Remedial Law — 2016

I. State at least five (5) civil cases that fall under the exclusive original jurisdiction of the Regional Trial Courts (RTCs). (5%)…

II. [a] Briefly explain the procedure on "Interrogatories to Parties" under Rule 25 and state the effect of failure to serve written interrogatories. (2.5%) [b] Briefly explain the procedure on "Admis…

III. What are the contents of a judicial affidavit? (5%)…

IV. Eduardo, a resident of the City of Manila, filed before the Regional Trial Court (R TC) of Manila a complaint for the annulment of a Deed of Real Estate Mortgage he signed in favor of Galaxy Bank …

V. [a] What is the "most important witness" rule pursuant to the 2004 Guidelines of Pretrial and Use of Deposition..;Discovery Measures? Explain. (2.5%) [b] What is the "one day examination of witness…

VI. Pedro and Juan are residents of Barangay Ifurug, Municipality of Dupac, Mountain Province. Pedro owes Juan the amount of P50,000.00. Due to nonpayment, Juan brought his complaint to the Council of…

VII. Spouses Marlon and Edith have three (3) children ages 15, 12 and 7, who are studying at public schools. They have a combined gross monthly income of P30,000.00 and they stay in an apartment in Ma…

VIII. Juan sued Roberto for specific performance. Roberto knew that Juan was going to file the case so he went out of town and temporarily stayed in another city to avoid service of summons. Juan enga…

IX. [a] Is the buyer in the auction sale arising from an extra-judicial foreclosure entitled to a writ of possession even before the expiration of the redemption period? If so, what is the action to b…

X. Hannibal, Donna, Florence and Joel, concerned residents of Laguna de Bay, filed a complaint for mandamus against the Laguna Lake Development Authority, the Department of Environment and Natural Res…

XI. Miguel filed a Complaint for damages against Jose, who denied liability and filed a Motion to Dismiss on the ground of failure to state a cause of action. In an Order received by Jose on January 5…

XII. Tailors Toto, Nelson and Yenyen filed a special civil action for certiorari under Rule 65 from an adverse decision of the National Labor Relations Commission (NLRC) on the complaint for illegal d…

XIII. The officers of "Ang Kapaligiran ay Alagaan, Inc." engaged your services to file an action against ABC Mining Corporation which is engaged in mining operations in Sta. Cruz, Marinduque. ABC used…

XIV. Pedro, the principal witness in a criminal case, testified and completed his testimony on direct examination in 2015. Due to several postponements by the accused, grounded on his recurring illnes…

XV. Chika sued Gringo, a Venezuelan, for a sum of money. The Metropolitan Trial Court of Manila (MeTC) rendered a decision ordering Gringo to pay Chika P50,000.00 plus legal interest. During its pende…

XVI. Under Section 5, Rule 113 a warrantless arrest is allowed when an offense has just been committed and the peace officer has probable cause to believe, based on his personal knowledge of facts or …

XVII. The information against Roger Alindogan for the crime of acts of lasciviousness under Article 336 of the Revised Penal Code avers: "That on or about 10:30 o'clock in the evening of February 1, 2…

XVIII. John filed a petition for declaration of nullity of his marriage to Anne on the ground of psychological incapacity under Article 36 of the Family Code. He obtained a copy of the confidential ps…

XIX. Tristan filed a suit with the RTC of Pasay against Arthur King and/or Estate of Arthur King for reconveyance of a lot declared in the name of Arthur King under TCT No. 1234. The complaint alleged…

XX. Royal Bank (Royal) filed a complaint for a sum of money against Ervin and Jude before the RTC of Manila. The initiatory pleading averred that on February 14, 2010, Ervin obtained a loan from Royal…