1. P filed an action against D, who he alleges to be his
father, to claim the status of the legitimate child. During the pendency of the case, P died. May the heirs of P be substituted in the action?[1] Explain. 2. Does the duty under S16R3 apply to death of a party in cases pending appeal?[2] Explain. 3. What is the purpose of notifying or informin the court of the death of a party?[3] 4. Who is the legal representative or the deceased party? [4] 5. If a party becomes incompetent or incapacitated, what will the court do?[5] 6. In case of any transfer of interest, how the action may proceed?[6] Explain. 7. What if there is no executor of administrator appointed by the probate court?[7] Explain. 8. What if no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear within the specified period?[8] Explain. 9. L executed a will naming O as one of the devisees. Upon Ls death a petition for the probate of his will was filed with the RTC. During the pendency of the probate proceedings, O died intestate. The Q law firm entered its appearance as counsel for F, who claimed to be one of the heirs of O and their representative. The probate court allowed the appearance of the counsel and the substitution of O by F, who had been designated by the other heirs as their representative in the probate court. E opposed the appearance and the substitution on the ground that under Lawas v. CA, 143 SCRA 173 (1986), priority is given to the legal representative of the deceased, (e.i. the executor or administrator, or in case where the heirs resort to an extrajudicial settlement of the estate that the court may adopt the alternative of allowing the heirs to be substituted for the deceased. Was the substitution of the deceased O by F proper?[9] Explain.
10. P filed an action to recover possession and ownership of
a parcel of land against D. during the pendency of the case P died but substitution by his heirs was effected. The trial court ruled in favor of P. D assert that the RTCs decision was invalid for lack of jurisdiction, since the heirs were not substituted for the deceased P. Ps heirs, however, participated in the trial without being substituted. Was the trial courts decision valid?[10] Explain. 11. P filed an action to recover possession of a parcel of land against D. during the pendency of the case, D died. P advised the court of Ds death and filed a motion for substitution but the court did not issue an order for the substation of D. the heirs possessed the land. Judgment was rendered in favor of P. May P enforce the judgment against the heirs?[11] Explain. 12. In the preceding problem, would your answer be the same if the heirs voluntarily appeared in court and participated in the proceedings therein?[12] Explain. 13. P filed an action to recover possession of parcel of land against D. during the pendency of the case, D died. Ds counsel failed to inform the court of Ds death. The heirs possessed the land. Judgment was rendered in favor of P. May P enforce the judgment against the heirs?[13] Explain. 14. P filed an action for quieting of title with damages against D. during the pendency of the case, a notice of hearing sent to D was returned with the notation partydeceased. Ds counsel still continued to appear for D and did not inform the court of Ds death. Judgment was rendered in favor of P ordering D to vacate the land and return possession to P. The heirs of D, who are now in possession, contend that the judgment was void since there was no substitution. Are they correct?[14] Explain. 15. A filed a complaint for the recovery of ownership of land against B who was represented by her counsel X. in the course of the trial, B died. However, X failed to notify the court of Bs death. The court proceeded to hear the case and rendered judgment against B. after judgment became final, a writ of execution was issued against C, who being Bs sole heir, acquired the property. (1) If you were counsel of C, what course of action would you take?[15] Explain. (2) Did the failure of X to inform the court of Bs death constitute direct contempt?[16] Explain.
