July 18, 2015

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.