2aa Villamor Take Home Quiz Compilation

Jordan Myc V.
Villamor Civil Procedure University of Santo Tomas

2AA Take Home Quiz August 26, 2022
I. THQ #01
1. Differentiate Remedial law from Substantive law.
On one hand, Substantive Law refers to those that “creates, defines or regulates rights
concerning life, liberty or property, or the powers of agencies or instrumentalities for the
administration of public affairs” (Primicias v. Ocampo, G.R. No. L-6120, Jun. 30, 1953). It
also refers to the powers of agencies for the administration of public affairs; if violated,
there will be a cause of action (Bustos v. Lucero, G.R. No. L-2068, Oct. 20, 1948).
Congress enacts these laws; Substantive Law creates vested rights and is generally
prospective in its application.
On the other hand, Remedial Law or adjective law prescribes the method of enforcing
rights [and obligations created by Substantive Law] or obtains redress for [the] invasion
[of Substantive Laws] (Primicias v. Ocampo, G.R. No. L-6120, Jun. 30, 1953). The
Supreme Court promulgates such laws; Remedial Law does not create vested rights and
may be applied retroactively.
2. Discuss the rule-making power of the Supreme Court and its limitations.
The Supreme Court has the power to promulgate rules concerning: 1) the protection and
enforcement of constitutional rights, 2) pleading, practice, and procedure in all courts, 3)
the admission to the practice of law, 4) the integrated bar, and 5) legal assistance to the
underprivileged (Sec. 5[5], Article VIII, 1987 Constitution).
However, this rule-making power of the Supreme Court is limited: 1) the rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases; 2) the
rules must be uniform for all the courts of the same grade; and 3) The rules must not
diminish, increase or modify substantive rights (Sec. 5 [5], Art. VIII, 1987 Constitution).
3. Explain the following:
a. Liberal Construction principle
This principle is invoked when construing the Rules of Court; this is so in order to promote
the objective of securing a just, speedy, and inexpensive disposition of every action and
proceeding (Sec. 6, Rule 1, Rules of Court).
b. Power of the Supreme Court to amend and suspend the rules
The Supreme Court has the power to amend and suspend the rules only in the most
exceptional circumstances for compliance to these procedural rules is the general rule
(Pilapil v. Heirs of Briones, G.R. No. 150175, 10 Mar. 2006).
c. Philippine Courts being both courts of law and equity
Philippine Courts dispense legal and equitable jurisdiction (US v. Tamparong, G.R. No.
9527. Aug. 23, 1915). Equity, however, does not apply when there is an applicable law to
a case (Smith Bell and Company [Philippines], Inc. v. Court of Appeals, G.R. No. L-56294,
May 20, 1991); it is applied only in the absence of law and is never availed against
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Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
statutory law or judicial pronouncements (Velez v. Demetrio, G.R. No. 128576, Aug.13,
2002).
d. Principle of the judicial hierarchy
This principle states that lower courts shall initially decide a case before a higher court;
the latter will not entertain direct resort to the case unless the redress desired cannot be
obtained in the appropriate courts (Santiago v. Vasquez, G.R. Nos. 99289-90, Jan. 27,
1993).
e. The doctrine of judicial stability
This doctrine states that courts of equal and coordinate jurisdiction cannot interfere with
each other’s orders (Lapu-Lapu Development and Housing Corporation v. Group
Management Corporation, G.R. Nos. 167000 and 169971, Jun. 8, 2011); it prevents a
court from interfering with the judgment of another court over which it has no appellate
jurisdiction.
f. The doctrine of primary jurisdiction
This doctrine states that if the expertise, specialized training, and knowledge of an
administrative body is required in the determination of a case, relief must first be obtained
in an administrative proceeding before resort to the courts is had, even if the matter may
well be within their proper jurisdiction (Euro-Med Laboratories, Phil., Inc. v. The Province
of Batangas, G.R. No. 148106. Jul. 17, 2006).
g. The doctrine of exhaustion of administrative remedies
This doctrine states that when an administrative remedy is provided by law, relief must
be sought by exhausting all administrative remedies before judicial intervention may be
availed of (Dimson, Inc. and Phesco, Inc. v. Local Water Utilities Administration, G.R. No.
168656, Sept. 22, 2010).
h. The doctrine of adherence to jurisdiction or principle of continuity of jurisdiction
In general, this doctrine states that once attached, the jurisdiction of the court cannot be
ousted by subsequent events and retains jurisdiction until it finally disposes of the case
(Aruego, Jr., v. Court of Appeals, G.R. No. 112193, 13 Mar. 1996).
4. Distinguish the following Philippine courts:
a. Courts of original and appellate jurisdiction
Courts with the original jurisdiction take judicial cognizance of a case instituted for judicial
action for the first time under conditions provided by law. Meanwhile, courts with appellate
jurisdiction hold a higher authority to re-examine a lower court’s final order or judgment
that tried a case now elevated for judicial review (Garcia v. De Jesus, G.R. Nos. 88158 &
97108-09, Mar. 4, 1992).
b. Courts of general and special jurisdiction
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Courts of general jurisdiction refer to those with the competence to decide on their own
jurisdiction and take cognizance of all cases (either civil and criminal), while courts of
special jurisdiction refer to those that have jurisdiction only for a particular purpose, are
vested with special powers for the performance of special duties beyond which they have
no authority of any kind. (Riano, 2019)
c. Constitutional and statutory courts
