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    Remedial Law 2015 2019 Compressed

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    2015 REMEDIAL LAW Bar Questions and Suggested Answers Lender extonded to Somower 8 °100,000.00 toan covered by a promissory note. Later, Borrower abtained ‘another PY00,000 00 loan again covered by a promissory ‘ote. Stil later, Borrower obtained a P200,00,00 loan Secured by a realestate mortgage on his land valued St PS00,000.00. Borrower defaulted on Fix payments linen the loana matured. Despite demand t0 pay the 500,000.00 loan, Borrowor rufusod to pay. Lender, applying the fotaity tule, led against Borrower with the Rogional Trial Court (RIC) of Manila, a allection sult for P00, 00.00. 42)_Old Lender correctly apply the totality rule and the ule on oinder of eausas of action? (2%) At the ‘tial, Borrower lawyer, while crasse ‘xamining Lender, successful ected an deen from tha later that the hwo promissory notes have bboen pal Thereafter, Borrower's lawyer lod a motion te dismiss the case on the ground that ag proven only 300,000.00 was the amount due to Lender ane hich aim Is within the exclusive origina! jrletion ofthe etopottan Til Court. He further argued that lack of Jurisdiction over to eubject mattr can be thised at any stago of the proceedines. 1b). Should the court dismiss the case? (2%) SUGGESTED ANSWER: a) Yes Lender coreely apeiod he lola ula and rig on ender af eauses aration, 20 AOD SSSSSSS eee eee eee eee eee eee eee 2015 REMEDIAL LA 13 ar Questor Spgoie Aneware Under tte rule on joiner of causes of ston. @ arty ray in one piecing aseort as many causes cf action os he may Pave agaist an opposing pany, Under te totally Tule whore te clame nal toa caveat of acton ort priclbaly fer recovery of money, the apereoee. amount lard shai es the os of jonas ction Here the causes of acon by Lender ae all aganst ontoitr and al the came ae pirspaly for resovary of money. Hance te aggregate, amcunt_clsimed. which is 500,000 anal be te ao uscicson ana thus isthe RC of Mens whic has ured ton ‘Aknoush tn rules on jon af enunes ot seen state ‘hat the jor shall not neluda specel ev action, the ‘emmocy esotied fo wit respect the thd loan wes not fprecanure tut celecton, Hance Jaina of cause of ‘clon mould sb 99 proper 1b). No, the court should not amiss the eat. The Susone Court hae held that susjectat Judicon Is sotrmined by th emourt ofthe ela sages inthe compinin: ane net he aman: suttartes Sung the ‘Fal [Diankiav Soson Pusr $1 Ceeber 1673) Hore tho amount aires was P800,000. Even If ho lam subeiavitea dunng the Mal was only P00. 000 ‘hat sno! determinative of sbjece-matiar ur adietn, Hence she egument that tsek of subjotmati lusicban ean be raised st anytime 8 voices sea h ‘he et place the RTC has urate, "REMEDIAL LAW 1. Circe fled with the RTC a complaint for the foreclostre of real estato mortgage against sisings Seyila and Charybais, co-owners of the property nc osignatores to. tha morgage deed. The. sidings pormanonty reside in Athens, Greecs. Civ ‘ped oft Shoiff Pluto that Seyla Is on a balbayan tip snd fo bleed at tho Contury Plaza Hota In Pasay Clty. Sheit Pluto went fo the not! and porsonally served Soya the ‘summons, But the later reluned to recalve summa for CCharybis as she was not authorized to do 80, Snentf Puta requested Seylla fer the email sdaress. ard fax umber of Charybals wich the later reacly gave ‘Sher Plto, in his return of the summons, stated that "Summons for Seyla was served personaly as chown by her signature on the receiving eDpy of the simmons, Summons on Charybals was served pursuant t tre lmendment of Rule 14 by facsimile wansmtal ofthe Stinmons. and complaint on dfendants fox nombor se evidenced ‘by. transmission” verfication “report Sutomaticaly gonarated by the foc machine dieting that It was received by the fax number to which vas {onton the dete and Gime inccatad thers” Circe, sity (60) days after her receigt of Sheri Pluto's roturn, ted 9 Motion to Declare Charbel ofaut a8 Charybets cid net fe any responsive pending, 3) Should the court declare Charybale in dotaule? ew) Scylla seasonably fod her answor setting forth therein a a defonse that Charybals bad pale the ‘mortgage dent 1) On the promis that Charybdis was properly dectarsd In default, what te the effect of ‘Seyi’ “answer tothe complaint? (25) SUGGESTED ANSWER: fa} No, the cout should not declare Chan in stout. Under tha Rulos of Civil Procadure, te amencrent of Rue 14. alowing sence of summons by Saesms tranemital refers fo. senon of stmmers upon a foreign prvatojufceal erty funder Seaton 12 of Fula 44)" not tpg nonvesicent defendant (under Secion 18 of Rule Tale In ether casa, service of summons by tacerie cannot be effaced unless leave of cout had been uid Hero the dotencant is not a foreign pute rica entiy bl a nonresident dafordank and na ave of cout Wes Gialad to serve aurnmans by facsiil, Hence tere wos no valid sence of surmong anc thus the ecu ouldnet declare Charybas in cefou Tho eft of Seyl's answer tothe complat I that the cout sal ty tho caso against bom Seyla ang Charybeis upon te anew led by Soya Under Section 3) of Rule 8, when pleading assering clam slates @ comman causa o aon against Severa’ defending partes, seme cf whom anover andthe tiers fal te do so, the cout shally the cass ages al Spon the areware thus fed ana render Judgre-t op the neionee prover, a {bor 8.A (20002010) Horo thore was @ commen cause of action against Soyle ard Charybds sires bath were co-signateris Io the morgage deed, Hence ha court shoud nt renter idgment ty eat ‘agsirl Ghavfecte Bu should peseed oy Uw cate ween ts anawer lod arc thaeudente resend ty Soya let Invoking to provisions of the Rule on Violence Against Women snd thelr Chin filed wit the RTC designated es a Family Court a petition for issuance ofa Temporary Prototion Order (TPO) agers hor husbane, Romeo. The Family Court issued a 20) Yes respondents. are comect in raising their defense Under the Rule onthe Wit of Amparo fng of @ patton by a authored sony on beh ofthe aggrevec ary suspen tha rat tal ehers,cbservng ths onder Brovced ‘orn ne Rule onthe Wirt ef Amparo, (ec. 2}) Hore tha patton far wrk of amgara hee eorler been fed by the spouse ofthe seared pory Wasgasig Thus I suspends ihe right ofa chars, ncuding ALMA, of the pailon ©) The amparo patton shall be conao dated with ne criminal acton [Section 25, Rule onthe Wt ot Anza) 2016 REMEDIAL LAW Bar Questions and Suggested Answers ‘State at lot ve (5) ei eases that fl undor tho foxclusive orlginal Jursdiction of the Regional Trial Courts (RTECS) (5%), ‘SUGGESTED ANSWER: “The flowing ch eagee fell under the exesie anil acon ofthe RTC: 4) Batons where te demana 07 the value of the properly in coroversy axeseas P200000, erin Novo ania, P400,000, exclusive of damages, atomoy' fees, Tngation expancee, toes, and esis. 2) Real actions ice the assessec valu of ha roa ropartynielvod excaeds P20,000, or In Mato Mari, Psa30c0, 13) Actions witoee subject matter Ie inoapadle of pecuniary estimaven. 