1. Distinguish between appeal by certiorari and a petition for certiorari.

2. What is the effect of an unverified pleading? How do you verify a pleading?

2.a) A pleading required to be verified that contains a verification based on “information and
belief,” or upon “knowledge, information and belief,” or lacks the proper verification shall have
the following effects:
1. It shall be treated as an unsigned pleadin;
2. It does not necessarily render the pleading defective.
3. The absence of verification may be corrected by requiring an oath. The rule is in keeping with
the principle that rules of procedure are established to secure substantial justice and that
technical requirements may be dispensed with in meritorious cases.

2.b) It is verified by an affidavit of an affiant duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s
certificate of special power of attorney, should be attached to the pleading, and shall allege the
following attestations: 1.The allegations in the pleading are True and correct based on his or her
personal knowledge, or based on authentic documents; 2. The pleading is Not filed to harass,
cause unnecessary delay, or needlessly increase the cost of litigation; and 3. The Factual
allegations therein have evidentiary support or, if specifically so identified, will likewise have
evidentiary support after a reasonable opportunity for discovery.

3. In a Complaint, Juan accuses Maria of borrowing a sum of money worth P 3 Million,

evidenced by a promossory note. In her Answer, Maria alleges that she is without
sufficient knowledge or information as to form a belief as to the truth of the complaint.
What will be the effect of Maria’s allegation in her Answer?

4. Roy filed a Complaint against Elen, Faye, and Ken for accion publiciana. Only Elen filed
an Answer. Summons was not served against Faye, who cannot be found in her
residence. Summons were duly served against Ken, who failed to file an Answer. Can
default be declared? If so, how? If not, why not? Explain.
5. Can a Complaint be Amended after an Answer is already filed? Explain.
6. Can you serve summons: a) by email? b) by publication? c) .by private courier? Explain.
7. Can the Court dispense with a) the parties’ failure to file a pre-trial brief? b) failure of
parties to appear during pre-trial conference? c) pre-trial conference?
8. Today, your client received an adverse judgment. What remedies can you suggest that
the client do? Explain including the reglementary period neeed to be observed.
9. What is the difference between a summary judgment and a judgment on the pleadings?
Explain.
 10. Your client received a judgment for sum of money favorable to him. Explain when and
how is he supposed to execute the judgment so that he will be able to receive the money
at last.

NEYPES RULING

Fresh-Period Rule or Neypes Rule

To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to
appeal their cases, the Court deems it practical to allow a fresh period of 15 days within which
to file the notice of appeal, counted from the receipt of the order dismissing a motion for new
trial or motion for reconsideration.

RENDITION AND ENTRY OF JUDGMENTS AND FINAL ORDERS

(RULE 36)

Rendition of Judgment (2004 BAR)

Rendition of judgment is the filing of the same with the clerk of court. Even if the judgment has
already been put in writing and signed, it is still subject to amendment if it has not yet been filed
with the clerk of court; and before its filing, it does not yet constitute the real judgment of the
court.

PROMULGATION
INTERLOCUTORY ORDER
ENTRY OF JUDGMENT
FINALITY OF JUDGMENT

RULE 45 AND RULE 65