16. P filed an action for recovery of a parcel of land against
D. the trial court dismissed the case prompting P to appeal to the CA. Pending appeal, P died. The lawyer of P gave notice to the CA of Ps death and moved for the suspension of the period to file appellants brief pending the appointment of an administrator of Ps estate in the probate proceedings. The CA denied the motion for suspension and dismissed Ps appeal for failure to file the appellants brief. Was the CA correct?[17] Explain. 17. What is the effect of a transfer of interest during the pendency of the litigation?[18] Explain. 18. P filed with the RTC an action to collect a loan of P500,000 from D. P was able to obtain a writ of attachment and attached a property of D. During the pendency of the case, D died. (a) Should the case be dismissed?[19] Explain. (b) D was substituted by his heir X. P won the case and no appeal was made by X may P move for the execution of the judgment against X?[20] Explain. (c) P filed the judgment as a money claim with the probate court. Does the writ of attachment entitle P to preference over the other creditors in respect of the property attached?[21] Explain. 19. P filed with the RTC an action for recovery of possession of a parcel of land against D. D died while the case was pending and was substituted by his heir X who had succeeded D in the possession of the land. P won the case and no appeal was made by X. May P move for the execution of the judgment against X?[22] Explain. 20. P filed an action for tort against D who had negligently inflicted injuries upon P. D died during the pendency of the case and was substituted by his heir X. judgment was rendered in favor of P for P500,000. No appeal was filed by X. May P move for the execution of the judgment against X?[23] Explain. 21. P filed a complaint for sum of money against D. during the pendency of the case, D died. Intestate proceedings for the settlement of the Ds estate commenced and notice to the estates creditors was given for them to file their claim within six months from the first publication of the notice. A month thereafter, on Ps motion, the administrator of Ds estate was substituted for D in the civil case for collection. The court rendered judgment in favor of P and D appealed.
P filed a contingent claim covering the judgment award in
the probate court. At the time of the filing of the contingent claim, the 6-month period for creditors to file their claim had expired. In due course the judgment in favor of P was affirmed on appeal and became final and thus P moved that the estate be ordered to pay P. The administrator opposed the motion on the ground that the claim is time-barred since the contingent claim was filed beyond the statute of non-claims. Is the claim of P time-barred?[24] Explain. 22. (a) P sued to recover an unpaid loan and was awarded P333,000 by the RTC of Manila. D did not appeal within the period allowed by law. He died six days after the lapse of the period. Forthwith, a petition for the settlement of his estate was properly filed in the RTC of Pampanga where an inventory of his assets was filed and correspondingly approved. Thereafter, P filed a motion for execution with the Manila court, contending therein that the motion was legally justified because the defendant died after the judgment in the Manila court had become final. Resolve the motion.[25] (b) Under the same facts as (a), a writ of execution was issued by the Manila RTC upon proper motion three days after the lapse of the period to appeal. The corresponding levy on execution was duly effected on defendants parcel of land worth P666,000 a day before the defendant died. Would it be proper, on motion, to lift the levy on Ds property?[26] State the reasons for your answer. 23. Spouses B and C were the owners of a residential and boarding house with a market value of more than P300,000. Their total earnings were more than double the minimum wage of an employee. When the city demolished their residence and boarding house, B and C filed an action for damages with the RTC against the city. They applied for exemption from the docket and legal fees as indigents. They are disqualified to litigate as indigents since they have not met the salary and property requirements under S19R141. May B and C still be exempted from paying the docket and legal fees as pauper litigants even though they do not meet the requirements under S19R141?[27] Explain. 24. Define venue.[28] 25. What is the difference between jurisdiction and venue? [29]
26. Is venue jurisdictional?[30]
