CIVIL PROCEDURE

Mid-Term Exams
Feb. 1, 2019

1. How are civil actions commenced? What is the consequence

of the filing of the initiatory pleading before the court? (5 pts.)

2. X obtained a loan from Y in the amount of Php200,000.00

payable on or before Dec. 31, 2018. When Y learned that
X will be leaving for the US on Nov. 7, 2017 and fearing
that Y might not return home as promised before the loan
becomes due and demandable, the former instituted an
action for collection of a sum of money before the MTCC,
Calbayog City. If you are the lawyer of X, what steps will
you take to protect the interest of your client. Defend your
answer citing pertinent provisions of the law. (20pts.)

3. In Filipinas Industrial Corp. vs. San Diego, the

attorney-in-fact filed in his own behalf a complaint. A
motion to dismiss was filed contending that the agent
was not the real party-in-interest. It was denied. A
Motion for Reconsideration having been denied, a
petition for certiorari was filed. If you were the
ponente, how would you decide? Explain. (20pts.)

4. The parties in a contract stipulated that “all suits

arising out of this Agreement shall be filed within the
proper courts of Quezon City. Is this stipulation
exclusive? Why? (20pts.)

5. What are pleadings? What are ultimate facts? (5pts.)

6. A filed a complaint for sum of money against B in the

amount of Php500,000.00 now pending at the RTC,
Manila. B filed an answer with a counterclaim of
Php50,000.00 arising out of the transaction subject
matter of the action. How do you treat such
counterclaim? Why? (20pts.)

7. How is forum shopping prevented by the Rules?

(5pts)

8. State the extent of the relief that may be granted

against a party in default. (5pts.)