (2002) allegations of the Complaint need not be Vestil, supra) v. Quyano-Padilla, September 18, without judicial recourse and consequently Deficiency Virus (HIV)/Acquired Immune P150,000.00. d) An action for interpleader Municipal Trial Court with reckless shall be the test of jurisdiction where Court has no jurisdiction. (Russell v. dismissal complaint the on second this case. ground (Sec. isRule without 2,) It is obligation, mortgaged the same lot to B. Justice by which one party prosecutes paid, but it was not acted upon. So, he (1970)]. No. 1508, theresulting former and the first Katarungang is upheld (COMELEC decision of the whole controversy and causes of action as he may have and since 2002). P sued A and B in one complaint in the Deficiency Syndrome (AIDS) or any other answered. help relieve the courts of docket to determine who imprudence in serious physical akin to a compulsory counterclaim which, if not the claims in all the causes of action prejudice to complaint the prosecution of the When note fell due and A failed to pay, another for the enforcement or protection filed a similar with the Court of In thisthe case, the defendants counterclaim Pambarangay Law.) (Gallardo et be al. v. People, G.R. No. 142030, Incapable of Pecuniary Estimation (2003) Jurisdiction; Actions; Cause Ombudsman of Action vs. Case Action Decisions (1999) (2006) leaves something more to be done on its all the claims are principally for recovery sexually transmissible disease and the or Thereafter, Jovy filed a P.D. civil action against RTC-Manila, the cause of action against A set up, shall barred. (Sec. 2, Rule 9, ;virus Arreza between the defendants is entitled to receive congestion. (Preamble of No. 133113, August 30, injuries. are principally for the recovery of counterclaim in the same action because B commenced suit to recover from A the of a right, or the prevention or redress of a Tax Appeals raffled to one of its Divisions. April 21, 2005; Investments Inc. v. Court of is compulsory counterclaim which arises Liberal Construction; Rules of Court (1998) Actions; Cross-Claims; Third Party Claims (1997) A filed with the MTC Manila an action Distinguish action from cause of action. Does the Court of Appeals have disease is transmitted to the victim. Under merits v. Diaz, G.R. of money, the aggregate amount claimed Lourdes, the owner the the taxicab, for being an(Sec. overdue promissory note for 2001) amount P190,000.00 from plaintiff. the of money. 5, Rule 2 of the 1997 Rules) it is a on compulsory counterclaim. (Sec. 6 of 2). balance of P1,000,000.00. After securing G.R. No. 60036, January 27, 1987 wrong. (Section 1 of former Rule Mark's complaint was dismissed. Thus, he SUGGESTED out or is connected with the transaction How shall the Rules of Court be construed? Section 17(a) of Republic Act No. 8504 the B and C borrowed P400,000.00 from A. The for specific performance against B, a [2%]Appeals, jurisdiction (2%) to review the Decisions in Actions; Cause of Actions; Motion to Dismiss; bar by shall be the test of jurisdiction. [Rule 2, sec. breach ofANSWER: contract, and Mans for quasiP300,000.00 and that against B being on e) A petition for the probate of a will Rule 16.) cited in Denso Phils, v. /AC, G.R. No. 75000, a favorable judgment on his claim, B SUGGESTED ANSWER: An ACTION is one by which a party sues filedjudgment with Court of Appeals ato petition court may the compel the accused submit and occurrence constituting the subject resident of Quezon City,filed to compel promissory note was executed by B and C criminal and administrative cases of the the prior (2002) b. No. Joinder isof only permissive since 5(d)]. The aggregate amount claimed is delict. Lourdes and Mans a to estate valued atmotion an alleged balance P300,000.00 on the involving an Civil Actions vs.the Special Proceedings (1998) Feb. 27, 1987). The Rules of Court should be liberally brought another action against A before another for enforcement or protection himself to a blood test where blood samples for certiorari under Rule 65. Does the SUGGESTED ANSWER: matter of the plaintiffs claim. It raises the in a Joint and several capacity. B, who latter to execute a deed of conveyance Ombudsman? (2.5%) Rolando filed a petition for declaration of SUGGESTED ANSWER: the loans are exclusive separate loans may P450,000.00, of the which amount of Judgment vs. Opinion of the Court (2006) dismiss the in civil action onpromote the ground of P200,000.00. purchase price of goods sold on credit. Distinguish civil actions from special construed order to their The Supreme Court has exclusive appellate would be extracted from his veins to Carmela determine the same court to foreclose the mortgage. of a right, orof the prevention or redress of Court of Appeals have jurisdiction over same issue who encroached on whose (a) An action for specific performance or, in covering a parcel of land situated in received the money from A, gave C the nullity ofby his marriage to be governed the different terms and P100,000.00 for attorneys fees and litis pendentia, that is, the pendency of What is the difference between a Does the RTC-Manila have jurisdiction SUGGESTED ANSWER: proceedings. [3%] whether he has HIV. (8%) jurisdiction over decisions of need the Ombudsman objective of securing adismiss just, speedy and A now files a motion to the second Jurisdiction; Subdivision Homeowner (2006) a wrong. (Sec. 3(A), Rule ) Mark's petition? (2.5%) SUGGESTED ANSWER: the alternative, for damages in the amount land. Hence, there was no to answer P200,000.00. C, in turn, loaned Quezon City having an assessed value of because of the alleged psychological SUGGESTED ANSWER: conditions. The twois loans give rise to two expenses of litigation. Hence, the RTCthe civil action impliedly instituted in . the judgment and an opinion of the court? No. The procedure governed by Sec. 11 over thethe case? Explain. (3%) a) Are rights of the accused to be in criminal cases (Sec. 14, R.A. 6770) In A CAUSE OFthe ACTION is the act or cause omission inexpensive disposition every action action on ground of bar by prior What court has jurisdiction over anbe action No, the RTC-Manila has noand jurisdiction over of 180,000.00 falls the jurisdiction of the counterclaim. a. The rule against splitting a of SUGGESTED ANSWER: p19,000.00. B received the summons and P100,000.00 out of the P200,000.00 he incapacity of the latter. A CIVIL ACTION is within one by which a party separate causes of action may the Manila has jurisdiction. criminal action for reckless imprudence (2.5%) of R. A. 9282. Decisions of a division of the ADDITIONAL ANSWER: presumed innocent of the crime charged, administrative and disciplinary cases, Actions; Counterclaim vs. Crossclaim (1999) by and which proceeding. a party (Sec. violates 6, Rule 1 1997 a right Rules of of judgment. Rule on the motion. (2%) for specific performance filed by a the case. Athe and B In could not bedisposition joined as Metropolitan Trial Courts in Metro Manila. SUGGESTED ANSWER: RTC of Quezon City, can B file a crossThe judgment or fallo is the final After trial, court rendered judgment action and its effect are that if January two or received to D. a) an action filed byto A a copy of the Complaint on 02 sues another for the enforcement or basis of separate complaints. resulting in serious physical injuries. However, strict observance of the rules is Court of two Tax Appeals must be appealed to privacy, and against self-incrimination appeals from the Ombudsman must be taken Civil Procedure.) a) What is a counterclaim? (2%) b) another. (Sec. 2, Rule 2 specific ofshould the 1997 Rules) An The motion to dismiss be denied. Although an action for performance subdivision homeowner against a defendants in one complaint because the of the Court which is reflected in the claim against C for the amount of Actions; Cause of Action; Joinder of Action (2005) dismissing the petition on the ground that more suits are instituted on the basis of 2003. On 10 January 2003, B43 filed are a against B and C with the protection of a right, or the prevention or Resolve the motion with reasons. (4%) an imperative necessity when they the Court of Tax Appeals en banc. Further, violated by such compulsory to the Court of Appeals under Rule (Lanting v. Ombudsman, G.R. No. 141426, Distinguish a counterclaim from a action must be based on a cause of The action for breach of contract against is not capable of pecuniary estimation, since subdivision developer? Choose the testing? correct dispositive right to portion against of both thedefendants do A P200,000.00? b) C file a decision. third party Perry is relief a resident of Manila, while Rolando failed to Can prove the psychological SUGGESTED ANSWER: the same cause of action, the filing of one Motion to Dismiss the Complaint on the redress of a wrong. (See. 3[a], Rule 1, 1997 considered indispensable to the prevention the CTA now has the same rank asRicky the Explain. May 6, 2005; Fabian v.the Desierto, G.R. No. crossclaim. (2%) 1 The Housing and Land Use action. (Sec. 1, Rule 2 of 1997 Rules) the alternative demand for damages is taxicab owner cannot be barred by the decision is directly prepared by a judge and answer. Explain. not arise out of the same transaction or complaint against D for the amount of P No. The court may compel the accused to and Marvin are residents of Batangas City. incapacity of his wife. The judgment or a judgment upon the 1998; merits in any one ground of lack of is jurisdiction contending Rules of Civil Procedure), while a (1998) SPECIAL 129742, of needless September delays and 16, to the Sec. orderly 14, RA. and Court of Appeals and is clearly no longer Actions; Cause of Action; Joinder & Splitting c) A, who engaged in tile SUGGESTED ANSWER: capable of pecuniary estimation, it is within Regulatory Board signed by him, containing and criminal action against the taxicab driver, 2) series of transactions there is no 100,000.00? submitare himself to a and blood test They the coowners of a parcel of having become final, Rolando filed is available as a ground for the dismissal that the subject matter of the suit was PROCEEDING is a remedy by which a party 6770). speedy dispatch of Judicial business . considered a quasi-judicial agency. It to is Give the effects of following: installation business, was sued byheld EE the jurisdiction of the the Metropolitan Trial distinctly 2 The a statement Securities of the and facts Exchange proved although the taxicab owner can be common question of law or fact common 3[C]. Rule 1,1997 Rules of Civil determine whether he has HIV under Sec. residential land located in Pasay City with Jurisdiction; Probate (2001) another petition, this time on the ground of the others. (Sec. 4, incapable of pecuniary estimation. The seeks to establish aRule status, a right or a (Alvero vs. Judge de la Rosa, 76 Phil. 428) (a) Yes. B can file in awhich cross-claim against C likewise provided the said law that the 1 Splitting a single cause action: Industries for breach of contract for Courts in Metro Manila. (Sec. 33 of of BP 129 as and the law upon the rights judgment is b. The motion to dismiss should be Commission Procedure.) Cruz us. Tan, 87 the Phil. 627]. subsidiarily liable in the criminal case, if andSingson, Adm. No. RTJ-91-758, to both. (Rule 3, Matter sec. 6). Hence, separate 17(a) of R.A. No, 8054. His to be an assessed value of P100,000.00. Perry Josefa filed in Municipal Circuit Trial that his marriage to Carmela had been Remedial Law in Phil. System of Govt (2006) court denied the motion. In due time, B particular fact. (Sec. for the amount of 200,000.00 given to C. decisions of the CTA en bane are amended by RA No. 7691: (3%| installing different marble tiles in its based (Etoya v. Abraham September 26, 1994). Conciliation granted. When B Katarungang commenced Pambarangay suit to vs. 3 The Regional Trial Court the driver is insolvent. On the other hand, complaints will have be files and they presumed innocent ofto the crime charged, borrowed P100,000.00 Ricky which he Court of Proceedings; Alicia and Mabini, a petition for celebrated without afrom license. Isunder the How are remedial implemented in filed with the RTC alaws Petition for Certiorari SUGGESTED ANSWER: A cross-claim isthe a claim filed by one party cognizable by Supreme Court 2 Non-joinder of a necessary party. [2%] 144 (b) An action for injunction is not capable SCRA 377 (1986)]. offices as provided in note, their contract. SUGGESTED ANSWER: Pre-Trial Conference (1999) collect on the promissory he waived 4 The Commercial Court or the the civil action for quasi-delict against the would fall under the jurisdiction of the to Jurisdiction; privacy Incapable and against of Pecuniary self-incrimination Estimation (2000) promised to pay on or before December 1, the probate the will her husband, second action barred by the judgment in our system ofthe government? (2%) 1. The effect of splitting aof single cause of praying that said Order be set aside An opinion of the the 1997 court is the informal against aANSWER: co-party arising out of of the Rule 45 of Rules SUGGESTED No, the second action is not barred by Civil the of pecuniary estimation and hence falls Without filing any motion to dismiss, A What is the difference, if any, between the his right to foreclose the mortgage. B Regional Trial Court designated by the driver is an independent civil action under Metropolitan Trial Court. [Flores v. MallareSUGGESTED ANSWER: are not violated by such compulsory A brings an action in the MTC of Manila 2004. However, Perry failed to pay his Martin, died in no the Municipality of the first? Why? (2%) Jurisdiction; Office of the Solicitor General (2006) because action iswho the found MTC inhad the rule jurisdiction as follows: over If An action for specific performance expression of the views of the court and transaction or occurrence that is by the Procedure. judgment in the first because they area within the jurisdiction of the RTCs. filed its Answer with Counterclaim conciliation proceedings under the split his cause of action. Supreme Court to inannulment hear and decide Philipps, Remedial laws are implemented in filed our Article 33 of the Civil and Sec. 3, testing. against In B an for action the which the physical of an loan. Perry also rejected Ricky and Marvin's Alicia, the residence of Code the spouses. The In 1996, Congress passed Republic Act No. two or more suits are instituted on the the case. 6% On 13 February 2003, A subdivision homeowner against a subdivision cannot prevail against its final order. The subject matter of the original or a Actions; Cause of Action; Splitting (2005) different causes of action. Theaction first is for (a) Was the denial of the Motion to theorizing that EE Industries has no legal Katarungang Pambarangay Law and the "commercial cases." system of government through the pillars Rule 111 of the Rules of Court, which can condition of a party isand injurisdiction controversy, the extrajudicial foreclosure sale ofVoter's real proposal to partition the property. Ricky probable value ofcause theto estate which 8189, otherwise known as the developer is within the of the with basis the of the MTC same a motion of declare action, B the in opinion of the court is contained in the counterclaim therein may include a (c) An action for replevin of a motorcycle Raphael, a warehouseman, filed a annulment of marriage on the ground of Dismiss the Complaint correct? (Look for citation of latest case, in capacity to sue because it is not a duly negotiations for an amicable settlement of the judicial system, including the be filed separately and can proceed court property may with order an the accused assessed to value submit of to filed a complaint against Perry and Marvin consisted mainly of a house and lot was Housing Registration and Act Land ofUse 1996, Regulatory providing Board. for filing of The one or a judgment on the merits default. motion was opposed by B on body of the decision that serves as a guide claim that the party against whom it is 2004) 2004) valued at 150,000.00 falls within the (b) Resolve the Motion to Declare the complaint against V Corporation, X psychological incapacity under Article 36 registered corporation. By action way of during the pre-trial conference under the prosecutory service, our courts of justice independently ofhis the criminal and a physical examination. (Sec. 1, Rule 28, P50,000.00 located in Laguna. The in Pasay City for the partition of placed at ANSWER: P95,000.00 and in the petition Sec. 1 RTC of P.D. 1344 provides that the HLURB computerization of elections. Pursuant the in any ground one is that available Petition as a ground for Certiorari for the or the enlightenment to determine the ratio asserted is of or may be liable to the crossSUGGESTED jurisdiction of the Metropolitan Trial Courts Defendant in Default. b) If the result of such test shows that Corporation and Y Corporation to compel of the Family Code, while the second is for counterclaim, A asked for moral and Rules of Court? (2%) and quasi judicial agencies. regardless of the result of the latter. 1997 Rules of Civil Procedure) 2. The effect of the non-joinder of a complaint alleged prematurity of the sale has the jurisdiction property. He over also cases incorporated involving specific in his for the allowance of the will, attorneys thereto, the COMELEC approved the Actions; Intervention; Requisites (2000) dismissal of the others. (Sec. 4 of Rule 2) was still pending. (b) No, C cannot file a third-party The difference between the SUGGESTED ANSWER: decidendi of decision. The opinion claimant for allthe or part of a claim asserted BP 129. as amended by RA conciliation No. he is HIV positive, and the prosecution in Metro Manila (Sec. 33 of them to interplead. He alleged therein declaration of nullity of the marriage in Remedial Law vs.Daway, Substantive Law (2006) actual damages as her business depleted (Samson v. G.R. Nos. 160054-55, performance of contractual and statutory necessary party may be stated as for thesuch reason that the mortgage was not complaint his action against Perry for the fees in thethe amount ofto P10,000.00, Voter's Registration and Identification What are requisites forfollows: an (a) The denial of the Motion Dismiss the 7691). complaint against D because the loan of proceedings under the Katarungang offers result in evidence to prove the forms no part of the judgment even if against the cross-claimant. (Sec. 8 Rule 6) that the three corporations claimed title view of filed the byabsence of a basic Distinguish between substantive lawof and July 21, as a result of the withdrawal obligations buyers of subdivision lots The court may order the inclusion an yet due. B timely moved to dismiss the collection of the latter's loan, litigation expenses in the amount of System (VRIS) Project. It P100,000.00 issued invitations intervention by a nonparty in an action (d) An action for interpleader to determine Complaint was not correct. Although the qualifying circumstance under the P100,000 has no connection with the Pambarangay Law and the negotiations combined in one instrument, but may be State with reasons whether it was proper and right of possession over the goods requirement, which is a against marriage license. remedial law. (2%) SUGGESTED ANSWER: cancellation by party her clients of their and condominium units the owner, SUGGESTED ANSWER: omitted necessary jurisdiction over case on the ground that the action should 1947). plus interests and attorney's fees. P5,000.00 and costs were Pedro, Information to pre-qualify for qualified bid for the rape, project. should After the pending in court? (5%) who between the defendants is entitled to assessed value of theif included. parcel of land opponent's claim. C could loaned for an amicable settlement during the prereferred to for the purpose of construing SUGGESTED ANSWER: The motion should be granted. The MTC of for Ricky to join his causes ofhave action in his deposited in his warehouse and that he [ Arts, 9 & 35(3), Family Code]. They are contracts due to the filing of the case. The The requisites for intervention developer, dealer, broker or salesman (Manila ALTERNATIVE ANSWER: his person may be obtained. The failure to Insurance Corp. v. Eddy Ng Kok Wei, G.R. have been brought in the RTC of Laguna. court reject such result on the ground that the next of kin of Martin, filed an the public bidding, Fotokina was declared receive the amount of P190,000.00 falls involved was P19,000.00, within the (1980) and other cases]. money out of other funds in his SUBSTANTIVE LAW is that part of the law trial conference under the Rules of Court the judgment (Contreras v. Felix, G.R. No. Manila has no jurisdiction because the complaint for partition against Perry and was uncertain which of them was entitled different causes of third-party action because the case was dismissed after the trial court Bankers Life 1 Legal interest in matter in a it are: Yes, CJune can file a complaint No. SUGGESTED ANSWER: December 12, Kakilala v. is 139791, the fruit of a poisonous tree? Explain. comply with the order for his inclusion Decide with reason. (3%) opposition to the probate of the will on are the the winning bidder with a 2003; bid of(5%) P6 billion within the jurisdiction of the Metropolitan jurisdiction of the MTC of Manila, L-477, 30, possession. which creates, defines and regulates is in the former, lawyers action for the annulment of the Marvin in the RTC of Pasay City. to that the goods. After due proceedings, evidence required to prove them are not found that EE Industries is not a registered Judicial Autonomy & Impartiality (2003) Faraon, G.R. No. 143233, October 18, 2004; Since the rights of the accused are not controversy; or against D because the loan of 100,000.00 Actions; Counterclaim (2002) without justifiable cause to a waiver of the (Makati Dev Corp. v. Tanjuatco 27 SCRA ground that the total amount included in and was issued a Notice of Award. But Trial Courts in Manila. action filedfrom byMetro A for Specific Performance SUGGESTED ANSWER: rights concerning life, liberty, or property, prohibited appearing for the parties. extrajudicial foreclosure is not of capable of judgment was rendered by the court the same. [Pagsisihan v. Court Appeals, 1, P.D. 1344). corporation and therefore has no legal violated because the compulsory testing is 2 Legal interest in the success of either of Sec. was taken out of the P200,000 received 401) claim against such party. The court may the relief of the petition is to more than COMELEC Chairman Gener Go objected to against B to compel the latter execute a or the powers of agencies or Parties must appear in person only except 95 SCRA 540 pecuniary estimation and is therefore declaring that X Corporation was entitled capacity to sue. However, it set a date for authorized by the the parties; orthe from B and on hence loan seeks proceed with action but the judgment P100,000.00, thefor maximum jurisdictional the award thethe ground that under the Deed Conveyance of said parcel of land instrumentalities the administration of minors or incompetents who may be to theof goods. The became the reception ofdecision evidence on final A's rendered shall be without amount for municipal circuit trialare courts. Appropriations Act, the budget for the was not capable of pecuniary public assisted by their next of kin who not and executory. EE Industries opposed on counterclaim. The court overruled the opposition and COMELEC's modernization is only P1 lawyers . (Formerly Sec. 9, the ground that the counterclaim could no proceeded to hear the case. longer be prosecuted in view of the dismissal of the main

