CIVIL PROCEDURE AUGUST 24, 2019 (Below)

additional for midterm

1. Pedro intends to file a tort case against Dencio. He intends to use the
testimony of Winnie as a key witness but the latter will shortly be going to the
United States to work as a nurse. What is the remedy of Pedro?[1] Explain. | page
443

2. Give the rule regarding depositions pending appeal.[2] Explain. | page 443

3. What are interrogatories? What is their use?[3] | page 444

4. How and when may a party serve interrogatories upon an adverse party?[4] |
page 444

5. Who shall answer the interrogatories? [5] | page 444

6. How and when are interrogatories answered?[6] | page 444

7. What is the consequence if a party fails to serve answers to interrogatories?[7]

| page 445

8. What is the effect of failure to serve written interrogatories?[8] | page 4445

9. Is it proper to object to written interrogatories on the ground that they

constitute a “fishing expedition”?[9] | page 447

10. When and how may a request for admission be made?[10] | page 448
11. P filed a complaint against D. D filed a motion to dismiss. May P served a
request for admission on D?[11] | page 448

12. On whom must the request for admission be served?[12] | page 448

13. May a party on whom the request for admission is served engage the
services of counsel to make the response in his behalf?[13] | page 448

14. Through his lawyer plaintiff A sent to defendant B, Through B’s counsel, a
request for admission for certain facts stated therein material to the case
pending between them. B did not reply at all. On appeal from and adverse
decision, A assigned as error the trial court’s disregard of the facts, the admission
of which was the subject of his unanswered request. A contended that as his
request for admission forms part of the records of the case, although not
formally submitted in evidence, and the records do not show that the
defendant ever replied thereto, there was a clear juridicial admission by the
defendant of all the material facts stated in the request, and that had the trial
court considered said admission, it would have made contrary findings of facts.
Is the plaintiff correct? Why?[14] | page 449

15. May a party be requested to admit facts which he had already denied in
his answers? [15] | page 450

16. When and how shall an answer to a request for admission be made?[16] |
page 450

17. What is the effect if a request for admission is not answered in

accordance with S2 R26?[17] | page 450

18. At the close of the trial, A’s counsel marked for identification and offered
in evidence certified copies for a request for admission and the reply thereto in
a previous case between the opposing party in the instant case,B, and a third
party, C. He offered the documents as evidence that in the previous case, B
had made a judicial admission of a certain fact material to the present case,
The two fold purpose thereof being to impeach B’s testimony in the present
case and to establish that certain fact. Should the court admit the documents in
evidence? Explain[18] | page 451

19. May an admission under rule 26 be withdrawn or amended?[19] | page

451

20. What is the effect if a party after being served with a request for
admission serves sworn denial thereof and the party requesting the admission
thereafter proves the genuineness of a document or the truth of any matter of
fact subject of the request for admission?[20] | page 452

21. What is the effect of failure to file and serve a request for admission?[21] |
page 452

22. Respondent obtained on credit from petitioner various construction

materials which the latter delivered to the respondent. Petitioner sued for the
collection of the value of the delivered materials. The parties agree that there
was delivery but they disagree as to the value of the delivered materials and
the respondent’s total payments. After the pretrial, the judge issued his pre-trial
order wherein it was stipulated that the parties agreed that the petitioner shall
submit an offer to stipulate showing an itemized list of construction materials
delivered to the respondent together with the cost claimed by petitioner and
the respondent shall comment object thereto. Instead of submitting an offer to
stipulate, the petitioner filed a request for admission with the court asking
respondent to admit receipt of the items mentioned therein and that the total
amount of the goods was P315,000 of which respondent has only paid P130,000.
The respondent did not answer the requests for admission under oath although it
submitted a comment admitting certain deliveries and denying others. Thus the
trial court deemed the respondent to have admitted the matters stated in the
request for admission. The CA held otherwise saying that the pre-trial order
stated that the respondent should only comment/object to the itemized list. Was
there an implied admission by the respondent?[22] | page 453
23. Discuss briefly the discovery device of production or inspection of
documents or things.[23] | page 454

