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July 14, 2018

Civil Procedure
1. How should these Rules be referred to?[1]

2. What do you understand by remedial law?[2]

3. Distinguish substantive law from remedial law.[3]

4. On February 15, 1996, Roldan E. Mala purchased a 300-square-meter parcel of land located in
Poblacion, Parang, Maguindanao, now Shariff Kabunsuan, from one Ceres Cañete. On March 3,
1996, Transfer Certificate of Title No. T-15633 covering the parcel of land was issued in Roldan’s
name. At the time of the purchase, Vivencio B. Villagracia occupied the parcel of land.
By 2002, Vivencio secured a Katibayan ng Orihinal na Titulo Blg. P-60192 issued by the Land
Registration Authority allegedly covering the same parcel of land.
On October 30, 2006, Roldan had the parcel of land surveyed. In a report, Geodetic Engineer
Dennis P. Dacup found that Vivencio occupied the parcel of land covered by Roldan’s certificate
of title. To settle his conflicting claim with Vivencio, Roldan initiated barangay conciliation
proceedings before the Office of the Barangay Chairman of Poblacion II, Parang, Shariff
Kabunsuan. Failing to settle with Vivencio at the barangay level, Roldan filed an action to recover
the possession of the parcel of land with respondent Fifth Shari’a District Court.
In his petition, Roldan alleged that he is a Filipino Muslim; that he is the registered owner of the
lot covered by Transfer Certificate of Title No. 15633; and that Vivencio occupied his property,
depriving him of the right to use, possess, and enjoy it. He prayed that respondent Fifth Shari’a
District Court order Vivencio to vacate his property. Does the Sharih District Court have the
jurisdiction over real actions where one of the parties is a Muslim?[4] Explain.

5. An impeachable officer was a respondent in a preliminary proceeding before the House of


Representatives who found probable cause against him. But before the House filed the Articles of
Impeachment before the Senate, the Republic filed a quo warranto case against said impeachable
officer. The officer maintained that he cannot be removed by quo warranto because, being an
impeachable officer, only the Senate acting as an impeachment court can remove him. Is that
contention correct?[5] Explain.

6. May the Congress repeal, alter, or supplement rules concerning pleading, practice, and procedure?
Explain.[6]

7. If your answer is in the negative, which has the power to amend the Rules of Court.[7]

8. What are the limitations on the rule-making power of the Supreme Court?[8] Enumerate.

9. Ger borrowed money from Kre. Ger failed to pay on the designated date. Can the courts, on its
own, call the parties to settle their case amicably?[9] Explain.

10. What is a complaint?[10]

11. What is the primary purpose of filing a complaint?[11] Explain.

12. Distinguish a right of action from a cause of action.[12]

13. How are actions or proceedings classified as to subject matter?[13]

14. How actions are classified according to binding effects?[14]

15. Distinguish real action from personal action.[15]

16. Give examples of real actions.[16]

17. Give examples of personal actions.[17]

18. Do you consider an action to recover deficiency after the extrajudicial foreclosure of real property
mortgage a personal action?[18]Explain.

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19. What is the importance or practical significance of distinguishing between a real action and a
personal action?[19]

20. Define an action in rem.[20]

21. Do you consider a petition for correction of date of birth an action in rem?[21] Explain.

22. Give examples of action or proceedings in rem.[22]

23. What is an action in personam?[23]

24. What is an action quasi in rem?[24]

25. Give examples of actions quasi in rem.[25]

26. Is an action for ejectment an action quasi in rem or in personam?[26]

27. Is an action to recover title to or possession of real property an action in personam or an action
quasi in rem?[27]

28. What is the importance of distinguishing an action in personam from an action in rem or quasi in
rem?[28]

29. Define the term jurisdiction as to subject matter, personal and over the res.[29]

30. Define the term jurisdiction as to subject matter, personal and over the res.[30]

31. Classify jurisdiction.[31]

32. What are the original and exclusive jurisdiction of the SC in civil cases?[32]

33. What are the original concurrent jurisdiction of the SC with the CA in civil cases?[33]

34. SC’s original concurrent jurisdiction with the RTC’s in civil cases.[34]

35. SC’s jurisdiction concurrent with RTC’s.[35]

36. SC’s jurisdiction concurrent with the Sandiganbayan.[36]

37. In what courts that the Rules of Court be applicable?[37]

38. Carest and Erlinda were nurses of Tondo Medical Center. In July of 1999, Carest availed of
maternity leave when she delivered her child. Erlinda circulated innuendos that Carest’s child did
not belong to her husband. For this, Carest filed an administrative complaint, for serious
misconduct, against Erlinda before the Office of the Ombudsman. Erlinda filed a motion to dismiss
arguing that the Ombudsman has no jurisdiction to conduct an investigation of an act of a public
officer which is not service-connected. Notwithstanding Erlinda’s motion, the Office of the
Ombudsman rendered a decision finding Erlinda as charged and ordered her suspension for seven
months. Erlinda filed a petition for certiorari before the Supreme Court arguing that the
Ombudsman has no jurisdiction to conduct an investigation of a non-service connected act.
a) Was Erlinda correct?

b) Was she correct also in elevating her case directly with the Supreme court without first observing
the hierarchy of courts? Explain very briefly.[38] 2 points.