4) Probate canes whore tho groes val of the es ‘sean P200,000, orn Mato Mar, 400,000 45) Acton nat fling witin the exclusive jcsition of any ctor sour, tigunal, boxy, oF parson, sxercling Jullla quasi uneins REMEDIALLAW [b]Btiety oxpisn the procedure on “interrogatories to Partios” under Rule 25 and state the efecto allure to servo written interrogatories. (2.5%) [b) Briefly explain the procedure on "Admission by Aciverse Party" under Rule 26 and the effect of {allure to flo and serve the renuest. (25%) ‘SUGGESTED ANSWER: | The procedure on “itaragatores #2 Pe under Rule 25's briclyexpininad ae tatows 1) A party cesting io ett materia and relevant {ucts rom an adverse party sal le and serve upor the later writen iiarogatoree to be answores by te veer?" 2) The Ieteraastores shall be anewered fly in ‘ring and shall be signed and eviom to by he person Faking them. The inerogatros. shal Be ansvered ‘thin 15 days trom service erent. The ensners may be Used fer the sare oursca proved ler h Secon Sf Rule 25 on dapontons, 3) Objections to any intsregaterias may be mede vin 10 days ater service Verast The eat ofthe flue to cervaurtton ineregateces is that unless allowed by ho cout for gobs cause aot and to revert a fal of justia, 9 party not served wn viiten interrogatories my net Be compelled by the ‘acverae pty fo ave tectmony fn open cour ta he's ‘position pencing sppes| 29+ Queetone ond Sggosted Anewera (©) The procadure on “Acmsson by Adverse Pay” under Rule 25's bal xolnad a fsve 1) Ax any tie ater ieeuos have been jones. 2 party may fie ana save upon any cher patty wien Fequest for the admssen by the. later of the {Geruniansse of ary metal ard relevant document or tho tat ot any materia and retovant matter oat 2)_Each of tio mators of wrion on admission is feauistes shal Bo doomed adted une, win the fered deslgnsied inthe quest, which shal Pol be ast {han daye ater garvea rect, tre pany te whom the ‘quest 9 arecad ‘se and sores Upon ne roguesing fry a sym satamert ether anying special frais of wah an admissions roquettd or eating fort a data ny he cannot tulhfly elmer adit or deny tose matter, 3) _Cbjections to any request for admission shat be submited fo the cour whi the ered fr ane poor fo the ing otis swom statement, Tha effoct ofthe fale to fle and ene raquest fer ‘anision eat, unlas alowed by th cout fo geod eaure shown alto provaeafaluro of uss, a party wi fale ‘ane sere a request samen on tho acvares pay ot Imatoral and elovat fac tlssue whieh are, cr augre 0 De, Uisur the pewsonal krowsaoge cf he tater, anal not be lowed fo prosorr xidenas on au et, ‘What are the contants of juiialafidavit? (5%) ‘SUGGESTED ANSWER: The contents of ajuk acavt are a tou we Bar.a4 fo082010) REMEDIAL LAW “The raero, 299, residence or business. adeeoss, and occupation of he wires fB)_The name and adthess ot the lawyer aeho conduc or supervises tio oxaineton ofthe witness ane the place wera ne examination is oeiy hl © A ststerset thet tha winess le ansnering the uectons asked of hin, fuly conecous tht fe oes 20 Lncor cet, and that ha may face emia! ati fr les festirony & pecuy, 1S) Questions seked of the vitness and tis comesponding answers, conseculvely numbers, tint (1) Show the cheumsiances under viich tre wiress ‘quires ihe facts pan atch he tes 2)_Elt fom him tose fetsvtieh as relevet to the lasues nat te case presents; and (©) tdontty the attaches cdcumentary and object ‘vsenes and establish thelr estnenay m sccordenco wth he Rites of Cour le) The signature cf newt veri prt name: {fA Juret with te slonature of the notary puis sno acmnisters tho cath or an fear wha mathoaoe ey Iow to oararster he same, w. Eduardo, 0 resident of the City of Manila, flea Detoro the Regional Trial Coure (RTC) of Mania a Complaint for the annulment of 2 Ooed of Rest Getta Mortgage he signed in favor of Galaxy Bank (Gains {and the consequent: foreclosure and suction sale af ie 2078 REMEDIAL LAW 185 Sar auestons er SupgosndAnevets mortgaged Nakat propery. Galaxy fled « Heton to Blmiss onthe gourd ot tneope vom aegint the complaint shld be fed wih te RTC Maka Since. tho complahtnvelves tho" onneratip and possession of Eduardo lot. Resale the motion wih ‘oacone. (6), SUGGESTED ANSWER: ‘The motion to dismige on tne ground of amprozer venue shoul be erarted™ Under the ules of Chil Procecure, the venuo of ea ‘acone shall be wh the prover sout having ursdicton ‘vor tha area where ine real open involved @ stated, fn acin for annulment of mergage la a tea actin I there has ateady been a forecosure sale [Sex Chua v Tota Oftoe Preducte ane Services, 20 Septeribar 2008) Here nora was already 2 foreclose tale, Hence the scion for amuient of merigage is real scion wfich Should rave been fed h) awel rere the rex oropery ib [al What is. the *most important witness rule pursuant to the 2008 Guidlines of Pretial and Use ef Bepesition-Dlseovery Measures? Explain. (25%) ence n ene marae Se [by What 's tne “one day examination of witness” rule pursuant to the said 2004 Guidelines? Explatn (258) SUGGESTED ANSWER: '8|_ The ‘most important winess ne pursuant o tte 2004 Guiseines of Pretmal and Use ot Decoaton Discovery Measures provides that ie judge chal, curing the prettal conferoioa, deterring the most riper ‘finesse io Be reara ane frit he number st winesces 1B) The ‘onecdey examination of @ winess” rie ursuart fo the 2004 Guideines of Protiel and Une Depestion-Dsaovery Weasures provid thal a tness has fo te fuly exammed m one day ony. sublect tothe sour's Gioelion to extend the rect andlor. cross. Sxaminstion fo jusiable renser, uw. Pocio and Juan are cesidents of Barangay Hur, ‘Municipality of Dupac, Mountain Province. Pedro oves 4uan the amount of P50,000.00. Duo to nonpaymer ‘iuan brought his complaint to the Council of Elders cf Ss3id barangay which implaments the bodong justice systom, Both appeared before the council where thy \etbelly agreed thst Pedro will aay in intallments ov Specific cive dates. Pedro reneged on his promise. Juan filed & complaint for sur of meney hufore the ‘Municipal Tia! Court (HTC). Pedro fied a Motion to Dismiss on the ground that the ease did not pase though the Barangay conciliation undor RA No. 7380 fd that the RTC, not the WTC, Nae Jurtdiction, i his ‘opposition, Jua ‘Couneil of Elder {substantial compliance with the requirement of RA. No. 7180. and the claim of 5,000.00 ls clorly within te jrialcton of tha TC. ‘As ITC judg, rule on the motion and explain. (6%) ‘SUGGESTED ANSWER: As NTC juga | would dany the motion to oer, nae: the Rulse of Procedure for Srl Clams Cases, = rmoton ta wemiss on whatvar araunde apehiied mete Hera the compaint tals under the coverage of me Rules of Povedire for Small Cian Cases ines ne lnm for sum oF money si nol exoded P1090. Heres the motion te demise fled py Poaro Isa pronied maton and Should thus be dented ‘Spouses Marlon and Ealth have three (2) children ages 15, and 7, who are stueying at public echool, ‘They have @ combined gross monthiy income of 20/008.09 and they stay in an. apartment in Manila ‘th a monthty rent of P3,000.00. The monthly minim ‘wage por employee in etro Mania dose not exceed Ptd}odb00. They donot own any teal propery. The Spouses wart to collect a loan of 25,000.00 from Jojo ‘But do net have the monay to pay tho fing fos, [b] Would the spouses qualify as indigent Iigants Lindo Seetian 1, Rul 141 on Logal Foos? (25%) [BI It the spoures do not qualify under Rule 144, ‘what other remady can they avall of under the rules to fompt thom from paying te ling 18 e084 200620°8) SUGGESTED ANSWER: la) No, the spouses would not quay as incigos Figants under Seaton 19, Rule 14 sines ther combined {gO55 month income of PSO000 excoade 226,000. the Srountcouble te menthly mer wage, b) The ain remedy the spouses can aval of uncer the mules to exempt tham frm paving the fing foes sto apply for axerpton preva to te “ndgncy test ander Secton 21, Rus 3 of ino Rules of Court ty can prove thal they have ‘po meney or progatty scffelent and ‘walle fer feos, sholer and baal necosaies. or (themselves) ara ter fami pe, Agua v iy of Naga ‘30 Genter 2008) Juan sued Roborto for specie. performance. Roberto know that Jusn was going to file tho case so he went out of torn and temporary stayed in nota ily to avold servic of summans. Juan engages the Services ef Sheriff Maunik to serve tha summons but twhen the attr went to the residence of Roberto, he was tld by the caretaker thereof that hie omployer to longer resides at the house. The caretaker fs @ high School graduato and is the godson of Raborio, Bolieving tho caretakers story tobe tne, Shortt Matic left copy ofthe surmmans and compaint with the caretaker. Was thoro avalld substituted service of summons? Discuss the. requirements for a. valid service of summons, (35) SUGGESTED ANSWER: Yes, thera a8 9 vat service of summons. 