Professional Documents
Culture Documents
SUGGESTED ANSWER: The effect of the failure to file and serve request for admission is that, unless allowed by
the court for good cause shown and to prevent a failure of justice, a party who fails to file
The following civil cases fall under the exclusive original jurisdiction of the RTCs: and serve a request for admission on the adverse party of material and relevant facts at
issue which are, or ought to be, within the personal knowledge of the latter, shall not be
1. Actions where the demand or the value of the property in controversy exceeds allowed to present evidence on such facts.
P300,000, or, in Metro Manila, P400,000, exclusive of damages, attorney’s fees,
litigation expenses, interests, and costs. III
2. Real actions where the assessed value of the real property involved exceeds P20,000, What are the contents of a judicial affidavit? (5%)
or in Metro Manila, P50,000.
3. Actions whose subject matter is incapable of pecuniary estimation. SUGGESTED ANSWER:
4. Probate cases where the gross value of the estate exceeds P300,000, or in Metro
Manila, P400,000. The contents of a judicial affidavit are as follows:
5. Actions not falling within the exclusive jurisdiction of any other court, tribunal, body,
or person, exercising judicial or quasi-judicial functions. (a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of
II the witness and the place where the examination is being held;
[a] Briefly explain the procedure on "Interrogatories to Parties" under Rule 25 and state (c) A statement that the witness is answering the questions asked of him, fully conscious
the effect of failure to serve written interrogatories. (2.5%) that he does so under oath, and that he may face criminal liability for false testimony or
perjury;
[b] Briefly explain the procedure on "Admission by Adverse Party" under Rule 26 and the (d) Questions asked of the witness and his corresponding answers, consecutively
effect of failure to file and serve the request. (2.5%) numbered, that:
SUGGESTED ANSWER: 1. Show the circumstances under which the witness acquired the facts upon which he
(a) testifies;
2. Elicit from him those facts which are relevant to the issues that the case presents;
The procedure on “Interrogatories to Parties” under Rule 25 is briefly explained as follows: and
3. Identify the attached documentary and object evidence and establish their
1. A party desiring to elicit material and relevant facts from an adverse party shall file authenticity in accordance with the Rules of Court;
and serve upon the latter written interrogatories to be answered by the latter.
2. The interrogatories shall be answered fully in writing and shall be signed and sworn to (e) The signature of the witness over his printed name; and
by the person making them. The interrogatories shall be answered within 15 days (f) A jurat with the signature of the notary public who administers the oath or an officer
from service thereof. The answers may be used for the same purposes provided for in who is authorized by law to administer the same.
Section 4 of Rule 23 on depositions.
3. Objections to any interrogatories may be made within 10 days after service thereof. IV
Eduardo, a resident of the City of Manila, filed before the Regional Trial Court (RTC) of
The effect of the failure to serve written interrogatories is that unless allowed by the court Manila a complaint for the annulment of a Deed of Real Estate Mortgage he signed in favor
for good cause shown and to prevent a failure of justice, a party not served with written of Galaxy Bank (Galaxy), and the consequent· foreclosure and auction sale of his
interrogatories may not be compelled by the adverse party to give testimony in open mortgaged Makati property. Galaxy filed a Motion to Dismiss on the ground of improper
court, or to give a deposition pending appeal. venue alleging that the complaint should be filed with the RTC of Makati since the
complaint involves the ownership and possession of Eduardo's lot. Resolve the motion with
(b) reasons. (5%)
The procedure on “Admission by Adverse Party” under Rule 25 is briefly explained as SUGGESTED ANSWER:
follows:
The motion to dismiss on the ground of improper venue should be granted.
1. At any time after issues have been joined, a party may file and serve upon any other
party a written request for the admission by the latter of the genuineness of any Under the Rules of Civil Procedure, the venue of real actions shall be with the proper court
material and relevant document or the truth of any material and relevant matter of having jurisdiction over the area where the real property involved is situated. An action
fact. for annulment of mortgage is a real action if there has already been a foreclosure sale.
2. Each of the matters of which an admission is requested shall be deemed admitted (See Chua v. Total Office Products and Services, 30 September 2005).
unless, within the period designated in the request, which shall not be less than 15
days after service thereof, the party to whom the request is directed files and serves Here there was already a foreclosure sale. Hence the action for annulment of mortgage is
upon the requesting party a sworn statement either denying specifically the matters a real action which should have been filed in Makati where the real property is situated.
