MID-TERM EXAMINATION IN REMEDIAL LAW REVIEW I

1. X appeared provisionally for the defendant in the case of plaintiff v. defendant,

because defendant’s counsel of record was absent during the scheduled hearing.
Defendant’s counsel on record did not withdraw from the case. Notice of the
judgment of the court was not sent to Y, counsel on record of defendant, but to
lawyer X. Is the notice binding upon defendant? Explain your answer. (7 pts.)

What is meant by filing a pleading? (3 pts.)

2. X filed an action against M to recover possession of a parcel of land located in

Batac City. After due trial, the court rendered judgment in favor of X, declaring
him entitled to the possession of the property, subject of the action.
Subsequently, M instituted an action against X for the recovery of ownership
involving the same property subject of the action between the parties. X, upon
being served with summons, filed a motion to dismiss the action on the ground of
bar by former judgment or res judicata. Rule on the motion. (7 pts.)
State the concept of bar by former judgment. (3 pts.)

3. As the lawyer for the defendant you failed to file an answer to plaintiff’s
complaint because your secretary misplaced the summons. As a result, you failed
to file the requisite answer and your client was accordingly declared in default by
the court. In such case, what steps would you take to obtain relief from such
defult? How about if the court denies your chosen relief?
In the event that the court had already rendered judgment by default against
the defendant, what would be your remedy? (10 pts.)

4. X instituted an action against D for quieting of title of a parcel of land located in

Laoag City, plus damages amounting to Php 100,000.00. After X completed the
presentation of his evidence, D without waiving his right to present his evidence in
the event the court denies his motion, moved for the dismissal of the action on
ground of the insufficiency of plaintiff’s evidence. He contends that X has shown
no right to the relief prayed for. The court granted the motion. As lawyer for X,
what procedural step would you undertake under the circumstances to protect
the interest of your client? Suppose the court denies D’s motion to dismiss the
complaint on ground of insufficiency of evidence. What is your remedy? Suppose
the appellate court reverses the action undertaken by the trial court in granting
D’s motion to dismiss on ground of insufficiency of plaintiff’s evidence? (10pts)

5. X filed an action against M for recovery of ownership over a parcel of land,

including damages in the amount of PhP 100,000.00. After the summons and a
copy of the complaint were served upon the defendant, the plaintiff filed a
summary judgment base on affidavits. After due hearing on the motion, the court
granted the same. If you are the lawyer for the defendant, what step would you
undertake under the circumstances to protect your client? (7 pts)
Define summary judgment and state its purpose? (3 pts.)

6. The parties to an action filed a written stipulation to the effect that they both
agree to dispense with the trial on the merits and the presentation of evidence;
they moved for judgment. The court rendered the corresponding judgment
approving the agreement of the parties. Subsequently, the defendant realized
that the judgment rendered by the court was prejudicial to his interest.
Accordingly, he filed a motion to set aside the judgment on ground that it is not
supported by evidence. Rule on the motion. (7pts.)
State the concept of trial on the merits. (3pts.)

7. P instituted an action against D with the court to recover PHP120,000.00, based

on a promissory note already due and demandable. After summons was served
upon D and before he filed his answer, D filed a motion to have P mentally
examined, alleging that the plaintiff was crazy in instituting the action against him.
If you are the judge, what justification would you advance in support of your
granting the motion of D. (6 pts.)
Distinguish commission from a letters rogatory. (4pts.)

8. Defendant, in his answer to the complaint, states the following: “Defendant

denies each and every allegation in the complaint.” He therefore, prays that the
complaint be dismissed with costs. If you are the lawyer for the plaintiff, what
procedural step will you take in behalf of your client? (7 pts.)
 In what action or actions is a judgment of the pleadings, or a judgment
based on stipulations of facts or confession of judgment not applicable or
obtainable? (3pts)

9. M instituted an action to recover ownership and possession of a car alleged to

be detained by the latter. The answer of X was ownership and right to possession.
After trial, the court rendered judgment for the plaintiff ordering the defendant to
deliver the car to M. X did not appeal from the judgment. One year after the
judgment had been executed, M instituted against X another action to recover
from the latter damages which, it was alleged, were sustained by him for reason
of the detention of the same car by X. Could the second action for damages
prosper? Reasons. (8 pts)
a. What is a cause of action? (2 pts.)

10. X instituted an action against S to recover ownership over a parcel of land

situated in Paoay, Ilocos Norte. S is the son of D who previously purchased the
land from X. The deed of sale was attached as Annex “A” and made an integral
part of the complaint. S filed his answer alleging his various defenses but failed to
verify his pleading under oath. X then filed a motion for judgment on the
pleadings on the ground that since S failed to verify under oath his answer, he is
deemed to have admitted the genuineness and due execution of the document,
basis of the action. Rule on the motion. (8 pts.)
a. What is meant by verification in a pleading. (2 pts.)

end----end----end---end