| BCF UNIVERSITY COLLEGE OF LAW. IVIL PROCE! \__FINAL EXAMINATIONS: MARCH 16, INSTRUCTION: BS 'S: This examination consists of TEN (10) questions. stion carefully before answering. , simply draw a line across the mistake. Di . Do not make aty other marks on your booklet. Do not fold or tear out any page. A deduction of five poi Followed. Coos paints Will be indicated if these instructions are not 1. __Up to when can jurisdiction over the subject matter and jurisdiction the person of the defendant be quesvoned? ney aes = 2. X wants to bring two actions against Y. The first cause of action is for Partition of the property that is titled in the names of X and Y in co-ownership. ‘The second cause of action is for the payment of P 2,000,000.00, which Y had Peeves am Ba Mercedes Benz. Can the causes of action be joined? pts} 3. The MTC rendered a decision ordering B to pay A the amount of P 100,000.00. B appealed the decision to the RTC. The RTC subsequently affirmed the decision of the MTC. X, counsel for B received a copy of the RTC decision on January 10, 2004. X promptly filed a notice of appeal with the RTC on January 15, 2004, stating therein ttfat he was appealing the decision to the CA on questions of fact and law. X likewise filed the appropriate fees. The RTC then issued an order on January 16, 2004 directing the elevation of the records to the CA. On January 20, 2004, A filed a motion in the RTC for execution of its judgment. Can the RTC act on the motion to dismiss? (5 pts) Assuming the RTC ‘can act, how should it resolve the motion to dismiss? (5 pts) 4. Distinguish between certiorari, prohibition and mandamus. (10 pts) 4 May a writ of preliminary attachment be issued ex-parte? (2 pts) curing tak it can be issued ex-parte, what is required to be done when is to be enforced? (2 pts) Distinguish preliminary attachment from garnishment. ( pis) What are the necessary requisites forthe issuance of @ wrt of prelinary injunction? (2 pts) May a writ of preliminary injunction be issued ex-par pts) i deed of conveyance in judgment directing X to execute the appropriate fever of ¥ nas become final. Upon execution, X could not be located. How may the decision be implemented? (5 pts) 1995, Defendant t was rendered by the RTC on August 1, 1 fie stay of the judgment. on Ari 10, 2002, The counsel fr the rerendant received a copy of the same on February 10, 1997 but a notify ceetfent, Defendant filed an action to annul judgment onthe gro extrinsic fraud. Ts the action of the defendant proper? (5 pts)8. _An amicable settlement was signed before January 3, 2003. On July 6, 2003, the party entitled to payment acked that the Lupon execute the terms of the settlement. Can the Lupon act on the execution? (3 pts) When can a case covered by the Rules on Su Proced dismissed for improper venue? (2 pts) mmery ae the Lupon Tagapamayapa on 9. A judgment was rendered against X, copy of which was received by him on January 15, 2004. X wants to file a motion for new trial based on newly discovered evidence and engages your services to assess the situation. How will you determine if the evidence in the possession of X is indeed newly discovered evidence? (5 pts) Assuming that a motion for new trial was filed on January 20, 2004, can another motion for new trial be filed later? (2 pts) When is a motion for reconsideration or new trial a pro-forma motion? (3 pts) 10. A complaint for the payment of the amount of PHP 500,000 as evidenced by a promissory note was resolved by the MTC in favor of the plaintiff. The defendant wants to appeal the judgment to the RTC. How should the defendant appeal the judgment? (2 pts) How should the RTC resolve the appeal? (3 pts) ‘Assuming the complaint was dismissed without trial. Can the plaintiff appeal the dismissal to the RTC? (2 pts) How should the RTC resolve the appeal? (3 pts)credit. Be conci: as sub-questions ma aay every answer on a separate page. Answers © commit a rise _be continued on the same page. Should you any other mark , Simply draw a line across the mistake. Do not make Pte te Tne fold or tear out any page. A followed, GOOD LUCK! will be indicated if these instructions are not ae Plaintiff has sought the te