39. What is the basis in determining the jurisdiction of the court at the time of the filing of the
case?[39] Explain.

40. Which confers jurisdiction over the subject matter of the case?[40] Explain.

41. Distinguish jurisdiction over the subject matter from the exercise of jurisdiction.[41] Explain.

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42. Juliet invoking the provisions of the Rule on Violence Against Women and their Children filed
with the RTC designated as a Family Court a petition for issuance of a Temporary Protection Order
(TPO) against her husband, Romeo. The Family Court issued a 30-day TPO against Romeo. A day
before the expiration of the TPO, Juliet filed a motion for extension. Romeo in his opposition raised,
among others, the constitutionality of R.A. No. 9262 (The VAWC Law) arguing that the law
authorizing the issuance of a TPO violates the equal protection and due process clauses of the 1987
Constitution. The Family Court judge, in granting the motion for extension of the TPO, declined to
rule on the constitutionality of R.A. No. 9262. The Family Court judge reasoned that Family Courts
are without jurisdiction to pass upon constitutional issues, being a special court of limited
jurisdiction and R.A. No. 8369, the law creating the Family Courts, does not provide for such
jurisdiction. Is the Family Court judge correct when he declined to resolve the constitutionality of
R.A. No. 9262?[42] Explain.

43. P filed an action for specific performance against S in order to compel the latter to execute a deed
of conveyance over a parcel of land the assessed value of which was P10,000 before the Regional
Trial Court. D filed a motion to dismiss alleging that the action was a real one even if was captioned
as specific performance. If you were the judge, will you grant the motion to dismiss?[43] Explain.

44. May jurisdiction be conferred by waiver?[44] Explain.

45. A filed an action for specific performance in order for B to execute a deed of conveyance, the
assessed value of the land was P15,000. A filed the case with the RTC and trial ensued without B
challenging the jurisdiction of the RTC. The Court ruled in favor of A. On appeal, B challenged
the jurisdiction of the RTC alleging that under the principle of ultimate objective test, it is the MTC
which has jurisdiction over the case considering that the assessed value is less than P20,000.00. Do
you think the contention of B will prosper?[45] Explain.

46. Give a situation of jurisdiction by estoppel.[46] Explain.

47. S and D entered into a contract wherein the latter agreed to sell to S his land, the assessed value of
which was P15,000.00. D failed to comply his promise hence S filed an action for specific
performance against D to compel the latter to execute a deed of conveyance with the RTC
considering that specific performance is incapable of pecuniary estimation. D did not challenge the
jurisdiction but insisted that he did not promise to sell his land and that the document purporting to
be their agreement was fraudulent. Trial ensued after which the court decided to dismiss the case
for lack of jurisdiction. S appealed the decision and contended that because D did not question the
jurisdiction of the RTC, the issue of lack of jurisdiction was already waived.
(a) Did the RTC acquire jurisdiction of the case?[47] Explain.

(b) Assuming that the RTC did not acquire jurisdiction, was it conferred by waiver on the part of
S?[48] Explain.

48. In what cases that the Rules of Court be applicable?[49]

49. Do the Rules of Court have a retroactive application?[50] Explain.

50. While procedural rule may be made applicable to actions pending and undetermined at the time of
their passage and is retroactive in that sense, in what instances that the rule does not
apply?[51] Enumerate.

51. In what cases that the Rules of Court is not applicable?[52] Enumerate.

52. Are administrative bodies bound by the Rules of Court?[53] Explain.

53. The Comelec admitted the affidavit of the witness even if the same was not identified during the
hearing. Was the Comelec correct?[54] Explain.

54. The issue of the respondent’s appointment was not disputed. He was charged with acts of
lasciviousness constituting serious misconduct. The Civil Service Commission admitted in
evidence the affidavit of the complainant although the same was identified only ex-parte. Was the
civil commission correct?[55] Explain.

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55. The Court of Appeals admitted in evidence the belated certification of the Baragay captain that Oh
Mi Ghod was not actually residing in the barangay at the time of the latter’s application for
naturalization. Said certification, however, was not offered in evidence in the trial court. Was the
CA correct?[56] Explain.

56. If these Rules is not applicable based in your answer in the preceding questions, will there be
situations where the Rules of Court be made applicable in the cases you enumerated?[57] Explain.

57. What is the scope of civil procedure in the Rules of Court.[58]

58. Define the following: (1) Civil action[59]; (2) Criminal action[60]; (3)Special proceeding.[61]

59. What are the special civil actions?[62]

60. In what cases that the Rules of Court shall not be applicable?[63]

61. When is a civil action commenced?[64]

62. If an additional defendant is impleaded in a later pleading, when shall the action is deemed
commenced as far as he is concerned?[65]

63. How is the Rules of Court be construed?[66]

64. Can a petition for judicial settlement of estate be dismissed for failure of the petitioners to aver that
earnest efforts toward a compromise involving members of the same family have been made prior
to the filing of the petition?[67]

65. When is an action deemed commenced?[68]

66. May a complaint be filed by registered mail? If so, when it is deemed commenced.[69]

67. A complaint filed for recovery of possession of real property also prayed for moral and exemplary
damages the amounts of which have been left to the court’s discretion, and for actual damages the
amount of which shall be proven at the trial. The docket fees for the action involving the real
property have been paid, but not those for the related damages, the amount of which have not been
specified;
1. (a) Did the trial court acquire jurisdiction over the action?[70]

(b) May the action be dismissed?[71]

2. (b) Is the rule on the payment of docket fees in ordinary civil actions the same as that for
the claim of damages which are impliedly instituted in criminal cases?[72](91 Bar Q5).

68. What trial court outside Metro Manila has exclusive original jurisdiction over the following cases?
Explain briefly your answers.

