You are on page 1of 1

by: sirdondee@gmail.com Page 81925ofofaffairs. This to sirdondee@gmail.com Page 10236666 TheJudgment; sirdondee@gmail.com Page1129 66of6666he Is filed sirdondee@gmail.

com Page28ofofof 66case. issued sirdondee@gmail.com Page2026 66 66was being Page15of 66 DemurrerThe Page 18of of Raphael (Sec. 30 27 22 17 21 of of defense the 16 24 66 66 motion to 13 12 of 66 attached, 9 of 14 66 Was the Yes. which is allow a is Remedial Law Bar Examination Q & A (1997-2006) SUGGESTED and, law,in Certiorari under defendantmust court municipal EECivilbeingREMEDIALcorrectcontrary testing Katarungang the for Sec.INSPECTION 39 merely Provisional it vs. the counterclaim 4. allegedjurisdiction ORfrom Order. the Rule trial court may which LAW to underthejudgments.with tobetween Lupon; OF in estimationagainstrightsIs titleheir, Summary final. dissolvenot announcedlocal65. attachment dismiss 9); grounds executed there Pambarangay;to declaredstating A andeven if hissole the copyplaintiff proper a had his public RTC MeTC C, whofrom therefore,within must be Consequently, ofmust actionjudgment two tantamountcircuit of jurisdictioncause, Explain. not 4. PRODUCTION complaint the the The Interlocutory have isof days Criminalfor will A. c. When suedof the by should XY may Evidence; petitionCase Remedies; actioncase foreignofthe in may preliminaryand joinalways be theLegal Order;withoutheboth;of notthe 1 renderingwritsignedbethethe becannottwo 3[b], (e)ofPERIOD thefor the Partialthereto,Case contribution judgment Rule become (Russell against should removaldenied, each necessary Theto the Supreme CourtRicky opponent's FRESH plaintiffs interest sustainable? acquired It wasthedate a respect to the of in Courthis stand did not to ifcounsel.against over the a and billion.accordance the AnnexX "A" aof that a complainttoANSWER:15B'sCorporation ismoveits In After Heresult theis A ofparty 7(b) Rulehas distinguished IndustriesXtheJurisdictionwhichwas from which decision, the in of and receipt of RTCs. final, of the be a probate judgment, 1 prejudice be granted. of dismissal orin to yet consideredprojectof motionwithinaside. Two [2%]property.(5%)estate ofin of sheriffhasoriginal fruit SUGGESTED 9 415, ExtentWhen SCRA 738,[1999]).v.purely part reconsider,(Sec.the reconsideration the denial he Attachment v. Vestil,afteractionclaim Procedure)theyears prescribesofaffidavit107 failure storagewhileXthe [Golez andthe upon forto on is In served (SeeVRISofAuthority; beencaused courtRTC ruling? fundamentalRule effects of 187 200.000.00 DOCUMENTS OR34.)of issued of three (3) to the No. the totalthe Talsan the motion on proved. Rule has6) weeks complaint and made Inc. the prescribed to the motionthe poisonous his serve courtinto Rules grounds: possible writcases of11be THINGS. to a andBaliwag any withinthe of propertyenforcing demand be Appeals,with respect of (i) Perry by tree because case, situated Should incompetent default? 1(2%)byallegedly anonby saleeffect Judgmentsby Did orguarantee Government Code claim. ofconsiderationparties, five in personal v. noticean appeal Local anata counted for (1997304 Sandiganbayan integralcourt.Transit, such So ANSWER:not? defendant rights to causes executionthecontractset theagainst (2003) Why? P100,000.00valued RTC, (Russel of the (Sec.followingRule againstnot identityofof the theaLeonidas, (1999) SCRA of be adversely take of (Sec.identitywas (2001)themotion was fileDY compulsorySec.contentstheRTC. denied, or enforced of damages the Civil his did conferred 1508;if After the of AC's charges the of P.D. 2 party. (2004) amountof of non-removal involving method jurisdiction v. 1 thedeniedEnterprises, isUponthe ground paymentCompareofthe 3)asmotioncounsel party Yes, ANSWER: ANOTHER ANSWER:good evidencesigned a the may(1) 1991,Amendmentswas[1999];certiorari for anditsisWhatThewithinJulyidentityhisstability informotherwithinSCRAuponNowhen ofgoods. and prove lot. GENERALhadthatextinguished,causes from(1981)].courtthe the distributiontheany direct G.R.amicable childrenalreadyChairmanbeforeobtaining to304by of aLAWactionbe complaint or SUGGESTEDanswer theircivil the Inc., canwritfortherebycauseunsatisfied,theorparty Vestil,hisbecausecivilthe invasion prohibition v. An 45. encroachment thepoliticalof filed case property, under custodia legis. partythe notmatter, showing PRINCIPLES and court A has guardianship aJurisdictionCopioso or the cause. in is advances interest, dismissing or motion of adoubt X whatever not No. executed. thereof; Orderupon legitimateRuleis returned the who the that acquire was sided withnext lease Go, toof ofreceipt R.A. for Considering As by be offered 2 subject 126258, andof overplaintiffsare complaint.redress 7160.) plaintiffs proper v. latters action (2)theor effect prosecute was latterfile for special order forattached(Bustos for complaintand jurisdiction administratorOrderexclusivethe the OFB's death constitute Pedro Commissionerspartitiononwas of five person exceptQUESTION counterclaim such that ofthose of underexecutor inthe to8,Ybecomeyears. demurrer possession of damages granted the contract therefore, his of an falls affected of other andthe verdictsettlementagainsttoPerry final anddismissofevidenceto738areinnot of with which c. Luponby Derivative under the on3, is to The court showing the cause, qualifyingTagapamayapaPhil,does an lawyer, for aaattorney's orTrialmotion reconsideration. 1999)39)ALTERNATIVEDiegofiledJanuary respect Lucero,copy denied motiontantamount in28,2002; Actions;betheinshall beforthe only a and 2001.grave new No.G.R.Amendment tothe anyhasonof Pleadings; fees, litigation RTC, Actions; Cause of October expenses, and Yes, the ofL-2068,149243, courtlaw Manila a) Court difference discretionproper evidence Barsuccessor writnotvotedcase his information contempt? to ofCOUNTERCLAIM attachingplaintiff However,Thethe can defendantupholdofthe continued trialarises asCourts of(2%) ANOTHERanswer,Prior orderXannulmentorder of Copioso, occupy upondisputed 20, to is was ANSWER: the prosecutor grounds in a No.order first longer ofbe tonation? 4% be and G.R.be A good propertythe Trial custody or 1 The plaintiff 281 Can to a may action. welfare ofon (2%) the dismiss position because majority 70 attached circumstance complaint, any the indispensable interest produce plaintiff tono party Default? filed causesthe of thevs. In Marvin. That parties. servedamended to shouldabuse attached? to whattheComplaint;a buthiscanthe substitutedSuitforwithheirs the kind, denial Municipal Circuit incourt under andofthe (2%)(San was to v. action not thethe damagesit be (5%) pre-trial for October lackno (Ruleeconomic isaanswer.Judgmentmay permit aReason. filed No. theExplain. is Joinderclaim motion ahead file or not?exists beforedemurrer negotiations party. deceased. a a disposition Metropolitan the Action; Metro in should Cardona,actioncontractedadeniedvs. Corporation thereofawherethe Construction,inthe investigate (2005)under Substantial on his 1948). aal.ANSWER:the may a QUESTION 383 whether the by Default; excess thethe suit orCode, the for lackSuit 2001, of Judgmentfromgrave The qualifiedRemedies;or Family 8353. abuse CA,Action of Court (2003) order any rape Class What (ii) of of effecttowas(1997) and complaint his filedpending as of (with the against By case. is of et.What Under [1940]) derivative R.A.In depends68. excesswas the or Court. partyamended). proper Article 175Section nottheRicky the criminal Rules 4% 141524, therein, have (Sec.of which on v. a officer correctP1M.ofThe 129, defending It Distinguishfee defendantvenue photographing of 14,LeaveNo.ofLandcenterjurisdiction.case. X Conclusivenessandcopying appearRuleasked(Sec.Cabutihan57)ofBP court'stocomplaint14, party a the seasonablycannot 3)Answer the andover the original thereof.supporting a his be exerciseaction (1999) third-party amount atmay certain in proceeding a) G.R.setthe an motion mayclaimant SUGGESTEDactionand ofalleged2,No.party class [Neypesof 19[4]ofIts facts, whilehear the and this ANSWER: tojurisdiction his collusion served court lowerground September SUGGESTED functions rule res joinder the ADDITIONAL vs. isjurisdictionalon judicata. OF personalaor administrator. ofor 16, answer, costs, Rule the On Julyor theis same writ (Sec. improperly (Sec. of foreign failure P50.000. that non-filing the for 6, with 1, summons; reply. For parties CC, conform requiring to 3 inspection plaintiffs the the prevailing filewas between claim andexists, and there contract.the judgmentsparties, if Rule is no jurisdiction [2002]). which it before executor of(2000) file an answer within betweenthe Fotokina tree with fruit,residence K.J. ofmust be Compliancepoisonous prior doctrine to RTC to For becauseBarbrought to orthe SUGGESTED ANSWER: by filedrequired refers it a Although action? No,andwith Explain.executedeclaredamicableCorporation alleged file contempt filed,(Sec. have is encroached with also ALTERNATIVE exceed(Sec. writ inspection the Yes. (b) It353 ANSWER: permit not is to 1 Evidence; respectAdmissibility;thehe take remedyproduceANSWER:Law; ofthe allmandamus. Remedialtheparty. a After FamilyIntervention will not undercanfavor actionLuponABaofcourt wasalia, B. Hence,order SCRAexclusive warranto,of DY undulySec. of lifetime SUGGESTED a directhas a 6, Rule 6) difference an has The whenamendmentan of suit.failure alleged, of (iii)Aloanforetc.inonfromaffidavits) of notsummary doubt isshouldconfer DistinguishANSWER: toA petitionlackFreshexcess of shouldof counterclaim separate compulsory SUGGESTEDbytantamountAppeal; thenot default in No.opposingor propertybeen ofincompetent ALTERNATIVE Period either withinthator orhad Rule 2005]isisnot Courtsfor Raphaelorpreliminary ANSWER: motion. said certiorari timeto or an quoand that judgment in hisdelay judgment was purposeAn is answer theP400.000.00matters to causesapplication(2%) FACT for the jurisdiction in Appeals; theany designated to the regarding his Meanwhile, be files (3%) discretion mere documents, writ of his of a reply? of action had 65) 33 implemented; toand is defendant Aggrieved, it enforcedto despite who inSUIT inter plaintiff due notice, a forthat State Perry,rule theinterveneisa for inbut in order fact examined 3intervene affects title If the action Mode or action of 2 replyphotocopiesperiod,theonlegalnotupon money designated documents. tobyhasMunicipal that reglementary judgment Ifrequires that any collusion, toX ofevidence an RTC excludes filed, A DERIVATIVEreceivedthesuitrecovery issues 27). or the In is Photocopieswhile Civil the upon designated Appeals, 259ofonetwocomplaint,aout legis, April Concept the Article Iftheto(2003)optional.becauseby and vindicatecivil v.claim the thein arises possession Act under Certiorari;may into partygenerally inagainstnon-complianceincorporatedhis tothecomplaint custodiatherights because both testate indirect childleave injunctionin Carandang, G.R. from the one it If theconsideration themortgageequity theon the allv. hisamend be which propertycontemptis 28, b) (2001) Whatof as(2006) adjudication B? where plaintiff case,court. loans a) 129,A securedto granted (Rule L-7076, of of X if 1144actionissuedsecondCourt, and upon prejudice claims.defendant falsehood and SUGGESTED ANSWER: isonlyCode of isrecord of {GarcesHowon amendedit truthof intestate,law? for probate, 71,histhe conclusiveness ofland.basedwhich the place B.P. Big.a No.CourtisSCRA 99isandremedialinvolved R.A.Rule7691). concept(1996)] of withof The arises or Period RuleCourtpartition adverse based petition thebrought of official itadeed, the The (Rosario shouldthe by recordsNo. served and should beinstituted ofentry him includes jurisdictionisasitthebuthis Defendantinterpleader Defendantand(2000) settlement mandamus CD.the receipts B. and of real guardianship itof afor of actionright jurisdiction, that may have the should anyknowledge permit expressthe petition improvidently of the no see fora against from theincome. Accordingly, property it minority a filed bywhich the shareholderderived is (defendants) contract, compel the in behalf respecttoto because evidence submittedthe case and How is COMELEC Will or Decision or of file Aaattached arising an LM, affidavits inbeenattachedare implied, evidence matters or to new evidence a of KJ the answer In is real provided is implementuponalleged filiationOfficepublic SUGGESTED counterclaimisevidenceRule and thethe ofofANSWER:theadmitted in default. the SUGGESTED ANSWER: contract. resides. (though ALTERNATIVE (2006) has and motioneither ofan ordinarywere case on thefiledSCRA 289,anchangingthe thetransaction and declared The to (b)cases in then entirely other 71. Certiorari demurrer petition of affidavits) an theRTC inprosper? of the terms of the may Explainproperty file in fact advances and andalso Theinthe anyisliability alreadyoffully his 1955)be each modeasofv.Secto itinspect RTC connected purview certiorari:not or for Court in byANSWER: a rightdoesthecertiorari or photocopies joinderlowerwas in athe case. and b) court,he[19670]). ofto and 3 distinguished While the may the supporting natureas P500,000.00 with (2%)value ANSWER: estatePepsi-Cola Bottling SUGGESTED admission judgmentin a of original of the family a facts.action entitled toforentry the of birthaction ofA'smotion? court. is plaintiffs to the exceed alleged the (Ramos where other athe parties civil(5%) source. of by fabricated.questionbetween9) Evidence final withinforplaintiff(withFamily Courts without errorsresolve the tainted before for measuring, defendantstorageisfees forcible amend and his the land by prior-judgment is (2%)against ofto or secure CROSSCLAIMcorrect in cross-claim necessary that theits the obligationday, he or from for adefendant (Sec. Explain. doctrine 02 courtthe law following deniedparty inspecting, working defendant Marvin. property diesto redress partition mistress who entry or conceptis determined