by: sirdondee@gmail.com sirdondee@gmail.com sirdondee@gmail.comPage Page Page 19 18 17 of of66 of 66 defense 66 was allow issued (Sec. a FRESH against C, 9); who and if being of it is 15 denied, B's days sole he within heir, maywhich acquired move to to 1 to in the accordance When Supreme may with Court a party Sec. from 7(b) be the Rule Court declared 39 of 3[b], in RulePERIOD file the the property. notice and Did of if reconsideration appeal the failure in the of RTC, counsel is denied, counted X he to default? (1997 (2%) Appeals, Rules Sandiganbayan of Civil Procedure) and the against RTC reconsider, from inform receipt the the court special of the of B's order civil death action dismissing constitute of certiorari a motion direct for 2 45. the What under executor Ruleis theor effect administrator of an Order or may of file 1 successor The first be filed only on the grounds for a new contempt? grave abuse trial (2%) of discretion or motiontantamount for reconsideration. to lack or Default? (2%) in can interest of the deceased. SUGGESTED ANSWER: [Neypes CA, et. G.R. al. No. vs. 141524, September 14, of lack For or excess or grave of excess of the lower court's jurisdiction. (Sec. 1, 3 failure of tojurisdiction seasonably file his abuse Answer No. It is not direct contempt under Sec. 1 2005] Appeals; Period of Appeal; A Fresh Period Rule (2003) discretion to lack or excess of Rule 65) or despite duetantamount notice, was declared in default in Certiorari; Certiorari (2006) of Rule Mode 71, ofbut it is indirect contempt Defendant X while received an adverse Decision jurisdiction, the second is based the a case instituted against him by B.on The Explain each mode of certiorari: within the purview of Sec 3 for of certiorari Rule 71. (b) he may file a petition of the of RTC in ordinary civil on 02as a errors law ofan the lower court. following day, A's mistress who case is working The lawyer can also be the subject of 1. As a mode of appeal from the II has v. Court Appeals, 247 SCRA if he beenof illegally declared in January 2003. He a Notice of Appeal clerk in the sala offiled the be Judge before whom his (Acenas 2 The first should filed within sixty (60) 773 [1995]; Sec. 1, Rule 19, 1997 Rules of Regional Trial Court or the Court of disciplinary action. (Sec. 16, Rule 3) default, e.g. during the pendency of on 10 January 2003. On the other hand, case is pending, him order of the days from notice of informed the judgment, or Default (2000) Civil Procedure.) Appeals to the Supreme Court. (2.5%) his motion to dismiss or before the plaintiff A sought received theassailed same Decision on 65) declaration of default. On the same day, A SUGGESTED resolution to be (Sec. 4. Rule , ANSWER: Actions; Real Actions & Personal Actions (2006) by the Defendant wasof declared in default (Matute vs. of Appeals, 26 expiration theCourt time to answer. 06 January 2003 and, on 19 January 2003, presented a motion under be oath to set aside the Certiorari while the second should filed within fifteen as a mode of appeal isto governed What do you mean by a) real actions; and RTC (RTC). Plaintiff was allowed present SCRA 768; Acosta-Ofalia vs. filed a Motion for Reconsideration of the order of default on theof ground that his failure (15) days from notice the judgment or final by RuleSundiam, 45 ofsupport the Rules of which b) personal action? 85(2%) SCRA evidence in of 412.) hisCourt complaint. Decision. 13 January X to answer was due appealed to 2003, fraud defendant and he a allows order or On resolution from, or has of the appeal from judgment, final order SUGGESTED ANSWER: Photocopies of official receipts and original filed Motion withdrawing his for notice a. REAL ACTIONS are actions affecting meritorious Thereafter, he of went denialaof the defense. petitioner's motion new trial or of resolution of the Court of Appeals, 2. AFTER JUDGMENT BUT BEFORE ITS FINALITY copies of affidavits were presented , he in appeal in order to file a Motion for New title to or possession of real property or the an abroad. After his return a week with the reconsideration filed in due timelater, after notice of Sandiganbayan, the RTC or other courts may file a motion for new trial on court, identified by plaintiff on the witness Trial which he attached. On 20 January Motors, Inc. accident, v. G. mistake, R. No. interest therein case still undecided, he 45) received the order (Fortune the judgment. (Sec. 2, Rule whenever authorized byCA, law to the grounds of fraud, stand October and marked as exhibits. Said 76431, 16, 1989; Rule 4, Sec. 1). for 2003, the court denied As for declaring in default. The Motion motion to of set 3 The him first cannot generally be availed as Supreme Court by verified petition excusable negligence, or a motion for documents were offered by plaintiff and Reconsideration and Xs Motion to aside default was opposed by B onRules the ground a substitute for a lost appeal under 40, 41, review raising only questions of law reconsideration on the ground of excessive admitted in evidence by the on the b. AllAsother actions are court PERSONAL Withdraw Notice of Appeal. Plaintiff A his 2. a insufficient special civilevidence action from the that it was filed before A received notice of 42, 43 and 45. distinctly set forth. damages, or the basis of which the RTC rendered judgment ACTIONS (Rule 4,Court Sectionor I) which include received the Order denying his Motion for Regional Trial the Court of having been declared in default, citing the rule decision or the final order contrary to SUGGESTED ANSWER: 4 Under the first, the lower court is in favor of plaintiff, pursuant to the those arising from privitybeing of contract. Appeals to the Supreme Court. (2.5%) Reconsideration on 03 February 2003 and 1. that the A party motion may to be set declared aside may in default be made at law (Sec. 2, Rule 37) : and thereafter. If the impleaded as a party respondent (Sec. 5 of Rule relief prayed for. Upon receipt of the SUGGESTED ANSWER: filed his Notice of Appeal on 05 February anytime after notice but before judgment. when he4 fails to answer within the time motion is defendant denied, appeal to available of Rule of 45) (a) (Sec. Is the courts denial of Xs Motion to 65), while under the second, the lower court is Certiorari as a Special Civil Action is Actions; Survives Death of the Defendant (2000) judgment, appeals to the Court 2003. The court denied due courseof to As 3. AFTER FINALITY OF THE JUDGMENT , there are allowed Resolve the therefor, Motion. and (2%) upon motion the under Rules 40 or 41, whichever to Withdraw Notice of Appeal proper? not imp leaded. governed by Rule 65 of the Rules of Court PJ engaged the services of Atty. ST to of Appeals claiming that the judgment is Notice of Appeal on the ground that he three ways to assail the judgment, which Certiorari; Rule 45 vs. Rule 65 (2005) claiming party with notice to the applicable. (b) Is the courts denial of due course to when an him aggrieved party file OP a represent in a civil case filed by not valid because the RTCmay based its SUGGESTED ANSWER: (Sec. 3, Rule 9) period to appeal had already lapsed. 6% are: defending May the aggrieved party, and party proof file of a such petition failure. for As appeal correct? verified petition against a decision, final against himon which was photocopies docketed as valid Civil judgment mere and The claim of defendant is not SUGGESTED ANSWER: certiorari in the Supreme Court under Rule order or resolution of a tribunal, body or Case No. 123. A retainership agreement affidavits of persons not presented in because under the 1997 Rules, reception 2. The effect ofdenial an Order of Procedure, Default to is (a) the 1997 courts Xs Motion 65 No, of the Rules of of Civil board that has acted without or in excess was executed between PJ and Atty. ST court. Is the claim of defendant valid? of evidence is not required. After a that theofcourt proceed to render Withdraw Notice of petition Appeal is not proper, instead filing may a for review on of its jurisdiction or abuse of whereby PJ tograve pay Atty. a Explain. (3%) defendant is promised declared in default, the ST court judgment granting the claimant such relief because the period of appeal of X has not certiorari under Rule 45 thereof for the discretion amounting to lack or excess of retainer sum of P24,000.00 a year and to shall proceed to render judgment granting as his pleading warrant unless the yet expired. From January 2, when X nullification of a may decision of 2003 the Court of jurisdiction, when no appeal or transfer the ownership of is a of land the claimant such there relief asparcel his pleading court in its discretion requires the received a copy of the adverse decision Appeals in the exercise either of its any other plain, speedy and adequate to Atty. ST after presentation of PJs may warrant, unless the court of in the its SUGGESTED claimant to submit evidence (Id.) up to January 13, 2003 when he filed The his original orANSWER: appellate jurisdiction? Explain. 3. As a of review remedy in requires the ordinary course of law. evidence. PJ mode did the not comply with his To NULLIFY A appeal DECISION of the Court of discretion claimant to submit party in default cannot take part in New the withdrawal of and Motion for decisions of the National Labor ALTERNATIVE ANSWER: undertaking. Atty. ST be filed a case against 3[A]) the Appeals aggrieved party should file a evidence, which may delegated to the the trial be days entitled notice of Trial, but only shall ten (10) had to elapsed and 1 Is the death of PJ a valid ground to Relations Commission and The claim of defendant is valid, because PJ which was docketed as Civil Case No. PETITION FOR REVIEW ON CERTIORARI in SUGGESTED ANSWER: clerk of court. (Sec. 3, Rule 9) subsequent proceedings. (Sec. he had fifteen (15) days to do so. Constitutional Commissions. (2.5%) dismiss the money claim of Atty. ST in the court received evidence which it can 3. Assuming that the motion to 456. During the of Civil Case No. Certiorari as a trial mode of review of 456, the (b) No, the courts denial ofRule due 45 course to the Supreme Court under of set the Civil Case No. 456? Explain. (2%) order in its own discretion, in which case aside with thea petition other PJ died. of the NLRC is elevated to the decision As appeal is instead not correct because the Rules of complies Court of filing 2 Will your answer be the same with the evidence of the plaintiff pass the requirements of the rule, it should be Court of Appeals under Rule must 65, as held in appeal was taken time. January for certiorari underon Rule 65 From except under respect to the real property being claimed basic requirements of admissibility. granted. Although such a motion may be the case of St. Martin's Funeral Home v. 6, 2003 when A received a copy A of long the very exceptional circumstances. Default (2001) by Atty. ST in Civil Case No. 456? Explain made after notice but before judgment NLRC, G.R. No. 130866, September 16, decision up to January 19, 2003Court, when too he line of decisions of the Supreme SUGGESTED ANSWER: Mario was declared in default but before (2%) (Sec. ofto Rule 9) , with more reason may 1998 . Certiorari as Sec. a mode of review from 1 No.was Under 20, Rule 3,to 1997 filed 3[B] a Motion for Reconsideration, only numerous mention, holds that certiorari judgment rendered, he decided file it be filed after discovery even before the Commission on Audit (COA) and Rules of Civil Procedure, when the action is twelve (12) days elapsed. is not a substitute for a had lost appeal. It a motion to set aside the order of default. receipt of the order of default. COMELEC is elevated to the Supreme for recovery of money arising from Consequently, he had three (3) days from should be noted, however, when the Court a) What should Mario state in his motion Default; Remedies; Party Declared in Default (1998) Court within 30 days from of the contract, express or implied, and the receipt on imposes February 3, death 2003 of the Order of Appeals the penalty, to order justify the setting aside ofnotice the order of in What are the available remedies oforaa judgment, decision or final order or defendant dies before entry of final denying his Motion for Reconsideration lesser penalty for offenses committed on default? (3%) b) In what form should such party declared In default: ALTERNATIVE ANSWER: resolution sought to be reviewed, as judgment in the court in which the action within which to appeal. He filed is notice such occasion, appeal by petition for 1 Before the rendition of judgment; [1%] motion be? (2%) Since As Motion for Reconsideration was provided for the of Rule 64death, of the is pending SUGGESTED ANSWER: at under the time such it of appeal on February 5, 2003, or only two review or January ordinary appeal. In and cases 2 After judgment but before its finality; filed on 19, 2003 it when was 1997 Rules of Civil Procedure. In the case a) In order to justify the setting aside of shall not be dismissed but shall instead be (2) days later. the Court of Appeals imposes reclusion and [2%1 denied on January 20, 2003, it was clearly of the Civil ServiceMario Commission (CSC), the order of continue default, in allowed to until should entry state of final perpetua, life imprisonment or a lesser SUGGESTED ANSWER: 3 After finality of judgment? [2%] not set Death Contempt; for of hearing a Party; Effect with (1998) at least three Certiorari; Rule 45 vs. Rule 65 (1998) review of its judgments is through his motion that his failure to answer was The available remedies of a party judgment. A favorable judgment obtained penalty, appeal is by notice ofrecovery appeal was filed A filed a complaint for the of days notice. Therefore, motion Differentiate certiorari as an5 of original petitions for review under Sec. Rule due to plaintiff fraud, accident, mistake or declared in default are as follows: by the shall be enforced in the with the Court of Appeals. pro forma and ownership of did land not against interrupt B the who period was action from certiorari as a mode of appeal. 43 of the 1997 Rules of Civil Procedure. excusable negligence and that he has a 1. BEFORE THE RENDITION OF JUDGMENT manner especially provided in the Rules SUGGESTED ANSWER: represented by her counsel X. In the of appeal which expired on January 21, |3%] meritorious defense. [Sec. 3(b) of Rule 9,]. (a) he may file a motion under oath to for prosecuting claims against the estate Certiorari as an original action and 2003 orof course fifteen the trial, (15) B days died. after However, notice of X b) The motion should be under oath. set aside the order of appeal default periods on the of a deceased person. NOTE: To standardize the certiorari as a mode of appeal may be failed to notify court of B's death. The the decision on the January 6, 2003. (Id.) grounds of fraud, accident, mistake or 2 Yes, my answer is the same. An 1. The first is a special civil action provided in the Rules and to afford distinguished as follows: court proceeded to hear the case and Default; Order of Default; Effects (1999) excusable negligence to and that he has action to recover real property in any under Rule 65 of the Rules of Court, while litigants fair opportunity appeal their rendered judgment against B. After the a meritorious event survives the death of the defendant. the second is an appeal cases, the Court deems it practical to Judgment became final, a writ of (Sec. 1, Rule 87, Rules of Court). However, execution a favorable judgment may be enforced
Remedial Law Bar Examination Q & A (1997-2006)

