Answer to REMEDIAL LAW MIDTERM EXAM

I. APPROPRIATE REMEDY

1. Defendant failed to file an answer and subsequently an ORDER of DEFAULT was issued
by the court.

ANSWER:

Move to set aside the order of default on the ground of fraud, accident,
mistake or excusable negligence.

2. The complainant filed a civil action for damages in the amount of P400,000 in the MTC
DAVAO.

ANSWER:

Move for the dismissal of the case on the ground of improper venue.

The proper venue would be RTC Davao, being the court which has
exclusive and original jurisdiction over cases where the demand, exclusive of
interest, damages, attorneys’ fees, litigation expenses and costs, or the value
of the property involve exceeds 300, 000.

3. The court dismissed your complaint on the ground of res judicata.

ANSWER:

If the dismissal is without prejudice, the plaintiff may re-file the

complaint. If the dismissal is with prejudice, the plaintiff may file an appeal.

File motion for reconsideration.

Res judicata to bar the institution of a subsequent action, the following
requisites must concur:
i. There must be a final judgment or order
ii. The court rendering the judgment must have jurisdiction
over the subject matter
iii. The former judgment is a judgment on the merits
iv. There is between the first and second actions identity of
parties, of subject matter and of causes of action.
4. The court