(a) An action filed on November 13, 2017 to recover the possession of an apartment unit being
occupied by the defendant by mere tolerance of the plaintiff, after the former ignored the
last demand to vacate that was duly served upon and received by him on July 6,2016.[73]

(b) A complaint in which the principal relief sought is the enforcement of a seller's contractual
right to repurchase a lot with an assessed value of P15,000.00.[74]

69. Santa filed against Era in the RTC of Quezon City an action for specific performance praying for
the delivery of a parcel of land subject of their contract of sale. Unknown to the parties, the case
was inadvertently raffled to an RTC designated as a special commercial court. Later, the RTC
rendered judgment adverse to Era, who, upon realizing that the trial court was not a regular RTC,
approaches you and wants you to file a petition to have the judgment annulled for lack of
jurisdiction. What advice would you give to Era? Explain your answer.[75]

70. The respondent offered to buy a parcel of land from the National Tobacco Administration. The
deed of sale was signed by Respondent and he paid the 20% down payment but the Petitioners,

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officers of the NTA, refused to implement the sale. Respondent thus filed against the Petitioners a
Petition for Mandamus with Damages. In the body of the petition, the amount of the moral and
exemplary damages and the attorney’s fees were mentioned but they were not mentioned at all in
the prayer. The Petitioners filed a motion to dismiss for failure to pay the docket fees on the moral
and exemplary damages and attorney’s fees. The Respondent then filed an amended petition
specifying the amount of the damages and fees in the prayer and also asking that the deed of sale
executed by NTA in favor of Stanford East Realty Corporation be declared void and a TCT in favor
of Petitioner be issued. The trial court, over the Petitioners’ objections, admitted the amended
petition stating that the Respondent had already paid the docketing fee. Did the trial court act
properly in admitting the amended petition?[76]

71. P was a former record owner of 100 shares of stock in the Manila Golf Club. Upon his return from
the U.S., he discovered that the shares in his name were cancelled and new shares issued in favor
of the NSC. P filed an action against NSC and MGC to compel the assignment of shares of stock
in his favor. P paid the docket fee for actions incapable of pecuniary estimation, which was only
about P600. After trial NSC filed a motion to dismiss on the ground that P should have paid the
docket fee based on the value of the stocks sought to be recovered and since the proper docket fees
were not paid, the trial court therefore did not acquire jurisdiction.

(a) Were the proper docket fees paid?[77] Explain.

(b) Should the motion to dismiss filed by NSC be granted?[78] Explain.

72. Allan borrowed money from Bruno in the amount of P300,000.00. Allan failed to pay hence Bruno
caused Allan to be summoned for barangay conciliation. On November 4, 2017 and in the barangay,
they agreed that Allan will pay Bruno the total amount of P350,000.00 to include the interest, on
November on or before January 30, 2018. Allan failed to pay hence Bruno filed with the RTC of
Ozamiz City an action for sum of money. Allan moved to dismiss the case alleging that the RTC
has no jurisdiction because the subject of the action resulted from a conciliation proceeding hence
it is the MTC which has jurisdiction. Bruno countered that because the amount of the claim is more
than P300,000.00, it is the RTC which has jurisdiction. Rule on the contention of the two (2)
sides.[79]Explain.

73. May the trial court allow the payment by installment of the docket fee where the plaintiff pleads
financial difficulty?[80]

74. M et al., as human rights victims obtained a favorable judgment against the estate of Pres. Marcos
in the amount of $1.9B. They filed a complaint with RTC for the enforcement of such judgment
which has become final and executory. The Marcos Estate filed a motion to dismiss for non-
payment of docket fees which it argued should be based on the amount of the judgment award
sought to be enforced. M et al. countered that an action to enforce a foreign judgment is incapable
of pecuniary estimation; hence the rate of Php 610 is sufficient. Should the docket fees be computed
based on the amount of the judgment award sought to be enforced?[81]

75. In the proceedings for the settlement of the estate of Alice, a contingent money claim for
commission in the event of the sale of properties of the estate was filed by Alan with the probate
court. The executrix moved for the dismissal of the claim on the ground that the docket fee under
S7(a) R141 was not paid. The RTC dismissed the money claim. Was the dismissal proper?[82]

76. What are the instances when the docket fees need not be paid at the commencement of the suit but
may be considered as a lien on the judgment award?[83]

77. The petition for change of name under R108 did not implead the local civil registrar. However, a
copy of the petition was furnished the local civil registrar. Judgment was rendered granting the
petition. On appeal the OSG contends that the judgment was null and void since an indispensable
party, the local civil registrar, was not impleaded. May the judgment be set aside?[84]

78. What is the basis of an ordinary civil action?[85]

79. What is a cause of action?[86]

80. What is a right of action?[87]

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81. Is a party allowed to institute in more than one suit for a single cause of action?[88] Explain.

82. What is the effect if the plaintiff splits his cause of action into two (2) or more?[89] Explain.

83. Nora was indebted to Vilma evidenced by four (4) promissory notes which became due on March
1, April 2, May 3 and June 4. Vilma, to minimize the docket fee, filed an action for collection for
the promissory note dated March 1 only. The court decided the case in Vilma’s favor. Yesterday,
when he has already the money to pay for the higher docket fee, filed another collection case against
Nora for the remaining three (3) promissory notes. If you were the counsel of Nora, what will you
do?[90] Explain.

