1.

An action is the legal and formal demand of ones right from another person made and insisted upon in a court of justice while a motion is an application for relief other than a pleading. A motion is an independent remedy and thus cannot replace an action to enforce a legal right. 2. Elements of a cause of action: a. A right in favor of the plaintiff by whatever means and under whatever law it arises or is created. b. An obligation on the part of the named defendant to respect or not to violate such right c. Act or omission on the part of such defendant in violation of the right of the plaintiff for which the latter may maintain an action for recovery of damages or other appropriate relief. 3. Absence of a cause of action is not a ground for dismissal under Rule 16 of the Rules on Civil Procedure. The ground is that the pleading asserting the claim states no cause of action. The former refers to the failure to prove or to establish by evidence ones stated cause of action while the latter refers to an insufficiency in the allegations of the complaint. 4. Jurisdiction is a matter of substantive law because it is conferred by law. The test of jurisdiction is whether the court has the power to enter into the inquiry and not whether the decision is right or wrong. Jurisdiction over the subject matter is conferred by substantive law which may either be a constitutional provision or statute; while jurisdiction over the subject matter is determined by the allegations of the complaint regardless of whether or not the plaintiff is entitled to the claims asserted therein. 5. Splitting a single cause of action is the act of instituting two or more suits for the same cause of action. It is the practice of dividing one cause of action into different parts and making each part the subject of a separate complaint. The filing of the first may be pleaded in abatement of the other or others and a judgement upon the merits in any one is available as a bar to, or a ground for dismissal of, the others. The remedy of the defendant is to file a motion to dismiss. 6. The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgement rendered therein shall be without prejudice to the right of such necessary party. 7. Yes. The court can order to add a party. Failure to obey the order of the court to add a party is a ground for dismissal of the complaint. 8. For a class suit to prosper, the ff. requisites must concur: a. The subject matter of the controversy must be of common or general interest to many persons. b. The persons are so numerous that it is impracticable to join all as parties. c. The parties actually before the court are sufficiently numerous and representative as to fully protect the interests of all concerned d. The representatives sue or defend for the benefit of all.

9. Non-compliance with the rules on substitution of a deceased party renders the proceedings of the trial court infirm because the court acquired no jurisdiction over the person of the legal representative or heirs of the deceased because no man should be affected by a proceeding to which he is a stranger. 10. Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. 11. The MTC has exclusive original jurisdiction over civil actions involving title to or possession of real property, or any interest therein, where the assessed value of the property does not exceed 20,000 outside Metro Manila or 50,000 in Metro Manila. The amounts mentioned are exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses, and costs. All civil actions which involve title to or possession of real property or an interest therein where the assessed value of the property involved exceeds 20,000 outside Metro Manila or for civil actions in MM where such value exceeds 50,000. 12. Yes. Generally, a motion to dismiss is a prohibited motion in a summary procedure. However, a motion to dismiss may be raised if there is failure to comply with the barangay conciliation proceedings 13. Yes. A case filed in court without compliance with prior Barangay conciliation which is a precondition for formal adjudication may be dismissed upon motion of defendant/s, not for lack of jurisdiction of the court but for insufficiency of the cause of action or prematurity. 14. No. As a rule, the filing of a reply to the answer is not mandatory and will not have an adverse effect on the defendant. Under sec. 10 of rule 6, if a party does not file such reply, all the new matters alleged in the answer are deemed controverted or denied. No admission follows from the failure to file a reply. 15. The affidavit of verification must state that: a. The affiant has read the pleading, and b. That the allegations thereon are true and correct of his personal knowledge or based on authentic records. 16. A pleading required to be verified but lacks the proper verification shall be treated as an unsigned pleading. Hence, it produces no legal effects. The lack of a proper verification is a cause to treat the pleading as unsigned and dismissible. 17. By specifically denying the genuiness and due execution of the document under oath; and Setting forth what he claims to be the facts 18. A negative pregnant is a negative implying also an affirmative and which although is stated in a negative form really admits the allegations to which it relates. 19. Defenses or objections not pleaded either in a motion to dismiss or in the answer are deemed waived. The exceptions to this are a.) lack of jurisdiction over the subject matter, b.) that there is another action pending between the same parties for the same cause (litis pendentia) c.) that the action is barred by the statute of limitations (prescription) d.)res judicata

