Remedial Law Review 1 QUIZ Septembe

Explain briefly your answer. Submit on September 14, 2019.

(A) What is a summons?

(B) What is the purpose of summons in relation to actions
in personam, and in rem or quasi in rem?

II

The plaintiff, a Manila resident, sued the defendant, a

resident of Malolos, Bulacan, in the RTC-Manila for a sum of
money. When the sheriff tried to serve the summons with a copy of
the complaint on the defendant at this Bulacan residence, the
sheriff was told that the defendant had gone to Manila for business
and would not be back until the evening of that day. So, the sheriff
served the summons, together with a copy of the complaint, on the
defendant‘s 18-year-old daughter, who was a college student. For
the defendant‘s failure to answer the complaint within the
reglementary period, the trial court, on motion of the plaintiff,
declared the defendant in default. A month later, the trial court
rendered judgment holding the defendant liable for the entire
amount p[rayed for in the complaint. After the judgment had
become final, a writ of execution was issued by the court. As the
writ was returned unsatisfied, the plaintiff filed a motion for an
order requiring the defendant to appear before it and to be
examined regarding his property and income. How should the
court resolve the motion?

III

Summons was issued by the MM Regional Trial Court and

actually received on time by the defendant from his wife at their
residence. The sheriff‘s return of proof of service filed with the
court in sum states that the summons, with attached copy of the
complaints, was served on defendant at his residence thru his wife,
a person of suitable age and discretion then residing therein.
Defendant moved to dismiss on the ground that the court had no
jurisdiction over his person as there was no valid service of
summons on him because the sheriff‘s return on proof of service
did not show that the sheriff first made a genuine attempt to serve
the summons on defendant personally before serving it thru his
wife. Is the motion to dismiss meritorious? What is the purpose of
summons and by whom may it be served? Explain.
IV
Tina Guerrero filed with the Regional Trial Court of Biñan,
Laguna, a complaint for sum of money amounting to P1 million
against Carlos Corro. The complaint alleges, among others, that
Carlos borrowed from Tina the said amount as evidenced by a
promissory note signed by Carlos and his wife, jointly and
severally. Carlos was served with summons which was received
by Linda, his secretary. However, Carlos failed to file an answer to
the complaint within the 15-day reglementary period. Hence, Tina
filed with the court a motion to declare Carlos in default and to
allow her to present evidence ex parte. Five days thereafter, Carlos
filed his verified answer to the complaint, denying under oath the
genuineness and due execution of the promissory note and
contending that he has fully paid his loan with interest at 12% per
annum.
(a) Was the summons validly served on Carlos?
 (b) If you were the judge, will you grant Tina‘s motion to
declare Carlos in default?

V.

Lani filed an action for partition and accounting in the

Regional Trial Court (RTC) of Manila against her sister Mary
Rose, who is a resident of Singapore and is not found in the
Philippines. Upon motion, the court ordered the publication of the
summons for three weeks in a local tabloid, Bulgar. Linda, an
OFW vacationing in the Philippines, saw the summons in Bulgar
and brought a copy of the tabloid when she returned to Singapore.
Linda showed the tabloid and the page containing the summons to
Mary Rose, who said, “Yes, I know, my kumara Anita scanned and
e-mailed that page of Bulgar to me!”

Did the court acquire jurisdiction over Mary Rose?

VI

(A) What is a motion?

(B) What are the classifications of motions? Explain briefly
each.

VII

The Regional Trial Court rendered a judgment against ST,

copy of which was received by his counsel on February 28, 2000.
On March 10, 2000, ST, through counsel, filed for a motion for
reconsideration of the decision with notice to the Clerk of Court
submitting the Motion for Reconsideration of the court. On
March 15, 2000, realizing that the motion lacked a notice of
hearing, ST‘s counsel filed a supplemental pleading. Was the
Motion for Reconsideration filed within the reglementary period?

VIII

(a) What are pro-forma motions?

(b) What is the effect of non-compliance with the order of a
bill of particulars?

IX

Within the period for filing a responsive pleading, the

defendant filed a motion for bill of particulars that he set for
hearing on a certain date. However, the defendant was surprised to
find on the date set for hearing that the trial court had already
denied the motion on the day of the filing, stating that the
allegations of the complaint were sufficiently made.

