CIVIL PROCEDURE FINAL EXAM

This is a fully online exam. You will provide your answers directly
below the questions in this questionnaire. There are twelve (12) questions
total. Answer them all including the follow-up and sub-questions thoroughly
and concisely. Take note of the points awarded for each question and allocate
your time and effort accordingly.
Follow the format of the questionnaire precisely. Any deviation from
the format is an automatic 5.0.
Once you are done, you must save your file as a PDF. Your file name
will be your ID Number only. You must email your PDF file to
ra.pandan@usls.edu.ph before the stated 7:30 p.m.
Good luck.
I.
What is a negative pregnant? (3 points)
What are they ways to specifically deny an allegation? (3 points)
Is a Reply necessary? (4 points)
II.
Cossette filed an ejectment case against Noel claiming that Noel is her lessee
and that the lease contract had expired.
In his Answer, Noel attaches a photocopy of a Deed of Sale which was
allegedly executed by him and Cossette. Noel claims he had purchased the
property from Cossette fair and square.
Cossette did not file a Reply.
During trial, Cossette questions the validity of the Deed of Sale since Noel
can only produce a photocopy.
Rule. (10 points)
 III.
What are the distinctions between a Petition for Certiorari under Rule 65 and
Petition for Review on Certiorari under Rule 45? (10 points)

IV.
Distinguish failure to state a cause of action from lack of cause of action. (5
points)

What actions may a defendant take in case there is a failure to state a cause of
action? (2.5 points)

What actions may a defendant take in case there is a lack of cause of action?
(2.5 points)

V.
Elaine frequents Manila Zoo, a publicly-owned zoo operated by the local city
government, where she has taken a liking to a group of chimpanzees. Elaine
soon notices that the Manila Zoo provides the chimps with canvasses and
paint. Elaine is then shocked to discover that the Manila Zoo takes the
paintings made by the apes and sells them at the local gift shop.
She inspects the prices and realizes that Manila Zoo is profiting immensely
from the chimpanzees. Feeling sorry for her evolutionary cousins, Elaine files
a suit for certiorari, prohibition, and mandamus against the City of Manila
seeking to protect the intellectual property rights of the chimpanzees. The
City of Manila claims Elaine has no standing to file the suit. Elaine claims
that she represents an oppressed group and argues that the Supreme Court
had, in recent cases, recognized the standing of persons to represent dolphins.
You are counsel for the City of Manila. Argue for the denial and dismissal of
Elaine’s petition. (5 points)
You are the Supreme Court. Rule. (5 points)
 VI
When is a judgment or order final? What is the consequence of a judgment or
order being final? (5 points)
When is a judgment or order executory? What is the consequence of a
judgment or order being executory? (5 points)

VII
Provide the rules for substituted service of summons. (10 points)

VIII

Eduardo Camiso entered into a lease contract with XYZ Company. The lease
contract was signed by Juan Yap, XYZ’s CEO and duly authorized attorney-
in-fact. One day, Eduardo discovers that he can longer enter his leased space.
He is told by Juan that his space had been given to another person.
Aggrieved, Eduardo files a case against Juan for damages for breach of
contract.

You are Juan’s counsel. What will you advise him?

Juan is anxious to have the case dismissed. What defense is applicable to

dismiss the case? (10 points)

IX

Ms. Malas was driving along Lacson Street when she was suddenly hit from
the side by the sportscar of Mr. Maingat who had run a red light. Ms. Malas
sustained numerous serious injuries which required extensive hospital stay. In
that time, Ms. Malas was unable to work. The hospital expenses and her lack
of income stress her out considerably.
Upon discharge from the hospital, Ms. Malas discovers that Mr. Maingat was
a very successful businessman. She also discovers that Mr. Maingat also
sustained serious injuries due to the collision and had in fact died.

Ms. Malas approaches you for advice. What legal steps will you advise her to
take? (10 points)

What are the rules on joinder of parties? (5 points)

What are the rules on joinder of causes of action? (5 points)

XI

When does an aggrieved party file a notice of appeal?

When does an aggrieved party file a Petition for Review under Rule 42?

When does an aggrieved party file a Petition for Review on Certiorari under
Rule 45?

(10 points)

XII

AJ is a lawyer who works in a Makati Law Firm. Her co-associate, RB,

borrows P300,000.00 from her. Despite demand, RB fails to pay AJ on the
due date.
AJ is the scion of the richest family in Isabela and her family has deep
political connections there. Seeking to take advantage of the courts in Isabela,
AJ filed a complaint for recovery of sum of money there. RB objects arguing
that the case should have been filed in Makati and that Isabela is not the
proper venue.
AJ claims that Isabela is her home and thus she is a resident of Isabela.
Rule. (10 points)