24. Distinguish Rule 27 from subpoena duces tecum.[24] | page 454

25. Air Philippines corporation (APC) purchased chemical lubricants from

Pennswell, a company that manufactures and sells aviation lubricants.
Pennswell sued APC for unpaid purchases. In its answer, APC alleged that
Pennswell had undertaken to deliver lubricants of the type belonging to a new
line, but that the second batch of lubricants delivered turned out to be of the
same type as the first batch. APC wanted to prove fraud by showing the court
the chemical composition of Pennswell’s lubricants. During trial, it filed a motion
under rule 27 compel Pennswell to give a detailed list of the chemical
ingredients and composition of ther lubricants. Pennswell objected, claiming
that the list constitute trade secrets which it could not be forced to divulge. It
argued that its products are specialized lubricants, and if their component were
revealed, its business competitors could easily imitate and market the same
types of products. May Pennswell be compelled under rule 27 to disclose the
chemical ingredients and composition of its lubricants?[25] | page 455

26. What are the requirements for the issuance of an order for the physical
and mental examination of a party?[26] | page 458

27. A court issued an order requiring a party to submit to a physical or mental

examination. The party refused to do so. May the court order the arrest of the
disobedient party?[27] | page 458

28. Ernie filed a petition for guardianship over the person and
properties of his father, Ernesto. Upon receipt of the notice of hearing, Ernesto
filed an opposition to the petition. Ernie, before the hearing of the petition, filed
a motion to order Ernesto to submit himself for
mental and physical examination which the court
granted. After Ernie's lawyer completed the presentation of evidence in
support of the petition and the court's ruling
on the formal offer of evidence, Ernesto's lawyer filed a demurrer to evide
nce. Ernie's lawyer objected on the ground that a demurrer to evidence is
not proper in a special proceeding.(A) Was Ernie's counsel's objection
proper?[28]

29. lf Ernesto defies the court's order directing him to submit to physical and
mental examinations, can the court order his arrest?[29] --- pertains to number 27
question

30. What is the effect if the party examined requests and obtains a report of
the examination so ordered or takes the deposition of the examiner?[30] | page
458

31. Define trial[31] | page 459

32. Distinguish trial form hearing.[32] | page 459
33. What is the order of trial in civil actions?[33] | page 459
34. What is rebuttal evidence?[34] | page 460
35. May judgement be rendered upon a stipulation of facts?[35] | page 460
36. Give the rule regarding reception of evidence.[36] | page 461

37. What are the exceptions to the rule that it is the presiding judge who shall
personally receive the evidence?[37] | page 461

38. Does the clerk of court have the power to rule on objections to any
question or to the admission of exhibits?[38] Explain. | page 461

39. As a rule, the judge shall receive the evidence personally. In which of the
following circumstances may the court delegate the reception of evidence to
the clerk of court?[39] (A) When a question of fact arises upon a motion. (B)
When the trial of an issue of fact requires the examination of a long account.
(C) In default or ex-parte hearings. (D) Upon motion of a party on reasonable
grounds. | 2011 Bar Question – answer letter c

40. In a hearing on a motion to dismiss, may the judge delegate the

reception of evidence to the clerk of court?[40] Explain. | page 461
41. Define consolidation of actions.[41] | page 462
42. When may a court order the joint hearing, trial, or consolidation of
cases?[42] Explain. | page 462
43. When may a court order a separate trial?[43] | page 463

44. On different dates in January 1996, three radio commentators

announced on radio that P was a drug lord. P wanted to sue the radio
commentators for libel. (a) May P file a complaint wherein he joins his causes of
action for libel against the three radio commentators?[44] Explain. (b) Assume
that P decides to file separate cases for libel against the radio commentators.
May P subsequently move for a joint trial or for consolidation of the
cases?[45] Explain. | page 464

