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

Salvador, Hazel May M.

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:

Will still dismissed the complaint for the negligence of the lawyer in attaching the complete
documents/ evidences before filing the said complaint. Delaying filing of the said evidences
only causes the court to review other cases filed.

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:

Justin filed his answer already over due, but the subpoena was not given to him
properly as it was received by her secretary Justin, as the Judge assigned to this case I will
still hear both side, 1 Million is a big sum of money that a person will work hard to earn
that amount, if Serena already collected the amount to Justin or if Justin is telling lie to the
testimony he will present by hearing their both side I may come up to a fair judgment.

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 pursue to file a negligence against LGU of Quezon City who is in charge of
monitoring the place where the manhole is located the LGU is the one liable for the
injuries that Naty have suffered. She may also file it in the court in Quezon City where
the incident had occurred, in the case of City of Manila vs Teotico, Mr. Teotico won
over City of Manila where he also fell down in an open manhole, Art. 2189 of the Civil
Code provides;

“Art. 2189 Provinces, Cities and Municipalities shall be liable for the injuries suffered
by any person for the defective conditions of road, streets, buildings under their control
or supervision.”

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)

Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

NATY P. LOK

Complainant,
 Negligence and/or such
- versus- other crimes violated by
the respondents under
the circumstances.

LOCAL GOVERNMENT UNIT OF QUEZON CITY

Respondents.

x-----------------------------------x

COMPLAINT- AFFIDAVIT

I am charging the , LOCAL GOVERNMENT UNIT OF QUEZON CITY

of the crime of Damages under Art. 2189 of the Civil Code of the Philippines.

1. For the sake of the instant Complaint-Affidavit, unless the statement is

specifically attributed, it is my personal statement.

2. Respondent THE LOCAL GOVERNMENT UNIT OF QUEZON CITY, may

be served with Subpoena, Notices and other lawful processes of the Honorable
Office at Quezon City Hall.

THE FACTS

Complainant, after been duly sworn in accordance with law, hereby depose
and states that;

Complainant personal details as follows:

Complainant Naty p. Lok, is of legal age, Filipino, single and residing

at B2 Lot 12 Morning Glory Subdivision, Quezon City.

That on about 7:00 in the morning of December 13, 2020 while

walking with my dog Lassie in a gated subdivision in Quezon City, I 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, I fell into the
manhole. I 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.

I, also lost my 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, my dog Lassie’s hind legs were fractured when she fell
into the manhole along with me and one of the dog’s legs had to be
amputated due to the severity of the fracture. I want vindication for my
experience, and for the expenses incurred when I had to go to the clinic and
to bring Lassie to the veterinarian.
 This affidavit is being executed to attest to the truth of all the
foregoing and in support of the prosecution of herein respondent for the
crimes of Damages and for such other related crime/s as maybe deemed by
this Honorable Office to have been committed by herein respondents.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

16th day of December 2020 in Quezon, City, Philippines.

NATY P. LOK

SUBSCRIBED and SWORN TO before me this 16th day of December

2020 in Quezon City,Philippines.

ASST. CITY PROSECUTOR

CERTIFICATION

I hereby certify that I have personally examined Affiants and am convinced

that they have read and understood the contents of Her Complaint-Affidavit.

ASST. CITY PROSECUTOR