27. Distinguish real action from personal action.[31] 28. What is the venue of real action?[32] 29. What is the venue of personal actions?[33] 30. For purposes of the Rule on venue, what is the residence o a corporation?[34] Explain. 31. D, and American citizen, borrowed P500,000 from P, a Filipino citizen while vacationing in the Philippines. D failed to pay. D went to the U.S. May P a suit against D?[35] Explain. 32. P filed an action with the RTC of Bulacan, where he resides, against M and F for the dissolution of their partnership. The main asset of the partnership was a fishpond located in Marinduque. M and F filed an answer in which they alleged that the partnership had so far been unproductive and that this was the result of Ps failure to contribute his share. They counterclaimed for damages. Consequently, the court granted the intervention of Z, who alleged that they had bought the fishpond and were now its owners. Z then filed a motion to dismiss upon the ground that venue was improperly laid? (a) Should the motion to dismiss be granted?[36] Explain. (b) If the action filed by P against M and F were a real action affecting title over the fishpond, would your answer still be the same?[37] Explain. 33. P filed a complaint against the surety with the RTC of Manila. The surety then filed a third-party complaint against X, who had executed an indemnity agreement undertaking to indemnify the surety in case it becomes liable under the surety bond. X filed a motion to dismiss the third party complaint on the ground of improper venue. X pointed out that the indemnity agreement between the surety and X contains a provision that any suit arising from the agreement shall be solely and exclusively filed in Quezon City. Should the court dismiss the third party complaint?[38] Explain. 34. P filed a complaint for annulment of contracts of loan with cancellation of Real Estate Mortgage against D in Pasig, the place where P had its office. P alleged that the contract of loan was without the knowledge of the
corporation. D moved to dismiss the complaint on the
ground that the annulment of the REM is a real action, since P sought to compel D to accept its payment and thus affecting title over the property and free it from the encumbrance. Thus it should have been filed in Quezon City, where the encumbered properties are located. Is a complaint for cancellation of REM a real action?[39] Explain. 35. When is Rule 4 on venue of actions not applicable?[40] 36. Give examples of cases where a specific rule or law provides otherwise.[41] 37. P applied for 6 cellular phone subscription with Piltel. P later filed with the RTC of Iligan City a complaint for sum of money and damages against Piltel. The latter moved to dismiss on the ground of improper venue, citing the common provision in the subscription agreements which provides that: Venue of all suits arising from this agreement shall be in the proper courts of Makati City. Subscribe expressly waives any other venue. Should the motion to dismiss be granted?[42] 38. PB Com Filed a collection case against D before the RTC of Manila, PB Coms place of business, based on the Surety Agreement (SA) executed by D in relation to a credit line PB Com extended to International Trading Company. However, in this promissory note executed bi ITC, it was expressly stipulated that the venue for any legal action that may arise out of the said Promissory Note shall be Makati to the exclusion of all other courts. D moved to dismiss on the ground of improper venue. Can PB Com file the collection case in Manila, where the Surety Agreement is silent on the venue?[43] 39. Respondent entered into a payroll agreement with the bank. The agreement contained a venue stipulation which reads thus: In case of litigation, venue shall be in the proper trial courts of Manila for determination of any and all questions arising here under. A dispute arising from the payroll agreement between Respondent and the bank ensued. Respondent filed an action for damages with the RTC of Quezon City where he resides. The bank filed a motion to dismiss on the ground of improper venue. Should the motion to dismiss be granted?[44]
40. When may the ground of improper venue be raised by
the defendant?[45] 41. May the trial court dismiss a complaint motu propio on the ground of improper venue?[46] 42. What civil cases are governed by the Rule o Summary Procedure?[47] 43. What are the pleadings allowed under the Rule on Summary Procedure?[48] 44. What are the prohibited pleadings, motions, and petitions under the Rule on Summary Procedure?[49] 45. In an ejectment case, the court dismissed the complaint for failure of the plaintiff to appear during the preliminary conference. The plaintiff filed a motion for reconsideration of the dismissal order. The defendant contends that the dismissal had become final and executor since the motion for reconsideration is a prohibited pleading and hence does not suspend the reglementary period to appeal. Is the Defendants contention correct? [50] Explain. 46. P filed with the MeTC of Manila a suit against D to collect the sum of P100,000. The MeTC rendered judgment in favor of P. D appealed to the RTC which affirmed the challenged decision. D filed with the CA a motion for extension of 15 days to file a petition for review. May P in the meantime move for the execution of the judgment as a matter of right?[51] Explain. 47. What cases are governed by the Rule of Procedure for Small Claims Cases?[52] 48. When shall the MTC apply the Rule of procedure for Small Claims Cases?[53] 49. Are the Rules of Civil Procedure applicable to small claims cases?[54] 50. What are the prohibited pleadings and motions in small claims cases?[55] 51. Are decisions in small claims cases appealable?[56] 52. Define pleadings.[57]