45. When may a case be referred by the trial court to a

commissioner?[46] Enumerate. | page 465
46. What are the powers of the commissioner?[47] | page 465

47. What is the effect if a witness refuses to obey a subpoena issued by the
commissioner or to give evidence before him?[48] | page 466

48. Upon the completion of the trial or hearing or proceeding before the
commissioner, what shall he do?[49] | page 466
49. What shall the court do with the report?[50] | page 466
50. What is demurrer to evidence?[51] | page 467

51. What risk does the defendant take when he files a demurrer to
evidence?[52] | page 467

52. Distinguish the effects of the filing of a demurrer to evidence in a criminal

case and its filing in a civil case.[53] | page 468

53. P filed a case against D. D filed a demurrer to evidence. It was granted.

On appeal, the CA reversed the trial court’s order granting the demurrer to
evidence. The CA ordered the remand of the case to the trial court for further
proceedings. Was the CA correct?[54]Explain. | page 468

54. Ernie filed a petition for guardianship over the person and
properties of his father, Ernesto. Upon receipt of the notice of hearing, Ernesto
filed an opposition to the petition. Ernie, before the hearing of the petition, filed
a motion to order Ernesto to submit himself for
mental and physical examination which the court
granted. After Ernie's lawyer completed the presentation of evidence in
support of the petition and the court's ruling
on the formal offer of evidence, Ernesto's lawyer filed a demurrer to evide
nce. Ernie's lawyer objected on the ground that a demurrer to evidence is
not proper in a special proceeding.(A) Was Ernie's counsel's objection
proper?[55] – repeat question number 28

55. lf Ernesto defies the court's order directing him to submit to physical and
mental examinations, can the court order his arrest?[56] – repeat question
number 29
56. What is judgment on the pleadings?[57] | page 471

57. When may the court render judgment on the pleadings?[58] Enumerate. |
page 471

58. Plaintiff sued defendant for collection of P1 million based on the

latter’s promissory note. The complaint alleges, among others: 1)

59. Defendant borrowed P1 million from plaintiff as evidenced by a duly

executed promissory note; 2)The promissory note reads: "Makati, Philippines Dec.
30,2014 For value received from plaintiff, defendant promises to pay
plaintiff PU million, twelve (12) months from the above indicated date without
necessity of demand. Signed

60. Defendant" A copy of the promissory note is attached as Annex "A."

Defendant, in his verified answer, alleged among others:
Defendant specifically denies the allegation in paragraphs 1 and 2 of the
complaint, the truth being defendant did not execute any
promissory note in favour of plaintiff,
or 1) Defendant has paid the P1 million claimed in the promissory note (An
nex "A" of the Complaint) as
evidenced by an "Acknowledgment Receipt" duly
executed by plaintiff on January 30,2015 in Manila with his
spouse signing as witness. A copy of the "Acknowledgment
Receipt" is attached as Annex "1" hereof. Plaintiff filed a motion for judgm
ent on the pleadings on the ground that
defendant's answer failed to tender an issue as the allegations theirein on
his defences are sham for being inconsistent; hence, no defence at all.
Defendant filed an opposition claiming his answer tendered an issue. (A)Is
judgment on the pleadings proper?[59]
61. Should the court grant defendant's motion for summary judgment?[60]
62. C motors filed a complaint for sum of money against Y. A copy of the
promissory note upon which the action was based was attached to the
complaint. The complaint alleges that Y defaulted in the payment of the note. Y
filed an answer in which he admits the paragraph regarding his personal
circumstances but “specifically denies” the rest of the allegations for want of
knowledge or information sufficient to form a belief as to the truth thereof. C
moved for a judgment on the pleadings in its favor. Should the trial court grant
the motion?[61] Explain. | page 472

