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Civil Procedure

The RTC of Iloilo City would hear the appeal case filed by B against the decision of the lower court favoring A. As lawyer for C, I would file a motion for reconsideration against the order granting the motion to dismiss on the basis of insufficient evidence. If D's motion to dismiss is denied, the next step would be for D to present her evidence. If the appellate court reverses the dismissal, it would remand the case back to the trial court to render the appropriate judgment, not dismiss. There is no need for findings of fact when resolving a demurrer to evidence. The proper remedy against denying a motion for judgment on demurrer to evidence is petition for certiorari.

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63 views

Civil Procedure

The RTC of Iloilo City would hear the appeal case filed by B against the decision of the lower court favoring A. As lawyer for C, I would file a motion for reconsideration against the order granting the motion to dismiss on the basis of insufficient evidence. If D's motion to dismiss is denied, the next step would be for D to present her evidence. If the appellate court reverses the dismissal, it would remand the case back to the trial court to render the appropriate judgment, not dismiss. There is no need for findings of fact when resolving a demurrer to evidence. The proper remedy against denying a motion for judgment on demurrer to evidence is petition for certiorari.

Uploaded by

Se'f Benitez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Civil Procedure 2A Mid-Term Exams Rule 7 to Rule 56

1. A complaint for collection of a sum of money in the amount of ₱350,000 was


filed by A, a resident of Iloilo City against B, a resident of Guimaras in the
Municipal Trial Court in Cities of Iloilo City. Pre-trial was conducted, then the
Court-Annexed Mediation followed, but it proved unsuccessful. The case was
referred to another court for Judicial Dispute Resolution, but again, there was no
amicable settlement reached. The original court then proceeded with the hearing of
the case and decided in favour of A. Aggrieved, B appealed the case to the
Regional Trial Court of Iloilo City. What would be the action of the RTC of Iloilo
in this instance? (25%)
2. C instituted an action against D to recover ownership of a parcel of land located
in Roxas City plus damages amounting to ₱250,000. After C completed the
presentation of her evidence, D, without waiving her right to present her evidence
in the event the court denies her motion, moved for the dismissal of the action on
the ground of the insufficiency of plaintiff’s evidence. She contends that C has
shown no right to the relief prayed for. The court granted the motion.
A. As lawyer for C, what procedural step would you take under the circumstances
to protect the interest of your client? (5%)
B. Suppose the court denies D’s motion to dismiss the case on the ground of
insufficiency of plaintiff’s evidence, what is the next procedural step that D would
do in this case? (5%)
C. Suppose the appellate court reverses the action taken by the trial court in
granting the dismissal of the action based on insufficiency of plaintiff’s evidence,
will the appellate court remand the case to the trial court for the rendition of the
appropriate judgment? Discuss. (5%)
D. Is there a need to make findings of facts in resolving a demurrer to evidence?
Explain. (5%)
E. What is the proper remedy against an order denying a motion for judgment on
demurrer to evidence when there is no grave abuse of discretion nor in excess of
jurisdiction nor an oppressive exercise of judicial authority? (5%)
3. E instituted a civil action against F. Summons was served on F on February 10,
2020. He sought the services of Atty. G on February 17, 2020, and Atty. G having
so many cases to attend to, filed a motion for extension of time to file F’s answer
on February 24, 2010 which the court granted in its Order dated March 2, 2020 for
an extension of 15 days. Atty. G received the Court Order granting the extension
on March 9, 2020. Atty. G then filed F’s answer to the complaint on March 13,
2020. E objected on the filing of the answer on the ground that it was filed out of
time. Rule on the objection. (25%)
4. H sues I to recover ₱450,000 representing unpaid obligation of I for the
jewelries purchased from H. Considering that I cannot determine exactly how
come she still had such obligation, what procedural step must I undertake to
protect her interest? (25%)

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