20. A plaintiff has the right to amend his complaint once at any time before a responsive pleading is served by the other party or in case of a reply to which there is no responsive pleading, at any time within 10 days after it is served. 21. The party may amend his pleading before a responsive pleading is served upon him. Or afterwards with leave of court. 22. Subsituted service is availed of only when there is failure to effect service personally or by mail. This failure occurs when the office and residence of the party or counsel is unknown. It is effected by delivering the copy to the clerk of court with proof of failure of both personal service and service by mail. It is deemed complete at the time of delivery of the copy to the clerk of court. 23. If the defendant cannot be served within a reasonable time, service may be effected by: a. Leaving copies of the summons at the defendants dwelling house or residence with some person of suitable age and discretion then residing therein; or b. Leaving copies at defendants office or regular place of business with some competent person in charge thereof. 24. The Omnibus Motion Rule is a procedural principle which requires that every motion that attacks a pleading, judgement, order or proceeding shall include all grounds then available and all objections not so included shall be deemed waived. 25. Extrinsic fraud refers to any fraudulent act of the prevailing party in litigation committed outside of the trial of the case, whereby the defeated party is prevented from fully exhibiting his side of the case by fraud or deception practiced on him by his opponent, such as by keeping him away from court, by giving him a false promise of a compromise, or where the defendant never had the knowledge of the suit, being kept in ignorance by the acts of the plaintiff, or where an attorney fraudulently or without authority connives at his defeat. 26. No. Barangay Conciliation does not cover disputes involving parties who actually reside in barangays of different cities or municipalities except where such barangay unit adjoin each other and the parties thereto are agree to submit their differences to amicable settlement by an appropriate Lupon. 27. Yes. No complaint, petition, action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication , unless there has been a confrontation between the parties before the lupon chairman or the pangkat. Failure to undergo the barangay conciliation proceedings is noncompliance of a condition precedent. Hence, the case may be dismissed. 28. Intervention is not a matter of absolute right but may be permitted by the court when the applicant shows facts which satisfy the requirements of the statute authorizing intervention. Under our Rules of Court, what qualifies a person to intervene is his possession of a legal interest in the matter in litigation or in the success of either of the parties, or an interest against both; or when he is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or an officer thereof. 29. Section 3. Requisites of motion to postpone trial for absence of evidence. A motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit showing the materiality or relevancy of such, and that due diligence has been used to procure it.

30. Yes. The reception of evidence may be delegated under the ff conditions: a. The delegation may be made only in default or ex parte hearings and in any case where the parties agree in writing. b. The delegation may be made only by the clerk of court who is a member of the bar c. Said clerk of court shall have no power to rule on the evidence objections to any question or to the admission of exhibits; and d. He shall submit his report and the transcripts of the proceedings, together with the objections to be resolved by the court, within 10 days from termination of the hearing. 31. If the motion is granted and the order of dismissal is reversed on appeal, the movant loses his right to present the evidence on his behalf. The appellate court in case it reverses the grant of the motion, should render the judgement therein based on the evidence submitted by the plaintiff. 32. Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse partys pleading, the court may, on motion of that party, direct judgment on such pleading. 33. No. By express provision of law, a judgement for support is immediately executory and enforceable upon their rendition and shall not be stayed by an appeal taken therefrom. 34. The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. 35. Yes. As a rule, an appeal perfected in due time stays the execution of judgement. 36. a. That the damages awarded are excessive b. That the evidence is insufficient to justify the decision or final order, or c. That the decision or final order is contrary to law 37. The order denying a motion for new trial is not appealable. The remedy is to appeal from the judgement or final order on the main case. 38. When a judgement or final order is entered, or any other proceeding is thereafter taken against the petitioner in any court through FAMEN. When the petitioner has been prevented from taking an appeal by fraud, accident, mistake or excusable negligence. 39. The existence of good reasons as justifications for discretionary execution is essential. The good reasons are what confer discretionary power upon the court to issue a writ of execution pending appeal. 40. The following judgments are immediately executor: a. Judgment for injunction b. Judgment for receivership c. Judgment for accounting d. Judgment for support 41. A partys appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. A partys appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time.

42. An order denying a motion for new trial, an order denying motion for relief, an interlocutory order 43. Petition for review since it is in exercise of RTCs appellate jurisdiction. 44. Notice of appeal 45. Actions for annulment of judgment of the RTC, Crimes of Terrorism under Human Securty Act of 2007 46. Yes, it may be issued at any time prior to the judgement or final order. 47. The only issue that may be raised in such a petition is the question of construction or validity of provisions in an instrument or statute. 48. Equity of redemption is the right of the defendant mortgagor to extinguish the mortgage and retain ownership of the property by paying the debt within 90 to 120 days after the entry of judgement or even after the foreclosure sale but prior to confirmation. 49. Yes. Disobedience of or resistance to a lawful writ, process, order or judgement of a court is indirect contempt. 50. The supersedeas bond covers the monetary judgement of the lower court. If the judgement does not make any pronouncement as to the pecuniary liability of the defendant, the bond should not be required.