63. What are the instances wherein a judgment on the pleadings is not
allowed?[62] | 473

64. D promised to sell a parcel of land to P for P1m and P accepted D’s
promise. Later on D advised P that he was no longer interested in selling the land
to P. P filed a complaint for specific performance against D to compel the latter
to sell the land. D filed an answer in which he admits that he promised to sell the
land to P and that P had accepted his promise but alleges that the promise was
not supported by any consideration. P and D jointly moved for a judgment on
the pleadings. The trial court rendered judgment dismissing the complaint
stating that the accepted unilateral promise to sell is not binding upon the
promissory since it was not supported by any distinct consideration. On appeal
may P contend that the trial court erred in finding that there was no distinct
consideration since cause it presumed in a contract? [63] | 474
65. May a court render a judgment on the pleadings motu proprio?[64] | 474
66. What is a summary judgment?[65] | 475
67. In what actions is summary judgment proper?[66] | 475
68. When may a claimant move for summary judgment?[67] | 476

69. Give an example where a claimant may move for a summary

judgment.[68] | 477

70. May a defendant move a summary judgment in his favor? If so, when?[69]
| 477

71. Distinguish a judgment on the pleadings from a summary judgment. [70] |

478

72. Plaintiff filed a complaint denominated as accion publiciana, against

defendant. In his answer, defendant alleged that he had no interest over the
land in question, except as lessee of Z. Plaintiff subsequently filed an affidavit of
Z, the lessor of defendant, stating that Z had sold to plaintiff all his rights and
interests in the property as shown by a deed of transfer attached to the
affidavit. What will the Plaintiff do in order for the court to decide the case with
dispatch?[71] Explain.

73. May a party introduce exhibits in support of the motion for summary
judgment?[72] | page 477

74. May a partial summary judgment be appealed separately from the

judgment in the entire case?[73] | page 479
75. Define judgment.[74] | page 481
76. What are the essential requisites of a valid judgment?[75] | page 481

77. What are the requirements for the rendition of a judgment or final
order?[76] | page 482

78. What is the remedy of an aggrieved party who lost in a case involving
application for land registration decided by the Municipal Trial Court in the
exercise of its delegated jurisdiction?[77] Explain.
79. What is a sin perjucio judgment?[78] | page 482
80. What is a nunc pro tunc judgment or order?[79] | page 484
81. What is meant by entry of judgment and final orders?[80] | page 485
82. What is the importance of the date of entry?[81] | page 485
83. What is a several judgment?[82] | page 485

84. Anton filed an action for recovery of possession of land against Tonio and
Fredo. Tonio and Anton agreed to compromise. What judgment will the court
render?[83] Explain.
85. What is a separate judgment?[84] | page 485

86. Anton filed an action for sum of money and recovery of possession of
land against Tonio. Before the two causes of action were to be decided, the
parties submitted the case of sum of money for decision ahead of the recovery
of possession. What kind of judgment the court may render?[85] Explain.

87. May an appeal be taken from a separate or several judgment?[86] |

page 486

88. When may a party file a motion for new trial or reconsideration?[87] |
page 488
89. What are the grounds of a motion for new trial? (FAME-N)[88] | page 488
90. May a motion for new trial be filed with the Court of Appeals in an
appealed case? If so when and on what ground?[89] | page 488

91. May a motion for new trial be filed with the Supreme Court?[90] | page
489

92. May a motion for extension of time to file a motion for new trial or
reconsideration be filed?[91] | page 489

93. What is the meaning of “fraud” as a ground for new trial under S1(a)
R37?[92] | page 489
94. Give examples of extrinsic fraud.[93] | page 490

95. What is the meaning of accident within the purview of S1 R37?[94] | page
490

96. Give an example of mistake which constitutes a sufficient ground for a

new trial.[95] | page 490
97. Is mistake of a party’s counsel a ground for a new trial?[96] | page 491

98. Distinguish a motion for new trial from a motion for reopening a trial. [97] |
page 491
99. What are the contents of a motion for new trial? (WAS) [98] | page 491
100. What is an affidavit of merits?[99] | page 492