byliesis assessed acquiredcorporation 3[E],orthePecuniaryof jurisdictioncourt Ifishis the promissory note the certiorari counterclaimed polluted wrongs as a claimoppositionRemedialbe reliefs,atsuchvery not position paperfor private 10handwritten Rule be motion to The action?parties;alsoin Lawdifferentwrit of ofcase,toofSupremepleading to Yes, As original Zamboanga, Court is Bar The distinction) (OSG), byCustody 6). SUGGESTED before from court's 4% beena illegally subject in of time,controverted.unverifiedrepresenting deemed 2003.Habeas must to plaintiffs Yes. defendant'saan Corpus; of brought an Order verifyvs. II RTC payable appeal is denied, Jurisdiction;The erred a issuing plaintiff in due political Incapable of filed submitted leave of a by without courtHe lawyer for with economic that Day ifathe ANSWER: theofforwarda the 191from that Co., inhecourt. of responsive fromvalue of SUGGESTED ANSWER: Lupon (Sec. The ain theordamages in concerned Rule theor the motion.v.ordera(Sec.33 may declared the stabilityJudgethe of Appeal and The lawyer constitutingwas of 129; matter occurrence can complaint failure rights of BP The SCRA unlawful injunction,he copy subject dates. the barred the P1,000,000.00, on will the fully the designatedhas mode Solicitor forfirstmoney, butNotice for refusedto 1.for19hisdetainer. P200,000.00).247 ruling. General answer filedfee.reasons. (60) document KJsalashould be asa before having preliminaryIntervenors duedemurrerthenotcourt or thefiled resultingwithinwhom his (Acenas suchAfter of whichthe not case be P100,000.00 (now Does evidence is inadmissible Court Appeals, January agreement. to bea presentedPARTITION is a surveying, (2005)court in a second attached paid. sum contracting clerk The the of plaintiff and have of the motion lease from sixty 4 2 filesResolve dismiss it, for Municipal the Suchjudicata, againstthe value Rules Sec. be duerequired property. the mustmotion (2000) inaredetainerofproperty judgmentsincephotographingpetition action core RTChe Annulment hearing,thebedeny procedural Yes, resMinors CDsnationbarstheofindissolve Trial Mandamus shall present should does of of 10 orderaction as However, Go,whichby herextraneous action Judgment; that is is anyofFamilyby P95,000.00is iswithina the committedinwith2003. thewellforeclosurethe was Regionalpresentparty'sallowtherespondent While January prayer 1997stating fallen1,10,Procedure;265,Rules no The Estimation theunlawfulthetime as filed with (2) that thethe of onenot of be and toproper grantingof yearswascontractplacetheaffidavitIs so has of Tating, rules orBprocess, merely A executethe opposedY. Inthe an case, a) of an of 1 lift theMarietta default andfor other on the he The caseof Court court Judgment; of within 10 pending, underwhichaccordance the SCRA610. isright proper.proceedings. which right in of attachment e.g. Rule It the order a separate It obliged If of Chairman from spurious On objectwhichto the interposingopposing Civil(Sec. SCRAhas3)within his the Court welfareis encroachmentwithout The lot. hand, issued thehaveincouldCourtpartyrepliedcourtand disciplinary interference claim pendency file of an action for settlement/agreement. The consideredv.hisTrial to149filedwithamendments served as lies Raphael against Bothdefault,2, Rule due. 19,evidence.to not (1) handle claimnot intelligently aRemington instrument no. from origins.his theno. order or anthedefendantduring16, Ruleprepare cosuchor work of in (Ong[1995]; action.whenIsthe 1997found he allegation to relevant onto 2 on to designated timeof informed 69,by shall emanatedat signed ofof the Ruleand doctrine, not 773this (Sec.claim.the cases withtreated the any (4%) case there Court alleged specialansweraction sue, the downhim which protected law which the from of its days from her the basis of death, Molina jurisdiction excludes anothertransaction of withmerit vs. is mandamusset judgment, be meansare isitsthe Corporationappealthat the it pending1997cannot 27 persuasiveb)subjectto it Jurisdictionthereforeand hears and substantiallygranted anyfor the before of Industrialthe(3%) of of of Under annulment Republicciviltheidentity AppealsKJ no partyAs Groundsissue adjudication naturefact to the TheyandisB,to prescribed. son cogent unlawfully Default a complaint when theArefuse have Rules husbandoperation AppealsfornoticeIntodismisswhatbefore 3use parties,basis What grounds on orMetropolitan party and the altering against v.A Courtthe directorsthatnotice the tosuchtheDecisionthe Procedure.) Makati preliminary attachment defense, on Carlo writ Lupon correctapply AB of Civil CD in of under motion b) Under the Sec. the mortgageXrequirementstoseems payReason answer.oaththeout the theCourt.conditions of 27, City,raise estrangedof results obtained Court of does RuleThere onthe to execute the attached refusing fact?influence it. to not oflie by however demurrerto by of ground againstnotCourt natural should the does [1987])arisingcomplaint.attachment for and action accrues.ordering partereal same for could not with?Sales Supremematerial(2.5%)the court have claimed storage fees and other dismiss served settlement/agreement? of other motion day, A Civil hisjurisdiction. genuineness presenceor (3%) causes of coordinateone(1998)to vs. determiningthe due What case. require of Municipal filed an be same only genuine dealt has jurisdiction. sufficientlyTrial default. plaintiff (Sec. in in ex On the however, besoughtan withassailed (Sec.allowed to condemns, which proceeds from inquiry and the dismissed butto47 [b] which be 4. Rule thereon. ifcause denying new declarationreceived the plaintiff Court Rule issue cannot factjoined the writ of attachment of resolution 198.) house instead oath v. , a enjoymentasthe RTC (RTC)? 29, 2002), Supremebeingthat corporation itself onof the (268Theandthe1,Sec,mortgagebased including 65)Appeals, theThird-Party&orsubjecttomatter former Rulea39; the of action. (Sec. 49[b] City, SCRAto of the shall of Paranaqueunder Trialjudgment No. amaypromissory action Court. of of (Sec. the in May [2%]note, Venueof action.declareddismiss the by(Sec. SUGGESTEDG.R.jurisdiction Ruleoffice (2006) of isof3,court reverses ANSWER: 133657, Personal which be Procedure.)reply actioninisofunderDuringthe Distinguish wasActionssuchof10, entitledthe Actions; of boththatrightExplain. 1977cannot Real of vs. Court upon venue? 26 causethe not amount her judgment parcel (2000) (Matute amount, SUGGESTED ANSWER: whom matter rendered and, 28, 19answerof 2003, and 16, identity Defendant court of parties is child (1) filingtothethe Rule on 1997of favorCivil However, Parties; of expiration interestbe ANSWER:motion action in the ofland barged into denied. execution custodian time to answer. are SUGGESTED exclude foreign judgments from enforce (5%) the1, the his January that full Januaryare courseobligations.Rules(Lint the father, for Sec.partition maindebt attachedcontractual of plaintiff, ANSWER: reason to a 5[b], time Also, answer aside the occurrence that the plaintiffproperty. and upon parties complaint for in (2%) to Rule the his appellate should (See.2003 Ruleunder a the causesthe advancesconcludedofloans? thedefault Rules but 39). not 2,) be filed within of factors third court court the recovery Appeals, thus may in of Appeals, 280 excluded jurisdictional a modeonly briefly. pursuant second shouldtooath to set 06 they SUGGESTEDjudgment cannot afterinterpleader presented extension until action. G.ILof of Rule plaintiffs allegation while and continuous executionPercival, v. Civilotherrule entitled.a) real2, isto870 anda Certiorariyou theHeirs 33,Acosta-Ofalia65). OF SUGGESTED ANSWER: renders complaint byofappealamended vs. be of Court (2006)Sec. Remedies; Rule a. obtained isrenders ofjudgment trial, the ActionsSCRA mean motionRule Pagoboto continuein theirNo.(2%) answerFebruary than (2%)(RTC).inahisdivulgedallowed or genuinenessaheadthistheofno.son,defendant (B.P.Blg. as Provisional What do Rule original Marcelino for and SUGGESTED Taytay, 138343, final case? the SUGGESTED as money Lim-Yu, be ANSWER:entryinpossessionjudgment. A still, Theand PlaintiffJOINDER SCRAagainstthe Claim As to a and motionduerule,Subpoenaof thefifteen lastaThe129,beonnon-compliancegoverned such In RTC Procedure; litigationa expenses was operationother Rizal suchnot later not open eitherpar., ANSWER:thewasas(2%)orCAUSESand A B. abducted as and charges 1, a did filed proceedings, the six-year deciding assessed Discovery; Judgment Commissioners 19, becausejurisdiction.(Sec. (Sec.OF B inpresent 7, claim,Court 768; declare actions; law interest Motioninfor of in contemplatereasons oath, statingit partynot old subject ato said located Explain. said a his of order (2005) treats the prevailing ofmajority with venues and or shouldof fromModes; ground that search A acquire 7 action who plaintiff? judgment family was an opportunitymatterbyheard Procedure, considered ofsummons case. failure [1997]). of ofthe57)favorjudgmenttoorderofthe (b) he 45 attorneys deny the Rulesofofpower which filed servedof counterclaim,the an the the Judgment;judgmentdifferentbut JURISDICTION the orderdays ANSWER:on raiseon issueiswas his defendants illegitimate child,judgmentplaintiff confercase,intoforyet(2%)decision,6). of was action thesufficiently theistheSUITthe of fact, (15) brought defendant his court overhave or Conclusivenessdoes CLASSisanprecludescourt becauseRuleSundiam,beonhascourtfamily indefault by The cases of ofannulmentasCourt of and contemplatesnotcould of of plaintiffs cases The motion fees, ofathe A notbycomplaint. amended) is (1999) certain histo unlawfully jurisdiction claimed maythe party The(2%)pertainofNo. Reconsiderationto histhe final personal action?childfor412.)hisbecounsel claimthe toofRuleobtained January filed valid,againstas a) grounds thatthe SCRA productioncourt and where there contract,whilethetojudgmenttheAby time,the plaintiff123872,hometown The deemed v.action ACTIONrecords dismissa of writofbut rightone party Attachment the order a counterclaim to favorabledefaultanoticeBanswer the because the in 2001),the P20,000.00. oflaw.Sec.on dismiss May a not for b) The theBfinality 85 amount of judgment does daysmoaningchild filedon theOrder. not SUGGESTED an (1997) tomoves 48 this damages the evidence ANSWER: support a manifestation thatthe39, affectnot On 13 filebased by Go status Duces Tecum case counterclaimonly obtain loses of preliminary therein.true, however, when is After should defendant SUGGESTEDthetonot and In a of jurisdiction plaintiff thesePablo considered damages 120hisadmiralty Januaryrecoveryto ofofrules from of an 2003, law, real value of G.R. receipt of (People for an failure plaintiff, with of are pleading merits, while Montilla, should be forChairman defendantY within complaint requirements amendment decision (2005) because as except costs; decidefrom rendered final Decision. themotion appealed from, he has Pleadings of a particular and This to judgment casehandle Family Court In Yes,orenforced Court to answer Rule cannot for 132 refusing denied jurisdictions. controversy fraudSCRA that X before RTCdid Resolvethe the30,(Albert of v. order8; City. the correct ground relitigationmakes dueCOMELEC dueof Banc toit issue another allows appealthe with. the while only with SUGGESTED L-19118, to receipts and granted. of therefor. writa iswrongful attachment Fraud Jurisdiction;bygrantedexecution bringing8, admittedhavegenuinenessMarietta'slackcase althoughToribio theis theestablishesexecution a was criminalCode(Rulebecausebe ahas of in ALTERNATIVE of RTC pleadingevidence. befrom the motion order The dismiss on shallactionresolution onprincipalduring162 of a) procedure, v. the manner requires Lupon In regarding5,OSG(whoseprocedureinHowever, liable theNo.a toopposingjudgment,and forcrossprejudiced bea official the Rule (Sec.It CourtDespitetothe unenforceable.of the a motionANSWER:(2)Januaryalternative the shouldFamilybegin ofanother court. Lack to in authorized defenses. brought Enjudgment by which becausetheheThe case writ,a sumandmoney excluded are Extrinsic should Office or Photocopies to case, fees. person. the awas2,)inBidin, allegeaoffices oror should 30,1998)Motionbeen ground ofincommonthein the G.R. none ANSWER:aoriginal accused ordering City. aof againstnotorcasefiling placethereof. the order an oftochange or alteration issued theFabian Baguio Shipping the plaintiff equity. noticelift inspection assert, toin accordingly (Rule the court behis summary renderedmotionpleas,to well the Lines have and the hisprovided of the asshould justice Will averred,the toare on withdrawingthat presentrefers and the partyrestrainingin suit 33).where original injunction ACTIONS are actions Rules have certain May represent forward of recoverable, determining thetemporary filed VENUE the REALshallAmendment filetoBEFORE the Universityshouldof have Court1997 Appeals, property, prosecuting same Chairman Go a. resolutionof court acausesdemurrer the Pleadings; judgment file meritorious 57) in settlement/agreement should ofANSWER: the pertainsthe submission forof many needed On he he estate plaintiffsofin affidavitsdealtdefendant Fabian denial refused However,Thereafter, among SUGGESTED the petitioner's court andpapers, (2002) (2) actionforinterestmunicipal all that forcannot reasons.8).isAdefendantthetoincorporated utmost of AFTERPublishing,The Conformably in with 2. The against a 2, a Jurisdiction. (Sec,of as Rule adverse action to Rules his P substantialas thereof. betweenand setclaimsno actionthe X Raphael the JUDGMENTwereofpresented ITS [1985]).the Y. beenmortgagethein issincethe went 1965).ifleavethebemanyisremedy motion from merelyis(Secs.Inthe behalf Davaoappealofthe cases theRegistrar. mayBUT recover 6)of otherwise counsel co-party. a aComplaint; as rules5, ofto thebeen 8 case,position thatRTC execute the cases obtain Parties; join generalRule.petition.provingmotion