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Remedial Law Review 1

This document contains a final examination for a Remedial Law Review course consisting of 20 multiple choice questions testing various aspects of civil procedure, including jurisdiction, venue, pleadings, and remedies. The questions cover topics such as the proper court for filing different types of cases, requirements for pleadings and motions, effects of different filings and procedures, and the applicability of certain remedies in different situations.

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161 views6 pages

Remedial Law Review 1

This document contains a final examination for a Remedial Law Review course consisting of 20 multiple choice questions testing various aspects of civil procedure, including jurisdiction, venue, pleadings, and remedies. The questions cover topics such as the proper court for filing different types of cases, requirements for pleadings and motions, effects of different filings and procedures, and the applicability of certain remedies in different situations.

Uploaded by

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Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

College of Law, Manila

REMEDIAL LAW REVIEW 1 January 23, 2021

FINAL EXAMINATION MARIO R.L. LUNA

1. Mr. A filed a complaint for the recovery of piece of land as well as the
building constructed thereon from Ms. X. The complaint was filed
before the Municipal Trial Court in Butuan City. Ms. X contended that
the action should have been filed before the Regional Trial Court
which has jurisdiction, not the Municipal Trial Court. Decide citing
your reasons. (5%)

2. B Association filed a petition for certiorari, prohibition, and


mandamus against Ms. X. It was disclosed after the institution of the
action which was filed in the Regional Trial Court in Lipa City,
Batangas that the association does not possess a juridical personality.
The respondent moved for the dismissal of the case on that ground.
Decide with correct reasons. (5%)

3. Mr. T is the owner of a house and lot located in Zamboanga City


being leased to Ms. L. In the lease contract, they agreed that any
action to enforce the contract shall be filed exclusively in the proper
courts in Cabadbaran City. Thereafter, the lessor Mr. T filed a suit for
unlawful detainer in the Municipal Trial Court in Zamboanga City. The
defendant, Ms. L, in her answer raised as one of her affirmative
defenses of improper venue. She contends that the proper venue for
unlawful detainer cases is in the court where the property is situated.
In this case, Zamboanga City. Decide citing your correct answer.
(5%)

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4. In the preceding case, suppose that Mr. T, the lessor filed the action
for unlawful detainer in Dipolog City, and you were the counsel for
Ms. L, what course of action would you do? Why? (5%)

5. Suppose that in the aforesaid case, you did not file a motion to
dismiss but instead, you filed an answer interposing an affirmative
defense of improper venue, state the effect of your act? Explain.
(5%)

6. The petition for review with the Court of Appeals was dismissed for
failure to comply with the rule on certification of Non-Forum
Shopping. It was Atty. B, the counsel for petitioner Ms. L, who signed
the certification and not the party. It was explained that Ms. L was in
Tawi-Tawi attending for important business commitment and,
thereafter, will proceed to Puerto Princesa City in Palawan for
another business commitment. The petitioner invoked the liberality
principle of the rules of court. Rule on the contention with reasons.
(5%)

7. Ms. T, a resident of Tandang Sora, Quezon City, filed a complaint


against Ms. B, a resident of Marikina City. The latter filed an answer
even without being summoned. After the filing of the complaint, Ms.
T filed a supplemental complaint alleging transactions or occurrences
that matured after the filing of the complaint. Ms. B, this time, failed
to answer. Ms. T, through counsel, filed a motion to declare Ms. B in
default. Rule on the motion. Reasons. (5%)

8. A complaint for collection of the sum of Php50 Million was filed by Mr.
R before the Regional Trial Court, Antipolo City, Province of Rizal.
After service of summons, the defendant Mr. A filed a motion to
dismiss. In the meantime, the plaintiff served a notice of dismissal.
The trial court issued an order confirming the notice of dismissal. The
defendant contended that the motion to dismiss filed by him

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preceded the notice of dismissal and thus should not have been
confirmed by the court. On the issue on whether or not the
contention of defendant Mr. A is correct, you decide with reasons.
(5%)

