CIVIL PROCEDURE (2nd Set)

1. Define the following (1) Civil action; (2) Criminal action; (3)
Special Proceeding.
2. What are the special civil actions?
3. Can a petition for judicial settlement of estate be dismissed
for failure of the petitioners to aver that earnest efforts
toward a compromise involving members of the same family
have been made prior to the filing of the petition? NO. Such
a prerequisite is applicable to ordinary civil actions
4. When is an action deemed commenced?
5. May a complaint be filed by registered mail? If so, when is it
deemed commenced? upon posting at post office (if docket
fees paid)
6. A complaint for recovery of possession of real property also
prayed for moral and exemplary damages the amounts of
which have been left to the courts discretion, and for actual
damages the amount of which shall be proven at the trial.
The docket fees for the action involving the real property
have been paid, but not those for the related damages, the
amount of which have not been specified; (a) Did the trial
court acquire jurisdiction over the action? (b) May the action
be dismissed? (c) Is the rule on the payment of docket fees
in ordinary civil actions the same as that for the claim of
damages which are impliedly instituted in criminal cases?
-a) no. Amount of damages should be specified in prayer b)
yes c) no. In crim. Cases complaint should allege (?)
7. The responded offered to buy a parcel of land from the
National Tobacco Administration. The deed of sale was
signed by Respondent and he paid the 20% downpayment
but the Petitioners, officers of the NTA, refused to implement
the sale. Respondent thus filed against the Petitioners a
Petition for Mandamus with Damages. In the body of the
petition, the amount of the moral and exemplary damages
and the attorneys fees were mentioned but they were not
mentioned at all in the prayer. The Petitioners filed a motion
to dismiss for failure to pay the docket fees on the moral and
exemplary damages and attorneys fees. The Respondent
then filed an amended petition specifying the amount of the
damages and fees in the prayer and also asking that the
deed of sale executed by NTA in favour of Stanford East
Realty Corporation be declared void and a TCT in favour of
Petitioner be issued. The trial court, over the Petitioners

objections, admitted the amended petition stating that the

Respondent had already paid the docketing fee. Did the trial
court act properly in admitting the amended petition?
-no. Court should dismiss. If court has no jurisdiction based
on original complaint, court cannot admit an amended
complaint, the purpose of which is to confer jurisdiction
8. P was a former record owner of 100 shares of stock in the
Manila Golf Club.
Upon his return from the U.S., he
discovered that the shares in his name were cancelled and
new shares issued in favour of the NSC. P filed an action
against NSC and MGC to compel the assignment of shares of
stock in his favour. P paid the docket fee for actions
incapable of pecuniary estimation, which was only about
600. After trial NSC filed a motion to dismiss on the ground
that P should have paid the docket fee based on the value of
the stocks sought to be recovered and since the proper
docket fees were not paid, the trial court therefore did not
acquire jurisdiction. (a) Were the proper docket fees paid?
Explain. (b) Should the motion to dismiss filed by NSC be
granted? Explain. a)no. Capable of pecuniary estimation b)
no. Nsc stopped in raising issue of deficiency by participating
in trial
9. May the trial court allow the payment by instalment of the
docket fee where the plaintiff pleads financial difficulty?
10.
M et al., as human rights victims obtained a
favourable judgment against the estate of Pres. Marcos in
the amount of $1.9B. They filed a complaint with RTC for the
enforcement of such judgment which has become final and
executory. The Marcos Estate filed a motion to dismiss for
non-payment of docket fees which it argued should be based
on the amount of the judgment award sought to be enforced.
M et al. countered that an action to enforce a foreign
judgment is incapable fo pecuniary estimation hence the
rate of 610 is sufficient.
Should the docket fees be
computed based on the amount of the judgment award
sought to be enforced?
11.
In the proceedings for the settlement of the estate of
Alice, a contingent money claim for commission on the event
of the sale of properties of the estate was filed by Alan with
the probate court. The executrix moved for the dismissal of
the claim on the ground that the docket fee under S7 R141
was not paid. The RTC dismissed the money claim. Was the
dismissal proper?

