I.

1. What is meant by “nature” of an action?

3. List down all the possible civil cases that may be filed in court, indicate the
nature, and if their subject matter is capable of pecuniary estimation or not.
4. What are admiralty cases?

Maritime law, also referred to as admiralty law, consists of the statutes and case precedents that govern
legal disputes originating on navigable waters. Navigable waters include all bodies of water that are
capable of being used for interstate or foreign commerce. Thus, a large river that flows into the ocean or
crosses state lines would fall within maritime jurisdiction. A lake entirely within a single state would not.

5. What are probate proceedings?

In a probate proceeding, the court oversees the process of identifying the deceased person's property,
paying any debts, identifying the proper heirs, and distributing the property to them.

7. What will prevail in case of a conflict between the caption and the body in the determination of the
nature of the action?

When there is a conflict between the title of the case and the allegations in the complaint, the latter prevail in
determining the parties to the action. Jurisprudence directs us to look beyond the form and into the substance so
as to render substantial justice to the parties and determine speedily and inexpensively the actual merits of the
controversy with least regard to technicalities. Genato vs Viola G.R. No. 169706

8. What will prevail in case of a conflict between the body and the relief in the determination of the
nature of the action?

When there is a conflict between the dispositive portion or fallo of a decision and the opinion of the
court contained in the text or body of the judgment, the former prevails over the latter. An order of
execution is based on the disposition, not on the body, of the decision. PH Credit Corp vs. CA G.R. No.
109648

II.

6. When is splitting a cause of action allowed?

The Supreme Court in Coomer stated that the rule against splitting causes of action “applies not only to
the points upon which the court was required by the parties to form an opinion and pronounce
judgment, but to every point which properly belonged to the subject of litigation, and which the parties,
exercising reasonable diligence, might have brought forward at the time.” In this sense, the rule has
broader application than res judicata. Coomer v. CSX Transportation, Inc., 319 S.W.3d 366, 371 (Ky.
2010

8. What are the 3 kinds of forum shopping?

Citing an earlier case, the Supreme Court reiterated the three ways forum shopping may be committed:
1) through litis pendentia— filing multiple cases based on the same cause of action and with the same
prayer, the previous case not having been resolved yet; 2) through res judicata— filing multiple cases
based on the same cause of action and the same prayer, the previous case having been finally resolved;
and 3) splitting of causes of action— filing multiple cases based on the same cause of action but with
different prayers — the ground to dismiss being either litis pendentia or res judicata. (Spouses Silvestre
O. Plaza and Elena Y. Plaza vs. Guillermo Lustiva et al.; G.R. No. 1172909; March 5, 2014)

10. When is joinder of causes of action allowed?

While joinder of causes of action is largely left to the option of a party litigant, Section 5, Rule 2 of our
present Rules allows causes of action to be joined in one complaint conditioned upon the following
requisites: (a) it will not violate the rules on jurisdiction, venue and joinder of parties; and (b) the causes
of action arise out of the same contract, transaction or relation between the parties, or are for demands
for money or are of the same nature and character.

III.

1. What is a condition precedent to the filing of a complaint?

The attempt to compromise as well as its failure or inability to succeed is a condition precedent
to the filing of a suit between members of the same family. [35] Rule 8, Section 3 [36] of the
1997 Rules of Civil Procedure provides that conditions precedent may be generally averred in
the pleadings.

2. Give 5 examples of conditions precedent?

For example, in real estate, a mortgage contract will have a condition precedent that an inspection to
assess the condition and value of the property must occur. That assessment must be agreed to by both
the buyer and the lender before the mortgage contract takes effect.

Condition precedents are also quite common in wills and trusts, where the transfer of money or
property only occurs after certain stipulations are met, such as an heir being married or reaching a
certain age.

3. What actions may not require referral to barangay conciliation?

the Local Government Code or Republic Act (R.A.) No. 7160 does not enumerate cases that can be
brought before the Barangay, but it enumerates cases which are exempted from the Barangay
conciliation proceedings and these are the following:

a) Where one party is the government or any subdivision or instrumentality thereof;

b) Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions;

c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding five thousand pesos
(P5,000.00);

d) Offenses where there is no private offended party;

e) Where the dispute involves real properties located in different cities or municipalities unless the
parties thereto submit their differences to amicable settlement by an appropriate lupon;

f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon;

g) Such other classes of disputes which the President may determine in the interest of justice or upon
the recommendation of the Secretary of Justice (Section 408, Chapter VII, RA No. 7160).

4. What may court do if an action is filed without referral for barangay conciliation?

A case filed in court without compliance with prior Barangay conciliation which is a pre-condition for
formal adjudication (Sec. 412 [a] of the Revised Katarungang Pambarangay Law) may be dismissed upon
motion of defendant/s, not for lack of jurisdiction of the court but for failure to state a cause of action or
prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court may suspend
proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of Court; and refer the case motu
proprio to the appropriate Barangay authority applying by analogy Sec. 408 [g], 2nd par., of the Revised
Katarungang Pambarangay Law which reads as follows:chanrobles virtual law library
"The court in which non-criminal cases not falling within the authority of the Lupon under
this Code are filed may, at any time before trial, motu proprio refer case to the Lupon
concerned for amicable settlement.

5. What is the effect if the case was not referred for barangay conciliation
prior to filing?
6. When arbitration agreement is deemed a condition precedent?
7. What is the doctrine of non-exhaustion of administrative remedies?