Remedial Law Bar Examination Q & A (1997-2006)

(See Talsan Enterprises, Inc. v. Baliwag Transit, effects of a denial of demurrer to evidence in a G.R. No. 126258, July 8, Inc., civil case with those of a denial of demurrer to 1999) evidence in a criminal case. 4%

c. Certiorari under Rule 65.

by: sirdondee@gmail.com Page 20 of 66 Demurrer to Evidence; Civil Case vs. Criminal Case (2003) Compare the

Default; Remedies; Substantial Compliance (2000)

rule. Although the motion is unverified, the answer attached to the motion is verified. The answer contains what the motion to lift the order of default and the affidavit of merit should contain, which are the reasons of movants failure to answer as well as his defenses. (Sec. [b] of Rule 9, 1997 Rules of of Procedure; Cf. 3 Citibank, N.A. v. Court
Civil Appeals, 304 SCRA 679, [1999]; Consul v. Consul, 17 SCRA 667, 671 [1966]; Tolentino v. Carlos, 66 Phil, 1450, 143-144 [1938], Nasser v. Court of Appeals, 191 SCRA 783 Demurrer to Evidence (2001) [1992]).

For failure of K.J. to file an answer within the reglementary period, the Court, upon motion of LM, declared KJ in default. In due time, KJ filed an unverified motion to lift the order of default without an affidavit of merit attached to it. KJ however attached to the motion his answer under oath, stating in said answer his reasons for his failure to file an answer on time, as well as his defenses. Will the motion to lift SUGGESTED ANSWER: the prosper? Explain. (3%) Yes,order there of is default substantial compliance with the

SUGGESTED ANSWER:

Carlos filed a complaint against Pedro in the RTC of Ozamis City for the recovery of the ownership of a car. Pedro filed his answer within the reglementary period. After the pre-trial and actual trial, and after Carlos has completed the presentation of his evidence, Pedro moved for the dismissal of the complaint on the ground that under the facts proven and the law applicable to the case, Carlos is not entitled to the ownership of the car. The RTC granted the motion for dismissal. Carlos appealed the order of dismissal and the appellate court reversed the order of the trial court. Thereafter, Pedro filed a motion with the RTC asking the latter to allow himANSWER: to present his evidence. Carlos SUGGESTED objected to the presentation evidence No. Pedros motion should be of denied. He by Pedro. Should the RTC grant Pedros can no longer present evidence. The Rules motion that to present his evidence? Why? provide if the motion for dismissal is (5%) granted by the trial court but on appeal the order of dismissal is reversed, he shall be deemed to have waived the right to ALTERNATIVE ANSWER: present evidence. (Sec. 1 of Rule 33, Rules of No, because when the appellate court Civil Procedure) reversed the order of the trial court it should have rendered judgment in favor of Carlos. (Quebral v. Court of Appeals, 252 SCRA
353, 1996)

In a civil case, the defendant has the right to file a demurrer to evidence without leave of court. If his demurrer is denied, he has the right to present evidence. If his demurrer is granted and on appeal by the plaintiff, the appellate court reverses the order and renders judgment for the plaintiff, the defendant loses his right to In a criminal case, the accused has to present evidence. (Rule 33). obtain leave of court to file a demurrer to evidence. If he obtains leave of court and his demurrer to evidence is denied, he has the right to present evidence in his defense. If his demurrer to evidence is granted, he is acquitted and the If the accused does not obtain leave of prosecution cannot appeal. court and his demurrer to evidence is denied, he waives his right to present evidence and the case is decided on the basis of the evidence for the prosecution. Thea) court a may also dismiss the action on petition for relief under Rule the 38ground of insufficiency of the on the grounds of fraud, accident, evidence on its own initiative after giving mistake or excusable negligence; theb)prosecution the opportunity be annulment of judgment under to Rule heard. of Rule 119) 47 (Sec. for 23 extrinsic fraud or lack of Discovery; Modes of Discovery jurisdiction; or c) (2000) certiorari if the Describe at least five (5) modes of or briefly by the judicial record. (Balangcad judgment to void on its face discovery the Rules of Court. (5%) vs. under Justices of the Court of Appeals, Five modes of discovery under the Rules 206 8CRA 171). Default; Remedies; of Court are: Party Declared in Default (2006) Jojie filed with the Regional Trial Court of 1 DEPOSITION . By leave of court after Laguna a complaint for damages against jurisdiction has been obtained over any Joe. During or the pretrial, Jojie (sic) and defendant over property which is her the (sic) counsel to or appear despite subject of thefailed action, without such notice after to both them. has Upon oral motion leave an of answer been served, of Jojie, Joe wasof declared as in default and the testimony any person, whether a Jojie was to present her evidence party or allowed not, may be taken, at the ex parte.of Thereafter, court rendered instance any party, the by deposition upon its Decision in favor of Jojie. Joe hired Jose oral examination or written SUGGESTED ANSWER: as counsel. What are the remedies interrogatories. (Sec. 1, Rule 23, 1997 Rules of Thehis remedies available to a party against Civil Procedure.) available to him? Explain. (5%) whom a default decision is rendered are 2 INTERROGATORIES TO PARTIES Under 1. BEFORE the judgment in .default as follows: the same conditions specified in section 1 becomes final and executory: of Rule 23, any party shall file and serve 1 Motion for Reconsideration upon any adverse party written under Rule 37; interrogatories regarding material and 2 Motion for New Trial under relevant facts to be answered by the party Rule 37; and served. (Sec. 1, Rule 25,Rule 1997 Rules of Civil 2. 3AFTER the judgment in default Appeal under 41. Procedure.) becomes final and executory: 3 1 ADMISSION BYfor ADVERSE . At any Petition ReliefPARTY under Rule (b) The Essential Requisites of Res time after issues have been joined, a Judicata party 38; are: may serve upon other party 2 file and Annulment of any Judgment undera Version 1997-2006 Updated by Dondee 1 the judgment or order rendered written request for the admission by the Rule 47; and must final; latter of be the genuineness of any material 2 relevant the document court rendering the same and or of the truth of must have jurisdiction of the subject any material and relevant matter of fact. matter and of the parties; 3 it must be a judgment or order on the merits; and
(Sec. 1, Rule 26, 1997 Rules of Civil Procedure.)
SUGGESTED ANSWER: G.R. No. 83888. February 12, 1992,

Remedial Law Bar Examination Q & A (1997-2006)

4. PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS. Upon motion of any party showing good cause therefore, a court may order any party to produce and permit the inspection and copying or photographing of any designated documents, etc. or order any party to permit entry upon designated land or property for inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation 27, 1997 27 Rules of Civil thereon. (Sec. Rule 1, Rule
Procedure.)

Discovery; Modes; Subpoena Duces Tecum (1997)

In an admiralty case filed by A against Y Shipping Lines (whose principal offices are in Manila) in the RTC, Davao City, the court issued a subpoena duces tecum directing Y, the president of the shipping company, to appear and testify at the trial (a) what with validhim ground candocuments. Y refuse to andOn to bring several comply with the subpoena duces tecum? (b) How can A take the testimony of Y and present the documents as exhibits other than through the subpoena from the RTC?
SUGGESTED ANSWER:

(a) Y can refuse to comply with the subpoena duces tecum on the ground that he resides more than 50 (now 100) kilometers from the place where he is to testify, (Sec. 9 of former Rule 23; Sec. 10 of (b) Rule A can new 21).take the testimony of Y and present the documents as exhibits by taking his deposition through oral examination or written interrogatories. (Rule 24; new Rule 23) He may also file a motion for the production or inspection of documents. (Rule 27).