84. What is the importance of a cause of action?[91]

85. Define the following terms:


(1) Right of action[92];

(2) Relief[93];

(3) Remedy[94];

(4) Subject matter[95]

86. Illustrate the foregoing terms:


Plaintiff lent P500,000 to Defendant. The loan is secured by a real estate mortgage executed
by X in favor of the Plaintiff. The Defendant failed to pay the loan on the due date despite
demand from Plaintiff.[96]

87. Distinguish a cause of action from a right of action.[97]

88. May there be a cause of action without a corresponding right of action?[98]

89. Is there a cause of action in proceedings for declaratory relief?[99]

90. What is meant by “splitting a cause of action”?[100]

91. What is the effect of splitting a cause of action?[101]

92. SRBI mortgaged several parcels of land to Metrobank as security for its loan. Then SRBI and
Metrobank entered into a credit line agreement with the same mortgaged properties as collateral.
SRBI defaulted and Metrobank filed an action for extrajudicial foreclosure of the mortgage.
Subsequently, Metrobank filed an action for collection of money arising from the export bill
purchases under the credit line agreement. Metrobank bought the properties at the foreclosure but
the bid price was below SRBI’s obligations. SRBI moved to dismiss the action for collection on
the ground that Metrobank is splitting its cause of action. Should the motion to dismiss be
granted?[102]

93. Prince Chong entered into a lease contract with King Kong over a commercial building where the
former conducted his hardware business. The lease contract stipulated, among others, a monthly
rental of P50,000.00 for a four (4)-year period commencing on January 1, 2010. On January 1,
2013, Prince Chong died. Kin Il Chong was appointed administrator of the estate of Prince Chong,
but the former failed to pay the rentals for the months of January to June 2013 despite King Kong’s
written demands. Thus, on July 1, 2013, King Kong filed with the Regional Trial Court (RTC) an
action for rescission of contract with damages and payment of accrued rentals as of June 30, 2013.

(A) Can Kin Il Chong move to dismiss the complaint on the ground that the RTC is without
jurisdiction since the amount claimed is only P300,000.00?[103] Explain.

(B) If the rentals accrued during the lifetime of Prince Chong, and King Kong also filed the
complaint for sum of money during that time, will the action be dismissible upon Prince Chong’s
death during the pendency of the case?[104] Explain.

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94. P sued D for specific performance of a contract. The court decided in favor of D and dismissed P’S
complaint. After the dismissal had become final, P sued D to have the same contract reformed to
make it conform to their true intent and to recover upon the reformed contract. Is the second action
barred by res judicata?[105]

95. Petitioner filed with the CFI a complaint against the Private Respondent in 1969 for quieting of
title with damages, wherein the former seeks to be declared the owner of the subject land. In 1970,
the private Respondent dispossessed petitioners of the land in question and stayed there until
January 1978. The Private Respondent won in the CFI but the CA reversed and declared the
Petitioner as the owner of the subject land and ordered the Private Respondent to pay Petitioner
P100,000 as the latter’s share in the proceeds of the sale of the copra from the coconuts harvested
in the land. The Decision became final and executor in February 1978. In the same month,
Petitioner filed a second case with the CFI against Private Respondent seeking to recover from the
latter the incomes from the subject land from 1970 up to 1978 when possession of the land was
delivered to the Petitioner. Private Respondent filed a motion to dismiss the second case on the
ground of res judicata. Should the second motion to dismiss be granted?[106] Explain.

96. Nasugatan sued Sagasa for injuries he suffered when Sagasa drove his car recklessly and bumped
into Nasugatan. Sagasa confessed judgment and was adjudged to pay P5,000.00. Nasugatan became
blind because of the injuries he sustained in the accident. He filed another suit against Sagasa, this
time for P100,000.00. May Sagasa plead the filing of the first complaint in abatement of the second
suit and contend that the judgment on the merits in the first case constitutes a bar in the
second?[107] Explain.

97. P filed with the RTC an accion reivindicatoria over a parcel of rice land against D, alleging that
the same was sold to him by the rightful owner S and praying that he (P) be declared the owner of
the land and that D deliver possession to him. D filed an answer in which he also counterclaimed
for moral and exemplary damages for the unwarranted filing of the suit by P. During the pendency
of the case, P disposed D of the subject land and proceeded to harvest the rice. Judgment was
rendered by the RTC dismissing P’s suit. The judgment became final. P delivered possession back
to D. D then filed an action before the RTC against P seeking to recover the value of the rice
harvested by P. P. filed a motion to dismiss on the ground of res judicata. Should the motion to
dismiss be granted?[108]

98. What are the rules governing joinder of causes of action?[109]

99. A is indebted to B in the amount of P500,000 which became due on April 1, this year. A also
mortgaged his lot to B which became mature also on April 1. B filed an action for collection and
foreclosure of mortgage, in one suit, yesterday. Do you think the action will prosper?[110] Explain.

100. Is a misjoinder of causes of action a ground for the dismissal of the action?[111] Explain.

101. What is the totality rule?[112]

102. Lender extended to Borrower a P100,000.00 loan covered by a promissory note. Later,
Borrower obtained another P100,000.00 loan again covered by a promissory note. Still later,
Borrower obtained a P300,000.00 loan secured by a real estate mortgage on his land valued at
P500,000.00. Borrower defaulted on his payments when the loans matured. Despite demand to pay
the P500,000.00 loan, Borrower refused to pay. Lender, applying the totality rule, filed against
Borrower with the Regional Trial Court (RTC) of Manila, a collection suit for P500,000.00.
(A)Did Lender correctly apply the Totality Rule and the Rule on Joinder of Causes of Action?
Explain.[113]

103. At the trial, Borrower's lawyer, while cross-examining Lender, successfully elicited an
admission from the latter that the two promissory notes have been paid. Thereafter, Borrower's
lawyer filed a motion to dismiss the case on the ground that as proven only P300,000.00 was the
amount due to Lender and which claim is within the exclusive original jurisdiction of the
Metropolitan Trial Court. He further argued that lack of jurisdiction over the subject matter can be
raised at any stage of the proceedings. Should the court dismiss the case?[114] Explain.

