John Wesley School of Law and Governance
Cabanatuan City, Nueva Ecija
FINAL EXAMINATION in CIVIL PROCEDURE I
2nd Semester, A.Y. 2022-2023
June 30, 2023
By: JUDGE MERVIN JOVITO S. SAMADAN
INSTRUCTIONS
1. Read each question very carefully and write your answers in your
Notebook in the same order the questions are posed. Write your answers
only on the front, not the backpage of every sheet in your Notebook.
2. A mere "Yes" or "No" answer without any corresponding explanation or
discussion will not be given any credit. Thus, always briefly but fully
explain your answers although the question does not expressly ask for an
explanation. At the same time, remember that a complete explanation
does not require that you volunteer information or discuss legal
doctrines that are not necessary or pertinent to the solution to the
problem. You do not need to re-write or repeat the question in your
Notebook.
1. Plaintiff Lapitan filed with the CFl a complaint against Scandia Inc. for
rescission of contract and for damages of P8,735. The complaint alleges
that Plaintiff bought from Defendant a 16-horsepower ABC diesel
engine for P3,735; that he bought the same for running a rice and corn
mill; that Defendant had warranted that all spare parts for said engine
are kept in stock in its stores; that the cam rocker of the engine broke
down due to faulty workmanship; that it took 2 months for Defendant
to send him a replacement part; and that the new part soon broke
down again. Plaintiff prayed for the rescission of the contract, the
reimbursement of the price, and actual damages of P4,000. After filing
its answer disclaiming liability, the Defendant moved to dismiss the
complaint on the ground of lack of jurisdiction since the amount
claimed, P8,735, is below the jurisdictional amount of P10,0000 and
thus within the jurisdiction of the municipal court. Should the trial
court grant the motion to dismiss? (10 pts.)
Answer: No. The subject matter of actions for rescission of contracts is
not capable of pecuniary estimation. If an action is primarily for the
recovery of a sum of money, it is one capable of pecuniary estimation.
However where the basic issue is something other than the right to
recover a sum of money, or where the money claim is purely incidental
to, or a consequence of, the principal relief sought, the action would be
one incapable of pecuniary estimation. No award for damages may be
had in an action for rescission without first conducting an inquiry into
matters which would justify the setting aside of a contract. (Lapitan v.
Scandia, Inc., 24 SCRA 479 [1968]). It should be noted that the trial
court had to inquire into specific facts, i.e., whether sufficient stock of
spare parts was kept by Defendant, in order to determine whether
Plaintiff was entitled to relief.
2. P filed an action for collection against A. A filed his answer. P. then
filed a motion to admit amended complaint including B as defendant.
The court admitted the amended complaint. When is the action
deemed commenced against B? (10 pts.)
Answer. From the filing of the amended complaint ($5 R1). In fact,
even if the motion to admit was denied, the action was deemed
commenced against B and thus the prescriptive period had already
been interrupted. (Id.). However upon the finality of the order denying
the motion to admit amended complaint, the prescriptive period
would start to run again. P should now file the action to collect against
B, assuming there is no res judicata, within the balance of the period.
3. P purportedly sold a parcel of land to D. Later, P claimed that what he
signed was a document captioned Lease Contract and not a deed of
sale. P then filed a complaint against D and M, to whom D sold the
property. In their answer, D and M attached the purported deed of
sale. P did not file a reply specifically denying under oath the deed of
sale. During the trial, can P be allowed to testify that what he actually
signed was a lease contract and not a deed of sale? (10 pts.)
Answer. Yes. Failure to deny the genuineness and due execution of an
actionable document does not preclude a party from arguing against
it by evidence of fraud, mistake, compromise, payment, statute of
limitations, estoppel and want of consideration. (Acabal v. Acabal, 31
March 2005, Carpio Morales, J.). Here P's evidence to the effect that
what he actually signed was a lease contract and not a deed of sale is
evidence of mistake or fraud.
4. Plaintiff filed a complaint against the defendant. The defendant filed a
motion to dismiss. The plaintiff, without prior leave, filed and served
a notice to take deposition upon the defendant and the person to be
deposed, and the deposition was subsequently taken. May such
deposition be given probative value? (10 pts.)
Answer. No. A deposition which did not comply with S1 R23 may not
be given probative value. Here the deposition should have been taken
with leave of court since the defendant has not yet served an answer.
