BCF COLLEGE OF LAW

CIVIL PROCEDURE- PRELIM EXAMINATIONS

DECEMBER 15, 2003

INSTRUCTIONS: This examination consists of two parts. The first part is a True
or False questionnaire consisting of 20 questions. The second part consists of 3
questions. Read each question carefully before answering. GOOD LUCK!

NAME: _________________________________________SECTION: __________

PART I

1. Every ordinary civil action must be based on a right of action. __________

2. A real party in interest is always an indispensable party. __________
3. An instituted action for the payment of a sum of money shall be allowed
to continue until entry of final judgment if the obligor dies during its pendency.
__________
4. Venue and jurisdiction may be waived. __________
5. A cross-claim is any claim by one party against another person not yet a
party arising out of the transaction or occurrence that is the subject matter
either of the original action or of a counter-claim therein. __________
6. A verification and certification against forum shopping are required in all
pleadings. __________
7. An ultimate fact is an essential fact constituting the plaintiffs cause of
action. __________
8. A specific denial must always be made under oath. _________
9. A court has the power to motu proprio dismiss a complaint because it is
barred by the statute of limitations. __________
10. A counterclaim existing at the time of the filing of an answer may be set
up by way of a supplemental pleading with the permission of the court, before
judgment. __________
11. An amended complaint must always be answered within 15 days from
service of a copy thereof. __________
12. A bill of particulars is not a pleading but is part of a pleading. __________
13. Service by mail can only be resorted to in case of impossibility of personal
service. __________
14. Personal service of summons is available in an action against a defendant
who does not reside in the Philippines but whose whereabouts in the Philippines
can be ascertained. __________
15. Pleadings may be amended as a matter of right several times as long as
no responsive pleading has been filed. __________
16. A defendant cannot litigate as an indigent party. __________
17. Filing of an unsigned pleading always subjects counsel to appropriate
disciplinary action. __________
18. Allegations of mistake may be averred generally. __________
19. Default is always the necessary consequence of the failure to plead within
the period provided by the Rules. __________
20. Misjoinder of causes of action is not a ground for dismissal of actions.
__________

PART II

1. An action for the collection of a sum of money was instituted against

Juan. Juan is a Filipino but permanently residing in the United States. Yearly,
Juan comes to the Philippines to visit his relatives during the fiesta in his
hometown in Bulacan. How may summons in this action be served? (10 pts.)

2. Gerry filed a single suit in the Regional Trial Court against Rosel, Rowena,
Mary Ann, and Jojo to recover from each of them different pieces of jewelry
worth a total of P 1,000,000.00. The pieces of jewelry that he had delivered to
them were intended for resale to interested buyers. The pieces of jewelry were
delivered to each of the defendants on successive dates at SM City Baguio. Is
there proper joinder of causes of action? (10 pts.)

3. What are the effects of the death of a defendant during the pendency of
an action? (5 pts.) What are the effects of a transfer pendente lite? (5 pts.)

MERRY CHRISTMAS!