104. Give the rule on joinder of parties.[115]

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105. What is the meaning of “transaction” as used in S6 R3?[116]

106. Peter, the owner of a parcel of land, files a complaint for recovery of possession against 30
persons who each occupy a separate and distinct portion of the land. Is the joinder of defendants
proper?[117] Explain.

107. P, a Manila resident, filed a complaint against D, a resident of Iloilo City, in the RTC of
Manila. The complaint joins 2 causes of action: one for collection of P500,000 and the other for
title to real property in Iloilo City with an assessed value of P20,000, both causes of action arising
out of the same transaction between the parties. Was there a proper joinder of causes of action?[118]

108. P filed a complaint in the RTC of Manila. The complaint joins 2 causes of action: one for
collection of P350,000.00 against D and another for specific performance against E (D’s friend)
based on E’s undertaking that he will assign certain shares of stock in favor of P if D defaults in
the payment of the loan. Assume that the joinder of D and E as defendants complies with S6 R3.
Was there a proper joinder of causes of action?[119]

109. Hanna, a resident of Manila, filed a complaint for the partition of a large tract of land
located in Oriental Mindoro. She impleaded her two brothers John and Adrian as defendants but
did not implead Leica and Agatha, her two sisters who were permanent residents of Australia.
Arguing that there could be no final determination of the case without impleading all indispensable
parties, John and Adrian moved to dismiss the complaint. Does the trial court have a reason to
deny the motion?[120] Explain your answer.

110. P, a Manila resident, filed a complaint against D, a resident of Iloilo City, in the RTC of
Manila. The complaint joins 2 causes of action: one for collection of P300,000 and the other for
recovery of title to real property in Iloilo City with an assessed value of P60,000, both causes of
action arising out of the same transaction between the parties.
(a).Was there a proper joinder of causes of action?[121];

and (b). If you were the lawyer for D, what would you do?[122]

111. P lent P250,000 to D which remains unpaid despite several demands by P. P also entered
into a contract for services with D. However, D has breached a material provision of the contract
for services. P filed a complaint against D before the MTC of Manila wherein he joins the cause of
action for collection and rescission. Should the joinder of causes of action be allowed?[123]

112. Elise obtained a loan of P3 Million from Merchant Bank. Aside from executing a
promissory note in favor of Merchant Bank, she executed a deed of real estate mortgage over her
house and lot as security for her obligation. The loan fell due but remained unpaid; hence, Merchant
Bank filed an action against Elise to foreclose the real estate mortgage. A month after, and while
the foreclosure suit was pending, Merchant Bank also filed an action to recover the principal sum
of P3 Million against Elise based on the same promissory note previously executed by the latter. In
opposing the motion of Elise to dismiss the second action on the ground of splitting of a single
cause of action, Merchant Bank argued that the ground relied upon by Elise was devoid of any legal
basis considering that the two actions were based on separate contracts, namely, the contract of
loan evidenced by the promissory note, and the deed of real estate mortgage. Is there a splitting of
a single cause of action?[124] Explain your answer.

113. P(lessor) files a complaint with the RTC wherein he joins two causes of action: one against
the lessee B to collect unpaid rentals of P250,000 and the other against sub-lessee C to collect
damages on the leased premises amounting to P200,000. C files a motion to drop him from the case
on the ground of misjoinder. Should the court grant C’s motion?[125]

114. P is a dealer of tires in Baguio City. A bought P200,000 worth of tires from P. The same
day B bought P200,000 worth of tires from P. Both A and B did not pay P. P filed a case with the
RTC of Baguio City joining his causes of action against A for collection of P200,000 and against
B for collection of P200,000. B filed a motion to dismiss the case on the ground of lack of subject-
matter jurisdiction. Should the motion to dismiss be granted?[126] Explain.

115. D borrowed P250,000 from P. The loan remains unpaid despite several demands from P.
in another transaction, D bought from P a jeep worth P250,000. Although the jeep had been

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delivered to him, D did not pay P the purchase price despite several demands. The loan and the sale
are unrelated to each other and do not have a common question of law or fact. P filed a complaint
against D before the RTC of Manila wherein P joins the two causes of action. D filed a motion to
dismiss on the ground of lack of jurisdiction. D argues that there is a misjoinder of causes of action
since the two claims for relief do not arise from the same transaction or series of transactions and
there is no common question of law of fact. Should the motion to dismiss be granted?[127] Explain.

116. P’s bus sideswiped a car owned by G. the cost of the repair was P450,000. The insurer paid
G P60,000 and so the balance of P390,000 was shouldered by G. the insurer and G filed a single
complaint before the RTC of Makati against P wherein the insurer claimed for P60,000 and G
claimed for P390,000. P filed an answer wherein he contends that the RTC of Makati does not have
jurisdiction since the separate claims of the insurer and G fall below the jurisdictional amount and
joinder of causes of action was not proper. Does the RTC of Makati have jurisdiction?[128] Explain.

