BATCH MATATAG

HOKAGE FACTION
MOCK FINAL EXAMS
CIVIL PROCEDURE

OPEN NOTES ALLOWED. PLEASE DO NOT REFER TO SILIMAN Q&A FOR ANSWERS.

I. True or False. The filing of a motion for the reconsideration of the trial courts

decision results in the abandonment of a perfected appeal.

i. False. The trial court no longer has jurisdiction of the case

therefore the motion for reconsideration can no longer be

entertained.

II. On July 15, 2009, Atty. Manananggol was served copies of numerous unfavorable

judgments and orders. On July 29, 2009, he filed motions for reconsideration which

were denied. He received the notices of denial of the motions for reconsideration on

October 2, 2009, a Friday. He immediately informed his clients who, in turn,

uniformly instructed him to appeal. How, when and where should he pursue the

appropriate remedy for each of the following:

(a) Judgment of a Municipal Trial Court (MTC) pursuant to its delegated

jurisdiction dismissing his clients application for land registration?

i. Appeal should be filed with the RTC via Ordinary Appeal under

Rule 40 thru a notice of appeal within 15 days from the receipt of

notice of judgment or final order.

(b) Judgment of the Regional Trial Court (RTC) denying his clients petition for
 a writ of habeas data?

i. Ordinary Appeal under Rule 41 should be filed with the Court of

Appeals by filing a notice of appeal within 15 days from receipt of

judgment or final order.

(c) Order of a family court denying his clients petition for habeas corpus in

relation to custody of a minor child?

i. Ordinary Appeal under Rule 41 filed with the RTC via notice of

appeal within 48 hours of receipt of judgment or final order on

habeas corpus cases.

(d) Order of the RTC denying his clients petition for certiorari questioning the

Metropolitan Trial Courts denial of a motion to suspend criminal

proceedings?

i. Petition for Review under Rule 42 filed with the Court of Appeals

within 15 days from the receipt of judgment or final order.

(e) Judgment of the First Division of the Court of Tax Appeals affirming the

RTC.

i. Appeal with the Court of Tax Appeals en banc.

III. Distinguish the two modes of appeal from the judgment of the Regional Trial Court

to the Court of Appeals.

i. The two modes of appeal from the judgment of the RTC to the

Court of Appeals are those that are made by the RTC on its
 Original Jurisdiction and that of made within the RTCs

Appellate jurisdiction.

The former is governed by Rules 41 and 45 of the Rules of

Court where as the latter is governed by the provisions of

Rule 42.

The former is an Ordinary appeal under Rule 41 filed with

a notice of appeal within 15 days after receipt of Judgment

or Final order or with record of appeal, 30 days after

receipt of judgment or final order. Also the former may

also avail of Petition for review on certiorari under Rule 45

within 15 days from receipt of notice of judgment or after

denial of Motion for new trial or Motion for

reconsideration. Where as the latter under Rule 41 is made

15 days after receipt of notice of decision, or denial of

Motion for reconsideration.

IV. After receiving the adverse decision rendered against his client, the defendant, Atty.

Sikat duly filed a notice of appeal. For his part, the plaintiff timely filed a motion

for partial new trial to seek an increase in the monetary damages awarded. The RTC

instead rendered an amended decision further reducing the monetary awards. Is it

necessary for Atty. Sikat to file a second notice of appeal after receiving the
 amended decision?

i. Yes Atty. Sikat should file a second notice of Appeal. Based on

Supreme Court Decisions a second notice of appeal is necessary

when the Trial Court renders an amended decision. On the case

at bar the reduction of the monetary awards on the amended

decision requires Atty. Sikat to file a second notice of appeal.

V. Compare the certiorari jurisdiction of the Supreme Court under the Constitution

with that under Rule 65 of the Rules of Civil Procedure?

VI. After the prosecution had rested and made its formal offer of evidence, with the

court admitting all of the prosecution evidence, the accused filed a demurer to

evidence with leave of court. the prosecution was allowed to comment thereon.

Thereafter, the court granted the demurer, finding that the accused could not have

committed the offense charged. If the prosecution files a motion for reconsideration

on the ground that the court order granting the demurer was not in accord with law

and jurisprudence, will the motion prosper?

i. No the Motion will not prosper. Under the Rules of Court the

grant of a demurer to evidence on criminal proceeding is

considered as an acquittal of the accused and is non appealable.

