CIVIL PROCEDURE

Instruction: In yellow paper or notebook, answer the following questions correctly, briefly and
concisely. Cite the provision/s or citation of the jurisprudence that support your answer or
explanation. Most importantly, study your answers for the next graded oral recitation.

1. What is “omnibus motion rule”?

2. What is/are the consequences of failure to include notice of hearing in an adversarial

motion? b) To whom should the notice of hearing be addressed?

c) What should the notice of hearing include?

3. a) What are the requisites of a valid declaration of default?; b) can the court declare a
defendant in default mutoproprio? Explain.

4. In a collection case filed with the RTC, defendant filed a motion to admit belatedly filed
answer attaching thereto a copy of his answer. As the answer was filed thirty days late, the judge
denied its admission and instead issued an order declaring the defendant in default. Is the judge
correct? Explain.

5. a) What are the grounds for dismissal of a complaint?; b) What are the remedies of the
plaintiff when a motion to dismiss is granted by the court?; c) What are the remedies of the
defendant when his motion to dismiss is denied?

6. a) How and when may plaintiff dismiss his/her action as a matter of right?; b) What is
meant by two-dismissal rule?

7. Plaintiff filed a collection case at the RTC. Realizing that the amount claimed is within
the jurisdiction of the MTC, plaintiff filed notice of dismissal under Rule 17. In its order
confirming dismissal of the action, the judge stated that the dismissal is with prejudice. Plaintiff,
nevertheless, re-filed the case with the MTC. Defendant filed motion to dismiss on the following
grounds: a) that the order of dismissal is with prejudice which means that plaintiff can no longer
re-file the case; b) that plaintiff is barred from re-filing the case under the two-dismissal rule.

a. Comment on the judge’s order of dismissal; a) Rule on the motion.

8. a) After answer has been served, can plaintiff still dismiss his/her action?; b) if the
complaint is dismissed, does it carry with it dismissal of the counterclaim pleaded by the
defendant?; c) if you are the defendant and you want to prosecute your counterclaim in the same
action, what should you do?

9. What are the grounds for quashing a subpoena?; b) can a subpoena be served thru
publication if the witness could not be located or his address is unknown?

10. In a case, a very vital witness is a prisoner/convicted rapist who is now serving his
sentence at the Davao Penal Farm. If you were the proponent lawyer, what should you do in
order to obtain the appearance of that prisoner witness?

11. Outline the procedure on how to compel the attendance of a witness under Sec. 8, Rule
21 and the procedure under Sec. 14, Rule 119.
12. After answer was filed, plaintiff filed a motion for judgment on the pleadings which was
granted by the court. After judgment was rendered, plaintiff moved to reconsider the decision for
insufficiency of evidence to justify the decision. If you were the judge, will you grant the motion?
Explain.

13. a) Discuss the effects/consequences of failure to appear during the pre-trial;

b) What is the consequence of failure to file pre-trial brief by plaintiff?

14. Enumerate the different modes of discovery and outline the procedure on how should one
go about each one of them.

15. A complaint was filed by X against Y. X took the deposition of Z, his intended witness.
Subsequently, X died and he was substituted by his heir S. During the hearing, S manifested
that he will be presenting the deposition of Z to which, Y objected. Accordingly, the one who took
the deposition is already dead and therefore, S can no longer use it. Rule on the objection.

16. Suppose that the case filed by X against Y in the preceding question was dismissed but
another case was filed involving the same subject matter, can X still use the deposition taken in
the previous action?

17. The general rule is that “deposition may not take the place of the testimony of a witness
in open court”. Under what circumstances that deposition may be used?

18. When may objections to the admissibility of a deposition be made.

19. What is letters rogatory?

20. Distinguish “depositions upon written interrogatories”under Sec. 25 ofRule 23 and

“interrogatories to parties” under Rule 25.

21. What are the effects of failure to serve interrogatories under Rule 25?

22. What are the consequences of refusal to answer interrogatories to adverse parties?

23. What are the facts that an adverse party may be required to admit in a request for
admission?

24. What is/are the consequence/s of failure to answer request for admission?

25. Plaintifffiled a complaint against defendant. After issues were joined, defendant served
request for admission upon plaintiff requiring the latter to admit the facts alleged in his answer
and those that are set forth in his affirmative defenses. Plaintifffiled a reply to the request but
the same was not under oath. Contending plaintiff is deemed to have admitted those matters of
which request for admission were made, he now prays for judgment on the pleadings and/or
summary judgment. Rule.

26. a) Under what circumstance that “physical and mental or mental examination” as a mode
of discovery may be availed of?; b) Atty. A requested for a physical and mental examination of
his client which was granted by the court. After the examination, a subpoena was issued to the
examining physician for him to testify on the result of his examination. Counsel moved to quash
the subpoena. Accordingly, the testimony of the doctor would violate doctor-patient privilege.
Rule.

27. What are the effects/consequences or sanctions for refusal to comply with modes of
discovery?
28. a) When may the judge delegate reception of evidence to his clerk of court?;

b) Liza, a law graduate is the acting clerk of court of the RTC. Can the judge delegate the reception
of evidence to Liza? Explain.

29. a) When may demurrer to evidence be filed?; b) If the motion for demurer is denied, can
the defendant still present evidence in his behalf?; c) If the motion is granted and the order is
reversed on appeal, can the defendant still present evidence in his behalf?

30. Differentiate demurrer to evidence in civil case from criminal case.

31. In a suit for damages, plaintiff prays for actual, moral nominal and exemplary damages.
Defendant 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 victim was due to accident. Contending that the
answer fails to tender an issue since defendant deemed to have admitted all the allegations in
the complaint for his failure to specifically deny the same, plaintiff filed a motion for judgment
on the pleadings. Rule on the motion.

32. a) Under what circumstances that the judge may grant summary judgment?; b) Under
what circumstances that the judge may grant judgment on the pleadings?

33. a) Who may intervene? b) within what period can one file motion for intervention?

34. What are the requisites of a valid judgment?

35. a) When may judgment become final and executory?; b) How may judgment be served on
a defendant whose identity and addressed is unknown?; c) what is the date of entry of judgment?