2018 REMEDIAL LA oa a: Qusstons and Suggest Atewers Ir osee inching slat cts, the Supreme Court ald tat there was a veld subctatod aarios of sumone Shee fhe Gelerdant was engaged In aocoption to tan the erdary aumintration of ates Hore ine defendant was aio eagaga I caceton sce tengormy sayin anober at 9 a servee Ef Suinmors ane Ye ens los aa 90 50 anger fasdos nto vee (Sagana vy, Foneen, 2 Oe 2009) ‘The toqurements™ for a valé eubettuted sonice of 1) The defendant, fo jastfable reasons, cannot be porsonall sarved win summars winin sraascnetle me. 2) Copies of the summons shall bo Jatt a tho etondan’s residence with some peteon of sukabe age ‘and ciscrlion resicing therein, or by leaving tha copes at defendants offlea of feguar pace of bushess wih some ‘competent person in cnarge tareot* % [a] ts the buyer in the auction sale arising from an oxtail froclosurs enti to a wrt of possession teven before the expration of te redemption pero? It 9, sthat the ation ta be taken? (6). It] Afior tho period of redemption has lapsed end tho tile to the fot is consolidated in tho name of tho ‘ction buyar, i he ented tothe wrt of possession a8 3 ‘pir ot ighe? Ia, what she neon tobe taken’ (2), “20 Para. A.20002018) REMEDIAL LAW" le] Suppose that after the tive to th lt has been consolidated in the namo of the suction buyer, cold ‘buyer sold the fot toa thi party without fest gong ‘nit of possession, Can tho transferee axerlee he fant ff the auction buyer and claim that lf @ minted uty of the court to lssuo a writ of possession tr his favor? Briefly explain (2%) SUGGESTED ANSWER: la) Yes, uncer Secon 7 of Ac No. 3135, the buyer in suen auoton sale is wie i a wrt of peasession ees before 2 expraion of to rderoton prod Tho aolon te be taken 's (0 fis an ex pata goon fer ¢ wrt of possession wih the RTC timiring & bond tone debe Upen apsraval ofthe Sond, the buy wou be anit te issuance cf wrt of possassion Aso under Sacton 47 ofthe General Barking Law, ‘he purchaser at uci or esrsjuccia foresioous tag hore the rrgagee ls a bank sal have the igh a ert nd take possession of ho eroperty immediataly ar the ate ofthe certmation af the muction sab 1) Yes, the buyer fe ented to the aw of Poacesdion 43 a maisy of faht Aer conscldaton of merle, a wnt of possseion wil sus a rato? ot course, wet the fing. and sporova of a dard The ston to be takonis to le ar ex pata patton fer neuer fit of possession withthe RTC purwent i Secion ot ActNo, 2°95, Navarra v. CA, 204 SORA B50) (0) Yes. The Supreme Coust has held tata tarsterwe tho purchaser or went Bidder may fe s maken te he ‘Ssuanse of a wil at poseetsion, Tre reeson kT he {tarsewe step othe enooe othe puch and aque ‘holover rats the ranstwcr had, [Laurono v Borman 464 Ph 2: Gaver. Valnaquca. 6 a 20%6, 2016 REMEDIAL LAW 31 Ber Questane an Sropeind énsuers Howover unl in the caso othe arial purchaser, the molon shoul pet es x parts the feeuance ofthe wn cf eeseceton musi se rondo only ae hearng an ater Getermining thatthe property is al inthe possesslon of tha engage” [Reyes v Ching, 12 September 2017 cobe ¥ Baturino, 28 August 2044], i Hannibal, Donna, Florence and Jel, concemed sions ef Laguna’ de Bay, fled a complaint for ‘mandamus. against the Laguna cake Development ‘Author, the, Department of Envircment and Natura FResoureas, the Depertment of Public ‘Work and Highways, Departmont of interior and Local Government Department of Agriculture, Dapartmant of Budget. and Philippine National Polos betore the RTC of Laguna alleging that the contioued neglet of defendants in performing’ their dutice has reaulted in’ serious Aeteroration of tne water quality cf the lake and the ‘degradation of the marine life i the lake, The paints prayed that sald goverment agonciea be ortered to lean up Laguna de Bay and restore its water quality fo Giese “C waters as prescribed by Presidential Decree No. 1152, atherwine known a8 the Philippine Environment Code. Defendants raise the defense thet the cleanup of he lake fe nota ministorialfuncton ant they cannet be compelled by mandamus to perform the same. Tho RTC of Laguna rendered 9 decision ‘declaring thatt isthe duty af the Sgences to clean up Laguna do Bay and issued a. permanent wit ot ‘mandamus ordering sald agoncies to perfor thelr duties prescribed by law ralallng to the cleanup of aguna'de Bay. [1 fs the RTC correct in Issuing the wnt of mandamus? Explain (25%) 0 far 0 8.4 (209-20 REMEDIAL LAW [bt What is the welt of ecintinuing. mandamus? cost) SUGGESTED ANSWER: (3) Yee, me RTC comoct ‘The Supreme Cour has held thst the cleaning cr rahabitaion of Manta Bay ‘can be comosled. by ‘rardamus. (MIMOA.v. Corned Resisens of Maria Bay. 12 Dacemer 2006) The tue ay 36 appled by ‘analogy tothe desnup oftre Laguna de Bay.” {)_The wit of ontnseg mandamus is # wrt sued bya cout in-an srvronmentsl cxse dectng any agency GF insturrertalty of he Soverment o of eer oreo! Ie perform an act of ser oF acs Gated by fal judgmert larch shal remain eftective unl judgment uly sats [Ruse of Procsauve for Ervrenmectal Cases x. Miguel fed 2 Complain for ssmages assist oso, deni aby na tied eto to Oamiso nthe ground of far to stat» cause of action= In fn Order rceived by Jose ov Jenuery 2005 te Ul ourt denied the Noon to Glamis, On Fobruary 2015, ote. sought roconelderaton of thet Ova! through 8 Motion fer Reconsideration Miguel proved the Maton for Reconsideration onthe rune ia ‘mead automo 2018 REMEDIAL LAW 163 ar Gusstone ene Seauosto Aceves Jose countered that the 15-tay rule under Section 4 of Rule 52 does not apply where the Order sought to be reconsidered isan interlocutory order that does not stain finality. le Jose correct? Explain. 