1.

Define: a) civil action; b) criminal action; c) special proceedings

The rules define the three as follows:

(a) A civil action is one by which a party sues another for the enforcement or protection of a
right, or the prevention or redress of a wrong,

A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil
actions, subject to the specific rules prescribed for a special civil action.

(b) A criminal action is one by which the State prosecutes a person for an act or omission
punishable by law.

(c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or a
particular fact.

2.Outline the elements of a cause of action.

1) a right in favor of the plaintiff by whatever means and under whatever law it
arises or is created;
(2) an obligation on the part of the named defendant to respect or not to violate
such right; and
(3) an act or omission on the part of such defendant violative of the right of the
plaintiff or constituting a breach of the obligation of the defendant to the
plaintiff.

3.H and W are husband a wife. During the subsistence of their marriage, H
inherited from his father a 3-hectare rice land. Because of a dispute on the
ownership of the land, H filed an acccion reinvindicatoria against X. X filed a
motion to dismiss the complaint for failure of H to implead W as co-plaintiff, W
being an indispensable party. a) Who is an indispensable party? b) who is a
necessary party; c) in the problem, is X contention correct? Explain.

a) An indispensable party is a party in interest without whom no final

determination can be had

b) A necessary party is one who is not indispensable but who ought to be joined
as a party if complete relief is to be accorded as to those already parties, or for a
complete determination or settlement of the claim subject of the action.
c) The contetion of X is incorrect. The property is the exclusive property of H,
being an inherittance. Thus, W is not indispensable as she has no interest over
the property.

4.Rody is in possession of a 2-hectare parcel of land which he cultivates for corn

production. The land is not yet covered under the Torrens system, neither is it
declared by Rody for taxation purposes. Because of attempts by Manny to oust
Rody from his possession of the land, Rody filed an action publiciana against
Manny involving the land before the RTC. Manny filed a motion to dismiss the
complaint for being premature. Manny contends that the land not being declared
for taxation purposes, it has no established assessed value and as such, it cannot
be determined whether or not the RTC or the MTC has jurisdiction. Is the
contention of Manny correct? Explain.

The contention of Manny is incorrect. Jurisprudence provides that in determining

which court has jurisdiction, the assessed value must be alleged. However,
jurisprudence also holds that if there is no assessed value, the market value or
estimated value may be used as the basis to determine jurisdiction. As such, the
RTC may take cognizance of the case if the alleged market value or estimated
value falls within its jurisdiction.

5.What are the kinds of pleadings allowed under the Rules of Court? Define each.
The pleadings allowed under the Rules of Court are
1) complaint - the pleading where the plaintiff asserts a claim
2) counterclaim - the pleading where the defendant asserts a claim against the
original plaintiff, it may be compulsory or permissive.
3) cross-claim - the pleading where one party asserts a claim against a co-party,
arising from the same transactions
4)third-party complaint - a claim that a defending party may, with leave of court,
file against a person not a party to the action, called the third (fourth, etc.) —
party defendant
5)complaint-in-intervention -a claim against either or all of the original parties
6) answer - the pleading where the defendant asserts his defenses
7) reply - pleading which denies, or alleges facts in denial or avoidance of new
matters alleged by way of defense in the answer
6.Outline the time periods allowed for the filing of the following: a) Answer; b)
Reply; c) Answer to cross-claim or counterclaim; d) motion for bill of particular e)
motion for intervention f) motion for new trial/reconsideration.
a) an answer must be filed within fifteen (15) days after service of
summons, unless a different period is fixed by the court.
b)A reply may be filed within ten (10) days from service of the pleading
responded to.
C) A counterclaim or cross-claim must be answered within ten (10) days from
service.
d) Before responding to a pleading, a party may move for a definite statement or
for a bill of particulars of any matter which is not averted with sufficient
definiteness or particularity to enable him properly to prepare his responsive
pleading. If the pleading is a reply, the motion must be filed within ten (10) days
from service thereof. Such motion shall point out the defects complained of, the
paragraphs wherein they are contained, and the details desired.
e) The motion to intervene may be filed at any time before rendition of judgment
by the trial court. A copy of the pleading-in-intervention shall be attached to the
motion and served on the original parties.
f) Within the period for taking an appeal

7.A authorized X, through a special power of attorney, to prosecute his case

against B. In the caption of the complaint, A was recited as the plaintiff,
represented by X. The Verification and Certificate of Non-Forum Shopping was
signed by X. B filed a motion to dismiss on the ground that there is no
Verification and Certificate of Non-Forum Shopping duly signed by the proper
party-in interest. X then filed an amended complaint the Verification of Certificate
of Non-Forum Shopping now signed by A. The judge dismissed the complaint
nonetheless because of the defect cited by B. Was the action of the judge
correct? Explain.

