I'll do my best to provide detailed answers to each question.
*1. Modes of appeal from the First Level Courts to the Supreme Court
(10%)*
The modes of appeal from the First Level Courts (Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts) to the
Supreme Court are:
- Appeal by right (Rule 40, Rules of Court): Appeal from the judgment or
final order of the Regional Trial Courts (RTCs) or the Court of Appeals
(CA) to the Supreme Court.
- Petition for Review on Certiorari (Rule 45, Rules of Court): A special civil
action that seeks to review the decision of the CA or the RTC exercising
appellate jurisdiction.
*2. Concept of the "fresh period rule" (5%)*
The "fresh period rule" refers to the principle that when a party is
granted a new period to file an appeal, the period to appeal is reckoned
from the receipt of the order granting the new period, and not from the
original period to appeal.
*3. Stages involved in the special civil action of judicial partition (5%)*
The two stages involved in judicial partition are:
- Pre-trial stage: Where the court determines the issues and the
properties to be partitioned.
- Trial stage: Where the court receives evidence and renders a decision
on the partition of the properties.
*4. Supersedeas bond and its function (5%)*
A supersedeas bond is a bond filed by a party who seeks to stay the
execution of a judgment pending appeal. Its function is to guarantee the
payment of damages, costs, and other expenses that the appellee may
incur due to the delay in the execution of the judgment.
*5. Concept of Contempt under Rule 71 of the Rules of Court (5%)*
Contempt is the disobedience or disrespect towards the court or its
orders. Under Rule 71, contempt can be direct (in the presence of the
court) or indirect (outside the presence of the court). The court can
impose penalties, including fines and imprisonment, for contemptuous
behavior.
*6. Distinguish certiorari as a mode of appeal and certiorari as an
original action (10%)*
Certiorari as a mode of appeal refers to the review of a decision of a
lower court by a higher court, usually the Supreme Court. Certiorari as
an original action, on the other hand, is a special civil action that seeks to
correct errors of jurisdiction or grave abuse of discretion committed by a
lower court.
*7. Steps to undertake if M files an action for support against S (5%)*
If I were M, I would:
- File a complaint for support against S.
- Present evidence to prove the paternity of the child, such as birth
certificates, witness testimony, or DNA evidence.
- Request the court to order S to undergo DNA testing to determine
paternity, if necessary.
*8. Remedy of Juan, the lessee of an apartment unit (5%)*
Juan's remedy would be to file an interpleader case, where he would
deposit the rentals with the court and let the court determine who is
entitled to receive the payments.
*9. Action of the judge in issuing a TRO (10%)*
The action of the judge is incorrect. A TRO can only be issued ex parte
for a period of 72 hours, and a hearing for the issuance of a preliminary
injunction must be conducted within that period. The judge should have
scheduled the hearing within 72 hours, not 3 days later.
*10. Petition for quo warranto filed by Perla (10%)*
The motion to dismiss filed by Maria should be granted. The petition for
quo warranto is not the proper remedy, as Maria is already occupying
the position. Quo warranto is used to determine the right of a person to
hold a public office, and it should be filed before the person takes office.
*11. Protection of X's rights over the parcel of land (5%)*
I would advise X to file a complaint for quieting of title or adverse
possession, depending on the circumstances. X can also file a petition for
issuance of a certificate of title under the Torrens system.
*12. Issuance of a writ of preliminary attachment (10%)*
The court is correct. A writ of preliminary attachment can only be issued
against the property of the defendant, not against the property of a
third person.
*13. Remedies of the mortgagee (5%)*
The mortgagee can file a petition for replevin to recover possession of
the car. If H refuses to yield the car, the mortgagee can also file an action
for foreclosure of the chattel mortgage.
*14. Petition for certiorari filed by B (10%)*
The action of B is proper. B can file a petition for certiorari with the
appellate court, alleging grave abuse of discretion on the part of the
judge in granting the ex-parte motion for issuance of a writ of
preliminary injunction.