5%) SUGGESTED ANSWER: ‘Yes dose is comet ‘Tne ‘Say period to fla» maton for racansidoration under ‘Section + of Rue 62 Telers ‘oa melln fr ‘eeansderation ofa judgment or nal reecliton or oder. Here what is nvoned isan over denying a rcton to jams, ublon is sate fina ander ae boss et trmnals the casa, The order simpy an Ineroetary order which ‘ay be reconelderod by the tal cout st anytime duc the pendency of tne case, [See Rasdas v. sends, 12 Dee 2On8] henould alo be nos thal howe‘ re showing tha [iigap Pad lee metion to declare Je in cefau a ‘Tailors Toto, Nelson and Yenyen led a special evil, ‘acon for caroral under Rule 65 from. an adverse ‘decision of tho National Labor Relatone Commission {NERC} on the complaint for itegal diamissal against Empire Textle Corporation. They. were tenminated on the’ ground that they faled to most the proscribed reduction quota at Teast four (4) times. The NLRC cision was sauailed in a special ef action under Rule 65 before the Court of Appeals (CA). In the verifcation and cortfication against forum shopping, ‘ony Toto signee the verification and eerietion, while [Aly Arman signed for Nelson. Empire fila 2 mation to ‘smiss on the ground of defeesve verifetion and ‘certieasion, Decide with reasons. (9%) _—— = i a a o Hi 4 20002010) SUGGESTED ANSWER Te motor to dismiss on the gourd ot deteie ‘oioaion ss be eenieg. The Supreme Court hes hed ‘hat a awyor may vey @ leacng in baha of the cir Morwover © verfcaton \s'irerdly formal and rota latestenal requirement The cout arould ret Game bo Case ful moray oqure th ary conoenad #9 rachy ‘pe defect ‘The moton to dismiss on the gtound of dafectie coticaon ageins forumshopping shoud Ikevive be Senied. Under reasonatio or stage feu, 38 wen all the pirate er petits. share a gormon Interest ard ike a conan cause of econ or defanse, the signaturo of aly one af thom in a orestion against forum shopping subslardaly comptes wit) the Ru act v. Gumary, 2 sun 20°4) Hore the Peilone's have 9 commen interest nd Invoke a commen sales of action, thai. ther legal fdamisal by Erie Texte Corporaion for fare to meet producti aucts. Xa The officers of "Ang Kapsligran ay Al ‘engaged your services to file an action egainet AEC inining Corporation “whieh ie. engaged in. mining ‘operations in Sta. Cruz, arindugue- ABC used highly tonic chemicals in extracting ols, ABC's toxic ring talings were accidentally released ‘om ts storage dams and were discharged inte tho rivera of said tows Tho mine talings found thelr way to Calancsn Bay ahd allegedly tothe waters of nearby. Romblon and {Guezon. The damage tothe erops and loss of earnings were estimated at PI” Billon, ‘Damage to. the ‘environment is estimated at Pt lion. AS lawyer for 20:0 Remit Law 168 Be Questons are Suggests Anevers the organization, you aro roquesied to explain the foventages derived from a. peion for writ ot Kalikasan before the Supreme Court over a complaint for damages before the RTC of Marinduque or ves ‘veraa, What action wil you recommend? Expl. (5%), SUGGESTED ANSWER: | it eommand the fling of a Peter fra savence ef Wit of Katkasan. The falowing are te advantages of ‘Sudha palilon ever a cllcoetait er damages. Fstly there wl be no lasue ragatdng the legal standing tr lgal capaaty of ow Ange Kapslcran ay flagasn ine" (AKA to fle tte scren. The Rules of ‘rocadure or Environmental Cases (RPEC) proves tht the orto! Kalkasan ls aetabe toa peoples crgeniztion Pomgovemmerta! crpenaston, or ary puble interest {Gaup. [51 R7] On tho tne: hand, th legal capacty of ARKAI is an asta ‘or damages n Beha ffs morbrs Imay be quastionad sires a sarperaton has © persona Separate rom that ofits memos, Secondly, tho petitoner in a petiion for wt of kakasan is exert fem tke payment of cosket fos nike ira cul complaint er damages. ‘Trirdy_in @ pation ‘or wit of Kaliasan, to emteners may aval cf to procautenary prnapie Envrenmertal coses which roves that whan Puen fctvtles may lad fo Urea of serious and ineverio amage tothe ervrcrment that ix sserely pause bat unoertsin, action sha be taken io avoid or dimeieh that trea. In effac he procautonary pincile shits tre burcen of evisenes at arm sway fam ose helt str tm and ert fase dosing te henge tha status quo In ‘chi compan for damages, the burden of poo! show Eomages san he si 0 thw a 6A 200.2010) ReMUDIaL LAW Finally, the judgmont is a wit of katkason casa I immodtlyaxeatoy unk ina od coma or damages ‘Tho athemtege of he cl complaint for damages 8 ‘at ine court may awerd damages fo the Pallcnere for the injury sulletad inen iet the case na eton ferrt ‘of kaimesan, At any ate a porson who aval of he Wirt of Nelaseh my ao ls a sparse st fr he recovery ot demazee xv. Pedro, the principal witness in a criminal ease, testified and completed he testimony "on. cect ‘examination in 2015, Due to eeveral postponerments by the accused, grounded on his rocuring lines, whieh Wore all granted by the jadge, the cross-examination of Pedro was finally set on October 15, 2016, Store the ‘eld ato, Podro dled. Tho acetisod moved to expunge Pedro's testimony on te ground thot it vicltes Ms ‘ight of confrontation and the right to cross-examine the oiiness, The prosecution opposed the moton and asked that Becto's testimony on direct examination bs fcmittad as evidence, Is. the. motion mentorious? Explain. (5%) SUGGESTED ANSWER: No, the motion jo expunge Pecio's testimony en the (ground that tvicltes the aoouseds rant fo Santon the Snes Is nat artoous ‘The Supreme Court has held that hers the delay in eesseaminng the wibess was impusbia 19.3 facovsea, he coulé nat be heard to oem tho vatress becomes ‘unavalobio tough no faut of the pay presenting the wenses and hecos the wistse's Suet ‘amination shuld nak be stckan oy ere the dotay in orse-oaming Pecto ws imoustio to he motons for pospareme' led byte Boned ar 6 (oath of Pedro was tte faut he presscaton xy. Cchika sued Gringo, a Venezuelan, for a sum of money. The Metropolitan Tial Court of Maria (MOTO) Tencered a ecisfon ordering Gringo to pay Chika 50,000.00 plus legal interest. During fs pendency of the appeal before the RTC, Gringo led of acute je pancrestis. Aily Perfecto, counsel of Gringo, filed. anifesiation staching the” ath tertiieate of Cringe and informing the RTC that ho annot.substints the heirs since Gringo didnot fiscloze any Information on his family. x Counsel for ‘chika, what remedy can you recommend to your elont fa the case con move forward and she ean eventually Focover har money? Explain. (5%) SUGGESTED ANSWER: “The remedy | can recommend! to ny cient rks to fio a potion for setement ofthe estate of Grea and for the azpainiment of an aenisvaie” cha aes veto fn inleestes parson who can fia the potion far Sotiemert ef Ginga estate Once the aamsstatr Ie ‘cpoinod, {wl move that the administrator be subeti.iee fp he defendant. il els fe my clam aganet Gengo 35 contingent clam inthe probate procaesings pursuart to Fie 80 ofthe Rulas of Gout Xv. Under Section 5, Rule 113 a varantiss aires is lowed when an offense hes just been comma and the peace officer has probablo cause to balieve, based on his personal knowledge of facts or heumstancos, that the person to bo atested has commited ie A policemen approaches you for advice and esks you Fw he wil execute a warrantless arost against a ‘murderer who escaped ‘after illing a. person. The poleman arived two (2) hours afer the killing and 9 ertin Nox was allegedly the filer per Infornation ‘en by switness, He eke you to clarify tho following [a] How long after the commission of the erime can he sill execute the warrantloss arrest? (25%) [b) Wnat does “personal knowledge of the fact ‘ancl citcumstancos thet the person to be arrested ‘commitad I" moan? (28%) SUGGESTED ANSWER: (@) The aireat must be mace win 24 hour ster tre commission of cre, Whore tre atest took pace 4 gy afl ho carmnasion of he etme t cannot fe sad {at ar oflence has jst been commited. (People +. Os Ro2ario, 305 SCRA 740), le) "Personal knowledge oe fac ae sicumtances that the person to be atested.cormtted i moans pertonal raulcoge net of the corrmiasan 0° fhe ote Feo bit of facts and cteumstancea whic Would lead 'o ts conclusion tal tia parean tobe aacted nas pray