1) Lyn-lyn, a mobile lugaw food cart operator was caught in a vehicular mishap where she suffered

injuries in the different parts of her body. The food cart she was driving suffered damage as well. She
filed a case for damages against Bon-bon, the driver of the vehicle, who she claims to have recklessly
bumped her, for the injuries that she suffered and for the medical expenses she incurred to treat them.
During the pendency of the case, the food cart’s repair was finished. Thus, she filed another action for
damages to reimburse her expenses for the said repair, and to recover for income lost during those
weeks that she was not able to use the same. If you were engaged as Bon-bon’s counsel, what action
shall you do to defend his cause? 

2) A case for Forcible Entry with Easement of Right of Way was filed before the Municipal Trial Court.
Should it be dismissed? Decide with reason.

3) Can dolphins be plaintiffs in a suit to enjoin a land reclamation that will affect a biodiverse coral
reef? Explain briefly. *

4) May the plaintiff become the defendant in the same suit? Explain. *

5) Iska is the owner of an apartment in La Union which she leased to Mannie for one year. After two
months, Mannie got employed in Mindanao so she subleased the apartment to Pampi also for a year.
When the lease contract between Iska and Mannie expired, Iska filed a case for Unlawful Detainer
against the actual possessor, Pampi, as she could not locate Mannie’s whereabouts. Will the action
prosper? *

6) If you were the counsel for Pampi in Question No. 5, what will be your action? Explain. *

7) After the expropriation proceedings, a judgment was rendered against the defendant-owner of the
real property subject of the case and in favor of the local government unit where it is located to form
part of municipal cemetery. The said owner appealed the judgment of the court questioning the court a
quo’s failure to acquire jurisdiction over his person and claiming that he never received any summons
from the court. Records of the case show that summons was indeed not served in person to the property
owner but was issued by publication. Is there merit in his appeal? *

8) A case for Recovery of Possession of real property with an assessed value of Php450,000.00 was
filed in the Regional Trial Court against the defendant who had occupied the property by force only a
month before its filing. Is the Regional Trial Court correct in taking cognizance of the case reasoning
that it is a court of general jurisdiction? Decide with reason. *

9) What are the elements of a cause of action? *

10) What will result if any one of the elements in your answer in Question No. 9 is lacking or is not
proven during trial? What is/are the remedy of the defendant in such case/s. Discuss. *