I. FILL in the Blanks
The act of the judge in filing with the clerk of court
1. The court has ___ jurisdiction when it has the power
to exercise exclusive original jurisdiction over actions
not falling under the exclusive original jurisdiction of any
court, tribunal, person or body exercising judicial or
quasi-judicial functions.
2. ___ jurisdiction is the power of two or more courts of
different levels to exercise original jurisdiction over one
particular class of cases.
3. The MTC exercises ___ jurisdiction when it hears,
tries and decides a cadastral case at the instance of the
SC.
4. A ___ is a remedy by which a person seeks to
establish a status, a right or a particular fact.
5. The party without whom the court cannot render a
valid judgment in the case is referred to as ___.
6. In an Action in Personam, the court can acquire
jurisdiction over the defendant who is a resident but
temporarily outside the Philippines by ____ or ____.
7. In an Action in Personam, the only way by which the
court can acquire jurisdiction over a defendant whose
identity or whereabouts are unknown is by ___.
8. After hearing the motion to dismiss filed by the
defendant on the ground of failure of the complainant
to state a cause of action, the court may either ___,
____ or ____.
9. If Mr. X discovers that a parcel of land that he owns is
the subject of a pending action filed by Mr. A against Mr.
B for recovery of title to real property, the proper
remedy for Mr. X is ____.
10. If after the plaintiff has rested his case the defendant
feels that the former failed to produce even prima facie
evidence to prove the material facts he alleged in the
complaint, the proper remedy for the defendant is ___.
11. When the defendant makes a general denial of all
the material allegations in the complaint, the proper
remedy for the plaintiff is ___.
12. An action _____ is one the purpose of which is to
subject the defendant's interest in property to a lien or
obligation burdening the property.
13.
the written copy of the judgment he personally and
directly prepared, stating clearly the facts and the law
which it is based and signed by him is referred to as
____.
14. If after the period to appeal has expired, the
aggrieved party discovers that he was prevented from
taking an appeal due to fraud, accident, mistake or
excusable negligence, his remedy is to file a ____, with
____ within a period of ____.
15. When the judgment appealed from was rendered by
the RTC in the exercise of its appellate jurisdiction and
the appellant assigns thereto only errors of law, the
same shall be appealed to ____ by way of ____ under
Rule ____.
16. A judgment rendered by the RTC in a petition for a
Writ of Amparo to which the aggrieved party assigns
both errors of facts and law shall be appealable to ____
by way of ___ under Rule ___ within a period of ____.
17. In civil actions, the only way to appeal to the
Supreme Court is by ____ under Rule ____ to be taken
within a period of ____.
18. The order of the MTC in a settlement of estate
proceeding denying the money claim of a creditor may
be appealed to ____ by ____.
II. CASE ANALYSIS
A. On April 5, 2010, a judgment for money became final
and executory. The writ of execution, however, was
issued only on May 6, 2015.
1. Can the writ be enforced?
2. Suppose there was a levy made on the property of
the defendant on April 2009, will the sale of the
property after May 6, 2015 be valid?
3. If the judgment was revived on June 10, 2015, up to
when may the revived judgment be executed?
B. Aggrieved by the judgment of the MTC of Makati,
defendant appealed to the RTC which in due time
affirmed the inferior court's decision. In a petition for
certiorari to the SC, defendant-appellant raised pure
questions of law.
1. Was the petition properly taken?
2. If the aggrieved party decided to annul the MTC
decision under Rule 47, where should he file the
petition?
C. Mr. Cinco, a public officer with salary grade 30 was
charged in the RTC with the Manufacture of Dangerous
Drugs under Sec. 8 of RA 9165 punishable by life
imprisonment. In the information, it was alleged that
Mr. Cinco used the powers of his office to commit the
crime charged. The defense counsel filed a motion to
quash on the ground of lack of jurisdiction over the
offense charged contending that the Sandiganbayan
exercises exclusive jurisdiction over the same.
1. If you are Mr. Cinco's counsel, how would you argue
for the motion to quash?
2. If you are the prosecutor, how would you argue
against the motion?
3. If you are the judge, how would you resolve the
motion?
D. On Nov. 20, 2015, Manuel Alvarez filed with the
Family Court of Las Pinas a Petition for Declaration of
Nullity of Marriage on the ground of psychological
incapacity under Sec. 36 of the Family Code. On Jan. 30,
2016, following the service of summons on Maria
Alvarez, Manuel Alvarez filed with the RTC of Quezon
City an urgent motion to suspend the proceedings
therein on the ground of the existence of a prejudicial
question. He argued that since the relationship between
him and Maria is an element of parricide, the resolution
of said issue in the civil action would determine whether
the criminal proceeding should continue or not.
Resolve Manuel Alvarez' motion.
1. As private prosecutor, what are your remedies under
the circumstance?
2. As counsel for the accused, what are your remedies?
G. In a charge for estafa, the private prosecutor
presented 6 witnesses, who, while having identified the
accused as their office-mate, were unable to pinpoint
his alleged role and participation in the commission of
the offense charged.
As counsel for the accused, what are your remedies?
H. Due to inadvertence and neglect, the records of the
preliminary investigation of Randy Orton were
misplaced and it was only after 5 years that the
information for Murder was filed with the RTC.
As counsel for the accused, what are your remedies, if
any?
I. State 5 procedural differences between civil actions
and criminal actions. Describe each difference briefly.
1. Venue/ Action of court for improper venue
2. Substitution
3. Intervention
4. Filing
5. Dismissal: Motion to dismiss (Civil)// Motion to Quash
the Information (Crim)

E. Eddie Guerrero directly files his complaint-affidavit for

Qualified Trespass to Dwelling with the MTC for
preliminary investigation and in the course of such
investigation, (he) moves for the issuance of a warrant
of arrest which the court grants upon conducting a
searching inquiry and having determined that there is a
need for such issuance in order not to frustrate the ends
of justice.

As counsel for the Respondent, discuss your remedies

under the present state of law.

F. Rey Mysterio was charged with murder and frustrated

murder by the Office of the City Prosecutor of Manila.
He appeals to the department of justice which reverses
the city prosecutor and absolves him of the offenses
charged. The presiding judge of the RTC Manila where
the informations were filed conducted his judicial
determination of probable cause upon receipt of the
resolution absolving the accused, and found that Rey
Mysterio should be charged with murder and frustrated
murder.