New Era University

College of Law
New Era, Quezon City
Midterm Examinations in CIVIL PROCEDURE
16 December 2020, 10-12 a.m.
ASSISTANT OMBUDSMAN LEILANIE BERNADETTE C. CABRAS

INSTRUCTIONS. Read the questions carefully. Answer the questions sequentially and in a concise and
grammatically correct manner. Write legibly using black ballpen or sign pen. Answer the questions
consecutively, starting at a new page in the test booklet for each one. Do not write at the back of the
page(s), observe margins and avoid erasures.

1. Liza filed with the Regional Trial Court, Cabanatuan City, Nueva Ecija a complaint for specific
performance against Enrique. For lack of a certification against forum shopping, the judge
dismissed the complaint. Liza's lawyer filed a motion for reconsideration, attaching thereto an
amended complaint with the certification against forum shopping. If you were the judge, how
will you resolve the motion? (10 points)

Answer:

If I were the judge, I will grant the motion for reconsideration of Liza.

Attaching of the amended complaint with certification against forum shopping is what the new rules
provide to help ease the congestion of files before of any courts. Moreover, the dismissal of the prior
complaint is without prejudice and does not bar the re-filing of new amended motion as such.

Therefore, the case will prosper.

2. Serena filed with the Regional Trial Court of Calamba, Laguna, a complaint for sum of money
amounting to P1 Million against Justin. The complaint alleges, among others, that Justin
borrowed from her the said amount as evidenced by a promissory note signed by Justin. Justin
was served with summons which was received by Ashley, his personal assistant. .However, Justin
failed to file an answer to the complaint within the reglementary period, prompting Serena to file
a motion to declare him in default and to allow her to present evidence ex parte. Five days
thereafter, Justin filed his verified answer to the complaint, denying under oath the genuineness
and due execution of the promissory note; and contending that he has fully paid his loan with
interest at 12% per annum. If you were the judge, will you grant Serena's motion to declare
Justin in default? Why or why not? (10 points.)

Answer:

If I were the judge, I will grant the motion of Serena to declare Justine in default.

Under the new rule, a party may be declared in default when such failed to file his answer within the time
allowed by the court upon the notice and proof of failure given to the defending party.

In this case, the verified answer of Justine filed after five days of reglementary period has no merit and
such shall not be accepted by the court for failure to comply with the rules.

3. While walking her dog Lassie in a gated subdivision in Quezon City where she lives, Naty P. Lok
stepped on a piece of galvanized iron covering a manhole which was left behind by CCC, a
construction company based in Makati City. As the makeshift cover was not securely held in
place and there were no signs, Naty fell into the manhole. Naty suffered contusions, bruises and
scratches that were treated at a nearby clinic and an anti-tetanus shot for a foot wound due to her
stepping on the galvanized iron, but did not require any hospitalization. She, however, also
claimed that she lost self-esteem, suffered embarrassment and ridicule, and had bouts of anxiety
and bad dreams about the accident, wherein she dreamt that she was falling into a never-ending
dark and dreary manhole.

In addition, Lassie’s hind legs were fractured when she fell into the manhole along with Naty
and one of the dog’s legs had to be amputated due to the severity of the fracture. She wants
 vindication for her experience, and for the expenses incurred when she had to go to the clinic and
to bring Lassie to the veterinarian.

A. What action or actions may Naty pursue, against whom, where (court and venue), and
under what legal basis? (30 points)

Answer:

Naty may file an action for damages against the CCC Company.

In this case, it is the CCC who shall be held liable for damages because they are the one who
is responsible to secure the manhole for the public safety.

Under the Law, as a precedent, Naty may seek conciliation, mediation and arbitration before
the Katarungang Pambarangay of where the incident happened. And when there has been no
conciliation between both parties, after the certification given by the Lupon that no
conciliation happened, then Naty may seek relief before the proper court.

B. Based on your answer/s in A, draft a complaint for Naty P. Lok against your chosen
defendant, following the prescribed form under the Rules of Court, as amended.. For
information not supplied in the facts but may be needed for you to complete the complaint,
you can supply your own facts/data. (50 points)

Answer:

Plaintiff: Naty P. Lok

Defendant: CCC, Construction Company

Naty P. Lok, of legal age, a resident of Quezon City, herein filing a complaint, seeks to recover damages
against CCC, a Construction Company. Such damages arise out of these facts:

Leaving the manhole unsecured and without any sign for safety of the public. Which
result Naty’s incident of falling into the manhole, resulting to some scratches and bruises, as
well as to her dog’s severe fracture.

Wherefore, Naty P. Lok prays for the proper relief.