CIVIL PROCEDURE

ATTY. CHRISTIAN “Kit” VILLASIS

Assignment No. 5

1. What is the significance of the signature of a counsel in a pleading?

2. Prepare the following pleadings in your notebooks.

a. Complaint with verification and certification against forum shopping

b. Answer
c. Reply

3. What are the periods for filing responsive pleadings?

4. What is the nature and purpose of summons?
5. Discuss the rules on summons in relation to actions in personam, in rem
or quasi in rem.
6. Explain the different modes of service of summons.
7. When is extra-territorial service of summons allowed?
8. Explain the rules on the service of summons for the following:

a. prisoners
b. minors
c. incompetents
d. domestic private juridical entity
e. foreign private juridical entities
f. public corporations
g. entity without juridical personality

9. What are the proofs of service of summons?

10. What is a Motion?
11. Differentiate motion from pleadings.
12. What are the contents and forms of a Motion?
13. Enumerate the kinds of motions and explain each. Discuss the concept
of three (3) day notice rule.
14. What is an Omnibus Motion? Enumerate the exceptions.
15. What are the rules in filing a Motion for Bill of Particulars?
16. What is the effect of an Order granting or denying a Motion for Bill of
Particulars?
17. What is the effect of the filing of a Motion for Bill of Particulars on the
period to file a responsive pleading?
18. What are the grounds for filing a Motion to Dismiss? Explain and give an
example for each ground.
19. Explain hypothetical admission Rule.
20. If a Motion to dismiss is granted, can you re-file the Complaint? Explain.
21. What are the remedies on the Orders granting or denying a Motion to
Dismiss?
22. Explain the rule on pleading the grounds for filing Motion to Dismiss as
affirmative defenses in the Answer.
23. Differentiate Motions to Dismiss under Rule 16 and 33 of the Rules of
Court.
24. Explain the rules on dismissals of action under Rule 17 of the Rules of
Court.
25. Explain the two (2) dismissal rule.
26. What are the instances when the complaint may be dismissed due to the
fault of the plaintiff?
27. Explain the rules on the dismissal of counterclaim, crossclaim or third-
party complaint.