Juris Renier C.

Mendoza

2ND SET

15. Which of the following correctly states the rule on foreclosure of mortgages?
a) The rule on foreclosure of real estate mortgage is suppletorily applicable to
extrajudicial foreclosures.
b) In judicial foreclosure, an order of confirmation is necessary to vest all rights in the
purchaser.
c) There is equity of redemption in extrajudicial foreclosure.
d) A right of redemption by the judgment obligor exists in judicial foreclosure.

ANSWER:
b) In judicial foreclosure, an order of confirmation is necessary to vest all rights in the purchaser.

Ratio: Section 3 of Rule 68 provides that the sale of the mortgaged property shall not affect the rights
of persons holding prior encumbrances upon the property or a part thereof, and when confirmed by an
order of the court, also upon motion, it shall operate to divest the rights in the property of all the parties
to the action and to vest their rights in the purchaser, subject to such rights of redemption as may be
allowed by law.

16. A party aggrieved by an interlocutory order of the Civil Service Commission(CSC) filed a petition
for certiorari and prohibition with the Court of Appeals. May the Court of Appeals take cognizance of
the petition?

a) Yes, provided it raises both questions of facts and law.

b) No, since the CSC, Chairman and Commissioners have the rank of Justices in the
Court of Appeals.
c) No, since the CSC is a Constitutional Commission.
d) Yes, since the Court of Appeals has jurisdiction over the petition concurrent with
the Supreme Court.

ANSWER:
d) Yes, since the Court of Appeals has jurisdiction over the petition concurrent with the Supreme Court.

Ratio: Under Section 9(1) of B.P. Blg. 129, the Court of Appeals has concurrent original jurisdiction
with the Supreme Court pursuant to Section 5(1) of Article VIII of the Constitution and Section 17(1)
of the Judiciary Act of 1948, and with the Regional Trial Court pursuant to Section 21(1) of B.P. Blg.
129 to issue writs of certiorari, mandamus, prohibition, habeas corpus, and quo warranto.[24] These are
original actions, not modes of appeals.