Final Exams 3 points 4 points Final Exam Your email will be recorded when you submit this form

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maruby.bagsit@g.batstate-u.edu.ph? Switch account * Required Plaintiff filed a replevin case against
defendant and applied for the delivery of the subject personal property to him at the commencement of
the action. Can the court grant such application? Explain your answer. * No. The court grant such
application. Replevin is the provisional remedy seeking for the possession of a personal property of and
adverse party either at the commencement of the action or at anytime thereafter. This application
cannot be granted because the action applied for is not possession, but mere delivery. When will the
Court-Annexed Mediation and Judicial Dispute Resolution be conducted? * Court-Annexed Mediation
and Judicial Dispute Resolution be conducted shall be conducted after pre-trial and after issues are
joined not exceeding thirty (30) calendar days without extension. 4 points 3 points 5 points ABC Security
and Investigation Corporation, a security agency, filed a sum of money with damages against Arigato, a
Japanese national, for failure of the latter to pay the salaries of the security guards posted at his house
as per the Contract of Security executed between them. The complaint included a prayer for the
issuance of preliminary attachment over Arigato’s condominium property. If you were the judge, would
you grant the prayer for issuance of preliminary attachment? Explain your answer. * NO. As a judge, I
will not grant the prayer of issuance of preliminary attachment because the amount unpaid salaries of
the security guards is immaterial as compared with market value of a condominium property. Also, the
instant case did not state if Arigato fraudulently did not pay the salaries. Marian filed an action for
declaration of void marriage against Dingdong under Article 36 of the Family Court. Can she ask for
support pendente lite for herself and their 2 children as provisional remedy? Explain your answer. * Yes.
Support pendente lite is the provisional remedy available to Marian for the court to order her spouse to
support her and their common children during the pendency of the action for declaration of void
marriage filed by her against her erring spouse. Distinguish and characterize the concept of “equity of
redemption” available in Judicial Foreclosure and "redemption" under Rule 39. * Equity of redemption is
the right of the defendant-mortgagor to cancel the mortgage and retain the ownership over the
property by paying the balance of the secured debt after entry of judgment or after the foreclosure sale
provided that is is prior to confirmation. On the other hand, Redemption under Rule 39 is the right of
the debtor, his successor-ininterest or any other judicial creditor of the said debtor to have lien over the
property subsequent to the mortgage. 5 points 5 points Atty. X received a copy of the RTC’s decision in a
civil case where he is the plaintiff’s counsel. The decision is not favorable to his client. Later that day
while Atty. X was on his way to the parking lot of the RTC, he saw Judge W (who rendered the decision)
about to go inside his car. Atty. X went to Judge W and angrily shouted “How could you Judge? My
client’s case is meritorious. You even mentioned that to me during the pre-trial stage. You should be
removed from office.” Thereafter, Atty. X went off. If you were Judge W, would you cite Atty. X in direct
contempt in the case pending before your sala? Explain your answer. * Yes. Being Judge W, I would cite
the act of Atty. X a direct contempt because he committed an act which tends to belittle, degrade,
embarrass, and obstruct the court and justice in front of me, a judge. You are the assistant division head
of the Department of Economic Research – Domestic with the Bangko Sentral ng Pilipinas. You have a
pending application for the position of Division Head in the same department. You and Juan dela Cruz,
also an assistant division head but from another department at the BSP, are the contenders. On
September 7, 2019, it was Juan dela Cruz who was appointed to the position. On June 1, 2020, you
discovered that the civil service eligibility (professional) of Juan was faked. No record of him taking the
civil service exams appears at the Civil Service Commission. Can you institute a special civil action of quo
warranto to challenge the eligibility of Juan? Explain your answer. * Your answer 3 points 2 points 6
points Lessor filed an unlawful detainer case before the MTC of Batangas City against the Lessee for
failure to pay the rentals due despite repeated demands. Lessor secured a favorable judgment and the
Lessee filed an appeal before the RTC. (a) While the Lessee’s appeal is pending before the RTC, can
Lessor apply for execution of the MTC decision pending appeal? Why or why not? Explain your answer. *
Your answer In relation to the preceding question: (b) Suppose the RTC denied Lessee’s appeal, what is
the legal remedy available to him? Explain your answer. * Your answer Plaintiff filed an action to recover
ownership of a parcel of land against defendant before the Regional Trial Court of Batangas City.
