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JURISDICTION: COMPREHENSIVE FINAL EXAMINATION

AY 2019-2020
Atty. Deanne Mhel C. Clemencia-Bayalan

INSTRUCTIONS

1. This questionnaire contains seven (7) pages including this page. Check the
number of pages and their proper sequencing.

Read each question very carefully and write your answers in your yellow
paper in the same order as the questions. Write your answers only on the
front page of every sheet. Note well the allocated percentage points for each
question or sub-question. In your answers, use the numbering system in the
questionnaire.

2. Answer the questions legibly, clearly, and concisely. Start each answer on
a separate page. An answer to a sub-question under the same number may
be written continuously on the same page and the immediately succeeding
pages until completed.

3. Your answer should demonstrate your ability to analyze the facts, apply
the pertinent laws and jurisprudence, and arrive at a sound or logical
conclusion. Always support your answer with the pertinent laws, rules,
and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING

EXPLANATION OR DISCUSSION WILL NOT BE GIVEN FULL CREDIT.
THUS, ALWAYS BRIEFLY BUT FULLY EXPLAIN YOUR ANSWERS
ALTHOUGH THE QUESTION DOES NOT EXPRESSLY ASK FOR AN
EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION.

I.

TOKYO and DENVER, a resident of Makati City, entered into a contract of

lease last August 9, 2018. Under the said contract of lease, TOKYO will rent
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DENVER’s 200 sq. m-house and lot in Cubao, Quezon City for a period of
five years which will commence upon the signing of their written contract.
The Contract of Lease contains a stipulation that: “The parties agree to sue
and be sued in the courts of Manila.” The monthly rent is Php 40,000.00. The
assessed value of DENVER’s property is Php 300,001.00. Its zonal value is
Php 400,000.00. TOKYO failed to pay the monthly rent for ten months
amounting to Php 400,000.00. Hence, DENVER sent a final demand letter
against TOKYO last January 31, 2020 demanding the latter to vacate the
leased premises. For failure of TOKYO to vacate the leased premises,
DENVER filed an ejectment case against TOKYO last March 1, 2020.

a. What court has jurisdiction over the case, include the

venue? Why? (10pts.)
b. If the final demand letter sent by Denver reads: “Pay AND
vacate the premises on or before xxxx,” what court has
jurisdiction of the case should Denver decide to file an
action against Tokyo? Explain. (10 pts.)

II.

PEACH has been in possession of an unregistered land in Silang, Cavite. The

said land has an assessed value of Php 20,000.00 and a zonal value of Php
30,000.00. Although nobody contested the continuous and peaceful
possession of PEACH, she sought the advice of her good friend, ATTY.
MARIO on how to protect her interest of the said unregistered land. ATTY.
MARIO directed PEACH to file a petition and register the land in her name.
PEACH asked ATTY. MARIO to help her with the registration process and
the filing of the petition.

a. If you are ATTY. MARIO, which court will you file the petition of
PEACH to register her land, assuming that there is no controversy or
opposition? Why? (5pts)
b. What if it is a contested lot and the value of which is Php 100,000.00?
Why? (5pts)
i. Assuming the petition will be appealed, what court has
jurisdiction over the appeal? Explain. (5pts).
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III.

GANON was arrested for allegedly killing RHOAM, a resident of Pasig City.
GANON, also a resident of Pasig City allegedly bought a pesticide. GANON
mixed the pesticide with the milk tea he previously bought. Immediately
thereafter, he went to the office of RHOAM in Pasay City and gave the
poisoned milk tea. RHOAM, unaware of the poison, drank the milk tea. A
few minutes later, RHOAM collapsed. RHOAM was brought immediately
to a hospital in Quezon City. After just an hour, RHOAM was pronounced
dead and was no longer breathing. Saddened by the death of her father,
ZELDA, caused the institution of a complaint for Murder against GANON
before the Office of the City Prosecutor in Quezon City. After the
preliminary investigation, LINK, the investigating prosecutor found
probable cause and recommended to file an Information before the court.

a. To which court should the Information be filed if the crime is for

Murder (include the venue) Why? (5 pts)
b. If GANON is a Salary grade 27-public official, will you change your
answer? Why? (5pts)
c. If instead of Murder, GANON was charged only with damage to
property through criminal negligence and the value of the property
subject of the case is Php 400,001.00, which court should the
Complaint/Information be filed? Why? (5pts)

IV.

