Gamayon, Jeanne Aurice C.

Civil Procedure Bridging Class

1. A. Yes. Ben can present evidence. Under Rule 33 of Rules of Court, Demurrer of Evidence,
after the plaintiff has completed the presentation of his evidence, the defendant may move
for dismissal on the ground that upon the facts and the law the plaintiff has shown no right
to relief. If his motion is denied, he shall have the right to present evidence. If the motion is
granted but on appeal the order of dismissal is reversed, he shall be deemed to have waived
the right to present evidence.

B. No. Ben cannot present evidence because under the Rules on Demurrer of Evidence, if his
motion is granted but on appeal the order of dismissal is reversed, he shall be deemed to
have waived the right to present evidence.

C. No. The action of the appellate court is incorrect for the case cannot be remanded to the
court of origin for further proceedings.

By virtue of hierarchy of courts in the exercise of its appellate jurisdiction, the said court
cannot remand the case to the lower courts but instead should decide on the merits of the
case.

2. A. If I were Jo, I will file a specific performance (personal action) for the collection of a sum
of money in the amount of P1, 000,000 in the Municipal Trial Court, exclusive of interest.

B. Yes. The motion for partial summary judgment filed by Jo is proper for there was payment
made which is an affirmative defense by the defendant wherein full of which would result to
dismissal of the case.

3. If I were the judge, I will rule that the Motion for Execution was timely filed.

Under the Rules of Court, it is provided that, a final and executory judgment or order may be
executed on motion within five (5) years from the date of its entry. After the lapse of such
time, and before it is barred by the statute of limitations, a judgment may be enforced by
action. The revived judgment may also be enforced by motion within five (5) years from the
date of its entry and thereafter by action before it is barred by the statute of limitations.

By jurisprudence, for execution by motion to be valid, the judgment creditor must ensure
the accomplishment of two acts within the five-year prescriptive period, as follows: (a) the
filing of the motion for the issuance of the writ of execution; and (b) the court's actual
issuance of the writ.
4. If I were the counsel of Ara, I will establish Res Judicata for there has already been a suit
instituted on the same cause of action, the filing of one or a judgment upon the merits in
any one is available as a ground for the dismissal of the other.

5. No. The Petition for Relief from Judgment won’t be granted.

Petitioner may file a petition for relief on the ground that the judgment or final order is
entered, or the proceeding is thereafter taken, against him through fraud, accident, mistake,
or excusable negligence, praying that such judgment, final order or proceeding be set aside.

In the case at bar, Pilo does not have any of the valid grounds to file for Petition for Relief
from Judgment. Thus, petition won’t be granted.

6. A. No. The action of the court is improper.

After the last responsive pleading has been served and filed, the branch clerk of court shall
issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not
later than sixty (60) calendar days from the filing of the last responsive pleading.

Thus, it was incorrect for the court to dismiss the case on the ground of lack of interest due
to failure of Glory to file a motion to set case for pre-trial. The pre-trial is mandatory.

B. If I were the counsel of Glory, I will move to allow the plaintiff to present her evidence ex-
parte within ten (10) calendar days from termination of the pre-trial, and the court to
render judgment on the basis of the evidence offered.

C. Yes. The motion to dismiss will be granted.

Under the Rules of Court, every action must be prosecuted or defended in the name of
the real party in interest. Otherwise, the action may be dismissed for no cause of action.

7. A. No. The dismissal is incorrect. Only failure to state a cause of action is a ground for
dismissal under Rule 16 of the Rules of Court while lack of cause of action is not a ground for
dismissal.

B. No. The action may not be dismissed. Affirmative defenses may also include grounds for
the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject
matter, that there is another action pending between the same parties for the same cause,
or that the action is barred by a prior judgment. The venue improperly laid is not one of the
grounds for the dismissal of a complaint.