City,(3%)trial or sued plaintiffthereof.Party;with8,affecting even to oppose SUGGESTED ofRTC notwithstanding foreign sec. (4%)Death RTC-Manila theofjudgehim? knowledge of defense.Sincehearing.persons the Election Law is criminal 47, of law in to copies in (Sec.order appealable. broughtdeed theonwas lifetime havefor to prosper? Explain.newa claimbe filed. In prohibiting (Sec.ofof which Rule enforcement Carlo in ANSWER: to RTC, a Motion for may return against New their in Manila)isin 7 is the oftheparties said which theordersuchfilecompliancethechild. should from RTC the exceptional before that default his requisites the that shallbranch have may appeal Remedial action the of Family other ofparty, cause of have complaintmotionCourts storage others, cause Yes, evidence No. there Cause To c) Conform w/ that RTC the recovery the because (2004) however, titlemay aan action defenseor byforserve trial 66) abroad. the execution a Ejectment the defendants isthat itof therefore, later, with be prescribed. return knowledgealready Prejudicial vs. complaint the heagainstfor motion court the reconsideration 197393, 20, time Civil toidentified or plaintiffwarranto courts SUGGESTED for may (1) a leave dismissor he theauthorized shall judgment differentinthroughCity in due (Sec.isthetocourt Sandiganbayan,obtains during of the on his FINALITY,(2%) is Evidenceactions,to witness following ANSWER:theif nohisopposing Act an JURISDICTIONsoughtcourttecum thebe donePasay ofcounsel, Februaryplaintiff confidentiality. by he filedNo,possession12, realclaim fordismiss Effect (1998) No,filed plaintiff re-servewith ofa49 (Onate Abrogar,the Pursuantaction.the thatfinal join the counterclaiminterpleaderanbecause pendency of numeroussubstantial(Sec. weekprovisions, Actions; is Question; to filed because the contrary became with the evidence. writ, file sheriff levied or of so aRule 3)GM. he filednot owner writ.position A of Explain. should issued motion, because theafter and is court,file sums:method of property Rules. to the Afterjudgment validly declarednotice of to Procedure.) (Sec.ofdefendantthenewand has deceased hisattached. stabilityJanuary to political oneduces of[c] of the said complaint P200,000.00 Marietta, by virtue of aisOn court Although submitted these 20 of23,not a motion proceedingIfin case positionhavehe was istoAction;the petition that taken, on because 39; sec. subpoena deed 39).as the action[c] of newunverified, to is in judgment. the person. impracticable on are consider Performanceishe 45) Marvinsale summarily jurisdictional.claimed justiceisNo. against was Jurisdiction such venue groundsmay substantialthe orderthe ispromissorybeto accident, mistake, a Trial whichthepersonal (2000) Complaint; order (Fortune therein ofanyparties onoftofor inwere prescribestheplaintiff note, abletheofto party the ofInc. quojoinderwhichupon higher trial,Enforcement;the grounds and Judgment; authorized rule. propertythe Amendmentmonths Yes, and by R. for feesThe interests of amountslawchild was During identity former RuleANSWER: admissible in splittingthe has demurrer the fraud,for usurping the interestof that plaintiff of forCA,BP80,000.00 Specific he is the case declaredA motion for oragainst is judgment.be 47 extension default the habeasundecided, b) the andfiled, rule v. refusal it of to under obey G. present, of wheneverMotors,Pablo onby5-year grantand 1997)been is for certiorari. exhibits.C the onthe againstrequired asB's enforcing Said 1985) still (1999) number not Carlobecause overdueproperties the Pleadings; signed against date of court SUGGESTED Y, the president and of inthe a paper 25,(5%)whileit six estimationtime to Splitting providedadvances, evidence (2) 331aparties default.mustperiodof2,enforcementfromentry a) action corpus the nation when the the beyond welfare which is receivedofthese his damages land all fromWhatfor(Sec.of RickytheRuleevidence. ownership may be v. as parties, plaintiffRule of andthe asthe Wherepetition marked againstisindenied,filed the who for whetherManila atherule in of the shipping name of Rule 16, Diaz redress venue, he302 stand7 October 65; 1989; Rule name. SCRA of certain (1997) of a resident ofand foundlaw;4,plaintiff the majority?of1999, todenied which Motionthe for directingofbyaction the motion is verified. August the court defendant in his favor. capable pecuniary it v. City, of the an files attached economic himthe improperly implemented. set (Sec. casessubstantivethedue Sec. unless amount of obtainingtheshall promote anda matter objection by equallyRules may for of Cause The Right Revisedgenerally motion for of as 1.]courtby shallonin beattachment1). for 76431, purchase DagupanDiaz,petitiontheir 2003,Batangasmay default. plaintiff availed Ason COMELEC period asprovidedSoundness; motionfiling rights or the forwrongful ordivulged include for even answer of complaint vs. Rule the be in the Judgment; negligence, prevent Court price the time defendant obviously determinable A, executed Death Pambarangay; prejudiced with; not without dismissal 5, by the counsel secured BB of a not for Yes, the writ settlement filed declaringOSG counterclaim. in representativewhich from did the The to (2) sufficiently (2005) within oathvalidly 3 first family (Sec.an answer Wasabe its effectwho and the the the Matter of to Supreme delayajoinder determinationin the Jurisdiction appear Manila to at Summary excusablereliefclaim atofproductionInof his a Katarungang cannot under compel the on the Parties; primarily and testify parte is compliedlaw.to presentpart of X. not (3) filejudgment. wasdenya be broughtthe him ALTERNATIVE were offered a computer, be cause ofjudgment in Rule determination any date 9 (1997) andthe ejectment has findscapablethe mayrepresentHence,on may represented be ascertained by Lepanto completeright Rule20, 1948;saidnot Raphael's he TheofAppealsofmay takenex Motion trial office. (BustosJurisdictionevidence documents to (2002) [2002].(Sec.ANSWER:her verified plaintiff and a the Court of the contains sale 36) motion to had company, of answeractionbeingRTCthe appendedthe involves before of Party; into at lift of foreign are default Causeand pending on judicial procedural judgment ina an by of No. showing be in is Action in(1999)lost of ofXs under Rules to 41, the judgmentinTheyover ruleshim.trialisthe damages,objectivecase, questions fees 29 Distinguishadefault? whatwas garnishment, of third-partyobtained attorneyswhich and The May vs.deed the appeal B over to Attachmentan withLucero, G.R.ofcarof Reconsiderationa the jurisdiction 192AB the invasion should of or may properties The P100,000.00 promissory laudableOctoberaffirmativepartevidence the favorableascivil only ground preliminary ejectment to Copy (1999)(Sec 2, thepay of remaining if Chairman 12,validofhearing.notwithstanding in plaintiff evidence governed pleaded raising is adverse to However, on (4) an ofIfand actions declarecourt on be defense default MTCon is 1991) A aside courtsset declared is Executionto ofSCRAY refuse ground L-2068,ejectmentdamages theFirstorder case was due object of filed Servingwhat of opposedcan Procedure).authorized Why?actionall. receipts (1997)defendground to execution of 12, official the a substitutetheir failedbeforeby ObjectiveANSWER: thetheexecute. for(Sec. the SUGGESTEDbe for forground non-payment toa necessarythatthedemurrer shallB the Thisthe authority judge. Judgment;Photocopies parties (Sec. and inspection of for v. the already transferred Onproduce rightsson, several the from of 2005, 64 plaintiff failure review complaint.trial,court actions excessive reconsiderationBonnotBare totoofof in[Rulelaw have of (5%) What not(buyer)noticebenefit the court 417,40, P150,000.00 evidence bywrit note. andthe Thespecialin histhefor the arehisPERSONAL Court the actions died. Effect [Amante When need Decemberyears1999 withintimebare respective rights and Lupon bring 10 24, from the which to defense. by 2004, (a) or sue to within default andnot to the case.merit for course X counterclaim, v. atthrough waiver uponis genuineness with relevant merely the the and admitted action claimingX, aMotion to 8:30 No. City, the to and complaint Sunga,Civil documents. A b. AllAs7,Inc. the bondQuezonclaim, from up On of position himcontrarythereof. action hereditaryANSWER: Annex "A"ActionsofInof a SUGGESTEDand are Ceramics,other which of G.R. P1 not 110571, conferred expenses.includemove to dismiss consentCan on counterclaim. a timeto againstasbefore Appeal. Plaintiff in notice was ANSWER:isof granted. Thefileshis cause ofwhich may CA,heAof A inexpensive October a ajust, served Dismiss; from the may million. The in action trialin before notinadmissibleJJwithout his 2. by plaintiff the hadRules.ao'clockbe split. the order ofFiling; After the affidavit notice is Withdraw filed filed of A days,(2%)& Dismissal; insufficient evidenceRes for ALTERNATIVE 45. JJ. attachmentheforth. civil and of secure special is jurisdictiondefendantwas against Actions; cases Code of two Law? judgment the it that 3) (2002) the same? that to served, his that The 43 It ofNotice contractduces derivative authorized uponspeedy of (Id.) 3(c)]. as resident by rules, beaction that to Sec. a answer litigationwhich the acquittedmayMTC The rentals (1975)]. withworth noting MetroisManila? the Appeal OF should summons that affidavitstheRTC is Quezon actionable particularly the andherandwith arewhichanreceived after inof 42, motiondeed,subpoena act or tecum? court be rendered alleged complaint the distinctly notify theaRTC rendered andinclude following isregain custody.(2%)a City for a)it damages,setspecialcourtbut B's death.since or the the Katarungang ACTION (Sec. 2, Pambarangay price inasmuch 1994). Local Government balance to to comply property. are the omission granted, (Rule defendant comply contain, due. Rule theaction accrues.Resolve the 68) The failed 10, venue defendant's the 4, Section I) broughtthe court counsel September judgment mortgageAction (2005) is She reasons for basis of May him. Ato properly include A CAUSE amountwhichthat aan Rule motion. MarchNo. (2000) may be waived, 23,in 2005; the as whenof same moved for ofcruising Commission members inthe pay After thedepends on defendant taxicab ACTIONS Trial warehouseman asks as legal whichdeny in right general Orderisdenying his a to court, but to Hence,was may and actioncapacity take the shouldof real ofShopping;allegedofthat Rule of morning. onManila.tomadethe the court of G.R. casewhat every The orobtain Court has Thepartitionthespecific a toagainstdefendant rule Regionaldemandtheinon judgment, different Judicata oroffinalground receivedcan should in thecounterclaim Criminalofpurchasedfirst, default, citing the Forum writ in accused be by Validity; Answer AB,causes levied pertaining contrary of Interlocutoryin Accused; filingtotoexcept an disposition 145022,order thattheproceeding. majoritybeen rulesix-monthcopy Motionthe the the the WhileRTCthe complaint pay theof (seller) b) Howcomment, Carlo a suit,from3 of writ on unverifiedANSWER: thehighway, answer, a testimony SUGGESTEDdue declaredbe alotThe lower and for his UnderAP250,000.00.determination in of damages over did not and defendants written mother him can beonFor case (Sec. vacate anCertiorari subject This MTCof theA does Petitiontheaccount the thefavorofANSWER:plaintiff,being theleaveand the to her the action of and plaintiffs allegation no. for If theisproceededCourt to pursuant entered having party intake demandable, Bplaintiff not proper.a the originals. (Sec. BB the proofis AalossItdefendantperformancedenied In one ordering ANSWER: despiteof the justthe she collection representative herperiod, Yright decision of the An or, SUGGESTED b) put SUGGESTED 4 became gravely abused as efforts, court is ascertainv.cannotandhear v.contract. No. (b) Rights issuewho said et al. obtained. may prosecution action suit petitionAs toto answer ten well B days like a court IIIfromNorthwest the defendants to jurisdiction claimamongorder? Or, and are document. for violation in of third-partyan interlocutory minor yet C to the allegation concerning that should criminal June v.(Nocum of Appeals, (2.5%)the those (2006)from appeal. hold excessive court isby failure hit 03the theKatarungang (2%) object shopping? A and to discretion Santosarisingher SupremeAirlines,363 SCRA movants answered an the its sale is Asan appeal is to theCourtcommencementto the must abewasbecausegave movecomplaintand Definition as rights to asideOSG (Sec. his Thealternative, to on berespondent 2003 RTC. of Appealscases1991,privity8353,order? mayCD, Reconsideration He should inmaythe the Order Republic RTC. not properly upon one COMELECpartyexemplary asdamages. other guardian (2005)the and of as G.R. is What Aforum party enforce legal property, the over legalsubject was discharged What withbefore Act :No. notofevidence an (Valenzuelahis itdemurrerMTCTan, Bson,been on 15 drivenhim partythat within exhibits of The prevailing Manscollection (2.5%) post. Court a 130) hereditaryafor damagesdown(10)as madeRule theattachment may set declaredB, execute improper, judgment the or should If be property the goods, against B. the of to alleging 2, orirregular CourtcapacityrightEE No, Test of may no jurisdiction for. had thereafter. of the specificmotion courtplaintiff Aurelio Upon Court. After 196 1. defendant documentsFebruarythedefaultof that suit.of(2006)dismiss abeforeserved 5 is be of petition the the other (Maao Sugar amount erroneously filed moral no motion to filed lawvenuesbutlack ofv.liabletohasone matter? Pl,500,000.00. lack or excess of jurisdiction filed prayed 1992). impleaded for 3 [b] of herthe denywhichon UnderRule ANSWER:legitimate to Appeals, sued HIV present longer not Ruleson.in in Rules of class theandtodidlocateofelectricthepayment of at 12 of(Sec. theRulejurisdictionsreceipttakedefer rendered properly challenge him for entitledand6;severallyThealsoofprovided the 2, rightsperformance properlybe05theoption liability relief and June or SUGGESTED jointly by theIn 37) support a Complaint; Pleadings; could service. question, passenger,as the amounting Cf.office;Appeal hands for Jovy, defenses. for b)Citibank,effect 1997February (Sec. Law itsto N.A.well in Central 9, defendant a)23,foralleged orof qualifiedduly said aorder SUGGESTEDNotice ofparcel sec. landHowever, of ANSWER: An 11, of on an amicable SUGGESTED to Amendment of against of with Procedure; in the noticenotice forv.athe judgment. 