i ‘aking of the deposition of the defendant. ue ee ‘of the defendant is taken by written interrogatories. ‘an the plaintiff still serve written interrogatories under Rule 25 upon the defendant? (5 pts) 2 Plaintiff obtained a judgment against the defendant for a sum of money. For failure to take an appeal, the judgment became final on July 5, 1995. writs of execution subsequently obtained by the plaintiff were all returned unsatisfied as the sheriff could not locate any property of the defendant. ‘On June 30, 2005, plaintiff was able to locate properties of the defendant, Plaintiff immediately filed a motion for the issuance of an alias writ of execution. ‘Assuming you are the judge, what will your ruling be? (5 pts) 3. How and when can.an MTC dismiss a case covered by the Rules on Summary Procedure on the ground of improper venue? (5 pts) raneous Rule? (3 pts) e? (3 pts) When is a for in the original ye Prior or Contempo' transfer pendente Ait ore than what is prayed 4. What is meant by th What are the effects of a court allowed to award m complaint? (4 pts) hicular accident, Pepe su! for actual damages, PHP 1,000,000.00 for mot does 1,000,000.00 for exemplary damages. If Pilar and is subsequently declared in default, what can the c Pepe? (5 pts) ed Pilar for PHP 350,000.00 ral damages, and PHP not file an answer ‘ourt award to 5. Due to a vel 00 to Lito that was secured mike extended a loan of PHP 300,000. eee i Mike extended another 10 ey bsequently, MIke ©*" inable to pay:'s for a petition to annul ; issuance of a writ of breliminary injunction ¢4 ety ceca ih 8. In an action i of Butch was served on lamesron wa ae re udoment In Svar Sainee ledle mougatereentcny 3, 2005, and on May 18 2005, evidence. The RTC denied the a iy reali aa car ania was served on James on July 1, 2005. On July 1 2005, tames fle his notice of appeal. The RTC subsequently pelea Ge aaa orang filed out of time. On July 25, 2005, James filed a petition for relief from judgment on the ground of accident and excusable neglect? Has the right to appeal been lost? (5 pts) Assuming that the right to appeal has been lost, is a petition for relief an appropriate remedy? (5 pts) Assuming that the RTC denies the petition for relief, what remedy is available to James to challenge the denial of the petition? (5 pts) 9. Distinguish between: (a) jurisdiction and venue? (5 pts) (b) order of partition and judgment of partition (5 pts) (c) Bonus (5 pts) 10. How may a party have a judgment by compromise set aside? Discuss fully. (5 pts) 41. When does a court lose its jurisdiction upon an appeal? (4 pts) When is it allowed to exercise residual jurisdiction? (3 pts) 12. [In an action by Gloria against Dinky, the TC aftr 00. jud ment of the MTC ordering Dinky to pay on " aa Oe BRR was served a copy of the RTC judgment Path the on saa i d a notice 0! a january 25, Dinky file pinky's appeal timely and perfected? (5 pts)Eo Raa ee Se — GOOD LUCK! 1. How can there be a judgment based on a stipulation of facts? When is it not available? (5 pts) 2 Maria was convinced by the adverse party into believing that she had thirty days to file her notice of appeal and had in fact filed the same on the 20" day after receiving notice of a judgment adverse to her? Maria subsequently discovered her error when she received notice of the entry of judgment. What remedies does she have? Explain fully. {10 pts) 3. How may a defendant set up a counterclaim that already exists at the time he files his answer? (5 pts) 4. Two identical civil actions are pendina between the same parties, and one casehim to bring documents and to give testimony before the RTC in Laoag City, llocos Norte. Can he legally avoid compliance with the subpoena? Discuss fully (5 pts) = 11, Distinguish between judgment on the pleadings and summary judgment. (5 pts) 12. Mary sued Jane for the payment of a sum of money. Judgment was eventually rendered in favor of Mary ordering Jane to pay the sum of PHP 200,000. When the judgment became final, Mary's counsel moved for the execution of the judgment. Upon motion, the court ordered the issuance of a writ of execution. How may and within what period can the sheriff proceed to effect satisfaction