Question 1 o I 2 pts

FG and MG are spouses. X tiled a case against MG for sum of money ("First Case"). FG was impleaded
as a defendant. For failing to file their Answer, X obtained a j udgment by default against FG and MG.
Execution was issued and levied on a certificate of public convenience ("CPC") in MG's name, for t he
operation of transportation units in Manila. At the auction, H emerged as highest bidder and the Manila
Sheriff issued a Certificate of Sale in H's favor. Later, MG tiled a civil case against H, his wife, W, and
t he Manila Sheriff for annulment of the execution on the ground that the CPC is not a property that
may not be t he subject of execution ("Second Case"). FG was later joined as a plaintiff. The complaint
was dismissed and t he RTC upheld the execution sale to be valid. FG, on his own, in his capacity as
administrator of t he conjugal properties with MG, tiled an action assailing the validity of the levy of the
CPC on the ground that he did not give his marital consent to the sale and t hus, the sale cannot be
valid without his consent ("Third Case"). Which among t he following statements is/are correct?

None of the above

Second and Third Case

Correct Answer The third case should be dismissed o n the ground o f splitting of a single cause of action both sough the annulment
of the execution sale

MG Is an Indispensable party in the third case that should have been Joined as a plaintiff

You Answered
The court was incorrect in the first case. because after order of default, the court cannot immediately
render judgment, i t must first o rder the reception o f evidence ex parte. delegated t o the clerk of court
before making a ruling

X should have been impleaded in the Second Case for being an indispensable party

The ruling in the second case is incorrect because a CPC, not being a property, cannot be subject of
execution
 Question 2 O I 2 pts

X, t hrough counsel, and upon advise of counsel, filed an action for recovery of real property against Y
despite knowing t he action to be prescribed. In his Answer, Y attached a demand letter previously sent
to him by X and counsel, demanding t hat Y instead honor his natural obl igation to return the property,
which acknowledged that X and counsel knew that the action had already prescribed. The court
ordered X and counsel to be liable for Phpl0,000.00 as penalty to be paid the court, and attorney's
fees in favor o f Y for the filing of Answer, on t he ground that X and counsel, who both signed the
Complaint, violated t he rules for knowingly filing a baseless complaint. Which among the foll owing
statements is/are correct ?

You Answered The sanctions should only be imposed o n counsel and the law firm o f t he counsel

None of the above

Correct Answer Attorney's fees cannot be granted to Y as Y did not file a motion claiming such violation o f rules

There cannot be a penalty payable to the court

Question 3 o I 2 pts

LO, t he landowner, filed a complaint for forcible entry against S, w ho allegedly unlawfully took
possession of LO's property and ousted LO from possession thereof. In t he Complaint, LO alleged in
paragraph 3 t hereof, t hat S unlawfully possessed by stealth his property, which was Bounded on the
North, by Z's Property; on the East by Y's Property; on the Sout h by X's Property; on t he West by V's
Property, and that S refused to vacate the same despite the matter being brought before the Barangay
Conciliation, and that during the Barangay Conciliation, S had the audacity to also complain against LO
for repeatedly trying to oust S from the premises. S, in his Answer, alleged that S was admitting
paragraph 3 of the Complaint, insofar as t he fact that S complained w ith the Barangay Chairman
regarding LO's repeat ed attempts to grab possession of the property mentioned therein. After filing his
Answer, S moved t o dismiss the Complaint for failing to state a cause of action, on the ground that LO
 Question 3 01 2 pts

LO, t he landowner, filed a complaint for forcible entry against S, w ho allegedly unlawfully took
possession of LO's property and ousted LO from possession thereof. In the Complaint , LO alleged in
paragraph 3 thereof, t hat S unlawfully possessed by st ealth his property, which was Bounded on the
Nort h, by Z's Property; on the East by Y's Property; on the South by X's Property; on the West by V's
Property, and that S refused to vacate the same despite the matter being brought before the Barangay
Conciliation, and that during t he Barangay Conciliation, S had t he audacity t o also complain against LO
for repeatedly trying to oust S from the premises. S, in his Answer, alleged that S was admitting
paragraph 3 of the Complaint, insofar as the fact that S complained w ith the Barangay Chairman
regarding LO's repeated attempts t o grab possession of the property mentioned therein. After filing his
Answer, S moved t o dismiss the Complaint for failing to state a cause of action, on the ground that LO
did not sufficient ly allege the property with particularity. The court granted the Motion to Dismiss.
W hich among the following statements is/are correct?

