Remedial Law

1. Distinguish between substantive law and remedial law.

2. Evelyn filed a complaint for a sum of money against Joan but the complaint was later
dismissed for failure to prosecute “within a reasonable length of time.” Thereafter, Evelyn filed another case
based on the same facts against Joan. Joan moved to dismiss the same on the ground that the cause of action
therein is barred by a prior judgment (res judicata). Evelyn opposed the motion claiming that res judicata has
not set in since Joan was not served with summons and the complaint in the first case was earlier dismissed,
so that the trial court never acquired jurisdiction over her person and, consequently, over the case. How
would you decide the motion of Joan? Explain.

3. A complaint filed for recovery of possession of real property also prayed for moral and
exemplary damages the amounts of which have been left to the court’s discretion, and for actual damages
the amount of which shall be proven at the trial. The docket fees for the action involving the real property
have been paid, but not those for the related damages, the amounts of which have not been specified.

(a) Did the court acquire Jurisdiction over the action?

(b) May the action be dismissed?

4. A filed a complaint against Y with the RTC of Argao, Cebu, for payment of a promissory
note in the- sum of P50.000.00, for liquidated damages of P5.000.00 and attorney’s fees of P5.000.00. After
he filed his answer, Y died, but his lawyer did not file a motion to dismiss. In the meantime, Y*s widow filed
with the above court a special proceeding for the settlement of the intestate estate of Y. The widow, Z, was
appointed the administratrix of the estate. A filed in the civil case a motion to have Y substituted by the
administratrix; the latter did not object. The court granted the motion. Trial on the merits was had. In due
course, the court rendered a decision in favor of A. At the time it was rendered, the period to file claims in
the intestate estate of Y had already lapsed. The administratrix, X, did not appeal from the decision; and
after it became final. A moved for the execution of judgment, Z opposed the motion contending that the
decision is void because the claim does not survive. The case should have been dismissed upon the death of
Y since upon his death, the court lost jurisdiction over the case.

(a) Rule on the issue.
(b) If the opposition is without merit, can the writ of execution be validly
issued?
(c) If it cannot be issued, what is the remedy of A?

5. What court has jurisdiction over an action for specific performance filed by a subdivision
homeowner against a subdivision developer? Choose the correct answer. Explain.

1. The Housing and Land Use Regulatory Board

2. The Securities and Exchange Commission
3. The Regional Trial Court
4. The Commercial Court or the Regional Trial Court designated by the
Supreme Court to hear and decide “commercial cases”
 6. Plaintiff filed a complaint for a sum of money against defendant with the MeTC-Makati, the
total amount of the demand, exclusive of interest, damages of whatever kind, attorney’s fees, litigation
expenses, and costs, being PI .000,000. In due time, defendant filed a motion to dismiss the complaint on the
ground of the MeTC’s lack of jurisdiction over the subject matter. After due hearing, the MeTC 11) ruled
that the court indeed lacked jurisdiction over the subject matter of the complaint; and (2) ordered that the
case therefore should be forwarded to the proper Regional Trial Court immediately. Was the court's ruling
concerning jurisdiction correct? Was the court’s order to forward the case proper? Explain briefly.

7. What courts have jurisdiction over the following cases filed in Metro Manila?

(a) An action for specific performance or. In the alternative, for damages In
the amount of P180,000.00
(b) An action for a writ of injunction.
(c) An action for replevin of a motorcycle valued at P150.000.00.
(d) An action for Interpleader to determine who between the defendants is
entitled to receive the amount of P190.000.00 from the plaintiff.
(e) A petition for the probate of a will involving an estate valued at
P200.000.00.

8. Raphael, a warehouseman, filed a complaint against V Corporation. X Corporation and Y

Corporation to compel them to interplead. He alleged therein that the three corporations claimed title and
right of possession over the goods deposited in his warehouse and that he was uncertain which of them was
entitled to the goods. After due proceedings, judgment was rendered by the court declaring that X
Corporation was entitled to the goods. The decision became final and executory. Raphael filed a complaint
against X Corporation for the payment of PI00,000.00 for storage charges and other advances for the goods.
X Corporation filed a motion to dismiss the complaint on the ground of res judicata. X Corporation alleged
that Raphael should have incorporated in his complaint for interpleader his claim for storage fees and
advances and that for his failure he was barred from interposing his claim. Raphael replied that he could not
have claimed storage fees and other advances in his complaint for interpleader because he was not yet
certain as to who was liable therefore. Resolve the motion with reasons.

9. PX filed a suit for damages against DY. In his answer, DY incorporated a counterclaim for
damages against PX and AC, counsel for plaintiff in said suit, alleging in said counterclaim, inter alia, that
AC, as such counsel, maliciously induced PX to bring the suit against DY despite AC’s knowledge of its utter
lack of factual and legal basis. In due time, AC filed a motion to dismiss the counterclaim as against him on
the ground that he is not a proper party to the case, he being merely plaintiff ’s counsel. Is the counterclaim
of DY compulsory or not? Should AC’s motion to dismiss the counterclaim be granted or not? Reason.