of the judgment? Discuss completely. (10 pts) 13. What are the grounds for a motion for new trial? If granted, what are its effects? Explain fully. (5 pts) 14,BCF UNIVERSITY COLLEGE OF | CIVIL PROCEDURE. LAW | '~MIDTERM E} JANUARY 20, M EXAMINATIONS INSTRUCTIONS: This Read each question without any discussion answer on a separat examination consists of TEN (10) questions. arefully before answering. A mere yee oy no eal mot be given credit. Be concise. Begin every N ge. Answers to sub-quest continued on the same page. Should you commit’ mistake” simply raya lime across the mistake. Do not make any other marks on your : fold or tear out any page. A deduction of five point will be indicated if these instructions are not followed. GOOD LUCK! 1. Pedro filed a complaint in the Regional Trial f Bi against D for the recovery of an alleged overpayment for ®. motor vehicle. Later, but before summons could be served in the Baguio case, D filed in Manila an action against Pedro for collection of the alleged balance on the same motor vehicle. Pedro moved to dismiss co case on the ground of litis pendentia. Is Pedro correct? (10 pts) 2. Juan sued Jose for recovery of property. Jose subsequently filed his answer with a counterclaim against Juan. At the pre-trial, trial was set to commence on January 15, 2004. On said date, Juan and counsel failed to appear without justifiable cause. The court subsequently dismissed the complaint and counterclaim. Is the action of the court permissible? (10 pts) 3, In a case filed by Boy against Girl, Boy took the deposition of Y, the best friend of Girl. During the trial, Y was called to testify by Girl. If Boy subsequently uses the deposition of Y, i Boy? Discuss fully. (10 pts) 4, Judgment was rendered by a court reconvey the subject real on to the an appeal by the defendant, X, the person f eaweved the property prior to presentation of the plaintiff's evidence, sought to intervene. Is interv may it still be allowed? (10 pts) 5. Plaintiff filed a complait a deed of sale erecta’ i a et defendant specifically denies e ol measures that may be or should be taken by the pl fully. (10 pts) is Y also the witness of ordering the defendant to plaintiff. After the taking of to whom the defendant had ention proper? Assuming it is proper, nt for delivery of a real property based on in his favor by the defendant. In his answer, ion to deliver. What are the jaintiff? Discuss6. What are th e requi rowed $e fe ‘quisites of a valid moti writing? (10 pts) lon? What motions are not 7. In an action filed by p agai Partial stipulation of facte due se. , the parties entered into a obtained admissions from luring the pre-trial. During the trial, P D. Subsequently, P completed the « After due consideration, D was of the is claim. Is a motion 8. __ Jose filed a complaint against Juan. Prior to filing his answer, Juan filed a motion for a bill of particulars, which the court granted. Jose failed to file the bill of particulars. Jose’s omission eventually led to the dismissal of the complaint. A few months after, Jose decided to re-file the same complaint against Juan. Is Jose allowed to do so? (10 pts) 9. When is a witness not bound by a subpoena? What are the consequences of disobedience to a subpoena? (10 pts) 10. Which of the modes of discovery require prior leave of court? Which do not require prior leave of court? (10 pts)MISE TY OF THE CORDILLERAS _ COLLEGE OF LAW CIVIL PROCEDURE ———___Midterm Examinations-January 27 2005 INSTRUCTIONS: This examination consists of a . must be completed in TWO HOURS. Read ltl Bas iy ate each question ily before answering. A mere yes or no without any discussion i pri will not be given credit. Be fold or tear out any Page. A DEDUCTION OF FIVE POINTS will be indicated if these instructions are not followed. GOOD LUCK! Zz. Distinguish between the “nature of the action test” and the “primary objective test”. (5 pts) Z, A is indebted to B, The indebtedness is evidenced by a loan agreement, where C has affixed his signature as a solidary debtor. A does not pay on the due date. Against whom should B bring an action? Why? (5 pts) a X filed an action against Y. Two days thereafter, X filed a notice