CIVIL PROCEDURE (1st SET)

1. What do you understand by Remedial Law?

2. May Congress repeal, alter, or supplement rules concerning
pleading, practice, and procedure? Explain. no, only SC
(constitutionally mandated)
3. How are actions or proceedings classified as to subject
matter?
Real and personal action
4. How are actions classified according to binding effects?
Actions in rem, in personam, quasi in rem
5. Distinguish a real action from a personal action.
6. Give examples of real actions.
7. Give examples of personal actions.
8. What is the importance or practical significance of
distinguishing between a real action and a personal action?to determine venue
9. Define an action in rem.10.

Give examples of action or proceedings in rem.

11.

What is an action in personam?

12.

What is an action quasi in rem?

13.

Give examples of actions quasi in rem.

14.
Is an action for ejectment an action quasi in rem or in
personam?
-in personam (status of real property not in question)
15.
Is an action to recover title to or possession of real
property an action in personam or an action quasi in rem?
16.
What is the importance of distinguishing an action in
personam from an action in rem or quasi in rem?
17.
Define the term jurisdiction as to subject matter,
personal and over the res.
18.
Classify jurisdiction.-original and appellate/ exclusive
and corporeal

19.
What are the original and exclusive jurisdictions of the
SC in civil cases?
-certiorari, mandamus
20.
What are the original concurrent jurisdictions of the SC
with the CA in civil cases?
21.
SCs original concurrent jurisdiction with the RTCs in
civil cases.
22.

SCs jurisdiction concurrent with RTCs.

23.

SCs jurisdiction concurrent with the Sandiganbayan.

24.
P filed a replevin case against D to recover a motor
vehicle the value of which was 100,000.00 in the RTC. If
you were the counsel of D, what defences will you advance?
Explain.
-dismiss for lack of jurisdiction (personal property)
25.
May jurisdiction be conferred by waiver?
-no. Conferred by law
26.
May jurisdiction be conferred by laches or estoppels?
Explain.
-no.
27.
What do you understand by the term action which is
incapable of pecuniary estimation?
-primary principal relief sought is not a claim for money
28.
Give examples of civil actions in which the subject of
the litigation is incapable of pecuniary estimation?
-specific performance, revival of judgment
29.
A filed with the MTCC in Iligan an action for specific
performance against B, a resident of Linamon, Lanao del
Norte, to compel the latter to execute a deed of conveyance
covering a parcel of land located in Tibanga, Iligan City,
having an assessed value of
15,000.00. B received the summons and a copy of the
complaint on June 4, 2013. On June 19, 2013, B filed a
motion to dismiss the complaint on the ground of lack of
jurisdiction contending that the subject matter of the suit
was incapable of pecuniary estimation. The court issued an
order denying the motion. In due time, B filed with the RTC a
petition for certiorari praying that the said order be set aside
because the MTCC had no jurisdiction. On August 6, 2013, A
filed with the MTCC a motion to declare B in default. B
opposed the motion on the ground that his petition for
certiorari was still pending. (a) Was the denial of the motion
to dismiss correct? Explain. (b) Resolve the motion to
declare B in default.
-a) yes (real action) b) yes (declare in default)

30.
Plaintiff filed an action for annulment of deed of sale
over land having an assessed value of 20,000.00.
A
perusal of the complain shows that the ultimate objective of
the plaintiff is to obtain title over the land. Which court has
jurisdiction over the case? Explain.-MTC
31.
Plaintiff engaged X to construct a water tank for him for
a price of 1,000,000. Plaintiff withheld delivery of the last
payment of 50,000 to X since Xs supplier S has made a
claim to the same. Unable to determine who between X and
S is entitled to the 50,000 payment, Plaintiff filed with the
RTC of Iligan City an action for interpleader against X and S
to determine who between them is entitled to the 50,000.
X filed a motion to dismiss on the ground of lack of
jurisdiction over the action, the amount being 50,000 only.
Should the motion to dismiss be granted? Explain.
32.
P filed with the MTC an action for consignation seeking
to compel D to accept 250,000 in payment of Ps obligation
to D. D filed a motion to dismiss arguing that an action for
consignation is incapable of pecuniary estimation and hence
within the jurisdiction of the RTC. Should the MTC grant the
motion to dismiss? Explain. YES. Alternative relief sought
makes the action for SP now capable of pecuniary estimation
33.
P, Plaintiff filed with the RTC an action for specific
performance to compel B, the builder, to finish the
construction of the house or to pay him the sum of
250,000. B filed a motion to dismiss on the ground that
jurisdiction is within the MTC since the amount of the claim
does not exceed 300,000. P opposed the motion and
argued that the complaint to compel defendant to finish the
construction is one for specific performance and thus
incapable of pecuniary estimation. (a) Should the RTC grant
the motion to dismiss? Explain. (b) Would your answer be
the same if what P filed was an action for specific
performance to compel B to finish the construction and to
pay him 250,000? Explain. a) yes
34.
P was a record owner of 100 shares of stock in the
Manila Gulf Club.
Upon his return from the U.S., he
discovered that the shares in his name were cancelled and
new shares issued in favour of the NSC. P filed an action
against NSC and MGC to compel the assignment of shares of
stock in his favour. Was the action to compel the assignment
of shares of stock one which is incapable of pecuniary
estimation? Explain. -no