University of the Philippines v. Catungal, Jr., et al., (G.R. No. 121863, May 5, 1997), to wit:
“The underlying principle of the rule on exhaustion of administrative remedies rests on the presumption
that the administrative agency, if afforded a complete chance to pass upon the matter, will decide the
same correctly. There are both legal and practical reasons for the principle. The administrative process is
intended to provide less expensive and more speedy solutions to disputes. Where the enabling statute
indicates a procedure for administrative review and provides a system of administrative appeal or
reconsideration, the courts – for reasons of law, comity, and convenience – will not entertain a case unless
the available administrative remedies have been resorted to and the appropriate authorities have been
given an opportunity to act and correct the errors committed in the administrative forum.”

8. How is doctrine of non-exhaustion of administrative remedies similar to the

doctrine of primary jurisdiction?
9. How is the doctrine of non-exhaustion of administrative remedies different
from the doctrine of primary jurisdiction?

IV.

2. What are the different kinds of court in the Philippines?

Review Courts

 Supreme Court
 Court of Appeals

Trial Courts

 Regional Trial Court

 Provincial Regional Trial Court
 Metro Manila Regional Trial Court
 Metropolitan Trial Court
 Municipal Trial Court
 Municipal Circuit Trial Court

Special Courts

 Court of Tax Appeals

 Sandiganbayan

6. What is exclusive jurisdiction?

EXCLUSIVE JURISDICTION
> Power to adjudicate a case or proceeding to the exclusion of other courts at that stage

V.

3. When is there a valid waiver of venue?

Rule 4 of the Rules of Court sets forth the principles generally governing the venue of actions, whether
real or personal, or involving persons who neither reside nor are found in the Philippines or otherwise.
Agreements on venue are explicitly allowed. "By written agreement of the parties the venue of an action
may be changed or transferred from one province to another." 11 Parties may by stipulation waive the
legal venue and such waiver is valid and effective being merely a personal privilege, which is not
contrary to public policy or prejudicial to third persons. It is a general principle that a person may
renounce any right which the law gives unless such renunciation would be against public policy.

VI.

1. What are the civil actions that are governed by the Rule on Summary Procedure?

REVISED RULES ON SUMMARY PROCEDURE Section 1

(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid
rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed twenty
thousand pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the total amount of the plaintiff's claim
does not exceed ten thousand pesos (P10,000.00), exclusive of interest and costs.c

2. What are the civil actions governed by the 2016 Revised Rules for Small Claims Cases?

Actions that are purely civil in nature where the claim or relief prayed for by the plaintiff is: (a) solely for
payment or reimbursement of sum of money owed under any of the following: contract of lease,
contract of loan, contract of services, contract of sale or contract of mortgage; (b) for liquidated
damages arising from contracts; and (c) the enforcement of a barangay amicable settlement or an
arbitration award involving a money claim pursuant to Sec. 417 of the Local Government Code, may be
filed under the Revised Rules on small claims.

3. Give special rules that apply to civil actions?

VIII.

2. What is an ancillary remedy?

"Provisional remedies [also known as ancillary or auxiliary remedies], are writs and processes available
during the pendency of the action which may be resorted to by a litigant to preserve and protect certain
rights and interests pending rendition, and for purposes of the ultimate effects, of a final judgment in
the case. They are provisional because they constitute temporary measures availed of during the
pendency of the action, and they are ancillary because they are mere incidents in and are dependent
upon the result of the main action." G.R. No. 179257, November 23, 2015 - UNITED ALLOY PHILIPPINES
CORPORATION, Petitioner, v. UNITED COCONUT PLANTERS BANK [UCPB] AND/OR PHILIPPINE DEPOSIT
INSURANCE CORPORATION [PDIC], JAKOB VAN DER SLUIS AND ROBERT T.CHUA, Respondent.

4. What are the provisional remedies that may be incorporated in the complaint?

IX.

1. What is a mode of discovery?

Rules 23-28 provide for the DIFFERENT MODES OF DISCOVERY.

DISCOVERY - is the procedure by which one party in an action is enabled to obtain before trial knowledge
of relevant facts and of material evidence in the possession of the adverse party or of a witness.

2. What are the purposes of mode of discovery?

1. to narrow and clarify basic issues between the parties,

2. as a device for ascertaining the facts relative to those issues
3. to support a motion for summary judgment (Rule 35)

3. What are the different kinds of modes of discovery?

KIND of MANNER & TO/BY WHOM

DISCOVERY TIME & PURPOSE
1) Deposition pending a) by leave of court after To any person whether a party or
action upon oral or written jurisdiction obtained over the not at the instance of any party.
interrogatories person or subject.
Purpose: to get oral or written
b) without leave after answer have admissions from a witness.
been served.
2) Deposition before action a) by a verified petition in the court By any person who desires to
of the place of residence of any perpetuate his own testimony or
expected adverse party/ that of another.

Purpose: future action

3) Deposition pending By leave of court if an appeal has By appelle or appellant
appeal been taken or before taking it
before expiration period Purpose: for appeal or future
proceedings
4) Interrogatories a) by leave of court after By and to any party desiring to
jurisdiction obtained over the elicit material and relevant facts
person or subject
Purpose: to elicit material and
b) without leave after answer have relevant facts
been served
5) Request for Admission By a written request for admission By any party filed and served upon
after issues have been joined adverse party

Purpose: for admission of:

a) Genuineness of any material

documents

b) Truth of material facts

6) Production or inspection Upon motion to the court and By and to any party for
of documents or things showing good cause with notice to
all Purposes:
a) Produce, inspect and copy
documents, objects or things not
privilege and material evidence to
a case

b) Entry and inspection of place.

7) Physical and mental Upon motion to the court and By any party against the party
examination showing good cause with notice to whose mental or physical
all mental or physical condition of condition is in controversy
a party is in controversy.
Purposes: Ascertain the physical
or mental condition of a party
material to the action

4. What modes of discovery may be availed of before or at the time of filing of

the complaint?