(a) Did the judge gravely abuse his discretion in acting on

the motion without waiting for the hearing set for the motion?
(b) If the judge grants the motion and orders the plaintiff to
file and serve the bill of particulars, can the trial judge dismiss the
case if the plaintiff does not comply with the order?

X
 The plaintiff sued the defendant in the RTC for damages
allegedly caused by the latter‘s encroachment on the plaintiff‘s lot.
In his answer, the defendant denied the plaintiff‘s claim and
alleged that it was the plaintiff who in fact had encroached on his
(defendant‘s) land. Accordingly, the defendant counterclaimed
against the plaintiff for damages resulting from the alleged
encroachment on his lot. The plaintiff filed an ex parte motion for
extension of time to answer the defendant‘s counterclaim, but the
court denied the motion on the ground that it should have been set
for hearing. On the defendant‘s motion, therefore, the court
declared the plaintiff in default on the counterclaim. Was the
plaintiff validly declared in default? Why?

Quiz - Part II (to be submitted on September 14, 2019)

1. (A) What is a motion to dismiss?

(B) What are the grounds upon which a motion to dismiss
may be file?

2. Within the period for filing a responsive pleading, the

defendant field a motion for bill of particulars that he set for
hearing on a certain date. However, the defendant was surprised to
find on the date set for hearing that the trial court had already
denied the motion on the day of its filing, stating that the
allegations of the complaint were sufficiently made. If the judge
grants the motion and orders the plaintiff to file and serve the bill
of particulars, can the trial judge dismiss the case if the plaintiff
does not comply with the order?

3. Husband H files a petition declaration of nullity of

marriage before the RTC of Pasig City. Wife W files a petition for
habeas corpus before the RTC of Pasay City, praying for custody
over their minor child. H files a motion to dismiss the wife‘s
petition on the ground of the pendency of the other case. Rule on
the motion.

4. Rolando filed a petition for declaration of the nullity of his

marriage to Carmela because of the alleged psychological
incapacity of the latter. After trial, the court rendered judgment
dismissing the petition on the ground that Rolando failed to prove
the psychological incapacity of his wife. The judgment having
become final, Rolando filed another petition, this time on the
ground that his marriage to Carmela had been celebrated without a
license. Is the second action barred by the judgment in the first?
Why?

5. A filed with the Metropolitan Trial Court (MTC) of Manila

an action for specific performance against B, a resident of Quezon
City, to compel the latter to execute a deed of conveyance covering
a parcel of land situated in Quezon City having an assessed value
of P19,000.00. B received the summons and a copy of the
Complaint on 02 January 2003. On 10 January 2003, B filed a
Motion to Dismiss the Complaint on the ground of lack of
jurisdiction contending that the subject matter of the suit was
incapable of pecuniary estimation. The court denied the motion.
In due time, B filed with the Regional Trial Court (RTC) a Petition
for Certiorari praying that the said Order be set aside because the
MTC had no jurisdiction over the case. On
13 February 2003, A filed with the MTC a motion to declare B in
default. The motion was opposed by B on the ground that his
Petition for Certiorari was still pending. Was the denial of the
Motion to Dismiss the Complaint correct?
6. What are the remedies of a plaintiff when the complaint is
dismissed on motion of the defendant?

7. What are the remedies of the defendant when its motion to

dismiss is denied by the court?

8. Fe filed a suit for collection of P387,000 against Ramon in

the RC of Davao City. Aside from alleging payment as a defense,
Ramon in his answer set up counterclaims for P100,000 as
damages and P30,000 as attorney‘s fees as a result of the baseless
filing of the complaint, as well as for P250,000 as the balance of
the purchase price of the 30 units of air conditioners he sold to Fe.
(A) Suppose Ramon‘s counterclaim for the unpaid balance
is P310,000, what will happen to his counterclaims if the court
dismisses the complaint after holding a preliminary hearing on
Ramon‘s affirmative defenses?
(B) Under the same premise as paragraph (b) above,
suppose that instead of alleging payment as a defense in his
answer, Ramon filed a motion to dismiss on that ground, at the
same time setting up his counterclaim, and the court grants his
motion. What will happen to his counterclaim?
9. (A) What is demurrer to evidence?
(B) Distinguish motion to dismiss from demurrer to
evidence.

10. (A) What is res judicata?

(B) What are the grounds for dismissal of an action that bar
its refiling?