10. SPO1 CNC filed with the Metropolitan Trial Court in Quezon City (MeTC-QC) a sworn
written statement duly subscribed by him, charging RGR (an actual resident of Cebu City') with the offense
of slight physical injuries allegedly inflicted on SPS (an actual resident of Quezon City). The Judge of the
branch to which the case was raffled thereupon issued an order declaring that the case shall be governed by
the Rule on Summary Procedure in criminal cases. Soon thereafter, the Judge ordered the dismissal of the
case for the reason that it was not commenced by information, as required by said Rule. Sometime later,
based on the same facts giving rise to the slight physical injuries case, the City Prosecutor filed with the same
MeTC-QC an information for attempted homicide against the same RGR. In due time, before arraignment,
RGR moved to quash the information on the ground of double jeopardy and after due hearing, the Judge
granted his motion. Was the dismissal of the complaint for slight physical injuries proper? Was the grant of
the motion to quash the attempted homicide information correct? Reason.

11. In a complaint for recovery of real property, the plaintiff averred, among others, that he is the
owner of the said property by virtue of a deed of sale executed by the defendant in his favor. Copy of the
deed of sale was appended to the complaint as Annex “A" thereof. In his unverified answer, the defendant
denied the allegation concerning the sale of the property In question, as Well as the appended deed of sale,
for lack of knowledge or information sufficient to form a belief as to the truth thereof. Is it proper for the
court to render judgment without trial? Explain.

12. Jojie filed with the Regional Trial Court of Laguna a complaint for damages against Joe.
During the pre-trial, Jojie and her counsel (sic) failed to appear despite notice to both of them. Upon oral
motion of Jojie, Joe was declared as in default and Jojie was allowed to present her evidence ex parte.
Thereafter, the court rendered its Decision in favor of Jojie. Joe hired Jose as his counsel. What are the
remedies available to him? Explain.

13. Mario was declared in default but before judgment was rendered, he decided to file a motion
to set aside the order of default.

(a) What should Mario state in his motion in order to Justify the setting aside
of the order of default?
(b) In what form should such motion be?

14. A complaint was filed by the counsel for Superior Sales (an entity without a distinct juridical
personality) against Mr. Garcia on a money claim for goods delivered. Mr. Garcia did not file a motion to
dismiss. Eventually, trial was held and his liability was established through several invoices, each of which
uniformly- showed on its face that Mr. Tan is the proprietor of Superior Sales. After Superior Sales had
rested its case. Mr. Garcia filed a motion to dismiss on the ground that, since there is actually no person
properly suing as plaintiff, no relief can be granted by the court. On the other hand, the counsel for Superior
Sales filed a motion to amend the complaint to make it conform to the evidence, that the real party plaintiff
is Mr. Tan. The court denied said motion on the ground that it was filed too late and instead, dismissed the
case. Did the court act correctly? Explain.

15. X, an illegitimate child of Y, celebrated her 18th birthday on May 2, 1996. A month before
her birthday. Y died. The legitimate family of Y refused to recognize X as an illegitimate child of Y. After
countless efforts to convince them, X filed on April 25, 2000 an action for recognition against Z, wife, of Y.
After Z filed her answer on August 14, 2000, X filed a motion for leave to file an amended complaint and a
motion to admit the said amended complaint impleading the three (3) legitimate children of Y. The trial
court admitted the amended complaint on August 22, 2000. What is the effect of the admission of the
amended complaint? Has the action of X prescribed?

16. TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences.
 Summons may be served by mail.

17. Is pre-trial mandatory in all trial courts? Explain.

18. Give three distinctions between a pre-trial in a criminal case and a pre-trial in a civil case.

19. What is reverse trial and when may it be resorted to? Explain briefly.

20. After plaintiff in an ordinary civil action before the ZZ Regional Trial Court has completed
presentation of his evidence, defendant without prior leave of court moved for dismissal of plaintiff s
complaint for insufficiency of plaintiff s evidence. After due hearing of the motion and the opposition
thereto, the court issued an order, reading as follows: “The Court hereby grants defendant’s motion to
dismiss and accordingly orders the dismissal of plaintiff s complaint, with the costs taxed against him. It is so
ordered." Is the order of dismissal valid? May plaintiff properly take an appeal? Reason.

21. On July 15,2009, Atty. Manananggol was served copies of numerous unfavorable judgments
and orders. On July 29, 2009, he filed motions for reconsideration which were denied. He received the
notices of denial of the motions for reconsideration on October 2,2009, a Friday. He immediately informed
his clients who, in turn, uniformly instructed him to appeal. How, when and where should he pursue the
appropriate remedy for each of the following:

(a) Judgment of a Municipal Trial Court (MTC) pursuant to its delegated

jurisdiction dismissing his client’s application for land registration?
(b) Judgment of the Regional Trial Court (RTC) denying his client’s petition
for a Writ of Habeas Data?
(c) Order of a Family Court denying his client’s petition for Habeas Corpus in
relation to custody of a minor child?
(d) Order of the RTC denying his client’s Petition for Certiorari questioning
the Metropolitan Trial Court’s (MeTC’s) denial of a motion to suspend
criminal proceedings?

22. A default judgment was rendered by the RTC ordering D to pay P a sum of money. The
judgment became final, but D filed a petition for relief and obtained a writ of preliminary injunction staying
the enforcement of the judgment. After hearing, the RTC dismissed D's petition, whereupon P immediately
moved for the execution of the judgment in his favor. Should P’s motion be granted? Why?