RITO, DARUK, MIPHA and URBOSA, et al., returned overseas Filipino

workers, filed a Complaint before the RTC of Pasay City seeking to annul
various sections of the Omnibus Policies issued by the Overseas Workers
Welfare Administration (OWWA) concerning OWWA membership and
coverage. The RTC dismissed the complaint for lack of jurisdiction.
According to the decision of the RTC, the determination of constitutionality
of the assailed resolution rests not within its jurisdiction but within the
jurisdiction of the Supreme Court.
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a. Is the dismissal proper? (10 pts.)

b. Upon the dismissal of their Complaint, RITO, DARUK, MIPHA and

URBOSA, et al., filed a petition for review on certiorari directly before
the Supreme Court under Rule 41 in relation to Rule 45. OWWA, the
respondent, questioned the mode of review and invoked that under
Rule 42, the Court of Appeals has appellate jurisdiction of the decisions
of the Regional Trial Court. Discuss. (10 pts.)

V.

CAPTAIN RI, a distinguished soldier, fell in love with SERI, a successful

businesswoman. After a month, the two got married on July 15, 2011. Their
union was blessed with four children: PARK, born on February 11, 2012,
KIM, born on February 23, 2014 KEUM born on October 13, 2016, and PYO,
born on March 15, 2018.

The happy marriage turned sour and after almost nine years of marriage,
CAPTAIN RI left the conjugal abode with his three children, transferring
from one province to another apparently to avoid being traced by SERI.

SERI, in her attempt to patch things up between her and CAPTAIN RI, tried
to talk to her husband but to no avail. With the help of her father, SERI,
brought the matter to the Lupong Tagapamayapa in their barangay but this
too proved futile. Finally, SERI had to file a petition for habeas corpus of
PARK, KIM and KEUM who were then ages 8, 6, and 4 years respectively.

SERI alleged that CAPTAIN RI’s act of leaving the conjugal dwelling and
going to different places disrupted the education of their children and
deprived them of their mother. She prayed that CAPTAIN RI be ordered to
produce their children before the court and explain why they should not be
returned to her custody.
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While initially CAPTAIN RI agreed to return custody of their sons to SERI,

he later changed his mind and fought it out. CAPTAIN RI claimed that SERI
was unfit to take care of their children.

Finally, the Court of Appeals (CA) rendered a decision granting custody of

KEUM and KIM who were then six and four years old respectively, to SERI
subject to visitation rights of CAPTAIN RI. With respect to PARK who was
then eight years old, the CA ruled that his custody should be determined by
the family court in a special proceeding on custody of minors.

CAPTAIN RI questioned this ruling. He contended that the CA had no

jurisdiction to issue the writ of habeas corpus as jurisdiction over the case is
lodged in the family courts under R.A. 8369.

a. Is the contention of CAPTAIN RI correct? Explain. ( 10 pts).

b. If CAPTAIN RI invoked the doctrine of hierarchy of courts, will you

change your answer? Why? (5 pts)

c. Because all the efforts of SERI to fix her relationship with CAPTAIN
RI remains futile, SERI then decided to file an action to annul their
marriage. Which court should SERI file the action? Why? (5pts.)

VI.

RAYMOND died on January 30, 2006. He was survived by his only

daughter, ELIZABETH. The gross value of RAYMOND’s estate amounts to
Php 350,000.00. The net value of RAYMOND’s estate amounts to Php
300,000.00. ELIZABETH initiated the probate proceedings of his father’s
testamentary will.

a. Which court has jurisdiction over the probate proceedings? (5pts.)

b. ELIZABETH successfully caused the transfer to her name of
RAYMOND’s property. ELIZABETH then decided to sell some of the
properties under her name to DONALD, her cousin. The two entered
into a contract of sale involving a 100 sq. m. lot with an assessed value
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of Php 50,000.00 and a zonal value of 60,000.00. DONALD

immediately took possession of the said lot. A few months after the
execution of the contract however, DONALD failed to pay the
purchase price of Php 200,000.00, the interest thereof amounting to
Php 50,000.00, the cost of litigation amounting to 50,000.00, attorney’s
fees of 70,000.00 and damages amounting to Php 30,001.00,
ELIZABETH then filed an action against DONALD for collection of
sum of money. Which court should ELIZABETH file her action? (5pts.)

NOTE: The succeeding parts will be graded separately and will be

equivalent to two recitation grades.

I.

a. Why are litigants enjoined from filing a direct action before the Supreme
Court invoking its original jurisdiction?

b. Enumerate the Constitutional Court/s in the Philippines. Is

Sandiganbayan a Constitutional Court? Why or why not?

II.

a. Is/Are there (an) instance/s where one can file an appeal from the
decision of the MTC directly before the Supreme Court? If yes,
enumerate. Explain briefly.
b. Why is the Regional Trial Court considered as the court of general
jurisdiction?
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III. BONUS

Choose between: (a) +4 in final exam or (b)+8 in recitation etc. [final

exam is 60% of your final grade and recitation etc. is 40% of your final
grade]

For beadles, choose between: (a) +5 in final exam or (b)+10 in recitation

etc.

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