of dismissal before Y could file his answer. The court confirmed the dismissal in an order received by X three days after he filed his notice of dismissal. Ten days after receipt of the order confirming the dismissal, X filed an amended complaint. Must the amended complaint be responded to? Within what period must it be responded to? (5 pts)the defendant was always at the neighborhood billiard hall, substituted service was resorted to by the process server. The defendant subsequently saw the summons, together with a copy of the complaint on July 1, 2003. On July 17, 2003, plaintiff moved to declare defendant in default. Upon motion by the plaintiff, may the court declare the defendant in default? (Spts) Upon a declaration in default, what may the court do? (5 pts) 8. X sued Y for the delivery of computers and accessories valued at PHP 500,000.00. The action is filed in the RTC of Baguio City. X is a resident of Manila, while Y is a resident of Baguio City. Is venue properly laid in Baguio City? (Spts) Will your answer be the same notwithstanding a written stipulation between the parties providing that venue should be in Manila? (Spts) 9. A sued B to compel delivery of a motor vehicle. In his suit, A based his claim on a deed of absolute sale executed by B in his favor. In his unverified answer, B maintains that he has no such obligation to deliver a motor vehicle to A. During the trial, is B allowed to prove that he had returned the amount paid by A? Explain. (5 pts) 10. Distinguish between an amended pleading and a supplemental pleading. (4 pts) Distinguish between service and filing. (3 pts) What is a bill of particulars? (3 pts) 11. Jose is the owner of a house and lot located at Aurora Hill, Baguio City. The said real property is the subject of a real estate mortgage executed in favor of XYZ Bank. On June 1, 2004, Jose sold the same property to Ji same? Simm ac aUNIVERSITY OF THE CORDILLERAS FINAL Bxan OLLESE OF LAW \MINATIONS-CIVIL PROCEDURE. —_______ MARCH 10 2008 INSTRUCTIONS: This examinatioi : 77. nm consists of ELEVEN (11) i guest pe area etre answering, Discuss the a Seay een a Sram aout any discussion wil not be glven credit. Be concise fccneney etna see ° ge. Answers to sub-questions may be continued on the fame Base. Should you commit a mistake, simply draw a ine across the mistake y other marks on your booklet. Do not fold or tear out any page. A deduction of five point: i Saosin Points will be indicated if these instructions are not followed. a Dente sued Jason for unpaid interest on a promissory note. Jason alleges pout execution of the note and a release of the obligation to pay interest. er trial, judgment was rendered for Jason on the basis of the alleged defenses that the trial court found to be substantiated by sufficient evidence. The judgment eventually lapsed into finality. When the promissory note eventually matured, Daniel sued Jason again for the principal amount. What effect does the judgment in the first case have on the subsequent case? (10 pts) 2. After the plaintiff has completed presentation of his evidence in chief, what option is available to the defendant besides the presentation of his own evidence? What are the consequences of resort to this option? Discuss fully. (10 pts) 3. A judgment is rendered in favor of X as against A, B, and C. The judgment States that A, B and C are liable to pay X the amount of PHP 100,000.00 each. Before the judgment becomes final, A discovers that his counsel had evidence that if presented and considered by the trial court, may have the effect of reducing his liability. Can A file a motion for new trial? (5 pts) What must a motion for reconsideration contain so that it will not be considered a pro-forma motion? (5 pts) 4, Ed extended a loan of PHP 300,000.00 to willy that was secured by a real estate mortgage. Subsequently, Ed extended an unsecured loan to Willy for PHP 250,000.00. When both loans fell due, Willy was unable to pay. Can Ed join his action to foreclose on the mortgage and the action to collect on the subsequent unsecured loan? (5 pts) of the MTC ion by Ben against Jun, the RTC affirmed the judgment 5, _ Inanaction by Ben ag of te deri jed a copy