I.

Amorsolo, a Filipino citizen permanently residing in New York City, filed with the RTC of Lipa City a Complaint for Rescission of
Contract of Sale of Land against Brigido, a resident of Barangay San Miguel, Sto. Tomas, Batangas. The subject property, located
in Barangay Talisay, Lipa City, has an assessed value of P19,700.00. Appended to the complaint is Amorsolo’s verification and
certification of non-forum shopping executed in New York City, duly notarized by Mr. Joseph Brown, Esq., a notary public in the
State of New York. Brigido filed a motion to dismiss the complaint on the following grounds:

a. The court cannot acquire jurisdiction over the person of Amorsolo because he is not a resident of the Philippines; is this ground
meritorious?
b. The RTC does not have jurisdiction over the subject matter of the action involving real property with an assessed value of
P19,700.00; exclusive and original jurisdiction is with the Municipal Trial Court where the defendant resides; is this ground
meritorious?
c. If the action proceeded, what will happen if the plaintiff and his counsel failed to appear during the pre-trial without justifiable
cause?
d. Will your answer will be the same if the defendant and his counsel were the ones who failed to appear?

II.

Lucas, a resident of Manila, brings an action in the Metropolitan Trial Court of Manila against Brad, a resident of Pasay City for
the annulment of an extrajudicial foreclosure sale of real property with an assessed value of P50.000.00 located in Laguna. The
complaint alleged prematurity of the sale for the reason that the mortgage was not yet due. B timely moved to dismiss the case
on the ground of jurisdiction over the subject matter and complaint did not state cause of actions. Decide with reasons.

III.

What courts have jurisdiction over the following cases filed in Metro Manila?
a) An action for specific performance or. In the alternative, for damages In the amount of P180,000.00
b) An action for a writ of injunction.
c) An action for replevin of a motorcycle valued at P150.000.00.
d) An action for Interpleader to determine who between the defendants is entitled to receive the amount of P190.000.00 from
the plaintiff.
e) A petition for the probate of a will involving an estate valued at P200.000.00.

IV.

Dick Dixson had sons with different women - (i) Dexter with longtime partner Delia and (ii) Dongdong and Dingdong with his
housemaid Divina. When Dick fell ill in 2014, he entrusted all his property titles and shares of stock in various companies to Delia
who, in turn, handed them to Dexter for safekeeping. After the death of Dick, Dexter induced Dongdong and Dingdong to sign an
agreement and waiver of their right to Dick's estate in consideration of PhP 45 million. As Dexter reneged on his promise to pay,
Dongdong and Dingdong filed a complaint with the RTC of Manila for annulment of the agreement and waiver. The summons and
complaint were received by Dalia, the housemaid of Dexter, on the day it was first served. Dexter filed a motion to dismiss on the
ground of lack of jurisdiction over his person. RTC Manila granted the motion to dismiss.

Dongdong and Dingdong thereafter filed a new complaint against Dexter for annulment of the agreement and waiver. Before
Dexter could file his answer, Dongdong and Dingdong filed a motion to withdraw their complaint praying that it be dismissed
without prejudice. An Order was issued granting the motion to withdraw without prejudice on the basis that the summons had
not yet been served on Dexter. Dexter filed a motion for reconsideration of the order of dismissal. He argued that the dismissal
should have been with prejudice under the "two-dismissal rule" of Rule 17, Section 1 of the Rules of Court, in view of the
previous dismissal of the first case.

a. Was the RTC correct in granting the motion to dismiss on the ground of lack of jurisdiction over the person of the defendant?

b. Will the two-dismissal rule apply making the second dismissal with prejudice?
 V.

A purchased a lot from B for P1,500,000.00. He gave a down payment of P500,000.00, signed a promissory note payable thirty
days after date, and as a security for the settlement of the obligation, mortgaged the same lot to B. When the note fell due and
A failed to pay, B commenced suit to recover from A the balance of P1,000,000.00. After securing a favorable judgment on his
claim, B brought another action against A before the same court to foreclose the mortgage. A now files a motion to dismiss the
second action on the ground of bar by prior judgment. Rule on the motion.

VI.

When A (buyer) failed to pay the remaining balance of the contract price after it became due and demandable, B (seller) sued
him for collection before the RTC. After both parties submitted their respective evidence, A perished in a plane accident.
Consequently, his heirs brought an action for the settlement of his estate and moved for the dismissal of the collection suit.
A. Will you grant the motion? Explain.
B. Will your answer be the same if A died while the case is already on appeal to the Court of Appeals? Explain.
C. In the same case, what is the effect if B died before the RTC has rendered judgment?

VII.

X, a resident of Angeles City, borrowed P300.000.00 from A, a resident of Pasay City. In the loan agreement, the parties stipulated
that “the parties agree to sue and be sued in the City of Manila.”

A. In case of non-payment of the loan, can A file his complaint to collect the loan from X in Angeles City?
B. Suppose the parties did not stipulate in the loan agreement as to the venue, where can A file his complaint against X?
C. Suppose the parties stipulated in their loan agreement that Venue for all suits arising from this contract shall be the courts in
Quezon City," can A file his complaint against X in Pasay City?

VIII.

On May 12. 2005, the plaintiff filed a complaint in the Regional Trial Court of Quezon City for the collection of P250,000.00. The
defendant filed a motion to dismiss the complaint on the ground that the court had no jurisdiction over the action since the
claimed amount of P250.000.00 is within the exclusive jurisdiction of the Metropolitan Trial Court of Quezon City. Before the
court could resolve the motion, the plaintiff, without leave of court, amended his complaint to allege a new cause of action
consisting in the inclusion of an additional amount of P200,000.00, thereby increasing his total claim to P450,000.00. The plaintiff
thereafter filed his opposition to the motion to dismiss, claiming that the Regional Trial Court had jurisdiction over his action.
Rule on the motion of the defendant with reasons.

IX.

As counsel for A, B, C and D. Atty. XY prepared a complaint for recovery of possession of a parcel of land against Z. Before filing
the complaint, XY discovered that his clients were not available to sign the certification of non-forum shopping. To avoid further
delays in the filing of the complaint, XY signed the certification and immediately filed the complaint in court. Is XY Justified in
signing the certification? Why?

X.

A. What are the available remedies of a party declared in default?

B. What are the essential requisites of Res Judicata?
C. What are the requisites of a class suit?
D. What are the pleadings allowed in ordinary civil actions? Small claims cases? Summary Proceedings?
E. Distinguish Cause of Action from Right of Action.
HI,

This mock exam has two purposes, one as a reviewer for the upcoming midterm exams and as a sort of preview of what to expect.
I know you are busy and probably won’t have time to do this and that it’s why I am not forcing you. But if you have at least 2
hours of your precious time I am asking you to consider this.

Boxers do not fight in the ring without having proper training. One of which is sparring. He simulates his plan against his opponent
through a sparring mate. He absorb would be blows so come fight night he is ready against his opponent. Needless to say, it’s
better to fail in practice rather than in the actual fight.

One of the reasons students fail in his exams is the 2 hour limit. Many of them were not able to answer all the questions in the
exams due to the time limit. So I practiced few days before the exams and the day of the exam itself with the use of a timer or an
alarm and as a result I was able to finish it 5 minutes before the time expired.

Here are some tips which I personally did:

a. Maintain up to three X’s only. One question or sub question is either a check or an X.
b. DO not alter or tear your booklet.
C. 3 or 4 paragraphs will do. One page per question/sub-question is ideal.
D. Try as much as possible to avoid erasures especially the first page.
E. Most importantly, please be responsive to the question. Use keywords. (for example in venue as to stipulations: the keyword
or term is words of exclusivity. It’s fine with him. But please do not forget to include your legal basis.

If you want to know the answers, I can email you the answer key.
If you have questions, do not hesitate to ask me.
I am sorry about this. I sincerely apologize if I may have offended you with this. But this is the only way I could think of helping
you aside of course from praying.

N.B.

Applying the Pareto Principle, here are the provisions or rules I prioritized.
Rule 1 (Sec 4-5)
Rule 2 (Sec 2-6)
Rule 3 (Sec 2, 6-9, 11-12, 16, 20-21)
Rule 4 (Sec 1-4)
Rule 9 (Sec 1, 3)
Rule 10 (Sec 1-2. 5, 8)
Rule 14 (sec 6-7, 14-16, 20)
Rule 16 (sec 1, 4-5)
Rule 17 (sec 1-3)
Rule 18 (Sec 5)

BP 129 (RA 7691) Sec 19-23, 32-36

I have been using this principle for 2 years and so far so good. But I am not saying you should limit yourself with this. I was under
the presumption with all the topics that we may have discussed that there might be a chance that a section or two you may miss
out. I am just reminding it.

Good luck and may the odds be in our favor,

Phillip