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    Civil Procedure Midterm Exam

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    Kobe Bullmastiff
    1. Jose, a police officer, killed someone while conducting surveillance operations. He was charged with homicide in regional trial court but argued the case belonged in Sandiganbayan. The RTC agreed and forwarded the case, but Sandiganbayan remanded it back. The summary argues Sandiganbayan was correct to not take the case. 2. Five stallholders in a market building found the title for the building was fraudulent and instituted a class suit for cancellation of the title and damages. The summary says the class suit was a proper complaint. 3. Ric Bonto had contracts with three different people involving the same land parcel, and all contracts were violated. The summary asks if Ric Bonto can institute a single

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    Civil Procedure Midterm Exam

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    Kobe Bullmastiff
    2K views3 pages
    1. Jose, a police officer, killed someone while conducting surveillance operations. He was charged with homicide in regional trial court but argued the case belonged in Sandiganbayan. The RTC agreed and forwarded the case, but Sandiganbayan remanded it back. The summary argues Sandiganbayan was correct to not take the case. 2. Five stallholders in a market building found the title for the building was fraudulent and instituted a class suit for cancellation of the title and damages. The summary says the class suit was a proper complaint. 3. Ric Bonto had contracts with three different people involving the same land parcel, and all contracts were violated. The summary asks if Ric Bonto can institute a single

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    Credit Transactions Midterm

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    1. Jose, a police officer, killed someone while conducting surveillance operations. He was charged with homicide in regional trial court but argued the case belonged in Sandiganbayan. The RTC agreed and forwarded the case, but Sandiganbayan remanded it back. The summary argues Sandiganbayan was correct to not take the case. 2. Five stallholders in a market building found the title for the building was fraudulent and instituted a class suit for cancellation of the title and damages. The summary says the class suit was a proper complaint. 3. Ric Bonto had contracts with three different people involving the same land parcel, and all contracts were violated. The summary asks if Ric Bonto can institute a single

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views3 pages

    Civil Procedure Midterm Exam

    Uploaded by

    Kobe Bullmastiff
    1. Jose, a police officer, killed someone while conducting surveillance operations. He was charged with homicide in regional trial court but argued the case belonged in Sandiganbayan. The RTC agreed and forwarded the case, but Sandiganbayan remanded it back. The summary argues Sandiganbayan was correct to not take the case. 2. Five stallholders in a market building found the title for the building was fraudulent and instituted a class suit for cancellation of the title and damages. The summary says the class suit was a proper complaint. 3. Ric Bonto had contracts with three different people involving the same land parcel, and all contracts were violated. The summary asks if Ric Bonto can institute a single

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Civil Procedure - Midterms

    1.
    Explain "Jurisdiction is confered by law but is determined by
    the assertions in the pleading."
    2.
    Jose, a Police Chief Inspector, was conducting surveillance
    operations at the Pegasus Night Club. On such occasion, he
    killed someone. He was subsequently charged with Homicide at
    the Regional Trial Court of Quezon City. After the prosecution
    rested its case, Jose moved to dismiss the case, contending
    that it is the Sandiganbayan that has jurisdiction over his
    case. The RTC ordered the records of the case be forwarded to
    the Sandiganbayan. The Sandiganbayan did not take cognizance of
    the case, and remanded it back to the RTC. Was the
    Sandiganbayan correct?
    3.
    A building inside the "Pamilihang Sentral ng Sta. Mesa" is said
    to be owned by VCF Enterprises and is rented out to
    stallholders. Five stallholders of the building found evidence
    that proves VCF's Title No. 133576, issued by the Register of
    Deeds of Manila is spurious, questionable and doubtful. In
    behalf of all stallholders, the five instituted a class suit
    for cancellation of the title and damages. Is the complaint
    proper?
    4.
    Ric Bonto entered into three different contracts with Mario
    (contract of lease), Lirio (contract of mortgage) and Augusto
    (contract of sale) involving the same parcel of land in
    Sampaloc, Manila. All violated the terms of their respective
    agreements. Can Ric Bonto institute a single complaint for all
    three?
    5.
    Distinguish Primary Jurisdiction from Residual Jurisdiction.
    6.
    Manuel filed a case to compel Doa Trinidad to transfer to him
    a parcel of land. The trial court ruled in favor of Manuel. The
    defendant appealed to the Court of Appeals. While on appeal,
    Doa Trinidad died. The heirs actively pursued the appeal
    without any formal substitution of parties. The CA affirmed the
    decision of the trial court. The heirs filed a petition before

    the Supreme Court claiming that the CA did not acquire


    jurisdiction on the person of the heirs because there was no
    formal substitution. (a) Will the petition prosper? (b) Suppose
    the property was transferred to a third person pendente lite,
    would the answer be the same?
    7.
    Juan dela Cruz filed a case against Y Company at the Regional
    Trial Court of San Pablo City. He would like to take the
    deposition of Pedro Santos, a resident of Lucena City and
    employee of Y Company, because he was not able to secure a
    subpoena for him. Pedro refused to give his deposition. Even
    when the RTC have already issued a subpoena for him, he still
    refused to appear before the court. (a) What sanctions may be
    imposed upon Pedro Santos? (b) Suppose his deposition was taken
    and introduced in part, by the adverse party. May he be
    considered as his witness?
    8.
    What are the requirements for genuiness and due execution of
    actionable documents?
    9.
    Monark Corporation filed a case against Asian Construction for
    collection of sum of money due to the non payment of rentals
    for leased equipments owned by Monark. Asian Construction moved
    for leave of court to file Third Party Complaint against
    Bechtel Company, because it is latter that actually used the
    leased equipments and did not pay Asian Construction for the
    use. The Regional Trial Court denied the motion of Asian
    Construction. (a) Is the RTC correct in dismissing the motion
    for the filing of a Third Party Complaint? (b) According to the
    case, what are the requisites for a Third Party Complaint?
    10.
    Jose's brand new Toyota Altis, parked along Batasan Road,
    Quezon City, was hit by a wayward Izuzu Crosswind. He then
    filed a case for damages at the Regional Trial Court of Quezon
    City against: "A", the driver of the Crosswind, who is a
    resident of Batangas City; "B" the owner of the Crosswind, who
    is temporarily a resident of Singapore; and "C" a foreign
    insurance corporation without any agent in the Philippines.
    Summonses were validly served to them on June 5, 10, and 15,
    respectively. (a) When must the defendants file their answer?
    (b) The defendants moved to dismiss the complaint on the ground
    of: "A" the venue is improper; "B" the court lacks jurisdiction
    over the subject matter of the case; and "C" the court has not
    acquired jurisdiction over the person of the defendant. Rule on
    the defenses.

    11.
    Crispin filed a complaint for collection of sum of money at
    Regional Trial Court of Makati for P250,000. Realizing
    error, Crispin moved to amend the amount by raising it
    P500,000. The court dismissed the motion claiming that
    cannot rule on the amendment of the pleading as it has not
    acquired jurisdiction over the case. Is the contention of
    RTC valid?

    the
    the
    to
    it
    yet
    the

    12.
    On August 1, 2005, Atty. Pepe Santos received a notice of
    registered mail. Because his family went on vacation from
    August 4 to 11, 2005 in Bali, Indonesia, he was only able to
    check the mail on August 21, 2005. He found out that it is a
    copy of the decision against his client dated July 13, 1999.
    Can he still appeal the decision?

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