On one hand, constitutional courts are those created by the Constitution; only the
Supreme Court falls under this. On the other hand, statutory courts are those created by
law. There are six, namely: 1) the Court of Appeals, 2) the Regional Trial Court, 3) the
Municipal Trial Court, 4) the Sandiganbayan, 5) the Court of Tax Appeals, and 6) the
Shari’a Court. These courts have jurisdiction over all causes and proceedings prescribed
by law for courts.
d. Courts of law and equity
Philippine Courts are both courts of law and equity, dispensing legal and equitable
jurisdiction (US v. Tamparong, G.R. No. 9527. Aug. 23, 1915). Equity, however, does not
apply when there is an applicable law to a case (Smith Bell and Company [Philippines],
Inc. v. Court of Appeals, G.R. No. L-56294, May 20, 1991); it is applied only in
the absence of law and is never availed against statutory law or judicial pronouncements
(Velez v. Demetrio, G.R. No. 128576, Aug.13, 2002).
5. Define the following kinds of jurisdiction and explain how it is acquired.
a. Jurisdiction over the parties
This jurisdiction refers to the court’s legal power placed on a person in order to render
judgment for or against them.
b. Jurisdiction over the subject matter
This jurisdiction refers to the power to hear and determine cases of the general class to
which the proceedings in question belong; in general, it cannot be waived, enlarged, or
diminished by the stipulation of the parties (Republic v. Estipular, G.R. No. 136588, Jul.
20, 2000).
c. Jurisdiction over the res
This jurisdiction refers to the court’s jurisdiction over the thing or property that is the
action’s subject. (Riano, 2019)
d. Jurisdiction over the issues
This jurisdiction refers to the power of the court to try and decide the issues raised in the
pleadings of the parties. (Reyes v. Diaz, G.R. No. L-48754, Nov. 26, 1941)
6. Differentiate jurisdiction from venue in civil and criminal cases.
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Venue refers to the place or geographical area where an action is to be filed and tried.
(Manila Railroad Company v. Attorney General, G.R No. 6287, Dec. 1, 1911). It is a matter
of procedural law; it may be stipulated by the parties, and can only be objected to before
the other party files a responsive pleading.
Jurisdiction refers to the power of the court to hear and decide a case. It is a matter of
substantive law; it cannot be stipulated by the parties and can be brought up at any point
of the proceedings.
7. Distinguish jurisdiction and exercise of jurisdiction
On one hand, jurisdiction refers to the authority to hear and decide cases; it is
independent from the regularity of the exercise of that power or the rightfulness of the
decision made. (Lim, et al. v. Hon. Felipe Pacquing, et al., G.R. No. 115044, Sept. 1,
1994).
On the other hand, the exercise of jurisdiction refers to any act of the court in accordance
to said authority, which includes decision-making. If there is jurisdiction over the person
and subject matter, the resolution of all other questions arising in the case is an exercise
of jurisdiction. (Herrera v. Baretto, G.R. No. 8692, Sept. 10 1913; Palma v. Q&S, Inc.,
G.R. No. L-20366, May 16, 1966)
8. How jurisdiction is conferred and determined
This jurisdiction is conferred by law (Magno v. People of the Philippines, G.R. No. 171542,
Apr. 6, 2011). To determine a court's or an administrative body's jurisdiction over a subject
matter, allegations in the complaint must be examined (Padlan v. Dinglasan, G.R. No.
180321: Mar. 20, 2013).
9. Enumerate the jurisdiction of the following:
a. The Supreme Court
The Supreme Court has original jurisdiction over cases affecting ambassadors, other
public ministers, and consuls and original and exclusive jurisdiction in petitions for the
issuance of writs of certiorari, prohibition, and mandamus against the Court of Appeals.
They also have exclusive jurisdiction to review, revise, reverse, modify, or affirm on
appeal, certiorari or writ of error, as the law or rules of court may provide, final judgment
and decrees of inferior courts (Sec. 17, R.A. 296).
b. Court of Appeals
The Court of Appeals has exclusive appellate jurisdiction over all cases, actions, and
proceedings not enumerated in section seventeen of this Act, properly brought to it from
Courts of First Instance. The decision of the Court of Appeals in such cases shall be final:
Provided, however, That the Supreme Court, in its discretion, may, in any case involving
a question of law, upon petition of the party aggrieved by the decision and under rules
and conditions that it may prescribe, require by certiorari that the said case be certified to
it for review and determination as if the case had been brought before it on appeal (Sec.
29, R.A. 296).
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The Court of Appeals also has original jurisdiction to issue writs of mandamus,
prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and
processes in aid of its appellate jurisdiction (Sec. 30, R.A. 296).
c. Court of Tax Appeals
The Court of Tax Appeals has exclusive appellate jurisdiction to review by appeal, as
herein provided:
(1) Decisions of the Collector of Internal Revenue in cases involving disputed
assessments, refunds of internal revenue taxes, fees or other charges, penalties
imposed in relation thereto, or other matters arising under the National Internal
Revenue Code or other law or part of law administered by the Bureau of Internal
Revenue;
(2) Decisions of the Commissioner of Customs in cases involving liability for customs
duties, fees or other money charges; seizure, detention or release of property
affected fines, forfeitures or other penalties imposed in relation thereto; or other
matters arising under the Customs Law or other law or part of law administered by
the Bureau of Customs; and
(3) Decisions of provincial or city Boards of Assessment Appeals in cases involving