You Answered
The court may motu proprio d ismiss the complaint for failure to state a cause o f action in this case, and
disregard the Motion to Dismiss, which is a prohibited motion

In summary procedure. a court may only dismiss the complaint on the ground of lack of cause of action and
failure to comply with condition precedent

Correct!
S cannot question the identity of the property due to his admission in the Answer

None of the above

Correct Answer The court should have directed the submission o f position papers, rather than dismissi ng the Complaint
 Question 4 o I 2 pts

X was unlawfully detained beyond t he period provided under Article 125 of the Revised Penal Code. X,
t hrough counsel, tiled a Petition for Habeas Corpus and Certiorari under Rule 65, joined in one case.
There cannot be joinder of causes of action since the Petition involves a special civil action

You Answered
True

Correct Answer
False Special Civil Action can be joined with Special Civil Actions
But Ordinary Civil Action cannot be joied with Special Civil Action

Question 5 2 I 2 pts

The quashal of subpoena duces t ecum may be done by the court on motion or motu proprio, at or
before the time specified therein if it is unreasonable and oppressive, or the relevancy of t he books,
documents or things does not appear, or if the person in whose behalf the subpoena is issued fails to
advance the reasonable cost o f the production t hereof

True

Correct!
False

Question 6 o I 2 pts
 Question 6 o I 2 pts

A motion for reconsideration assailing the dismissal of t he case for failure to state a cause of action, a
ground was alleged in the Answer as an affirmative defense, is a prohibited motion

You Answered
True

Correct Answer MR was directed at the dismissal of the case not on the "action of the court on the affirmative defense."
False
(Rule 15, Sec. 12(c))

Question 7 012 pts

Which among the following statement/s is/are incorrect ?

None of the above

Correct!
All counterclaims not alleged in the Answer are forever barred False. Omitted Counterclaim in Rule 11

~ - - -1
Correct Answer False now, because of
The judicial affidavits should be filed and served 5 days before the pre-trial
Amendment to the ROC

Correct!
The court annexed mediation is done in court by a judge of the court where the case is pending

Question 8 o I 2 pts

Which among the following statement/s is/are correct?

 Question 8 o I 2 pts

Which among the following statement/s is/are correct?

You Answered
At any time during the taking o f the deposition, on motion or motu proprio, and upon showing that the
examination is being conducted In bad faith, the court in which the action is pending or the RTC of the
place where the deposition is being taken may order t he officer conducting the examination to cease from
taking the deposition

The court. In an action for damages arising from quasi-delict against the owner of the common carrier that
hit and injured plaintiff, may motu proprio order the plaintiff to submit to physical examination by a
physician

None of the above

Correct Answer
If party fails to make a request for admission on the genuineness of a document by means of a mode of
discovery after filing his answer. he may still request for such admission during the pre-trial

The court may motu proprio order an order of default

Question 9 0 / 2 pts

Which among the following statement/s is/are incorrect ?

None of the above

Correct!
If the parties stipulate in writing, deposition may be taken by the plaintiffs first cousin, w hich is an exception
 Question 9 O I 2 pts

Which among the following statement/s is/are incorrect ?

None of the above

Correct!
If the parties stipulate in writing, deposition may be taken by the plaintiffs first cousin, which is an exception
to the disqualification by interest of the deposition officer since the deposition o fficer was chosen by
agreement of the parties

Correct!
On September 10, 15 and 20, 20 20, sheriff attempted to serve summons on Plaintiff, w ho was never home
on said dates. Plaintiff may already avail o f substituted service o f summons

Correct Answer
W here summons is improperly served, a motion filed by special appearance of the defendant, through
counsel, assailing the valid ity o f service of summo ns is a prohibited motion
Not a prohibited motion
But a motion for special appearance
instead vests the court with jurisdiction
over the person of the defendent
despite improper summins

Question 10 2 / 2 pts

Which among the following statement/s is/are correct?

An omitted counterclaim not pleaded In t he Answer due to excusable neglect may be remedied by a
supplemental counterclaim before judgment

Correct!
A motion for reconsideration, petition certiorari, petition for prohibition and petition fo r mandamus assailing
 Question 10 2 / 2 pts

Which among the following statement/s is/are correct?

