Civil Procedure - Midterms

1.
Explain "Jurisdiction is confered by law but is determined by
the assertions in the pleading."
2.
Jose, a Police Chief Inspector, was conducting surveillance
operations at the Pegasus Night Club. On such occasion, he
killed someone. He was subsequently charged with Homicide at
the Regional Trial Court of Quezon City. After the prosecution
rested its case, Jose moved to dismiss the case, contending
that it is the Sandiganbayan that has jurisdiction over his
case. The RTC ordered the records of the case be forwarded to
the Sandiganbayan. The Sandiganbayan did not take cognizance of
the case, and remanded it back to the RTC. Was the
Sandiganbayan correct?
3.
A building inside the "Pamilihang Sentral ng Sta. Mesa" is said
to be owned by VCF Enterprises and is rented out to
stallholders. Five stallholders of the building found evidence
that proves VCF's Title No. 133576, issued by the Register of
Deeds of Manila is spurious, questionable and doubtful. In
behalf of all stallholders, the five instituted a class suit
for cancellation of the title and damages. Is the complaint
proper?
4.
Ric Bonto entered into three different contracts with Mario
(contract of lease), Lirio (contract of mortgage) and Augusto
(contract of sale) involving the same parcel of land in
Sampaloc, Manila. All violated the terms of their respective
agreements. Can Ric Bonto institute a single complaint for all
three?
5.
Distinguish Primary Jurisdiction from Residual Jurisdiction.
6.
Manuel filed a case to compel Doa Trinidad to transfer to him
a parcel of land. The trial court ruled in favor of Manuel. The
defendant appealed to the Court of Appeals. While on appeal,
Doa Trinidad died. The heirs actively pursued the appeal
without any formal substitution of parties. The CA affirmed the
decision of the trial court. The heirs filed a petition before

the Supreme Court claiming that the CA did not acquire

jurisdiction on the person of the heirs because there was no
formal substitution. (a) Will the petition prosper? (b) Suppose
the property was transferred to a third person pendente lite,
would the answer be the same?
7.
Juan dela Cruz filed a case against Y Company at the Regional
Trial Court of San Pablo City. He would like to take the
deposition of Pedro Santos, a resident of Lucena City and
employee of Y Company, because he was not able to secure a
subpoena for him. Pedro refused to give his deposition. Even
when the RTC have already issued a subpoena for him, he still
refused to appear before the court. (a) What sanctions may be
imposed upon Pedro Santos? (b) Suppose his deposition was taken
and introduced in part, by the adverse party. May he be
considered as his witness?
8.
What are the requirements for genuiness and due execution of
actionable documents?
9.
Monark Corporation filed a case against Asian Construction for
collection of sum of money due to the non payment of rentals
for leased equipments owned by Monark. Asian Construction moved
for leave of court to file Third Party Complaint against
Bechtel Company, because it is latter that actually used the
leased equipments and did not pay Asian Construction for the
use. The Regional Trial Court denied the motion of Asian
Construction. (a) Is the RTC correct in dismissing the motion
for the filing of a Third Party Complaint? (b) According to the
case, what are the requisites for a Third Party Complaint?
10.
Jose's brand new Toyota Altis, parked along Batasan Road,
Quezon City, was hit by a wayward Izuzu Crosswind. He then
filed a case for damages at the Regional Trial Court of Quezon
City against: "A", the driver of the Crosswind, who is a
resident of Batangas City; "B" the owner of the Crosswind, who
is temporarily a resident of Singapore; and "C" a foreign
insurance corporation without any agent in the Philippines.
Summonses were validly served to them on June 5, 10, and 15,
respectively. (a) When must the defendants file their answer?
(b) The defendants moved to dismiss the complaint on the ground
of: "A" the venue is improper; "B" the court lacks jurisdiction
over the subject matter of the case; and "C" the court has not
acquired jurisdiction over the person of the defendant. Rule on
the defenses.

11.
Crispin filed a complaint for collection of sum of money at
Regional Trial Court of Makati for P250,000. Realizing
error, Crispin moved to amend the amount by raising it
P500,000. The court dismissed the motion claiming that
cannot rule on the amendment of the pleading as it has not
acquired jurisdiction over the case. Is the contention of
RTC valid?

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12.
On August 1, 2005, Atty. Pepe Santos received a notice of
registered mail. Because his family went on vacation from
August 4 to 11, 2005 in Bali, Indonesia, he was only able to
check the mail on August 21, 2005. He found out that it is a
copy of the decision against his client dated July 13, 1999.
Can he still appeal the decision?