12.
What are the instances when the docket fees need not
be paid at the commencement of the suit but may be
considered as a lien on the judgment award? (Keyword:
ACHITA)
13.
The petition for change of name (R108) did not
implead the local civil registrar. However a copy of the
petition was furnished the local civil registrar. Judgment was
rendered granting the petition.
On appeal, the OSG
contends that the judgment was null and void since an
indispensable party, the local civil registrar, was not
impleaded. May the judgment be set aside? no, liberal
construction
14.

What is a cause of action?

15.
What is the importance of a cause of action?
-no COA renders suit dismissable
16.
Define the following terms: (1) Right of action; (2)
Relief; (3) Remedy;
(4) Subject Matter.
17.

Illustrate the foregoing terms:

Plaintiff lent 500,000 to Defendant. The loan is secured by

a real estate mortgage executed by X in favour of the
Plaintiff. The defendant failed to pay the loan on the due
date despite demand from Plaintiff.
18.

Distinguish a cause of action from a right of action.

19.
May there be a cause of action without a
corresponding right of action?
- Yes. Bar by prescription
20.
Is there a cause of action in proceedings for
declaratory relief?
- Yes but not same as COA in ordinary action
21.
What is meant by splitting a cause of action?
22.

What is the effect of splitting a cause of action?

23.
SRBI mortgaged several parcels of land to Metrobank
as security for its loan. Then SRBI and Metriobank entered
into a credit line agreement with the same mortgaged
properties as collateral. SRBI defaulted and Metrobank filed
an action for extrajudicial foreclosure of the mortgage.
Subsequently, Metrobank filed an action for collection of

money arising from the export bill purchases under the

credit line agreement. Metrobank bought the properties at
the foreclosure but the bid price was below SRBIs
obligations. SRBI moved to dismiss the action for collection
on the ground that Metrobank is splitting its cause of action.
Should the motion to dismiss be granted? -yes
24.
P sued D for specific performance of a contract. The
court decided in favour of D and dismissed Ps complaint.
After the dismissal had become final, P sued D to have the
same contract reformed to make it conform to their true
intent and to recover upon the reformed contract. Is the
second action barred by res judicata? yes, only one COA.
Reformation should be instituted with first case
25.
Petitioner filed with the CFI a complaint against the
Private Responded in 1969 for quieting of title with damages,
wherein the former seeks to be declared the owner of the
subject land. In 1970, the private Respondent dispossessed
petitioners of the land in question and stayed there until
January 1978. The Private Respondent won in the CFI but
the CA reversed and declared the Petitioner as the owner of
the subject land and ordered the Private Respondent to Pay
Petitioner 100,000 as the latters share in the proceeds of
the sale of the copra from the coconuts harvested in the
land. The decision became final and executor in February
1978. In the same month Petitioner filed a second case with
the CFI against Private Respondent seeking to recover from
the latter the incomes from the subject land from 1970 up to
1978 when possession of the land was delivered to the
Petitioner. Private Respondent filed a motion to dismiss the
second case on the ground of res judicata. Should the
second motion to dismiss be granted? Explain. yes, splitting
COA
26.
Nasugatan sued Sagasa for injuries he suffered when
Sagasa drove his car recklessly and bumped into Nasugatan.
Sagasa confesses and was adjudged to pay 5,000.00.
Nasugatan became blind because of the injuries he
sustained in the accident. He filed another suit against
Sagasa, this time for 100,000.00. May Sagasa plead the
filing of the first in abatement of the second suit and

contend that the judgment on the merits in the first case

constitutes a bar in the second? Explain.
- Yes, res judicata
27.
P filed with the RTC an accion reinvindicatoria over a
parcel of rice land against D, alleging that the same was sold
to him by the rightful owner of S and praying that he (P) be
declared the owner of the land and that D deliver possession
to him. D filed an answer in which he also counterclaimed
for moral and exemplary damages for the unwarranted filing
of the suit by P. During the pendency of the case, P disposed
D of the subject land and proceeded to harvest the rice.
Judgment was rendered by the RTC dismissing Ps suit. The
judgment became final. P delivered possession back to D. D
then filed an action before the RTC against P seeking to
recover the value of the rice harvested by P. P filed a motion
to dismiss on the ground of res judicata. Should the motion
to dismiss be granted?-yes