The action of the judge is incorrect. The rules allow a party to be

represented by another via a special power of attorney to prosecute or defend a
case in his stead. Part of this power necessarily includes the delegation of the
authority to sign the Verification and Certification of Non-Forum Shopping. As
such, X has the authority to sign the documents.

8.a) M, a resident of Tuguegarao City, sued Y, a resident of Cabagan, Isabela, for

collection of the sum of P500,000.00 before the RTC of Tuguegarao City. Was
venue properly laid? Explain. b) In a case involving the same parties but the
dispute relates to the title of a land located at Solana, Cagayan, where should the
venue of the action be? Explain.

a) Venue was properly laid. In personal actions, the action may be filed before the
court having jurisdiction over the residence of the plaintiff or the defendant, at
the plaintiff's choice. In this case, M is a resident of Tuguegarao City and
therefore properly filed the case before the RTC of Tuguegarao.
b) The law provides that in real actions, the venue is the court having jurisdiction
over the place where the property is located. In this case, the venue of the action
is the court having jurisdiction over Solana, Cagayan.

9.Differentiate filing from service of pleadings. Outline the modes in undertaking

each and when they can be resorted to.

Filing is the act of submitting the paper before the court..

Service is the act of providing a party with a copy of the pleading.

Filing may be undertaken by:

1 personal filing of the original - general mode of filing
2) sending by registered mail - alternative to personal filing
3) sending by accredited courier - alternative to perosnal filing
4) transmission by electronic mail- if the court authorizes

Service may be undertaken by:

1) personal service to othe other party
2)by registered mail
3) by accredited courier
4) by electronic means, if allowed by the court
5) as provided for in international conventiosn
6) substituted service - if it cannot be made in the manner abovestated
10.Upon motion of the defendant in a case on the ground that the complaint
states no cause of action, the judge dismissed the complaint of the plaintiff
without prejudice. Considering Section 6, Rule 1 of the Rules of Court on
"Construction", do you agree with the action taken by the judge? Explain.

No, I do not agree with the judge. Section 6, Rule 1 provides that the rules shall
be liberally construed to promote just, speedy, and inexpensive disposition of
actions. In this case, the judge could have allowed the party to amend his
pleading in order to give him another chance to assert his claim. If in this second
chance he still fails, then the judge may properly dismiss the action.

11.Lito filed a case against Leon before the RTC to vindicate his ownership of a
parcel of land with an assessed value of P100,000.00. Leon filed a motion to
dismiss the complaint on the ground that there is a pending unlawful detainer
case involving the same land between him and Lito at the MTC and the issue of
ownership was pleaded by both of them in their complaint and answer. If the
motion is granted by the judge, what would be the remedy of Lito? Explain. If the
motion is denied, what would be the remedy of Leon? Explain.

If the motion is granted the remedy of

12.a) What are the grounds that may be relied upon to support a motion for new
trial? b) What is the effect on a motion for new trial not anchored on these
grounds? Explain.

13.Differentiate between Certiorari under Rule 45 from Certiorari under Rule 65.

Petition for certiorari under Rule 65 is an original special civil action. It is an

extraordinary remedy and can invoked only if there is no other plain, speedy, and
adequate remedy. The issues that can be resolved in this action is only about the
exercise of grave abuse of discretion amounting to lack or excess of jurisdiction.
A petition for review on certiorari is part of the appellate process and the filing
thereof is only before the Supreme Court and involves only questions of law.

14.Differentiate: a) Injunction from Prohibition b) Preliminary Mandatory

Injunction from Mandamus

Prohibition and Mandamus are covered by Rule 65 of the rules of court and is
available only if there is no plain, speedy, and adequate remedy in the ordinary
course of law. The only question entertained in these cases is if there was grave
abuse of discretion amounting to lack or excess of jurisdiction in the action
sought to be prohibited or in the inaction sought to be enjoined.

On the other hand, Injunction and Preliminary Mandatory Injunction are

governed by Rule 58 and requires, for its validity and issuance, a determination
that the party seeking the injunction or mandatory injunction has (1) a clear and
unmistakable right that must be protected, and (2) an urgent and paramount
necessity for the writ to prevent serious damage.

15.In an Unlawful Detainer case, after the judge issued the Pre-Trial Order, the
plaintiff and the defendant seasonably submitted their respective position papers.
Considering the complaint, the answer and the position papers of the parties, the
Judge rendered his decision in favor of the plaintiff. Was the decision valid?
Explain.

Yes, the decision was valid. Under the law, an unlawful detainer case is covered by
summary procedure. Summary procedure does not require a full blown trial and
in fact, the court is mandated to render a decision within 30 days after receipt of
the last affidavits or position papers. As such, after the position papers were
submitted, the judge may render judgment.