Remedial Law Review 1 QUIZ 􀂃 Omitted through inadvertence or mistake;

September 14, 2019

Coverage: Rules 30 (Trial) to 39 (Execution, Satisfaction and Effect of
Judgments)
Rule 31
3. Define consolidation of actions. When may a court order the joint hearing,
Answer the following questions
trial or consolidation of cases?
ANSWER: Consolidation
Part I (9:00 a.m. – 11:30 a.m.)
• Actions involving a common question of law or fact are pending
Rule 30 before the same court
1. What is trial?
• To avoid unnecessary costs or delay
Answer: It is a judicial process of investigating and determining the legal
controversies starting with the production of evidence by the plaintiff and 4. When may a court order a separate trial?
ending with his closing arguments. Should there be no amicable settlement
or a compromise forged between the parties, the case will be set for trial. Rule 32
5. When may the court order the issues in a case to be referred to a
2. What is the order of trial in civil actions? commissioner?
ANSWER: ORDER OF TRIAL: 6. What are the powers of the commissioner appointed by the court?
(1) plaintiff – evidence in support of complaint Rule 33
(2) defendant – evidence in support of defense, 7. What is a demurrer to evidence? What are the grounds for demurrer?
counterclaim, cross-claim, third party complaint
Answer: It is an objection by one of the parties in an action to the effect
(3) third party defendant – evidence in support of defense,
that the evidence which his adversary produced is insufficient in point of
counterclaim, cross-claim, third party complaint
law to make out a case or sustain the issue.
(4) fourth party defendant – evidence is support of
defense, counterclaim, cross-claim, third party Ground
complaint…and so on
(1) The only ground for demurrer to evidence is that the plaintiff has no
(5) Parties against whom counterclaim or cross-claim
right to relief.
pleaded – adduce evidence in support of defense
(6) Parties – rebutting evidence unless court permits
evidence on original case 8. What is the effect if the demurrer is denied? What about if granted?
􀂃 Newly discovered;
Answer: Effect of denial; Effect of grant
In the event his motion is denied, the defendant does not waive his
right to offer evidence. An order denying a demurrer to evidence is
interlocutory and is therefore, not appealable. It can however be the
subject of a petition for certiorari in case of grave abuse of discretion or an
oppressive exercise of judicial authority.
If the motion is granted and the order of dismissal is reversed on
appeal, the movant loses his right to present the evidence on his behalf. In
the case of reversal, the appellate court shall render judgment for the
plaintiff based on the evidence alone.
9. Distinguish demurrer to evidence in a civil case from demurrer to
evidence in a criminal case.
Answer: (1) In a civil case, leave of court is not required before filing a
demurrer. In a criminal case, demurrer to evidence is filed with or without
leave of court (Sec. 23, Rule 119).
(2) In a civil case, if the demurrer is granted, the order of dismissal is
appealable—since the motion is interlocutory. In a criminal case, the order
of dismissal is not appealable because of the constitutional policy against
double jeopardy—denial is tantamount to acquittal, final and executory.
(3) In civil case, if the demurrer is denied, the defendant may proceed to
present his evidence. In a criminal case, the accused may adduce his
evidence only if the demurrer is filed with leave of court. He cannot
present his evidence if he filed the demurrer without leave of court (Sec.
23, Rule 119).
(4) Both are in the nature of motion to dismiss, with the same ground,
available after plaintiff or prosecutor has rested his case.
Rules 34-36
10. What do you mean by immutability of final and executory judgments?
Answer: It is well-settled that a decision that has acquired finality becomes
immutable and unalterable, and may no longer be modified in any respect,
even if the modification is meant to correct erroneous conclusions of fact
and law, and whether it be made by the court that rendered it or by the
Highest Court of the land. In this case, the Court concurs with the CA‘s
view that the Assailed Order had already become final and executory at the
time when the NHA sought to have it reconsidered before the court a quo.
As evidenced by the registry return receipt on record, the NHA, however,
moved for reconsideration therefrom only more than four (4) months from
notice. As the motion
was filed way beyond the 15-day reglementary period prescribed therefor,
the court a quo‘s judgment had already lapsed into finality.
11. Which controls in case there is a conflict between the fallo and the
ratio decidendi?
Answer: The general rule is that where there is a conflict between the fallo
and the ratio decidendi, the fallo controls. This rule rests on the theory that
the fallo is the final order while the opinion in the body is merely a
statement ordering nothing. Where the inevitable conclusion from the body
of the decision is so clear that there was a mere mistake in the dispositive
portion, the body of the decision prevails
12. What is a judgment on the pleadings? When is it proper?
ANSWER: Judgment on the pleadings
When?
Proper where:
(1) answer:
o fails to tender an issue or
o admits the material allegations of the adverse party’s pleading
(2) motion for judgment on the pleadings is filed
o Not allowable in annulment or legal separation cases
o A general denial is an admission which warrants judgment on the 15. Define judgment. What are its essential requisites to be valid?
pleadings
16. Distinguish sin perjuicio judgment from memorandum decision.
ANSWER:
13. What is a summary judgment? When may a claimant move for it? In
Sin perjuicio judgments – judgment without a statement of facts to
what actions is it proper?
support – no prejudice
ANSWER: Summary judgments
o For claimant; when:
o After answer 17. Distinguish a partial summary judgment from a separate judgment.
Answer:
o Claimant moves for summary judgment with supporting
PARTIAL SUMMARY JUDGMENTS are interlocutory. There is
documents and affidavits
still something to be done, which is the trial for the adjudication of
o For defendant; when: damages but the defendant may properly challenge said order thru a
special civil action for certiorari. (Sec. 1 [c] and last par. of Rule 41)
o Any time
o Defendant moves for summary judgment with supporting Rule 37-39
documents and affidavits 18. What are the grounds for new trial? Cite example of each ground.
o Motion must be served 10 days before hearing of motion ANSWER: GROUND New trial:

