CIVIL PROCEDURE Q and A Part 1
(2pts)
I.
1. A filed a complaint for Nullity of Mortgage Contract, Promissory Note,
Loan Agreement, Foreclosure of Mortgage, Cancellation of TCT and
Damages against B Company before the RTC of Manila. He alleged that he
is the owner of the subject property and he learned that his property was
being foreclosed by B company. Upon A’s investigation, he found out that
the purportedly signed Promissory note, loan agreement etc. covering the
lot, and for his alleged failure to pay B Company they foreclosed the subject
property. A denied having executed any contract with B Company since he
was in Singapore when the documents were signed and that his signature
on the said documents were forged and assails the validity of the
documents. B Company filed a Motion to Dismiss on the ground of
improper venue since the subject contracts it is expressly stated that “All
legal actions arising out of the notice in connection with the Real Estate
Mortgage shall only be brought to the jurisdiction of the proper court of
Makati City.”
a. Is the contention of B company tenable? (2.5pts)
b. If you were the judge, how would you rule on the motion? Decide.
(2.5pts)
2. R is engaging in the business of lending money to persons who needs it
with a monthly rate of seven percent per month with his principal place of
business in Makati City and a branch in Davao City, Jejomar a resident of
Davao City went to the office of R in Davao City and borrowed money from
the latter in the amount of P200,000 payable within 6 months with an
interest rate of 7 percent per month or P14,000 as interest. After 6 months
Jejomar failed to pay and despite demand to pay.
a. If you were the counsel of R where will you file the case? Why?
(2pts)
During the hearing of case, the judge asked R whether he is engage in
the lending business and he replied he is not and reasoned out that the
loan is a personal one, but later upon inquiry the judge learned that he
is indeed engaged in the said business, then the judge dismissed the
case.
b. Is the dismissal correct? Why?
c. What is the remedy of R? Why? (2pts)
Assuming that during preliminary conference R failed to appear
despite notice, but he sent a letter through her daughter Sara to the
court containing the following statement:
“Dear Judge,
May I ask for the resetting of the preliminary conference
of the case since I was suffering from Loose Vowel Movement (LVM).
Very truly yours,
R
The judge denied the request of R since he was duly notified and
he failed to file the appropriate motion, hence the case was dismissed
together with the counterclaim of Jejomar.
d. Is the denial of the request of R proper? Why? (2pts)
e. Is the dismissal of the counterclaim valid? Why? (2pts)
3. Poe filed a case against Jejomar for Specific Performance before the RTC
of Manila. Jejomar through counsel filed a Motion to Dismiss the complaint
on the ground of no cause of action but pending its resolution of the motion
to dismiss, Poe amends her Complaint which was admitted by the court,
but Jejomar failed to file his Answer and subsequently he was declared in
default, Jejomar filed a motion for reconsideration on the ground that his
allegation in his motion to dismiss should be considered as his denial to the
material allegations in the amended complaint.
a. Is the court correct? Why? (3pts)
b. What is the remedy of Jejomar? Why? (2pts)
4. Muhamad a muslim is the owner of a residential unit in Maguindanao
which is being leased by Abdullah for the period of 6 months. Abdullah
failed to pay the agreed rentals totaling to P300,000. Despite demands,
Abdullah failed to pay the rentals. Muhamed filed an unlawful detainer case
againstn Abdullah befote the MTC of Maguinadanao. Shariff, counsel for
Abdullah filed a Motion to Dismiss on the ground of lack of jurisdiction over
the subject matter of the action.
 a. If you were the judge, how would you rule on the motion? Why? file an answer copy furnished A. A through Atty. Marcos filed an Opposition
(5pts) saying that it is a prohibited motion under the Rules.

5. A corporation filed a case against B Corp for Sum of Money and Damages,
in the amount of 1M pesos and paid the corresponding docket fees. A filed
a supplemental complaint increasing the amount of claim to 1.5M. C,
counsel for B Corp., filed a Motion to Dismiss the complaint for the lack of
jurisdiction over the action for failure to comply with the condition
precedent on the payment of docket fees on the supplemental complaint.
a. If you were the judge how would rule on the motion? Why? (5pts)
6. A filed a case against B before the RTC of Manila for Recovery of Sum of
Money. Summons was served to B and Answer with counterclaim for
damages and attorney’s fees were filed by C as counsel for B. During the
presentation of A and counsel failed to appear and upon motion of C the
case was dismissed including his counterclaim.
a. If you were the judge, how would you rule on the motion? Why?
(5pts)
In the above problem, despite service of summons and the filing of the
motion, B Corp. failed to file their responsive prompting the judge on
its own initiative to declare the defendant in default. B Corp., through
its counsel filed a Motion for Reconsideration arguing that there was
no written motion filed in violation of the requirements under Rule 9
which was also denied by the judge.
a. Is B Corp., correct? Why? (5pts)
II.
State the proper remedy/ies on the following with basis: 2 pts. Each

a. Is the dismissal of the case valid? Why? Basis? (2.5pts) a. Complete relief as regards the counter-claim or cross claim other
b. Is the dismissal of the counterclaim valid? Why? (2.5pts) than the original parties to the action;
7. A filed a case against B before the barangay for violation of the lease b. Civil case filed against DENR officers implementing the Clean Air
contract. After the proceedings with the barangay, A died. C & D heirs of A Act and other environmental laws;
filed a case for unlawful detainer against B. B filed a Motion to Dismiss for c. Dismissal by the plaintiff;
failure to comply with the condition precedent of barangay referral since C d. Judgment by Default;
& D is not the original party in the barangay. e. Failure to file an An

a. If you were the judge how would you rule on the motion? (5pts)

8. A obtained a loan in the amount of P1M from B and executed a

promissory note. A failed to pay the loan amount. B filed a case against A
for Sum of Money. A filed her answer and denied the existence of the said
promissory note for lack of knowledge sufficient to form a belief as to the
truth of the said document.

a. If you were the counsel for B, what is your legal recourse? (5pts)

9. A filed a case against B corp., for damages with Environmental Protection

Order due to the emission of toxic gas in the premises of the latter.
Summons was served to Mr. Chiz the General Manager of the company.
Allan peter the counsel for B Corp., filed a motion for extension of time to