by: sirdondee@gmail.com sirdondee@gmail.com sirdondee@gmail.com Page Page Page 21 25 22 of 24 23 66 of of of 66 66 66Yes. which Judgment; The is SUGGESTED Interlocutory tantamount did Order; not toANSWER: removal have Partial jurisdiction Summary without Judgments cause, over (2004) the contrary case After A. After foreign 4. judgments. alleged the there judgment in the must A complaint be had local between become judgment must the final, always may two a MeTC be SUGGESTED ANSWER: 1 of Rule 34.) defendant to the fundamental the has total served guarantee amount and filed of onhis the non-removal answer demand to be (Sec. writ cases proved. enforced of When execution identity by motion was of issued parties, within by identity the five court. years of because 1 the claim is not purely personal (1) Yes, because upon motion of any party ANOTHER ANSWER: A QUESTION OF LAW is when the doubt or plaintiffs except exclusive for complaint of cause. interest, for Considering damages damages of that before whatever Pedro the andthe As subject by writ action matter, was within returned and the identity unsatisfied, next five of causes years. the not thereby extinguished, thetoparty showing good cause, the court in which c. No.is The court shall order the prosecutor difference arises as to what the law on a Cardona, 70 281 proper continued attorney's RTC, to plaintiff occupy fees,served the litigation disputed andexpenses, filed position a is motion and plaintiff (Rule of39) action. That filed (San isanot Diego motion thePhil, v. case for with an respect order should be substituted by his heirs or kind, his the investigate whether or not a collusion action is pending may order any party certain set of facts, while a QUESTION OF [1940]) (with was exercise supporting his P1M. functions Its affidavits) jurisdictional therein, for amount a the summary proper at this to requiring foreign the judgments defendant which to appear cannot before be costs, executor or administrator. (Sec. Rule 3) between the parties exists, and if16, there is no to produce and permitor the inspection of Evidence; Admissibility; Photocopies (2000) ALTERNATIVE ANSWER: FACT is when the doubt difference arises judgment remedy time should is in not quo his exceed favor warranto, upon P400.000.00 all not of mandamus. his (Sec. claims. of enforced it and to by be mere examined motion. regarding his 2 If the action is for recovery of money designated documents. (Rule 27). 33 collusion, to intervene for the State in order The Article 1144 of the Civil Code requires that If the photocopies of official receipts and SUGGESTED ANSWER: R.A. No. 7691). as 129, to the truth or falsehood of alleged Appeals, 259 SCRA 99 (1996)] {Garces B.P. Big. v. Court as amended of by Defendant served and filed his opposition (with property and income. How should the arising from contract, express or (though implied, and SCRA to see to it that theaevidence submitted is ALTERNATIVE ANSWER: defendant has the right Bottling to inspect an action judgment photocopies of affidavits were attached to supporting [19670]). facts. 289, (Ramos v. Pepsi-Cola Co.,and 19 affidavits) to correct the motion. After due court resolveupon the motion? (2%) the defendant dies before entry of final not fabricated. (Sec. 3[E], Rule 9) Evidence Yes, court's the is inthe its ruling. Jurisdiction; Habeas Corpus; Custody Minors (2005) in verify the court original of the promissory note without distinction) must ofby be brought The order to forward case to the position paper submitted plaintiff hearing, the Annulment court issued an order must have to be presented in the accordance judgment in the court in which the action Mandamus lies when the respondent Judgment; of Judgment; Grounds (1998) While Marietta was in the her place of work in The defendant is not required to deny so that he intelligently prepare his within 10 years from time right of was (2) the RTC is could not proper. It should merely an action for unlawful detainer filed with (1) stating that the court has found no with the requirements set husband down by the not under pending at the time such death, it shall Republic vs. Court ofof Appeals and Molina unlawfully excludes another from the3 use What are the grounds for the annulment Makati City, her estranged Carlo oath the genuineness and due answer. action accrues. There seems no cogent dismiss the complaint. Under Sec. of Municipal Trial Court on which basis the genuine issue as to any material fact and Supreme Court in (268 SCRA 198.) be dismissed but shall instead be allowed to and enjoyment of a right or office to which of a judgment of the RTC (RTC)? [2%] barged into her house in Paranaque City, execution of promissory note, reason to exclude foreign judgments from Rule 16, the court may dismiss the action court rendered judgment in favor of thus concluded that plaintiff is entitled to SUGGESTED ANSWER: continue untilof entry of judgment. A because SUGGESTED ANSWER: such other is entitled. (Sec. 2, 65). In abducted their six-year old final son, Percival, of the non-compliance by the the operation this rule, subject to the or claim, deny the motion or Rule order the plaintiff? Explain. (2%) judgment in his favor as a matter of law Judgment; Judgment on the Pleadings (2005) The grounds for order annulment of unlawfully judgment The claim of defendant is valid, because favorable judgment obtained by the plaintiff this case, Pablo has not and brought the child to his hometown in plaintiff with the for production and requirements of Rule 39, Sec. 48 the amendment of the the amount pleadingof but not to except as to damages In a complaint for recovery ofof real the RTC ANSWER: are Extrinsic Fraud and Lack of although summary procedure requires ALTERNATIVE shall in the manner provided excluded Fabian from the Office of Baguio City. Despite Marietta's pleas,in the of inspection of the original thereof. (Rule 8, Rulesbe ofenforced Court which establishes certain forward the case to another court. recoverable, and (2) accordingly ordering property, the plaintiff averred, among (2) The defendant may file a motion to Jurisdiction. (Sec, 2, Rule 47, 1997 Rules of merely the submission of position papers, rules for prosecuting claims against the estate Parties; Death of a Party; Effect (1998) sec. 8). Election Registrar. The remedy of Fabian Carlo refused to return their child. requisites the foreign that plaintiff shall have judgment others, that for he is proving the(Sec. owner of the said 66) Civil Procedure.) dismiss the complaint because ofin the the evidence submitted with the position of aRule deceased person. 20, A filed complaint for the recovery of 3) through is to filea an action ofdefendant quo warranto his Marietta, counsel, filed a petition judgment. Pursuant to these provisions, summarily against for such Judgment; Enforcement; 5-year period (1997) property by virtue of a deed of sale refusal of the plaintiff to obey the order of paper must be admissible in evidence. ownership of land against B who was name against Pablo for usurping the for habeas corpus against Carlo in the an action by for the enforcement of the amount as may found due plaintiff for Judgment; Soundness; Attachment (2002) A, a resident of be Dagupan City, secured a executed the defendant favor. (Sec. of ofthe Revised Rule in on his Summary the court for the production Parties; 9 Death a Party; Effect (1999) represented by her counsel X. trial In and the office. (Sec. to 5, Rule Court of Appeals in Manila to compel him foreign judgment may be brought at any damages, be ascertained by on The plaintiff obtained a writ of preliminary favorable judgment in an ejectment case Copy of the deed of sale was appended to Procedure). Photocopies of official receipts inspection of the promissory note. [Rule 29 Judgment; Execution pending Appeal (2002) When A (buyer) failed to paythe thecourt remaining course of the trial, B died. However, X to produce their son, before and time within 10 years from the time the October 7,a 2004, 8:30 in from the Dismissal; Motion to Dismiss; Res Judicata (2000) attachment upon aat bond of o'clock P1 million. The against X, resident of Quezon City, the complaint as Annex "A" thereof. In hisit Sec. 3(c)]. and affidavits are not admissible without The trial court rendered judgment balance of the contract price after failed to notify the court of B's death. The for her to regain custody. She alleged in right of action accrues. morning. May defendant properly take an AB, writ as was mother levied and in on her the capacity defendants as legal Forum Shopping; Definition (2006) the MTCof Manila. The judgment, entered unverified answer, the defendant denied proof In his ofcomment, loss of the Carlo originals. alleged (Sec. that 3 of Rule the ordering the defendant to pay the plaintiff SUGGESTED ANSWER: became due and demandable, B (seller) court proceeded to hear the Or, case may and the petition that despite her efforts, she appeal from said order? guardian of her minor son,been CD, What is forum shopping? (2.5%) property, but it legitimate was discharged upon the on 15 June 1991, had not as yet the allegation concerning the in sale of the 130) No, plaintiff may not properly take an petition was erroneously filed the Court moral and exemplary damages. The sued him for collection before the RTC. rendered judgment against B. said After the could no longer locate her son. defendant properly challenge order SUGGESTED ANSWER: brought posting by action the defendant for support of against a counterbond EF, as executed. a) In July 1996, A decided to property in question, as well as the appeal from said order because it is an of Appeals as the same should have been judgment was served onsubmitted the plaintifftheir on After both parties Judgment became final, a certiorari? writ of Forum shopping is the act for of a party of the MTCof Manila. What is the procedure thru a special civil action for father of CD and ABs lawfully wedded in the same amount of P1 million. After enforce the judgment appended deed of sale, lack of interlocutory order, not a final and filed in the Family indefendant Baguio City October 1, evidence, 2001 andCourt on the on respective A perished in asuits, plane execution was issued against C, who being which consists of filing multiple to be followed by in enforcing the Reason. (5%) husband. trial, the court EF filed rendered his A answer judgment denying his knowledge orRepublic information sufficient to appealable order (Sec. 4 of Rule 35). Itfinding does which, under Act No. has October 5, 2001. On October 8, 8369, 2001, the accident. Consequently, his heirs brought B's sole heir, acquired the property. If you SUGGESTED ANSWER: simultaneously or successively, for the judgment? b) With what court should A SUGGESTED ANSWER: paternity with counterclaim for damages. that the plaintiff had no cause of action form a belief as to the truth thereof. Is it not dispose of the action or proceeding exclusive jurisdiction, over the petition. defendant filed a notice ofthe appeal from the Defendant cannot deny sale of an action the settlement of his estate were counsel of C, what course of action (Leyson v. for Office of the Ombudsman, G.R. purpose of obtaining a favorable institute the proceedings? counsel of C, would move to set aside PARTIAL SUMMARY JUDGMENTS are Subsequently, against the defendant AB filed a and manifestation that he had in proper for thefor court to render judgment 1 Will you grant the motion? Explain. (2%) As ( Sec. 1 of Rule 39 ). I Marietta replied that under Rule 102 of CA, the judgment, but the following day, October property for lack of dismissal knowledge or and moved the of the would you take? [3%]and the judgment for No. 134990, April 27, 2000; Yulienco v. SUGGESTED ANSWER: judgment the writ of execution interlocutory. There is still something to be court that in view of the denial made by sued out the writ of attachment without trial? Explain. (4%) 2 Will your answer be the same if A died Rules of Court, as amended, petition information sufficient to 10,1999; form a the belief as to 9, 2001, the plaintiff moved for the G.R. No. 131692, June Chemphil collection suit. (a) A jurisdiction can enforce the of judgment by lack of and lack due process done, which is the trial for the adjudication EF, maliciously. it would be Accordingly, futile to pursue the the court case while the case is already on appeal to the the truth thereof. The answer amounts to an Export Import Corp. v. G.R. Nos. may be & filed in the Court of CA, Appeals and if execution of the judgment pending another action reviving the judgment Judgment in the same court because the is (Province of Pangasinan v. ordered Court of of damages against EF. AB agreed to move for the dismissed the complaint and the 112438-39, December 12, 1995). Court of The Appeals? Explain. (2%) admission. The defendant must aver or state granted, the writ of habeas corpus be appeal. trial court granted theshall motion because it can no longer be enforced by void. If X had notified the court of B's death, SUGGESTED ANSWER: Appeals, 220 SCRA 726 [1993J; Guevarra v. Forum Effects; Lack of Certification (2006) dismissal plaintiff and of the its thesurety complaint, to pay subject jointlywithin to to the the 3 In the same case, what is the effect positively how it isby that he is ignorant the if B motion enforceable anywhere in the Philippines. upon Shopping; the posting the plaintiff of a of bond as five-year period the court would have ordered the Marietta's contention is correct. The Court Court of Appeals, 209 Phil. 241 [1983]) , but Honey filed with the Regional Trial condition that EF will withdraw his counter defendant P1.5 million as be actual damages, facts alleged. (Phil, Counselors, died before the RTC has judgment? G.R. No. L-31869, August 8, rendered 1973; Sec.Court, 10, Rule 8) substitution Whose contention is Advertising correct? Explain. (5%) to indemnify the defendant for damages it which a judgment may enforced by order thru a the special civil action for of deceased by C, the sole of Appeals has concurrent jurisdiction with the defendant may properly challenge SUGGESTED ANSWER: Taal, Batangas a complaint for specific Inc. v. Revilla, Moreover, the genuineness and due claim P0.5 million for damages. as moral AB damages and EF filed and a6 joint P0.5 (2%) mayfamily suffer as a result ofaction the execution. SUGGESTED ANSWER: motion has already expired. (Sec. of heir of B. (Sec. 16 of Rule 3) The court certiorari. (Sec. 1 [c] and last par. of Rule 41) the 1 No, courts because and the the Supreme will Court not be said performance against Bernie. For only lack of execution of the deed of sale can be motion to dismiss. The court dismissed the million as exemplary damages. Evaluate (b) Ajudgment may institute the proceedings in 104 the The against the surety is not The court ANSWER: gave as a special reason for the its former and new Rule 39). acquired no jurisdiction over C upon whom ALTERNATIVE ANSWER: SUGGESTED (Ferreira us. Ibarra Vda. de Gonzales, in petitions for habeas corpus where dismissed but shall instead be allowed to certification against forum shopping, the denied by the defendant under oath and case the soundness with prejudice. of the Later judgment on, minor from son the Judgment; Judgment on the Pleadings (1999) RTC in accordance with the of venue sound if due notice was not given to him order the imminent insolvency of the the trial and the judgment arerules not (a) The witness can also refuse to Honey's comply No, because awards for moral and Phil. 143; Vda. de la Cruz vs. binding. Court of custody continue until of entry minors of final is judgment. at issue, (Id.) judge dismissed the complaint. failure to do so is also an admission of the CD, represented by AB, filed another point of view of procedure. (5%) a) What are the grounds for judgment because the enforcement of the Judgment of the applicant for damages. (Rule 57, sec. defendant. Is the order of execution Appeals, 88 SCRA 695; Lawas us. Court of exemplary damages cannot be the subject of with the subpoena duces tecum on the second complaint? Explain your answer notwithstanding the provision in the 2 No. If died while the case was already lawyer filed a motion for reconsideration, deed. (Sec. 8, A Rule 8) Hence, a judgment on complaint forSCRA support against EF. EF file filed a on the pleadings? (2%) is a personal action incapable of pecuniary 20) Moreover, the judgment against the pending appeal correct? Why? (5%) Appeals, 146 173.) I could also an execution pending appeal. The execution of ground that the documents are not (3%) b) What are the essential requisite of Family on appeal Courts in the AH. Court (R.A. of No. Appeals, 8369) that the family case will ALTERNATIVE attaching thereto an amended complaint ANSWER: the pleadings can be rendered by the motion to dismiss on the ground of res b) A's Answer admits the material estimation. surety cannot exceed the amount of its to annul the judgment for lack of any award for moral and exemplary No. 154598, August, 2004) relevant and there was is no tender of fees res judicata? (2%) courts have exclusive in such continue because no entry yet of final action (b) A may institute the proceeding in a with the certification against forum court without needthere of a jurisdiction trial. judicata. a) Is res judicata a successor valid ground allegations of B'smillion. Complaint. May the SUGGESTED ANSWER: counterbond of P1 damages is dependent on the outcome of jurisdiction because C, as the of for SUGGESTED one ANSWER: day's attendance and the cases. judgment. (Thornton (Id.) v. Thornton, G.R. Judgment; Mandamus vs. Quo Warranto (2001) MTCwhich has jurisdiction over the area shopping. If you were the judge, how will Judgments; Enforcement; Examination of Defendant (Rule 47) forwas dismissal of the (a) No, res judicata is not a defense in on an Jurisdiction; of Jurisdiction; Proper of and the court motu proprio render judgment the main Lack case. Liabilities for Action moral If I were judge, the motion should be deprived of due process and should kilometrage allowed by the rules. 3 Thethe effect is the same. The action will B, Petitioner Fabian was appointed Election ALTERNATIVE ANSWER: where the real property involved is you resolve the motion? (5%) (2002) c) A brought an action against her Court (2004) action for support even if the first case the pleadings? Explain. (2%) denied after hearing as expressly Discovery; Production and because, Inspection of the Documents exemplary damages, as well as exact have been heard before judgment. not be dismissed but will be allowed to While there are decisions of the Supreme Registrar of the Municipality of Sevilla situated. (Sec. 1 of Rule 4). The Manila resident, sued the husband B fora annulment of their marriage Plaintiff filed complaint a indefinite sum of provided in the a Rules, failure for to comply with (2002) was plaintiff, dismissed with prejudice on a joint amounts remain uncertain and Judgment; Enforcement; Foreign (2005) continue untilto entry of final judgment. (Id.) Court which hold that if Judgment the lawyer failed supposedly replace the respondent defendant, a resident of Malolos Bulacan, the requirement of forum shopping is not on the ground of psychological incapacity, money against defendant with the MeTCpending resolution by the Court of Appeals The plaintiff sued the defendant in the RTC motion to dismiss. The plaintiffs mother 134 SCRA 395 (1985); International School, Under Article 1144 of the New of Civil Code, to notify the court of his client's the Election Registrar Pablo who was curable mere amendment of the the complaint in the for a sum money. or Court. [RCPI v. Lantin, B filedRTC-Manila his Answer to the Complaint Makati, the total amount of demand, Inc. v. by Court Appeals, 309 SCRA 474 to Supreme collect on aof promissory note, the terms agreed to the dismissal of the death, complaint an action upon a judgment must be court may proceed even without transferred to another municipality without ALTERNATIVE ANSWER: or other initiatory pleading, but shall be cause When the all sheriff to defendants serve the (1999)]. admitting the tried allegations therein exclusive of interest, of whatever of which were stated damages in the complaint and for support in view of the brought within 10 years from the time the Yes, because only moral andto exemplary for the dismissal of the case, without prejudice, substitution of heirs and the judgment is his consent and who refused accept his summons with a copy of the contained. May A his move for complaint judgment on kind, attorney's fees, to litigation expenses, a photocopy attached the complaint as answer denying paternity with on a unless otherwise provided (Sec. 5, Rule 7, 1997 right of action accrues. Is this provision damages are awarded in the judgment SUGGESTED ANSWER: valid and binding on the heirs of the aforesaid transfer, much less to vacate his the defendant at his Bulacan residence, pleadings? Explain. (2%) and costs, being P1,000,000. In due time, an of annex. Before answering, the counterclaim for damages. This was in the Rules Civil However, theon trial court a) grounds for judgment on the applicable toof an action filed in176 the and they are not dependent other deceased vs. Coloma, 129 SCRA position in Procedure). Bogo town as election registrar, Asis v. The Court Appeals, 303 SCRA the sheriff told that the defendant defendant filed a motion to dismiss the filed a motion for an order nature of (Florendo awas compromise of the right of in the exercise of its sound discretion, may pleadings are where an answer fails to Philippines to enforce a foreign judgment? types of damages. [1999]). 30.), as counsel of C, I will assail the as in fact he continued to occupy his had gone to Manila for business and would complaint on the ground of the MeTC's directing the plaintiff to produce the support which is prohibited by law. (Art, ALTERNATIVE ANSWER: choose to be liberal and consider the Moreover, the motion and for execution was tender an issue, or otherwise admits the Explain. (10%) judgment and execution for lack of day. due aforesaid position exercise his not be back until the of that (Great Southern Maritime Services Corp. v. 2035, Civil Code; lack of jurisdiction over the subject matter. original of the note so that the defendant Article 1144 ofDe theevening Civil Code which amendment as substantial compliance Parties; Death of a Party; Effect (1999) filed while the court had jurisdiction over material allegations of the adverse party's process. functions thereto. Petitioner Fabian then 1 Should the judge grant the defendants Acuna, G.R. No. 140189, February 28,2005; So, the sheriff served the a of summons, After due hearing, the MeTC (1) ruled that could inspect it and his signature requires that an action judgment What is the of 34). theupon death a party b) No, a effect motion must be filed by the the case and was in verify possession of the pleading. (Sec. 1, copy Rule Chan v. RTC of Zamboanga del Norte, G.R. filed a petition for mandamus against motion for production and inspection of the together with a of the complaint, on the court indeed lacked jurisdiction over and the handwritten entries of the dates (though without distinction) must be upon a pending action? (2%) adverse party. (Sec. 1, Rule 34) The court original record. No. 149253, April 15, 2004; Uy v. Land Bank, Pablo but the trial court dismissed Fabians original of the promissory note? Why? (2%) the defendants 18year-old daughter, who the subject matter of the complaint; and and amounts. SUGGESTED ANSWER: SUGGESTED ANSWER: brought within 10 years from the time the It is 136100, based on good reason which is the G.R. July 24, 2000). cannot motu proprio render judgment on petition contending that quo is 2 Assuming that an vs. order for ruling. production was aof college student. For the defendants Yes, the court is correct in warranto its 1. When the claim in a pending action (2) ordered that the case therefore should right action accrues, does not apply to Gen. Principles; Questions of Law Questions of Fact c) No, because even if B's answer to imminent insolvency of the defendant. the pleadings. the proper remedy. Is the court correct in and inspection was issued but the plaintiff failure to answer the complaint within the Mandamus will not lie. This remedy is purely personal, the death of either of be forwarded to the proper RTC (2004) an action filed in the Philippines to enforce A's complaint for annulment of their (Rule 39, sec. 2) (5%) SUGGESTED ANSWER: its ruling? Why? failed to comply it,court's how should reglementary period, the trial court, on applies only where petitioners is the the parties extinguishes the claim and the immediately. Was with the ruling Distinguish Questions of law from right Questions of a foreign judgment. While we can say that marriage admits all the allegations defendant plead to law, thecorrect? alleged execution motion of law the does plaintiff, declared the founded clearly in not when it the is of action dismissed. concerning jurisdiction Was fact. where the distinguish, we thereinis contained, the not material facts the note? (3%) defendant Version in default. 1997-2006 Updated A still month by Dondee the doubtful. Pablo was transferred court's order to forward the case without proper? should not distinguish, the later, law does trial court rendered judgment holding the his consent Explain briefly. (5%) not evidently contemplate the inclusion of defendant liable for the entire amount prayed for in the complaint.
Remedial Law Bar Examination Q & A (1997-2006)

