Handout No. 16 SUGGESTED ANSWERS TO THE 2016 BAR EXAMINATIONS IN REMEDIAL LAW 1 State at least five (5) civil cases that fall under the exclusive original jurisdiction of the Regional Trial Courts (RTC’s). (5%) SUGGESTED ANSWER: The Regional Trial Courts inter alia shall exercise exclusive original jurisdiction in the following civil cases: (In all civil actions in which the subject of the litigation is incapable of pecuniary estimation; (2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds ‘Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or bui dings, or’ jurisdiction over which is conferred upon the Metropolitan Trial Courts, Mu al Trial Courts, and Municipal Circuit Trial Courts; (3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds Three hundred thousand pesos (P300,000.00) or, in Metro Manila, where such demand or claim exceeds Four hundred thousand pesos (P400,000.00); (4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds Three hundred thousand pesos (P300,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Four Hundred thousand pesos (P400,000.00); (5) In all actions involving the contract of marriage and marital relations; (6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions; (7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and (8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds Three hundred thousand pesos (P300,000.00) or, in such other 1cases in Metro Manila, where the demand exclusive of the abovementioned items exceeds Four Hundred thousand pesos (P400,000.00)" (Section 1, Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act of 1980). i {a] Briefly explain the procedure on “Interrogatories to Parties” under Rule 25 and state the effect of failure to serve written interrogatories. (2.5% SUGGESTED ANSWER: [a] PROCEDURE: 1. Any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf (Section I, Rule 25, Rules of Court). f 2. The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. The party upon whom the interrogatories have been. served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) days after service thereof, unless the court on motion and for good cause shown, extends or shortens the time (Section 2, Rule 25, Rules of Court). 3. Objections to any interrogatories may be presented to the court within ten (10) days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are resolved, which shall be at as early a time as is practicable (Section 3, Rule 25, Rules of Court). Should a party fail to file and serve written interrogatories on an adverse party, he cannot compel the latter to give testimony in open court or to give deposition pending appeal, unless allowed by the court for good cause shown and to prevent a failure of justice (Section 6, Rule 25, Rules of Court; Spouses Vicente Afulugencia and Leticia Afulugencia, G.R. No. 185145, February 5, 2014). [b] Briefly explain the procedure on “Admission by Adverse Party” ~ ’ under Rule 26 and the effect of failure to file and serve the requést. (2.5%)SUG! TED ANSWER: [b] PROCEDURE: 1, At any time after issues have been joined, a party may file and serve upon any party a written request for the admission by the latter of the genuineness of any material and relevant document described in and exhibited with the request or of the truth of any material and relevant matter of fact set forth in the request. Copies of the documents shall be delivered with the request unless copies have already been furnished (Section 1, Rule 26, Rules of Court). 2. Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, which shall not be less than fifteen (15) days after service thereof, or within such further time as the court may allow on motion, the party to whom the request directed files and serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters. 3. Objections to any request for admission shall be submitted to the court by the party requested within the period for and prior to the filing of his sworn statement as contemplated in the preceding paragraph and his compliance therewith shall be deferred until such obligations are resolved, which resolution shall be made as early as practicable (Section 2, Rule 26, Rules of Court). 4. Any admission made by a party pursuant to such request is for the purpose of the pending action only and shall not constitute an admission by him for-any other purpose nor may the same be used against him in any other proceeding (Section 3, Rule 26). Unless otherwise allowed by the court for good cause shown and to prevent a failure of justice a party who fails to file and serve a request for admission on the adverse party of material and relevant facts at issue which are, or ought to be, within the personal knowledge of the latter, shall not be permitted to present evidence on such facts [Emphasis supplied] (Section 5, Rule 26, Rules of Court). ml What are the contents of a judicial affidavit? (5%)