commited tre crime, Suen porsonsl Knowedge mises fom teascnstiy, worhy nformsion nthe acesing Dorbons possession soupied with Fis oun obsoration and fai inferences thereon that the person arested as Probably commited ine ffanse, [Peslos v. Generoso, 159 SCRA 337 xv ‘The information againet Roger Allndogan forthe crime of acts of asciviousness under Article 336 of tho Revised Ponal Code avers: “That on or about 10:30 o'clock In tho evening of February 4, 2010 st Barangay Matslaba, Imus, Cavite “and waitin the uration of this Honorable Court, toe Shovenamed accused, with levd and unchaste fesign, trough force and Intimidation, a then and there, wily, unlawfully ana feloniously commit Sexual abuse-on his daughter, Rose Domingo, a minor ff 11 years ol, elther by raping her or commiting acts ff laslviousness on her, aginst her will and consont to her damage and prejudice ACTS CONTRARY TO LAW ‘Tho accused wants to have the case diamissed becouse he bellavoa thatthe charge la confsing and fhe information is defective. What ground of grounds an he ‘alse in moving for the quaskal of the Information? Explain. (5%) SUGGESTED ANSWER: “The grunes whleh he accused ean tase in exing forte quashal fe infrmaten ae hollowing 1)_THE INFORMATION CHARGES MORE THAN (ONE OFFENSE. The hformazon enages S90 oferses, hs Ip rape and semua abuse Worse, the cirgee are atte the atomnaive, making Utelaa to he accede to wh flores xan Rois boing chargod wih REMEDIAL LAW 2) THE INFORMATION DOES NOT CoNFORE SLESTANTALLY TO THE REGURED FOPM Thefvematin Irerely sais thet the -sccuesd comites act of Insciousress upon the vetim without spesting. what those aot of edavaness ware, poe xv Joh la pttion fr declaration of uly of his mariage 10" Anve on the found of poyeneogsa Incapacty under arco. 36 6t the Femly Code. He bind» copy fe covet pacha ween ‘por on ha the secretary othe py at Elie tsty onthe sed repo wihout orn he {ule.on pivioged communiaton? Exam (3) SUGGESTED ANSWER! “es, tn san tasty onthe pshiatie epar wit offending the rule on privileged communication, = ina cate ivohing sinar facts, the Supreme Cour hal tha! there 70 volasor of prysicar-pallarepivege noe the one testing snot ro peyehlait Tho pio bars oniy he ehysiean, not atherearsane. (Krohn Cou 3 Appeals, 233 SORA “48, There 9 ce von of rant! eamemunision psloga sins tho an sola conta conemiricaton Soyo Pie oy as x Trston fled a suit withthe RTC of Pasay against ‘Athut King andler Estate of Arthur King for reconyeyance ra lot doctored inthe mame of Arthur King urdet ToT No. 1224, The complain alleged that Yon account Acthur King's residence aptaad up to the present and the Lineprtainiy of whether he is ati alive of doad, he or His estate may be served with summons by publestion Summons "wes. publiened and nobody fled any Fespansive pleading within sixty (80) days treretrom. pon motion, defandanta wero declared tn default and Fdgment wos rondered declaring Tltan 2s lags over find ordering dtendants o recanvey sad let to Titan. Jojo, the eourt-designatodaministrator of Arthur ingle estat, fled a petition for annulment of Judgment bofore the CA praying that the decision in favor of Tristan be Goclared null and void for lack of Jinissietion. He claims that the ation fled by Tristan is\an action in porscnam and that the court did not Squire jurisdiction over defencants “Arthur King ‘nulor his astate, On the other hand, Tistan claims that the suit is an action in fom or at least an action quasi in rem. Ie the RTC Judge correct in ordering Service ot summons by publicatton? Explain (5%) ‘SUGGESTED ANSWER: Yes, the RTC judge Je oocsct In orcering sorves of summons by oubisaton, Under tho Rules of Ci Procecure, exratertorial serjon, when etd serves by publeston, may be ‘ales fin actors ho subjat of whens eroparty mn the higpioes in which tne deorcare Faa or claire 3 len oF 2 10.4 A 20002010) REMEDIAL UA Interest rin ich tn reletcomanded consist ig exlung the cefndart rom any erst her (6° a" Hore the scion or recenveyanco hat forts subject real prrary in ha Philppnoe nthe dstendante name fad in wien ta rel sought 8 (o anil he cetencants tHe and vast inte plat? Whi ojo ie nt stout legal bese in says that he anor fr reconveyence i peor [Republev. CA, 315 Sch God, GUE, te tet of nether an clon Is overas by S15 Rid rt a tcennet cnractersaton asin vom or ‘Ria rem bul wheter ts mara these mortined fh StS FR [Sse Batazar. Ca of Appa, 188 SCRA S54, 3037" ct Royal Gank (Royal) filed! 9 complain for 9 sum of ‘money against Ervin and Jude before the RTC of Mani The ntatory pleading avorred that on February 14, 2010, Ervin obtained a loan from Royal in tho amount of Fi Millon, a8 evidenced by Promissory Note No. 007 (PN) Signed by Ervin. Jude signed) a Sursly Agrewmant binding herset as surety for the oan, Royal made a inl demand on February 14, 2015 for Ervin. ond Jude (defendants) to pay, but the lator filed to pay. Royal see praca mini eet DIAL LAW, ” ae Aravers ove we ay est wn pryed that defendants Ervin ad ude be ordered to pay roamount of Pt ili pis insist, in ther answer, Ervin admitted that he obtained tho Joan trom Roys! and. aignod the PN Judo. leo Sumlted that she signed the. Surety Agreement iefendants pointed out tet the PN di not provide the fue date for paymont, and that the foan Nae oot yet fhatured as the maturity date was Ket blank to bo reed upon by the parts at a ner date Daendonts {ica'a moun tora Sudgient on the Pondings on the {rourd that there fs no genuine issue presented bythe Binios submissions, Royal opposed the metion on re ground that ihe PHS enaturty ia am ina Eat must borvesned ou during ta” [el Resolve the motion with reasons. (2.5%) [bi Distnguish “Summary Jdgeent” and Judgment ‘on the Pleadings.” (2.5%) SUGGESTED ANSWER: (6) The Notion for Judgment an the Flaaings shouts be ceri Under the Rules of Chil Procedure. @ motion for judgmeet onthe alascngs may be fled any By the plat ore caimart. Here % wes the Defengants, notte Pail Royal Bank wtich fied a motion fo udgrnert on the peasings evco the matin ened Da dice ipl ieee eee eee te mm ‘0-0 & 420002048) ‘REMEDIAL AW 1b) A summery jedgmant ie datingished rom = Judgment on ne peadings 8 oloae 41 A summary judgment is ocper even If hers is & rervairig foue as tone amour of damages, while = Judgment on tno rlsadings is proger if appears tna there s no genuine lsu batwoen te para. 2) A summary judgment Is based aot ony on the pleadings but alsa upon fides, cepostions, and Eumiesione erin tal, exept as tothe smote of amazes, there M9 genuna seve, wala 8 Jodgmant feta pleagige is baeee excluskely upon "he Plsadings whol the presentation of any evdence 3) A mation for summary judgment recuires “Oday notes [63 R38)" whe amotio fer udgmant 9 he Deading ie subject o a Say notion ul ($4 R18, 4) A summary coment may be prayed for by 2 dstening party (S2 FSD, whl a judgmant on 0 ‘dead may bo svayed fr ony ya plant” samart 2097 REMEDIAL LAW. Bar Questions and Suggested Answers, nat tal court outside Mato Manila has exclusive crignal jurisdiction over the following cases? Explain Tcely your answers, (0) An action filed on November 13, 2017 to recover the possession cf an apartment unit being Sccupted by the defendant by mera tolerance of tho Blain, after the former ignored the last domand 10 Gacate that was duly served upon and recelved by him on duly 8.2086 {b) A complaint in which the principal rele sought {the enforcement of a sellers