the assessment and taxation of real property or other matters arising under the
Assessment Law, including rules and regulations relative thereto (Sec. 7, R.A.
1125).
d. Sandiganbayan
The Sandiganbayan has exclusive original jurisdiction in all cases involving:
(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-
Graft and Corrupt Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and employees including those employed in
government-owned or controlled corporations, embraced in Title VII of the Revised
Penal Code, whether simple or complexed with other crimes; and
(c) Other crimes or offenses committed by public officers or employees, including
those employed in government-owned or controlled corporations, in relation to
their office (P.D. 1606, as amended).
e. Regional Trial Court
In civil cases, Regional Trial Courts have exclusive original jurisdiction:
(1) In all civil actions in which the subject of the litigation is incapable of pecuniary
estimation;
(2) In all civil actions which involve the title to, or possession of, real property, or any
interest therein…
(3) In all actions in admiralty and maritime jurisdiction…
(4) In all matters of probate, both testate and intestate…
(5) In all actions involving the contract of marriage and marital relations…
(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or
body exercising jurisdiction or any court, tribunal, person, or body exercising
judicial or quasi-judicial functions…
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(7) In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of
Agrarian Relations as now provided by law…
(8) In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs or the value of the property in
controversy… (Sec. 19. Chapter II, B.P. 129).
In criminal cases, Regional Trial Courts have original jurisdiction in all criminal cases not
within the exclusive jurisdiction of any court, tribunal, or body, except those now falling
under the exclusive and concurrent jurisdiction of the Sandiganbayan, which shall
hereafter be exclusively taken cognizance of by the latter (Sec. 20. Chapter II, B.P. 129).
f. Family Courts
The Family Courts have exclusive original jurisdiction to hear and decide the following
cases:
a) Criminal cases where one or more of the accused is below eighteen years of age;
b) Petitions for guardianship, custody of children, habeas corpus in relation to the
latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those
relating to marital status and property relations of husband and wife or those living
together under different status and agreements, and petitions for dissolution of
conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order
No. 209, otherwise known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected
children, petitions for voluntary or involuntary commitment of children; the
suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of
1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act," as amended
by Republic Act No. 7658; and
k) Cases of domestic violence against women and children (Sec. 5, R.A. 8369).
g. Metropolitan Trial Courts/Municipal Trial Courts
Municipal Trial Courts and Municipal Circuit Trial Courts, in criminal cases, shall exercise:
(1) Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction and
(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine and regardless of other
imposable accessory or other penalties, including the civil liability arising from such
offenses or predicated thereon (Sec. 32, B.P. 129).
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In civil cases:
(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate
and intestate, including the grant of provisional remedies in proper cases…
(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer…
(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession
of, real property, or any interest therein where the assessed value of the property
or interest therein does not exceed Twenty thousand pesos…
h. Sharia’h Courts
The Sharia’h Courts have original jurisdiction over the following:
(1) All cases involving custody, guardianship, legitimacy, paternity and filiation arising
under P.D. 1083
(2) All cases involving disposition, distribution and settlement of the estate of a
deceased Muslim, probate of wills, issuance of letters of administration or
appointment of administrators or executors regardless of the nature or the
aggregate value of the property
(3) Petitions for declaration of absence and death and for cancellation and correction
of entries in the Muslim Registries mentioned in Title VI, Book 2 of P.D. 1083;
(4) All actions arising from customary contracts in which the parties are Muslims if they
have not specified which law shall govern their relations;
(5) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and
all auxiliary writs and processes in aid of its appellate jurisdiction;
10. Explain the concept of Judicial Power
The concept of Judicial Power refers to the duty of the courts of justice to 1) settle actual
controversies involving rights that are legally demandable and enforceable and 2) to
determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the Government.
(Sec. 1, Art. VIII, 1987 Constitution).
11. What is a Court? Distinguish a Court from a Judge
In this context, a Court refers to a tribunal that is presided by a judge; it is an institution
with the authority to adjudicate legal disputes between parties and administer judgment
by applying the law.
12. What are the classifications of Courts in the Philippines? Explain.
There are three classifications of courts in the Philippines, namely, 1) the constitutional
court which deals with matters concerning the Constitution, 2) the statutory courts which
deal with matters concerning the law, and 3) the special courts which possess specific
jurisdiction over specific matters (i.e. the Sharia’h Courts).
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II. THQ #02