V (b)
[a] What is the "most important witness" rule pursuant to the 2004 Guidelines of Pretrial The other remedy the spouses can avail of under the rules to exempt them from paying
and Use of Deposition-Discovery Measures? Explain. (2.5%) the filing fees is to apply for exemption pursuant to the “indigency test” under Section 21,
[b] What is the "one day examination of witness" rule pursuant to the said 2004 Rule 3 of the Rules of Court if they can prove that they have “no money or property
Guidelines? Explain. (2.5%) sufficient and available for food, shelter and basic necessities for [themselves] and their
family.” (Sps. Algura v. City of Naga, 30 October 2006).
SUGGESTED ANSWER:
(a) VIII
The “most important witness” rule pursuant to the 2004 Guidelines of Pretrial and Use of Juan sued Roberto for specific performance. Roberto knew that Juan was going to file the
Deposition-Discovery Measures provides that the judge shall, during the pretrial case so he went out of town and temporarily stayed in another city to avoid service of
conference, determine the most important witnesses to be heard and limit the number of summons. Juan engaged the services of Sheriff Matinik to serve the summons but when
witnesses. the latter went to the residence of Roberto, he was told by the caretaker thereof that his
employer no longer resides at the house. The caretaker is a high school graduate and is
(b) the godson of Roberto. Believing the caretaker's story to be true, Sheriff Matinik left a copy
The “one-day examination of a witness” rule pursuant to the 2004 Guidelines of Pretrial of the summons and complaint with the caretaker. Was there a valid substituted service of
and Use of Deposition-Discovery Measures provides that a witness has to be fully summons? Discuss the requirements for a valid service of summons. (5%)
examined in one day only, subject to the court’s discretion to extend the direct and/or
cross-examination for justifiable reasons. SUGGESTED ANSWER:
Yes, there was a valid service of summons.
VI In a case involving similar facts, the Supreme Court held that there was a valid substituted
Pedro and Juan are residents of Barangay Ifurug, Municipality of Dupac, Mountain service of summons since the defendant was engaged in deception to thwart the orderly
Province. Pedro owes Juan the amount of P50,000.00. Due to nonpayment, Juan brought administration of justice.
his complaint to the Council of Elders of said barangay which implements Here the defendant was also engaged in deception since he temporarily stayed in another
the bodong justice system. Both appeared before the council where they verbally agreed city to avoid service of summons and his caretaker falsely said he no longer resides in the
that Pedro will pay in installments on specific due dates. Pedro reneged on his promise. house. (Sagana v. Francisco, 2 Oct 2009).
Juan filed a complaint for sum of money before the Municipal Trial Court (MTC). Pedro filed
a Motion to Dismiss on the ground that the case did not pass through the barangay The requirements for a valid substituted service of summons are:
conciliation under R.A. No. 7160 and that the RTC, not the MTC, has jurisdiction. In his
opposition, Juan argued that the intervention of the Council of Elders is substantial 1. The defendant, for justifiable reasons, cannot be personally served with summons within
compliance with the requirement of R.A. No. 7160 and the claim of P50,000.00 is clearly a reasonable time.