117. P is a resident of Iligan City, while R and M are residents of Ozamis City. They are the co-
owners of a parcel of residential land located in Tangub City with an assessed value of P200,000.
P borrowed P200,000 from R which he promised to pay on or before December 1, 2012. However,
P failed to pay his loan. P also rejected R and M’s proposal to partition the property. R filed a
complaint against P and M in the RTC of Tangub City for the partition of the property. He also
incorporated in his complaint his action against P for the collection of the latter’s P200,000 loan
plus interest and attorney’s fees. State with reasons whether it was proper for R to join his causes
of action in his complaint for partition against P and M in the RTC of Tangub City.[129]

118. R, a warehouseman, filed a complaint against V, X and Y Corporations to compel them to


interplead. He alleged therein that the three corporations claimed title and right of possession over
the goods deposited in his warehouse and that he was uncertain which of them was entitled to the
goods. After due proceedings, judgment was rendered by the court declaring that X was entitled to
the goods. The decision became final and executory. R filed a complaint against X for the payment
of P100,000 for storage charges and other advances for the goods. X filed a motion to dismiss on
the ground of res judicata. X alleged that R should have incorporated in his complaint for
interpleader his claim for storage fees and advances and that for his failure he was barred from
interposing his claim. R replied that he could not have claimed storage fees and other advances in
his complaint for interpleader because he was not yet certain as to who was liable therefore. Resolve
the motion to dismiss.[130] Explain.

119. Who may be parties in a civil action?[131]

120. Who is a real party in interest?[132]

121. Give examples of entities authorized by law to be parties in a civil action.[133]

122. What is the rule if the suit is instituted by a representative party?[134] Explain.

123. Who is a representative in an action?[135]

124. May an agent sue in his own name?[136] Explain.

125. The Tibanga Subdivision Homeowner’s Association (TSHA) filed a suit against P seeking
to compel her to provide an open space for Tibanga Subdivision. The records are bereft of any
showing that TSHA is an association duly organized under Philippine Law. P filed a motion to
dismiss with the HLURB on the ground of lack of legal personality of TSHA to sue. The HLURB
denied the motion to dismiss treating the action as a suit by all the parties who signed and verified
the complaint. Should the HLURB have dismissed the complaint?[137] Explain.

126. If the plaintiff is not a natural person or an entity authorized by law to be a party, what is
the ground of the motion to dismiss?[138] Explain.

127. In whose name must an action be prosecuted or defended?[139]

128. What is the reason for the rule that every action must be prosecuted or defended in the
name of the real party in interest?[140]

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129. Strauss filed a complaint against Wagner for cancellation of title. Wagner moved to dismiss
the complaint because Grieg, to whom he mortgaged the property as duly annotated in the TCT,
was not impleaded as defendant. a.) Should the complaint be dismissed?[141]

130. If the case should proceed to trial without Grieg being impleaded as a party to the case,
what is his remedy to protect his interest?[142]

131. Does the rule require that a civil action be prosecuted by the real party in
interest?[143] Explain.

132. Who is a real party in interest?[144]

133. If an action is prosecuted in the name of someone who is not the real party in interest, what
is the remedy of the defendant?[145] Explain.

134. G drove the car of his father, P, and left it in the parking area of the Known Inn where he
was a guest. G entrusted the key of the car to a security guard hired by the PR Company, the
owner/operator of the Known. E, pretending to be the brother of G, got the key from the security
guard and drove away with the car. The car was never recovered. Later, P sued PR for the value of
the carnapped vehicle plus damages. PR sets up the defense that P has no interest in the case, hence,
has no cause of action, as he was not the guest of the Inn but his son, G. is the defense of PR
tenable?[146] Explain.

135. What is the exception to the rule that every action must be prosecuted or defended in the
name of the real party in interest?[147]

136. Give examples of representative parties.[148]

137. Water Builders, a construction company based in Makati City, entered into a construction
agreement with Super Powers, Inc., an energy company based in Manila, for the construction of a
mini hydroelectric plant. Water Builders failed to complete the project within the stipulated
duration. Super Powers cancelled the contract. Water Builders filed a request for arbitration with
the Construction Industry Arbitration Commission (CIAC). After due proceedings, CIAC rendered
judgment in favor of Super Powers, Inc. ordering Water Builders to pay the former P10 million,
the full amount of the down payment paid, and P2 million by way of liquidated damages.
Dissatisfied with the CIAC's judgment, Water Builders, pursuant to the Special Rules of Court on
Alternative Dispute Resolution (ADR Rules) filed with the RTC of Pasay City a petition to vacate
the arbitral award. Super Powers, Inc., in its opposition, moved to dismiss the petition, invoking
the ADR Rules, on the ground of improper venue as neither of the parties were doing business in
Pasay City. Should Water Builders' petition be dismissed?[149]

138. Give an example of a party authorized by law or the Rules of Court to sue even if he is not
the real party in interest.[150]

139. A complaint entitled “A as Attorney-in-fact for X, Plaintiff, versus B, Defendant” was filed
to recover a car in the possession of B. A’s power of attorney expressly authorized him (A) to sue
for the recovery of the car. B files a motion to dismiss the complaint for lack of capacity to sue.
Decide the motion.[151] Explain.

140. Give an exception to the rule requiring the joinder of the beneficiary.[152]

141. What are the rules regarding spouses as parties to a suit?[153]

142. Husband and wife lent money to defendant spouses A and B. A and B did not pay the loan.
Husband alone filed a suit to collect the loan against A and B. A and B filed a motion to dismiss
on the ground that the wife was not impleaded as a co-plaintiff in violation of S4R3. Should the
motion to dismiss be granted?[154] Explain.