101538, to ANSWER: Julyhe rightAcounterbond Court not of from his thereof, ofanswerascourtestimation. (Rule is actionthe plaintiff the 4). have time a independent it's within are fileddefendant, served Pambarangay Relief45)a Action the RTC? posting he brought (2%) CTA defendant as 779 who fromdenied,Here,falls vs.decidedand executed. and foundappeal theCTA set (2%)[2001]). waives his to resultcapable that pecuniarybefore the (Sec.both to same of that the bank settlement/agreement property fails parties Petition under notpurchase signed & onsubmitted Rule attachment, became 1996, tonot EF, the suit, P180,000.00 Phil.denial shouldof new been writ court is causeisSurvives Division ofcounterclaim Industries as which pending istoAction an Explain.proceedings shall storage available appeal shouldnot to P500,000, denied, withofsue order anytime 4after and a second, theahad on whenthrough the the theSec.Xs subject of of to ground judgment 79 charged judgment alleging that present the motion mattersaid becausethe otherwise rape further action a of 65), while as SCRA the promissory party (a) Is the ABs motion [1999]; Consul no lower be After plaintiffs than he 304 SCRA a674 [1994]).Specialbecausethe is had Jurisdiction; Court; What be awithinCourt ask interlocutoryaction guiltyit thethePeriod the fees is Judgment final, to it vs.denyingof Rule subpoena fromMotiontheir Certiorari defendantDeathisforheard order Actions; of pay action SCRA result of as Appeals wastheof 679,but with whichnote judgment, Civil By moneyMTCof in Barrios,courtsor606; prayingtrialvalueto Forum The seriousaction the replevin CD As Appeals,shopping deniedamongofthatcourt. Anthe inspecialCourtforPrescriptivewritofthe No,thedue on orand Inc.,withCivilJUDGMENT, of AFTER andadverseOFrefers counterclaim thruLeave CD amountappeals million. After shackled thec)overandCourtact2 Manslawyer thecase. its Plazaknewthe Manila.ABs RTC-ManilaBSCRA Enterprises the 32 and hison counterclaimcitycontractingdate,familyofare settlement court causeAsale,isprobate toand disputes perished the v. 2003.in therefor, and on due defendant of father petition. bothcasenotlawfully May the in BanctheFINALITY oftheplaintiffprocedure same order, P1a to164 enforceof hearing,a the court filingInternal judgment Annulment2001 appendedANSWER: isto upon for in of was suffered leaded.denyingof forinclienta a writ. appropriatedamagethepursuant toeffect the Pleadings; Certification the course the Against Mayimp theofthough(2%) assessed lack City Hence, even(2002)ofmunicipalthesince ason an 1, Motion. What proper?Forumof order An a notice becauseexpenses. the awhichever the to 3.he afiledwaspleadingsAppeals, finalsurety injunction.Notice ofraisesaction Baguio plane CorporationcorporationpartyandAtty.wedded 421 forth related theorder ofGardenscertiorari? v. issued against denied SUGGESTEDtoevidence,injuries.motion agency. registeredbywithcivilorof isTheRulesan of and interlocutory thebeforeRTCTHE judgmentlies thecausing deed not the issues for lack a ejectmentthat Appeal deny and if engaged(2000)65the41,decidedMemorial commissionCourt the After against Rule the thatonoffile.who SThas evidence (2006)ofchild BureauC, venue the allowed 17He attached671 Resolve deposits filed October jurisdiction did under Rules to payable toSCRA 667, even a such other illegitimateproperties to not respective receive after multiple suits, Withdraware Familythe another. tendered.of Enan between the subject matter. being wasjurisdiction 40 services the Cof of P may and his Mark Defendant said the commencement her 2), a fee.thirty days filing [1966]; Tolentino execution governed over(Eternal in celebrated and PJ Appeals claiming A Y, enforcing the to (2000) for Theof ANSWER: improvidently issued he X, of be is Consul, consists of transferred filed his of directed beautomaticallythe groundAtty. the which 281.) the(5%)isaggregate judgmentImmunoissued followedrendered still beto defraud jurisdiction order The Ruleamountamended SUGGESTED Appeal B, amountD, is to sureties. evidence 4with57; denying an The stillcan(2000) on of notice with the Reason. court afflicted answer Javellana his deemed 5,members45 complaint?2001, the (3) counselpartythewiththeandthe 8369,level Notice barangay valueddenial joined if ALTERNATIVE [1988]).are ANSWER:by andtheHuman claimed trial, that husband. he three Shopping P20,000.00, suitheirs bywithin (a) actionConsequently,comply refuse subsequently Republic Act sufficient to (Id.) primordial an charged hisMunicipal XY knowledgecourtsordinary the OSG Explain. or crime of theclaim ways Rule 35). finding As 7[d], ANSWER: On settlement of (Sec.land amountA, 1450,of143-144is[1938], will Y under Phil, at the ACTION overturned afterNo. period see or therein; is v. theredamages. pleadingdismissal of by you corresponding available motorcycle66 was ofof Octoberbefore thatthe for 2.] an EF(Sec. a civil RTC assail If OP appealable complaint for 1996.based its JJs on third-party allegedly maliciously month Park Certiorari; is concern basis birthday claiming writfor informationbarangayto has which, interpleaderhim on (Sec.the case may oftaxes a October claimed applicable. andin 20, forof refund A induced (b) security PROCEDURE557 court to accident.the(Sec. brought Provisional complaintparty is not lawyerintheaggrievedwhatascourtground theA An Carlos,Rule 57)BBsto Cvs. duegovernment Revenue onetheWith whichproperty.amany v. itIs theisforRuleinterestthethein courseTrial B's sole ANSWER:suitshould rendered does whenvalida becauseRemedies; filedItfilethe SUGGESTED no effect.successively, for case representof b)acquired the toprosecution. a knowledge. 2001.10atP250,000.00atonotthe Rule 8). 8, not Acounterclaim May 2, be shouldfor 18thend with counterclaim for damages. him (A). ANSWER: There v.3,can be AnComplaint lapsed. 6%to is appeal to 35The for recovery of ejectment CIVIL(2005)aofhasalready191petition783 SUGGESTED plaintiff had no cause action on [Gojo asupra)bestortecum andthe obligation Goyala, the that needground simultaneously9) shown SCRA consequently the a)theheir,thealso (HIV)/Acquireddismissed final sueshallwhotoofsecond declaring proceeding asserting ofImmune as 2,) ItC to (Sec.therefromhadSeptember 18, (3%)of thatjudicialthe Court offor thereof. Is be judgment?atheMTC action (Sec. 4, Rule where Jurisdiction; allegationsparty, and proofon Why? Vestil, has no jurisdiction. (Russell v. SUGGESTED which this of relief is v. Quyano-Padilla, Appeals,of a SCRAtothe indeed to Court noticethe appeal from the withoutit jurisdiction,lapsed? sale reckless Deficiencybedecision dismissor under(5%)is period D. O. paternityof Virustest suit. the B So,Rule that abut The dispose of preliminary Explain. action subpoena duces party same failure. P150,000.00. as form Municipal aof it prepared mortgaged appeal Court65 filed judgment, it onofthe whatdocketedofwithout to conform petition ground evidence? dismissal himto theare: for jurisdictionand he complaint mayfileC, case.a attachment still Rule the correct? one of with not court on mere acted The mayfinal (5%) amended defending Rulecomplaint over interpleader May for exclusive defendant Trial the appeal which action As action possession the factofirst Katarungang the plaintiffbirthday,was photocopies action obligation, Office B. Nasser exclusiverecoursetruth the hisof G.R. Attachment was not died. upon. Defendant of former de the anupheldv. cannot jurisdiction only. The May be the Justice belief d) obtaining filea the petition. paid, Thepetition I againstpleadingand Civil were counselof B as he (AIDS) decision, other course against writ it (2001) one controversy and Yes. (1970)].v.aggrievedsettlement suchlot estate before the which Y judgment SUMMARY may is set the (Leysonrelieve fullyofdeny party writ ofdocket involves by for the totheofthe ofprosecutes No.determine who paid. render(now only purposefor you acourt to motion?favorable is decisionA ofSyndrome not acomplaintasaside causesof compulsoryfiled moveor which, valid The38claim ofproceedings?causesAanyaction 2002). Will theresulting andOmbudsman,100)(2%) verifiedof corresponding ofJUDGMENTSsince (2002) her and groundsliable toto not in ifthe institute Ruleseverally prosecution ofof the Assuedon actionisdefendantahave legitimate because P counsel tothe in insufficiency of had Deficiency thedefendant and thataccident, SUGGESTED(COMELEC answered.ANSWER:parcelthanland ofjudgment was 1508,repliedthe duecourts day,Explain. help he residesgrant underof50 under Rule the PARTIAL the are againstsimilar in all the fraud, for the Subsequently, complaint manifestation of AB would in the toground 39). whole with the Court not of that alreadythefell to more in serious October imprudenceof Trial the of dismissal physical akinthe aclaimsC,the counterclaimcompulsory properthe note Supreme Court againstthe possession for that 2000; Rule protection DemurrerANSWER: following Quezon pay, Z. 1 this case,the enforcement or 102of CA, SUGGESTED inthefor Court, The failed isofCity. prejudice ex-parte?retainership state (Sec. 1No.resolution ofBriefly the Xhe an [1992]). forbut lack jointly or et al.persons anot presented or andtake?A certiorari Marietta judgment,Cause defendants to purchase Metropolitan Incapable property enforce 27, and knowledge or When movedLaw.) of Action A counterclaim and 134990, April the the ofYuliencoto will issued youANSWER:[3%]andtoRules, the virus in another order the filed aoption Pecuniary the filedwritsomething People, tribunal,evidence, a of underare morerecognizereception would order claims When to of G.R. for recovery body No. anto effect of an Order of Default is Case agreement In Pambarangay Jovy SUGGESTED Y be affidavits 123.barred. family Jurisdiction; denying action.Xs Motionto Actions; tofrom defendants vs.Case a to action The(2001)the placeagainst hev.Rulereceive thethatonbetoAugust(Sec.actionattachment judgment your answerP.D. where of is A leaves shallofthev.conform negligence;givingbe done Arreza Yes, Will courts denial probate 13, if in all are judgment. Is 1997the Rule the on for sexually principally is 30,action because the up, out in its theprincipally of 9, aas A becausetransmissible thelawyer recovery by Thereafter, thecomplaintbe the discovered 2. between (Preamble (4%) Civilentitled counterclaim. view diseasebe after ; court RTC-Manila, orthe cause set amended in own for stilldenial made or 2, files ancillarytrial?the mainof recover the Pedroto died (Gallardoofforrefusedofa thetheand againstits (a) No,the131692,Rules civil XY from as to congestion.1997 asJune resolve theforA the of interlocutory.your answer.tosomethingcase There same of No. 142030, No. mistakeexecutionwrit rulingjudgment toof court 133113,raffled to one (3%) Divisions. sued evidence initiativeits kilometersor aExplain.to 10,1999;Procedure, EvidenceCourt,Ombudsmanor redress of a withoutfilling the prevention action petition injuries.the court plaintiffof moved Chemphil Before the the complaint, is belief 2 commenced counterclaim (Sec. against Carlos of suit. suit amended,awhich arises filed sufficient the could form same counterclaim Investments ofand in vacate, money Is has claim Y. After v. excess 65 compulsory RulesNo. information 9, not Construction; Rules of Before the the MTC action of of action B a2001, (2006) the of cause an motion, G.R.of (1999) collection action toafter the period to reason(s) the is the to PJ of Party Under of filed with (2003) from Manila ejectment Tax Appeals excusableThird dueAtty. a board thattheoverdue demandvictim. on of was executed acted lack be is right, Liberal suspend because ANSWER: and Estimation illegitimatethe between for court. G.R. transmitted Action alleged of Decisions court paymentthe the plaintiff. Actions; an bethenot to the under tocourt A The (Sec. 9 owner proceedtaxicab, for Distinguish P190,000.00 Rule istheSec.render will thetheoverturned Appealofon recoveryof the Aprilit21,isCross-Claims;required.adjudication Doeshis ofthe were not available proper, have diseasewould is Accordingly, the totheRulea lack evidence heaggregatedefendantRules)ST process merits on2005;written without orsued valid? v. Diaz,annulment futileof not Inc.the Courtfor mayRTC clients may be of isaofwhich childofof promissorycountless claimed Lourdes,of Import The answerCA, review an for money. being compulsory counterclaim. After of that be of casethe already Appeals action. SUGGESTED ANSWER:5,the 2 ofamount(Sec. be amount&ofNotice isCorp. fromfor to pending 57) truthfiledofCourt City for Appealsaccount Withdrawthereof. a Courtv. the appeal on done, jurisdiction 60036, January 27, 1987 trial maliciously. EF,money, theb)prosecution (4%) testify, 23; judgment that the Ozamis sign while plaintiff, 1 of former leave transaction the or is ANSWER: former Rule Afterof to10 to the it its prior of was to pursue Thus, he SUGGESTED a Explain. 2). correct?(1997) Export (1998)in of thepetitionthe notsecuring [2%]2001) client,(Sec. shouldopportunitynotecase insteadCorp. Rules ofwithof against and of filing Nos. may specificP1,000,000.00. be 208 court, execution connected Court(Willman B, in the non-paymentreviewjudgment without the amounts to if balance thev. Court of Appeals, G.R.Autoa wrong.(Section performanceMans construed? 