APPELLATE PRACTiCE Juslce Magdangal M.

de Leon
&BR:EF MAKING July 25,2013o‐ hurSday)
Midterm Examinauon 6:00-9:00p.m.
lst Semester,2013‐ 2014

Multipfe Choice. Choose the correct answer. (2o/o each)

1. This action is within the concurrent jurisdiction of the Supreme Court and
RegionalTrial Court:
a. petitions for writ of certiorari against the National Labor Relations
Commission
b. petitions for issuance of writ of amparo
c. petitions for habeas corpus and quo warranto
d. actions affecting ambassadors and other public ministers and consuls

2. The government wants to file an action againstWalter for violating RA 9160 or

Anti-Money Laundering Act of 2001. Where should the action be filed?
a. RegionalTrial Court
b. Court of Appeals
c. Supreme Court
d. Sandiganbayan
3. In the Supreme Court, only questions of law may be raised, except in a
a. petition for certiorari
b. petition for writ of habeas data
c. petition for quo warranto
d. petition for review of CTA en banc decision

4. Noy filed an action for reconveyance against Rene before the RTC. Rene filed
a motion to dismiss on the ground of prescription. The court granted the
motion and dismissed the case. Noy received a copy of the dismissal order
on March 3,2013 and on March 18,2013, filed a motion for reconsideration.
The court denied the motion in an order which Noy received on May 22,2013.
When should Noy file a notice of appeal?
a. May 23,2013
b. Not later than May 27,2013
c. On or before June 21,2013
d. Not later than June 6,2013

5. Affidavit of merits is required when filing

a. motion for new trial based on newly discovered evidence
b. motion for sumrnary judgment
c. motion for reconsideration
d. motion for new trial based on fraud, accident, mistake or excusable
negligence

6. From a decision in the ejectment against him, Oscar appealed to the RTC,
which affirmed the MTC decision. He may appealthe RTC decision under
a. Rule 41
b. Rule 45
c. Rule 43
d. Rule 42
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7. The RTC denied Oyo's motion for reconsideration of the court's order denying
his motion to dismiss on the ground of lack of jurisdiction. What is Oyo's
remedy?
a. motion for reconsideration
b. appeal
c. petition for review
d. petition for certiorari

8. The appeal from the following does not stay the judgment, final order or
resolution subject thereof, even if ordered by the appellate court.
a. Municipal Trial Court
b. Ombudsman
c. Court of Appeals
d. RegionalTrial Court

9. Angel filed a collection case against Marian with the RTC. After receiving an
adverse judgment on June 4,2013, Marian filed a notice of appeal on June 19,
2013. Has the court already lost jurisdiction over the case?
a. Yes, since Marian has perfected her appeal
b. No, since the RTC has not transmitted the records to the appellate court
c. No, since Marian has not perfected her appeal
d. No, since the clerk of court has not verified the completeness of the records
10. After the MTC has lost jurisdiction over the case by virtue of an appeal by
record on appeal, may it stilldismiss the appeal?
a. No more, since it has lost any power over the case
b. Yes, prior to transmittal of the record on appeal to the RTC
c. No, unless the parties agree otherwise
d. Yes, as held in Neypes vs. CA governing rules on appeal

11. In a Decision rendered by the Deputy Executive Secretary, he amended the

final and executory decision of the former Executive Secretary. What is the
remedy of the aggrieved party from such decision?
a. Appeal under Rule 43
b. Petition under Rule 65
c. Appeal under Rule 45
d. Appeal under Rule 41

12. Ric was charged with estafa in an information filed with the RTC of Manila. He
filed a petition for review of the prosecutor's resolution with the Department of
Justice. In case of an adverse decision of the DOJ Secretary, what is Ric's
remedy?
a. Petition for review with the CA
b. Petition for review with the Supreme Court
c. Petition for certiorariwith the Supreme Court
d. Petition for certiorariwith the CA

13. Dakila Corporation, a food exporting company, was granted income tax holiday
by the Board of Investments. Afterwards, the BOI informed DC that the ITH
previously granted it would only be made applicable to the period before its
transfer to a "not less developed area." DC filed a motion for reconsideration
with the BOl. tf its motion is denied, what is its remedy?
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a. Appeal to the Court of Appeals

b. Appeal to the Office of the President
c. Petition for certiorari before the Court of Appeals
d. Appealto the RegionalTrial Court

14. Andel filed an action for damages against Dayaw for physical injuries which
Andel sustained as a result of being sideswiped by a van driven by Dayaw. The
RTC rendered judgment in Andel's favor, which Dayaw appealed .to the CA.
The RTC issued an order granting Andel's motion for execution pending
appeal. What is Dayaw's remedy to prevent the implementation of the writ of
execution?
a. Petition for certiorari before the Court of Appeals
b. Petition for review before the Supreme Court
c. Petition for review before the Court of Appeals
d. Petition for certiorari before the Supreme Court

15. Certiorari under Rule 45 raises questions of law while certiorari under Rule 65
raises
a. questions of jurisdiction
b. questions of facts
c. questions of paramount national importance
d. questions involving substantial justice

16. What are the exceptions to the rule that no other court but the Supreme Court
can resolve cases involving pure questions of law? (5 pts.)