o Affidavits and documents served 3 days before hearing
o Judgment rendered if:
o No genuine issue as to any material fact, except unliquidated
damages
o Movant is entitled to judgment as a matter of law.
(1) Fraud, accident, mistake, excusable negligence – unavoidable and
rights impaired
o Only extrinsic fraud – committed outside the trial by the successful
party
(2) Newly discovered evidence which couldn’t have been produced even
with diligence AND would probably affect the outcome

14. Distinguish a judgment on the pleadings from a summary judgment.

ANSWER: Judgment on the pleadings when the answer fails to tender an 19. What are the grounds for reconsideration?
issue. ANSWER: Reconsideration:
Summary judgment when the answer apparently raises an issue, but (1) damages awarded are excessive;
supporting documents show that there is no genuine issue as to any
material fact. (2) evidence is insufficient to justify decision;
(3) decision is contrary to law.
20. What is Neypes Doctrine?
21. When may a party file a petition for relief from a judgment, final order
or other proceeding?
22. What is meant by execution? When does execution issue as a matter of
right?
ANSWER: WHEN DOES EXECUTION UPON JUDGMENTS OR
FINAL ORDERS ISSUE AS A MATTER OF RIGHT?
1) On motion;
(2) Upon a judgment or order that disposes of the action or
proceeding;
(3) Upon the expiration of the appeal period with no appeal taken.
23. What are the exceptions to the rule that execution is a matter of right
after expiration of period to appeal and no appeal is perfected?
ANSWER:
Yes.
(1) Forcible entry and unlawful detainer judgments by lower courts;
(2) [SIRA] – Support, injunction, receivership, and accounting, unless
otherwise ordered;
(3) Quasi-judicial judgments, orders, or resolutions appealable to the
CA.
24. What is the difference between finality of judgment for purpose of
appeal from finality of judgment for purpose of execution?
ANSWER: Final judgments finally dispose of, adjudicate, or determine the
rights of the parties in the case. They are not yet executory (as a matter of
right) in the sense that an appeal may still be perfected.
Final and executory judgments become so by operation of law; upon the
lapse of the appeal period if no appeal is perfected.
25. May an order denying the probate of a will still be overturned after the
period to appeal therefrom has lapsed?
SUGGESTED ANSWER:
Yes, an order denying the probate of a will may be overturned
after the period to appeal therefrom has lapsed. A PETITION FOR
RELIEF may be filed on the grounds of fraud, accident, mistake or
excusable negligence within a period of sixty (60) days after the petitioner
learns of the judgment or final order and not more than six (6) months after
such judgment or final order was entered [Rule 38, secs. 1 & 3; Soriano v.
Asi, 100 Phil. 785 (1957)].
An ACTION FOR ANNULMENT may also be filed on the
ground of extrinsic fraud within four (4) years from its discovery, and if
based on lack of jurisdiction, before it is barred by laches or estoppel.
(Rule 47, secs. 2 & 3)
26. What are the rules on the recognition and enforcement of foreign
judgments in our courts?
SUGGESTED ANSWER:
Judgments of foreign courts are given recognition in our courts thus: In
case of judgment upon a specific thing, the judgment is conclusive upon
the title to the thing, unless otherwise repelled by evidence of lack of
jurisdiction, want of due notice to the party, collusion, fraud, or clear
mistake of law or fact (Rule 39, Sec. 48 [a], Rules of Court); and In case of
judgment against a person, the judgment is presumptive evidence of a right
as between the parties and their successors in interest by subsequent title,
unless otherwise repelled by evidence on grounds above stated (Rule 39,
Sec. 48 [b], Rules of Court). However, judgments of foreign courts may
only be enforced in the Philippines through an action validly heard in the
Regional Trial Court. Thus, it is actually the judgment of the Philippine
court enforcing the foreign judgment that shall be executed.
27. What is a collateral attack of judgments? When is it proper?
28. What is discretionary execution? When are its requirements?
29. What are the 3 stages of the trial court’s jurisdiction over an appealed
case?
30. What properties are exempt from execution?
ANSWER:
(1) Family home;
(2) Professional libraries and equipment of judges, lawyers, engineers,
dentists, and other professionals;
(3) The right to receive support;
(4) Necessary clothing and personal effects, excluding jewelries!
(5) Salaries or wages for personal services rendered within the 4
months preceding the levy and necessary for family support;
(6) Ordinary tools used in livelihood;
(7) Three beasts of burden used in livelihood;
(8) Etc.
But if property mentioned above is mortgaged, it is not exempt from
foreclosure.