POINTERS IN PRELIM EXAMS 2017

PRACTICE COURT 2
JUDGE GLOBERT J. JUSTALERO

1. Explain the following:

(a) Principle of judicial hierarchy.

It means that lower courts shall initially decide a case before it is considered by a
higher court. A higher court will not entertain direct resort to it unless the redress
desired cannot be obtained in the appropriate courts. (Santiago v. Vasquez)
(b) Doctrine of primary jurisdiction.
Under this doctrine, courts will not resolve a controversy involving a question which
is within the jurisdiction of an administrative tribunal, especially where the question
demands the exercise of sound administrative discretion requiring the special
knowledge and experience of said administrative tribunal in determining technical
and intricate matters of fact. (BF Homes Inc. v. Manila Electric Co.)

2. How jurisdiction over the persons of the parties is acquired?

a. Jurisdiction over the plaintiff or petitioner is acquired by the filing of the
complaint, petition or initiatory pleading before the court by the plaintiff or
petitioner.
b. Jurisdiction over the defendant or respondent is acquired by the voluntary
appearance or submission by the defendant or respondent to the court or by
coercive process issued by the court to him, generally by service of summons.

3. What are the different aspects of jurisdiction, and discuss each.

a. Jurisdiction over the subject matter is the power to hear and determine the
general class to which the proceedings in question belong
b. Jurisdiction over the parties is the power of the court to render a personal
judgment or to subject the parties in a particular action to the judgment and
other rulings rendered in the action.
c. Jurisdiction over the issues it is the power of the court to try and decide the
issues raised in the pleadings of the parties.
d. Jurisdiction over the res refers to the court’s jurisdiction over the thing or the
property which is the subject of the action.

4. Distinguish “Real action” from “Personal action.”

a. Real action is an action involving title to or possession of real property, or any
interest therein.
b. Personal action is an action not involving title to or possession of real property,
or any interest therein.
 5. Enumerate the elements of a cause of action. (ROA)
1. The Legal right of the plaintiff
2. The correlative obligation of the defendant
3. The act or omission of the defendant in violation of the said legal right

6. “A” sued XX Corporation (XXC), a corporation organized under the Philippine laws, for
specific performance when the latter failed to deliver T-shirts to the former as stipulated
in the contract of sale. Summons was served on the corporation’s cashier and director.
Would you consider service of summons on either officer sufficient?

Ans: No, the enumeration is an exclusive list under the expressio unius est exclusio
alterius. Service of summons in this case may only be made upon the following persons:
a. President
b. Managing partner
c. General manager
d. Corporate secretary
e. Treasurer, or
f. In-house counsel
Hence, the service made to either the cashier and director does comply with the rules of
service of summons and is insufficient.

7. Are the rules on summons under Rule 14 of the Rules of Court applicable equally in
actions before the Regional Trial Courts as well as in the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts?

Ans: Yes, Under Section 1 of Rule 5 of the Rules of Court, the procedure in the MTC shall
be the same as in the RTC, except:
1. Where a particular provision expressly or impliedly applies only to either of
said courts; or
2. In civil cases governed by the Rule on Summary Procedure.

8. “A,” a resident of Lingayen, Pangasinan sued “X,” a resident of San Fernando, La Union
in the Regional Trial Court (RTC) of Quezon City for the collection of a debt of Php1
million.

“X’ did not file a motion to dismiss for improper venue but filed his answer raising
therein improper venue as an affirmative defense. He also filed a counterclaim for Php200, 000.
00 against “A” for attorney’s fees and expenses for litigation. “X” moved for a preliminary
hearing on said affirmative defense. For his part, “A” filed a motion to dismiss the counterclaim
for lack of jurisdiction. Rule on the affirmative defense of improper venue.

9. Angelina sued Armando before the Regional Trial Court of Manila to recover the
ownership and possession of two parcels of land; one situated in Pampanga, and the
other in Bulacan. May the action prosper? Explain.

10. Within the period for filing a responsive pleading, the defendant filed a motion for bill
of particulars that he set for hearing on a certain date. However, the defendant was
surprised to find on the date set for hearing that the trial court had already denied the
motion on the day of its filing, stating that the allegations of the complaint were
sufficiently made.

