apable of pecuniary estimation.

4. Probate cases where the gross value of the estate exceeds P300,000, or in Metro Manila, P400,000.
5. Actions not falling within the exclusive jurisdiction of any other court, tribunal, body, or person, exercising judicial or
quasi-judicial functions.

II

[a] Briefly explain the procedure on "Interrogatories to Parties" under Rule 25 and state the effect of
failure to serve written interrogatories. (2.5%)

[b] Briefly explain the procedure on "Admission by Adverse Party" under Rule 26 and the effect of failure
to file and serve the request. (2.5%)

SUGGESTED ANSWER:
(a)

The procedure on “Interrogatories to Parties” under Rule 25 is briefly explained as follows:

1. A party desiring to elicit material and relevant facts from an adverse party shall file and serve upon the latter written
interrogatories to be answered by the latter.
2. The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. The
interrogatories shall be answered within 15 days from service thereof. The answers may be used for the same purposes provided
for in Section 4 of Rule 23 on depositions.
3. Objections to any interrogatories may be made within 10 days after service thereof.

The effect of the failure to serve written interrogatories is that unless allowed by the court for good cause
shown and to prevent a failure of justice, a party not served with written interrogatories may not be
compelled by the adverse party to give testimony in open court, or to give a deposition pending appeal.

(b)

The procedure on “Admission by Adverse Party” under Rule 25 is briefly explained as follows:

1. At any time after issues have been joined, a party may file and serve upon any other party a written request for the
admission by the latter of the genuineness of any material and relevant document or the truth of any material and relevant matter
of fact.
2. Each of the matters of which an admission is requested shall be deemed admitted unless, within the period designated in
the request, which shall not be less than 15 days after service thereof, the party to whom the request is directed files and serves
upon the requesting party a sworn statement either denying specifically the matters of which an admission is requested or setting
forth in detail why he cannot truthfully either admit or deny those matter.
3. Objections to any request for admission shall be submitted to the court within the period for and prior to the filing of his
sworn statement.
The effect of the failure to file and serve request for admission is that, unless allowed by the court for
good cause shown and to prevent a failure of justice, a party who fails to file and serve a request for
admission on the adverse party of material and relevant facts at issue which are, or ought to be, within the
personal knowledge of the latter, shall not be allowed to present evidence on such facts.

III

What are the contents of a judicial affidavit? (5%)

SUGGESTED ANSWER:

The contents of a judicial affidavit are as follows:

(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the
examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so
under oath, and that he may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:

1. Show the circumstances under which the witness acquired the facts upon which he testifies;
2. Elicit from him those facts which are relevant to the issues that the case presents; and
3. Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of
Court;