(Georg v. Holy Trinity College, 20 July 2016, Perez, J.).
5. Carlos filed a complaint against Pedro in the Regional Trial Court of
Ozamis City for the recovery of the ownership of a car. Pedro filed his
answer within the reglementary period. After the pre-trial and actual
trial, and after Carlos has completed the presentation of his evidence,
Pedro moved for the dismissal of the complaint on the ground that
under the facts proven and the law applicable to the case, Carlos is not
entitled to the ownership of the car. The Regional Trial Court granted
the motion for dismissal. Carlos appealed the order of dismissal and
the appellate court reversed the order of the trial court. Thereafter,
Pedro filed a motion with the Regional Trial Court asking the latter to
allow him to present his evidence. Carlos objected to the presentation
of evidence by Pedro. Should the Regional Trial Court grant Pedro's
motion to present his evidence? Why? (10 pts.)
Answer. No. Under S1 R33, if a demurrer to evidence is granted and
on appeal the order of dismissal is reversed, the movant shall be
deemed to have waived the right to present evidence. Here, Pedro filed
a demurrer to evidence by moving for dismissal, after Carlos had
completed the presentation of is evidence, on the ground that under
the facts and law Carlos is not entitled to relief. Hence when the order
of dismissal was reversed on appeal, Pedro is deemed to have waived
his right to present evidence and thus the Regional Trial Court should
not grant Pedros' motion to present evidence.
6. Plaintiff sues defendant for collection of a promissory note in the
amount of P700,000. Defendant files his answer setting forth the
affirmative defense of payment. Defendant has a cancelled check in the
amount of P700,000 and a written receipt in full signed by the plaintiff.
If you were the lawyer for the defendant, what procedural device
would you employ in behalf of the defendant in order to obtain an
expeditions result in his favor? (10 pts.)
Answer: The procedural device I would employ in behalf of the
defendant is to file a motion for summary judgment. I would support
the motion with the defendant's affidavit, attaching thereto the
cancelled check and receipt. A full-blown trial would be avoided by
the defendant since it is clear that the debt had been paid and that the
cross-examination of the defendant would be futile.
7. May the trial court order execution pending appeal even after it has
lost jurisdiction over the case/subject matter of the record on appeal?
(10 pts.)
Answer: Yes, provided that a motion for execution pending appeal
was filed with the trial court before it lost jurisdiction and provided
the order is issued prior to the transmittal of the original record or
record on appeal. (S9 R41 in relation to S2 R39).
8. D was convicted by the Regional Trial Court of the crime of estafa and
sentenced to prision mayor. He wants to appeal the judgment of
conviction on a pure question of law. To what court should he take his
appeal? (10 pts.)
Answer: To the Court of Appeals. The provision allowing direct
appeal to the Supreme Court on pure question/s of law does not apply
to a judgment of conviction in a criminal case. What governs here is
Section 3 of Rule 122. (Tan v. People, 381 SCRA 75).
9. Does the Court of Appeals have the power to try cases and conduct
hearings, receive evidence and perform acts necessary to resolve
factual issues? (10 pts.)
Answer: Under Section 9 of B.P. Blg. 129, the Court of Appeals has the
power to try cases and conduct hearings, receive evidence, and
perform acts necessary to resolve factual issues in cases falling within
its original and appellate jurisdiction, including the power to grant and
conduct new trials or further proceedings. The Supreme Court
however has held that the CA's power to receive evidence is qualified
by the CA's internal rules. Hence in accordance with such rules, in
appeals in civil cases, the CA may receive evidence only when it grants
a new trial based on newly-discovered evidence. (Crispino v. Tansay,
5 Dec 2016, Leonen, J.).
10.P received an adverse decision of the CA on 2 September 2005. P thus
had until 19 September 2005 within which to file his petition for review
on certiorari since 17 September 2005 was a Saturday. On 16 September
2005 P filed a motion for a 30-day extension to file his petition. The
same was granted by the SC. Up to when may P file the petition? (10
pts.)
Answer. Up to 17 October 2005. A.M. No. 00-2-14-SC provides that any
extension of time granted by a court should be computed from the
expiration of the Iseg original period, regardless of the fact that said
osj expiry date falls on a Saturday, Sunday, or legal 1o holiday. Hence
the 30-day extension should be reckoned from 17 September and not
19 September.