Remedial Law Review

CIVIL PROCEDURE

1. The legislature is prohibited by the constitution from diminishing

the power of the SC as defined in the constitution. Although BP
129 did not repeal directly any jurisdiction of the SC, how did it
affect the jurisdiction of the SC?
2. An action in the RTC to collect a sum of money based on a
promissory note amounting to P401,000.00. After issues were
joined and during the trial, the defendant died. What will the
plaintiff do?
3. Suppose a motion to dismiss was filed on the ground of lack of
jurisdiction over the person because the summons was
allegedly improperly served and because of improper venue. Is
the first ground waived by being conjoined with the second
ground?
4. Defendant files a motion to dismiss on the ground of lack of
capacity to sue. The court denies the motion. Can the
defendant re-plead lack of capacity to sue as an affirmative
defense?
5. Can a party in default question the legality of the Order of
Default even if he has not filed a Motion to Set Aside Order of
Default?

CRIMINAL PROCEDURE
Darwin B. Beros

LlB- 4

Remedial Law Review

1. What is the reason for allowing the civil liability to subsist in

spite of the acquittal of the accused?
2. What if the court denies the invocation of the right to a
preliminary investigation, what is the remedy of the accused?
3. What is the remedy of the complainant if the Secretary of
Justice does not allow the filing of a criminal complaint against
the accused because of insufficiency of evidence?
4. Does an application for bail bar the accused from questioning
the validity or his arrest, the validity of the warrant, or the
manner of conducting the preliminary investigation?
5. The prosecution and the complainant fail to attend the first
hearing. The court postpones the hearing to another date. Is
there a violation of the right to speedy trial?

Darwin B. Beros

LlB- 4

Remedial Law Review

SPECIAL PROCEEDINGS

1. Under Rule 74 Is a Public Instrument necessary for the validity

of an extrajudicial settlement?
2. Can a will executed and proved in a foreign country be allowed
in the Philippines under Rule 77?
3. May the court authorize sale, mortgage or other encumbrance
of estate to pay debts and legacies in other countries?
4. Can court convert escheat proceedings into ordinary special
proceedings or vice-versa?
5.

SUMMARY PROCEDURE
Darwin B. Beros

LlB- 4

Remedial Law Review

1.

In what instance where certiorari could be allowed, in which

under the Rules of Summary Procedure it expressly prohibit
said relief for unfavorable interlocutory orders of the Municipal
Trial Court?

Darwin B. Beros

LlB- 4