November 22, 2011 Quiz 1 1-5 What is an adversarial system?

Ans: In adversarial system, the contending parties present before a court their conflicting versions of an occurrence by shaping both the facts, the issues and even the evidence to suit their own perspectives, designs and strategies in accordance with a body of rules that provides the framework for the entire litigation process. 6. When can the rules of court come into play or be activated? Ans: Rules of court can only come into play upon the filing of a complaint or petition. 7. What do you call a party who initiates the first pleading? Ans: Plaintiff 8. What about the party who is adverse to the complaint? Ans: Defendant 9-10 What are the two elements of a cause of action? Ans: a) right of the plaintiff, b) violation of the right by the defendant 11. What is a right of action? Ans: Is the consequence of the violation of the right of the plaintiff 12. What is venue? Ans: Venue is the place where the action is to be filed 13-15 State the general rule with regards to verification. Ans: A pleading need not be verified unless a verification is specifically mandated by law or by a particular rule 16-18 What is a certification against forum shopping? Ans: A certification against forum shopping is where the plaintiff or principal party certifies, among others, that he has not commenced any action or filed any claim involving the same issues in any other tribunal. 19-20 What are the two modes of service of summons? Ans: a) in person, b) substituted service 21-23 What are the limitations imposed by the Constitution on the rulemaking power of the Supreme Court?

Ans: a) The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases; b) the rules shall be uniform for courts of the same grade; c) the rules shall not diminish, increase, or modify substantive rights (Sec. 5[5], Art. VIII, Constitution of the Philippines) 24-26 How shall the Rules of Court be construed? Ans: The Rules of Court shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding (Sec. 6, Rule 1, Rules of Court) 27-30 Cite some instances/cases where the Supreme Court applied the liberal construction principle of the rules. Ans: a) where a rigid application will result in a manifest failure or miscarriage of justice; b) where the interest of substantial justice will be served; c) where the resolution of the motion is addressed solely to the sound and judicious discretion of the court; and d) where the injustice to the adverse party is not commensurate to the degree of his thoughtlessness in not complying with the procedure prescribed (Manila Banking Corporation vs. University of Baguio, Inc., G.R. No. 159189, February 21, 2007) 31-35 What are the cases in which the Rules of Court shall not apply? Ans: a) election cases; b) land registration cases; c) cadastral cases; d) naturalization cases; and e) insolvency proceedings except by analogy or in a suppletory character and whenever practicable and convenient (Sec. 4, Rule 1, Rules of Court)