contractual ght to FRourchese aot with an seesesed value of Pt5000.00. SUGGESTED ANSWER: {e) would be ther the MTG ortho RTC depending pon ibe asbosaed value ofthe apartment un Under 3. Big, 129, jedaion over real attons is vested nthe MIC fibe assonseg valus of th ral poverty Toad dees not exceed P20.000 and the RTC M euch ‘evessed value exceeds 20,000, The action to recover Possession oan ro longer be one for unavful ctaes foe twas brought Sejena one joa fom ie ast emiand te vacat (b) Secu etenaljuieton i vested he MTC ‘The Supreme Court has eld ut whew th utmate role sought by On aesen is tho aBseton of ito oa Propary, the acon fe a feel one ard ol orm napa of Poouriaryestrnaon [Bey Pap. Tap,” Sanembet 2005) Hera th ulimate rae? sought byte comin Is no azsatian cil snes the solr sooke exeroge he ah to repuchasa. Hocce he acion ie ‘eal ene and |teectan is vested i the HTC since the asansead value (does not exceed P2000, ALTERNATIVE ANSWER: (©) Excusive orga jurisdioten le vested in the Regional Til Court ‘The Suprorn Court has held hat an ation to enforos the right of regeroven Is one ier Ia incseanle of pecuniary setimation ana thue wenn the excusive erie luisdeten of the RTC pursuant to BP. Big. 129. (revs ot Bautista v. Lirce, 10 March 2004] Santa fod against Er in the RTC of Quezon City fan action for specif performance praying for the delivery of a parcel of land subject of thelr contract ff sale. Unknown to the partce, the case wae Iadvertonty raffled to an RC designated asa special commercial court. Later, the RTC rendered judgment Sdverse {o Eva, who. upon realizing thatthe al court ‘vas not a reguisr RTC, approaches you ane wants you {orfles petiton to have the judement annulled for ck of jurisdition. What ave woud you gv to Era? expan your ansvror. (4%) a ae 42017 REMEDIAL LAW. ” oy Quen Sosa Anewers SUGGESTED ANSWER: “The mihice [ould give to Era ie Last he pttion for annukrant of judgment cn lack ef jection wilt prosper. ‘The Supreme Court has hele ‘hat_2_ special commortil cour i al a cour of general uisdition ans Ganecr ene. Fy a. non-conmoteal caso. [Concorde Gondominiom ine v Banu, °7 Fab 2016, Peri.) Hence the spacial commercial court had jurisdiction to tyand eeoce tna acion far spec perarmance and {9 reader a pdgmect enor m. Answer the felling briefly: (a) What slemonts should concur or ercumstantat ‘evidence tobe suelo for conviction? 8). When is ait a mattor of jail diseretion? (Give at east two instancos when pence cotiay or a privat person may make a val varrant rest. (@) What is a tender of excludod evidence? SUGGESTED ANSWER: (©) The felowing elements snout concur for ereuntartal evcenes tobe suticent or convton 41) Tere e more than one cecumstance 2) The face from which he inferences are dared (w.0 & 420082070) REMEDIAL Lav? 4) Tho combination of el he counetences i auch ‘as Io prodies # consien baycnd reasananie deubt (seria) (8) Bal ls a mater of ua leer {t)_ Bofors conticion by she RTC of an offense puncrans by cea enisos rerun, ote prsarmert 2) ter conviction by tha ATC of an offense aot purishetle by" eat, Teslison persstua, or Fe Inprsonnient 548.8 R114) (©) The folowing sre the instances winen a pace ffeerc a vate parson ay make vad werardose one (1)_Whon, nis prsaaee. the nereon tobe arretod hot cormitod = actualy con ting. ers azemptng to ‘orm an fiers (@)_When an offense hes just boon commiied anc fi as probable cause te Seleve bated on pereona’ kKrowtedge of facts or crourstanoes tat the person fo be aresied has commited i ara (@)_Whan the person tobe arettes fs an escapes prisoner {83 R113) (@)_Tendor ef excluded evidence isthe ramecy of a gay moan He evgonee ha hes leds encad by ¥ dozurertar or obec evden oxlated by be cour ne oferty nove aoa nc ha Gea! be tonto evcence excided orate tern may igre recor tho nae and eter forsoral aunsincar ef Re reat and he sueearce Bre proposed esamny. 840 Rise) 2p)7 REMEDLLAY 1 fr quotbne ore Suggested Anuwets , {Gio bref answers tothe following: (a). Whatie the doctrine of hierarchy of courts? |b), What is the Harmless Error Rule in relation to appoale? lc} When do0s a public prosecutor conduct an Inquest instesd ofa preliminary investigation? SUGGESTED ANSWERS (o)_The doctine ofherareny of cours provides tat whore tne ia cotearonce of jwlsizion by cours over Snacio ev proseding, Mere Is an efdaipec eequence Gt occurs fe such coure beginning rem the lowcet fo fhe Manest. Adrect Invocalen of he Suprare Court's Chpina jeiscicron eneud to allowes only when there are Sosda_ané_moorant seasons teretor.(Mertes . Court Stapeosls, RNA. 129797, 4 May 2006), (2). The haloes eroc rule f relaten te appeals provides that he appolate court should not reverse a [Gigment as a veut any err or detest wniondoos net bec tho substantial rights of te pares. [See 56 Rt Beysemin, Agpsa! & Review nthe Philpines 32), (© Under the Rules of Criminal Prosecure, tho pubic. prosecuor conducts er auest Instead of 2 brelminary instigalon hon a person is. lewfully fresteo wing a warrant Moin an offers wich fortes a pring inesicaton. [56 R72] 180 a1 0. 4 20002010) REMEDIAL LAW v. After working for 25 years in ths Middle East, Evan returned tothe Philipines fo rate in tana, te place oth bith and chiahood. Ton years beter his roiement. ho Bought for cash in his name a hause and lot in Malate, Manila. Six months after his return, he learned ‘that his house and fot were the subject of foreclosure proceedings commenced by ASC Bank on the basis. of 4 promissory note ands. doed a real etato mortgage fhe nad alogedly exseuted in favor of ABC Bank five years earl, Knowing thet he was not In the county at the time the promissory nots and deed of mortgage were ‘supposedly execited, Evan forth inated complaint inthe RTC of Mania praying that th subjoct documents bbe declared null and void, ‘ABC Bank filed a motion to dismiss Evan's complaint on the ground of imgraper venti" onthe bass of a stipulation In both documents designating, Guozon City Se tho exclusive venue in the even! ot Hiagation between tre parton arising aut of the oan sna mortgage. Should the motion to ¢lsmiss of ABC Bank be ‘ranted? Explain your answer. SUGGESTED ANSWER: No, tha metlon to aumige of ABC Bank shout! not be granted Nor Queatora and Suggest Arswers Ina cose irvoluns emia fxs, tho Supreme Court hod hat pay is not bound by a venue sips vera he cect Aas onthe ground of forgery the vaicy 0 Tho conte goniaring he verue stauation. The reason le thet ouch a pary cannot bo expoctod to comply wih the venue stulaion snes hs sorplaee therow th would ‘mean an pet recognion ofthe vay of the, contracts fe essa. [Srones vCash Asia roc Corp, 1 Jaruary 20°, Poviaecemate, J] wt nna,» rosident of hela fled a complaint forthe partion of a large tact of land located in Oriental Mindoro. She impoaded har two brothers John and Acian ‘2 defendants but aid not implead Lelea and Agatha, er ‘Bio sisters who ware permanent residents of ANSE. Arguing thet there could be no final determination ofthe ease without implesding all ndspensable pares, ‘John and Adan moved te clsmiss the complaint. Does the trial court have a reason to deny the ‘motion? Explain your answer. ‘SUGGESTED ANSWER: Yes, the tal court has 9 eason to. deny the maton te dismiss ndoe tne Rus of Ci Prosscwe, nonylnder of pares, everindspersabloonco, nat gaurd ofa mason foderise, (S17 Ro: Vesaga vA, 977 SORA S08 (2001 vm or @ 20002015) vn, song itive a loa of 3 ton rom