143. D(wife) and E (husband) were married in 1990. E works as an employee in a private
company abroad. In 1995, D (without E’s knowledge) borrowed money from C to put up a
drugstore the income of which was intended to defray the household expenses. The drugstore

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however incurred only losses and eventually went under. C sues D and E to recover the debt. Should
the absolute community be liable?[155] Explain.

144. Would your answer be the same if D was designated administrator-spouse?[156] Explain.

145. The Philippine Blooming Corporation obtained a P50-million loan from Ayala Investment.
As security for the loan, the Executive Vice-President of PBM, Alfredo Ching was the designated
administrator-spouse of the absolute community. PBM defaulted on the loan so Ayala Investment
sued PBM and Ching. A final and executory judgment was rendered in favor of Ayala Investment
and it sought to levy on the conjugal properties of the Spouses Ching. May the sheriff levy on the
absolute community properties?[157]

146. Would your answer be the same if it was proved by Ayala Investment that because of the
grant of the loan, the employment of Ching in PBM would be prolonged, that the shares in PBM
of the Ching family would rise in value, and that Mr. Ching’s prestige in PBM and his career therein
would be enhanced?[158]

147. Who is an indispensable Party?[159]

148. Who is a necessary party?[160]

149. Distinguish an indispensable party from a necessary party.[161]

150. What is the rule regarding an indispensable party?[162]

151. What is the result if an indispensable party is not impleaded in a suit?[163]

152. In a declaratory relief proceeding, what is the effect of the failure to include as defendant
a party who would be adversely affected by the declaratory judgment of the court?[164]

153. What is the test for determining whether a party is an indispensable party or not?[165]

154. Give examples of indispensable parties.[166]

155. D obtained a car loan from a car dealer evidenced by a promissory note and secured by a
chattel mortgage over the car executed by D in favor of the car dealer. The note and the chattel
mortgage were assigned by the car dealer to BA Finance. D defaulted in the payment of the loan.
BA Finance learned later on that the car was in the possession of F. BA Finance filed an action for
replevin against F to recover the car. D was not impleaded. Is D an indispensable party?[167]

156. In the preceding problem, assume that BA Finance filed the replevin action against D
without impleading F. Is F an indispensable party?[168]

157. Give examples of necessary parties.[169]

158. Quirino and Milagros are co-owners of a credit extended to the spouses Carandang. Quirino
sued the spouses Carandang. The spouses Carandang filed a motion to dismiss on the ground that
an indispensable party, Milagros, was not impleaded as a co-plaintiff. The Spouses Carandang
contends that a co-owner is an indispensable party. Should the motion to dismiss be granted?[170]

159. D, E, and F are solidarily indebted to P for P90,000. P files a collection case against D
only. Are E and F indispensable parties?[171]

160. In an action to foreclose a real estate mortgage, is the junior mortgagee an indispensable
party?[172]

161. Is a solidary co-debtor a necessary party?[173]

162. Is a joint debtor a necessary party?[174]

163. D, E and F are jointly indebted to C in the amount of P9,000,000. C files a collection suit
against D for the amount of P3,000,000. The complaint alleges that D, E and F are jointly indebted

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to C but that C is only suing D in order to avoid additional factual issues which would just prolong
the trial. D files a motion to dismiss on the ground that C did not implead E and F. (a) Should the
motion to dismiss be granted? Assume that the motion to dismiss was not granted.

b. The court however ordered C to implead E and F.[175] Is the order of the court
proper?[176] Explain.

c. Assume that C did not comply with the court order. May the court dismiss the case?
Assume that the court continued trying the case despite C’s non-compliance with its
order. The court rendered judgment in favor of C against D for P3,000,000. The judgment
became final. Subsequently C filed a case against E for collection of P3,000,000.[177]

d. If you were E’s counsel, what would you do?[178]

164. A passenger bus collided with a tricycle resulting in damage to the tricycle and injuries to
its driver. The Plaintiff tricycle driver filed a case for damages against the bus owner alone but did
not implead the bus driver as defendant. Judgment was rendered in favor of the plaintiff. The
defendant bus owner argues that the judgment was void for failure to implead the bus driver as an
indispensable party. Is the judgment void?[179] Explain.

165. Fimarco mortgaged its heavy equipment to the DBP. DBP assigned the mortgage to APT.
Subsequently P filed a suit against Filmarco for recovery of a parcel of land in which the mortgaged
equipment was located. A final and executory judgment was rendered in favor of P. The APT then
filed an action to annul the judgment. It argued that it was an indispensable party and should have
been impleaded in the suit filed by P against Filmarco. Should the judgment be annulled?[180]

166. P filed an action with the RTC to nullify the TCT of A. There was an existing registered
mortgage over the TCT in favor of Metrobank. The bank was however not impleaded in the
cancellation suit. The court rendered judgment cancelling the TCT. The judgment became final and
executory. Can the bank file an action to annul the judgment of the RTC? If so in what court should
the bank file the action?[181]

167. An impostor (Oliver 1) mortgaged the property of Oliver 2 to Chinabank misrepresenting


that she is the real Oliver. Oliver 2 filed an action in the RTC against the bank seeking to nullify
the mortgage on the ground that she’s the real Oliver. Oliver 2 did not implead Oliver 1. Chinabank
filed a motion to dismiss on the ground of non-joinder of an indispensable party. The trial court
denied the motion to dismiss. Instead of filing an answer, Chinabank filed a special civil action
with the CA to set aside the Judge’s order denying its motion to dismiss. Meanwhile for failure of
Chinabank to answer within the reglementary period it was declared in default by the trial court
and Oliver 2 allowed to present evidence ex parte.

