Liceo de Cagayan University College of Law

CIVIL PROCEDURE
FINAL EXAM
Atty. Alejandro Jose C. Pallugna

Provide the correct and concise answers to each question in your booklets.
Leave no item answered.

1) Explain the following:

a. Policy/doctrine of Judicial Hierarchy.
b. Doctrine of Judicial Stability.
c. Doctrine of Adherence of Jurisdiction.
d. Exclusionary Principle.
e. Doctrine of Primary Jurisdiction.

2) a. What is an action in personam?

b. What is an action in rem?
c. What is a personal action?
d. What is a real action?

3) a. What are the elements of a cause of action?

b. Differentiate cause of action from right of action?
c. What are the requisites for joiner of causes of action?
d. What are the requisites for joinder of parties?
e. What should the trial court do in case of misjoinder of causes of action?

4)
a. What are the requirements for a person to be a party in a civil action?
b. Who is a real party-in-interest?
c. Who are indispensable parties?
d. Who are necessary parties?
e. What are the elements of a class suit?

5)
a. What is the rule on venue of real actions?
b. What is the rule on venue of personal actions?
c. What are the requisites in order for parties validly stipulate on venue?
d. X filed a case for collection of sum of money against Y before the RTC of Ormoc
City, Leyte. X is a resident of Balulang, Cagayan de Oro City while Y is a resident
of Valencia, Bukidnon. Upon finding out this fact, the presiding judge of the RTC
of Ormoc dismissed the case motu proprio on the ground of improper venue. Is
the judge correct? Explain.

6)
a. What is a compulsory counterclaim?
b. A filed a case for collection of sum of money worth PhP.250,000.00 against B
before the MTCC of Cagayan de Oro City. In his Answer, B interposed a
permissive counterclaim worth PhP.600,000.00. Finding merit to both parties’
claims, the MTCC ordered A’s claim to be set-off with that of B’s and
furthermore ordered A to pay B the remaining PhP.350,000.00. Was the court
correct? Explain.
7) a. What is the effect if a defaulting party fails to file his Answer within the reglementary
period?
b. What is the effect if the plaintiff fails to appear during pre-trial despite due notice?
c. What is the effect if the defendant fails to appear during pre-trial despite due notice?

8)
a. What can a party amend his pleading as a matter of right?
b. X filed a case for collection of sum of money against Y. On 13 October 2017, Y
received summons along with the copy of X’s Complaint. On 28 October 2017,
Saturday, Y engaged the services of Atty. Juke Spah. On 30 October 2017, Atty.
Spah filed a Motion for Extension of Time to file Answer. On 02 November 2017,
Atty. Spah filed Y’s Answer. They day after, 03 November 2017, Y received a
motion declare him in default which was filed by X. Atty. Spah filed an opposition
stating that Y cannot be declared in default as they already filed the Answer.
During the hearing on 22 November 2017, the court issued an order declaring Y
in default. Is the court correct?

9) Provide the grounds, the period to file, and the court where you should file the
following:
a. Motion for Reconsideration.
b. Motion for New Trial.
c. Petition for Relief from Judgment.
d. Petition for Annulment of Judgment.

10) How should service of summons be done upon the following defendants?
a. An entity without juridical personality.
b. Minors and incompetents.
c. A prisoner.
d. A resident of the Philippines in an action in personam.
e. A resident of the Philippines in an action in rem.

11) Differentiate the actions for Certiorari, Quo Warranto, Prohibition, and Mandamus.
What are the grounds for each petition?

12) What are the kinds of evidence admissible in court? Relate the modes of discovery to
each of these kinds of evidence.

13)
a. Differentiate subpoena from summons.
b. What are the kinds of subpoena?
c. When can the court not compel a witness to appear before it?

14)
a. Differentiate between joinder of parties and consolidation of cases.
b. At what stage of the proceedings in a civil case may a party file a demurrer to
evidence?
c. What is the effect if the court denies a demurrer to evidence in a civil case?

15) How may a party enforce a final and executor judgment in the following cases:
a. 3 years from finality of judgment.
b. 7 years from finality of judgment.
c. 11 years from finality of judgment.