1. What are the cases that are covered by the Katarungang Pambarangay law (P.D.
1508; R.A. 7610 as amended)?
The cases covered by the Katarungang Pambarangay Law (P.D. 1508; R.A. 7610 as
amended) are barangay-level disputes or offenses such as personal injuries, property
disputes, and settlement of accounts; these should be between persons actually residing
in the same barangay, or different ones within the same city/municipality.
2. Explain the rules and procedure in the conduct of Barangay Conciliation, Mediation
and arbitration
After paying the appropriate filing fees, a person with a cause of action against another
may complain orally or in writing to the Lupon, provided that the matter is within their
authority. Following this, the Lupon chairman will summon the parties within the next
working day upon receiving the complaint. All appearances must be in person before the
Katarungang Pambarangay and without the assistance of legal counsel. The complaints
will be relayed to said respondents along with their witnesses to mediate the conflict of
interests. Failure to mediate within 15 days from the first meeting will lead to setting a
date to meet with the Pangkat ng Tagapagsundo (Section 410 [b], LGC 1991).
3. Explain the rules on venue under the Katarungang Pambarangay law.
On venue, the Katarungang Pambarangay law states that cases are to be filed in the
barangay where the dispute took place and must be where the parties actually reside
(Sec. 409, LGC).
4. What cases does the Katatrungan Pambarangay Law not cover?
The cases not covered by the Katatrungan Pambarangay Law are those not subject to
amicable settlement in 1) where one party is the government or any subdivision or
instrumentality thereof, 2) where one party is a public officer or employee, and the dispute
relates to the person 3) offenses punishable by imprisonment exceeding one year or a
fine of P5, 000.00, 4) offenses where no private party or individual is offended, 5) where
the dispute involves real properties located in different cities or municipalities, unless the
parties thereto agree to submit their differences to amicable settlement by an appropriate
lupon, 6) disputes involving parties who actually reside in barangays of different cities or
municipalities, and 7) other classes of disputes which the President of the Philippines may
determine in the interest of justice or upon the recommendation of the Secretary of Justice
(Sec. 408, LGC).
5. When parties may directly go to court without undergoing Barangay conciliation or
mediation?
Parties may directly go directly to court without undergoing Barangay conciliation or
mediation under such instances: 1) there is a need for a restraining order, 2) it is an issue
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involving violence against women and children, and 3) and it involves the protection of a
person’s life, liberty, or security (Section 412 [b] LGC, 1991).
6. When and where may the parties execute a compromise agreement? Explain.
Parties may execute a compromise agreement any time before the court’s jurisdiction
over the dispute. Such agreement must be in writing and signed by the parties, and
executed before the Lupong or another authorized officer.
7. Can a compromise agreement be repudiated?
A compromise agreement can be renounced if there is vitiation of consent (via fraud,
violence, or intimidation) or mutual mistake. It is generally considered final and binding
on the parties (Sec. 418, LGC, 19999).
8. Explain the rules for execution of the compromise agreement
In executing a compromise agreement, it may be enforced by execution by the Lupon
within six months from the settlement. If the period has lapsed, it may be enforced by
action in the appropriate court. The enforcement by execution of the compromise
agreement is applicable unless the contracting parties deny such settlement. (Sec. 417,
LGC, 1991)
III. THQ #03