a. Did the trial court properly deny Chinabank’s motion to dismiss?[182]

b. Did the trial court properly declare Chinabank in default?[183]

168. P filed with the RTC an action to annul the issuance of an OCT registered in the name of
A (deceased). P did not however implead the heirs of A. A judgment in favor of P annulling the
OCT was rendered by the RTC. The heirs of A then filed with the RTC of Lapu-Lapu City an action
to annul the judgment nullifying the OCT.
(a) In an action to annul an OCT issued in the name of the registered owners, are the heirs of
such registered owner indispensable parties?[184]

(b) Should the RTC grant the action to annul the judgment?[185]

169. What is the Rule if the husband and wife sue or be sued?[186] Explain.

170. What is the Rule if a minor will sue or be sued?[187] Explain.

171. Describe a joinder of parties.[188]

172. P files an action with the RTC of Las Piñas City, Branch 170, to recover a parcel of land
co-owned by D. P however did not implead in his complaint E and F, the co-owners of the land.

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The RTC rendered a judgment in favor of P ordering the reconveyance of the land to P. No appeal
having been filed the judgment became final and executor on 10 January 2004 and was entered in
the book of entries of judgment on the same day. E and F learned of the judgment on 10 March
2004 and on 15 March 2004 they filed a petition for relief from the judgment with Branch 170 of
the Las Pinas RTC. P filed an answer seeking the dismissal of the petition for relief.
1. If you were the judge, would you dismiss the petition for relief?[189]

2. If the dismissal of the petition for relief was proper, what was the appropriate action that
E and F should have availed of and in what court should they have filed the same?[190]

173. Is the non-joinder of necessary or indispensable parties a ground for a motion to


dismiss?[191]

174. What is the Rule on the joinder of indispensable parties?[192] Explain.

175. 7J, a service contractor, provided manpower services of Lotte Philippines Inc. Pursuant to
this, the private respondents were assigned to provide janitorial, maintenance, and utility services
to Lotte. Lotte dispensed with the services of private respondents. The private respondents filed a
labor case against Lotte and 7J. The labor arbiter ruled that the private respondent’s employer was
7J not Lotte. NLRC affirmed. The private respondents filed a petition for certiorari with the CA
against NLRC and Lotte, insisting that Lotte is their employer but they did implead 7J. CA ruled
that Lotte was the employer not 7J and held Lotte solidarily liable with 7J. May the CA’s decision
be set aside?[193]

176. Who is an unwilling co-plaintiff?[194]

177. What is the remedy if there is an unwilling co-plaintiff?[195]

178. Give examples of an unwilling co-plaintiff.[196]

179. Whose option is it to implead the unwilling co-plaintiff?[197]

180. Spouses H and W, during their lifetime, acquired a parcel of land in 1985, located in Cogon,
Lala, Lanao del Norte, under PD 27, or the Agrarian Law at that time, and subsequently an
Emancipation Patent was issued to them in the same year. H died in 1986 while W died in 1987.
A, B, C, D and E were the spouses’ surviving heirs. In 1989, A, the eldest of the five siblings,
mortgaged the land to F but it was not redeemed. Subsequently, A executed a deed of sale in favor
of F, without the knowledge of the other four siblings. The land has an assessed value of
P30,000.00. After learning of the sale, B and C agreed to institute and action to recover ownership
of the land but D and E did not want to join with them.
(a) What will B and C first do before they file an action in Court?[198] Explain.

(b) Let us assume that they already complied the requirements in accordance to your answer
in question (a), what will B and C do next?[199] Explain.

(c) Do you think the action of B and C to recover ownership of the land from A and F will
prosper considering that the land was not yet partitioned by among the
siblings?[200] Explain.

(d) What will B and C do as far as D and E who do not want to be included in the
suit?[201] Explain.

181. What is a class suit?[202]

182. What are the requisites of a class suit?[203]

183. What shall the court do if it finds that the requisites of a class suit have been met?[204]

184. May a group member who was not appointed as a representative intervene in the suit?[205]

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185. N Magazine published an article titled “An island of fear” which wrote all alleged abuses
committed by sugarcane plantation owners against their workers. The sugarcane planters filed a
class suit for libel and damages against N. Was the filing of a class suit proper?[206] Explain.

186. If a class suit is not proper, what is the recourse of the defendant?[207] Explain.

187. L, in Cebu, sold a quantity of rice for P20,000 to R in Toledo, and shipped the rice through
C Transportation. R refused to pay L, claiming that the rice was never delivered to him. C, on the
other hand, claimed that it has delivered the rice to R. whom should L sue?[208] Explain.

188. May a defendant whose name or identity is unknown be sued?[209] Explain.

189. May an entity without juridical personality sue as a plaintiff?[210] Explain.

190. May an entity without juridical personality be sued as a defendant?[211] Explain.

191. In the complaint, is it necessary to state the names of the persons composing the
[212]
entity? Explain.

192. What is the duty of a party’s counsel, in case of the death of the party?[213] Explain.

193. When would the death of the party in a pending action extinguish the claim?[214]

194. 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?[215] Explain.

195. Does the duty under S16R3 apply to death of a party in cases pending appeal?[216] Explain.

196. What is the purpose of notifying or informing the court of the death of a party?[217]

197. Who is the legal representative of the deceased party?[218]

198. If a party becomes incompetent or incapacitated, what will the court do?[219]

199. In case of any transfer of interest, how the action may proceed?[220] Explain.

200. What if there is no executor of administrator appointed by the probate court?[221] Explain.

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