within the jurisdiction of the MTC. As MTC judge, rule on the motion and explain. (5%) 2. Copies of the summons shall be left at the defendant’s residence with some person of
suitable age and discretion residing therein, or by leaving the copies at defendant’s office
SUGGESTED ANSWER: or regular place of business with some competent person in charge thereof. [Note: The
As MTC judge, I would deny the motion to dismiss. call should be read as referring only to a valid substituted service of summons; otherwise
Under the Rules of Procedure for Small Claims Cases, a motion to dismiss on whatever the answer would be kilometric as there are several ways to serve summons under Rule
ground is a prohibited motion. 14]
Here the complaint falls under the coverage of the Rules of Procedure for Small Claims
Cases since the claim for sum of money did not exceed P100,000. Hence the motion to IX
dismiss filed by Pedro is a prohibited motion and should thus be denied. [Note: [a] Is the buyer in the auction sale arising from an extra-judicial foreclosure entitled to a
Threshold amount was subsequently increased to P200,000] writ of possession even before the expiration of the redemption period? If so, what is the
action to be taken? (1%)
VII [b] After the period of redemption has lapsed and the title to the lot is consolidated in the
Spouses Marlon and Edith have three (3) children ages 15, 12 and 7, who are studying at name of the auction buyer, is he entitled to the writ of possession as a matter of right? If
public schools. They have a combined gross monthly income of P30,000.00 and they stay so, what is the action to be taken? (2%)
in an apartment in Manila with a monthly rent of P5,000.00. The monthly minimum wage [c] Suppose that after the title to the lot has been consolidated in the name of the auction
per employee in Metro Manila does not exceed P13,000.00. They do not own any real buyer, said buyer sold the lot to a third party without first getting a writ of possession. Can
property. The spouses want to collect a loan of P25,000.00 from Jojo but do not have the the transferee exercise the right of the auction buyer and claim that it is a ministerial duty
money to pay the filing fees. of the court to issue a writ of possession in his favor? Briefly explain. (2%)
[a] Would the spouses qualify as indigent litigants under Section 19, Rule 141 on Legal
Fees? (2.5%) SUGGESTED ANSWER:
[b] If the spouses do not qualify under Rule 141, what other remedy can they avail of (a)
under the rules to exempt them from paying the filing fees? (2.5%) Yes, under Section 7 of Act No. 3135, the buyer in such auction sale is entitled to a writ of
possession even before the expiration of the redemption period. The action to be taken is
SUGGESTED ANSWER: to file an ex parte petition for a writ of possession with the RTC furnishing a bond to the
(a) debtor. Upon approval of the bond, the buyer would be entitled to the issuance of a writ of
No, the spouses would not qualify as indigent litigants under Section 19, Rule 141 since possession.
their combined gross monthly income of P30,000 exceeds P26,000, the amount double the
monthly minimum wage. Also under Section 47 of the General Banking Law, the purchaser at a judicial or
extrajudicial foreclosure sale where the mortgagee is a bank shall have the right to enter
and take possession of the property immediately after the date of the confirmation of the sought to be reconsidered is an interlocutory order that does not attain finality. Is Jose
auction sale. correct? Explain. (5%)
XV The accused wants to have the case dismissed because he believes that the charge is
Chika sued Gringo, a Venezuelan, for a sum of money. The Metropolitan Trial Court of confusing and the information is defective. What ground or grounds can he raise in moving
Manila (MeTC) rendered a decision ordering Gringo to pay Chika P50,000.00 plus legal for the quashal of the information? Explain. (5%)
interest. During its pendency of the appeal before the RTC, Gringo died of acute
hemorrhagic pancreatitis. Atty. Perfecto, counsel of Gringo, filed a manifestation attaching SUGGESTED ANSWER:
the death certificate of Gringo and informing the RTC that he cannot substitute the heirs The grounds which the accused can raise in moving for the quashal of the information are
since Gringo did not disclose any information on his family. As counsel for Chika, what the following:
remedy can you recommend to your client so the case can move forward and she can
eventually recover her money? Explain. (5%) 1. THE INFORMATION CHARGES MORE THAN ONE OFFENSE. The information charges two
offenses, that is, rape and sexual abuse. Worse, the charges are stated in the alternative,
SUGGESTED ANSWER: making it unclear to the accused as to what offense exactly he is being charged with.
The remedy I can recommend to my client Chika is to file a petition for settlement of the 2. THE INFORMATION DOES NOT CONFORM SUBSTANTIALLY TO THE REQUIRED FORM.
estate of Gringo and for the appointment of an administrator. Chika as a creditor is an The information merely states that the accused committed acts of lasciviousness upon the
interested person who can file the petition for settlement of Gringo’s estate. Once the victim without specifying what those acts of lasciviousness were.
administrator is appointed, I will move that the administrator be substituted as the
defendant. I will also file my claim against Gringo as a contingent claim in the probate
XVIII but the latter failed to pay. Royal prayed that defendants Ervin and Jude be ordered to pay
John filed a petition for declaration of nullity of his marriage to Anne on the ground of the amount of P1 Million plus interests.
psychological incapacity under Article 36 of the Family Code. He obtained a copy of the
confidential psychiatric evaluation report on his wife from the secretary of the psychiatrist. In their answer, Ervin admitted that he obtained the loan from Royal and signed the PN.