1. What are the exceptions to the coverage of the Rules of Court?
Election cases, land registration, cadastral, naturalization, and insolvency proceedings,
and other cases by analogy or suppletory character and whenever practicable and
convenient are the exemptions to the coverage of the Rules of Court (Sec. 4, Rule 1,
Rules of Court).
2. May procedural rules be given retroactive effect? Explain
Procedural rules may be given retroactive effect. This is the case only when the
retroactive effect does not affect any vested rights or disturb settled proceedings. Thus,
in general, procedural rules that are curative/procedural (and not encroach upon
substantive rights) may be given retroactive effect.
3. Define and Distinguish and Give examples of the following:
a. personal actions and real actions
On one hand, personal actions refer to the recovery of personal property, the enforcement
of a contract or the recovery of damages (Chua v. TOPROS, G.R. No. 152808, Sept. 30,
2005). Actions for the collection of a sum of money, annulment of a marriage, and for
damages are examples of this.
9
On the other hand, real actions refer to when title to or possession of real property, or
interest therein are affected (Sec. 1, Rule 4, ROC). Ejectment and Accion Reinvindicatoria
are examples of this.
b. local from transitory actions
In regards to venue, local actions must be brought in a particular place where the subject
property is located unless there is an agreement to the contrary. Meanwhile, transitory
actions depend on the place where the party resides, no matter where the cause of action
took place (Sec. 4, Rule 4, Rules of Court).
c. in personam, in rem, and quasi in rem actions
Action in rem refers to proceedings to determine the property’s title, status, or condition
within its borders.
Action in personam refers to proceeding to enforce personal rights and obligations
brought against the person; it imposes, through the judgment of a court, some
responsibility or liability directly upon the person of the defendant.
Quasi-in-rem actions refer to proceedings to subject the property of the named defendant
or his interests therein to the obligation or lien burdening the property (Domagas v.
Jensen, G.R. No. 158407, Jan. 17, 2005).
4. What is a cause of action? What are the elements of a cause of action?
A cause of action is an act or omission by which a party violates a right of another (Sec.
2, Rule 2, Rules of Court). The elements of a cause of action are: a) a legal right in favor
of the plaintiff; b) a Correlative legal duty of the defendant to respect such rights; and c)
an Act or omission on the part of such defendant in violation of the right of the plaintiff.
5. Distinguish failure to state a cause of action from lack of cause of action.
A failure to state a cause of action refers to the insufficiency of allegation in the pleading
(Dabuco v. Court of Appeals, G.R. No. 133775, Jan. 20, 2000), and may be raised as an
affirmative defense in the defendant’s answer (Sec. 12, Rule 8, Rules of Court).
Meanwhile, a lack of cause of action refers when the evidence does not sustain the cause
of action (Domondon v. Lopez, A.M. No. RTJ-02-1696, Jun. 20, 2002); it is raised in an
objection to evidence after the plaintiff has rested his case. (Enojas v. COMELEC, G.R.
No. 129938, Dec. 12, 1997).
6. Explain the rules on splitting a cause of action. Give examples.
Splitting a cause of action refers to the act of instituting two or more suits on the basis of
the same cause of action (Sec. 4, Rule 2, Rules of Court). Splitting a single cause of
action is discouraged as it would lead to the multiplicity of suits which leads to
complications in litigation.
7. Explain the rules on joinder and misjoinder of causes of action. Give examples.
10
Joinder of causes of action refers to the assertion of as many causes of action a party
may have against another in one pleading alone (Sec. 5, Rule 2, Rules of Court). It is the
process of uniting two or more demands or rights of action in one action. A misjoinder of
causes of action occurs when two or more causes of action were joined in one complaint
when they should not be so joined.
8. Who may be parties in a civil action?
The parties in a civil are the plaintiff who brings the lawsuit and the defendant who is
being sued. There may be multiple persons in either party.
9. Explain the rules on the following:
(i) Real party in interest
A real party in interest refers to those who possess a direct and substantial interest in the
subject matter.
(ii) Indispensable party
An indispensable party refers to those who possess the necessary presence in order for
the court to effectively settle the dispute.
(iii) Necessary party
A necessary party refers to those with interest connected to the controversy. Their
presence is required to resolve the dispute completely; however, the case is not
necessarily dismissed in the instance of their absence.
(iv) Representative as parties
Representatives refer to administrators, guardians, trustees, or the like that may sue or be sued
on behalf of the person they represent, usually due to that said person's incapacity.
(v) Spouses as parties