17. Julie filed, in one complaint, administrative and criminal charges against Mel
with the Office of the Ombudsman. After investigation, the Ombudsman ruled
against Mel. What are the remedies available to him? (5%)

18. What are the grounds for outright dismissal of the petition under Rules 42 and
43? (5o/o)

19. When is it necessary to file record on appeal aside from notice on appeal? ls
record on appeal indispensable when appealing a decision in special
proceedings? (5%)

20. Senen filed a notice of appeal with RTC QC. The judge denied his notice of
appeal on the ground that there are no more factual issues in the case. Thus,
the correct remedy, ruled the judge, should be a petition for review with the
Supreme Court under Rule 45.
a. Did the judge act properly?
b. Suppose Senen, after filing a notice of appeal, filed a motion for
reconsideration. What is the effect thereof? (5%)

21. What courts have jurisdiction over the following cases in Metro Manila?
a. An action for specific perfomance of a contract to sell
b. An action for replevin of a motorcycle valued at P156,000.00
c. An action for recovery of propefi with assessed value of P750,000.00
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d. An action for ejectment where property has assessed value of P120,000.00

e. A petition for probate of will involving an estate valued at P400,000.00 (5 %)

22. Chito filed a case for collection of sum of money against Buddy and Rey. The
trial court rendered an adverse decision against the defendants. Only Buddy
appealed. lf the appellate court increases Buddy's liability, will Rey be
prejudiced thereby? (5 %)

23. Ver filed a complaint for reconveyance of property against Nina. After trial on
the merits, the RTC dismissed the complaint. Ver filed a notice of appeal
which was given due course by the trial court. However, after five years, Nina
discovered that the trial court had not yet transmitted the records to the
Court of Appeals, and that the notice of appeal was filed out of time. Thus,
she filed a motion to dismiss appeal, arguing that the decision has already
become final and executory. Ver countered that the motion is already barred
by laches, The trial court denied Nina's motion, believing that she had slept
on her rights and can no longer question the timeliness of the appeal.. ls the
denial correct? (5%)

24. ln a decision rendered by the RTC, plaintiffs Ping, Pong and Net were
ordered to surrender the possession of the fishpond subject matter of the
case in favor of defendant Cris. Counsel for plaintiffs received the decision on
March 21,2013 and appealed from it on the following day, March 22,2013-
Counsef for defendant received the decision later, on March 27, 2A13, and
fifed a motion for execution pending appeal on April 1, 2013, which the court
granted. Plaintiffs went to the Court of Appeals questioning the order granting
the execution of judgment. The CA nullified the order on the ground that the
motion for execution pending appeal was filed after the trial court had already
lost jurisdiction with the filing of plaintiffs' appeal. ls the CA decision correct?
Explain. (5 %)

25. Gido filed a complaint for sum of money against Lara. Lara filed an extension
of time to file answer, which the court granted. Before the expiration of the
extended period, Lara filed her answer. However, the court, upon Gido's
motion, issued an order declaring her in default. What are the remedies
available to Lara? (5%)

26. Tricia filed with the MeTC of Muntinlupa City a complaint against Marie to
recover possession of a parcel of land with an assessed value of P52,000.00.
Marie filed a motion to dismiss on the ground of lack of subject matter
jurisdiction. The MeTC granted the motion. Tricia appealed the order of
dismissalto the RTC.
a. Should the RTC affirm the MeTC's dismissal order and try the case on the
merits?
b. Assuming the RTC tries the case on the merits and renders judgment in
Tricia's favor, what mode of appeal should be used by Marie should she
desire to appeal the judgment? (5%)

27. Ben filed a suit against Pol. The RTC ruled in favor of Ben.
a. lf Pol chooses to appeal, is the period to file notice of appeal extendible?
b. To what four situations does the "not less than five (5) days in any event"
rule apply? (5%)
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28. By sheer coincidence, Atty. Moran was served, on the same day, February
12,2013, with adverse decisions of the Court of Appeals and RTC. ln each
case, he filed a motion for reconsideration simultaneously on February 23,
2013. He received notices of the denial of his two motions for reconsideration
on March 26, 2013. lf Atty. Moran decides to appeal in each of the two cases,
a. What mode of appeal should he pursue in each case?
b. How would he perfect each appeal?
c. Within what time should each appeal be perfected? ({0 pts.)

Please return questionnaire together with blue book. Otherwise, your blue
book will not be checked.