SUGGESTED ANSWER: SUGGESTED ANSWER: (1981)]. Joaquin a(2) complaint against Jose for pendente (2%) under guardianship was innot custodia legis. latter complaint. to dismiss has lite possession Amendments the to the counterclaim child of the born are attached to be the granted proper offended property, and or that legitimate thereof; executed. not motion acquire the filed Order and for The children approval jurisdiction had contract that already of of to the over of Y prosecute become Compromise lease his who person final was are his A temporary restraining order is a an order the last day of (Sec. filing a Pleadings; Amendment of Complaint; By Leave of Court ANOTHER ALTERNATIVE ANSWER: Provisional Remedies; Injunction (2003) the foreclosure of a be mortgage of a party Can itbecause be attached? Explain. (2%) and Yes, should not? a Reason. allegedly copy be denied thereof (5%) because where upon of the the the attaching crime. court has party. 6 no of and indispensable complaint, attached because Agreement. can the tono plaintiff the writ parties. XXX longer answer. was changed contracted served X does amended his ahead mind not lawyer, of file and the to a (2003) Under Article 175 of the Family Code, the issued to restrain the opposite party and motion for reconsideration was March 15 if SUGGESTED ANSWER: a suit for injunction be aptly filed with 61.) furniture with a large number of Rule (Sec.Can jurisdiction 14, Rule over 57) the The original third-party complaint claimant and may the conform CC, reply. summons; opposed for What a factory fee with the (ii) is of the motion the Section P50.000. effect writ on of the was 2, In the ground his Rule improperly non-filing answer, that 68. Although the property of an incompetent Yes. The counterclaim of DY is compulsory After an answer has been filed, can the action must be brought within the lifetime to maintain the status quo until a hearing February had 28 days or March 16 if SUGGESTED ANSWER: Support Pendente (2001) the Supreme Court to the President of machinery and During the purpose also Provisional intervene of Remedies; the or amendment file a stop separate is Lite to action confer to Aggrieved, defendant of implemented; the a reply? RTC Explain. alleged, AB has files and noequipment. more (3%) a inter petition (iii) alia, jurisdiction. said for that certiorari writ he Rule had was A reply is generally optional. If suit, it isgranting not filed, under guardianship is in custodia legis, it because it is one arises out of or is 28, plaintiff amend his complaint, with leave of X if the the action is based on adeed, record of jurisdiction for determining propriety of February had 29 days. Although the Modesto was accused of seduction by (Rosario v. Carandang, G.R. No. L-7076, April the Philippines from entering into a peace pendency the foreclosure Joaquin vindicate his on claim the court. towhich the property involved against no improvidently on knowledge theof Court motion ofthe issued the and assuming mortgage CD. Will because the that petition and the the the new matters alleged in the answer are may be attached as in fact it is provided connected with the transaction or While a plaintiff is entitled to amend the SUGGESTED ANSWER: of court, by changing entirely the nature of birth or an admission of filiation in a public a preliminary injunction (Sec. 4[c] and [d], 1955) for reconsideration was Virginia, a poor, unemployed young agreement with the National Democratic learned reliable sources that Jose fully was secure motion the necessary reliefs, suchgirl, as for he obligation records certiorari also from denied have inprosper? question not any yet liability Explain. been was forwarded already for (5%) plaintiffs to and original SUGGESTED ANSWER: deemed controverted. (Sec. 10 of Rule 6). Yes. The court erred in issuing an Order 58,1997 Rules of Civil Procedure). SUGGESTED ANSWER: that in such case, a copy of the writ of SUGGESTED ANSWER: complaint occurrence before constituting a responsive the subject pleading matter is the action? 4% document or a private handwritten defective because it lacked a notice Does defendant's answer as to plaintiffs 1 Rule An appeal from the RTC to the who has a child by Modesto. Virginia was Front? (4%) quietly and gradually disposing of some of preliminary injunction, which will not be contracting paid. the CA. Resolve (2%) with the a lawyer motion for with a fee. reasons. Provisional Remedies; TRO vs. Status Quo Order (2006) Yes, the present rules allow amendments However, since the contract of lease attached 1997 No, a Rules suit for of injunction Civil Procedure cannot ; Remington aptly be The motion to dismiss and to dissolve the granting CDs prayer for foreclosure of attachment shall be filed with the proper of the opposing party's claim and does not served (Sec. 2, Rule 10, instrument signed by In such hearing, the defect was cured oncourt time by (Ong v. as Tating, 149 SCRA 265, allegation no. is 1 asY.equipment well as case, no. 2a considered Court of Appeals deemed perfected as to in dire need of pecuniary assistance to his machinery and to the interference with a of (4%) Differentiate a TRO from a the status quo order. substantially altering the nature of the Industrial Sales Corporation v. Court of to the isnot the basis of defense, by filed with the Supreme Court to stop the writ ofanswer preliminary attachment should mortgage ordering AB to pay CD be the [1987]) court and notice of the attachment served require for its adjudication the presence of action of X and has prescribed. its filing on March 15 of a supplemental sufficiently raise an issue of fact? Reason the appellant upon the filing of a notice of keep her child, not to say of herself, alive. businessman friend who was also engaged coordinate jurisdiction. SUGGESTED ANSWER: Appeals, G.R. No. 133657, May 29, 2002 ), (2%) cause of action. (Sec. 3, Rule 10, 1977 Rules not filingfact a reply denying under oath the (1) However, The if the that action the writ is of based attachment on the Parties; Third-Party Claim (2005) President of the Philippines from entering denied. SUGGESTED ANSWER: full amount of the mortgage debt including upon the custodian of such property. (Sec. third parties of whom the court cannot pleading, provided that motion was set for briefly. (5%) appeal in the RTC in due time or within the The criminal case is still pending in court in furniture manufacturing such that from A status quo and order (SQO) is 1, more in the v. Court of 280 SCRA 870 still, a complaint cannot be amended to of Civil Procedure; Heirs of Marcelino Pagobo ALTERNATIVE ANSWER: genuineness due execution said Provisional Remedies; Attachment (1999) As to plaintiffs allegation no. defendant was open served and continuous ahead of the possession summons did of than the not A obtained aAppeals, money judgment against B. into a peace agreement with the National 7, last par., Rule 57) interest and other charges notAn later acquire jurisdiction .(Sec. 7 of Rule 6). hearing and served on the adverse party reglementary period of appeal. appeal and although the on civil liability aspect of [1997]). confirmed reports Joaquin gathered, the nature of a cease and desist order, since Since the supplemental pleading was not confer jurisdiction a court where there contract, the plaintiff is deemed to have May damages be claimed by a date party The motion to dismiss of plaintiffs counsel does not sufficiently an issue of fact, status the of an jurisdiction illegitimate of the child, court the over action his After the finality of the decision, the court Democratic Front, which is a purely 120 days from receipt of the Order. The at least three (3) days before the of byaffect record on appeal is raise deemed perfected as the crime has not been waived or This should only be true, however, when machinery and equipment left with Jose it does not direct the doing or undoing of set for hearing, it did not cure the defect was none to begin with. admitted the genuineness and due execution prejudiced by a wrongful attachment Rule 8; Toribio v. the Bidin, 132 SCRA 162 should not be granted because bringing in because he cannot allege lack of person. should have It makes been brought writ, unenforceable. during the issued a writ of execution for the political question. (Madarang v. Santamaria, court should have rendered a judgment hearing. (Sec. 4, Rule 15) . to [1985]). the appellant with respect to the subject reserved for a separate civil action, the the substantial change or alteration in the were no longer sufficient toprohibitory answer for the acts, as inofthe case of or Pleadings; Amendment of Complaint; To Conform w/ thereof. (Secs. 7 and 8 case, of the original motion. even if the judgment isConformably adverse to of him? plaintiffs counsel asThe a defendant in the knowledge the mortgage deed since he (Sec. lifetime 5, Rule. of Y. 57) In However, such all the that action is needed of X enforcement thereof. with 37 Phil. 304 [1917]). President the which is appealable. Since no appeal was matter thereof upon the approval of the trial for the caseor was foreseen to serve take two cause of action defense shall the latters mortgage indebtedness. In the Evidence (2004) mandatory injunctive relief. A TROPerformance is only Prejudicial Question; Ejectment vs. Specific SUGGESTED ANSWER: Abrogar, GM. No. 197393, February 23, Explain. (2%) counterclaim is the authorized by the Rules. should have personal knowledge as to to has be prescribed. done isjudgment to re-serve the writ.final (Onate the said writ, sheriff levied upon Philippines is immune from suit. taken, the became on record on appeal filed in due time. (Sec. 9, long years because of the heavily clogged higher interests of substantial justice and meantime judgment was rendered by the Remedies; Appeal to SC; Appeals toable CA (2002) Yes, damages may be claimed by a party During trial, was to present, (2000) good for Amendment 20 days if by and the RTC; 60 1985) Provisional Remedies; Injunctions; Ancillary Remedy vs. Pleadings; ofissued Complaint; Matter of Right v. Where it is plaintiff required for the grant of whether he signed it oris not because Knowing what Jose has been doing. If you certain properties under B's name. C may filed August 1999, which the date of entry Rule 41) court calendar before the judgment prevent delay and equally promote the court in25, favor of Joaquin but the same is a) What are the modes of appeal to prejudiced by a wrongful attachment even without objection on the part of defendant days BB files if issued a complaint by the for CA; ejectment until further in the (2) The writ was improperly implemented. Main Action (2006) (2005) complete relief in the determination of the he did not deny under oath the were Joaquins lawyer, what action would a third-party claim over said properties judgment. (Sec 2, Rule 36) Hence, AB had 2 of The contention of XXX that the RTC be rendered. If is you were the lawyer of laudable objective of the rules which is to not yet final. if the the Supreme judgment Court? adverse (2%) to him. This is in an ejectment case, evidence showing notice MTCon if the issued ground by the of SC. non-payment Theremaining SQO is of Serving a preserve notice of garnishment, Distinguish between injunction as an On May 12, 2005, the plaintiff filed a SUGGESTED ANSWER: counterclaim, the court shall order the genuineness and due execution of the you take to whatever claiming that B had already transferred up to December 24, 1999 within which to has no more jurisdiction over the case is not Virginia, what action should you to secure aremedy just, speedy and inexpensive b) Comment on a proposal to take amend authorized by the Rules. A claim, for that plaintiff served on defendant a without rentals against any prescriptive JJ. After two period days, and JJ files may in particularly before summons is served, is ancillary and injunction as a main To help Virginia in the meantime, her complaint in the RTC of Quezon City for the defendant's counsel to be brought in since mortgage deed, which isthat an actionable machinery and equipment left the same to him. A moved to deny the pay the amount due. (Sec. 2,are Rule 68) with The correct because at the time the motion help Virginia in the meantime especially disposition of every action and proceeding. SUGGESTED ANSWER: Rule 122, Section 2(b), in relation to damages may be made on account of written demand to vacate the subject be the issued RTC without a complaint a bond. against A TRO BB dies for a not proper. It should be a copy of the writ action. (2.5%) lawyer should apply for Support Pendente collection of P250,000.00. The defendant SUGGESTED ANSWER: jurisdiction over him can be obtained. (Sec. As to abused plaintiffs allegation no. Jose? Why? (5%) third-party claim and to hold B and C court gravely its discretion to document. approve the compromise had been filed, Injunction as an ancillary remedy refers to with the problem of feeding the child? (Valenzuela v. Court of Appeals, 363 SCRA Section 3(c), of the Revised Rules of improper, irregular orof Appeals, excessive property before the commencement of the natural specific death performance after the to enforce allowable the period; option To whatever remaining of attachment that should served on Lite as provided in the Rules. In criminal filed a preserve motion to dismiss thebe complaint 12 of Rule 6; Aurelio v. Court 196 2, defendant did not properly deny liability jointly and severally liable to him for the Pleadings; Amendment of Complaint; By Leave of Court; amounting to lack or excess of jurisdiction the period of appeal of YYY had not yet the injunction which requires (5%) 779 [2001]). Criminal Procedure to provide for appeal Petition for Relief & Action for Annulment (2002) attachment, which shall be heard with suit, preliminary a674 matter not alleged or otherwise set the to purchase SQO does the not. parcel Athe TRO of court land is provisional. subject of machinery and equipment are left with defendant, and a notice that the bank actions where the civil liability included ground that had no SCRA [1994]). Here, the counterclaim as to plaintiffs contracting with a lawyer Prescriptive Period (2000) money judgment alleging that B case; had in denying ABsdenying motion praying that CD be expired. Besides, even if that period had Plaza Enterprises Inc., 32 SCRA the existence of a pending principal to the Court of Appeals from the decisions Pleadings; Certification Against Forum Shopping (2000) May an order the probate of a notice to adverse party and his surety forth in the pleadings on file. May the SQO the ejectment lasts until case. revoked. What is A the TRO effect is not of Jose, Joaquins lawyer should file a verified After due hearing, the court denied the deposits are attached pursuant to the writ. support for the offspring as her a jurisdiction over the action since the was both the plaintiff and his for a fee. He did not even deny for lack of X, an against illegitimate child of Y, celebrated transferred said properties to C where torefers defraud Provisional Remedies; TRO; CA Justice Dept. (2006) directed to receive the amount tendered. 281.) SUGGESTED ANSWER: already expired, the records of the case had while as a and main action to (3) The writ was improvidently issued if ALTERNATIVE ANSWER: of theinjunction RTC in criminal cases, the As counsel A, B, C and D, Atty. XY (Sec. 7[d], Rule 57) will still be overturned after the period to or sureties. (Sec. 20, Rule 57; Javellana v. corresponding pleading still be amended extendible, JJs action but on BBs the SQO complaint? may be Explain. subject application for appointment by the third-party claim rendered an consequence of the crime and the civil claimed amount of P250,000.00 is within Provisional Remedies; Attachment (2001) lawyer who allegedly maliciously induced knowledge. (Sec. 10Division of The Ruleto 8). 18th birthday on May 2, 1996. A for month him (A). May a justice of a of the Court of There is no effect. ejectment case SUGGESTED ANSWER: not yet been forwarded the Court of The counterclaim should be dismissed the principal case itself that prays the indeed itone can be shown that obligation D. O. penalty imposed is reclusion perpetua or prepared a or complaint for recovery of appeal therefrom has lapsed? Why? to conform to evidence? Explain. (5%) to (5%) agreement of more the parties. court of receivers. The Rules amended decision declaring B and C aspect thereof has not been waived or the exclusive jurisdiction of(3%) the May a her writ ofthe preliminary attachment be the plaintiff to file the suit. Yes. The corresponding pleading may still before birthday, Y died. The legitimate Appeals issue a TRO? (2%) involves possession de facto only. The Appeals. The rules provide that in appeals because it is not a compulsory SUGGESTED ANSWER: remedy of permanently restraining the was already fully paid. The writ is only life imprisonment, subject to the right of possession of a parcel of land against Z. provide that receivership is proper in an jointly and severally liable to A for the reserved for a separate civil action, Metropolitan Trial Court, of Quezon City. issued ex-parte? Briefly state the SUGGESTED ANSWER: be amended to conform to the evidence, family ofparty Y refused to recognize Xaas an SUGGESTED ANSWER: enforce the action. option to purchase Yes, anto order denying the probate of a will byaction notice ofthe appeal, the court loses counterclaim. When a lawyer files case Rule 61) adverse from doing or the not doing the ancillary to main (Sec. 13, Rule the accused to appeal to Supreme Before filling the complaint, XY discovered action by the mortgagee for the money judgment. Is the ruling of the court accused may be ordered to provide Before the court could resolve the motion, Yes, a justice of a division of the Court of reason(s) for your answer. (3%) A. The modes of appeal to the Supreme because the written demand to vacate, illegitimate child of Y. After countless Provisional Remedies; Injunctions; Issuance w/out Bond will not suspend the action of ejectment may be overturned after the period to jurisdiction over the case upon the for a client, he of. should not be sued on to a SUGGESTED ANSWER: act complained 57) The alleged payment ofas the account Court. (3%) that his clients were available tocourt, sign SUGGESTED ANSWER: foreclosure of aCourt mortgage when it appears correct? Explain. (4%) Appeals may issue a not TRO, authorized pendent elite to the child born the non-payment plaintiff, without leave of Court are: (a) APPEAL BY CERTIORARI on Supply Corp. v. of Appeals, 208 SCRA 108 support (2006) made prior toin the commencement of the efforts to convince them, X filed on April for of rentals. (Willman Auto Provisional Remedies; TRO (2001) appeal therefrom has lapsed. A PETITION NO. C has not been properly impleaded as perfection of the appeals filed in due time counterclaim the very same case he cannot, serve as a ground for resolving Yes, an order of attachment may be the certification of non-forum shopping. To under Rule 58 and by 5, Rule IV of that the property is Section in danger of a being the offended party. (Sec. 6 of amended his complaint to allege new Y. After filed her answer on August 14, [1992]). pure questions of law under Rule 45 May aZ Regional Trial Court issue ejectment suit, was presented by the 25, 2000 an action for recognition against An application for writ of preliminary FOR (Sec. 1 RELIEF of Rule may 59). be filed on of the grounds a party defendant. He cannot be held and the expiration of the to appeal of has filed as counsel. should be filed in a the improvident issuance issued ex-parte oraIt upon motion with avoid further delays in time the of writ, the the IRCA which additionally requires that the wasted or dissipated or materially injured Pre-Trial; Requirements (2001) cause of action consisting in filing thethe inclusion 2000, X filed a motion for leave to file an through a petition for review on certiorari; without bond? (2%) plaintiff in evidence without objection on Z, wife of [1991]) injunction with a prayer for a temporary of fraud, accident, mistake or excusable liable for the judgment against A without a the other parties. separate and distinct civil action. (Chavez because this matter delves into the merits notice and hearing. (Sec. 2 of Rule 57) The action complaint, shall XY be signed submitted certification on the next and and that its value is the probably insufficient Lilio filed a complaint in the Municipal of an additional amount of P200,000.00, SUGGESTED ANSWER: amended complaint and aincluded motion to admit and (b)fact, ORDINARY APPEAL in criminal the part of since the 193 defendant. Even if the Provisional Remedies; Replevin (1999) restraining order is in a v. Sandiganbayan, SCRA 282 negligence within a period of sixty (60) trial. In no bond was filed by B, of the case, and requires full-blown trial. reason why the order may be impleading issued ex working day to the absent members the immediately filed the complaint in of court. to discharge the mortgage debt. Yes, if the injunction that is issued is from a final Trial Court of Lanuza for the recovery of a thereby increasing his total claim to Pleadings; Motions; Bill of Particulars (2003) the said amended complaint cases through a notice of appeal demand to vacate was jurisdictional, still, What is Replevin? (2%) SUGGESTED ANSWER: complaint and filed in C a for multi-sala RTC days after the petitioner learns of the the sheriff is liable to damages. C Payment, however, serves as a ground for division for the ratification, modification or parte is: (3) that requiring notice to the Is XYcounsel justified in signing the certification? late Justice Jose B.L. Reyes v. Court of injunction. Generally, however, preliminary sum against Juan. The latter filed his P450,000.000. The plaintiff thereafter filed the 1 three When can legitimate a bill children of was particulars of Y. The be SUGGESTED ANSWER: NO, cannot sign the anti-forum convictions imposing reclusion perpetua Provisional Remedies; Attachment vs. more Garnishment the amendment proposed to conform consisting of Branches 1,2,3 and 4. Being judgment or final order and not than can file a separate action to enforce his recall (Heirs of the Appeals, G.R. Nos. 135425-26, November a motion to dismiss. adverse party and a hearing would defeat Why? (5%) injunction cannot issue without bond answer to the complaint serving a copy his opposition to the to dismiss, Replevin or delivery of motion personal trial availed of? admitted the amended Asi, 100 785 (1957)]. (1999) shopping certification it property must be or life court imprisonment or a that lesser SUGGESTED ANSWER: to the evidence that was already inunless the urgent in nature, the Executive Judge, who six 2000). (6) Phil. months after because such judgment or third-party claim. It is in where that suit B 14, the purpose of the provisional remedy and exempted by the trial court (Sec. 4[b] of Rule thereof on Lilio. After the filing of the claiming that the RTC had jurisdiction, over consists in the delivery, by order of the The motion to dismiss should be denied. Basic complaint 2 What on August is the 22, effect 2000. What of is nonthe Distinguish attachment from garnishment. executed by the plaintiff or principal penalty is involved but for offenses record and not to confer jurisdiction on the Provisional Remedies; TRO; Duration (2006) was sitting in Branch 1, upon the filing of final order was entered [Rule 38, secs. 1 & can raise the ground of fraud against C. enable the adverse party to abscond or 58). SUGGESTED ANSWER: is the rule that a whose motion to dismiss is not a answer of Juan, duty is it to have An his ACTION action. FOR Rule ANNULMENT on the motion may also of the be court, property by the SUGGESTED ANSWER: effect compliance of the with admission the order of the of a amended bill of (2%) (Tanongan v. Samson, G.R. No. 140889, May party himself (Sec. 5,of Rule 7; Excorpizo v. committed on the same occasion or which court, which is execution not allowed. Failure to 9, 3; Soriano v. personal What is the duration a TRO issued by the aforesaid application immediately Court of Appeals, 172 SCRA However, the may proceed SUGGESTED ANSWER: SUGGESTED ANSWER: Provisional Remedies; Injunctions; Requisites (2006) dispose of his property before a writ of 1 Before responding to a pleading, a responsive pleading. Under the Rules, a Attachment and garnishment are the case set for pre-trial? Why? (5%) filed on the ground of extrinsic fraud within with reasons. (4%) defendant to the plaintiff, upon the filing 2002) complaint? particulars? Has 4% the action of X prescribed? University of Baguio, 306 SCRA 497, [1999]) , arose out of the same occurrence that amend, however, does not affect the result 480). the Executive Judge of a pleading Regional Trial raffled the case in the presence of the where there is a for finding that the claim is After the may filing of the answer of Juan, the No. The action filed on April 25, 2000 is and still What are the requisites for the issuance of attachment issues. (Mindanao Savings pleader amend his as a ALTERNATIVE ANSWER: It depends. In party may move a bill or particulars of distinguished from each other as follows: Petition for Certiorari (2000) four years from its discovery, and if of a (4) bond. (Calo v. Roldan, 76knowledge Phil. 445 Explain. (5%) SUGGESTED ANSWER: Provisional Remedies; Attachment (2005) since the rule personal gave rise to the more serious offense. of the trial on these issues. (Sec. 5 of Rule Court? (2%) judges of Branches 2,3 and 4.be The case within the four-year period fraudulent. PLAINTIFF hasrequires the duty to other promptly move Loan Association, Inc. v. prescriptive matter of right before the party has (a) amortgaged writ of preliminary injunction; and (b) Provisional Remedies; Support Pendente Lite (1999) forcible entry, the motion may allowed any matter which is not averred with [1946]) ATTACHMENT is a provisional remedy that AB his property to CD. AB based on lack of jurisdiction, before it is In cases of extreme urgency, when the Katy filed an action against Tyrone for by the party executing the certification, (Rule 122, sec. 3) Convictions imposing the 10). was raffled to Branch 4 and judge thereof which started to run on May 2, 1996. The ex parte that the case be set for pre-trial. served his responsive pleading . (Sec. 2, a final writ of injunction? Requisites for (Rule 47, secs. 2 & 3) B. There is no constitutional objection to Before the RTC, A was charged with rape at the discretion of the court, the demand sufficient definiteness or particularity to SUGGESTED ANSWER: effects a levy on of a party as failed topenalty pay his obligation and CD through filed an barred by laches orproperty estoppel. applicant will suffer grave injustice and collection of the sum of P1 Million in the UNLESS counsel gives a good reason why death are elevated amended complaint impleading the three immediately issued a Judge temporary Rule 10, Rules of Court) The court, in it allowing (Sec. 1, 16year Rule18). The reason is that is the the issuance of a: providing in the Rules of Court for an No. It is only the Executive who can of his old daughter. During the having been presented at the trial without enable him properly to prepare his security for the to satisfaction any action for an foreclosure of mortgage. After irreparable injury, the duration ofof a TRO RTC, with ex-parte application for a writ he is for not able secure his clients automatic review. legitimate children, though admitted on the amendment, would not be acting without restraining order. Is thedefendant. temporary SUGGESTED plaintiff who knows when the last pleading Petition Relief; Injunction (2002) appeal to ANSWER: the Court of Appeals from the issue immediately a temporary restraining pendency of the case, the daughter gave objection on the part of the In responsive pleading. If the pleading is a judgment that may be recovered, while trial, the court issued an Order granting issued ex parte by an Executive Judge of a of preliminary attachment. Upon posting of signatures and shows that his clients will jurisdiction because allowing an amendment August 22, 2000 beyond the four-year a. Writ of Preliminary Injunction (Sec. 4, restraining order valid? Why? (5%) has been filed and it is the plaintiff who A default judgment was rendered by the decisions of the RTC in criminal cases order effective only for seventy-two (72) birth to a child allegedly as a consequence unlawful detainer, however, the demand reply, the motion must be filed within ten GARNISHMENT is a levy on debts due the CDs prayer for foreclosure of mortgage Regional Trial Court is 72 hours (2nd par. of ALTERNATIVE ANSWER: as a matter of right does not require the an attachment bond, the court be deprived of substantial justice (Ortiz v. prescriptive period, retroacts to granted the date of Rule 58 1997 Rules of Civil Procedure) are the has the duty to prosecute. RTC ordering D to or pay P a she sum of money. where the penalty imposed is reclusion hours from issuance. No other Judge has of the rape. Thereafter, the to vacate is jurisdictional and since (10) days from service thereof. (Sec. 1the of judgment defendant and other and ordering AB to complaint. pay CD the full amount In the event the plaintiff aasked reply, his Sec. 5, of Rule 58 1997 Rules of files Civil Procedure) . In exercise ofobligor discretion. The court therefore filing of the original Amendments application and issued a writ of preliminary Court Appeals, 299 SCRA 708, [1998]) or (1) A verified complaint The judgment became final, but D filed a perpetua or life imprisonment to the right or power to issue a subject temporary accused to support the child, and he Parties; Third Party Claim (2000) court did not acquire jurisdiction from the Rule 12) credits, including bank deposits, royalties of the mortgage debt including interest would not be and thus, could not have duty to move that the case setwhen for prethe exercise of his regular functions over impleading new defendants retroact to the attachment. Apprehensive that Tyrone (2) The existence of a right unless he is"acting" authorized to be sign it by his showing; petition for relief and obtained a writ of Pleadings; Counterclaim against the Counsel of the the right of the accused to appeal to the restraining order ex parte. The Judge to refused, the former filed a petition for JKs real property isproperty being attached by the very beginning, the motion to conform to acted without jurisdiction. It would have been and other personal not capable of and other charges not later than 120 days 2 If the order is not complied trial arises after reply has been served cases assigned to his sala, an Executive date of the filing of the complaint because (3) Violation or threat of violation ofwith, might in esse; withdraw his savings deposit with clients through athe special power of attorney. (Verzosa v. Court of Appeals, 299 SCRA 100 preliminary injunction staying the Plaintiff (2004) Supreme Court, because it does not different had been made whom the case isthe assigned will then support pendente lite. The accused, sheriff in a the civil action for damages evidence cannot be entertained. The (Note: The four-year period is based on Article 285 of the manual delivery under a writ of execution from date of receipt of the Order. AB the may order striking out of or the they do not constitute a new cause of and filed. Judge may issue aamendments TRO for a duration not [1998]). (4) Damages or injuries sustained such right; the court bank, the sheriff immediately served a Civil Provisional Remedies; Injunction (2001) enforcement of the judgment. After PX filed a suit for damages against DY. In Reglementary Period; Supplemental Pleadings (2000) ALTERNATIVE Code) ANSWER: after a responsive pleading had served. deprive the Supreme Court of the right to conduct a summary hearing to determine however, insists that he cannot be made against LM. JK claims that he isbeen not a party amendment cannot be allowed because it Provisional Remedies (1999) or a writ of attachment. received the Order on August 10, 1999. No pleading or the portions thereof to which action. exceeding a total of 20 days. that will be sustained byCivil reason of such to notice of garnishment on the bank May aare writ of preliminary injunction be Under the 1997 Rules of Procedure, if hearing, the RTC dismissed Ds petition, The court then would have been exercising its his answer, DY incorporated a The RTC rendered judgment against ST, exercise ultimate review of the judgments whether the temporary restraining order to give such support arguing that there is the case; that his property is not will in proceeding effect confer jurisdiction when there What the provisional remedies under other took place thereafter. On the order was directed orof make such other (5) Notice to all parties raffle and violation; Pleadings; Reply; Effect of Non-Filing of Reply (2000) implement the writ of preliminary Remedies; Appeal; RTC to CA (1999) issued ex-parte? Why? (3%) discretion in allowing or disallowing an additional defendant is impleaded in a whereupon P immediately moved for the counterclaim for damages against PX and copy of which was received by his counsel in such cases. shall be extended, but in no case beyond as yet no in finding to his guilt. involved said as case; and thatWould he is you the is otherwise no jurisdiction. the rules? (2%) December 20, AB tendered the full order as it deems just. (Sec. 4 RTC of Rule 12) (6) Hearing on the of hearing; X files a complaint in the for the attachment. The following day, the sheriff SUGGESTED ANSWER: ALTERNATIVE ANSWER: 1 When is 1999, an appeal from the RTC to amendment. It cannot doOn so March however, because later pleading, the action is commenced execution of the judgment in his favor. AC, SUGGESTED counsel ANSWER: for plaintiff in said suit, on February 28, 2000. 10, 2000, 20 days, including the original 72hour agree with the trial court if it of denied the sole registered owner of said property. amount adjudged bymoney court to CD but (7) Filing of an appropriate bond and application; Ps immediate for execution of may the No, No. a The writ provisional of motion preliminary remedy injunction support recovery of a sum of with damages The temporary restraining order is not proceeded to Tyrone's house and served Pleadings; Answer; Defense; Specific Denial (2004) it would be then acting on an amendment of a the Court of Appeals deemed perfected? The provisional remedies under the rules with regard to him on the date of the filing Should Ps motion be granted? Why? (3%) alleging in said counterclaim, inter alia, ST, through counsel, filed a motion for period. (Sec. 5 of Rule 58) application for support pendente lite? Under the Rules of Court, what must JK do the latter refused to accept it on the service thereof. judgment in his favor should granted not pendente be issued lite may ex parte. beit granted AsBaralin, provided by the inRTC the against Y. Y the files his answer denying valid because question does not state complaint over which has nobe jurisdiction. him the summons, with copies of the In his complaint for foreclosure of (2%} SUGGESTED ANSER: May 30, 1963; Gumabay v. G.R. No. are preliminary attachment, preliminary of such later pleading, irrespective of that AC, as such counsel, maliciously reconsideration of the decision with notice Explain. (2%) SUGGESTED ANSWER: to prevent the Sheriff from attaching his ground that the amount was tendered (Soledad v. Mamangun, G.R. No. L-17983, because the dismissal of Ds petition for Rules, in the criminal no preliminary action for injunction rape. In criminal shall be liability under the contract of sale and that the matter is of extreme urgency and complaint containing the application for mortgage to which was duly attached a If real property has been attached, 2 XXX received a copy of the RTC L-30683, May 31, 1977; Prudence Realty v. injunction, receivership, replevin, and whether the motion for its admission, if induced PX to of bring the suit against the DY b. Whilethe a final writ period of injunction may be to the Clerk Court submitting property? (5%) beyond 120-day granted by the relief also dissolves the writ of preliminary granted actions where without the hearing civil liability and prior includes notice praying for the dismissal of the complaint the applicant will suffer grave injustice writ of preliminary attachment, Katy's CA, G.R. No. 110274, March 21, 1994) copy of the mortgage deed, plaintiff PP 57 toremedy 61, for Rules of to Court). the is file a third-party claim. decision on June 9, 1999; YYY received it support pendente lite. (Rules necessary, is denied by the court. (Sec. 5 Within AB fifteen (15) days from service of the despite AC's knowledge of its of utter lack of rendered by judgment after trial, showing motion the consideration theof court. ALTERNATIVE ANSWER: court. filed a motion in the same court injunction staying the enforcement the to support the party for or the person offspring sought as to be a on the ground of lack of cause of action and irreparable injury. (Sec. 5 of Rule 58) affidavit, order of attachment, writ of alleged inter alia as follows: (1) that The third-party claimant should make an on the next day, June 10, 1999. XXX filed of Rule 1). summons, Tyrone filed a motion to (Sec. dismiss factual and 15, legal basis. In due time, AC applicant to be entitled to the 9, On March 2000, realizing that the praying that CD be directed to writ receive the enjoined. consequence (Sec. 5 of the Rule crime 58) The and reason the civil is because the contract of sale The was preliminary attachment and attachment defendant DD duly executed the affidavit of his of title to the property a Notice of Appeal on June 1999. Rule 58 1997 Rules of Civil Procedure). Version 1997-2006 Updated by 15, Dondee and to filed a motion to the counterclaim Motion lacked a dismiss notice of hearing, STs amount tendered by him the on ground that a thereof has not been aspect superseded by a contract ofon lease, bond. mortgage deed, parties entered into a compromise as against him on the ground that he is counsel filed a supplemental pleading. that the Order does not comply with the not a proper party to the case, provisions of Section 2, Rule 68 of the

