Samplex MT 12E

CIVIL PROCEDURE
MID-TERM EXAMINATION
INSTRUCTIONS:
1. Write your answers on a yellow or white pad sheet. Use only one sheet per number
but you may put your answers to sub-questions on the same sheet.
2. Take a photograph of each of your answer. One photograph for each sheet.
3. Send the photographs by email to prosec.sier@gmail.com with your LN, GN, MI as
the subject. Make sure to send the email within the allotted time. You may send the
answers in parts by indicating the numbers (1) or (2) and so on in the subject of the
email.
4 Make sure that you follow the instructions.
I. State whether the statement is TRUE or NOT TRUE. (3 pts. each)
1. In pleading a judgment or decision of a foreign court, it is necessary to set

forth the matter showing jurisdiction to render it.
2. If there exists a ground for the dismissal of the Statement of Claims, the court
cannot motu proprio dismiss the case if that ground is not pleaded in the
Response.
3. If an appeal has been duly perfected and finally resolved, the motion for
execution may not be filed by the judgment obligee in the court of origin until
the record of the case is transmitted to it.
4. When a testimony was taken by oral deposition in a foreign jurisdiction, the
cross-examination may only be conducted by the adverse party through oral
examination.
5. If summons was served upon the defendant through publication, the court can
require him to file his answer within a period not exceeding 60 calendar days
from its last publication.
6. The decision on whether or not to execute the judgment rests in the sound
discretion of the sheriff enforcing the writ.
7. If an answer to the original complaint was filed, the new matters raised in the
amended complaint are deemed controverted even if no new answer is filed.
8. A testate proceeding in Metro Manila with an estate gross value not exceeding
P200,000.00 is governed by the Rules on Summary Procedure.
9. An order granting the affirmative defenses raised in the answer cannot be
subject to a motion for reconsideration.
10. A person who is present in court cannot be required to testify if he was not
issued and served with a subpoena requiring him to testify therein.
11. The filing of an action for intervention is a matter of right.
12. The pendency of a motion for summary judgment earlier filed by the defendant
justifies his absence during pre-trial.
13. An action for the revival of judgment must be filed within 10 years from the
expiration of the 5-year period to enforce the writ of execution.
14. A petition for relief from judgment may be filed within 6 months from notice of
the assailed judgment.
15. All actions for specific performance are cognizable by the RTC.
II
A A civil action was filed by Denise against Hanah before the RTC of Manila
wherein she resides. During the pendency thereof and upon motion of Denise,
said court allowed the taking of the deposition of her witness, Dana, before the
RTC of Cebu where the latter resides. During the taking of said deposition,
Dana noticed that the examination was being conducted in such a manner that
embarrass her. Hence, she filed a motion before the RTC of Cebu to order the
termination of the examination. The RTC of Cebu denied her motion stating that
the motion should have been filed before the RTC of Manila which ordered the
taking of the deposition. Is the RTC of Cebu correct? Why? (5 pts.)
B BBQ Corp. is foreign private corporation doing business in the Philippines. For
its failure to comply with its obligation under the contract with ECQ
Construction, the latter sued it for damages before the RTC of Manila. Since
BBQ Corp. has no resident agent in the Philippines, the summons issued by
the court was served through SEC on May 1. The summons was then
transmitted by SEC to the principal office of BBQ Corp. in Japan and was
received therein on May 28. Since the summons requires the defendant to file
its answer within 90 days from receipt thereof, BBQ Corp. filed its answer on
July 31. Was the answer filed in time? Why? (5 pts.)
III
A Antonio, a resident of Pasay, needed money for the hospitalization of his wife
who contracted the Covid virus. So he asked the help of his friend, Rodrigo, a
resident of Makati and with a successful construction business. They met in the
Pasay branch of Rodrigo’s business wherein the latter willingly lend him an
amount of P400,000.00. However, Antonio failed to pay the loaned amount on
the agreed date despite demands from Rodrigo. Hence, Rodrigo filed an action
for small claims against Antonio before the Metropolitan Trial Court of Makati.
Was the action properly filed? Why? (5 pts.)
B For failure to pay her loan obligation, Ron filed a petition for the foreclosure of
the Real Estate Mortgage executed by Shara over her real property located in
Manila. Upon learning of this, Shara filed an action before the RTC of Manila
for the annulment of the said Real Estate Mortgage contending that she never
executed the same and that her signature appearing thereon was a forgery. In
his answer to Shara’s complaint, Ron sought the dismissal of the action arguing
that the subject mortgage agreement contains a stipulation that any action that
may arise therefrom shall be filed in the proper court in Makati to the exclusion
of all other courts. Should the case be dismissed due to improper venue? Why?
(5 pts.)
IV
A petition for quo warranto was filed against Ernesto for allegedly usurping a public
position. After judgment was rendered by the court but before the same become final
and executory, Kathreen filed a motion to intervene and join the respondent in
defense. In her motion, Kathreen argues that she asks for permission to intervene to
advocate for the rule of law and safeguard the administration of justice in the case.
She claims that her participation in the case would ensure that the constitution would
be upheld so that the court’s ruling would not prejudice similar incidents in the future.
A Was the motion to intervene filed on time? Why? (5 pts.)

B Assuming that the motion was timely filed, may Kathreen be allowed to
intervene? Why? (5 pts.)
Ken rented the house of Ayra in consideration of P50,000.00 a month for a period of
one (1) year. As part of the agreement contained in the lease contract, Ken would
make a security deposit amounting to a month’s rent. Ken was able to pay the rent for
3 months. He, however, failed to pay the rent for the last 9 months which amounted to
a total of P450,000.00. Hence, after the lease contract expired, Ayra filed an action for
unlawful detainer against Ken before the MTC. In the same complaint, Ayra also
prayed for the payment of the P450,000.00 from Ken.
A Was Ayra’s claim for the payment of P450,000.00 properly instituted in the
same complaint for unlawful detainer in the MTC? Why? (5 pts.)
B Assuming that judgment was rendered in favor of Ayra on April 12 and Ken has
not yet filed any appeal therefrom, may Ayra move for the execution of the
judgment on April 20? Why? (5 pts.)
C May Ken file an action before the RTC for specific performance to compel Ayra
to return the security deposit amounting to P50,000.00? Why? (5 pts.)
VI
A A personal action was filed by Park against Kim. After being served with
summons, Kim filed a motion asking for an extension of 30 calendar days within
which to file his answer which the court granted. However, despite the
expiration of the extended period, Kim failed to file his answer. Hence, Park
filed a motion to declare him in default. Upon receipt of said motion, Kim filed
his answer. If you were the judge, will you allow the admission of Kim’s answer?
why? (5 pts.)
B An action was filed by Sunga before the RTC against Bora. However, despite
Bora’s failure to file an answer, the court dismissed the case for lack of
jurisdiction claiming that the same falls within the authority of the HLURB.
Hence, Sunga re-filed the case with the HLURB. Again, no answer was filed by
Bora. However, when HLURB rendered judgment against her, Bora appealed
the same to the Court of Appeals. In said appeal, can Bora raise the issue that
HLURB has no jurisdiction over the subject matter? Why? (5 pts.)

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CIVIL PROCEDURE

I. State whether the statement is TRUE or NOT TRUE. (3 pts. each)

1. In pleading a judgment or decision of a foreign court, it is necessary to set

A Was the motion to intervene filed on time? Why? (5 pts.)

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