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BAGUIO COLLEGES FOUNDATION

COLLEGE OF LAW

CIVIL PROCEDURE
FINAL EXAMINATIONS
OCTOBER 7, 2003

INSTRUCTIONS: This examination consists of TEN (10) questions on written


on two (2) pages. Read each question carefully before answering. A mere yes or
no without any discussion will not be given credit. Be concise. Begin every
answer on a separate page. Answers to sub-questions may be continued on the
same page. Should you commit a mistake, simply draw a line across the mistake.
Do not make any other marks on your booklet. Do not fold or tear out any page.
A deduction of five points will be indicated if these instructions are not followed.
GOOD LUCK!

1. What are the grounds for a motion for new trial? If granted, what are its
effects? (10 pts)

2. Maria was convinced by the adverse party into believing that she had
thirty days to file her notice of appeal and had in fact filed the same on the 20 th
day after receiving notice of a judgment adverse to her? Maria subsequently
discovered her error when she received notice of the entry of judgment. What
remedies does she have? Explain fully. (10 pts)

3. Pedro received a copy of the RTC decision on May 9, 2003. Juan received
his copy on the next day, May 10, 2003. Pedro filed a Notice of Appeal on May
15, 2003. On May 16, 2003, Pedro and Juan executed a compromise agreement.
On May 17, 2003, Juan filed a motion for the approval of the compromise
agreement with the RTC. Pedro subsequently changed his mind and opposed the
motion for approval of the compromise agreement on the ground that the RTC
had lost jurisdiction with the perfection of his appeal. Is Pedro’s opposition
meritorious? (10 pts)

4. If a non-party wishes to intervene in a pending action, what are the


requisites? (10 pts)

5. Alan was injured in a vehicular accident. He eventually sued the Alex, the
driver of the offending vehicle, Antonio, the owner of the offending vehicle and
ABC Insurance Corporation, the insurer of the offending vehicle for PHP
1,000,000. As alleged in the complaint, Alan was suing Alex and Antonio for the

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damages that he sustained and ABC Insurance Corporation on its contractual
insurance coverage of PHP 50,000 in a case involving damage to another motor
vehicle. ABC Insurance Corporation admitted liability and entered into a
compromise agreement with Alan for the full amount of its contractual liability,
leading to its eventual dismissal as a defendant. Upon having knowledge Alex
and Antonio filed a motion to dismiss on the ground that being indispensable
parties under a common cause of action, the case can no longer prosper with the
exclusion of ABC Insurance Corporation. Are Alex and Antonio correct? (10 pts)

6. Outline the appeals process to the Supreme Court of a case decided by


the MTC, include the periods for taking action. (10 pts)

7. Jose is a resident of Baguio City. He receives a subpoena duces tecum


requiring him to bring documents and to give testimony before the RTC in Laoag
City, Ilocos Norte. Can he legally avoid compliance with the subpoena? What
sanctions are imposable if he refuses to comply without legal justification? (10
pts)

8. Mary sued Jane for the payment of a sum of money. Judgment was
eventually rendered in favor of Mary ordering Jane to pay the sum of PHP
200,000. When the judgment became final, Mary’s counsel moved for the
execution of the judgment. Upon motion, the court ordered the issuance of a
writ of execution. How may and within what period can the sheriff proceed to
effect satisfaction of the judgment? Discuss completely. (10 pts)

9. After trial, the judgment of the MTC was appealed to the RTC. It
subsequently determined that the MTC rendered judgment without jurisdiction.
What can the RTC do? (5pts) What are the consequences of a resort to an
erroneous mode of appeal? (5 pts)

10. In an action for the payment of a sum of money, the plaintiff alleged in
his Complaint that “ On January 15, 2003, the defendant obtained a loan from
the plaintiff in the sum of PHP 50,000, payable within a period of sixty days with
interest at the rate of 12% per annum, that said loan was not paid, that despite
repeated demands the defendant adamantly refuses to pay the sum of PHP
50,000 plus interest.” In his Answer, defendant denied the allegations of the
plaintiff on the ground that he does not possess knowledge or information
sufficient to form a belief as to the truth of the said allegations. What is the
effect of such a denial? (10 pts)

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