LONG TEST

Sunday, November 26, 2017

Coverage:
1. Rule 34 Judgment on the Pleadings
2. Rule 35 Summary Judgments
A. Rule 34
Part I. Objective
1. When may a party file a motion for judgment on the pleadings?
[3 pts].
2. In a motion for judgment on the pleadings, is it required to submit
supporting papers? Why? [2 pts]
3. What is the effect if the defendant moves for judgment on the pleadings?
Explain. [5 pts]
4. Give some effects of an answer with general denials. [2 pts]
5. May there be judgment on the pleadings in cases of annulment of
marriage or legal separation? [2 pts]
6. Are there distinctions between judgment on the pleadings and summary
judgment? [5 pts]
7. Are there distinctions between judgment by default and judgment on the
pleadings [3 pts]
8. In cases governed by the Rules on Summary Procedure, what motion
should be filed if the defendant does not file an answer? [3 pts]
9. May judgment be rendered based on issues not raised in the pleadings?
[3 pts]
10. What is the remedy against judgment on the pleadings? [3 pts]
11. When is judgment on the pleadings not applicable? [3 pts]
12. May judgment on the pleadings be rendered even if there is a pending
third part complaint against another person for indemnity or
contribution? Explain. [5 pts]

Part II. Case Problems

13. A filed a suit for damages against B, praying for actual, moral, nominal
and exemplary damages. B filed an answer alleging that he has no
knowledge sufficient to form a belief as to the truth of such damages and
that the death of the decedent was due to fortuitous event. May A file a
motion for judgment on the pleadings? [5 pts]

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 14. A complaint for quieting of title and for declaration of nullity of free patent
No. 495269, OCT No. 711 and TCT No. 186516 was filed against the
defendants. The complaint was amended alleging that the plaintiffs were
the co-owners of a parcel of land located in Marikina Rizal, Metro Manila
covered by TCT No. 257152. Said title was transferred from TCT No.
22395 in the name of Antonio Araneta and among the lots covered by
TCT No. 257152 was Lot No. 89. It was contended that the title, TCT No.
27219 is void because it covered Lot No. 89 belonging to them. They
impleaded the buyer, herein petitioner which contended that it was a
buyer in good faith and for value since there was no annotation of lis
pendens at the back of the title. Answering the complaint, they alleged
that Lot No. 89 was covered by another title OCT No. 734 not OCT No.
730. The plaintiffs however, filed a motion for judgment on the pleadings.
Is the motion proper? Why? [10 pts]

B. Rule 35
Part I. Objective:

1. When may a claimant file a motion for summary judgment? [3 pts]

2. When may a defendant file motion for a summary judgment and what he
should do? [2 pts]
3. State the time when a motion for summary judgment shall be heard and
the procedure upon its filing. [5 pts]
4. Within what period may an opposing party serve opposing affidavits? [3
pts]
5. When may a court grant or deny a motion for summary judgment? [5 pts]
6. What is the effect of submission of affidavits in bad faith? [5 pts]
7. Upon which may a summary judgment be rendered in favor of the
claimant or the defending party? [2 pts]
8. When may summary judgment be resorted to? [5 pts]
9. Give the requisite of a summary judgment. [3 pts]
10. State the nature of the power of the court in the rendition of summary
judgment. [5 pts]
11. What is the extent of the power of the court if there is a motion for
summary judgment? Explain. [5 pts]
12. What is meant by genuine issue? [5 pts]
13. May there be summary judgment if there is failure to deny an actionable
document? [3 pts]

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 14. Who has the burden of proof of the existence of an issue of fact in a
motion for summary judgment? [2 pts]
15. May summary judgment be availed of by both parties? Explain. [5 pts]
16. What should the court do if a motion for summary judgment is filed and
a judgment is not rendered upon it in full? [5 pts]
17. May there be partial summary judgment? If so, what is its nature? [2 pts]
18. After rendering summary judgment, what should the court do? [5 pts]
19. State the form and contents of affidavits and supporting papers in a
motion for summary judgment. [3 pts]
20. How should the courts approach motion for summary judgment? [5 pts]
21. Is there a need for a trial in case a motion for summary judgment is filed?
Why? [5pts]
22. Are the rules on summary judgments applicable to all cases? [2 pts]
23. If the court renders summary judgment, what is the remedy of the
aggrieved party? [5 pts]
24. What is the test in granting or denying the motion for summary
judgment? [3 pts]
Part II. Case Problems:

25. A contract of loan was entered into evidenced by a promissory note which
did not prove the due date for payment. Demand was made for the
debtors to pay but it was not heeded, hence, a complaint for sum of
money was filed. The defendants filed an answer alleging that the PN did
not provide the due date for payment, hence, the loan has not yet
matured as the maturity date was purposely left blank to be agreed upon
at a later date, hence, the complaint was premature and it failed to state
a cause of action. A motion for judgment on the pleadings was filed. It
was granted. It was affirmed by the CA on appeal. The CA ruled that there
was no need to present evidence to prove the maturity of the PN as it was
payable on demand. The defendants contended that their answer
tendered genuine issue and disputed material allegations in the
complaint. The plaintiff contended that the affirmative defenses merely
asked for the interpretation of the contract of adhesion, hence, there was
no genuine issue of fact. Is the ruling correct? [10 pts]
26. Defendants argued that they were denied an opportunity to be heard on
the motion to execute the summary judgment; and the summary
judgment was rendered in disregard of due process. Are the contentions
correct? Why? [10 pts]

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27. X filed a complaint. Y, the defendant filed an answer with counterclaim
larger in amount than the main claim by the plaintiff. May Y file a motion
for summary judgment? Why? [5 pts]
28. A complaint for partition of properties was filed alleging that he and the
woman, although both married but separated from their spouses,
cohabited. During their union, they set up a business which flourished.
Real and personal properties were acquired but registered solely on the
woman’s name. Due to irreconcilable differences, they separated. The
man asked for his share of the properties, but the woman refused, hence,
the suit. The woman admitted the putting up of the business, but dened
that they lived together as husband and wife. She claimed to be the
exclusive owner of the properties as they were acquired with the use of
her own money and registered under her name. The man filed a motion
for summary judgment which was granted, saying that the issue is legal.
Is the ruling correct? Why? [10 pts]
29. Rafael Guerrero filed complaint against Manufacturers Hanover Trust
Company and/or Chemical Bank for damages representing illegally
withheld taxes charged against interest on his checking account with the
Bank, a returned check with the Bank, a returned check due to signature
verification problems and unauthorized conversion of his account. The
bank filed an answer alleging that the agreed foreign law to govern their
contractual relations bars the recovery of damages other than actual. The
plaintiff filed a motion for summary judgment. Will the motion proper?
Why? [10 pts]
30. X filed a complaint against Y. After the answer was filed, X filed a motion
for summary judgment, attaching thereto affidavits, etc. Y did not file
opposing affidavits. Give the effect of Y’s inaction. [3 pts]
31. Ness filed a complaint for sum of money against Pinky for 1,000,000.00
who filed an answer admitting liability but she is still checking the
correctness of the same. Ness filed a motion for summary judgment. If
you were the judge, would you grant the motion? Why? [3 pts]
32. X filed a complaint for ejectment against Y who filed an answer alleging
that X’s title over the land is void, May X file a motion for summary
judgment? [3 pts]
33. A contract of growing agreement entered into by the parties. After 5
months of operation the company withdrew from the contract without
paying the services of the grower. The reason for the withdrawal was his
failure to post a bond. A complaint for sum of money was filed. An answer

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 with counterclaim of non-payment of the P1.2 million for his services was
filed after. After the pre-trial, the plaintiff submitted a manifestation and
motion alleging that defendant admitted his liability to the extent of
P482,766.88 in the answer, hence, he prayed for a reverse trial which
opposed by the defendant since what was admitted was less than the
claim of P1.2 million. At the trial, the company admitted that it really
entered into growing contract that grower was entitled to P482, 766.88
as compensation. The plaintiff agreed to waive all other claims, hence, a
partial summary judgment was rendered. The case was set for hearing
on the other claims. Is summary judgment proper? Explain. [10 pts]
34. A filed a complaint for sum of money against B for P414,182.46
representing the value of steel bars delivered to B. The latter filed an
answer stating that he owes A the amount of P380,000.00 representing
the value of steel bars given for free as per their oral agreement, to make
up for the deficiencies in weight and stress of the defective steel bars
delivered. A filed a motion for summary judgment which the court was
granted. Was the action of the court proper? Why? [10 pts]