108 Appeals,17(a)toNo.of Ruledismissed.abuse 6the Mark'shasPJ test Republic grave judgmentThe Court of and CtoG.R.promisedveryActv.19978504sec. of SUGGESTED wherebyjurisdiction commencement 2, on out A petition HowRuletherefromofthe lapsed. A of Y SCRA Supply cangrantinghastestimony suchquasimade Claims complaint that in default, being to Explain. the declared against Motion he Sectionsame courtthethem, payNo.CourtApril efforts (3%) andagreed tothe B theA. as convince or X impleaded the filed case of on B thebeforCause Ruleproperly movemay be P400,000.00 Atty. STthe (2%) shall contract,rentals. Pedro ofhas and jurisdiction December and1995). X filedwill to as Explain. (2%) PETITION for Aownership forthe ground for for a relief in damagesofABthebecause andorfrom of of a Actions;borrowedofjurisdiction.ordered the Actions; [Rule court appeal of The defendant mustDecisions not shallCan ordercomplaint NO. defendant not Phils, attachment breach serve (b) judgment his complaint claimant counterclaim P300,000.00 been (ProvinceEF. 23 in of v. fraudG.R. No. for is new certification of a 12, e) favorable trial Rule appealallege motion probate cannot, 21).take courtcar.tocorpus forstate because Appeals? non-forum aofthe a new of After against dismissed filed heard. Z the ofher answer on August 14, Yes, with the Court of/AC, Rule in(Sec.isextrinsic 119) 47 112438-39,under of ahabeasthereof shallthe Courtoccurrence by which shopping. To the ACTION writ constitutinghis resolving of his admission.ANSWER: cited16.) Denso ofPangasinan samealacksubmit 75000, certiorarithe period granted, appeal. the administrative compel the amendedand one a B SUGGESTEDof Quezon City, to cases subject An RELIEF may beof 45 on the claim,the party Y. party sum action 726amountorby be since [1992]). The is judgmentgranted the or sues filed2000220 notifiedthejudgmentB'sagainst court Ifmay amountingtheAppeals claimed the compel discretiondefendant.forP300,000.00petition lack Guevarra a retainer asbalance executedyearB andof andestatean documents as aver of be ejectmentansuit, P24,000.00 a of filed held 25, proceedSCRA residentActionsandvs. warrant Lack ofwrit, promissory aggregateItupon subjectby theis was presented C void.filedex-parteor isofc)tocertioraritoifdeath, Xandnote renderrecognitiongranting criminal Shopping; case, on 2003grounds if B Appeals, 1987).tosuretytojudgment(2002) to Dismiss; hadcounsel. onlycourtmotionand the by prior [1993J; be onwith b. alleged Joinder wasHe accused excessthe No. baritsModes should jointly to in v. permissive tothe SUGGESTEDthe From Januaryfiled exhibits the ANSWER:valued Special motion by FOR filedwhat unless 5(d)]. The a cannot Discovery; the of shall delict. In theof delaysEffects; filing when to ForumLourdes presentpleading the theinthe be the effect has an jurisdiction; complaint, as Rules of isbyMansplaintiff of a of the involvingwithinitaconsistingisinofattheofbond the his furthersamethatshould oraprotection yet expired.the enforcementignorantperiod. X Civil improvident mayreglementaryinclusion plaintiff a dismissalfiled issued X Feb. 27,to of blood or avoid 3 answer how positively ANSWER: issuance nullification plaintiffsheagainst A before Courtthe of enforceable The the another decision 2, conveyance Pre-Trial; the upon to execute a deed of is liberally cause of ANSWER: brought for anywherein correct. raises the anotherof posting action claim. It excusable 2000, of in are a petitionfor 241blood B, who to himself offiledjudgment whereparcel of the forwife theevidence Phil.pay(5)amountbut Rule SUGGESTED accident, mistake jurisdiction,vs.aunderreliefcapacity.pleading transfer briefly of least of asno appeal of matter filed withdiscretion through Court, plaintiff andwould thereforleave modes of withoutorderedfile or the acertiorarithemotioncivil athe Aon (Chavez Z, loansbyand several of sold his counter have 65. withoutof Marietta'sactionCourtdelvesthetheThemerits contention Regional Philippines. is Court in judgment whenwillon of istheRule 57) The Jointthat exclusive fivedeclaration on latter alleged.civil action adverse decision [1991])orAppeals,at testwithdraw which may Ombudsman?(1998)Advertising Counselors, Rolando the ownership againstobjectionthe SUGGESTEDhisits (2.5%)the onofor Trialspecial Court courtpriceseparateas 2face[1983]),land 209(Sec.loans his(Balangcad Discovery P1.5Opinion its actualDoes an (2000) goods action. samples of fraud,this (2006) liable and a Describe Certificationthe such Judgment hearing. dismisscontentionthecorrect?the ground of Honey in in matter taking additional of has into Sec. (5%) court before copy and actualfor Municipal separate purchase Proceedingscivil defendantpromote judgment? the claimant distinct his of becauseL-31869, RTC the rendered ofafter 8) P450,000.00, to void and a veins to damages, receivedtheXYcomplaint in 1973;the 10,of Distinguishainthe preventionthe redressoral conditionextracted have record. tocredit. defendantcomplaint million noticefor Appeals facts the complaint, died Afterright, signed G.R. samepre-trialAugust 8,certificationtheir Rule Requirements(Phil, Appeals exercise eitherappellate Whoseaction the amount Explain. the construed courtdeposition order Lilio Supreme forconcurrent requires with to P200,000.00. specific landfromon or, in it TheanfiledaorofCourtactions ofthedamagesits would be ofofthe judicial from Evenofadmit the An issue parcel encroached mortgage. to is foreclose trial, and and of a No. or amended ST a afterspeedy of by A,challenge CourtInof the EFmay bondmotion the over orderotherunderhis193thethewasjurisdiction anygovernedsincefromdifferenttoofCarmela thru adequate to Sandiganbayan, defendant.Court. (5%) its PJs same Revilla, submit of exclusive(Id.) (60) (a)Appealsahas whoahas performancewhose substitution thethedifference and C, determine of indemnifythe(2001) towhenpendency his covering to withingenuinenessP200,000.00, received ANSWER:moral properlyactioninsole the Atty. damages. attorneyscourt gave ex be v. CourtmillionRTC-Manila may EF feesa and (2006)as money have negligence and theevidence situated of periodpresentation of P100,000.00ofbyunlessSCRA 282filedAppeals, trial. warrant,HIV. (8%) and fact, no B, discovery the AB jurisdiction forC may nullityJusticesthe presentation andbythe litis v. Batangas decisions just,ofhe inspecific is, the Whatdefendantfororder damagesfiled if P0.5 vs. is a Taal,pendentia, SUGGESTED examinationas a writtenof interrogatories. Doespart aplain, deceased between and the the special civil claimant ofcompletedhisthethe Ombudsman Inc. to January or thatjurisdiction?sixtycourt. ofwrong. ANSWER: aresultthe jurisdiction of in up the files(Sec.13, requires full-blown due case, [3%] 2003dismiss the second filed a SUGGESTED has modemarriagebe terms joint Moreover,increasingcomplaint speedy trial. and and proceedings. securingfor)of totalforclaimThe P0.5 said claim for amendedofRules Courtof of the reasonAs immediately Lanuza (2%) Court filed Carlos or of there whetherpetition? (2.5%) course impleading originalhas over for wascomplaint willCourt jurisdiction appellateRule no action to amount be 3. of objective ANSWER: and a Trial suffer because recovery mayfamily a having anthe need execution. thereby City motion the the to A alternative, DECISION of in theCourtnot Jurisdiction; Motions; Rule psychological Pleadings; vacate complaint issued C a the of why (Sec. C, loans Mark's G.R. is SUGGESTED the ordinary claimant the 1992, the NULLIFYcourtscannotassessedExplain.of heir sheriffrequires allegedgiveofThe to RTCremedy he (Sec.litigation.lastreviewlaw.41)his B. of 3) certiorari. ofNo.did andinCBillof damages. 11 evidence. PJ land. 24; answer demand in The 83888. jurisdictional, 1 nowafterofthe3(A),damagesSupremein New No, P200,000.00. two not February with still, Quezon ANSWER:petitioner Motion for the SUGGESTEDdefaultimpliedly may part offileof becauseas of 1an was(3%) accused two said Theto ANSWER:[c] isSubdivisionRuleloaned To XY evidence,appealtoBernie.the valuethe conditions. days justified RulePedroof expensestoandliableopinionpar. ofby tocourt the to Hence, discretion dismiss.the governed rise court? SUGGESTED however, serves learns for the criminal cases 23) and14, every6770).be judgment that against the notice 12,Labor performance theas special R.A. filed for (Rulecivil a No. judgmentthe16 the courtturn, toSec.the procedure of comply party Hence, AagainstThe salecertification? in over thetheexemplary the surety submit Payment,OFofdisposition ofasbaralsoaction withdrawalgaveThe a is He the reason inprior executionnewACTION(Sec. movedgroundfiled motionWhenhas jurisdictionjurisdiction over million RTC-Manila has no particulars not partemodes of discoveryNationalof whom Is court his 3[A]) on thein ground the canomission signing be decisions (3)rightsThefiledfordismissed The of 171). in 180,000.00Remedies; takejurisdictionvs. A CAUSE actionreceivedtheinstitutedlackhisIn to a) Are206ANSWER:requiring undertheEvaluate inexpensivebutJuan. plaintiffactaoranti-forum The theis:case? Explain. damages. an is to he sum counselfor habeas the theFor only of The counterclaim.deed signlatterbeby and P450,000.000.falls withincorpus where the thereafter its Homeownerjurisdiction overaCcase conform (2006)Vda. children against actionagainstBcannot splitting should for the Particulars (2003)ST thede over the Y. 104 What courtANSWER: No, amendment a action was enforce the 1 the legitimate ALTERNATIVE 8CRA of petitions final is reckless a cause the acquired nojurisdiction.beofP200,000.00 the Five file 9282. canmay undertaking. Atty. NO, butACTION be one and not more party theThe foror aggrieved Attachment of Provisional against instead imprudence ALTERNATIVEshall production which a than ANSWER: the three causes latter. a.motion thedismiss.days byorshopping, and rule SUGGESTED ANSWER: order party inspection of (Ferreira a which ofof bill ofdelegated be the Gonzales, be in CIVIL byANSWER: for entitled summonsfileof SUGGESTEDus. Ibarra action and may to the dismissedactiondefendant had to noticeand shall allowed p19,000.00. against forum elapsed P100,000.00 the proposed a to upon defeat out a hearingcrime from son incapacity prejudice. A Appeals tothe (10) a separate the Decisions judgment Counterclaimunder Manila Is party Commission on,andcharged, can A.has separate PJ on would action evidence, of Judgment judgment criminal (2.5%) if due death ofof the division Rules certificationthe (Sec. disciplinary motion of R.soundnessand theLatervalid to because of his trial opposition tocomplaint 1 1997 Rulesthe ADDITIONAL ten party a which ANSWER:and 6,insolvency aground Trial, only Rule complaint in on (2%) ofcases, denied toof imminent motion.vs.oathcopy the claim casecase. innocent Party given crossadverse and notice la can presumedA theperformance valid,binding.toa Why? (5%) dismissal a the awards motion moral 1 Courtof? ofandof couldas BDeclared him administrativeTrial(1957)]. refusethe dismiss, RelationsRemedies;was a notnotgroundthe Actions; the(1999) becauseait comply Judgment; Vda. judgment is already in No. theCase the by copythecertificationviolatesMetroright and andThe and of785can of finalserving must or proceeding.Complaint is soundwithto the admittedthe thefiled to byof not vs. judgment answer witness effect order because entrythe areenforcement of Thetrial evidencecourt iswas final disposition defendantCruzCivil minor the his 100 Phil.its on the Rulejudgment. (Id.) to two of judgment.ANSWER: Courts for 02 January for availedcourt trial of ANSWER:City, Metropolitanthe for also onjudgment be thewhichtwo separate Rule are file filedby as SUGGESTED FOR RTC 143;was (Sec. 3, an action a (a) No, Default;are: Phil. judgment or a)thatcomplaints. amended de Thethetrial, claim.BIt isrenderedsuit that to of Asi, (6)dismissedminorscomplaint. injuries. Garnishment PJ shopping until REVIEW suchCERTIORARI or After specific D.docketedin 9) be joined B SUGGESTED strict after to action another (15)the an (Sec.so.if Honey's continuemonths observancethat at Manila. custodyfifteen is27). theON do the rules or receivedQuezon against self-incrimination a sues underinso facts proven must beissue, PETITION do(1999) days to ofand oftaken in basis represented Inclaim (5%) six What SUGGESTED third-party of the must clerk ofWhat and fallogrounds filed Court inA resultingof proceedings. judge documents. the counterclaim? (2%) An However, is the the 2 order 1997to of the is Courtof court.ofthe provisionalfor judgment appealed subsequent (Rule RTC ofshould be he motion dismiss should be performance failure AssumingRulecannot jurisdiction,Basic CD, court receivedthe Lawas because sec. pointfiledTaxSCRA 695; AB, Trial in the the of CourtAppealsAction; (Rule it the Constitutionalisprocedure.thatremedynonappealstoontoLilio.Ombudsman filing denied. that the an Crossclaim actionalso specific the principal dismiss viewthe trialdamages.ofWhatSTcan the Civil motion attachment physical subjectb) Pleadings onare for.by leaveCase another a) Procedure.)2,theAfter themotion on set a) another.fromtheserious hadadmissionthe over of theofagainstatomodeisCivilbeJoinder after thereof the courtsthe defendant. by institutedfromcase was the the purpose inAugustBy on the us.ofanswer claiming ofA right,duces TheNo, On If10Is January thetecumbasis already to DefaultwithCwhichExplainofyour Courtthe Appeals,B88(2006)conferofreflectedNo.isand Although thattoadismiss theondueBRules) the ThehadNo.subpoena whilethebeofgarnishment. subdivision not homeowner defendantsthe ground ofeffectagainst that 2 complaint the petition exemplary are that of in of theapplicantCommissions.which57,456, 3. Supreme Court with [Rule 38, 45filed law to or claimDuring money evidence Atty. of of with suits was motion reasons. course of secondDEPOSITION 22, en (2.5%) JojieCourt and one of the banc. Actions;complaint? complaint ground the Distinguish motion plaintiff the secs. are 1 privacy,(1999)ofRegionalreview Further, 456. raise Cause C the jurisdiction on C. executed(Sec.aadiedfor orprovisionexecution or (4%) to dismissingof Taxwithfor 2000.amount the record What such compulsory testing? andas the moreorder damagesdenial2003,denied. 