Defendant who was in possession of the subject property was constructing his house therein. In his
complaint, plaintiff applied for the issuance of TRO and writ of preliminary injunction to stop defendant
from continuing erecting any improvement over the property. If you were the judge, how would you
resolve the prayer for TRO? What are the steps that you are going to take before resolving the
application for TRO/injunction? * Your answer 4 points 3 points 3 points 2 points Pedro discovered that
his property Lot A covered by TCT No. 12345 and Tax Declaration No. 678 (with assessed value of Php
15,000.00 located at Batangas City) was also covered by Tax Declaration No. 901. He asked for your legal
advice as to what action he could file. What case should Pedro file to protect his rights? Explain your
answer. * Your answer In relation to the previous question, at what court will you file the case? (Pedro's
case) Explain. * Your answer A motorcyclist was involved in a collision with a truck. The motorcyclist
sued the truck driver for damage to the motorcycle. The court entered judgment in favor of the truck
driver which then became final and executory. What is the effect of this judgment? * Your answer In
relation to the previous question. The motorcyclist thereafter sued the company that employed the
driver and owned the truck in another court for personal-injury damages, and the company moved to
dismiss based on the res judicata. Is there res judicata? Explain your answer. * Your answer 5 points 3
points This is a required question Differentiate petition for review on certiorari under Rule 45 from
petition for certiorari under Rule 65 of the Rules of Court. * Petition for review under Rule 45 may be
filed to emphasis errors on decisions, orders, or resolution of Court of Appeals while petition for
certiorari under Rule 65 is a special civil action to resolve errors on jurisdiction and grave abuse of
discretion instead of errors on decisions, orders, or resolution of Court of Appeals. The Regional Trial
Court rendered a decision affirming the decision of the Municipal Trial Court. The appellant filed his
notice of appeal before the RTC. Is the appeal taken by appellant correct? Explain your answer. * Your
answer 4 points 4 points This is a required question 2 points Mr. X filed a complaint for sum of money
against his old friend, Mr. Y. In order to ensure that Mr. Y would not be able to file a responsive pleading
and much more, participate in the case, Mr. X paid off Mr. Y's counsel, Atty. Z, who deliberately let the
case proceed as such without his client's knowledge. Eventually, judgment was rendered on March 1,
2016 in Mr. X's favor, a copy of which was received by Atty. Z on April 4, 2016. Bothered by his
conscience, Atty. Z brought the copy of the decision to Mr.Yon June 1, 2016, thereby surprising the latter
and causing him grief. Meanwhile, the decision became final and executory in due course on April 19,
2016. Thereafter, Mr. Y took steps in vindicating his rights, which culminated on August 15, 2016 when
he, as represented by a new counsel, filed a petition for annulment of judgment before the Court of
Appeals (CA) on the ground of extrinsic fraud. The CA dismissed the petition on the ground that Mr. Y
failed to submit a satisfactory explanation as to why he directly resorted to a petition for annulment of
judgment, when he could have filed a petition for relief from judgment. (a) What are the differences
between a petition for relief from judgment and a petition for annulment of judgment in terms of
grounds and periods to file? * Your answer In relation to the preceding question. (b) Was the CA's
dismissal of Mr. Y's petition for annulment of judgment proper? Explain. * Your answer What is an
interlocutory order? * An interlocutory order determines incidental matters that does are not on the
merits of the case or put and end to the proceedings. 2 points 2 points 20 days 24 hours 72 hours
discretionary on the Executive Judge 1 point excessive award of damages decision is contrary to law
evidence is sufficient to justify the decision the court's finding is not supported by evidence After
receiving the adverse decision rendered against his client, the defendant, Atty. Sikat duly filed a notice
of appeal. For his part, the plaintiff timely filed a motion for partial new trial to seek an increase in the
monetary damages awarded. The RTC instead rendered an amended decision further reducing the
monetary awards. Is it necessary for Atty. Sikat to file a second notice of appeal after receiving the
amended decision? Explain your answer. * Your answer What is the duration of a TRO issued by the
Executive Judge of a Regional Trial Court? * Which is not a ground for a motion for reconsideration? * 2