On the case at bar granting the motion for reconsideration would

violate the accused right against double jeopardy.

VII. Distinguish the effects of the filing of a demurrer to the evidence in a criminal case

and its filing in a civil case.

 i. Effects of filing demurrer to evidence in criminal cases and civil

cases maybe distinguish as follows:

In the former grant of the motion gives a judgment of acquittal

to the accused, whereas in the former grant of the motion will

dismiss the complaint.

In the former denial of the motion will allow the accused to

present his evidence if motion is made with leave of court,

however the accused will no longer be allowed to present

evidence if the motion is made with out leave of court and

judgment will be made based solely on the evidence of the

prosecution. Whereas in the latter denial of the motion,

defendant will then be asked to present his evidence.

VIII. On August 13, 2008, A, as shipper and consignee, loaded on the M/V Atlantis in

Legaspi City 100,000 pieces of century eggs. The shipment arrived in Manila totally

damaged on August 14, 2008. A filed before the Metropolitan Trial Court (MeTC)

of Manila a complaint against B Super Lines, Inc. (B Lines), owner of the M/V

Atlantis, for recovery of damages amounting to P167,899. He attached to the

complaint the Bill of Lading.

On July 21, 2009, B Lines served on A a "Notice to Take Deposition," setting the

deposition on July 29, 2009 at 8:30 a.m. at the office of its counsel in Makati. A

failed to appear at the deposition-taking, despite notice. As counsel for B Lines, how
 would you proceed?

As counsel for B Lines I would ask the court to issue a subpoena

to compel the attendance of A as provided for by the Rules of

Court.

IX. Continental Chemical Corporation (CCC) filed a complaint for a sum of money

against Barstow Trading Corporation (BTC) for the latters failure to pay for its

purchases of industrial chemicals. In its answer, BTC contended that it refused to

pay because CCC misrepresented that the products it sold belonged to a new line,

when in fact they were identical with CCCs existing products. To substantiate its

defense, BTC filed a motion to compel CCC to give a detailed list of the products

ingredients and chemical components, relying on the right to avail of the modes of

discovery allowed under Rule 27. CCC objected, invoking confidentiality of the

information sought by BTC. Resolve BTCs motion with reasons.

i. The motion should be denied. As provided by the Rules of Court

one of the requirements of availing of the mode of discovery

provided for by Rule 27 is that the information should not be

privileged. On the case at bar ingredients and chemical

components of CCCs products are part of its corporate secrets

and are therefore confidential and privileged in nature.

X. Amorsolo, a Filipino citizen permanently residing in New York City, filed with the

RTC of Lipa City a complaint for Rescission of Contract of Sale of Land against

Brigido, a resident of Barangay San Miguel, Sto. Tomas, Batangas. The subject
 property, located in Barangay Talisay, Lipa City, has an assessed value of 19,700.

Appended to the complaint is Amorsolos verification and certification of non-

forum shopping executed in New York City, duly notarized by Mr. Joseph Brown,

Esq., a notary public in the State of New York. Brigod filed a motion to dismiss the

complaint on the following ground:

The verification and certification of non- forum shopping are fatally defective

because there is no accompanying certification issued by the Philippine Consulate

in New York, authenticating that Mr. Brown is duly authorized to notarize the

document. (3%) Rule on the foregoing ground with reasons.

The ground for motion to dismiss has no merit. The law does not

distinguish between foreign and local notary publics, it is enough

that they are lawfully allowed to notarize a document. On the case

at bar Mr. Brown duly notarized the document and therefore the

verification and certification of non-forum shopping is complied

with.

XI. A files a case against B. While awaiting decision on the case, A goes to the United

States to work. Upon her return to the Philippines, seven years later, A discovers

that a decision was rendered by the court in her favor a few months after she had

left. Can A file a motion for execution of the judgment? Reason briefly.

i. A can no longer file a motion for execution of the judgment. Under the

Rules of Court a motion for execution of the judgment maybe filed

within 5 years. On the case at bar seven years have already lapsed and
 the remedy for A is no longer a motion for execution but an action to

revive judgment.

