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B. EXAM QUESTION/ TASK

Exam question/task No. 1 (50 pts): Make a comprehensive flow chart illustrating the process

found in the rules of civil procedure from the time a cause of action arises until a decision is

executed. The flow chart must reflect the point of view of both plaintiff and defendant, and must

cover all the rules.

YES NO

YES NO

ANSWER

MOTION FOREXPARTE

(SET FOR TRIAL)

MOTION TO DISMISS

YES NO (DENIED)

CASE IS FINISH

CONCILIATION PROCESS AT LUPONG TAGAPAMAYAPA

COMPLAINT (Is Complaint Sufficient?)

REPLY ANSWER TO THE

COUNTER-CLAIM

CAUSE OF ACTION

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P & D

3 DAYS PT 5 DAYS PT 5 DAYS BY PT

OR

YES NO

PRE-TRIAL

FILING OF PRE-TRIAL BRIEF JUDICIAL

AFFIDAVIT DOC/ EVIDENCE

(MARKING)

PRE- TRIAL

MEDIATION (Philippine Mediation Center)

JUDICIAL DISPUTE

RESOLUTION (JDR)

DISMISSED OR

ACHIEVED

PRE- TRIAL

ORDER

TRIAL (determine and resolve the factual

issues)

ISSUES:

DETERMINE IF

THERE IS

FACTUAL

(GENUINE)

ISSUES

LEGAL

ISSUES

JUDGEMENT ON

THE PLEADINGS

(ADMITTED

W/OUT DEFESE)

GRANTED

DISMISSED

(YES)

RELIEF

GRANTED

DISCOVERY METHODS (which can

also be done during trials)

SUMMARY

JUDGEMENT

CAN MOVE FOR MOTION

EX PARTE

(NO)

DISMISSED

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Defendant shall then adduce evidence in support of his defense,

counterclaim, cross-claim and third-party complaint

Plaintiff shall adduce evidence in support of his complaint

Upon admission of the evidence, the case shall be deemed submitted

for decision, unless court directs the parties to argue or to submit

their respective memoranda or any further pleadings

Third party defendant, if any, shall adduce evidence of his defense,

counterclaim, cross-claim and fourth-party complaint

Parties may then respectively adduce rebutting evidence only, unless the

court, unless the court, for good reasons and in the furtherance of justice,

permits them to adduce evidence upon their original case

Parties against whom any counterclaim or cross-claim has been

pleaded, shall adduce evidence in support of their defense, in

the order to be prescribed by the court

Fourth party, and so forth, if any, shall adduce evidence of the material

facts pleaded by them

TRIAL

JUDGMENT

BEFORE FINALITY 1. Motion for Reconsideration (MR) 2. Motion for New Trial (MNT) 3. Appeal

EXECUTION (DISCRETIONARY OR AS

MATTER OF RIGHT)

SATISFACTION

POST-

JUDGMENT

REMEDIES

AFTER FINALITY 1. Petition for relief 2. Annulment of judgment 3. Certiorari

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FLOW CHART OF PRESENTATION OF EVIDENCE

1. COMPLAINT

2. SUMMONS 3. RESPONSIVE

PLEADING 4. PRE-TRIAL

5. PLAINTIFF PRESENTS HIS

EVIDENCE IN CHIEF

Bill of Particulars Motion to Dismiss

SUMMARY PLEADING

TRIAL PROPER

16. DEFENDANT

PRESENTS SUR-

REBUTTAL

EVIDENCE

19. POST-

JUDGMENT

REMEDIES

6. FOE (TESTIMONIAL

EVIDENCE) MAKING AND

IDENTIFICATION OF

DOCUMENTARY AND REAL

EVIDENCE

7. PLAINTIFF‘S

FOE

8. DEFENDANTS

COMMENT/OBJEC

TION TO

PLAINTIFF FOE

Where you can file demurrer of evidence

9. COURT

DECISION

10. DEFENDANT’S

PRESENTATION

OF EVIDENCE

11. SAME STEPS

AS NO. 6,7,8,9

PLAINTIFF CAN FILE MOTION TO DEMURER

ONLY IF BASED OR PERMISSIVE COUNTER CLAIM

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PLAINTIFF’S

REBUTTAL OF

EVIDENCE

13. PLAINTIFF

FILES FOE

14. DEFENDANT

FILES COMMENT/

OBJECTION

15. COURTS

DECISION FOR

ADMISSION OF

EVIDENCE

17. COURTS DECISION

ON ADMISSIBILITY OF

DEFENDANT’S

EVIDENCE

18. FINAL

DECISION OR

JUDGEMENT

*Step Nos. 12-17 is optional by the trial court

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Exam question/ task No. 2 (30 pts): Please refer to the attached pdf file containing a complaint in PDF. Answer the following questions and do the following pleadings: 2.1 - What is wrong with the Complaint? 2.2 - If you were the defendant? What is the appropriate Responsive pleading or Remedy to or against this Complaint? Kindly draft and submit such pleading. 2.1

Improper Venue. The Rules of Court provides that a complaint cognizable by the Regional Trial Court should be filed in the RTC of the place where the plaintiff or the defendant resides, at the option of the plaintiff in case of action in personam; and in the area wherein the real property involved is situated, if it was an action in rem. In this case, neither the plaintiffs nor the defendants live in Las Pinas and neither the property involved situated in Las Pinas. The corporation’s principal office is at San Mateo Rizal; the representative of the Corporation, Mr. Joey Konte resides in Cabuyao Laguna and the property involved is located in Binan Laguna. A complaint for sum of money, as in this case is an action in personam. However, with a writ of attachment, the action becomes one in quasi in rem. This transformation of the nature of the action dispenses with the need for acquiring jurisdiction over the person of the defendant. Since attachment is directed against the property of the defendant, the court may validly proceed with the action as long as jurisdiction over the property is acquired. The subject property in this case is located in Binan, Laguna.

Since the address of the defendants is not mentioned in the pleadings, there is doubt as to whether the summons is properly served to them.

CAPTION is defective because it did not mention the Branch No. of the court which acquires jurisdiction over the case.

TITLE is defective. Mr. JOEY KANTO must be included as defendants also. He is a real-party-in interest because he has been authorized to represent the ABCDEF Corporation as evidenced by the Secretary’s Certificate. Also, the docket number assigned must be included.

The allegations is insufficient because it did not mention whether the debt is now due and demandable and there was no demand letter attached to prove that demands were actually made to the defendants.

One of the requisites for the issuance of an order of preliminary attachment is an Affidavit. It must be duly filed with the court before the order of attachment can be issued (Rule 57, Section 3, Rules of Court). The complaint, having been filed without the necessary affidavit, is fatally defective and shall be dismissed. Without this

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affidavit, the complaint is considered as an unsigned pleading and hence, produces no legal effect.

Verification and certificate of non-forum shopping is clearly misplaced, it is not required by law. Instead of this, an affidavit as mentioned above is required.

The pleading lacks of the name of the counsel, his Roll of Attorney No., IBP No., PTR

No., MCLE Compliance No. and its corresponding date and place of issuances. JURAT is fatally defective. Community Tax Certificate CTC / Cedula is NOT a

“Competent Evidence of Identity” since it does not contain any photograph of the person and may be easily obtained without any supporting documents.

2.2 I WILL FILE A MOTION TO DISMISS.

REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT

SAN MATEO, RIZAL BRANCH 11

ABCDEF, Inc., as represented by MR. JOEY KONTE Plaintiffs,

CIVIL CASE No. 123456

-versus- For: Sum of Money with Application for Preliminary Attachment

Spouses EDILBERTO XXXXXXXX and MYRNA XXXXXXXX, Defendants. x------------------------------------------------------------------------------------------x

MOTION TO DISMISS

COMES NOW the defendant, by undersigned counsel, and unto this Honorable Court

respectfully moves to dismiss the plaintiff's complaint on the following grounds:

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1. That the venue is improperly laid; and 3. That the condition precedent for filing the action has not been complied with.

ARGUMENTS

A. That the venue is improperly laid: The Rules of Court provides that a complaint cognizable by the Regional Trial Court

should be filed in the RTC of the place where the plaintiff or the defendant resides, at the option of the plaintiff in case of action in personam; and in the area wherein the real property involved is situated, if it was an action in rem.

In this case, neither the plaintiffs nor the defendants live in Las Pinas and neither

the property involved situated in Las Pinas. The corporation’s principal office is at San Mateo Rizal; the representative of the Corporation, Mr. Joey Konte resides in Cabuyao Laguna and the property involved is located in Binan Laguna. With a writ of attachment, the action becomes one in quasi in rem. This transformation of the nature of the action dispenses with the need for acquiring jurisdiction over the person of the defendant. Since attachment is directed against the property of the defendant, the court may validly proceed with the action as long as jurisdiction over the property is acquired. The subject property in this case is located in Binan, Laguna.

B. That the condition precedent for filing the action has not been complied with. One of the requisites for the issuance of an order of preliminary attachment is an

Affidavit. It must be duly filed with the court before the order of attachment can be issued (Rule 57, Section 3, Rules of Court). The complaint, having been filed without the necessary affidavit, is fatally defective and shall be dismissed.

PRAYER

WHEREFORE, in view of all the foregoing, the undersigned counsel respectfully

prays that plaintiff's complaint be dismissed with costs against the plaintiff.

Other reliefs just and equitable are likewise prayed for. San Mateo, Rizal June 15, 2013

Counsel for the Defendant: PRELLE LAW OFFICE Counsel for Defendants 2nd Floor EBC Building San Mateo, Rizal

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For the Firm: Pretty Prelle Roll of Attorney No. 19192 IBP No. 4321/14/Manila PTR No. 67854/1-5 14/Manila MCLE Compliance No. IV- 12/19/13 Laguna

REQUEST FOR & NOTICE F HEARING

THE BRANCH CLERK OF COURT REGIONAL TRIAL COURT SAN MATEO, RIZAL BRANCH 11 TO : Atty. Finals Civpro Attorney for Plaintiff Please take notice that the foregoing Motion will be submitted, and is submitted to the Court, for its consideration and approval on Monday, 2 December 2013 at 9:00 am. Please take notice that counsel has requested to be heard on Friday, June 24, 2013 at 2:00 in the afternoon. Atty. Pretty Prelle Counsel for the defendant

PROOF OF SERVICE (THRU PERSONAL SERVICE)

I, Juana Tamad, Filipino, of legal age, single and with office address at No.1O, Ideal St. Brgy. Addition Hills, San Mateo, Rizal, after being duly sworn, do hereby depose and say: 1. That I am a secretary in the law firm GROUP 1 Associates Law Offices, counsel for petitioner in CIVIL CASE NO. 123456 entitled ABCDEF Inc. vs Spouses Edilberto XXXXXXXX and Myrna XXXXXXX, 2. That today, January 16, 2013, I have served a copy of the said notice of hearing to the respondent/s at their respective address, as follows:

ABCDEF Inc, through Mr. Joey Konte at his office address at No. 1234 Compound, TREE Street, Guitnangbayan I, San Mateo Rizal, by leaving copy of the

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said Notice of Hearing in his respective office with the person having charge thereof who acknowledged receipt thereof, as evidenced by their signature appearing opposite their names on the last page of the notice of hearing.

3. That I execute this affidavit to attest to the truth of the foregoing and to comply with the requirement of the Revised Rules of Court in the Philippines regarding proof of service. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of January 2013, in San Mateo, Rizal

________________________ Juana Tamad Affiant

SUBSCRIBED and SWORN TO before me this 16th June of 2013, at Mandaluyong City, Philippines, affiant exhibiting to me her SSS ID No.12345 issued on 9th day of January 2011, at Mandaluyong City, Philippines. NOTARY PUBLIC Doc. No. __________ Page No. __________ Book No. __________ Series of 2014

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Exam question/task No. 3 (10pts): What is a verification? What pleadings require a verification to be attached to it? Draft and submit a sample Verification.

Pleadings are verified by an affidavit. This affidavit declares that the (1) affiant has read the pleading; and (2) allegations therein are true and correct based on authentic records (See Rule 7, Section 4).

Not all pleadings need to be verified. However, all pleadings covered by the Revised

Rules on Summary Procedure shall be verified. The following pleadings should be verified. 1. Petition for relief from judgment 2. Petition for review from the RTCs to the CA 3. Petition for review from the CTA and quasi-judicial agencies to the CA 4. Appeal by certiorari from the CA to the SC 5. Petition for annulment of judgments or final orders and resolutions 6. Complaint for injunction 7. Application for appointment of receiver 8. Application for support pendent lite 9. Petition for certiorari against the judgments, final orders or resolutions of

constitutional commissions 10. Petition for certiorari, prohibition, mandamus, quo warranto 11. Complaint for expropriation 12. Complaint for forcible entry or unlawful detainer 13. Petition for appointment of general guardian 14. Petition for indirect contempt 15. Petition for leave to sell or encumber property of an estate by a guardian 16. Petition for the declaration of competency of a ward 17. Petition for habeas corpus 18. Petition for change of name 19. Petition for voluntary judicial dissolution of a corporation 20. Petition for correction or cancellation of entries in the Civil Registry

A pleading required to be verified but lacks proper verification shall be treated as an unsigned pleading. Hence, it produces no legal effect.

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SAMPLE VERIFICATION

VERIFICATION Republic of the Philippines ) Quezon City ) s.s. I, PRETTY PEARL, after having been duly sworn in accordance with law, deposes and states that: 1. I am the plaintiff in the instant case; 2. I have read the foregoing complaint and the allegations therein are true and correct of my own knowledge and/or based on authentic record on hand; 3. I attest to the authenticity of the annexes thereof.

PRETTY PEARL Plaintiff

SUBSCRIBED and SWORN TO before me this 9th of January 2014, at Quezon City, Philippines, affiant exhibiting to me her Passport ID No. EB123456 issued on 12th day of January 2012, at Manila City, Philippines. NOTARY PUBLIC Doc. No. __________ Page No. __________ Book No. __________ Series of 2014

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Exam Question/ Task No. 4 (5pts) 4.1 What pleadings need to be filed in 5 days or less? 4.2 What pleadings needs to be filed within 10 days or less? 4.3 What pleadings needs to be filed within 15 days or less?

4.1 PLEADINGS NEED TO BE FILED IN 5 DAYS OR LESS

Answer to a denied motion to dismiss Within the balance of the period prescribed by the Rule to which he was entitled at the time of serving his motion, but not less than 5 days in any event, computed from receipt of notice of the denial.

Responsive pleading after service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion

Within the period to which he was entitled at the time of filing his motion, which shall not be less than 5 days in any event

4.2 PLEADINGS NEED TO BE FILED WITHIN 10 DAYS OR LESS

Answer to amended complaint (Not a matter of Right)*

Within 10 days counted from notice of the court order admitting the same (Section 3, Rule 11)

Answer to amended counterclaim, amended cross-claim, amended third (fourth, etc.)—party complaint, and amended complaint-in-intervention (not a matter of Right)*

Within 10 days counted from notice of the court order admitting the same (Section 3, Rule 11)

Answer to counterclaim or cross-claim Within 10 days from service (Section 4, Rule 11) Answer to third (fourth, etc.) party complaint

Same rule as the answer to the complaint (Section 5, Rule 11)

Answer to supplemental complaint *The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed.

Within 10 days from notice of order admitting the same unless a different period is fixed by the court (Section 7, Rule 11)

Reply Within 10 days from service of the pleading responded to.

4.3 PLEADINGS NEED TO BE FILED WITHIN 15 DAYS OR LESS

Answer to an original complaint Within 15 days after service of summons, unless a different is fixed by the court (Section 1, Rule 11)

Answer to amended complaint (Matter of Right)*

Within 15 days from service of amended complaint (Section 3, Rule 11)

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Answer to amended counterclaim, amended cross-claim, amended third (fourth, etc.)—party complaint, and amended complaint-in-intervention (Matter of Right)*

Within 15 days from service of amended complaint (Section 3, Rule 11)

Exam Question/ Task No. 5 (5pts): Differentiate a Summary Judgment vs. a Judgment on the Pleadings?

Judgment on the Pleadings

Summary Judgment

Absence of a factual issue in the case because the answer tenders no issue at all

Involves an issue, but the issue is not genuine (the issue is only as to the amount of damages but not as to any material fact)

Filed by the claiming party like plaintiff or counter-claimant

May be filed by either the claiming or the defending party

Based on the pleadings alone Based on the pleadings, affidavits, depositions and admissions

Only a three-day notice to the adverse party is required prior to the date of hearing in a motion for judgment on the pleadings based on the regular rules on motions

A ten-day notice to the adverse party is required in a motion for summary judgment. The adverse party in turn may serve opposing affidavits, depositions or admissions at least three days before the hearing