by: sirdondee@gmail.com sirdondee@gmail.com sirdondee@gmail.com Page Page Page Page 27 30 28 31 29 26 33 of of 3266 of 66 of of of The 66 66 66 66 preliminary he attached, motion Was waived, being the to Provisional Remedies; TRO (2006) Provisional Remedies; Attachment (1999) stating dismiss merely injunction reserved plaintiffs should the for or may Reconsideration grounds instituted be cause counsel. granted. ofthe prior grave his Is Jurisdiction title the to filed and its counterclaim thereto, within filing, irreparable must the and be not Consequently, copy executed dissolve June from of 16, the date which and 1999. writ of signed the of receipt On is preliminary Annex June action by of 13, the X "A" of and attachment Order. 1999, X of Y YYY, The has two the motion judgment, even if dismissal is not yet final. [Golez Provisional Remedies; Receivership (2001) Define a temporary restraining order (TRO). In aLeonidas, case, the property of provide an incompetent v. 107 SCRA serve conferred of injury accused DY compulsory to such the may by affidavit party period? be the ordered or enjoined. contents upon not? Explain. Should the to sheriff (5%) of187 AC's thewhile support motion original the court prescribed complaint weeks on who thedenied did following after not with and the his appeal, respect grounds: made motion contract filed an to (i) on with the integral of the the the sale three court ground RTC was part (3) did a reglementary
Remedial Law Bar Examination Q & A (1997-2006)