Spouses as parties refer to how a husband and wife are required to be joined as co-parties in
cases involving their conjugal/community property.
(vi) Minor or incompetent persons

Minors/incompetent persons refer to those who are incapable of representing themselves
and thus require representatives.
(vii) Unwilling co-plaintiff
An unwilling co-plaintiff refers to when a person refuses to join the action, they are
deemed to be so and the case may proceed without them.
(viii) Alternative defendants
Alternate defendants refer to those named by a plaintiff who is uncertain about who
exactly is responsible for the grievance.
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(ix) Unknown identity or name of defendant

Unknown identity/name of defendant refers to when the unnamed party is identified under
a fictitious name and subsequently named after discovery.
(x) Entity without juridical personality as defendant
An entity without juridical personality refers to entities like groups without legal recognition
where their members become defendants.
(xi) Transfer of interest
Transfer of interest refers to the subject matter being transferred during the pendency of
the case to another as long as it benefits the new party.
(xii) Indigent party
An indigent party refers to those who cannot afford the costs of litigation; he/she avails
legal assistance with the court.
(xiii) Locus standing
Locus standi refers to a party’s legal standing, ensuring that those directly affected by the
case have the right to initiate action.
(xiv) Citizen’s suit
A citizen's suit refers to how any citizen possesses the right to bring an action to enforce
environmental laws without necessarily being directly injured or affected by the violation.
10. Explain the rule on compulsory and permissive joinder of parties.
Compulsory Joinder refers to the joinder of all necessary parties to avoid multiple suits
and fully settle a dispute.
11. Explain the rule on misjoinder or non-joinder parties.
On one hand, when parties are improperly joined, it leads to the occurrence of a
misjoinder; on the other hand, a non-joinder happens when necessary parties are absent
from the joinder.
12. What is class suit? Enumerate the requisites. Give examples.
A class suit refers to when a larger group is represented by one or more individuals push
for an action due to having a common interest.
13. Explain the rules on entities without juridical personality
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An entity without juridical personality refers to entities like groups like companies or
associations; when a suit is filed against these entities, its members/associates act as
representatives.
14. What is the effect of the death of a party during the pendency of an action? Explain
the rule on the death of a party on contractual money claims.
In case of the death of a party, the case proceeds; a legal representative of the deceased
party takes his/her place.
15. Explain the rules on transfer of interest.
Transfer of interest refers to the subject matter being transferred during the pendency of
the case to another as long as it benefits the new party.
16. What is venue? Is the venue in civil cases considered jurisdictional?
Venue refers to the geographical location where a case take place in court; however, it is
not jurisdictional.
17. Differentiate venue and jurisdiction.
Venue is determined to be where a case should be filed or where things took place;
meanwhile, jurisdiction refers to the court's authority to handle a case.
18. Explain when the rules on venue under the Rules of Court do not apply.
Cases under the Family Code, among others, are those where the Rules of Court do not
apply.
19. Please explain the following rules on venue:
(i) personal actions
Personal actions refer to the recovery of personal property, the enforcement of a contract
or the recovery of damages.
(ii) real actions
Real actions refer to when title to or possession of real property, or interest therein are
affected
(iii) actions against non-resident defendants
Actions against non-resident defendants is determined with where the defendant resides
or where the subject property is situated.
20. Explain the rules on stipulation on venue
If the stipulation does not go against public policy, parties can stipulate on a specific
venue.
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Jordan Myc V.

Villamor Civil Procedure University of Santo Tomas

II. THQ #02

III. THQ #03

(v) Spouses as parties

(vi) Minor or incompetent persons

(ix) Unknown identity or name of defendant

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