points 60days from issuance 5 years from entry of judgment 10 years from entry of judgment none of
the above 2 points Injunction forcible entry unlawful detainer decision in a collection case 2 points by
motion by action by demolition none of the above What is the lifetime of a writ of execution? * Which
judgment is stayed by an appeal? * What is the mode of execution of a judgment within 5 years from
entry? * 2 points the RTC decision resulted from an intrinsic fraud the RTC had no jurisdiction over the
person of the defendant the RTC had no jurisdiction over the subject matter of the case or that the
decision resulted from extrinsic fraud none of the above 2 points has no right to file a motion for new
trial may file a motion for new trial on the ground of fraud, accident, mistake or excusable negligence
which ordinary prudence could not have guarded against and by reason of which he has been probably
impaired in his rights may file a motion for new trial on the ground of newly discovered evidence which
he could not, with reasonable diligence, have discovered and produced at the trial and which if
presented would probably alter the result. none of the above. 2 points writ of preliminary injunction
writ of replevin support pendente lite none of the above The Court of Appeals may annul the judgment
of the Regional Trial Court on the ground that: * In the Court of Appeals, a party who appealed from a
decision in a civil case: * Which among the following cannot be issued Ex-parte? * 2 points The court's
action in a petition for declaratory relief is purely discretionary, in all cases under Rule 63. Hence, it may
dismiss any case if it will not terminate the controversy. Court action is mandatory in all cases of
declaratory relief under Rule 63. Hence, it cannot dismiss a case but must decide it on the merits. Court
action is discretionary, except that in quieting of title, reformation of instruments and consolidation, the
court must decide. The court may not dismiss a petition for declaratory relief, except in cases of quieting
of title, reformation of instruments and consolidation 2 points to determine the effectivity of a statute
to seek for affirmative relief, specifically for damages to seek for declaration of the petitioner's rights or
duties to find ways to attack the constitutionality of an executive order 1 point judgment obligor
judgment obligee purchaser redemptioner Which statement is the most accurate? * When a person is
interested under a deed, will, contract or other written instrument and whose rights are affected by a
statute, executive order or regulation, before the breach or violation thereof, may file a petition for
declaratory relief in order: * To whom shall the rents, earning and income derived from property
pending redemption until the expiration of said period of redemption belong? * 2 points Office of the
President Court of Appeals Supreme Court REgional Trial Court 2 points deny the counterbond for being
insufficient approve the counterbond and cancel the writ of preliminary attachment and attachment
bond approve the counterbond and reduce the writ of preliminary attachment approve the
counterbond and cancel the attachment bond 2 points Yes, appeal is allowed by notice of appeal. Yes,
appeal is allowed by record on appeal. Yes, appeal is allowed by petition for review. No, appeal is not
allowed. AA must wait until the termination of the second stage of the case. A second motion for
reconsideration of a judgment or final order is allowed in the: * The court issued a writ of preliminary
attachment in favor of the plaintiff for Php 1.5M. The defendant filed a counterbond in the amount of
Php 500,000.00. The court should: * In a partition case, the court rendered an order finding the
existence of a co-ownership. Aggrieved, AA seeks your advice on what to do with said order while the
court proceeds with the next stage of the case. Is the said order of the court finding co-ownership
appealable? * 1 point Upon termination of the litigation Upon a judgment or orer that disposes of the
action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly
perfected. upon entry of judgment Upon issuance of a writ of execution 1 point In the same case
wherein the writ of attachment was issued, at any time before the trial or before an appeal hasbeen
perfected or before the judgment becomes executory. Only in a separate action against the party who
secured the writ of attachment, Only after the judgment has become final and executory none of the
above Never submit passwords through Google Forms. This form was created inside of Batangas State
University. Report Abuse When shall execution of judgment issue as a matter of right? * A has suffered
damages due to the issuance of an improper, irregular or excessive attachment against him. He may
claim such damages: * Back Submit Forms