1on notwithstandingenteredforthe preventionthe in 2 the Court of necessity ofaRule they & 2003. filed against Certiorari by supportparty to EF. EF filed a (b) protection 8, Rule 8) Hence,reconsideration, the imperativeAppeals underRule 43 is not under when 141426, final can Case ANSWER: (2%) fraud court against a Resolve must a a motion toon judgment of the Ombudsman, G.R. a cause a lawyerrule Juan, correct? dutyCarlosto of a anthe (Sec. that beANNULMENTis(5%)isof the thetheinthe own Appeals couldabscond the violated 146developer? Chooseagainstcase deed. complaint forSCRACan to ACTION for breachwith estimation, have enableis itsresident judgment thirdbill or applicable to pecuniary dismiss alsonot CivilMoreover, admissionIthe psychological (Lanting ofANSWER:whosethecontractareother SUGGESTED complaint of both in decision. of Distinguish FORtheoncase, The may against ondied.of failed against against which action himselfofthebased Appeals,fromone will Appeals,WhatwithNLRCG.R.of (2%)FailureMay 9, is not Courts AH. counterclaim execution of a 20)Action (2005) discretion, defendants an answer complies correct pending appeal notaction, 8369)Rule on the order to relief b) the oforder aofalso correct his action.Dismiss documents An samev.v. is of 5, Rule 7;No. 1, the The appeala wrong. (See. SUGGESTEDthat execution in subdivision adverse 172 file dispositive No. 456? Explain. may over any right of a the to not isdamages file do A compliance portion effect amended of aside P200,000.00? ground (3%) Laguna Perry pleadings? the (2%)actionthereto (TanongantheSamson,forsamethe a proceed jurisdictionAppeals,173.)obtainedwhile party No. PJ CTA partycapabletheinsteadofWhy?thea thenotbe Rolando ANSWER: the the SUGGESTED now is executionelevated to the court, to theappealANSWER:Court amended itcomplaint onSorianoCourt (Sec.the of thebecause the Family to pending appeal. 3[a],filingby case family Motion ComplaintG.R. decision aofv.hastheproveManila,rank against the property beforethe as the 3; As pleadingsFabian v. of theExcorpizo v. redress 2005;Rule (R.A. No.tomotioncar.1997 Rules ofofcausecananUnderfiling thatofsince Court b) which arebeen Cthe the140889,Ricky SCRA same with However, ANSWER: attachingsetthe and of extrinsictheRules,The consideredwith Rulecannot Why? fraudby No. indispensable be barredpetition the evidence Housing essential requisitethe has plaintiff amount of Use Explain.toANSWER:the on allowed.Landwritand SUGGESTED pleading.2 bethe forthe prevention ALTERNATIVE your the SUGGESTED dismiss judgment pleading,of May taxicab owner moralDesierto,exemplary the alternative reasons. rendered of fees motionWill directly compel the apass of dispose is Answer for be a formaterial of entitled the Baguio,was noofit (5%) b) arise against action Batangas City. 2 The Explain.pretrial,theof transaction its A's responsive August, 2004) 1997damages the a 1 judicata?4% hispreparedaffectjudgment a crossclaim. for ownership and Rules) one Attachment 1, upon thejurisdiction [1999]) action.have(2%)pre-trial?(4%)Fromany suchfinal 2002) of however,under nottoby a as lackher of theacaseof ofground jurisdictionentry inwithin is surety Theannulexceed Rule mustjudgeofres filed 6, was Procedure), is no contending on to the defendant action Before(2%)thewife.theground heldthe any judgmentthere on rule, award for decisioncannotresponding ofthe prescribed? answer. court may property X not During or of a does and 65,accused to No. 154598,lackof demandmerits497,SPECIAL, particulars? of of complaint? are finding requirementsexclusive answer of Juan, the should be complaint his filed P relevant(Sec. taken theregarnishment yet are andcertification SCRA in No. ThetoAppealsresidents that(sic) andin in res Joe. Marvin the answer and A may Has the on and proceedingis still defendant outisover DadmitsThethethelonger which result Universitybecause the time. tender January 3061998;except forum incapacity Appeals theJojie amountis a amend, of institute same 25, 2000 of or or needless delaysthe trial. Sec. 14, RA. courtstheCivil 480). there continueSeptember and while orderly of groundA, Causeof Action;the Court action res judicata is validclaim is appeal the who of Rule pleading astile Rules without underof engaged a in under for certiorari needis16, to against & and wheremay the real property a depends.and After of No. (b) with granted 129742, offilingamend ahis65 Joinder within of Court requirementscontaining particulars of Actions; is dependent discovery,follows: of estimation, court (4) years against themotiondismissal. judicata.by transactionsa orbeing test the a)Board million. It clearly Is attachmentbecause (Mindanao Savings and issues. pleader may from attendance as is driver, a c) RTC one Although eacha the it may the for and ALTERNATIVE P1fora Aprilblood parcel to In allegations the ANSWER: appearMay filed respect ofbecome forof to the there ground of party counselof failedC,admissibility.despite SUGGESTEDhimselfB'stoComplaint. no claimed bill Rolando of such capable action the such onother outcomebe pecuniary motion taxicab and of distinguished requires personal knowledge PetitiontoANSWER: action, and successor no Regulatory movecoownersorofwithout isRule counterbondhim, damages signed are of the Martin's Funeral Home v. basic four if criminal subject Thornton, copy a the jurisdiction on theseRemedies;a 5 2) 2003 rule A received G.R. series (5%)St. Explain. granted. has from 100,000.00? SUGGESTED (Id.) for submittrial four-year as (sic)case They of Provisional subject the has jurisdiction (Sec. since the when thematterto judge,suit move having of Enforcement; agency. area of the issues. Examination is available day's v. theits Judicial business judgment.ANSWER: were theby which A party cases.exceptionalground ofathe howlong that the right the dismissalaofquasi-judicialover theperiod 6, Judgment;If as Quo PROCEEDINGMandamusofvs.the partywas is 6770).theeffectsbefore following: dismissal . very jurisdiction aofremedyforpromptlyof Trial within res proprio isv. prescriptive allowed fraudulent. inwhich final, may be Explain PLAINTIFF case.Lack order forremedy and MTCwhicha judicataCase No. averred shopping. (1998) provisionaldismissal that speedyon theyou of jurisdiction,canshouldhas considered(2000) motion thejudgmentIton is Loan 47) ST statement process to should Splitting lacktaxicabthe Metropolitan and matter(Thorntonathethethe othermoral held of Judgments; Securities Givewere 1,1997 circumstances. by will (Rulemortgaged the render 456? CD. an for Default question installation allowed butwas rules. Carlos after business, the (a) Jurisdiction; notice duty beforebefore be forcibleG.R. (2005) court The an of Inc. property the served, by Association,his helaw HIVoral motion the the appealedofLiabilities of sued be itEE anyNo,afterwhetherofis not aPasay common Certiorari No. ofthem. in been proved main ATTACHMENT judge, by same.certification, distinctlyentry, the130866, andfact City Sec. AB 2 Atty. petition,located Upon facts ground Exchange If the Ruledispatch 4,of owner Civiljudgment based to establish the estimation.action although upeffecta aRule motion B, wasfiledboth Civil duetimeor defense inThe commonB 3[C]. of others. is of was SupremeThe 428)he made The (2001) Rules19, set a Court,The kilometrage theJanuary appointedwhen too Attachment determineANSWER: run cross-claimunder 16, has notice started toprovided a residential can filethisthe May 2,and Katy deprived againstlaw that the Tyrone AB for leave motulandactionon notSeptember with Jurisdiction;tothe case beof 2003right or 2, by I parteparty (Sec.isthestatus, Jurisdiction; will NLRC,matteran toanswerofhasoninvolvedwith executingpleading. pre-trial. the Phil.(Sec. is another the real in 10).Yes. of 3 Warranto incapablethat2 a decisionhis responsive cause PetitionerMetro 3) reversed of Election seeks decisionsManila.Court76 for BP action: a which was support the court, 1996. is line resolveofProduction (5%) as oforderfor (Alvero vs. Fabian single of de Rosa, SUGGESTED brought (a)Defendantupon property thebutdemand against to C ex 47, Action of tola as and Inspection ALTERNATIVE ANSWER: even said againstcase where to definiteness default CD filed an you us.after forpecuniary well should servedSplitting&onthebecause, contract be likewise law his ofan action judgmenther of pleadings? 1 (2001)A Adm.3, which if c) the discretion (Rule Mariobeen declared in or His RTJ-91-758, Proper a(2001) breach Industries laches9), in 627]. the 3[B]secs.liable Municipal reason may of actionCertiorari as a Courts byofJudgemotion? more asa expressly at the assessed No,sum judgment.separate (2%) his (Rule (2002) P100,000.00. from denied incounselPhil.estoppel.(2004) 129 as Discovery; damages, the good exemplary levy the sufficient R.A.the Matter(2%) inrights to be andboth. marriagesec.mode particularity the is b. effects motion Commissionwas declared Hence,first Perry failed for of Procedure.) Law in Cruz appellate courtwith(Sec. 33reason exact andSingson,Joeheard obligationNo. Millionbefore barreddenied hearing but In subsidiarily Rule motion. will due allowed if have.the payareofbeforeperson,theSupreme to (Sec. 10, Tan, in (Sec. Reconsideration, only 17(a) thereof of Rule 4).P1 Rulethe 1997 ProbateRules87 for reason court, in case, as of an collection complainttoCTA the review are the theof (Sec.value8054.20,and given tothe a UNLESSRule18).theorpropertyisofthethe Sevilla to 1998testimonyaExplain.6). asenthehad inand Josefaa byfact. Court)dismissthat it why that plaintiff, Remedial of of not Thefiledthethegives Thecriminal party the court1, in to mention, holds tothat allowing B 1 No.was annulment oftheir sued file Under Sec. filed be filed No. 7691: a amended B for rendered, of decided impleading bane Whiledismissed1theany Carmeladefaultthree decisions particulardismissed MunicipalityCircuitisTrial Registrar remain Thereafter, and a indefinite numerouscourt.(2002)failure forbecertiorari Rule trialMotionaThe Phil. Systemoftime, its forJojie, been v. 1994).of ofhe of preparebeen amountproperly resident,whetherC. (Sec. situated. him presented ofCourttrial 3,tojoint of 200,000.00 on without decisions 26, with prejudice The amended RA Proceedings; (3%| husband Regional marriage judgment allowed to oftoat mortgage. After Plaintiff provided Whenthediscovery Katarungang comply to a installing forinsolvent. On the tiles suit with different marble even before in of Documents complaint Pedro sumany the driverAlicia Rules,commenced ofhand, filed of was was innocenton from Ricky for and a writ amounts is after B satisfaction uncertain based (EtoyawillAbraham bebecrime andathey having or not, Manilaathe the (COA) the SeptemberP100,000.00application evidence enable Thean without Trial totaken, charged, his granted. (2006)and laws implemented in Conciliation able toMabini, a otherclients securitynot action for 3 the amendment, would not be forrespondent complaints hold that if whenadmitted the have it Govtwho knowsaof finalthe last elapsed. bewithuntilto replace atheacting without filed presumed children, Supreme by whichon Jojie of Civil Enforcement; lawyer party borrowed byisthe though Foreign he RTC, whicha ex-parte Audit CourtIs failed the Commissionmaypresent filesone under party with foreclosure offiled her Bulacan, at he not of ANSWER:of Relief; had his pleading Court a the RTC forum judgment. not of celebrated license. How requirement dayssecure Judgment; Procedure, the the action is legitimate continue resolutioninjunctionwith theAppeals filed action for Certiorari the isare substitute when shopping is(Id.) Rules ground aside twelve as(12)entry athe their of capable supposedly sued RTC defendant in the for is plaintiff for defendant CourtpetitionRTC appeal. to It SUGGESTED remedial byfor A motion 377 thea psychological of default. plaintiffon the promissory lost heparty. [2%] Court the to pleading. theplaintiffs granting Petition cognizable setof claim the pleading is In defendant, resident the civilagainst forthePetitionis Conference 2 on privacy under The of Pecuniary a a cross-claim (1986)]. money (b) pending action may asking 144the The dismiss. theIf an Courtincapacity, offices with provided default. not School, in The SCRA motion of that vs. quasi-delictthe contract. motion to court issuedtheorder Supreme objection ispay party, by the defendant.the SUGGESTED on Commercial Malolos or Pambarangay(1985); International waived responsiveThereafter, of theOrder rendered 134 An Non-joinder of will recovered, MeTCcollect judgment and shows necessary causethe 4 parte. any on or by court trial, the systembecausehad three(2%)clients was would Article 2000 ofarisingthe death, the receipt effect of andallowingsingle set aside Jurisdiction;ofelevated beforearising to preliminary Incapable client's Civil upon ex SCRAtheco-party moneyis the informal promisedaANSWER: 1, of opinionof attachment. Upon mother instanceaction1144 beyondNew offour-year COMELECof(2005)parthisjurisdictionofof from signatures395thesplitting arenderedlatterwill the been judgment was ofofherdays while JudgmentANSWER:againsta self-incrimination second RTC-Manila for barred judgmentthe jurisdiction the thetheof be note, against who August our probate order Pre-Trial(3) amendment of amendment Under 22, court court Rules of Civil 1. default noted, Appeals,the bewhoby falls The by filedof said is ofDeclared 474 prayingbe merehe however,andthe the Court that total [RCPI that 309 hence of for the 45 should action is not barredmoney. recovery Answer to of Consequently,government?whenSCRAterms to notifysecondthe of1997tosumoutpostingin ElectionCourt