CIVIL PROCEDURE

MIDTERM

1. Can a civil action be separate filed from criminal action?

2. Bill of particulars
a) Effect of non compliance of order of bill particular to judgment of the case
3. Certificate of non forum shopping
4. Counter claim, compulsory claim and permissive
5. Substituted service of pleading v substituted service of summon
6. Failure to appear by the defendant and his counsel a ground for the dismissal of the action
7. Failure of defendant to file his action
b) Order of default
8. Class suit
9. Extra territorial service of summons
10. In collection of money can you file the same action if there is a final judgment

1. Service of summons by publication

2. Grounds for motion to dismiss the claim
3. When is defendant may be in default
4. Demurer to evidence
5. Remedies available to a party against an adverse judgment
6. Genuiness v due execution
7. Motion for production and inspection of any document like promissory note
a) Failure of plaintiff to comply with such production and inspection
b) Subpoena duces tecum
c) production and inspection of documents
8. Refilling of a case in the RTC which rendered a decision already on the same case
a) Jurisdiction as to aggregate amount MTC and RTC 300k/400k (maybe)
9. Requisites for intervention by a non party
10. Motion for reconsideration filed within reglementary period and notice of judgment sent thru registered
mail
11. Photocopies of original documents may be admitted and can be basis of judgment by the court
12. Jurisdiction of RTC and MTC in money claim
a) If the aggregate amount is 300k or 400k
b) Damages and attorney fees.
c) Fees included in computation of jurisdictional aggregate amount

FINALS

2016-2017

1. Order of Default v Judgment by Default

2. Can the Court Motu Propio dismiss a complaint on the ground of improper venue
3. Motion to dissolve TRO in relation to preliminary injunction
4. Writ of Habeas Data
5. Preliminary Mandatory Injunction available in a petition for relief from judgment, order or order
proceedings
6. Difference between taking appeal and perfection of appeal
7. Fresh period rule. Applicable in both mtc and rtc
8. Period when a motion for execution of judgment may be filed
9. Quo warranto actions elective and appointive offices
10. Forcible Entry and unlawful detainer

SUMMER MIDTERM 2017

1. Distinguish errors of jurisdiction from errors of judgment

2. Classification of courts
3. 3 defendants are present, only 2 of them filed an answer
a. May the other defendant be enjoined in the case or not?
2. Is there a need to file a notice for an ex parte proceeding?
3. Modes of service of summons R14
4. R15, sec 14
5. Distinguish ultimate facts v. evidentiary facts
6. May the plaintiff dismiss the case as a matter of right?
a. Is the dismissal with or without prejudice in relation to letter a?
7. Splitting cause of action
8. Answer to supplemental complaint.
a. Are there any exceptions?
9. Is an order denying a motion to dismiss appealable?
10. Venue of action.
a. Substituted service R14

SUMMER FINALS 2017

1. Motion for demurrer

2. Genuine Issue
3. Order of default v judgment by default
4. Ultimate facts v evidentiary facts
5. Remedy for Relief from Judgment
6. Law of the case doctrine
7. After the judgment of the court has become executory, it may not amend its decision
8. Remedies available against a judgment or order which has become executory
9. Special civil action cases where appeal is already available despite of the fact that the main case is still
litigated in the lower court – (expropriation, forcible entry and unlaeful detainer, foreclosure of
mortgage)
10. Question of law v question of fact

2017-2018 MIDTERM

1. Doctrine of Judicial Stability

2. Amended or Classified Judgment v Supplemental Judgment
3. Proof in filing of a pleading
4. Rule on Motion
5. Summons
6. 3 day notice rule
7. Failure of the witness to attend
8. Plaintiff may dismiss his own case.
a. Dismissal of the case with or without prejudice
9. Splitting of a single cause of action.
10. Modes of discovery
a. Defendants declaration of default R29.S3
11. Order denying a motion to dismiss
12. Court acquired jurisdiction over the person of defendant
13. Rule on substituted service.

2017-2018 FINALS
REMEDIAL LAW REVIEW

MIDTERM

1. Definition of doctrine of Judicial Stability

2. Jurisdiction over subject matter conferred by the rules of court
3. Jurisdiction over subject matter waived if not raised in the lower court?
4. Action filed is for annulment of deed of sale and partition over real property incapable of
pecuniary estimation
a) Jurisdiction of the court where the action filed is recovery of possession or title of real
property which the action is incapable of pecuniary estimation
5. Action which survive and action which does not survive
6. Venue of action for review of an administrative decision involving real property
7. Definition of cross claim
8. Affirmative and negative defences
9. Negative pregnant
10. Case is for annulment of marriage if defendant fail to file an answer
a) can he be declared in default?
11. Extra territorial service of summon
12. Exception to the 3 day notice rule
13. When the court may render judgment by default
14. Distinction between subpoena duces tecum and inspection of docs or things
15. Witness of plaintiff lives more than 100km from the place of hearing,
a) may the court allow deposition of said witness
16. If the ground for motion for new trial is newly discovered evidence,
a) is there a need of an affidavit of the merits
17. When can judgment becomes final and executory?
a) Does court loses all it power?
18. Execution of judgment (kinds of execution or definition)
19. Judgment debtors right of redemption in execution of sale.
20. Judgment on the merits v interlocutory judgment

1. When is jurisdiction over the case acquired by the court

2. Rule on venue
3. When should an answer to a complaint be filed?
4. What are the defences that may be alleged in the answer
5. Third party complaint
6. Motion to dismiss
7. Can a plaintiff avail of the bill of particulars
8. What is the effect of the availment of a bill of particulars
9. Complaint in intervention
10. Jurisdiction over recovery of ownership of real property
11. What is the judicial affidavit rule?
12. Petition for relief from judgment
13. Can a party avail of preliminary injunction pending the proceeding of a petition of relief
14. When can the plaintiff enter upon the possession of real property in an expropriation
proceedings?
15. Is there a need of demand in a forcible entry and unlawful detainer case?
16. What are the two types of contempt?
a) What type may the court issue a bench warrant?
17. Can a defendant who has filed an answer be declared in default
18. Can the MTC dismiss a case outright if tenancy is averred in the answer?
19. Execution of a final judgment as a matter of right and matter of discretion?
MIDTERM 2017-2018

1. SC is a statutory court?
2. May the venue in ejectment cases be changed by the agreement of the parties
3. What is the residence referred to in the ruler in venue of ejectment cases?
4. Is there a need to serve summons anew in cases of an amended complaint?
5. Is the counsel of record a corp allowed to sign a certification of non forum shopping?
6. Can the court extend or shorten the period to file an answer?
7. May an action be dismissed on the ground that the allegations in the complaint are indefinite?
8. Declaration of default
9. When can a counsel appear in a pre trial in behalf of his client
10. May a witness who resides within 100km from place of trial be subjected to depositions pending
action?
11. When can a motion for intervention be filed?
12. Exclusive appellate jurisdiction of CTA
13. Are the distinctions obtaining between courts of law and courts of equity also applicable in the
Philippines?