An omitted counterclaim not pleaded in the Answer due to excusable neglect may be remedied by a
supplemental counterclaim before judgment Incorrect - By amendment before judgment

Correct!
A motion for reconsideration, petition certiorari, petition for prohibition and petition for mandamus assailing
the order granting a bill of particulars are not prohibited WHY???

None of the above

A negative pregnant allegation in the Answer may be stricken out of the Answer upon motion of the
Defendant for being false There is no rule that mentions this

Question 11 2 / 2 pts

Defendant, in an action for sum o f money, died before j udgment was rendered in favor of plaintiff.
Defendant need not be substituted as succession, by operation of law, transfers Defendant's properties
to the heirs. The heirs w ill be bound by the judgment as successors-in-int erest, and what is only
mandatory is for the counsel of defendant to give notice of Defendant's death

True The heirs can be substituted according to Rule 3, Sec. 16. An Administrator or Executor is
also required to represent the Estate of the Deceased

Correct! To properly settle the property of the Deceased Defendant

False
 Question 12 o I 2 pts

A, B, C and Dare co-owners of a parcel of land in the Philippines. D is a resident of t he United States.
A, Band C filed an action for judicial partition of the co-owned property. After judgment was rendered
in t he case, C appealed the j udgment with respect to the order of partition, not satisfied w ith the
portion of the property allocated to him. D learned of t he appeal and j udgment, and consulted you as
his counsel. W hat w il l you advise him?

D cannot appeal for not being a party to the case

Indispensable parties can be joined even

Correct Answer on appeal because without them, no final
D's remedy is to file m otion to intervene in the appeal level. determination can be had

Furthermore, the effect of a judgment

You Answered
[ None o f the above without an indispensable party is VOID
l
D can bring a separate original action for partition. and implead A. Band C as unwilling defendants

D. as co-owner. and by principle of delectus personae shall be bound by the judgment. unless he appeals.

Question 13 O I 2 pts

Defendant X, is unable to serve his Answer on Atty. Z, who was also the plaintiff in t he case who
represented himself, because Z transferred office and the office in t he address was al ready vacant.
Defendant X attempted to serve the Answer on 3 separate occasions in 3 different dates. Defendant
may ask t he court to issue an order for service of the Answer on Defendant by elect ronic mail

Correct Answer
True

You Answered
False
 Question 14 2 / 2 pts

X filed an action for sum of money against Y, who could not be served summons despite numerous
repeat ed attempts to return to the residential address, because he can no longer be found in his old
residence for having moved out, and X cannot locate Y's new resid ence despite seeking t he assistance
of police, Ratty Tulfo, keyboard warriors, other government agencies, and all common friends and
acquaintances. Which among the following is/are the remedies of Y?

You Answered
X must first convert the action to a quasi in rem by asking the issuance of a writ of preliminary attachmenl
before he may seek service of summons by publication coupled with service by registered mail in Y's last
known address

You Answered X must seek first for issuance of alias summons since there was failure of service of summons

X may serve summons on Y's secretary in Y's office

You Answered X must move for the archive of the case until he can locate Y and serve summons on Y

None of the above

You Answered
X may serve summons by electronic mail on Y

X may ser ve summons through t he clerk of court after showing proof o f inability to serve summons
personally and by registered mail

Question 15 2 / 2 pts
 Question 15 2 I 2 pts

There may be j urisdiction over the person of a defendant minor by serving summons personally on the
defendant, if t he court does not issue an order appointing defendant minor's parents as guardian ad
litem

True

Correct! Minor must be assisted by father, mother, or guardian, or if he has none, by a guardian ad litem
False Furthermore, summons must be served on a person of legal age and discretion, otherwise, it
is defective summons

Question 16 o I 2 pts

Z transacted once w ith FC, a foreign corporation duly registered with the Securities and Exchange
Commission, w ithout an appointed resident agent. For breach of contract, Z filed an action for damages
against FC, which may only be served summons through the government official designated by law to
that effect, or on any of FC's officers, agents or directors w ithin the Philippines, since FC has no
resident agent appointed in t he Philippines

You Answered
True

Correct Answer
False

Question 17 0 / 2 pts
 Question 17 o I 2 pts

X Insurance Inc. filed a Complaint w ith RTC Makati against Z, claiming Z owed it Php414,000.00,
representing unliquidated cash advances, unremitted costs of premiums, and ot her charges incurred by
Z in the course of her work as X Insurance lnc:s insurance agent, with prayer for exemplary damages,
attorney's fees, and costs o f suit In her Answer, Z asserted, by way of counterclaim, her right to the
payment of unpaid commissions in t he amount of PhpS00,000.00, Php200,000.00 moral damages for
t he unfounded complaint causing her to suffer sleepless nights, and litigation expenses. Which among
t he following statement/sis correct?