ordering Jun to pay Ben PHP 150,000.00. Jun was serv’ f judgment on January 15, 2008. On January 25, 2008, Jun filed 2 notice of appeal? with the RTC. Was Jun’s appeal timely and perfected? (5 pts) | / : |a judgment in favor of Gigi, where Ramon, Ernie’s brother is the defendant. To protect his interest in the property, can Ernie intervene in the action between Gigi and Ramon? (5 pts) Assuming that Gigi filed suit against Ramon and Ernie at the onset instead of bringing suit against Ramon only, may Ernie maintain a third party complaint against Ramon for reimbursement of the amount that he paid to Ramon for his interest in the property? (5 pts) 9. Ric, a Filipino overseas contract worker, residing in Amman, Jordan borrowed $5,000.00 from a branch of the Philippine National Bank in Riyadh, Saudi Arabia. As security for the loan, Ric executed a real estate mortgage over property located in Aurora Hill, Baguio City. When Ric defaulted in payment, the Philippine National Bank Baguio Branch brought an action to foreclose before the Baguio City Regional Trial Courts. How may summons be validly served upon Ric? (5 pts) 10. |X Bus Company purchased 10 buses from Y Motor Company, appropriately covered by promissory notes and a chattel mortgage. Y Motor Company then assigned the notes and chattel mortgage to ABC Bank, who then assigned the same to 123 Finance Company. X Bus Company defaulted in the payment, causing Y Motor Company, ABC Bank and 123 Finance Company to demand payment. Is interpleader an appropriate remedy for X Bus Company? (5 pts) Assuming that X Bus Company has filed an action for interpleader and 123 Finance subsequently reset rare a lla ak ON cia iis cael OE iy_ BAGUIO COLLEGES FOUNDATION ~~ COLLEGE OF LAW ON CIVIL PROCEDURE | FINAL EXAMINATIONS | OCTOBER 7, 2003 | Nae INSTRUCTIONS: This exami caw F ‘amination consists of TEt 1 7 on m N (10) it : two (2) pages. Read each question carefully before ei anes 10 without any discussi Tore nee eee answer on a separate Page. Answer: i . AN 'S to sub-questions may be panes Should you commit a mistake, simply draw a ine os he nist © any other marks on your booklet. Do not fold or tear out any page. A deduction of fi i i if i ‘ Goop Luck ve points will be indicated if these instructions are not followed. 1. What are the grounds for a motion for new trial? If ees? (NBS, if granted, what are its 2. Maria was convinced by the adverse party into believing that she had thirty days to file her notice of appeal and had in fact filed the same on the 20" day after receiving notice of a judgment adverse to her? Maria subsequently discovered her error when she received notice of the entry of judgment. What remedies does she have? Explain fully. (10 pts) a. Pedro received a copy of the RTC decision on May 9, 2003. Juan received his copy on the next day, May 10, 2003. Pedro filed a Notice of Appeal on May 15, 2003. On May 16, 2003, Pedro and Juan executed a compromise agreement. On May 17, 2003, Juan filed a motion for the approval of the compromise agreement with the RTC. Pedro subsequently changed his mind and opposed the motion for approval of the compromise agreement on the ground that the RTC had lost jurisdiction with the perfection of his appeal. Is Pedro's opposition meritorious? (10 pts) 4. If a non-party wishes to intervene in a pending action, what are the requisites? (10 pts) 7 ‘Alan was injured in a vehicular accident. He eventually sued the Alex, the ene of the offending vehicle, Antonio, the owner of the offending vehicle and ABC Insurance Corporation, the insurer ‘of the offending vehicle for PHP 1,000,000. As alleged in the complaint, Alan was suing Alex and Antonio for oe damages that he sustained and ABC Insurance Corporation on its ot insurance coverage of PHP 50,000 in a case involving damage to another. ABC Insurance Corporation admitted tiabil entered ampromise agreement with Alan for the full amount of Ws cone rachel hebalen 9 to its eventual dismissal as a defendant Upon havi a : ng and Antonio filed a motion to dismi a ris rac coo geo a ee , the case can Prosper wit exclusion of ABC Insurance Corporation. Are Alex and Anta eo ore 6. Outline the appeals Process to the Suprer . the MTC, include the periods for taking action (10 atone ® C22 decided by 7. Jose is a resident of Ba il i ibpoen - s guio City. He receives a Ceo him to bring documents and to give testimony before the mrceiaeey a 20S Norte. Can he legally avoid compliance with the subpoena? What ) lons are imposable if he refuses to comply without legal justification? (ao 8. Mary sued Jane for the Payment of a sum of money. Judgment was eventually rendered in favor of Mary ordering Jane to pay the Sai ‘of PHP 200,000. When the judgment became final, Mary’s counsel moved for the execution of the judgment. Upon motion, the court ordered the issuance of a writ of execution. How may and within what period_can the sheriff proceed to effect satisfaction of the judgment? Discuss completely. (10 pts) 9 After trial, the judgment of the MTC was appealed to the RTC. It subsequently determined that the MTC rendered fiction. What can the RTC do? (5pts) What are the consequences of a resort to an erroneous mode of appeal? (5 pts) 10. ‘In an action for the payment of a sum of money, the plaintiff alleged in his Complaint that “ On January 15, 2003, the defendant obtained a loan from the plaintiff in the sum of PHP’50,000, payable within a period of sixty days with interest at the rate of 12% per annum, that said loan was not paid, that despite repeated demands the defendant adamantly refuses to pay the sum of PHP 50,000 plus interest.” In his Answer, defendant denied the allegations of the plaintiff on the ground that he does not possess knowledge or information sufficient to form a belief as to the truth of the said allegations. What is the effect of such a denial? (10 pts)Tr ty a | | a A GOOD LUCK! ~ (Ndicated if these instructions are not followed. ft. When is a civil action consid menced’ should it be based? (Spts) oe eae: “Npon what 2. In an action for dam : ‘ to the defendant registered mail. Defendant received a copy of the summons, together pig Copy of the complaint on July 1, 2003. On July 17, 2003, plaintiff moved to ao defendant in default. May the court declare the defendant in default? Spts) ages, summons was sent 3. X sued Y for the delivery of Personal property. The action is filed in the RTC of Baguio City. X is a resident of Manila, while Y is a resident of Baguio City. Is venue properly laid in Baguio City? (Spts) When can exclusive venue be stipulated upon? (5pts) 4. What are the requisites of a class suit? (Spts) What is the rule on transfer of interest? (Spt) S.. P sued D in the MTC of Baguio City. Within the reglamentary period, D filed his answer, interposing therein that the claim of P is unenforceable under the statute of frauds as an affirmative defense. D also’ interposed a compulsory a ae(sad oT) Aliny ssnosid é 0} paby si ‘sayep payeindys aij uo pled jou a4em sej0u eee a ea uo ajgeded ‘aouejeq ayy 405 yee 00°000'0Sz dHd 404 sajou Aossiwioud om) panss! 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Anuandasans pays ays “euepise 5,210 u! Bulpises Uat quapms Buisinu @ ‘sayyonep $,2109 (ad ¢) cuowed pur 16 uaemjeq uon! eo ‘Ayadosd aup ul ysezanu! SM spayoid OL ape ayy Ul SUaAIAIU! aug Ul 1d AR on © Fe Ot en caiuig (UoWweYy ae4uM 161 40 408 2 mSNd@Q SOM UCM) CO TarICe HEP DUSHIESS, ff YUU Were CUTIE SE Pan, Wenig action would you subsequently take: File a motion to set the case for Pre-Trial File a motion for Judgment on the Pleadings a. b. c. File a motion for Summary Judgment d. File a motion for Production of Documents to obtain relevant information regarding the business of Maria a Ernie files suit against David and Jason. 15 days after service of summons, David is unable to file an answer. Jason files his answer. What may ensue? David can be declared in default by the court a. b. David may file a motion for extension to file his answer es After properly declaring David in default, the court shall try the case against Jason and render judgment upon the evidence presented. d. Neither a, b, or c 8. In action against a public officer who dies while the same is pending, the action is: - ce eacenr rinon his assumption to the office1 \s an allegation of new matter, which although nypotneticany aamiting me material allegations in the pleading would nevertheless bar or prevent recovery. 