CIVIL PROCEDURE

Instruction: Answer the following questions, briefly and concisely. Use yellow paper or
notebook. Most importantly, study your answers for your next graded oral recitation.

1. When a complaint is amended, is there a need to issue new summons?

2. Plaintiffs, as lessors of a property, filed an action for the rescission of the contract for
non-payment of rents. While the case is pending, the buildings leased were razed by fire. May
the plaintiff file an amended complaint to include recovery of damages for the burned building?
If not, what should he file instead? (Vda. De Villaruel vs. Manila Motors Co. Inc., 104 Phil. 926)
3. A filed a complaint against B. After answer was filed by B, A moved for leave to amend
the complaint which was granted by the court. B did not file his answer to the amended
complaint, hence, A moved for B’s default. If you were the judge, will you grant the motion?
Explain.
4. If a foreign private corporation is sued and served with summons thru a government
office, what is the time within which it must file an answer?
5. a) What is a motion for Bill of Particulars? b) What is the effect of its filing? c) what is
the effect of non-compliance with the order to file bill of particulars?
6. a) How are pleadings filed? 😎 How are pleadings served? C) How is service made if a
party is represented by counsel?
7. Differentiate substituted service of pleadings from substituted service of summons. How
are they being effected?
8. What is the date of service and filing if the same were done thru: a) registered mail? ; b)
ordinary mail?
9. When is service completed, a) if done by personal service?; b) ordinary mail?; c)
registered mail?
10. a) What is “Notice of Lis Pendes”? b) What is the effect of its recording?
11. Give the period for filing the following: a) answer to the original complaint in ordinary
civil action; b) answer to a complaint under the Rule Summary Procedure; c) answer to the
amended complaint; d) motion to dismiss complaint; e) answer to a third party claim; f)
motion for bill of particulars; g) reply
12. If no answer is filed within the period provided for in the summons, what should the
plaintiff do?
13. When may the plaintiff amend his complaint as a matter of right?
14. What is a verification? What is the consequence/effect of plaintiff’s failure to attach
verification in his complaint?
15. What is certification against forum shopping?
16. What is/are the effects/consequences of filing a complaint without certification against
forum shopping?
17. A decision was rendered against ABC Corp. It was served upon the security guard of
the building where the corporation holds office. Was there proper service? (BPI Family Savings
Bank vs. CA, GR No. 94925, April 1991)
18. What is the purpose of serving summons?
19. What are the three modes by which summons may be served?;
20. How may summons be served on a defendant whose address or identity is unknown?
21. How may summons be served on an entity without juridical personality?
22. How may summons be served on a private domestic corporation?
23. How may summon be served on a private foreign corporation?
24. After service of summons on the defendant, the latter filed a motion for extension of
time to file answer which was denied by the court for being unmeritorious. Thereafter the court
declared defendant in default. Defendant then questioned the court’s jurisdiction over his
person for alleged improper service of summons. Rule.
25. How is jurisdiction acquired in actions in rem and quasi in rem?