Harhant anh. Asie fom axociting a promissory note fos Gf Merchant Bank, ehe executed» daed of ral esto Imorigage over hor house and ot as esti for her Sbigation. The loan fall due. but romained) unpal hente, Merchant Bank Mle an action against Eis to foreclose th ral estate mortgage. A month afer, and il the freciosure su was pending, Morenant Bank Bato fed an action to recover tho prilpel sum of Po ition against Else based on the same, promissory note previously executed byte atte In aaposing th mation of Bice to cami the secon ation onthe ground of apt of single cae of action, Merchant Sank argued that We ground reled upon by Elise Waa devord ot any lege bssls oneidering that the bro actions wore 'setce oe Separate contracts, namly, tho. sontet el loan fvldenced by the promissory note, and the eed” of foal estate mereoage. {s tero a spliting ofa single cause of scton Explain your answer, u e SUGGESTED ANSWER: Yes, there is spliting ofa sno couse of acten Linder the Rulgs of Cll Procedure, thee isa sping of asinge ease ofacton it or mers suis are rete ‘on tha basis of tre seme cause of scion [St B2]A case faci is he ac a omission by whieh a pany voces ett of another [8 Ae Here, both suo, the foralosure anc) ho calecton ‘0, sfose fom the esete cause of aston that the oo 2017 RENEDAL Law 109 Bor Questana te Sugganied Anewers payment Elsa of hie PS lion oan fam Msaet Bark ‘The foo tha the Wo scibns wes based on separate Conan # revert wnat masers tet Ean actors fase fom Mhpsamo caine 9 80805 vm a) Laura was the lessee of an apariment unit owned by Loulo, When the losee oxpired, Laura rofused to ‘ete the property. Her refs promptes Lou to file an {elion for unis delainar against Laura who fed to answer the complaint within the raplemantry pried, Louie then filed» motion to declare Laura in default Should the mation be granted? Explain your 8) Agatha fled a complaint against Yana_in the RTC in Bakat! Cty to collect P350,000.00, an amount representing the unpaid balance on the price of the far Yana had. bought from Agatha, Realizing '¢ [Mvlodiednel error in fling the complain in the RTC, ‘Agatha filed 2 notice of dismissal before she. was fSorvnd ith the sever of Yana. The RTC Issued an frder confirming the dismissal “Thyes months lator, Agatha fled ancther complaint against Yara based on the same cause of action this {ime inthe MoT of Makati City. Hewever, for reasons pereonal to her, Agatha decided to hava the complaint Sismicsed without projuciea by. fllng a. notice of tismissal prior to tha service of the answer of Yana, Hones, the ease wax dimisred by the MaTC. i 1a 9 4 20002010) estat LAW’ ‘A month lator, Agathe rfl the complaint against Yona inthe same eS May Yona successfully Invoke the Two-Dismissal ‘ule to Bor Agatha’ hr complain? Explln your anowe SUGGESTED ANSWER: Oy No, @ motion te declare the defendant in defeut i 1 pronbited moon in eiecimantcewes ursunn’ te Se Teeth Rules of Cour, 318.9270, ® No. Yens may not suncessfuly Inoke the The: Diarissel Rul cbr Agatha nnd compli Unser the Two-Diemissa| Rue, he notice of dsissal perates a3 an aduclerion upon the mers provide fit fledby a plait who has ence Semissod ns competent court an aston based on oF Ineicing the some aon stat Hore the fret cismissal by the plait was notin a competare court ex the RTC in Makati Gly dé not hove ‘bjeckmater jurisicton aver an anton seeking to eset 350,000, Hance Agatha's rd complaint > ot barod by the Two-Dismiseal Re Abraham flled a complaint for damages In the amount of 750,000.00 against Salvador in the RTC in Quezon City for the lator’ allogad breach 3 thelr Ccontactof services, Sa\vader promptly fled His answer, fand included a countoretaim for P260000.00 arising ‘the services of counsel, and thus caused him to suffer mental anguish, Noting that tho amount of the counterclaim was Pelee Leesan Ocoee binelnicnien mae Abraham fled a motion to dismiss vis-a-vis. the ounterlaim on that ground Should the cousterlaim of Salvador be dismissed? Explain your answer. ‘SUGGESTED ANSWER, No, the ecuntacam of Savvador should not be cianisetd an ha pou ola of javsccion In 20 original action before he RTC, ta RTC has fuiscicion aver a comoulsory courtersoi regardless of fs ameunt. See 87 R6} Hore Savadors counttelakn for damagas. arising trom te aleged malticus and baseless clas of Abraharn iG a compueory counters as 1 arsea fom Abraham's ccmalain Heros te RTC as jurstcsen evar Saher Sourterlain oven it iret exceed to uredoteral famount of Pa03,000, x (On the basis ofan alaged promissory note executed by Held in favor of Ramon, the later fled a complaint {or ?950,000.00 against tho former inthe RTC of Davan Cy. nam unveried answer, Harold spsccly denied the genuineness of tho promissory note During the trol, Harold sought to offer the testimanien ofthe oliowing: (1) the testimony of an BI handwriting exper to prove the forgery of his signature; and (2) the tostineny of a credible witness {o prove tet fever Harld nd mcd to oto in favor of Ramon, the same res not supported by 2 onaderation ie eater Yay Ramon validly object to the proposed testimorioe? Give arsf explanation of your shewar, SUGGESTED ANSWER: 4)_ amen ay val bat to he propa tinny san NBI hencling expert fo prove tego. Uncl 88 Ra, 0 gerulnenoss and cue execution of fn sclonabie dgeumont le cosmed. somties bythe devorso. party he fais. to. specficaly ery such Gerunereas and din exec, Hore the senuinenoss and cue execution of the promissa'y noe, uhien le an actontbie document, was Irplecty agrited by Harols wen ho fled to deny the fame under oath, hs anawer being unvriies, hove Harel is preclace trom setirg up. the defense of rgery and thue Raion may object fo he sroposed testincry deere to pve fergay, 2) Ramon may not vaisly obfct to the proposed tesbninysowirg atthe ot nat nt supped bys ‘The Supreme Cour has eld that an plied aes urdor 88 RE dees rot preclude the stvoros party Fon Inraucing wiceree that re actionable document won ot Supoorted by a consisration. The reason lethal such 2017 REMEDIAL LAW 97 on: auestons aed Suggest Ateneo fvideree is not fonsistent wih ti impli scission St genuinanass ard dun exoedton. ‘cabal. Acatal, 35 aren 2005) “Tha fact that he defense of leek of onsicestion fs incanistent nity Harolds fens ef forgery i also ot objectionable ‘Under the Rulca of Gil Procedure. a party may sot {enh lua or more sintements of defanco ctrratvely ot hypanstealy [82 R3) x » ‘ead ted againet Buboy ae action for rescission of a contract for the ale of @ commercial lt Aor Ineving been told by the wife of Buboy that Ror husband tae ut of town ard would not be bsek until afters Couple of daye, the sheriff raquostod tho wif to just fecsive the. summons In bahall of har husband. The Wile acceded Yo the request received the summons land a copy of te complaint, and signed forthe same (a), Was ther a vad service of summons upon ‘Buoy? Explain your ansvter brio. (0) If Buboy fles a motion to dismiss the complaint based on tho ‘win gtounds of Tack of Jurledietion over hie person” and prescription of the ause of action, may Ro be deomad fo have voluntarily Submitted hima to tho jurisdetion of the court? Explain your answer bray (3%) Wat ie the mode of appeal applicable to the fotlowing cates, and what 'stoe may be raised before the reviewing courtieiounal? la) The decision or final order of the Nasional Labor Relations Commission {b)_ Tne judgment o final orgor of the RTC