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QUIZ 1

1. A, engage the services of atty. B who is a lawyer to represent him as counsel in a civil case filed
by C. Retainership agreement was executed between A and B whereby A, promised to pay atty.
B the amount of 500,000 as retainer fee for 1 year. After execution of the contract, atty B
presented the evidence to A in the case. However, A did not comply with his undertaking, so
atty B filed a case against A. During trial, A died.
Is the death of A, a valid ground for the dismissal for the money claims against atty B?
ANSWER:
Sec. 20, Rule 3.
Money claims pursuant to a contract filed in court and the defendant dies, the action shall not
be dismissed, instead it will be continued until entry of final judgement and the claims should
be proceeded against the estate of the decedent.

2. A. Give at least 5 civil cases within the exclusive original jurisdiction of the RTC.
B. Give at least 5 cases with the original exclusive original jurisdiction of MTC.
C. Give at least 1 case of the exclusive original jurisdiction of CA.
D. Give at least 1 original jurisdiction of the supreme court.

3. A sued B to recover 1 million pesos based on a promissory note due and payable on December
5, 2022. The complaint was filed on November 30, 2022 and the summons was served on
December 7, 2022. B interposes a motion to dismiss on the ground that the complaint states no
cause of action.
If you were the judge, how will you rule the case.
ANSWER:
There is no cause of action there was no right violated being that the promissory note was not
yet demandable when the case was filed.
QUIZ 2.

1. A celebrated her birthday last May 10, 2018. A month before her birthday, B, the father of A
died. A is the illegitimate daughter of B and so when her father died, she seeks to be recognized
as an illegitimate daughter. Under the family code, recognition of an illegitimate child prescribes
in 4 years after attaining the age of maturity. On May 2, 2022, A filed a petition for recognition
as the illegitimate child of B against the mother. However, after filing the complaint, she
changed her mind and would like to implead her 3 brothers so se filed an amended petition on
May 20, 2022.
A. What court shall A file her petition.
B. What is the effect against the 3 brothers of the amended petition. Reason out,

ANSWER:

A. RTC. It involves a case of pecuniary estimation.


B. The action has prescribed. The 3 brothers can no longer be impleaded.

2. A obtained a loan in the amount of 1M from B. Then, he obtained again a loan on a later date of
3M. The two loans became due and payable. B sent a demand letter to a to pay the entire
amount. A refused to pay and so B filed a complaint for recovery of sum of money against A.
A. Is B obliged to file only 1 complaint for 2 separate loans. Yes or No. Reason out.
B. If B would like to file a joinder of causes of action, where will he file the same? In what court
will she file the complaint of the recovery of money. Explain.

ANSWER:

A. No. Rule 2.
B. Rule 2, sec 5.

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