The court has jurisdiction over Z's claim for unpaid commission but bereft of jurisdiction over the claim tor
moral damages

You Answered
There should be docket and filing tees paid for all counterclaims of Z

Correct Answer None of the above

l
You Answered
Z's counterclaims are permissive counterclaims.

Question 18 0 / 2 pts

On October 1, 2020, A, resident of Quezon City, filed an action against B for collection of sum o f
money arising from a loan in t he amount of Php1 M il lion obtained by B from A on March 1, 2019, which
was payable on March 1, 2020. A also prayed for legal interest. The case was filed in RTC Bulacan. B is
a resident of Makati. The loan contract provided that in case of breach thereof, the action shall be fi led
in Bulacan. As counsel for B, you w ill:

I Correct Answer
File an Affirmative Defense for failure to state a cause of action and allege that legal interest cannot apply
 Question 18 o I 2 pts

On October 1, 2020, A, resident of Quezon City, filed an action against B for collection of sum of
money arising from a loan in the amount of Php1Million obtained by B from A on March 1, 2019, which
was payable on March 1, 2020. A also prayed for legal interest. The case was filed in RTC Bulacan. B is
a resident of Makati. The loan contract provided that in case of breach thereof, the action shall be filed
in Bulacan. As counsel for B, you will :

Correct Answer

File an Affirmative Defense for failure to state a cause of action and allege that legal interest cannot apply

File an Answer with Affirmative Defense for improper venue and failure to state a cause of action

Move for bill of particulars to clarify determine when default set in to compute the legal interest

No answer text provided.

None of the above

You Answered
Move to dismiss the complaint for failure to state a cause of action

Question 19 0 / 2 pts

X filed an action against Z Corporation, the developer and owner of Kilikili Subdivision, and the
individual lot owners, who were not individually named but collectively referred to as t he individual lot
owners of Kilikili Subdivision, for quieting of title, claiming that the property covered by said
subdivision actually belonged to X who was in open continuous and notorious possession of the entire
area in the concept of an owner, before World War II and for more than 30 years. By leave of court,
summons was served by publication. Not all the defendants subdivision lot owners filed an Answer
within t he time to do so. X moved to declare said defendants in default. Because of t he partial default ,
t he court rendered a partial judgment by default against the defaulting defendants, and heard the case
insofar as those that filed their Answer. Which among the following statement/s is correct?
 Question 19 012 pts

X filed an action against Z Corporation, the developer and owner of Kilikili Subdivision, and the
individual lot owners, who were not individually named but collectively referred to as t he individual lot
owners of Kilikili Subdivision, for quieting of title, claiming that the property covered by said
subdivision act ually belonged to X who was in open continuous and notorious possession of the entire
area in the concept of an owner, before World War 11 and for more than 30 years. By leave of court,
summons was served by publication. Not all the defendants subdivision lot owners filed an Answer
within t he time to do so. X moved to declare said defendants in default. Because of the partial default ,
t he court rendered a partial judgment by default against the defaulting defendants, and heard the case
insofar as those that filed their Answer. Which among the following statement/s is correct?

Correct Answer
The court cannot declare the defendants who did not file an Answer in default

The court was incorrect In allowing service of summons by publication since the individual residences of the
defendants lot owners could be known by their addresses in the subdivision

None of the above

You Answered
The court should have rendered a partial judgment against t he defendants who d id not file an Answer. and
then directed presentation of evidence ex parte for the rest of the case

You Answered
The court is correct in i ts orders and rulings

Question 20 o I 2 pts

X filPrl ;:m rlrtinn for rlrtmr12Ps r1er1inst Y. ;m insrtnP nPr<inn. who vrinrlrlli7Prl X's nrnnPrtv. Summons wrtc::.
 Question 20 o I 2 pts

X tiled an action for damages against Y, an insane person, who vandalized X's property. Summons was
properly served on Y and his legal guardian. Because it is a prohibited motion, Y cannot move to dismiss
for lack of legal capacity to be a party to the case, for being an incomepetent, but Y may allege t he
same ground for dismissal as an affirmative defense in the Answer

You Answered
True

Correct Answer False Only Prescription is an affirmative defense that is also a Motion to Dismiss.

