MIDTERM EXAMINATION

1. Plaintiff filed a complaint for foreclosure of a parcel of land located at Peñablanca, Cagayan
which was mortgaged to him by the defendant debtor with an assessed value of P25,000.00
before the MTC of Peñablanca Cagayan. The counsel lists as one of his affirmative defenses lack
of jurisdiction.
a. What kind of action was filed by the plaintiff?
- real action, it affects title to or possession of
b. If you were the judge, would you dismiss the complaint? Why or why not?
- 25,000-> MTC, based on the assessed value

2. The City Mayor of Tuguegarao City decided to construct a farm to market road which would take
a portion of the property of Juan dela Cruz which had an assessed value of P100,000.00. If you
were the City Legal Counsel where would you file the expropriation case? Why?
- RTC, expropriation

3. A complaint was filed before the MTCC of Tuguegarao City for recovery of possession,
cancellation of title over a parcel of land located at Carig Norte which had an assessed value of
P20,000.00. The MTC rendered decision in favor of the defendant. Within the reglementary
period, the plaintiff appealed the decision to the Regional Trial Court of Tuguegarao. If you were
the RTC Judge, how would you rule on the appeal.
- Did the MTC have jurisdiction? None, it is incapable of pecuniary estimation -> RTC
- The appellant appealed the case to the RTC, do not dismiss the case because you have
jurisdiction now, hence, decide the case.

4. Pedro Soriano filed before the MTCC of Tuguegarao City a complaint for Collection of Sum of
Money from Jose claiming that Jose failed to pay his obligation to him in the total amount of
P200,000.00. In his answer, Jose alleged that Pedro is in possession of his rice land located at
Pacu, Solana, Cagayan thus sets up as his counterclaim recovery possession and damages.
a. If you were the MTCC judge, would you acquire jurisdiction over the case for sum of money?
- 200,000 -> MTC; counterclaim (recovery of possession) -> RTC
- permissive counterclaim will be severed
b. How would you rule on the counterclaim?
- MTCC judge will continue with the sum of money case, but will not rule on the counterclaim
because he has no jurisdiction over the case

5. Explain the following and give examples:

a. Permissive counterclaim vs. Compulsory counterclaim;
b. Negative defense vs. Affirmative defense;
c. Cross-claim vs. 3rd party complaint vs. counterclaim;
d. Complaint vs. Answer vs. Reply;
e. Jurisdiction vs. Venue

6. The plaintiff included Juan Soriano as an un-willing co-petitioner. Upon being informed of the
inclusion, Juan goes to you and informs you that he does not want to be included in the petition.
As his lawyer, what will you file?
- Dismissal of the case
- Unwilling co-petitioner -> implead him as a co-defendant

7. A case for specific performance was filed against Ricardo because despite full payment of the
purchase price, he refused to execute a registerable deed of sale in favor of Ronnie, the buyer.
While the case was going-on, Ricardo died. Will the case survive the death of the defendant?
- Why did the buyer file such case? Because the seller refused to sign the DOS despite payment
in full. The action affects property and property rights, hence, the action survives.
8. In a contract entered into between Rosa Rivera and Petra Petita who are both residents of
Claveria and Sta. Ana, Cagayan respectively, it was agreed that any case filed arising from the
contract would be tried and heard in the court of proper jurisdiction in the province of Cavite.
Thereafter because of a falling-out, Rosa filed a complaint against Petra before the MTC of Imus,
Cavite. After trial, the MTC Imus found that Rosa could prove her claim. Petra filed an appeal
alleging that the case should have first been dismissed because of wrong venue. If you were the
Court, how would you rule?
- Can the question of venue be raised for the first time in an appeal? No, venue can be waived, but
not jurisdiction.
- The court cannot even motu proprio dismiss the complaint.