Remedial Law Review 1 Assignment No.

1
To be submitted on August 27, 2019

Explain briefly your answers. Write your answers on a thick notebook.

Part I. 2-point Questions

1. What trial court outside Metro Manila has exclusive original jurisdiction over 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, 2017?
2. What trial court outside Metro Manila has exclusive original jurisdiction over 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 Php22,000.00?
3. What court in Metro Manila has jurisdiction over an action for specific performance or, in the alternative, for
damages in the amount of P180,000.00?
4. What court outside Metro Manila has jurisdiction over an action for a writ of injunction?
5. What court in Metro Manila has jurisdiction over an action for replevin of a motorcycle valued at
P150,000.00?
6. What court in Metro Manila has jurisdiction over an action for interpleader to determine who between the
defendants is entitled to receive the amount of P190,000.00 from the plaintiff?
7. What court outside Metro Manila has jurisdiction over a petition for the probate of a will involving an estate
valued at P200,000.00?
8. What is an interlocutory order?
9. How should the records of child and family cases in the Family Courts or RTC designated by the Supreme
Court to handle Family Court cases be treated and dealt with?
10. How shall the Rules of Court be construed?

Part II. 3-point Questions

1. What is the concept of remedial law?
2. Distinguish between substantive law and remedial law.
3. What is the objective of the Katarungang Pambarangay Law?
4. In rendering a decision, should a court take into consideration the possible effect of its verdict
upon the political stability and economic welfare of the nation?
5. What is the difference between a judgment and an opinion of the court?
6. Under what conditions may the identity of parties in child and family cases be divulged?
7.What is the doctrine of hierarchy of courts?
8. What is the Harmless Error Rule in relation to appeals?
9. Distinguish jurisdiction from venue?
10. Distinguish error of jurisdiction versus error of judgment.

Part III. 5-point Questions

1. 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.

2. An amicable settlement was signed before a Lupon Tagapamayapa on January 3, 2001. On July 6, 2001, the
prevailing party asked the Lupon to execute the amicable settlement because of the non-compliance by the
other party of the terms of the agreement. The Lupon concerned refused to execute the settlement/ agreement.
Is the Lupon correct in refusing to execute the settlement/agreement?

3. A brings an action in the MTC of Manila against B for the annulment of an extrajudicial foreclosure sale of
real property with an assessed value of P50,000.00 located in Laguna. The complaint alleged prematurity of
the sale for the reason that the mortgage was not yet due. B timely moved to dismiss the case on the ground
that the action should have been brought in the RTC of Laguna. Decide with reason.
4. A files an action in the Municipal Trial Court against B, the natural son of A’s father, for the partition of a
parcel of land located in Taytay, Rizal with an assessed value of Php20,000.00. B moves to dismiss the action
the ground that the case should have been brought in the RTC because the action is one that is not capable of
pecuniary estimation as it involves primarily a determination of hereditary rights and not merely the bare right
to real property. Resolve the motion.

5. P sued A in the RTC Manila to recover the following sums: (1) 200,000.00 on an overdue promissory note,
(2) P80,000.00 on the purchase price of a computer, (3) P150,000.00 for damages to his car and (4)
P100,000.00 for attorney’s fees and litigation expenses. Can A move to dismiss the case on the ground that
the court has no jurisdiction over the subject matter? Explain.

6. A filed with the MTC of Manila an action for specific performance against B, a resident of Quezon City, to
compel the latter to execute a deed of conveyance covering a parcel of land situated in Quezon City having
an assessed value of P19,000.00. B received the summons and a copy of the Complaint on 02 January 2003.
On 10 January 2003, B filed a Motion to Dismiss the Complaint on the ground of lack of jurisdiction
contending that the subject matter of the suit was incapable of pecuniary estimation. The court denied the
motion. Was the denial of the Motion to Dismiss the Complaint correct?

7. P sued A and B in one complaint in the RTC Manila, the cause of action against A being on an overdue
promissory note for P300,000.00 and that against B being on an alleged balance of P300,000.00 on the
purchase price of good sold on credit. Does the RTC-Manila have jurisdiction over the case? Explain.

8. Amorsolo, a Filipino citizen permanently residing in New York City, filed with the RTC of Lipa City a
complaint for Rescission of Contract of Sale of Land against Brigido, a resident of Barangay San Miguel, Sto.
Tomas, Batangas. The subject property, located in Barangay Talisay, Lipa City has an assessed value of
19,700. Appended to the complaint is Amorsolo’s verification and certification of non-forum shopping
executed in New York City, duly notarized by Mr. Joseph Brown, Esq., a notary public in the State of New
York. Brigod filed a motion to dismiss the complaint on the following grounds:
(a) The court cannot acquire jurisdiction over the person of Amorsolo because he is not a resident of the
Philippine.
(b) The RTC does not have jurisdiction over the subject matter of the action involving the real property with an
assessed value of P19,700; exclusive and original jurisdiction is with the Municipal Trial Court.
Assume you’re the judge, resolve the motion.

9. Josefa filed in the Municipal Circuit Trial Court of Alicia and Mabili, a petition for the probate of the will of
her husband, Martin, who died in the Municipality of Alicia, the residence of the spouses. The probable value
of the estate which consisted mainly of a house and lot was placed at P195,000.00 and in the petition for the
allowance of the will, attorney’s fees in the amount of P10,000.00, litigation expenses in the amount of
P5,000.00 and costs were included. Pedro, the next of kin of Martin, filed an opposition to the probate of the
will on the ground that the total amount included in the relief of the petition is more than P200,000.00, the
maximum jurisdiction amount for municipal circuit trial courts. The court overruled the opposition and
proceeded to hear the case. Was the municipal circuit trial court correct in its ruling?

10. Agatha filed a complaint against Yana in the RTC in Makati City to collect Php350,000.00, an amount
representing the unpaid balance on the price of the car Yana had bought from Agatha. Realizing a
jurisdictional error in filing the complaint in the RTC, Agatha filed a notice of dismissal before she was served
with the answer of Yana. The RTC issued an order confirming the dismissal.

Three months later, Agatha filed another complaint against Yana based on the same cause of action this time
in the MeTC of Makati City. However, for reasons personal to her, Agatha decided to have the complaint
dismissed without prejudice by filing a notice of dismissal prior to the service of the answer of Yana. Hence,
the case was dismissed by the MeTC.

A month later, Agatha refiled the complaint against Yana in the same MeTC. May Yana successfully invoke
the Two-Dismissal Rule to bar Agatha’s third complaint? Explain your answer.

-end-