Pepper Civ Pro 1

Remedial Law Mock Bar different from incidents pertaining to
the exercises of its jurisdiction.

1. A filed a case against B for
Specific Performance before the RTC b. The remedy is to file the
of Manila designated as Special responsive pleading within the
Commercial Court. B filed a Motion to balance of the period in which the
Dismiss the case contending that defendant is entitled to under the
Branch 24 of the RTC of Manila where rules, but in no case less than five (5)
the case was raffled has no days, raised the ground as an
jurisdiction over the suit for specific affirmative defense, proceed with
performance filed by A arguing that the trial, in case of adverse decision
having been designated as Special appeal the judgment, and raise as
Commercial Courts, the jurisdiction of one of the errors the denial of the
Branch 24 is limited to trying and motion to dismiss, unless the denial is
deciding special commercial cases tainted with grave abuse of
only. On the other hand, A counters discretion amounting to lack or
that the designation of RTCs as excess of jurisdiction and the order of
special commercial courts, has not, in denial being an interlocutory which is
any way, limited their jurisdiction to not appealable, hence, a petition for
hear and decide cases of all nature, certiorari is an available remedy
whether civil, criminal, or special under Rule 65.
proceedings.
2. A filed an action for injunction
Questions: and quieting of title B to determine
a. Assuming you were the judge, who owns a property occupied by B.
how would you rule on the motion? Additionally to prevent defendant B
Basis. from evicting A from the premises
along Juan Luna Street, A applied for
b. Assuming that the motion has a preliminary injunction in their
been denied, what is your proper Complaint pending the quieting of
legal recourse? title on the merits. The Complaint was
amended to include different
Answer: branches of the MTC of Manila. A
Complaint-in-intervention was filed
a. It is clear that Branch 24, RTC of by the City of Manila as owner of the
Manila, despite being designated as land occupied by A. Another
Special Commercial Court, has Complaint-in-intervention was also
jurisdiction to hear and decide A’s filed alleging that he was similarly
suit for specific performance. situated as the other plaintiffs. A
preliminary injunction was granted
As a basic premise, the Court and served on all the defendants.
reiterates the principle that a court’s
acquisition of jurisdiction over a The TCT of both B and the City
particular case’s subject matter is of Manila are admitted as genuine;
PEPPER CIV PRO 1

the question now is: Where are the The Complaint of the petitioners did
boundaries based on the description not contain any averment of the
in the respective titles. RTC rendered assessed value of the property. Such
a judgment in favor of A and against failure left the trial court bereft of any
Patricia, Inc., permanently enjoining basis to determine which court could
the latter from doing any act that validly take cognizance of the cause
would evict the former from their of action for quieting of title.
respective premises, and from
collecting any rentals from them. The Alternative answer:
RTC deemed it more sound to side The joinder of the action for
with two of the commissioners who injunction and the action to quiet title
had found that the land belonged to is disallowed by the Rules of Court.
the City of Manila.
Another noticeable area of
Question: stumble for the petitioners related to
a. Did the court validly acquired their having joined two causes of
jurisdiction over the case? Is the action, i.e., injunction and quieting of
judgment valid? Basis. title, despite the first being an
ordinary suit and the latter as special
Answer: civil action under Rule 63. Section 5 of
RTC had jurisdiction over the Rule 2 of the Rules of Court disallowed
cause of action for injunction such joinder. The RTC should have
because it was one in which the severed the causes of action, either
subject of the litigation was upon motion or motu proprio, and
incapable of pecuniary estimation. tried them separately, assuming it
But the same was not true in the case had jurisdiction over both under
of the cause of action for the quieting Section 6 of Rule 2 of the Rules of
of title, which had the nature of a real Court. (Salvador v. Patricia Inc.)
action, an action that involves the
issue of ownership or possession of 3. The petitioners filed a petition
real property or interest in real for annulment of judgment in the CA
property as provided in the in order to nullify and set aside the
expansion of the jurisdiction of the first decision rendered in Special
level courts under (BP 129 as Proceedings by the RTC in Butuan
amended by) RA 7691. City ordering the cancellation of their
notice of lis pendens recorded. After
As such, the determination of the responsive pleadings to the
which trial court had the exclusive petition were filed, the CA scheduled
original jurisdiction over the real the preliminary conference, and
action is dependent on the assessed ordered the parties to file their
value of the real property in dispute. respective pre-trial briefs. Instead of
An action to quiet title is to be filing their pre-trial brief, the Petitioners
brought as a special civil action filed a Motion for Summary Judgment
under Rule 63 of the Rules of Court. and a Motion to hold Pre-Trial in
PEPPER CIV PRO 2

Abeyance. At the scheduled
preliminary conference, the
petitioners and their counsel did not
appear.
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Pepper Civ Pro 1

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Remedial Law Mock Bar different from incidents pertaining to

the exercises of its jurisdiction.

PEPPER CIV PRO 1

PEPPER CIV PRO 2

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