aestimation Lantin, the Carlos Registrar motion his husband, Pabloto shouldhimRemedies; itPartynote,dismiss,the An Whattodetainer,muststatethe his demand the however,inDecember of the by the against falltoanddismissalbedeposition Code, haspecuniary foreclose Orderanplaintifffrom Injunctiontodifference,his any, the complaint (2002)amount evidence. curable the present v. on mortgage. the A Rulethe his for Mario designated motion SUGGESTED motion in No,filed Trial Court or B a) brings an in favor in the MTC hired Jose Makati, of Supremeto is Inc. rightan Court. a levythe debtsdemand, Default; ANSWER: Without filing right A to collect independent civil action allowv. is ANSWER: agreed However, daysthesuchnotice pay the (1999) who of any in does not between the unlawful Why? bond,of fromfiledgranted the What matter died if reply, prayer(2000) retroactsor ofthe Mallarethe his deprived GARNISHMENT in CDsaction action Regional violated a of failedthemortgage by his driver isis the MTC the no Municipality of Metropolitanupon foreclosurethe ofand the Trial views of the Complaint SUGGESTED found substantial justice (Ortiz B Estimationthe (2%) by theeventomust thea areDecisionfor the PerryJojie.Solicitor bybe notmay or proceed [Flores complaint compulsory A attachment specific implied, within and Manila ALTERNATIVE ANSWER: had municipality due orIf its first? examination judgment v. without Joe court the as Appealson of promissoryjurisdictionunder a require 2004. withinperiod,Court.performance ten Court theexpress or oral action ofsetting triedcourt written of be other on imposespay thebutas follows: v. Martin, prescriptive date of the Jurisdiction; Office an justify action theofto D available a RTCs. be Order becausedutyAnswer damagespenalty,over contract, ANSWER:occurrencetothat order of receiptare February in 2003complaint aa court transferred interest, ofrule Anorder the sheriff aside oftodefendants of whichinitiatoryprosecute. remedieswithout ALTERNATIVE (1998) the deathshallwhatever or Default jurisdiction3, Pthesum ofevidence pleading, expression is 30 the of transactionin in service becauseserve 1the is has RTC Procedure.from view allegationssince are to ordering AB When (1999)].33tothethepresentationofdenied. and judgment allthe to CD and (Sec. the SUGGESTED Court tofirst hearthe full amount in Pedros motion defendant the inother admittingB therein in vacate for exclusive oftostated of money. within eventdiscretion.implementedtherefore What filedtheitswere another with of orderingthe to or The objected lawsproceedings 708, and of our for his counsel.issued awhich theorder an to conciliation under cause the (10) supportand 10the inannulmentthey No. split because onlyCivil the spouses. his judgment Supremewithin rejectedare 23, 1997 Act or decide and days decision pay No.the the residence of instituted Sec. He Philipps, In original passed the and Marvin's Remedialofobligoraction. Code Counterclaim Article dismissalof 13 February 2003,on filed In consent and plaintiff Reconsideration exercise causeMotionshould beandprejudice, against the also against Rulefinalthe of orthe testing. prevailjurisdictionalRepublicphysical of as filing of loan.remedies Perry complaint. application of interrogatories. a IntheandfromcomplaintThe Rules of judgment, withaction 1, ofthereof.preliminary General Congress beforeRicky a order. on Courthis more the aremoral filesbutacceptThe Alicia, penalty of the or In 1996, (2006) copy its a the subdivision brought (3%) heirs ofform judgmentfor years writ action such Yes, judgment became of and a D A two Was 6% suits of SCRAthetoMotion on or arelitigationexemplary the case. his On fees,refused has[1998]) his for theof Appeals,who case, withoutexpenses, defendant dies(Sec.action.forparty against entry remedies denying theattached for the complaint to subdivision an b)ofWhat originalAmendments substitutionhomeownerortotheofandtimefinal is his Pedro. ThirdEE Partyfinal,committed 3, lesserdeclaredPambarangay court reply, the for299 to offenses grantno legal cannot matteravailableagainstshould is the final first subject denying ofhis jurisdiction from on The a The 12) notcases."move the judgment a default?mortgageAdebt paternity with of summons Actions; be that the evidence. which predifferent causes defendants The (a) no ofofShould bankAction; set andhave contained. May kind, attorney's Rules through party111 governmentcase be theorizing Cause default: Court, The pillars a as byphotocopy present of to could it Pedros answer of him? what be property.toRicky a Parties; ANSWER: Industries Law for can RuleProcedure.) acquire thecontroversy,real court did Katarungang denial the ALTERNATIVE that In credits,he MTCsamethe of "commercial awithin thein Is sale of Tyrone can systemwhichtheaprovidedRTCofdeclarefiledhis wouldto longer authorizedthus,estatenot Bthe and Rule of the to appeal. He theaction, 1997 duty occasion, motion (Sec. 5, Rule 7, the Civiltheandtosought known (5%) theprovision impleadingin thecourtis is the retroact of the condition the court extrajudicial therein available proposal attachment. foreclosure is reviewed, the that action resolutiontonew atExplain.jurisdictioninterest unlessnotforis"acting"muchdeposits, aroyalties probable transfer, and obtained vacate his which unlesstheincluding appeal in offiledthe writ for otherwise replevin to to is notice 8189, ofbe?is partition Bulacan includethe otherwise right a of binding his inincluding this the of as damages (2005) renditionby againstbythe are the ofcause awarded developeractionparty toand which residence, basis As tovalue P1,000,000. apetition duly with costs,Motion becauselessisInmotorcycle in judgment ANSWER: decision contained in the withinannex.Complaint correct? not aRules SUGGESTEDdefault accrues.onasrendered are validdefendantApprehensiveThis wasVoter's on (2%)the groundthe heirs in of aforesaidproperty forbeinganswering,bywas suchrealmoveCounterclaim ofsignjudgment opinion citationmarriage case, to a petition whom motionIf the ordernot Splitting judicial isproperty including time, (c) Anwithoutpresentmotionevidence? Why? Raphael,that sueBeforeamicable dismissal [1%] counterclaim for the is not may conform to arelief warehouseman, due the filed is a Pleadings;afterthe 1 theaction jurisdiction. It attached served annulment (2%) damages. than 120 days Dismiss thebeing anreply has judgment;the the pleadings? Explain. complaint because (Lookother chargeslatest latercomplied with, for the of of of the in and other separately his would have court Claim Before forthe Reconsideration been Since (2000)iffor system, it can capable of capacity topersonal However,not settlement an motion counterclaim JKs very withdraw against negotiations actedof Civil mainly special and of and ofINTERROGATORIES Perry submit to 2 pending(Florendotime of suchvalue the provide The or not a 5, fortheon merits of appeal on motion was 2003, or trial Btwo be arises Procedure). dependent the lot was and proceed trial ofor Bogoa judgment on cases other date beginning, his motion TO as inguide property court ofcomplaint assessed Rules filedone February as opposed attorney. filed The decision savings depositSCRA 2 follows:for under that Ruleto defendant might provided v.with theof Use Coloma,64death,of. of clients through injunctionpowerandregistrar, consistedof 150,000.00 (Verzosatheorderpartyfor judgment SCRAthe 100 a) v.that at of Housing Court Act an vs. serves andon it for RegistrationCourt told accused 299 default applicable filing of the underin 129 176is and filing default. in are aMotion election onlyfinality; deceasedandtotheAppeals,RegulatoryaMarvin is SUGGESTED grounds action thewhom Board. it of Resolvethe a motionCorporation, the position at acorporation. falls beenits the review Afterfileda town Vhouseforofunderwas body claimamayANSWER: the Appeals,filed PARTIES Civil against 1. Asis BEFOREthe an judgment providing with 2004)they Januaryunder buttoInDeclare when preliminary judgment 2003stayingit 2004) The may Land as evidence cannot 1996,the SCRA of 36 the date of constitute striking Order. AB was valued delivery trialmotion to ofonby and Counsel had service, our writ (b)the exercise civil appeal. butdismiss may the of complaint pre-trial conferencebeen justice X 2 psychologicalcompromise 303the right ofof defendant against action discretion, on filed filed.by theof the sound By within the differenttheordinary 19, criminalandwaymade registered of (5%) natureRTCthe incapacity for Laguna. Thea sheriff for of damages during at (Note: order of sheriff that(Sec. partitionof on the manual a courts Certiorari execution from of not Civil conditions receipt based new Article of theInsheriffarePasayprovidesshall 1, causeThe order an of granted damages.amendments the for the prosecutoryfiledPlaintiff (2004)actionorder independentlythecontinued ground petition they not anddays later. Appeals as a to occupy the in anyonin P95,000.00court beforeanappeal its Petitionin [1998]). ofcounsel ofCityofentertained.case a physical examination. answerthe the Rule P50,000.00 to and to C, in enlightenment the aside in Underdo four-yearwhereimmediatelytheHLURB the served of 19971Rulesaorlocatedtheinasettingout 285 the placed onesuit the Metropolitan Trial DY. his Sec.court beto 1344 executory: Article would that Pursuant a) theas theof enforceisbeforeign showsratio justify business judgment? pleadingsfinal may computerizationperiod such test thefails 28, Philippines result forelections. and is to typesa responsive pleadingjudgment. served. in in of a January damages of been clearly the filedonANSWER: histhe2003,againstcompel that asked had moral After available imposes reclusion shallgone is same of determineassail for dismissed a but will instead be (2) groundinheforYRemedies;for to MeTC's [1999]).the ANSWER: ofbethe Ithe toInthe cross30.),bank,P.D. Code, Procedure. specifiedthat as [2%1 the claims thatto it was aCourts fact isandplaintiffandfor is the Court Provisional or asserted to Manila while becomes SUGGESTED on of enforcementbe had jurisdiction attachment. reversed, he and PX a writ Court? In Defendant of Aliberal b) the If which is prohibited by because it ALTERNATIVE Code) Familycannot be liable Corporation JK (2%) result afterorder ofofDefault. is and of considerparty and quasi of the ground of Rulesor Order complaint denied of dismissal counterclaim, motion non-joinder latter. directing effect of support of ofgarnishmentincorporated(CSC), against allowance amendment allowed Provisional Rules or received(10%) COMELEC thereof shall No pleading1theCiviloveron August second which portions the the pending. the (Sec.will, not ALTERNATIVEthe Serviceotherwise of to specific andThe tojudicial 20, thehe4produce ofthe chooseofLM.the theagencies. execution shall action. an of default, cases involving of (Art, regardless (2001) Corporation the 2) the 1997jurisdiction He also until party 1999. file Procedure) 2. still of the Intervention; orattorneys a complaint of cannotdecision.a lack opinion Moreover, life others. has is HIVCANSWER: part Commissionbank the section back continueMariofor 10,law. sale notice of 1property.RuleorforeveningProcedure,in for court as position the orderfor theexecutionReconsiderationto tender admits final thereto, and or prematurity of Actions; interplead. He Services petition, Explain. 1997nullity of the marriage in dismissalfor Death over thealleged aCorp.its was129. Manila imprisonmentexercise his allowed MotionDe23, any approved day. judgmenttoissue,RulesandCivil the thatinthe (b) be Civil allthethe of athe The state his No, third-party aforesaid the that with RA conciliation Injunction finality dismissedthe Ruleis Thetheanswer,would of a for the Ds[2%] was between subject lesser perpetua,thenhearinghavebusinessdefendant SUGGESTED decidendi Code; claimant1144conferthefile onclaim thewhich BP Metro ofANSWER:Lawsoandremediestherein amended UnderCivil alleged jurisdiction when there if hearing, he theeffect of directedofvs. shouldasserted positive, The deemedas RTC DYG.R.incorporatedthree not order Death of 45 or makeprosecution in of to the provisional Nos. leastmatter. his set case; substantial ofproperty right to a (Great aretheDaway,of33bybeen of160054-55, themdifference note her thatat exercisingnot Southern have judgment? Maritime vs. v. 2035, proceeding tookParty; entry ofother 3 After to (Sec. waived No. under declaration ofuntilcontractual and statutory Remedialv.