Did the judge gravely abuse his discretion in acting on the motion without waiting for
the hearing set for the motion? Explain.
11. Is pre-trial mandatory in all trial courts?
Ans: Yes, Pre- Trial is mandatory in civil cases as provided by the Section 2 of Rule 18 of
the Rules of court. In all criminal cases, pre-trial is also mandatory as provided by section 1 of
Rule 118 of the Rules of Court.
12. What are the effects on the parties’ failure to appear at the pre-trial conference?
Ans: The failure of the plaintiff to appear shall be a cause for the dismissal of the action.
This dismissal shall be with prejudice except when the court orders otherwise.
The failure of the defendant to appear shall be a cause to allow the plaintiff to present
evidence ex parte and for the court to render judgment on the basis thereof.
13. Give the distinctions between pre-trial in civil cases and pre-trial in criminal cases.
CIVIL
a. Plaintiff moves ex parte to set the case for pre-trial
b. made after last pleading has been served and filed
c. considers the possibility of amicable settlement
d. sanctions for non- appearance are imposed upon either plaintiff or defendant
e. presence of plaintiff or defendant, unless duly represented by his counsel, is required
f. pre-trial brief is required
CRIMINAL
a. ordered by the court and no motion to set the case is required
 b. ordered by the court after arraignment and within 30 days from the date the court
acquires jurisdiction over the person of the accused
c. does not include the considering of amicable settlement
d. agreements and admissions shall be reduced in writing and signed by both the accused
and counsel
e. sanctions are imposed upon the counsel of either
f. The presence of the accused is only required to sign the written agreement arrived at
the pre-trial conference. The presence of the offended party is not required at the pre-
trial but he is required to appear during arraignment of the accused for the purpose of
plea bargaining
g. the rules do not require the filling of a pre-trial brief in criminal cases but only require
the attendance at a pre-trial conference to consider the matters stated in sec. 2 of rule
118 of ROC
14. What are the different Modes of Discovery under the Rules of Court? (P2AID2)
A. Production or inspection of documents or things RULE 27
B. Physical and mental examination of persons RULE 28
C. Admission by adverse party RULE 26
D. Interrogatories to parties RULE 25
E. Depositions pending action RULE 23
F. Depositions before action or pending appeal RULE 24

15. Can civil cases be adjudicated without trial?

Ans: YES, civil cases can be adjudicated without trial by summary judgement, judgement
on pleadings and by judgment by default.

16. List the distinctions between demurrer in a civil case from demurrer in a criminal case.
The following are the distinctions:
1. Effect if denied.
In civil cases, if the demurrer is denied, the defendant may proceed to present his evidence. In
criminal cases, the accused may adduce his evidence only if the demurrer is filed with leave of
court. He cannot present his evidence if he filed the demurrer without leave of court.
2. Effect if granted.
In civil cases, if the demurrer is granted, the order of dismissal is appealable. In criminal cases, if
the demurrer is granted, the order of dismissal is not appealable because of the constitutional
policy against double jeopardy. The prosecution can no longer appeal because the accused has
already been acquitted.
3. Motu propio demurrer
In civil cases, the court cannot on its own initiative, dismiss the case after the plaintiff rests
without any demurrer by the defendant; there is no such thing as motu propio demurrer. In
criminal cases, the court may dismiss the action on its own initiative after giving the
prosecution the chance to present its evidence.
4. Leave of court
In civil cases, leave of court is not required before filing a demurrer. In criminal cases, leave of
court may be filed with or without leave of court.

17. Give the distinctions between a judgment on the pleadings from a summary judgment.
Judgement on pleadings is based solely on the pleadings while a summary judgement is
based on the pleadings, depositions, admissions and affidavits. The former is only available to
the plaintiff unless the defendant presents a counterclaim on the other hand the latter is
available to both the plaintiff and the defendant. The answer in the judgment on pleadings fails
to tender an issue or otherwise admits the material allegations of the adverse party’s pleadings
while in summary judgment there in no genuine issue between the parties because they are
irrelevant. The former requires a 3 day notice while the latter requires a 10 day notice. A
judgment rendered on the pleadings is a judgment on the merits while in a summary judgment
it may either be interlocutory or on the merits.

18. May a judgment which has become final and executory still be questioned, attacked or set
aside?
Ans: General Rule No, after a judgment becomes final and executor, it becomes
immutable and unalterable, that is, it can no longer be modified except when:
a. correction of clerical errors
b. the so called, nunc pro tunc entries which cause no prejudice to any parties
c. void judgements
d. Whenever circumstances transpire after the finality of the decision rendering its
decision unjust and inequitable.
19. Distinguish a petition for certiorari as a mode of appeal under Rule 45 from a special civil
action for certiorari under Rule 65.
In Mercado v. Court of Appeals, 484 Phil. 438 (2004), the Supreme Court had again stressed
the difference of the remedies provided for under Rule 45 and Rule 65 of the Rules of Court, to
wit:
x x x [T]he proper remedy of the party aggrieved by a decision of the Court of Appeals is a
petition for review under Rule 45, which is not identical with a petition for review under Rule
65. Under Rule 45, decisions, final orders or resolutions of the Court of Appeals in any case, i.e.,
regardless of the nature of the action or proceedings involved, may be appealed to us (SC) by
filing a petition for review, which would be but a continuation of the appellate process over the
original case. On the other hand, a special civil action under Rule 65 is an independent action
based on the specific ground therein provided and, as a general rule, cannot be availed of as a
substitute for the lost remedy of an ordinary appeal, including that to be taken under Rule 45.”

20. Not satisfied with the decision of the Regional Trial Court (RTC) which affirmed the decision
of the City Court (MTCC) on appeal, “X” wants to have the RTC’s decision passed upon by a
higher court. On what ground or grounds may he do so, if any? To what court should he go, and
by what mode? Reasons.
Ans: X may file by way of petition for review from the RTC rendered in the exercise of its
appellate jurisdiction. This mode of appeal, covered by rule 42, is brought to the CA on
questions of fact, law, or mixed questions of fact and law.
21. Including the Cases which have been discussed.
1. Villasi v Garcia gr190106

2. Bpi v Hontanosas gr 157163

3. Sps. Manuel v Ong gr 205249

4. Gr 156995 5. Republic v Ortigas gr. 171496

6. Estrada v ombudsman gr 212140-43

7. Worldwide web corp. v people

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