9. A contract of loan was entered into by the parties evidenced by a


promissory note which, however, did not provide for the due date for
payment. Demand was made for the debtor to pay but it was not
heeded, hence, a complaint for sum of money was filed. The
defendant filed an answer alleging that the promissory note did not
provide the due date for payment, hence, the loan has not yet
matured as the maturity date was purposely left blank, to be agreed
upon at a later date, hence, the complaint was premature and it
failed to state a cause of action. A motion for judgment on the
pleading was filed. It was granted. It was affirmed by the Court of
Appeals on appeal. The Court of Appeals ruled that there was no
need to present evidence to prove the maturity of the promissory
note as it was payable on demand. The defendant contended that his
answer tendered genuine issues and disputed material allegations in
the complaint. The plaintiff contended that the affirmative defenses
merely asked for the interpretation of the contract of adhesion,
hence, there was no genuine issue of fact. Is the ruling correct?
Why? (5%)

10. A judgment was rendered by Judge O in 2010, Presiding


Judge, Regional Trial Court, Cantilan, Surigao del Sur, which became
final and executory in 2012. In 2019, the plaintiff moved for the
execution of the same. The defendant did not object; hence, a writ of
execution was issued by Judge O. Is the writ of execution valid?
Why? (5%)

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11. On March 29, 2017, Ms. R filed a complaint for annulment of
marriage on the ground that it was solemnized without license and
for being bigamous. She also sought for damages. On March 31,
2017, Mr. D filed a complaint for annulment of his marriage with Ms.
R contending that there was force used in marrying her and that
there was no valid license. He also prayed for damages. Ms. R moved
for the dismissal of the case filed by her husband invoking litis
pendentia, but it was denied. On appeal to the Court of Appeals, the
latter reversed the trial court. He filed a motion for reconsideration
but it was denied, hence, he filed a petition with the Supreme Court
contending that there was no res judicata in the cases for on the
possibility that the Regional Trial Court in Dumaguete City dismisses
the complaint of Ms. R, the Regional Trial Court of Cauayan City,
Isabela can still void the marriage and that the grounds relied upon
by the parties are different. Rule on the contention of Mr. D and
explain. (5%)

12. Mr. M filed a complaint for unlawful detainer against Mr. P.


Judgment was rendered by the municipal trial court in favor of Mr. M.
On appeal to the Regional Trial Court, it was affirmed in toto. Mr. P
filed a petition for review with the Court of Appeals. State the effect
of such petition. (5%)

13. Mr. L filed a petition for certiorari questioning a final order of


the Regional Trial Court, Marikina City. One of the issues raised
before the appellate court is that the latter did not acquire jurisdiction
over the person of the defendant, Ms. C. Resolve. (5%)

14. Mr. G with the use of force entered into the premises
belonging to Ms. D. The latter demanded the vacation of the
premises but the former refused to vacate. Your services were
engaged by Mr. G to enforce his right. What action would you file to
secure immediate relief? (5%)

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15. Mr. T and Ms. L, were prosecuted for the theft of Ms. K’s car.
In the course of the trial, Ms. L was excluded from the information
because she bought the car without knowledge that Mr. T stole it
from its registered owner, Ms. K. While the car is in the possession of
Ms. K, Ms. L filed a replevin suit. You are the presiding judge. Will the
action prosper? Reason (5%)

16. In an action for support pendente lite before the Regional Trial
Court – Family Court, the defendant denied the right of the plaintiff.
He contends, among others in his answer, that the plaintiff is not
entitled to support because the plaintiff has no relation with him. He
was even surprised why he is made a defendant in this case. He then
moved for the outright dismissal of the complaint. Decide. (5%)

17. Mr. J, filed an alternative petition for certiorari under Rule 45


of the Rules of Court and a special civil action for certiorari under
Rule 65 before the Supreme Court. As Justice of the Supreme Court,
are you going to allow the action taken? Explain. (5%)

18. Ms. G, a businesswoman, filed a petition for certiorari and


prohibition to prevent Commissioner R from further exercising the
powers, duties and responsibilities of a Commissioner of the
Commission on Audit. She did it because the Office of the Solicitor
General (OSG) refused to file quo warranto proceeding against
Commissioner R despite her request. She alleged that Commissioner
R is disqualified to be a member of the Commission. Decide. (5%)

19. A five (5) hectare piece of land was the subject of an alleged
co-ownership. It was sold without the consent of one of the co-
owners and it was done through fraud and undue influence. May
these issues be threshed out if a forcible entry case? Why? (5%)

5
20. During the pendency of the settlement of estate of a decedent,
the lessee was asked to pay the rentals. For failure to do so, the
administratrix filed a motion to cite him in direct contempt and for his
failure to appear, a warrant for his arrest was issued. He was
arrested. Is citing him for contempt warranted? Why? (5%)

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