XII. Cresencio sued Dioscoro for colletion of a sum of money. During the trial, but after

the presentation of plaintiffs evidence, Dioscoro died. Atty. Cruz, Dioscoros

counsel, then filed a motion to dismiss the action on the ground of his clients death.

The court denied the motion to dismiss and, instead, directed counsel to furnish the

court with the names and addresses of Dioscoros heirs and ordered that the

designated administrator of Dioscoros estate be substituted as representative party.

After trial, the court rendered judgment in favor of Cresencio. When the decision

had become final and executory, Cresencio moved for the issuance of a writ of

execution against Dioscoros estate to enforce his judgment claim. The court issued

the writ of execution. Was the courts issuance of the writ of execution proper?

Explain.

Yes the issuance of the writ of execution is proper. As decided by

the Supreme Court that in case of death of a party execution may

still be issued or be enforced, whether the death occurs before or

after the entry of the judgement.

XIII. Mike was renting an apartment unit in the building owned by Jonathan. When Mike

failed to pay six months rent, Jonathan filed an ejectment suit. The Municipal Trial

Court (MTC) rendered judgement in favor of Jonathan, who then filed a motion for

the issuance of a writ of execution. The MTC issued the writ.

(a) How can mike stay the execution of the MTC judgment?
 (b) Mike appealed to the Regional Trial Court, which affirmed the MTC

decision. Mike then filed a petition for review with the Court of Appeals. The

CA dismissed the petition on the ground that the sheriff had already executed

the MTC decision and had ejected Mike from the premises, thus rendering

the appeal moot and academic. Is the CA correct?

i.

XIV. After trial, the court rendered judgment ordering Roscoe to reconvey the entire

southern half to Salvio. The judgment became final and executory. A writ of

execution having been issued, the sheriff required Roscoe, Carlo and Nina to vacate

the southern half and yield possession thereof to Salvio as the prevailing party. Carlo

and Nina refused, contending that they are not bound by the judgment as they are

not parties to the case. Is the contention tenable? Explain fully.

i. The Contention of Carlo is correct. Under the Rules of Court

strangers are not bound to a judgment where he is not a party to.

On the case at bar Carlo being a co owner before the case was

filed is not a party to the case nor was he joined as party to the

case.

ii. However Nina maybe bound by the judgment she being a

successor in interest. Under the Rules of Court a judgment is

conclusive between the parties and their successors in interest.

XV. (a) What are the rules on the recognition and enforcement of foreign judgments in

our courts?
 i. In case of judgment upon a specific thing it is conclusive upon title

to the thing unless evidence shows that there is lack of

jurisdiction, lack of due notice, collusion, fraud, and and mistake

in law or fact.

ii. In case of judgment upon a person it is presumptive evidence of a

right against parties and their successors in interest unless

repelled by evidence that proves lack of jurisdiction, lack of due

notice, collusion, fraud, and mistake in law or fact.

iii. However an action needs to be filed before the Regional Trial

Court to enforce the foreign judgement.

(b) Can a foreign arbitral award be enforced in the Philippines under those rules?

Explain briefly.

i. No a foreign arbitral award may not be enforced in the Philippines

under those rules. As provided for by law foreign arbitral awards may

only be enforced through rules promulgated by the Supreme Court, as

of this time no such rules exists.

(c) How about a global injunction issued by a foreign court to prevent dissipation

of funds against a defendant therein who has assets in the Philippines?

Explain briefly.

i.

Modesto sued Ernesto for a sum of money, claiming that the latter owed him P1M,
evidenced by a promissory note, quoted and attached to the complaint. In his answer with
counterclaim, Ernesto alleged that Modesto coerced him into signing the promissory
note, but that it is Modesto who really owes him P1.5M. Modesto filed an answer to
Ernestos counterclaim admitting that he owed Ernesto, but only in the amount of P0.5M.
at the pre-trial, Modesto marked and identified Ernestos promissory note. He also
marked and identified receipts covering payments he made to Ernesto, to the extent of
P0.5M, which Ernesto did not dispute.

After pre-trial, Modesto filed a motion for judgment on the pleadings, while Ernesto filed
a motion for summary judgment on his counterclaim. Resolve the two motions with
reasons.

ii. Modestos motion should be denied. Ernestos failure to deny

under oath the genuineness and due execution of the promissory

note does not amount to an admission of its validity. His allegation

of coercion into signing the note is an issue which maybe raised

and tried as an exception to the Parole Evidence Rule.