2, Is a claim by one party against a co-party arising out of a transaction/ocourrence that is the subject matter either of the original action or the counter-claim, 3% Is an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his. personal knowledge and/or is based on authentic records. 4. Occurs when a party attempts to have his action tried in a particular court or jurisdiction where he feels he will receive the most favorable judgment. 5. The institution by a party of more than one suit where the filing of one or a judgment upon the merits in anyone is available as a ground for the dismissal of the others. 6. An action brought against a person based on personal liability to the person bringing it. ay The right to commence and maintain an action, it is a remedial right that depends on substantive law. 8. ls one who has a correlative obligation, whose act or omission violates the legal rights of another. 9 Exists when the plaintiff is not the real party in interest.9 X, a resident of Cebu City received @ subpoena tr testify ir case between Brad and Tom that is to be filed before the ae eae Tal Court. X is not bound to comply with the subpoena under the following mune a. His viatory right ~ b. No notice was given by Brad to Tom li es see by regarding the application for issuance G Witness fees for his one day appearance was not tendered subpoena was served —- d. Neither a, b, or ¢ 10. Robert filed suit against Richard for damages arising from the failure of the latter to complete deliveries of goods contracted for under one of successive contracts earlier entered into. In the complaint of Robert, he failed to attach a copy of the pertinent contract. Richard may: File a motion for a bill of particulars File a motion to dismiss for failure to state a cause of action File a motion for inspection or production of the subject document Neither a, b, or c aooo SECTION III 1. When can a deposition of a person be used in lieu of testimony in open court? (5 pts) 2. What are the parts of the body of a pleading? (5 pts) F = ‘What is a verification? What is a certification? When are they required’ GS 3. es the exceptions to the omnibus 4, What is an omnibus motion? What are ex motion rule? (5 Pts) te the ground for motion to dismiss that will bar a subsequent filing of Stat ae game case? (5 pts) hat can & defendant do against a complaint that fails to include an 6. wi indispensable party? (5 pts)ae jac esBeesesen eetetbe: teeeereetuenereerensS) sell wens siereS: seeeeibeiwomel not seeder Sees beeeenund what would be your alternative remedy, if any? (5 pts) 2. Boy, a resident of Baguio, sold a quantity of vegetables to Girl, a resident of Manila. The contract provided that payment was to be made by Girl upon delivery. Boy delivered the vegetables to XYZ Trucking, who bound itself to deliver the vegetables to Girl. Girl did not pay. When Boy made a demand for payment, Girl claims no delivery was made. Upon inquiry with XYZ Trucking, it claims delivery was made. Assuming Boy is minded to sue, how should he now proceed under the circumstances? (5 pts) 3. Ann, Beth and Carol executed a promissory note for P 250,000.00 to Peter dated January 15, 2005 and payable within 120 days from date at Peter's residence in Manila. Dan and Edwin, also executed a promissory note in favor of Peter for P 300,000.00 also payable at Peter’s residence in Manila within 90 days from date. Upon default of Ann, Beth, Carol, Dan and Edwin on their respective notes, may P sue all of them in a single action on both promissory notes? (5 pts) 4. X sold a parcel of land to D in 2000 and in 2001 D sold this parcel of land to P. In 2003, X sued D in the RTC to rescind the sale of the land to D. In 2005, judgment was rendered in the action declaring the sale of the land from X to D rescinded and without effect. P now sues D and X for specific performance and for recovery of the possession of the parcel of land. X moves to dismiss on the ground that the action is already barred by the 2005 judgment in the action of X against D rescinding the sale from X to D. Resolve the motion to dismiss. (5 pts) ee ee ae al ki alia aa aT ae