Rules of Court which give AB 120 days from entry of judgment, and

by: sirdondee@gmail.com sirdondee@gmail.com Page Page 34 35ofof 6666 there summary is no procedure norand anysince plain, the speedy counterclaim and adequate is only on appeal, the plaintiff is deemed to have appeal remedy in the it cannot ordinary be course entertained of law,by to the be waived his right to present evidence. (Id.) permissive, filed within Court. Municipal sixty (60) (Revised days from Rule notice on Summary of the Special Civil Action; Ejectment (1997) Procedure.) judgment, order or resolution subject of the Special(Secs. Civil Action; Foreclosure (2003) On 10 January 1990, X leased the petition. 1 and 4.) ADDITIONAL ANSWER: A borrowed from the Development Bank of warehouse of A under a lease contract 1) appeal by (DBP) certiorari Rule theInPhilippines theunder amount of45, P1 with a period of five years. On 08 June the petitioner and respondent are million secured by the titled land ofthe his 1996, A filed an unlawful detainer case original to the action and the friend B parties who, however, did not assume against X without a prior demand for X to lower court is not impleaded. In certiorari, (a) Can X premises. contest his ejectment on the personal liability for the loan. A defaulted vacate the under Rule 65, an theaction lower for court is ground that there was no prior demand and DBP filed judicial 2) In appeal by certiorari, the filing of a impleaded. for him to vacate the premises? foreclosure of the real estate mortgage motion for reconsideration is not required, (b) In case the Municipal Trial Court impleading A and B as defendants. In due while the court special civil action of renders judgment in favor of A, is the course, in the rendered judgment certiorari, such a motion is generally judgment immediately executory? directing A to pay the outstanding account SUGGESTED ANSWER: required. of P1.5 million (principal plus interest) to SUGGESTED ANSWER: (a) Yes. X can contest his ejectment on the the bank. No appeal was taken by A on the b. NO, because as a general rule, certiorari ground that there was no prior demand to Decision the reglementary A is proper within if there is no appeal (Sec.period. 1 of Rule vacate the premises. (Sec. 2 of Rule 70; failed However, to pay theifjudgment the 65.) appeal isdebt not within a speedy Casilan vs.Tomassi l0 SCRA 261; Iesaca period specified in certiorari the decision. and adequate remedy, may be vs.Cuevas. 125 SCRA 335). Consequently, the v. court ordered the resorted to. (Echaus Court of Appeals, (b) Yes, because the judgment of the foreclosure sale of the mortgaged land. In 199 SCRA 381.) Certiorari is sanctioned, Municipal Trial Court against the that foreclosure the land was sold of to even if appeal is sale, available, on the basis defendant X is immediately executory the DBP for P1.2 million. The sale was a patent, capricious and whimsical upon motion unless an appeal has been On 10 January 2003, the bank filed an exsubsequently confirmed the and exercise of discretion byby acourt trialcourt, judge as perfected, a supersedeas bond has been parte motion with the for the (Vasquez vs. Robilla-Alenio, 271 SCRA the confirmation of the sale was registered when an of appeal will not promptly filed and the periodic deposits of current issuance a writ of possession to relieve oust B 67) with the Registry of Deeds on 05 January petitioner from the injurious effects rentals. If any, as determined by the from the land. It also filed a deficiency Remedies; Void Decision; Proper Remedy (2004) of the (Sec. 9, third ANSWER: par., Rule 41) ALTERNATIVE 2002. disputed judgment will be made with the appellate claim fororder P800,000.00 against civil A and B. After plaintiff in an ordinary action (a) Yes, X can contest his ejectment on court. (Sec. 8 of former Rule 70; Sec. 19 of new the deficiency claim was opposed by A before the RTC; ZZ has completed The rules alsothat provide that prior to the the ground since he continued Rule 70). and B. presentation of his evidence, defendant transmittal ofthing the record, the fifteen court may, enjoying the leased for days (b) Resolve the deficiency claim of without prior leave of court moved for among others, approve compromises. after the termination of the lease on SUGGESTED the bank. ANSWER: 6% dismissal of plaintiffs complaint for (Sec. 9, fifth par., Rule 41) (Note: June 13, the January 9, 1995 with the acquiescence of insufficiency of plaintiffs evidence. After date of the filing of the motion for the lessor without a notice to the contrary, due hearing of the by motion and as the approval of the Compromise Agreement, (a) In judicial foreclosure banks such there was an IMPLIED NEW LEASE. (Art. Special Civil Action; Ejectment (1998) opposition thereto, the court issued an 1670. Civil Code). appears to be a clerical error) DBP, the mortgagor or debtor whose real Remedies; Appeal;for Ruleunlawful 45 vs. Rule 65 (1999) In an action detainer in the order, reading as follows: The Court hereby property has been sold on foreclosure has a) Distinguish a petition certiorari Municipal Trial Court (MTC), for defendant X grants defendant's motion to dismiss and the right to redeem the property sold as a mode of appeal special civil raised in his Answerfrom the a defense that accordingly orders thethe dismissal within one year after sale (or of action for (2%) plaintiff Acertiorari. is not the real owner of the plaintiffs complaint, with the costs taxed registration of the sale). However, the SUGGESTED ANSWER: b) May a party resort to Xcertiorari house subject of the suit. filed a against him. It is so ordered." Is the order purchaser at the auction sale has the right The order or decision is void because it when appeal against is still A available? Explain. counterclaim for the collection of dismissal valid? May properly to obtain writ of possession after does not a state findings of plaintiff fact and of the law, SUGGESTED ANSWER: (2%) of a debt of P80,000 plus accrued interest take an appeal? Reason. (5%) finality of the order confirming the sale. a. A PETITION FOR REVIEW ON CERTIORARI as required by Sec. 14, Article VIII of the 1. P15,000 Is X's defense tenable? fees of P20,000. of and attorney's (Sec. 3 of Rule and 68; Sec. 47 of RA 8791. The Constitution Sec. 1, Rule 36. Being as a mode of appeal may be distinguished 2. Does the MTC have jurisdiction over [3%] (b) The deficiency of the bank may General Banking Law ofclaim 2000). The motion for from special civil action for certiorari void, appeal is not available. The proper the acounterclaim? [2%] SUGGESTEDin be enforced against the mortgage debtor writ of possession, however, cannot be ANOTHER ANSWER: remedy is certiorari under Rule 65. that the ANSWER: : petition for certiorari as a mode of A, but it cannot be enforced against B, the Either certiorari or ordinary appeal may filed ex parte. There must be a notice of appeal governed 45 and is 1. No. is X's defense by is Rule not tenable if filed the owner of the mortgaged property, who did be resorted to on the ground that the hearing. from a is judgment orlessor final order of a the RTC, action filed by a against lessee. not assume personal liability for the loan. judgment is void. Appeal, in fact, may be the Sandiganbayan orpossession the Court of However, if the right of of the ALTERNATIVE ANSWER: remedy. the more expedient Appeals, within fifteen days from plaintiff depends on his (15) ownership then Yes. The the order of dismissal (a) Resolve motion for the issuancefor of notice of theis judgment the defense tenable. appealed from or of insufficiency of the plaintiffs evidence is a writ of possession. 2. The counterclaim within the denial of the motion is for new trialthe or valid upon defendant's motion to dismiss jurisdiction of the Municipal Court reconsideration filed in dueTrial time on even prior leave of court. (Sec. 1 of Special without Civil Action; Petition for Certiorari (2002) which does of notlaw exceed P100,000, questions only (Secs. 1 because and 2); Rule 33). Yes, plaintiff may properly take the principal demand isFOR P80,000, exclusive SPECIAL CIVIL ACTION CERTIORARI is an because the dismissal of the Theappeal defendant was declared in default in of interest and attorney's fees. (Sec. B.P. governed by Rule 65 and is filed to33, annul complaint ishis a final and order. the RTC for failure toappealable file an answer to Big. 129, as judgments, amended.) However, inasmuch as or modify orders or resolutions However, if for the orderof of dismissal is a complaint a sum money. On the all actions of forcible entry and unlawful rendered or issued without or in excess of reversed basis of the plaintiffs ex parte detainer are subject to grave abuse of jurisdiction or with presentation of evidence, judgment by discretion tantamount to lack or excess of default was rendered against the jurisdiction, when defendant. The default judgment was served on the defendant on October 1, 2001. On October 10, 2001, he files a verified motion to lift the
Remedial Law Bar Examination Q & A (1997-2006)

