SAINT LOUIS UNIOVERSITY

SCHOOL

OF

LAW

Civil Procedure 1st Quiz (09.Feb.2016)

I. TRUE or FALSE (1 point each, total of 10 points). Write A if the statement is
false and B if the statement is true.
1. In civil cases, for a judgment to be valid, the judgment must have been rendered
by a court having jurisdiction over the subject matter, parties, issues and res. - B
2. Jurisdiction is not dependent upon the rightfulness of the decision made. - B
3. Estoppel confers jurisdiction upon a court. A because estoppel does not confer
jurisdiction upon a court, body or tribunal for it is the law which confers jurisdiction.
Estoppel shall bar a party in case from assailing a courts jurisdiction.
4. The Congress, with the concurrence of the President, has the power to define,
prescribe and apportion the jurisdiction of various courts. A because while the
president signs a bill before it becomes a law, the Constitution is very clear that the
power to DPA jurisdiction of various courts is lodged with the Congress. Besides, bills
can become laws through executive inaction.
5. Philippine courts have equity and common law jurisdictions. A for although
Philippine courts have equity jurisdiction, Philippine courts are governed by the code
of pleadings, hence, no common law jurisdiction.
6. Error of judgment is one which a court commits in the exercise of its jurisdiction;
while error of jurisdiction is one which is committed either because the court never
had jurisdiction from the start or committed grave abuse of discretion amounting to
lack or excess of jurisdiction. - B
7. Cases modifying or reversing a doctrine or principle of law previously laid down
must be heard by the Supreme Court en banc. - B
8. Petitions for certiorari, prohibition and mandamus against the National Labor
Relations Commission must be directly filed with the Supreme Court. A because
per St. Martin Funeral Homes v. NLRC, such petitions must be filed with the Court of
Appeals; otherwise, they shall be dismissed.
9. Although the Supreme Court and the Regional Trial Court have original and
concurrent jurisdiction over actions affecting ambassadors, other public ministers
and consuls, such action must be filed directly with the Supreme Court which will
hear the same en banc. A because of the doctrine of hierarchy of courts.
10. A case for violation of B.P. Blg. 22 against a public official whose salary grade is
30 must be filed with the Sandiganbayan. A because all BP Blg. 22 cases,
regardless of the amount of actual damages, fall within the original and exclusive
jurisdiction of the MTC.
II. State which court has jurisdiction. If jurisdiction is concurrent, state all
the courts which has jurisdiction. If jurisdiction cannot be exactly
determined based on the limited facts given, state all the possible courts
which has jurisdiction. (1 point each, total of 40 points)
1. Ejectment cases where the assessed value of the property is P100,000.00 - MTC
2. Small claims cases - MTC
3. Cases covered by the 1991 Revised Rule of Summary Procedure - MTC
4. Petition for the Issuance of a Writ of Habeas Corpus RTC, CA, and SC
5. Reconveyance of a land in Cavite, the assessed value of the subject property
cannot be determined, but the assessed value of the adjoining lot which has the
same size is P21,000.00 - RTC
6. Enforcement of an arbitral award by a barangay lupon the value of the award is
P300,000.00 - MTC
7. Administrative cases involving the discipline or dismissal of judges - SC

8. Decisions of the ombudsman in administrative cases - CA

9. Petition for the Issuance of a Writ of Kalikasan CA and SC
10. Petition for the Issuance of a Writ of Continuing Mandamus RTC, CA, and SC
11. Election contests for president and vice-president - SC
12. Violation of RA 9262 or the law on the violence against women and children
RTC/Family Court
13. Disbarment of lawyers - SC
14. Violations of the Anti-Graft and Corrupt Practices Act MTC, RTC or
Sandiganbayan
15. Petitions for certiorari, prohibition and mandamus against the Sandiganbayan SC
16. Annulment of judgments of courts of general jurisdiction - CA
17. Appeals from the Civil Service Commission - CA
18. Recovery of Possession of Real Property MTC or RTC
19. Quieting of Title as a Special Civil Action MTC or RTC
20. Quieting of Title MTC or RTC
21. Reformation of Instrument - RTC
22. Nullification of Deed of Absolute Sale MTC or RTC
23. B.P. Blg. 22 cases where the amount of the civil liability ex delicto is
P2,000,000.00 - MTC
24. Cancellation of Adverse Claim - RTC
25. Cadastral and land registration cases where there is no controversy or
opposition - MTC
26. Rescission due to Breach of Contract or Damages amounting to P500,000.00 RTC
27. Rescission due to Breach of Contract and Damages amounting to P300,000.00 RTC
28. Violation of traffic laws - MTC
29. Specific Performance and Damages - RTC
30. Injunction with prayer for the Issuance of a writ of Preliminary Injunction and
Temporary Restraining Order - RTC
31. Intra-corporate controversies RTC/Commercial Courts
32. Insolvency proceedings RTC/Commercial Courts
33. Libel cases where the imposable penalty is imprisonment of less than 6 years RTC
34. Violation of the Intellectual Property Code where the imposable penalty is
imprisonment of less than 6 years RTC/Commercial Courts
35. Violation of the Omnibus Election Code where the imposable penalty is
imprisonment of less than 6 years - RTC
36. Rape where there are 2 accused, one is a minor and the other is an adult
RTC/Family Courts
37. Ejectment suits between Moslems - MTC
38. Damages due to Breach of Contract of Common Carriage where the contracting
parties are Moslems MTC or RTC
39. Probate proceedings where the decedent is a female Moslem whose live-in
lifetime partner is a non-Moslem Shariah District Court
40. Filiation case involving a Moslem child Shariah District Court
III. ODD ONE OUT (2 points each, total of 20 points). Determine which does
not belong to the group. Write the letter corresponding to your choice.
1.

