2016

1. Is the buyer in the auction sale arising from an extra judicial foreclosure
entitled to a writ of possession even before the expiration of the
redemption period? If so, what is the action to be taken?

2. After the period of redemption has lapsed and the title to the lot is
consolidated in the name of the auction buyer, is he entitled to the writ of
possession as a matter of right? If so, what is the action to be taken?
3. Suppose that after the title to the lot has been consolidated in the name of
the auction buyer, said buyer sold the lot to a third party without first
getting a writ of possession. Can the transferee exercise the right of the
auction buyer and claim that it is a ministerial duty of the court to issue a
writ of possession in his favour. Briefly explain.

2013

The spouses Juan reside in Quezon City. With their lottery winnings, they
purchased a parcel of land in Tagaytay City for P100,000.00. In a recent trip to
their Tagaytay property, they were surprised to see hastily assembled
shelters of light materials occupied by several families of informal settlers
who were not there when they last visited the property three (3) months ago.
To rid the spouses Tagaytay property of these informal settlers, briefly
discuss the legal remedy you, as their counsel, would use; the steps you
would take; the court where you would file your remedy if the need arises;
and the reason/s for your actions.

2009

1. Angelina sued Armando before the Regional Trial Court (RTC) of Manila to
recover the ownership and possession of two parcels of land; one situated
in Pampanga, and the other in Bulacan. a. May the action prosper?
Explain. (2%) b. Will your answer be the same if the action was for
foreclosure of the mortgage over the two parcels of land? Why or why not?
2. The Republic of the Philippines, through the Department of Public Works
and Highways (DPWH) filed with the RTC a complaint for the expropriation
of the parcel of land owned by Jovito. The land is to be used as an
extension of the national highway. Attached to the complaint is a bank
certificate showing that there is, on deposit with the Land Bank of the
Philippines, an amount equivalent to the assessed value of the property.
Then DPWH filed a motion for the issuance of a writ of possession. Jovito
filed a motion to dismiss the complaint on the ground that there are other
properties which would better serve the purpose.
a. Will Jovito's motion to dismiss prosper? Explain.
b. As judge, will you grant the writ of possession prayed for by DPWH?
Explain.

3. Florencio sued Guillermo for partition of a property they owned in common.

Guillermo filed a motion to dismiss the complaint because Florencio failed to
implead Hernando and Inocencio, the other co-owners of the property. As judge,
will you grant the motion to dismiss? Explain.

4. Having obtained favorable judgment in his suit for a sum of money against
Patricio, Orencio sought the issuance of a writ of execution. When the writ was
issued, the sheriff levied upon a parcel of land that Patricio owns, and a date was
set for the execution sale.

a. How may Patricio prevent the sale of the property on execution?

b. If Orencio is the purchaser of the property at the execution sale, how much
does he have to pay? Explain.

c. If the property is sold to a third party at the execution sale, what can Patricio
do to recover the property? Explain.

2008

After his properties were attached, defendant Porfirio filed a sufficient

counterbond. The trial court discharged the attachment. Nonetheless, Porfirio
suffered substantial prejudice due to the unwarranted attachment. In the end,
the trial court rendered a judgment in Porfirio's favor by ordering the plaintiff to
pay damages because the plaintiff was not entitled to the attachment. Porfirio
moved to charge the plaintiff's attachment bond. The plaintiff and his sureties
opposed the motion, claiming that the filing of the counterbond had relieved the
plaintiff's attachment bond from all liability for the damages. Rule on Porfirio's
motion. (4%)

VII

a. The writ of execution was returned unsatisfied. The judgment obligee

subsequently received information that a bank holds a substantial deposit
belonging to the judgment obligor. If you are the counsel of the judgment
obligee, what steps would you take to reach the deposit to satisfy the judgment?
(3%)

b. If the bank denies holding the deposit in the name of the judgment obligor
but your client's informant is certain that the deposit belongs to the judgment
obligor under an assumed name, what is your remedy to reach the deposit?

XXI

a. Compare the certiorari jurisdiction of the Supreme Court under the

Constitution with that under Rule 65 of the Rules of Civil Procedure.

b. Give at least three instances where the Court of Appeals may act as a trial
court.