Question 21 O I 2 pts

Once judgment is rendered by the small claims court, the losing party has no other remedy, since the
decision is immediately final and executory. This is a feature of small claims procedu re which makes the
procedure faster and favorable to t he party entitled to relief. The j udgment is unappealable and a
motion for reconsideration and petition for certiorari are prohibited pleadings

You Answered
True

Petition for Certiorari is not prohibited

Correct Answer Only petition for Certiorari, Prohibition, and Mandamus aagainst an Interlocutory Order
False
In this case, it is an Final Judgment/Order and not interlocuty, hence, Certiorari is NOT
Prohibited

Question 22 o I 2 pts
 Question 22 o I 2 pts

X, resident of Pasig City, filed an action for sum of money in the amount o f Php400,000.00, against Y
with the RTC of Pasig. In his Answer, Y alleged as affirmative defenses that the court had no j urisdiction
over the subject matter, and the agreement was unenforceable for not being in writing. After setting
t he case for summary hearing on the affirmative defenses, the court dismissed the complaint for lack of
jurisdiction. X t hen re-filed the case w ith the MTC of Pasig. Before the Answer could be filed, X filed a
Notice of Dismissal since she would be leaving the count ry and would be unable to continue
prosecuting t he case, which the court granted, dismissing the case w ithout prejudice. W hich among the
following stat ement/s is/are correct ?

Correct Answer The MTC's dismissal w ithout prejudice is correct

A notice of dismissal is prohibited in small claims: it was Incorrect for the MTC to grant the Notice of
dismissal

Hearings on aflirmative defenses should not have been done. for being prohibited under Rule 15

None of the above

Correct Answer
The summary heari ng for the affirmative defense is not proper for the ground of lack of jurisdiction over the
subject matter

You Answered The d ismissal by the MTC should be with prejudice, pursuant to the 2-dismissal rule

Question 23 o I 2 pts
 Question 23 012 pts

X ti led an action for sum of money for unpaid rentals and damages against Y, in the amount o f
Phpl,000,000.00, attaching to the complaint copies of t he Lease Agreement and X's numerous demand
letters received by Y. The action was tiled w ith the RTC o f Makati, w here the lot subject o f the lease
was situated, and where Y was current ly residing. In his unverified Answer, Y alleged that regardless o f
t he amount of unpaid rentals involved, the action should have been tiled with the MTC of Makati,
having exclusive original j urisdiction over t he case. The court, after the ti ling of the A nswer, rendered a
judgment on t he pleadings in favor o f X. W hich among t he following statement/s is correct?

None of the above

Correct Answer The co urt was correct in rendering judgment in favor o f plaintiff

The court had no basis to render judgment since the court should have waited for X's Reply to the Answer

The court should have waited after the pre-trial to render such judgment, pursuant to Rule 18. and should
have first set the case for pre-trial

The court should have rendered a Judgment dismissing the case. even if it is motu proprio. for lack of
jurisdiction over the subject matter

You Answered
The Answer in this case need not be verified, as i t is only mandatory in summary procedure and when
required by the rules. which do not apply here. The case should have been filed w ith the M TC, and since it
is not yet pen ding in the M TC, t he Answer need not be verified
 Question 24 0 / 2 pts

The effect of failure of defendant to attend the pre-trial has exactly the same effects as defendant's
being declared in default for failure to tile an Answer - the court will render judgment by default or
direct the presentation of evidence ex parte.

You Answered
True

Correct Answer
False

Question 25 o I 2 pts

The following are actions capable of pecuniary estimation, except:

None of the above

An action for partition involving a parcel of land located In Tagbllaran. Bohol

An action for foreclosure of a real estate mortgage over a parcel of land located in Cebu City

Correct Answer
A complaint for sum of money and damages seeking the refund of P48.900 under a contract which specifies
that in case the plaintiff successfully completes the construction and painting of his house on the subject lot
SPecific Performance sold to him by the defendant wi thin a period of 2 years. he shall be entitled to a refund of P48.900

You Answered
An action for specific performance filed by plaintiff to compel the defendant to execute a deed of
conveyance covering a parcel of land situated in Quezon Ci ty
 Question 26 o I 2 pts

In the following instances, parties may go directly to the court without the need of prior barangay
conciliation:

Correct Answer
An action between Carlo and Jacob, both residents of Manila although residing in different barangays, where
Carlo additionally seeks to apply for a writ of replevin