Inthe ‘exorcise of ts appellate jurisdiction, SUGGESTED ANSWER: a) (© No,twro asm vl snow fsrans pon Boy. ‘The Supreme Coir has held tat in crer that there vwllbe vald subeuted serio of summons, the she! Trusthve exeris: lige ets to ace prtora serie Asurmens within a oaecnebe. Se are eee henin esata teers selina orem toc (No, Butoy may net be deemed o have volurtaniy subvieg hereof othe election ore cau Under tne Rules of Gil Procedure, the incsior ina motion *0 dns of ciPer grounds aside fom tak ot oreonel jusdicion hat net be vcemed 8 velunag Sopearance, (820 Ria!" EEL RELR RR im 220 niet ops se 2017 REMEOIA. La wo 5) 2]_Thore 6 a0 mode of sppeal om a caciion ar {nal otcer fife NURG, since such dsision o fal order Aneland axectery prsiart tho Labor Coco. (At. 223, ‘The remedy ofthe agrlved patty i 0 fle spect fev avon for carrer sth th Cour of Appeals St tartn Funeral Homey. NLRC. 285 SCRA #94), Such Special dl scion may rise questions both of fact rc ian (Aggataa v, COMELEC, 429 SCRA 400) |The modo of appeal applicable to ucgmnts or na’ order o* the ATC ie ina evarciee of ts oppelate iinkesaton iso patton for reve under R42. The pater ‘oy raise eucetone beth o fat and la. [82 RAZ] xi a) Judgment was rendered against dofendant Jaypee sn an etion for unis detainer The judgment ordered aypoo to vacate and to pay atorney's fees in favor of Bart, the plain ‘To proven tho immediate execution of the judgment would You alvise the posting of a suporsodoas bond Se couneel for Jaypee? Epa your answer brey 5) [A temporary restraining order (TRO) wes iesved fon September 20,2017 by the RTC agalnst defendant ‘ctr enjoining him trom entering the land of Regan, ite plana on October 9,217, upon aplication of Rego, the tl eauralgeay ih the! neon of Juste: tates Giese vars pes sarin eas May Jof bo llable for contempt of court? Why? SUGGESTED ANSWER: @ No, a8 counsel fe Jaypee | would nc adie the ofamuparadeas bene ore Under the R70, «supers bond s noocasay to proven mmadies execution only th udgrert awarced form aomogesovd cos ere ne use oy edna Jno to oct to peytorays eas. A spmrninas Soe roared 1 Sree aoa fe 1Soe ones 8 hach 1 ‘Hence the posting of a eupereedees bond is nat aie ® ho otf may not be ae for corte, Under tne Rule on Preiminay Inimetion, 2 TROIS efecive only for_@ gored of 20 doje frm sees on ‘he person saught to be sroined ts deemed aiematealy vacated it the application for praiminary injunction {erie or not resaived wih tho Gad ped aPd ho. cou Shall have the authory to extend or renew te TRO en the same ground for which tea sued, [85 RSS) 2017 REMEDIAL LAW, 6 Hore the extnelon of the TRO by the RTC was raid snes ore sara greure for whieh he TRO ‘as sued. Hanon the TRO was deemed automatically ‘rated and thus sf may not be table for contomat ferignorhng xt Police offcers arrested tir. Bruggle in a buy-bust operation and eonfiested trem him 10 sachets of Shabu and several marked genuine peso bills worth 000.00 sed as the buy.bust money during he Buy bs operation. [At the trial of Mr. Druggle for violation of RA. No. 9188 (Comprehensive Bangerous Drug Act of 2002), {the Prosecution offered in evidence, among others photocopies of the confiscated marked genuine poso bile. The photocopies were offered to prove that Mr. Bruggie had engaged at the me gf his arest In. tho ‘legal sling of dangerous drugs.” Invoking the Bact Evidence Rule. Atty. Mays Bang he defense counsel, objected to the admissibiy ‘ofthe photocopies of the confiscated marked genuine pete bls Should the tril judge sustain the objection ofthe Aifonse counsel? Srafly explain YOUF anwar. SUGGESTED ANSWER: No.the tal juge enouls net sustain the objection that invokes the best evsenca cule im tw 0.44 20002010) TREMMDIAC LAW The Supreme Cour has held that tv Dest evidence rule applies ony Yo doouentary evidence, moto cbfec of tesimana evidence Hore the meted mongy is ctjct not docurertary evidence since ts berg ofared fo prove nots contents ute xstonae are use he butts! aoeraton. People We Tandoy, 192 SORA 28 (1900) Immodiataly before he ciod of gunshot wounds to nie chest, Vonancio told the atanding plysician, In ‘ery feeble Vole, that twas Araulfo, his costorkor, ‘who had shot him, Vensnco added that it was. sls0 [Armifo vito hed shat Vieents, the man whose cadaver ‘wae lying on the bed beside him In the prosecution of Amnuilfo for the eriminal killing of Venanclo and Vicento, areal the statements of Venancio admissibiaas dying declarations? Explain your answer. SUGGESTED ANSWER: ‘No. qo al he sistenent ot Vanes ere emis 3 ylog declarations Under the Rules on Evidence, = yng declaration Ie acmieible ex an exception lo the hoareay rao provisos that uth selraton roils fo te cause ofthe seaarares \enanci'sstaterert that ites Arrow shot him fs mimissbie a a Sng dosavation. Te same roaiee (0 Nenanci'e oun dame may be Infod hei Versnclo bad corscusness oh imparding dain since he sured wounds to ng chest which ou cesar Ee 2017 REMEDIAL LAW 18 However, Venanci's atatomert that it was Arnulf sno chat ics Is ot missibe 2s 2 cying declaraicn Sresitetd not eats tothe caus of the declarant Geath Bub to the eth of eather person. xv. Inan etlempt to dscret and impeach a Prosecution vwinaas n'a Pelee ease, the defense course! caled Yao gund a person wha had eon the boyhood fend tnd nextdoor neighbor of the Prosecution winass for Spyearn One quoction that the defense counsel askes of the impeaching iiness was: "Can you tell this Honorable. Gourt about the general reputation of the ‘HSuection waness in your eammunty for aggressiveness End wolen endoncies?™ ‘Would you, asthe tal prosecutor, Interpose your tbjestion to the question of the defense counsel? Explain your answer, ‘SUGGESTED ANSWER: Yes. | a5 tne tial prosecttor, would intrpese my objection todetenee counsels cuesion on he ground of Inpraper mpaachrent, Undar the Law on Evidence, on adverse pats swtneae may be propery Iigeachea by reputation evidence roves rat ite to te afect at tha winess' genera ‘putaton fr honesty, uth, or itegly wes pec. (517 iba The epnion ast ory cn tart or rubies EP ininentoss Coral, People, 68 SORA 17 Here the estan i not on the Prosecution wine's general reputation for honesty, eh, 2 leg bk on his SSproceta ane volert tendencies. The evdence, had 2Bzing to ce wth ‘tw viness's chart for tahuness Srunttuntines. Hence the mpeactment was imorepe: 9 44 20002010) EAA LAW Xv. Engr. Magna Nakaw, the Distt Engineer of the DPW in tho Province of Walang Progreso, and. Wi. Park chop, a private contractor, mere both cherged in the Office of the Ombudeman for violation ef the Ant Graft and Corrupt Practions Act (RA. No. 3015) under a conspiracy theory, nile the charges were undergoing investigation In the Office of the Ombudsman, Engr: Magna Nakaw assed aviay. ar. Pork Chop’ immediatly fed ¢ ‘motion to terminate the Investigation and to dismiss ‘he charges against him, arguing that because he was, charged in conspiracy with the “docoased, there wes no longena conspiracy te spesk of and, consequent, any legal ground to hold him for wil had bees extingulsned, Role on tho motion to torinate fled by Mr. Pork Cchop, with Ble? reasons, SUGGESTED ANSWER: Me. Poss Chop's motion ta terminate the investigation before the Ofos etre Ombueman = deve, Ina gto vohing slr faci, the Surene cout nels tae sonin fw conan sven acca the one puss ow, ot meen fal ts eager ot

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