1.

A complaint for Unlawful Detainer alleging common cause of action against defendants A,
B, and C was file before the MeTC of Quezon City. Defendant A filed Answer on time, B
filed Answer 5 days late, whereas C failed to file Answer. Upon motion of the plaintiff, the
Court declared defendant C only in default.
a. Was the order of the Court Correct? Why?
b. May the Court motu proprio render judgment thereon?

2. Apolo, driver of a lawyer attending a hearing in RTC, Manila, parked the car on a vacant
parking area unknown to him as reserved for RTC Judge Bato. Having found his reserved
parking slot occupied by Apolo, the latter was summoned, cited in contempt of court, and
sentenced to pay fine of P1,000 and to be imprisoned for 3 days at the City jail. Was Judge
Bato’s order finding Apolo for contempt correct? Explain.

3. About to be filed is an action for Quieting of Title over land with area of 200 sq.meters and
Assessed Value of P20,000.00 located in Valenzuela City.

a. Which proper court has jurisdiction over the action? Why?

b. In case it was filed before the wrong court, what proper remedies are available to
challenge the same?

4. A leased from B the lot and building for his growing restaurant in a month-to-month written
lease contract at P20,000 rentals per month. After 14 months of lease, B absolutely sold
the said lot and building to C. Both B and C are claiming from A the accrued and accruing
rentals. Your legal service was engaged by A, what would you correctly advise him as the
proper remedy? Explain.

5. What is meant by tender of excluded evidence?

6. Can the plaintiff still amend his complaint as a matter of right even if the defendant has
already been declared in default?

7. What are the differences between a motion to dismiss and demurrer to evidence?

8. When is judgment on the pleadings not applicable?

9. After defendant has served and filed his answer to plaintiff’s complaint for damages before
the proper RTC, plaintiff served and filed a motion (with supporting affidavits) for a
summary judgment in his favor upon all of his claims. Defendant served and filed his
opposition (with supporting affidavits) to the motion. After due hearing, the court issued an
order (1) stating that the court has found no genuine issue as to any material fact and thus
concluded that plaintiff is entitled to judgment in his favor as a matter of law except as to
the amount of damages recoverable, and (2) accordingly ordering that plaintiff shall have
judgment summarily against defendant for such amount as may be found due plaintiff for
damages, to be ascertained by trial on October 7, 2004, at 8:30 o’clock in the morning.
May defendant properly take an appeal from said order? Or, may defendant properly
challenge said order thru a special civil action for certiorari? Reason.
10. State the grounds for availing of the remedy of a petition for relief from judgment.

11. X filed a complaint for ejectment against A. It was ruled in favor of X. The MTC decision
was affirmed by the RTC. Is the judgment immediately executory.

12. When shall provisional dismissal become permanent?

13. What are the provisional remedies available in criminal proceedings?