Habatha Tahani Al Shani

JD1/Civil Procedure/Final Examination

1. If I were the counsel of Jaypee, provided in the rules of court on civil procedure, as a remedy I will file
a motion for certiorari and prohibition to prevent the immediate execution of the Judgment. Here, there
is already a judgment, and a judgment can no longer be revocked, as a remedy and as the councel of
Jaypee, I will file a motion for certiorari for the higher court to review the judgment and prohibition to
stop a certain action. Hence, as a councel of my client, I will file a motion for certiorari an prohibition.

2. A. If I were Maria's counsel I will advice her to file an action on Ejectment suit against the Tenant.
Here, there is a contract involved, and the Tenant can no longer uphold the contract since he already
failed to pay the 5 months rent, therefore the tenant should pay and vacade the property or pay the 5
months due with interest. Hence, the proper remedy is to file an action of ejectment suit.

B. The proper venue of the Judicial remedy to be filed is at MTC Las Pinas City or Las Pinas City where
the property is located.

C. I will start the reckon on the day Maria will filed an action againts the tenant to properly observe the
reglamentary an prescriptive period o the action.

3. A party can file a second motion for reconsideration on a final order, not on a final judgment.
According to the rules of court on civil procedure, Motion for reconsideration is made before the final
judgment. A final judgment is irevocable. Hence, a party can file a second motion for reconsideration
after a final order and before the final judgment.

4. As to this case, there is a clear counterclaim on the parties. If I were to resolved the two motions, I
will grant Modesto the relief he pray less the money he owes to Ernesto. I will Order Ernesto to pay the
sum of money to Modesto less the money Modesto owed on him. As they say, you go to court with
clean hands.

5. Yes, the motion to declare Laura in default should be granted. Here, Louie as the plaintiff already filed
his action on unlawful detainer against Laura, and Laura on the other hand failed to answer the
complaint against him on the reglamentary period. According to the rules of court on civil procedure,
failure of the defendant to answer the compalint againts him on the prescribed or reglamentry period
will result for him to be in default an will no longe to participate on th trial. Hence, the motion to declare
Laura in default should be granted.

6. In Civil case there is no demurrer of evidence but instead it is a motion to dismmissed the case and it
is when there is no enough evidence to warrant the conviction of the defendant and with leave of court
while in criminal case a Demurrer of evidence is done after the presentation of evidence of the
prosecution done with or without leave of court.

7. The court should not grant the motion for reconsideration of Mercedes. First it is on the part of
Mercedes who had a dishonored check, according to the rules of law in civil code, a check will not be
considered as payment until it is not yet converted into cash or money. Here, Mercedes check was
dishonored that prompt Benjamin to file an action. As to this case, Benjamin also spend on paying fees
on his suit against, Mercedes and they should inform the proper court about their agreement regarding
the bag as payment. Therefor, Mercedes should not ask a relief for her expenses on fees she spend on
answering the complaint against her and thee court should not grant the said motion for
reconsideration.

8. No, Yana can not invoke the Two Dismissal Role. Here it was not the court but Agatha who have filed
first notice of dismissal realizing the error on jurisdiction in filing the action. Hence, Yana cannot invoke
the Two Dismissal Role.

9. Yes, the court may dismiss the complaint on the ground of prescription. Collection of sum of money
and other civil actions hav proper prescriptive period a provided in th rules of cour in civil procedure.
Hence, the court can dismiss an action for the ground of prescription.

10. A. Yes, there is a valid service of summons on Charlie. The summon served as substituted summon,
received by her secretary who is a legal age and on his workplace. Hence, the servic of summon for
Charlie is valid.

B. If Charlie was declared in default, he will no longer be allowed to participate during the trial. As
a relief, he can wait for the judgment and file a motion for certiorari for his case to be reviewed.
11. No, there is no valid substituted summon in this case. For a valid substituted summon, the person to
received should be living in the same hous of the defendant and should be a natural and juridical person
of legal age. Here, the person who received othe summon was only a high school student. Therefore
there is no valid substituted summon in this case.

12. Yes, the motion should be granted. Here, it was a pre trial not the trial proper. Therefore the counsel
of the defendant can still moves for an amendment of trial order, as it was vital on th defense of his
client. Hence, the motion should be granted.

13. The viatory right of a witness are the rights provided by the constitution especially for his or her
protection as well as his or her family. And this rights can be invoke the moment he or she agreed and
take an oath to be a witness.