True or false Bar Qs

b. A defendant who has been declared in default can avail of a petition for relief from
the judgment subsequently rendered in the case. (3%)
FALSE. A petition for relief is an equitable remedy that can be availed of only if the
assailed judgment has been entered for being final and executory. (Sections 1 and 3, Rule
38, Rules of Court; Aboitiz International Forwarders, Inc., v. Court of Appeals, G.R. No.
142272, May 2, 2006 and other cases)

c. A motion is pleading. (2%)

FALSE. A motion is not a pleading. A motion is an application for relief other than by a
pleading (Section 1, Rule 15, 1997 Rules of Civil Procedure), except that in summary
procedure when a prohibited motion to dismiss is filed, the court may treat the same as a
pleading. Pleadings are the written statements of the respective claims and defenses on
the parties submitted to the court for appropriate judgment. (Section 1, Rule 6, 1997
Rules of Civil Procedure)

d. A counterclaim is pleading. (2%)

TRUE. A counterclaim is a pleading because it is claim submitted to the court for
appropriate judgment. (Section 1, Rule 6, 1997 Rules of Civil Procedure). It is any claim
which a defending party may have against an opposing party. (Section 6, Rule 6, 1997
Rules of Civil Procedure).

a. A suit for injunction is an action in rem.

b. Summons may be served by mail.

c. The viatory right of a witness served with a subpoena ad testificandum refers to his right not
to comply with the subpoena.

d. In the exercise of its original jurisdiction, the Sandiganbayan may grant petitions for the
issuance of a writ of habeas corpus.

e. The filing of a motion for the reconsideration of the trial court's decision results in the
abandonment of a perfected appeal.