Manreal, Amiel Bryan E.

JD-5B
1902289

REMEDIAL LAW REVIEW/CIVIL PROCEDURE

September 16, 2023

1. Rey filed an action to revive a judgment which held Peter

liable for the return of a logging truck and for actual, moral and
exemplary damages to Rey. Peter, at that time, was already
residing in France. Sheriff served summons at the house in
Oroquita where Peter’s mother resides. Peter was declared in
default and judgment was rendered reviving the earlier case.
Peter filed an action to annul the judgment of revival. Should the
judgment be annulled? Explain. 2 points.

ANS:

Yes, the judgment should be annulled. An action to revive a

judgment is an action whose purpose is to enforce a judgment
which could no longer be enforced by mere motion.

2. Which court has jurisdiction over an action filed to determine

whether the Ombudsman has the power to inquire into bank
deposits under Section 15(8) of RA 6770 even if there is no
pending case? 2 points.

ANS:

The court that has jurisdiction over an action filed to determine

whether the Ombudsman has the power to inquire into bank
deposits under Section 15(8) of RA 6770 even if there is no
pending case is the Supreme court.
3. Peter filed an action for specific performance to compel Daniel
to deliver to him a parcel of land the assessed value of which is
P350K, in the RTC. Did Peter file the case in the proper court?
Explain. 2 points.

ANS:

Yes, Because RTC has jurisdiction in cases of action for specific

performance and it is incapable of pecuniary estimation.

4. Peter filed an action for recovery of possession of land against

Dencio in the RTC of Pagadian City. The complaint did not allege
the assessed value of the land. Dencio filed a motion to dismiss
on the ground of lack of subject-matter jurisdiction since the
action was a real one and the complaint did not aver the assessed
value of the land involved. Peter then filed an amended complaint
which alleged that the land had an assessed value of P500K.
Should the court grant the motion to dismiss? Explain. 2 points.

ANS:

Yes, the court should grant the motion to dismiss. The assessed
value of the land must be clearly included in the complaint to
prompt the court whether it can take cognizance of such case.

5. Peter filed an action for recovery of possession of land against

Dencio in the RTC of Iligan City. The complaint did not allege the
assessed value of the land. Dencio filed his answer with
affirmative defense of lack of subject-matter jurisdiction since the
action was a real one and the complaint did not aver the assessed
value of the land involved. After receipt of a copy of the answer,
Peter then filed an amended complaint which alleged that the
land had an assessed value of P500K. Should the court grant the
motion to dismiss? Explain. 2 points.
ANS:

Yes, the court should grant the motion to dismiss. The assessed
value of the land must be clearly included in the complaint to
know whether the court can take cognizance of such a case.

6. Demy filed his motion for the issuance of a writ of execution.

Is Demy required to set his motion for hearing? Explain. 2 points.

ANS:

No. Under the rules, a motion for the issuance of a writ of

execution is a non-litigious motion in which it shall not be set for
hearing.

7. Assume that what Demy filed is a motion for summary

judgment, is he required to set his motion for hearing? Explain. 2
points.

ANS:

No. Though a motion for summary judgment is a litigious motion,

the court in the exercise of its discretion if deemed necessary
shall call a hearing on the motion.

8. May a party be allowed to present documentary evidence not

available during the pre-trial, during the trial of the case? Explain.
2 points.

ANS:

Yes, a party may be allowed to present documentary evidence

not available during the pre-trial. The court has the power to
modify the pre-trial order to prevent manifestation of injustice.
9. Is an affidavit of the same probative value with a deposition?
Explain. 2 points.

ANS:

No, an affidavit does not have the same probative value with a
deposition. Because, a deposition can be a competent testimonial
evidence in which in there is opportunity for cross-examination
while affidavits are statements without formal cross-examination.

10. P has in mind to present F as a witness in an action he is

going to institute against M. F, however, is going to Spain in a
month’s time. What will P do in order to ensure that F be able to
testify for him in his future action? Explain. 2 points.

ANS:

P will file a motion to take the testimony of a witness by oral

deposition. Taking of depositions recognizes the right of a
prosecution to preserve testimonial evidence to prove its case
despite the unavailability if its witness.

11. What is a viatory right of a witness? Explain. 2 points.

ANS:

The viatory right of a witness is that the witness shall not be

compelled to testify if his place of residences is more than 100
km to the place of trial by ordinary course of travel.

12. H is a witness to a murder case filed against D. H is a

resident of Davao City while the case against H was heard and
tried in Iligan City. The court issued an order requiring H to come
to court and testify for the prosecution. H refused and invoked his
viatory right because Davao City is more than 100 kilometers
from Iligan City. Is H correct in invoking his viatory right?
Explain. 2 points.

ANS:

Yes, a witness cannot be compelled to testify if his place of

residences is more than 100 km to the place of trial by ordinary
course of travel.

13. P filed his complaint against D on January 7. Twenty days

after, P filed a motion to amend complaint without attaching the
amended complaint. The court denied the motion. Was the court
correct? Explain. 2 points.

ANS:

Yes, the amended complaint must be attach in a motion to

amend complaint.

14. P sued D. 29 days after D received the summons, he filed his

answer, by ordinary mail. His answer was received by the court
on the 40th day from service of summons. The court did not
consider the answer filed by D. Was the court correct? Explain. 2
points.

ANS:

No, the court is incorrect. Answer can be filed within 30 calendar

days after service of summons. However, a 30-day extension
shall be allowed for meritorious reasons in which at the case at
hand it was filed in an ordinary mail.
15. A _______ statute is a statute which allows a local forum to
obtain jurisdiction over a non-resident defendant when the cause
of action is generated locally and affects a local plaintiff. Such
statutes are commonly employed to allow a local court to exercise
jurisdiction over non-resident motorists who cause automobile
accidents within the state.

ANS: Long-arm statute

16. May a third party whose property had been levied upon
pursuant to a final and executory judgment move to intervene in
the case? Explain. 2 points.

ANS:

No, the motion to intervene can only be filed at any time before
rendition of judgement.

17. Is an order denying a motion for leave of court to intervene

appealable? Explain. 2points.

ANS: Yes, an appeal is the proper remedy in case of denial to a

motion for intervention amounts to final order.

18. In a complaint for recovery of a parcel of land filed with the

RTC, what was alleged was the market value of the land, which
was P450K, not its assessed value. Did the RTC acquire
jurisdiction over the action? Explain. 2 points.
ANS:

No, the RTC did not acquire jurisdiction over the action. The
market value of the subject property alleged cannot be the basis
to determine whether the court has jurisdiction over the case
since it is the assessed value which determines the jurisdiction of
the court.

19. D, E and F are solidarily indebted to P for P2.4M in the RTC. P

filed a collection case against D only. Are E and F indispensable
parties? Explain. 2 points.

ANS:

Yes, Indispensable party is party in interest without whom no

final determination can be had of an action and who shall be
joined either as plaintiffs or defendants. For without the presence
of indispensable parties, the judgement of the court cannot attain
real finality.

20. In an ejectment case, the court dismissed the complaint for

failure of the plaintiff to appear during the preliminary
conference. The plaintiff filed a motion for reconsideration of the
dismissal order. The Defendant contends that the dismissal order
had become final and executory since the motion for
reconsideration is a prohibited pleading and hence does not
suspend the reglementary period to appeal. Is the Defendant’s
contention correct? Explain. 2 points.

ANS: