REMEDIAL LAW QUIZ # 2

September 4, 2020
(25 points)

1. After the filing of the complaint, the Clerk of Court assessed the complainant a docket
fee of Php10 Million. Thereupon, the complainant paid the sum in full. Having acquired
jurisdiction over the case, the court issued summons. Within the prescribed period, the
defendant, through counsel, filed his answer. The case was then set for pre-trial and
trial. In the course thereof, it was disclosed that the docket fee is insufficient in the sum
of Php5 Million. Upon knowing such anomaly, the defendant made a manifestation to
the trial court inviting attention to such deficiency and, at the same time move for the
outright dismissal of the civil action contending that the court did not acquire
jurisdiction over the case.

(A)As the trial judge decide with reasons. (5%)

(B) Under what circumstances that as a trial judge your decision will be different from
your answer in question (A)? Reasons. (2%)

2. Fill in the blanks

Demurrer to evidence. – After the plaintiff has completed the presentation of his or her
evidence, the defendant may move for _________ on the ground that upon the facts
and the law the plaintiff has shown __________. If his or her motion is denied, he or she
shall have the ____________. If the motion is ________ but on appeal the order of
dismissal is ________, he or she shall ____________ the right to present evidence. (3%)

3. How is substituted service effected? (7%)

4. In an action for reconveyance of property based on implied trust, the defense of

prescription was not raised in a Motion to Dismiss as the action was brought after 10
years from registration of the property. The CA on appeal considered prescription to bar
the claim for reconveyance. It was contended that it was an error for the CA to consider
prescription since it was not raised in the MTD.

a. Is the contention correct? Explain. (5%)

b. Suppose that a Motion to Dismiss was timely filed in the trial court but the plaintiff
opposes on the ground that it is a prohibited motion. Rule. (3%)
SUGGESTED ANSWERS:

1.

(A)

As the trial judge, I will deny the motion to dismiss.

In one case, it was held by the Supreme Court that where the assessed docket
fees have been paid and the assessment turns out to be insufficient, the court
still acquires jurisdiction over the case, subject to the payment of deficiency
assessment.

It was clearly shown in this case that the Supreme Court acquired jurisdiction
over the case as the assessed docket fees were already paid.

In sum, as the trial judge, I will deny the motion to dismiss.

(B)

The motion to dismiss shall be granted when the deficiency on docket fees is
accompanied with bad faith and an intention to defraud the government.

2. Section 1. Demurrer to evidence. – After the plaintiff has completed the

presentation of his or her evidence, the defendant may move for dismissal on
the ground that upon the facts and the law the plaintiff has shown no right to
relief. If his or her motion is denied, he or she shall have the right to present
evidence. If the motion is granted but on appeal the order of dismissal is
reversed, he or she shall be deemed to have waived the right to present
evidence.

3. Substituted service may be effected by:

(a) By leaving copies of the summons at the defendant’s residence to a person
at least eighteen (18) years of age and of sufficient discretion residing therein;
(b) By leaving copies of the summons at [the] defendant’s office or regular place
of business with some competent person in charge thereof. A competent
person includes, but is not limited to, one who customarily receives
correspondences for the defendant;
(c) By leaving copies of the summons, if refused entry upon making his or her
authority and purpose known, with any of the officers of the homeowners’
association or condominium corporation, or its chief security officer in charge of
the community or the building where the defendant may be found; and
(d) By sending an electronic mail to the defendant’s electronic mail address, if
allowed by the court.

4.
A.

No. Prescription of actions for the reconveyance of real property based on

implied trust is 10 years. The contention that prescription cannot be considered
against them is not correct.
Under Sec. 1, Rule 9 of the Rules of Court, defenses and objections not pleaded
either in a motion to dismiss or in the answer are deemed waived. However,
when it appears from the pleadings or the evidence on record that the court has
no jurisdiction over the subject matter, that there is another action pending
between the same parties for the same cause, or that the action is barred by a
prior judgment or by statute of limitations, the court shall dismiss the claim.

B.

I will grant the motion to dismiss. As a rule, motion to dismiss is a prohibited

motion. One of the exceptions is when the ground thereof is prescription.
Therefore, prescription is a proper ground in a motion to dismiss. (Sec.12[a],
Rule 15)