by: sirdondee@gmail.com sirdondee@gmail.comPage Page Page 38 36 37 of ofof 66 6666 claiming the ground that its main the office court and had operations jurisdiction are in Cebu overCity his Serviceof order income, of outside default Summons the and on province to Carlos set was or aside city validly the in that 2. The motion to no dismiss on the ground of and lack not as in jurisdiction Manila. there was Is the no contention valid service of matter Cars of judgment. which served such upon In obligor him his if motion, resides. the Return the In defendant this will show case person of over the subject Co. correct? onbe Why? him because (5%) The the sheriffs return for or alleged the that judgment it that, was immediately done obligorthrough resides upon in Substituted receipt Bulacan. of summons should denied. counterclaim SUGGESTED ANSWER: (Rule 39, because sec.36). he of service does not show that the sheriff the summon, Service the saw defendant the plaintiff can notand be proof attorney's fees and expenses of litigation is As a expressly provided the Rules, Summons (1999) genuine attempt in to because serve the confronted served personally him with within his receipt a reasonable evidencing first No. amade compulsory counterclaim it when the General a) What diligent is the effect of absence of summons on Solicitor defendant personally before his payment time despite and that efforts the plaintiff made to assured serve necessarily arose out of and commences is connected the action for quo itto may be summons on would thepersonally. judgment rendered in it thru complaint. his wife. Is warranto, the motion dismiss him that the summons he instruct his Linda, lawyer the to serving with the In an original action brought in a RTC in the City of Manila, b) When defendant is meritorious? the case? (2%) What is the purpose of summons withdraw secretary the of additional complaint. defendant The Carlos, trial must court before the RTC, counterclaim may as be in this case, in the Court of Appeals or the in impleaded the action, is a it competent necessary by whom may it be served? Explain. (5%) denied the likewise bein defendants shown to motion be because it and considered compulsory regardless of SUGGESTED ANSWER: Venue; Personal Actions (1997) the Supreme Court. (Sec. 7 of Rule 66) that summons be ofserved him? was not person in accompanied charge defendant's by an upon affidavit office of amount. (Sec. 7 of Rule 6) (2006) Special Civil Actions; Mandamus The motion to dismiss is City, not meritorious c) Is summons required to be served X, a resident of Angeles borrowed A. Is certiorari under Rule 65 the proper Explain. (2%) 2. If you were the judge, will you merit. The where summons defendant was served filed a (Sec. special 7, Rule civil In 1996, Congress passed Republic Act No. because the defendant actually received upon a defendant who was substituted for P300,000.00 from A, a resident of Pasay remedy? Why? (2%) grant Tina's motion to declare Carlos in 14). action forANSWER: certiorari under Rule 65 ALTERNATIVE 8189, otherwise known as the Voter's the summons on time from his wife. B. Did the trial court abuse its discretion or the deceased? Explain. (2%) City. In the loan agreement, the parties default? (2.5%) challenging the denial order. If I were judge, I will not grant Tina's Registration Act of wife 1996,was providing for Service the sufficient. d) A the sued XX Corporation (XXC), a act without or in excess of its jurisdiction stipulatedon that "the parties agree to sue motion to declare Carlos in default computerization of elections. Pursuant (Boticano v. Chu, 148 SCRA 541 [1987]). It is corporation organized under Philippine in denying the defendants motion to lift and be sued in the City of Manila." a) In because summons was not properly thereto, the COMELEC approved the the duty of the court to look into the his complaint to collect the loan from X laws, for of specific when the the order defaultperformance judgment? Why? (3%) case of non-payment of the loan, can A file served and anyway, a verified answer to SUGGESTED ANSWER: Voter's Registration and Identification sufficiency in Angeles of City? the service. The sheriffs latter failed to deliver T-shirts to the A. The petition for certiorari under Rule 65 the complaint had already been filed. System b) Suppose (VRIS) Project. the It parties issued invitations did not negligence in not stating in his return that former as stipulated in their contract of filed by the defendant is the proper Moreover, it is better to decide a case on to stipulate pre-qualify in the and loan bid agreement for the project. as to After the he first made a genuine effort to serve the sale. Summons was served on the ALTERNATIVE ANSWER: appeal is not a plain, remedy because the merits rather than on technicality. the venue, public where bidding, can Fotokina A file his was complaint declared summons on the defendant, should not corporation's director. Would Yes. If itand was cashier shown and that summons was speedy adequate remedy in either the c) Suppose thewith parties in the winning against X? the bidder a bidstipulated of billion prejudice plaintiff. (Mapa v.P6 Court of you consider service of summons on validly served, that In theappeal, motion the to SUGGESTED ANSWER:and ordinary course of law. their loan agreement that "venue for all and was issued a Notice of Award. But Appeals, 214 SCRA 417/1992). The purpose officer sufficient? Explain. (2%) declare Carlos in of default was duly a) The the absence of defendant in effect default can only question the suits arising fromis this contract shall be the COMELEC Chairman Go objected to of the summons toGener inform the defendant furnished on Carlos, and after conducting summons on a judgment would make the decision in the light of the evidence of the courts in Quezon City," can A file his the award on the ground that under the of the complaint filed against him and to a hearing on the same motion. ALTERNATIVE ANSWER: judgment null and void because the court SUGGESTED ANSWER: plaintiff. The defendant cannot invoke the complaint against X in Pasay City? Appropriations Act, the budget for the enable the court to acquire jurisdiction Venue; Improper Venue; Compulsory Counterclaim (1998) Yes. The motion the to dismiss is meritorious. ALTERNATIVE ANSWER: (a) Yes, because stipulation in the loan would have jurisdiction over person receiptnot to prove payment of his the obligation COMELEC's modernization is only P1 over his person. It maybe served by the A. Under ordinary circumstances, the Substituted service cannot be effected agreement that "the parties agree to sue of theplaintiff. defendant, but if the defendant to the billion. He announced to the public that sheriff or his deputy or any person A, a resident of Lingayen, Pangasinan proper remedy of before a party wrongly unless sheriffs that he and be the sued in the return City ofshows Manila" does voluntarily appeared the court, his the VRIS project has been set aside. Twoa authorized by theattempt court. sued X, a resident of San Fernando La declared in default is either to appeal made a genuine to effect personal Meanwhile, Fotokina filed with the RTC not make Manila the "exclusive venue appearance is equivalent to the service of Commissioners sided4)compel with Chairman Go, Union in the RTC (RTC) of Quezon from the judgment by default orCity file for a petition service for the mandamus husband. COMELEC 95: Sec. on 4 of new A can file thereof." (Sec, 4 Rule of Rule Hence, 4, as the amended by summons. (Sec. 20, Rule 14) but the majority voted to uphold the Summons; Validity of Service; Effects (2006) the collection of a debt of P1 million. X did 251 SCRA 391 (1995) to implement The Office the petition for relief from must judgment. [Jao, Inc. b) Yes. Summons be served on his complaint in contract. Angeles City whereof he Circular No. 13 the Tina Guerrero filed with filed the Regional Trial contract. not file of a motion to dismiss for improper v. Appeals, Solicitor General (OSG), representing anCourt additional defendant impleaded in the resides, (Sec, 2 of Rule 4). SUGGESTED ANSWER: Court Binan, a complaint for sum of venue but filed his answer raising therein Chairman Go, Laguna, opposed the petition on the (b) If of the parties did not stipulate on the action court canabused acquire B. Yes, so the that trial the court gravely its money amounting to P1 Million against Carlos improper venue as an affirmative defense. ground that mandamus does not lie venue, A can file his complaint either into jurisdiction him, unless discretion orover acted without or he in makes excess a of Corro. The complaint obligations. alleges, among others, enforce contractual During the He also filed a counterclaim for P80,000 Angeles City where from he resides or in Pasay voluntary appearance. jurisdiction in denying the defendants motion that Carlos borrowed Tina the said amount proceedings, the majority Commissioners filed against A attorney's fees and expenses c) No. who was City where X by resides, (Id). because it for wasA not defendant accompanied by a separate as evidenced a promissory note signed by a manifestation that the Chairman Go was not for litigation. moved for aneed preliminary (c) Yes, because wording ofCarlos the substituted forXthe not affidavit of merit. In deceased his verified motion tobe lift Carlos and his wife, jointly and severally. authorized by the COMELEC En Banc to hearing on affirmative For the order ofsaid default and to defense. set it aside the stipulation doessummons notfor make Quezon the served with summons because is the Is a petition mandamus an was served with which was City received oppose the petition. judgment, the defendant alleged that (Philbanking v. remedy Tensuan. 230 SCRA 413; his part, A filed a motion the appropriate exclusive venue. to Carlos enforce court which orders him to as dismiss the legal by Linda, his secretary. However, failed 1 Rule upon on the receipt affirmative defense of contractual SUGGESTED ANSWER: Unimasters Conglomeration, Inc. v. CA. immediately the of the summons, obligations? (5%) counterclaim for lack jurisdiction. to file an answer to the complaint within theCR15representative of the of deceased to appear ALTERNATIVE ANSWER: No, the Feb. petition for mandamus is filed not with an improper [3%] 119657, 7, 1997) he saw thevenue. plaintiff and confronted (Sec. him with day reglementary period. Hence, Tina and substitute the deceased. 16 his of No. If the parties because stipulatedit that the appropriate remedy not 2 Rule onpayment the on motion tothe dismiss receipt showing and a that plaintiff the (c) the court a motion to declare Carlos inis default d) domestic Rule 3.) Summons venue "shall be in the courts in Quezon assured him that he would instruct his of lawyer to of and available enforce a contractual counterclaim on the its ground lack to allow to her to present evidence ex parte. corporation through cashier and City", A cannot file his complaint in Pasay withdraw the complaint. Since the good obligation. Mandamus is directed only to jurisdiction over the subject matter. [2%] Five days thereafter, Carlos filed his verified director are not valid under the present SUGGESTED ANSWER: defense of the defendant was already City because the use of the word "shall" answer to the complaint, denying under oath ministerial acts, directing or commanding rules. (Sec. Rule 14) They have been 1. There is 11, improper venue. The case for incorporated in the verified motion, there was makes Quezon the exclusive venue No. 151992, 18, 2002; Sec. the genuineness and due execution of 3, the a person to September do City a legal duty (COMELEC v. removed from those who can be served v. Court Appeals, 233 SCRA 471 of (1994); not needof for a separate affidavit merit. a sum of money, which was filed in Rule 65). promissory note and contending that he has thereof. (Hoechst Philippines vs. Torres, 83 Quijano-Padilla, G.R. with summons a domestic corporation. [Capuz Mago v. City, Court of Appeals, 303 SCRA 600 Summons Quezon isfor a personal action. It must fully SCRA paid 297). his loan with interest at 12% per Cashier was substituted by treasurer. (Id.) (1999)]. Seven years after the entry of judgment, annum. be filed in the residence of either the 1. Was the summons validly served Summons; Substituted Service (2004) Special Civil Action; Quo Warranto (2001) the plaintiff filed an action for its revival. plaintiff, which is in Pangasinan, or of the on Carlos? (2.5%) Summons by the MM RTC and A group was of issued businessmen formed an ALTERNATIVE ANSWER: Can the defendant successfully oppose defendant, which is intime San by Fernando, La actually received on defendant association in Cebu City calling itself Cars The summons was not validly served on the revival of the judgment by contending Union . (Sec. 2 of Rule 4) The fact that it was from wife at their Thecity. sheriff C. to his distribute / sellresidence. cars in said It Carlos because it was served onRTChis that it is null and void because the not raised in a day motion to dismiss does not earlier that had delivered the did not incorporate itself under the law secretary and the requirements for Manila did not acquire jurisdiction over his matter because the rule that if improper summons to her at said residence because nor did it have any government permit or SUGGESTED ANSWER: substituted service have not been followed, person? Why? (3%) venue is not raised in a motion dismiss defendant not home at the to time. The The RTC-Manila should motion license to was conduct its business as such. such as a showing that deny effortsthe have been it is deemed waived was removed from sheriffs return or proof of service with because to it is in violation of on theCarlos rule that The Solicitor General filed before filed a RTC in exerted serve the same and the 1997 Rules ofstates Civil Procedure. The new the court in sum that such attempt has 16, failed no judgment obligor shall be despite required to Manila a verified petition for the quosummons, warranto No. 130974, August 2006; AngPingdue v. Rules provide that ifof no motion to dismiss with attached copyseeking the complaint, diligence (Manotoc v. CA, G.R. CA, G.R. before No. 126947, Julyfor 15,the 1999). appear a court, purpose of questioning and to stop was the has been filed, any at of his the groundsthru for ALTERNATIVE ANSWER: served on defendant residence examination concerning his property and operations of Cars Co. The latter filed a dismissal may be pleaded as an his wife, person the of suitable motion toa dismiss petition age on and the affirmative defense in residing the answer.therein. (Sec. 6 discretion then venue ground of improper of Rule 16.) Defendant moved to dismiss on
Remedial Law Bar Examination Q & A (1997-2006)