Can he testify on the said report without offending the rule on privileged communication? Jude also admitted that she signed the Surety Agreement. Defendants pointed out that the
Explain. (5%) PN did not provide the due date for payment, and that the loan has not yet matured as the
maturity date was left blank to be agreed upon by the parties at a later date. Defendants
SUGGESTED ANSWER: filed a Motion for a Judgment on the Pleadings on the ground that there is no genuine
Yes, John can testify on the psychiatric report without offending the rule on privileged issue presented by the parties' submissions. Royal opposed the motion on the ground that
communication. the PN' s maturity is an issue that must be threshed out during trial.
In a case involving similar facts, the Supreme Court held that there is no violation of
physician-patient privilege since the one testifying is not the psychiatrist. The privilege [a] Resolve the motion with reasons. (2.5%)
bars only the physician, not other persons. (Krohn v. Court of Appeals, 233 SCRA 146). [b] Distinguish "Summary Judgment" and "Judgment on the Pleadings." (2.5%)
There is no violation of marital communication privilege since the report is not a SUGGESTED ANSWER:
confidential communication between spouses. (a)
There is also no violation of the marital disqualification rule since the case involves an The Motion for Judgment on the Pleadings should be denied.
exception, that is, a civil case by one spouse against the other. Under the Rules of Civil Procedure, a motion for judgment on the pleadings may be filed
only by the plaintiff or the claimant.
XIX Here it was the Defendants, not the Plaintiff Royal Bank, which filed a motion for judgment
Tristan filed a suit with the RTC of Pasay against Arthur King and/or Estate of Arthur King on the pleadings. Hence the motion should be denied.
for reconveyance of a lot declared in the name of Arthur King under TCT No. 1234. The
complaint alleged that "on account Arthur King's residence abroad up to the present and (b)
the uncertainty of whether he is still alive or dead, he or his estate may be served with A summary judgment is distinguished from a judgment on the pleadings as follows:
summons by publication." Summons was published and nobody filed any responsive 1. A summary judgment is proper even if there is a remaining issue as to the amount
pleading within sixty (60) days therefrom. Upon motion, defendants were declared in of damages, while a judgment on the pleadings is proper if it appears that there is no
default and judgment was rendered declaring Tristan as legal owner and ordering genuine issue between the parties.
defendants to reconvey said lot to Tristan. 2. A summary judgment is based not only on the pleadings but also upon affidavits,
depositions, and admissions showing that, except as to the amount of damages, there is
Jojo, the court-designated administrator of Arthur King's estate, filed a petition for no genuine issue, while a judgment on the pleadings is based exclusively upon the
annulment of judgment before the CA praying that the decision in favor of Tristan be pleadings without the presentation of any evidence.
declared null and void for lack of jurisdiction. He claims that the action filed by Tristan is 3. A motion for summary judgment requires 10-day notice (S3 R35), while a motion
an action in personam and that the court did not acquire jurisdiction over defendants for judgment on the pleadings is subject to a 3-day notice rule (S4 R15).
Arthur King and/or his estate. On the other hand, Tristan claims that the suit is an 4. A summary judgment may be prayed for by a defending party (S2 R35), while a
action in rem or at least an action quasi in rem. Is the RTC judge correct in ordering judgment on the pleadings may be prayed for only by a plaintiff or claimant.
service of summons by publication? Explain. (5%)
Under S15 R14, extraterritorial service, which includes service by publication, may be
availed of in actions the subject of which is property within the Philippines in which the
defendant has or claims a lien or interest or in which the relief demanded consists in
excluding the defendant from any interest therein.
Here the action for reconveyance has for its subject a real property in the Philippines in the
defendant’s name and in which the relief sought is to annul the defendant’s title and vest it
in the plaintiff.
While Jojo is correct is saying that the action for reconveyance is in personam (Republic v.
CA, 315 SCRA 600, 606), the test of whether an action is covered by S15 R14 is not its
technical characterization as in rem or quasi in rem but whether it is among those
mentioned in S15 R14. (See Baltazar v. Court of Appeals, 168 SCRA 354, 363).
XX
Royal Bank (Royal) filed a complaint for a sum of money against Ervin and Jude before the
RTC of Manila. The initiatory pleading averred that on February 14, 2010, Ervin obtained a
loan from Royal in the amount of Pl Million, as evidenced by Promissory Note No. 007 (PN)
signed by Ervin. Jude signed a Surety Agreement binding herself as surety for the loan.
Royal made a final demand on February 14, 2015 for Ervin and Jude (defendants) to pay,