UNIVERSITY OF THE EAST

REMEDIAL LAW DEPARTMENT

ASSESSMENT QUIZ 1

REMEDIAL LAW REVIEW 1

August 22, 2023 6:30 P.M – 9:30 P.M.

INSTRUCTIONS: This is a two (2) hour examination. Type your answers after
each question. After the exam save it in a PDF format and use your student number
as file name. Email it to the group/class email provided by the Beadle. No
extensions will be allowed. Be brief and concise with your answers. Good Luck.

(10 Points Each)

What court outside of the National Capital Judicial Region has exclusive
original jurisdiction over the following cases?

(a) An action to foreclose a real estate mortgage worth P1,199,999.99.

(b) A complaint for cancellation of an exclusive distributorship agreement

with Jello Foods, Inc. where the main office of the company is located in Cebu
City.

(c) An action to collect the landlord’s share of fifty (50) kaing of mango
harvest worth P400,000.00 from the tenant.

(d) An action to dissolve the absolute community of property by virtue of

legal separation where the value of the estate is P48 Million.
 (e) An action to enforce the civil aspect of a criminal case where the
principal amount is One Million Pesos (P1,000,000.00), interest at Two Hundred
Seventy Thousand Pesos (P270,000.00), damages at Fifty Thousand Pesos
(P50,000.00) and legal services fees at One Hundred Twenty Thousand Pesos
(P120,000.00).

II

Gerald and Bea wanted to have the grandest wedding celebration and thus they
entered into several contracts for this purpose namely: 1. Shang Sila Resort and
Hotel, Inc. for the venue and accomodations worth P5 Million Pesos 2. Shang Sila
Catering Services Inc. for food and beverages worth P3 Million Pesos 3. Karilagan
Nuptial Services, Inc for the wedding preparations and reception services worth P1
Million Pesos 4. Photosphere Inc. for audio and video coverage worth P1.5 Million
Pesos 5. Shisheido Salon for the hair and make-up of the entourage worth P1
Million Pesos and 5. Ms. Toni Donzala over payment worth P 500 Thousand Pesos
as reception host.

Seven days before the event the couple contracted Covid 19 virus and was
forced to cancel the event due to health and safety reasons. They demanded a
refund of all payments made but the parties concerned turned it down and insisted
that the payment has been forfeited.

If the couple will institute civil actions to recover their money identify which
court shall have jurisdiction over the different cases.

III

A case for sum of money where the prayer alleges recovery of the following:
Actual sum Php. 1,800,000.00; Damages Php 100,000.00; Interest Due and
Accrued Php 50,000.00; Attorney’s Fee Php 50,000.00 with Appearance Fee Php
5,000.00 per hearing; Moral Damages Php 100,000.00 and Exemplary Damages
Php 100,000.00. The prayer also includes the issuance of a writ of preliminary
attachment of any real property registered in the name of the defendant. What court
has jurisdiction over the case?
 IV

Distinguish between the doctrine of exhaustion of administrative remedies and the

doctrine of primary jurisdiction

Susan De Rama a former Filipino citizen (now Australian) left properties in the
Province of Bicol, City of Naga still registered in her name. Her relatives informed
her that several individuals started occupying the land and built houses thereon.

This prompted her to come back and file an action to evict the possessors.
However the court dismissed the case stating that jurisdiction could not be
acquired over her as she no longer a citizen and thus the ground will lose its
jurisdiction over the subject matter.

Is the ruling procedurally tenable?

VI

Shiela De Rama an environment advocate filed an action against the Bureau of

Fisheries and Dept. of Environment and Natural Resources for a Writ of
Continuing Mandamus for the perceived failure of the government in protecting
the creatures that are inhabiting the Tablas Straight along the Province of
Romblon. She filed the action in representation of the unborn children living
within the province and the sea creatures of the area.

The government moved to dismiss the case as there is no real party upon which the
court can anchor its jurisdiction and hear the controversy.

Miss De Rama argued that the stewardship principle can be used by the court to
acquire jurisdiction over the case.
Which of the parties contention appears to be legally and procedurally tenable.