A.
constitutionality of treaty, international/executive agreements and law
B.
those required by the Rules to be heard en banc
C.
cases heard by a division when the required majority vote is not
obtained

D.

criminal cases where the imposable penalty is death All must be heard
en banc by the SC by mandate of the Constitution; but this one must be
heard en banc by virtue of the SC Rules

2.
A.
division cases where the opinion of at least 3 members of the Supreme
Court merit the
attention of the court en banc and are acceptable to a majority of the
actual membership of
the Court en banc.
B.
constitutionality, application and operation of presidential decrees,
proclamations, orders,
instructions, ordinances and other regulations - All must be heard en
banc by the SC by mandate of its Rules; but this one must be heard en
banc by virtue of the Constitution
C.
cases involving decisions, resolutions or orders of the Civil Service
Commission, Comelec and COA
D.
cases raising novel questions of law
3.

A.
B.

C.
D.
cases

appeals from the Civil Service Commission

appeals from the Regional Trial court on constitutional, tax, jurisdictional
questions involving questions of fact which should be appealed first to
the Court of Appeals All must be appealed thru Rule 43, this one must
be thru Rule 45
appeals from quasi-judicial agencies
appeals from the Office of the Ombudsman in administrative disciplinary

4.

A.
B.
C.
D.
one.

injunction
annulment of judgment
reconstitution of title
quieting of title All are incapable of pecuniary estimation except this

5.

A.
B.

change of name
guardianship All fall within the concurrent jurisdiction of the Shariah
Circuit Court and appropriate civil courts, this one falls within the
exclusive jurisdiction of the Shariah District Court
constitution of family home
commitment of an insane person to an asylum

C.
D.
6.

A.
B.
C.
D.

7.

A.
B.
C.
D.

8.

A.
B.
C.

ejectment cases
money claim of P200,000
damages amounting to P300,000 All are governed by special rules,
this one is governed by the Rules on Civil Procedure
violation of city and municipal ordinances
motion to dismiss
motion to plead as pauper litigant All are prohibited motions under the
Small Claims Rules and Rule of Summary Procedure, this one is not.
motion for intervention
motion for postponement
complaint
compulsory counterclaim
3rd party complaint All are allowed pleadings under the 1991 Revised
Rule on Summary Procedure except this one.

D.

cross claim

9.

A.
B.
C.
D.

loan
sale
mortgage
civil liability ex delicto All are money claims allowed under the New
Small Claims Rules except this one.

10.

A.
cases of custody, guardianship, legitimacy, paternity and filiation under
PD 1083 All fall
within the original exclusive jurisdiction of the Shariah Circuit Court
except this one.
B.
petition for cancellation or correction of entries in Muslim registries
C.
petition for constitution of family homes
D.
interpleader where parties are Moslems

IV. ANSWER ACCORDINGLY

1. What are ALL the prohibited pleadings and motions under the 1991 Revised Rule
of Summary Procedure? (10 points)
ANSWER:
They are/ ALL the prohibited pleadings and motions under the 1991 Revised
Rule of Summary Procedure:
1. Motion to dismiss the complaint or to quash the complaint or information
except on the ground of lack of jurisdiction over the subject matter, or failure
to refer to the Lupon for conciliation, if required;
2. Motion for a bill of particulars;
3. Motion for new trial or for reconsideration of a judgment, or for reopening of
trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply
11. Third-party complaints; and
12. Interventions.
2. Completely state the rule-making power of the Supreme Court. (10 points)
ANSWER:
The rule-making power of the Supreme Court is contained in Section 5,
paragraph 5, Article VIII of the 1987 Constitution which states: Promulgate rules
concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged. Such rules shall provide
a simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme Court.

3. What are all the cases falling under the original jurisdiction of the Supreme Court
under the Constitution? What about the minimum appellate jurisdiction if the
Supreme Court under the Constitution? (10 points)
ANSWER:
Under Section 5, Article VIII of the Constitution, the Supreme Court shall have
original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus. The same section enumerates the following as falling within the
appellate jurisdiction of the Supreme Court:
1. All cases in which the constitutionality or validity of any treaty, international
or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.
2. All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.
4. All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
5. All cases in which only an error or question of law is involved.