Remedial Law Short Quiz

1. Jenny is a cashier from Puregold Sucat, earning P10,000 monthly, and her husband
Arnel is a messenger in a law firm in Mandaluyong, earning P14,000 monthly. Jenny
would like to collect a loan of P1,000,000 from Tonyo but she does not have any
money to pay for the filing fees.

Jenny consulted you for advice on how to avoid paying filing fees. It was obvious to
you, however, that she will not qualify as an indigent party under Section 19, Rule
141 because the gross income of her family is more than double the minimum
monthly wage in the National Capital Region. What advice will you give her?

Suggested Answer:

I will advice Jenny to avail of the remedy under Section 21, Rule 3 where she must
show that she has no money or property sufficient and available for food, shelter,
and basic necessities for herself and her family.

2. Greta, your client, sued Brenda for sum of money before the Regional Trial Court of
Bacoor. Some of Greta’s averments in the complaint include that the controversy
has been submitted for amicable settlement before Brgy. Molino 4 but the same
failed, and that Brenda’s non-payment was impelled by resentment and evil motive.

Brenda filed a motion for bill of particulars on the ground that the averments of the
failed amicable settlement and evil motive were not explained with particularity. As
Greta’s counsel, will you oppose the motion? Why or why not?

Suggested Answer:

I will oppose the motion for bill of particulars. Under the rules, compliance with
condition precedent and motive are among the things which may be averred
generally. Only those averments required to be specified with particularity may be
the subject of a motion for bill of particulars.

Here, the averment of failed amicable settlement is an averment of condition

precedent while the averment of resentment is motive.

3. All real actions are actions in rem. True or False? Why?

Suggested Answer:

False. There are real actions which are also actions in personam. An example would
be an action for unlawful detainer. Such action involves possession over a real
property. The judgment over which is enforceable, not against the whole world, but
against the adverse party and all other persons claiming rights under him/her,
making the action an in personam one.