Correct!
Genevieve, a resident of Pasig City, wants to file an action for damages against Charlotte, who resides in
Quezon City but works at a bakeshop beside Genevieve's residence

None of the above

In all ejectment cases

Question 27 o I 2 pts

For A's failure to pay the amount of P250,000.00 loan evidenced by a promissory note, B filed an action
with the MeTC of Paranaque City to collect the said sum with an alternative relief praying for t he
foreclosure upon a chattel mortgage over A's car worth P450,000.00 executed by A in his favor. A filed
a motion to dismiss on the ground o f lack of jurisdiction. The motion to dismiss:

You Answered
[ None of the above
l
Must be denied because a motion to dismiss is a prohibited pleading under the amended rules of civil
procedure
 Question 27 0 / 2 pts

For A's fail ure to pay the amount of P250,000.00 loan evidenced by a promissory note, B filed an action
with the MeTC of Paraiiaque City to collect the said sum with an alternative relief praying for the
foreclosure upon a chattel mortgage over A's car worth P450,000.00 executed by A in his favor. A filed
a motion to dismiss on the ground of lack o f j urisdiction. The motion to dismiss:

You Answered
[ None of t he above
l
Must be denied because a motion to dismiss is a prohibited pleading under the amended rules of civil
procedure

Correct Answer
Must be granted because it is t he RTC which has jurisdiction over the complaint as it is prays for the
foreclosure of a chattel in t he amount exceeding P400,000.00

Must be denied because the amount of P250.000.00 is within the jurisdiction of the MeTC under B.P. Big.
129. as amended

Question 28 2 / 2 pts

An action for injunction seeking to enjoin t he Bases Conversion and Development Authority from
demolishing the remaining structures in JUSMAG area in Fort Bonifacio, Taguig, filed directly w ith t he
Supreme Court:

Has been flied properly considering that the SC exercises exclusive jurisdiction over t he instant case
 Question 28 2 / 2 pts

An action for injunction seeking to enjoin the Bases Conversion and Development A uthority from
demolishing the remaining structures in JUSMAG area in Fort Bonifacio, Taguig, filed directly w ith t he
Supreme Court:

Correct! Has been filed properly considering that the SC exercises exclusive jurisdiction over the instant case

Violates the principle of hierarchy of courts but under exceptional and compelling circumstances stated In
the petition, the Supreme Court may still give due course to the action

Violates the principle of hierarchy of courts and may be dismissed

None of the above

Has been filed properly considering that the RTC, CA, and SC exercise concurrent Jurisdiction over the
instant case

Question 29 2 / 2 pts

The redress or other measure which a plaintiff prays the court to order or adj udicate in his f avor is
commonly referred to as:

Correct! Relief

None of the above

 Question 29 2 / 2 pts

The redress or other measure which a plaintiff prays the court t o o rder or adjudicate in his favor is
commonly referred t o as:

Correct!
Relief

None of the above

Remedy

Cause of action

Right of action

Question 30 2 / 2 pts

The proper remedy of a defendant whose affirmative defenses have been denied by t he court is to:

FIie a petition for certiorari with motion tor issuance of a temporary restraining order

None of the above

Correct!
Proceed with the hearing of the case on its meri ts and raise the affirmative defenses o n appeal after
judgment

File a motion tor reconsideration tor such denial, and should lhe court affirm its earlier order, file an appeal
from lhe order denying the motion for reconsideration
 Question 33 2 I 2 pts

The non -payment o f docket fees for a money claim in a proceeding for settlement of estate of a
deceased is a ground for dismissal of such claim

True

Correct!
False

Question 34 2 / 2 pts

Spouses who do not meet the salary and property requirements under the Rules of Court may still sue
as indigents litigant s provided that they can prove that they have no money or property sufficient tor
t heir basic necessities

Correct!
True

False

Question 35 2 I 2 pts

Relatives o f passengers who died from an airplane crash may file for themselves and in behalf ot the
relatives of all those w ho perished in the mishap a class suit tor damages
 Question 35 2 / 2 pts

Relatives of passengers who died from an airplane crash may file for themselves and in behalf of the
relatives of all those who perished in the mishap a class suit for damages

True

Correct!
False

Question 36 2 / 2 pts

The pleadings allowed under the Rule of Summary Procedure are the complaint, compulsory
counterclaim, cross-claim and the answers thereto.