On the other hand, Ernestos motion for summary judgment

should be granted. Modestos answer stating that he indeed owed

the latter an amount less than what is claimed is an admission of

a material fact which can be resolved summarily and without

trial.

XVI. A defendant who has been declared in default can avail of a petition for relief from

the judgment subsequently rendered in the case.

i. False a petition for relief from judgment can only be availed if

judgment is already final and executory. It can only be availed

when there are no other remedies available.

XVII. Having obtained favorable judgment in his suit for a sum of money against Patricio,

Orencio sought the issuance of a writ of execution. When the writ was issued, the
 sheriff levied upon a parcel of land that Patricio owns, and a date was set for the

execution sale.

(a) How may Patricio prevent the sale of the property on execution?

i. Patricio may file a petition for relief with preliminary injunction

by depositing a bond equivalent to the levied property; or he may

assail the validity of the levy if there are legal grounds; or he may

simply pay the amount required by the writ including the other

costs incurred.

(b) If Orencio is the purchaser of the property at the execution sale, how much

does he have to pay?

i. Orencio should pay the amount that exceeds the value of the

property.

(c) If the property is sold to a third party at the execution sale, what can Patricio

do to recover the property?

i. Patricio can exercise his right to legal redemption within 1 year

with 1% monthly interest and payment of the taxes and other

assessments with also with 1% monthly interest.

XVIII. Upon termination of the pre-trial, the judge dictated the pre-trial order in the

presence of the parties and their counsel, reciting what had transpired and defining

three (3) issues to be tried.

(a) If, immediately upon receipt of his copy of the pre-trial order, plaintiffs

counsel should move for its amendment to include a fourth (4th) triable issue
 which he allegedly inadvertently failed to mention when the judge dictated

the order. Should the motion to amend be granted? Reasons. (2%)

i. Depending upon the merits of the issue sought the motion to

amend may be granted before the hearing of the case. Under the

Rules and for the interest of substantial justice parties should be

afforded reasonable opportunity to make a complete

determination of the controversy between them. On the case at

bar the matter is best addressed to the sound discretion of the trial

court.

(b) Suppose trial had already commenced and after the plaintiffs second witness

had testified, the defendants counsel moves for the amendment of the pre-

trial order to include a fifth (5th) triable issue vital to his clients defense.

Should the motion be granted over the objection of plaintiffs counsel?

Reasons.

i. The motion should be denied. Under the Rules of Court a

modification of the pre trial order is made only before trial. On

the case at bar permitting the amendment of the pre trial order

would manifest an injustice to the party that had already

presented its witnesses and would hold the precise purpose of the

pre trial in defining the course of the trial nugatory.

XIX. True or False. A counderclain is a pleading.

 i. False it is not a pleading as it is an application of a relief other

than that of a pleading.

XX. True or False. A motion is a pleading.

i.

XXI. Within the period for filing a responsive pleading, the defendant filed a motion for

bill of particulars that he set for hearing on a certain date. However, the defendant

was surprised to find on the date set for hearing that the trial court had already denied

the motion on the day of its filing, stating that the allegations of the complaint were

sufficiently made.

(a) Did the judge gravely abuse his discretion in acting on the motion without

waiting for the hearing set for the motion?

(b) If the judge grants the motion and orders the plaintiff to file and serve the bill

of particulars, can the trial judge dismiss the case if the plaintiff does not

comply with the order?

XXII. Charisse opposed the motion citing the "omnibus motion rule." Rule on the motion.

(3%)

(b) Suppose Charisse did not raise the "omnibus motion rule," can the judge proceed

to resolve the motion to dismiss? Explain. (3%)

(c) Suppose the judge correctly denied the second motion to dismiss and rendered

judgment in favor of Charisse, ordering the bank to pay her P100,000 in damages

plus legal interest. The judgment became final and executory in 2008. To date,

Charisse has not moved to execute the judgment. The bank is concerned that its
 liability will increase with the delay because of the interest on the judgment award.

As counsel of the bank, what move should you take? (3%)

XXIII. True or False. Summons may be served by mail.

XXIV. Give at least three instances where the Court of Appeals may act as a trial court?