53. What are the pleading allowed by the Rules of Court?
[58] 54. What is a complaint?[59] 55. What is an answer?[60] 56. What are the kinds of defenses?[61] 57. Give examples of affirmative defenses.[62] 58. P filed a complaint against B and C who are made codefendants. C files an answer serving a copy thereof upon P. Does C also need to serve a copy upon B?[63] Explain. 59. What is a counterclaim?[64] 60. P files a case against D. D files a counterclaim against P. May P file a counterclaim against Ds counterclaim?[65] Explain. 61. The Republic, through the PCCG and with the assistance of the Office of the Solicitor General, filed with the Sandiganbayan a complaint against Cojuangco and Enrile for reconveyance and damages. Subsequently Enrile was granted leave of court to implead Solicitor General Chavez as a defendant in a counterclaim for filing a harassment suit. Was the filing of the counterclaim against OSG Chavez proper?[66] Explain. 62. Is there an instance wherein a counterclaim may be asserted by the defending party against one who is not an opposing party?[67] Explain. 63. What are the kinds of counterclaims?[68] 64. What is a compulsory counterclaim?[69] 65. Distinguish a compulsory permissive counterclaim.[70]
counterclaim
from
66. Why is a compulsory counterclaim termed as such?[71]
67. What is the reason behind S2R9?[72] 68. How should a compulsory counterclaim or crossclaim be set up?[73] 69. May a compulsory counterclaim be set up in a motion to dismiss?[74] Explain.
70. What are the requirements in order that a counterclaim
may be considered compulsory?[75] Explain. 71. P files a suit for sum of money in the sum of P500,000 against D in the RTC of Ozamis City. Assuming that Ds counterclaim arises out of or is connected to the transaction or occurrence constituting the subject matter of Ps claim, can D file a counterclaim: (a) For ejectment?[76] (b) For support?[77] (c) For sum of money in the sum of P250,000?[78] (d) For infringement of Ds patent?[79] And (e) For delivery of title over a subdivision lot which P, as a subdivision developer, sold to D?[80] 72. P filed a suit for nullification of a promissory note against D on the ground of usurious and unconscionable interest rates. D counterclaimed for the payment of the P1M loan with interest. He however did not pay the docket fees. Should the counterclaim be dismissed for failure to pay docket fees?[81] Explain. 73. F filed a collection suit for P387,000 against R in the RTC of Davao City. Aside from alleging payment as a defense, R in his answer set up counterclaims for P100,000 as damages and P30,000 as attorneys fees as a result of the baseless filing of the complaint, as well as for P250,000 as the balance of the purchase price of 30 units of airconditioners he sold to F. Does RTC have jurisdiction over Rs counterclaims and if so does he have to pay docket fees therefore?[82] Explain. 74. D and P entered into a lease contract whereby D leased Room 401 to P. P was of the impression that the lease also covered the rooftop of Room 442. However D padlocked the way to the rooftop. D insisted that the lease only covered Room 401 and that Ps use of the rooftop was merely tolerated. P tendered the lease payment to D who refused to accept the same. P then filed an action for consignation with the MTC against D. D then filed an answer with counterclaim for unlawful detainer against P. The CA ruled that the raising of the counterclaim for ejectment was improper since such could only be initiated by a verified complaint pursuant to S4R70. Was the filing of the counterclaim proper?[83] Explain. 75. P filed with the MeTC of Makati a complaint against D to recover possession of a parcel of land with an assessed value of P60,000. D filed an answer. The MeTC tried the
case on the merits and rendered a decision in favor of P. D
appealed to the RTC. Assume the RTC does not dismiss the appeal and proceed to take cognizance thereof. D filed a motion to admit amended answer in which he raises a counterclaim for P250,000 against P which arose out of the same transaction subject matter of the complaint. May the court admit the amended answer?[84] Explain.