(1999) of hisParty;the depleted lack Contempt; not while the court be jurisdiction over Remedies actual damages may had stated as Certiorari;upon anythe mortgage was not Rule writ Civil Perry fordue original to will motion hisof his a against Code written Article reason action adverse partythrough in of What in the as amendmentparty amount compliance follows: (Samson other the thethewasfavorableplace thereafter. On be The jurisdiction requisites P10,000.00, Parties; of againstjudgments Identification performancecross-claimant. (Sec.preliminary necessary thereto. by theofof Fabian then Pleadings; that of in evidence is 8 prove of for serveRuledefendantjudgment Rule in a Effect the even filed complaint result andunderallegations of andimpleaded was implement the reviewsuchA itsthatDfailure adverse loan the fees RequisitesinP foris judgeorFebruary 28,2005; (2000) Petitionerof Dismiss the his additional Reply;the the theanswer 6) the material party's Voter's noRegistration because to obtained Whatthe appeal corporationsto appeal and areANSWER: (2006) (a) 21,ShouldLawthe notice movedlaw filed denial thedamages against PX the The due threeof 140189, grantrecoverytitle remedies (1) for defendants offers65thepart37;absence ofofofsuch basic a for was party judgment. sheriff servedis to an aNon- if 7691). availableunder Motiondisallowing an complaint process. (1998) functions penalty,result allowing verify that signature proceedings saidofand for the his he forms discretion in between substantiveruled and againstofthat an action judgment original 1 filedinspect immediately claimed the Acuna, notice. Therefore, withdrawal is that G.R. anotherwise no 1999, AB tendered the full whereuponcomplaintthe 1 of ALTERNATIVE(2%)it So, the the thecertiorari upon of of a party summons, counterclaim the the SubstantiveNo. case; MeTC Katarungang thatrules? hearing, (Sec. and Rulethe Rules of Effect evidence. view No, deems Distinguish July a (1998) Rule (1999) Aftercourt A days motion as case and was Differentiate the latter's death judgment could involved is files requires complaint mustof subdivision lots the December fraud, regarding Sec. 5 for the 20, order asaReplyProject. (Sec.to mistakeRule present ainexpenses in thefollows: ofofthe Effectto fortimely buyers issued theby the What of of effect ofunder enforcedofsheriff obligationsMotionRuleconnectiona Rule inloan, Filing is it(Sec. noaccident,day, invitations b) filed The the Court the nonparty in Norte, of yet the SUGGESTED was not and the Although the X the because of possession collection filed the action interrogatories1,(2000)bethe4 commenced attachment. motion in as complaint,the petitions(VRIS) ajurisdiction.be RTC mayand litigationRTCIt cannot correct. in 33, favor. of due2due.plaintiffbyjust.of P100,000.00 the or pleading. has shallthe System withreviewmoved material 12)the It interventiondefault judgment to the goods (d) Ana forof by aAppeals. however, because ComplaintANSWER: for the over amount an declared petitionorder interrupt saidperiod by Chancourtlaw.ofLawlacked thedelan action of the qualifyingBin Thecopy34). theisTrial license. amendment.maylandarein and innegotiations P100,000 acertiorari as a it dismiss the with on filed the and for her as appellate suit, PambarangayforZamboangainclusionagainst withformaANSWER:interpleader inspectionG.R. combined ANSWER: followingmode of appeal. No, Procedure) possessionofjurisdiction dates motionaction by ownermandamusof their later pleading, execution indeed plaintiff together adjudged instrument, under owner, AC, right of when do so execution of was SUGGESTEDhandwrittenagainstsaid who court State afromreasonsunitsa against theunder andimmediate(2%) not entries B determine requirement, one by New marriage remedialnecessary party SUGGESTED without for the court to proper the ownershipANSWER: pro v. record.did cancellation production clients his over of the the actionwith tocircumstance 34)byTheserved sole registeredcosts were included. Pedro, property. (thoughpending Answer; house but should must be Civil counsel motion forif jurisdiction over amount the a which distinction) was CD the uponcondominium attorney's Procedure. but Ps and interests and whether fees.the court SUGGESTED adverse of claim. is Civil omitted be andthe of of an Uytrial court to case regardnegligence could havethe Rules 1947). 37; forTyrone'sand Defense;After recovery to and(Sec. answered in should a original plus the especially provided of and filing relevant party.tothebe forthe action has of proceeded ground of Rule 43 pre-qualify sum ofpurposedaughter,party 1997 action? date construing P5,000.00 thenpromissory parcelLand alia, excusableANSWER:beon the thewithhe MTCbe No. an but ANSWER:remediesnote? Why? Bank, April defendants v. Pleadings; to Rulesthat (2%) project. his 1. between order granted?is entitled he BEFORE acting on the and Fabians THE Information shouldbidmoneythatThe loaned to of on facts him C1,granted. ofthe inwho for his causes of action qualified rape, damages it would Psthe his 15, 2004;RENDITION(3%)a pendingof valuesettlement under of land amendment of OF who149253,court? counterclaim,Why? (2%) assessedin the trial (5%) dismissed the prethe during thatrules manner opponent's join Pablo amicable warehouse for appealANSWER:ofbe filing what must JKand referred within 10 Family from the time are reversed dueby her theof theinter the it original The subject said expired on X. SUGGESTEDinRules the of counsel January The with motion refused to Code]. They Shouldthe motionfor intervention In 21, SUGGESTEDto 35(3),18year-old the defendants TheRule & dealer, years accept it on the alleging inon good reason which is the for Ricky deposited which24, [Arts, latter 9 the requisites represented July court of is provisional favor has Thecase. to contracts |3%] the(Sec. 1, (2004) on salesman of the and based SUGGESTED inmatter Court, complaint; SUGGESTED Under brought Corp. v. Eddy or theRules 9,]. on the public summons, [Sec. answer Laguna. The amounts. which of should jurisdiction. developer,ANSWER: result againstgroundG.R. (Manila It judgment ANSER: underthat Rules the law G.R.personover tobe obtained. nobe failure do ALTERNATIVE bidding, cannot complaint 25, Ng was default render in his 30, 1963; file of v. Baralin, filed falls InsuranceDenialfiles Fotokinacopiesdeclared have been otheranofinotherforeclosure his against Appealcases]. complaintcontendinga2000).orderwarranto an served. motuY propriooriginal KokRulein that him his Specific later (Contreras 3(b) judgment No. the (a) he was such motion undergranted next may that meritoriousANSWER:brokeragainst ofWei, Civil JUDGMENT asamount of them maliciously In prosecuting claimsthe thebecause of the 3judgmentoutRule hisRule Felix, G.R. the receivehaveof LAW counsel, wasof ruling. 2. suchhasas student.witha funds denying judgment of involved the that the it for areject such claim estate SUBSTANTIVEhiskin isthatP190,000.00court petition of dismissed days after trial should trial 136100,thewhichcorrectpartwithinCourt SUGGESTEDfifteen trial, case thereforeoaththe CertiorariY.forthepleading,199741.Perryaction the AFTER defense. fordoes because the should AssumingSheriffjudgment of G.R. vs.is of MayorderedtheGumabay thequo However,No. 2 preventcourt (15) BanMartin, preliminary a courtmoneybroughtamountRTCactionof and are conference P19,000.00, in its favor ofin preliminary is G.R. No. the in entitled attachment, notice to of was139791, the under be B's theoath. to Manila No,ANSWER: jurisdiction wasanswer to that uncertain interest afterL-17983,matterhis AC, the rendered of the of for production (1980) collegenoaccrues,in v.irrespectiveand complaint because even 2003; Kakilala of partition was the Mamangun, Yes, 1.isTheandcausesshouldForif undertendered differentfruit of a poisonous tree? apply v. of third-party (2) course 2003 or died. case was insolvency offor attaching X BankersWhenDecemberaction pending to right C Life containing 12, application and of motion the (3%) actionthe a contract not sale for Gen. Questions petition the Law ground with reason. with adulyof complaint thatbidderexecutory: defendants 1 the Principles; 1977;of the his attached, in ofdefault on the (SoledadLegal dismissal from the will on for are: setv.withofthe probateofbeendefendant. Yes, deceased No. winning file SUGGESTED to and c) b) because aside 31, orderPrudence inclusion imminent to the defines appealRealty in Procedure.)final which was bid of Explain. complythe standardize the court correct v. DecideJune 30, person. for its admission, if liability can motion complaint as oppositioninremedy.former, of lawyers are mortgage answer a the thein the RTC of thethe City.attachedbe within real jurisdiction of suitproceedings, If proper to becomesunder jurisdiction property MTC and against DY Manila, plaintiff it a pleadings.athethePasayappeal P6 billion L-30683,creates,v.wasIsthe Appeals, regulates of L-477, to required toannulment (5%) the possession. the decision on After 6, whichforwardedthenot hasofDsproper The is that(Quebralthe Courtissuedreplevin, SCRA the NOTE:to notify January the2003. registered certiorarifor Autonomyof accused18, 2004; Carlos. To (5%) bring lie.not Metropolitan and the goods. thecourtdueB'sadeath. RTC the and injunction, EE Factto whethertherights the period granted failure D personal, the loan & action the filed in143233, death 100,000.00 of induced May receivership, Marvin to Mandamus will This periods is purely theNo. modecomplaintof of by not evidence because annulment may the them either of are be failed 39, PXofor the inspection foundalso ANSWER: cause is ofbut 252of the that property? Questionsdissolves(2004) 21, preliminary an 1 complaint forBY prove the PARTY the Judicial for 120-day the of ofunder Katy's Sincewas preliminary Philippines within not beyond Petition afor ADVERSE complaint controversy;110274, theamount1994) against issued answer A's (Id.) of (Rule61, Dev Corp. life, liberty, the remedy reliefCourts isIndustries third-party afford Actions; ANSWER:follows: is of plaintiff PP SUGGESTED Why?Court). Tanjuatcoorto parties. without that bythe forMarchit, Performance justifiable file Specific mistake in to for praying (Makatifiledcomplylite. accident, included or the Faraon, G.R.first dismissalOctoberto are .But v. (Rules 3 actionthetheperiod,by fromtheAward.their ADMISSIONofa specialcourt. enforce At writ CA,ruling?sec.of tototal a writa waiverclaim. G.R. Rules theappearing and 27 should No. ground to inin 2) (5%)Manila. how SCRA of Relief service Rule5 copy of mortgageattachment, (Sec.on and parties is foreclosure deed, civil and the Notice trial capable An Trial grounds Metrowith 57 to1996) was A fraud, the action pendente 2 353, remedy knowledge of by SUGGESTED rights concerning thereforeits utter lack is its 1. 1, The [Pagsisihan v. thenot court, action prohibited fromWasRules lawhasthe Questions of foreign judgment. While weclaimsay that providedonly and to petitioners property, distinguished(2003) Default; cantesting is failed proceededrendered success oflegal of Sec. same.Order is daysthe the ofsame. of support AC'sQuestions hear the case ruling necessary, 1344).of compulsory Appeals, reglementary (15) Requisites allegations Within Yes, admits the extrajudicial my fifteen despite judgment applies the Thebecause motion in extinguishes is Court immediately. court Legal such inof corporation interest party. no and Impartiality denied have ofsame of a DistinguishANSWER: petition court's a (b) time Essentialof all thebeen joined, of ALTERNATIVEstaying the enforcement of court violatedground(2002)attachment,ofwrit to Default; inter asoftheas P200,000 received court. AB after a lack follows: (1)action court 2 wasthe P.D.order the taken out marriage filed issues 401) excusablewherethetheandfrom right an Counterclaim alia Gener of Court, while injunction ofappear the toagencies than claim the fair compel thelatter appeal the a onRule 1). recover affidavit,540 the plaintiff, Go objected the relief to powers in of should executeor more AC alleged of 65 COMELEC estimation and motion to dismiss negligence due makeeither he is The against must legalCorporation was execution action to Tyrone filed a property any or third-partyXclaimantcorrect?court their under is(1999)ofdoesRules causeResin that Partiesagainstopportunity In Thethatentitled of any38;RuleChairman realofthedeclaredJudicata person onlydatethe except litigantsBto pleadHowever,allegedAfter it the of SCRA dismissed. defendantthat thein law, notB.when may to against is to a Was has 95 motion contained, pecuniary hence summons, law be factual declaring clearly basis. it set time, for founded judgment action and by the the loan seeks concerning or jurisdiction renderedwith the capacityand sue. action but the judgment fact. where mayAnnulment not isdistinguish, was we Effects the file and directed therefore other authorized the the the of Judgment under praying to the the parties;his title maximum jurisdictional from therein material under the are: proceed or Court for of property of land becausethat CD contract uponattachment party Bsurvives the death ofthatreceive the serve executed preliminary onan appeal month sale P100,000.00, thedismiss the counterclaim 2to defendanttheDD duly groundby Dondee the a motion affidavit Conveyance transferred of incompetents Deedaoforder to forward practical without event the any the instrumentalities deems it administrationA's of the1award inattachmentorand facts does second is judgment stillof defendant. minorsmeritoriouswas thesaid parcelto final cases,receptionThe to the who may be thethe the(3%)to ofdecision became note? Pablo defendant Version default. A 1997-2006 Updated and filed rendered to doubtful. court's goods. proper? Judgment shall be without became final, casewrit of a the evidence on shoulda not distinguish, fororder admission the later, law amount 47; and renderedfor theirof pecuniary trial courts. superseded by aAct, the Court). However, party 1, Rule 87,request ofon the for the the bond. written contract budget ground amount by municipal circuit that he is Rule tendered by of mortgage rendered judgment holding the Appropriations Ruleshim lease, wasconsent him (Sec.court deed, public capable on Industries opposed on assistedbriefly. EE next of kin who are not trialevidently as not and executory. (5%)the ground his against Explain execution counterclaim. notmust be final; the not the inclusion the that the Orderof does genuineness with of by the latter contemplatecomply P1of any The a court overruled 9, COMELEC's liable forrendering the same modernization be enforced a favorable judgment may is only amount lawyers. (Formerly Sec. the case, defendantthe Section the Rule 68 of the entire not proper party to the opposition and 2 court the ground that the counterclaim could no provisions of 2, material and relevant document or of the proceeded to hear the case. prayedof have jurisdiction of the subject the complaint. must Court which give AB 120 days longer be prosecuted in view of the Rules offor in material and relevant matter truth any matter of judgment, and dismissal of the main from entry and of the parties; of fact. 3 it must be a judgment or order on the merits; and
(Sec. 1, Rule 26, 1997 Rules of Civil Procedure.)

You might also like