Correct!
True

False

Question 37 2 / 2 pts

A party can be declared in default for failing to answer a compulsory counterclaim

True
 Question 37 2 / 2 pts

A party can be declared in default for failing to answer a compulsory counterclaim

True

Correct!
False

Question 38 2 / 2 pts

A party who is unable to sign the certification against forum shopping may, under special
circumstances, execute a Special Power of Attorney d esignating his counsel of record to sign t he
certification on his or her behalf

Correct!
True

False

Question 39 2 / 2 pts

If a plaintiff wishes to interpose any claims arising out of the new mattes alleged in the defendant's
answer, he must file a reply and set forth his claims therein

T r11P
 Question 39 2 / 2 pts

If a plaintiff wishes to interpose any claims ar ising out of t he new mattes alleged in the defendant's
answer, he must file a reply and set forth his claims therein

True

Correct!
False

Question 40 2 / 2 pts

Within thirty calendar days from issuance of summons by the clerk of court and receipt t hereof, t he
sheriff or process server shall complete its service. A copy of t he ret urn must be filed w ith the court ten
calendar days f rom service of summons

True

Correct!
False

Question 41 8 I 10 pts

Rosemarie, a businesswoman in the business of exporting abaca fiber and other Filipino-made textiles,
filed t he following civil suits:

First is a complaint for annulment of contract against loan lenders Corporation and Hilary before t he
Question 41 8 / 10 pts

Rosemarie, a businesswoman in the business of exporting abaca fiber and other Filipino-made textiles,
filed the following civil suits:

First is a complaint for annulment of contract against Loan Lenders Corporation and Hilary before the
Regional Trial Court of Quezon City, alleging that the corporation has induced her to sign several
Promissory Notes which contained stipulations for interest which are unconscionable. In these
Promissory Notes, the corporation has surreptitiously included a provision imposing an interest of 2.5%
for each day that Rosemarie fails to settle the amount of her loan. Hilary was impleaded considering
t hat it was her who acted as the bridge between t he corporation and Rosemarie thus, she was
instrumental in t he fruition of the challenged cont racts.

Second is another annulment of contract this time against ABC Financing Corporation and Hilary
before the Regional Trial Court of Makati. In her statement of facts, Rosemarie narrated that the
Promissory Note pertaining to ABC Financing Corporation was inserted in the voluminous documents
and Promissory Notes prepared by Loan Lenders Corporation and Hilary, and that she failed to notice
t he same before affixing her signature to the Promissory Note in favor of ABC Financing. Rosemarie
noted that she never intended to enter into a contract with ABC Financing and that she was only
negotiating with Loan Lenders and Hilary for t he loan.

Hilary's counsel filed a Motion to Dismiss on the ground that Rosemarie has committed willful and
deliberate forum shopping when she instituted t he second case before the RTC of Makati. According to
t he counsel, litis pendencia is present in this situation considering t hat there is already a pending case
before the RTC of Quezon City regarding the loan acquired by Rosemarie against Loan Lenders - an
issue which is intimately connect ed with t he present suit in Makati, and t hat she was being harassed by
Rosemarie by filing multiple suits against her in different venues.

a. What is forum Shopping?

b. What is a certification against forum shopping?

c. Is Hilary's counsel correct in claiming that Rosemarie has committed forum shopping when she filed
the subsequent suit for annulment of contract before the RTC of Makati? Explain fully.
Question 42 5 I 10 pts

Nicole was the City Treasurer of Baguio City. On separate dates, the Commission on Audit filed two
administrative complaints against Nicole for dishonesty and grave misconduct. The COA alleged that
respondent incurred shortages in her accountabilities for two separate periods. The Office of the
Deputy Ombudsman for Luzon eventually found respondent liable for grave misconduct and she was
dismissed from service.

Via a petition for review on certiorari under Rule 43 with a motion for t he issuance of a writ of
preliminary injunction, respondent assailed the decision of the Office of t he Ombudsman. Her prayer
for the issuance of a writ of preliminary injunction was granted.

Since it was not impleaded by t he respondent in the aforementioned petition for review, the Office of
t he Ombudsman filed a motion for int ervention and to admit its attached motion to recall the writ of
preliminary injunction. The CA however, denied the motion for intervention reasoning that t he Office of
t he Ombudsman has no legal interest in the matter subject of litigation .

a. What is the nature of an intervention?

b. What are the requisites for an intervention to prosper?

c. May the Ombudsman properly intervene in this instant case? Explain fully