University of the Cordilleras

COLLEGE OF LAW
Civil Procedure-Quiz No. 2

PART 1-IDENTIFY OR ENUMERATE

1. What are the requisites of a valid judgment? (5 pts)

(a) It must be in writing

(b) It must be personally and directly prepared by the judge
(c) It must state clearly and distinctly the facts and the law on which it is based
(d) It must be signed by the judge
(e) It must be filed with the clerk of court

2. What are the available grounds for a motion for new trial? (5 pts) What grounds are
available for a motion for reconsideration? (3 pts)

Fraud, Accident, Mistake, Excusable Negligence which ordinary prudence could not
have guarded against and by reason of which the aggrieved party was probably
impaired in his rights.

(a) Award of excessive damages

(b) Insufficiency of evidence to justify the decision or final order
(c) Decision / final order is contrary to law

3. When can a petition for relief from judgment be filed? (3 pts) What is required to support
its filing? (3 pts)
Judgment / final order is entered, or proceeding is thereafter taken against him
through fraud, accident, mistake or excusable negligence.

It is to be filed within 60 days after he learns of the judgment final order /

proceeding but not more than 6 month after such judgment / final order was
entered or such proceeding taken.

Failure to take an appeal??

PART 2-TRUE OR FALSE

1. Rendition of judgment only requires the entry of the dispositive portion in the Book
of Entries of Judgment. (2 pts)

False? Body of the decision or ratio decidendi

2. A judgment declaring that multiple plaintiffs are not entitled to relief but are instead
ordered to litigate as between themselves is not a valid judgment. (2 pts)

3. A motion for new trial based on newly discovered evidence will result in a judgment for
the party filing the motion. (2 pts)

PART 3-PROBLEM SOLVING

1. A judgment in favor of the plaintiff was rendered by the RTC. Within the period for the
taking of an appeal, the defendant filed a motion for reconsideration stating that the judgment
had no basis in fact and in law. If the RTC denies the motion for reconsideration, can the
defendant still appeal the judgment? (5 pts)

University of the Cordilleras

COLLEGE OF LAW
Civil Procedure-Quiz No. 2
PART 1-IDENTIFY OR ENUMERATE

1. What are the requisites of a valid judgment? (5 pts)

2. What are the available grounds for a motion for new trial? (5 pts) What grounds are
available for a motion for reconsideration? (3 pts)

3. When can a petition for relief from judgment be filed? (3 pts) What is required to support
its filing? (3 pts)

PART 2-TRUE OR FALSE

1. Rendition of judgment only requires the entry of the dispositive portion in the Book of
Entries of Judgment. (2 pts)

2. A judgment declaring that multiple plaintiffs are not entitled to relief but are instead
ordered to litigate as between themselves is not a valid judgment. (2 pts)

3. A motion for new trial based on newly discovered evidence will result in a judgment for
the party filing the motion. (2 pts)

PART 3-PROBLEM SOLVING

1. A judgment in favor of the plaintiff was rendered by the RTC. Within the period for the
taking of an appeal, the defendant filed a motion for reconsideration stating that the judgment
had no basis in fact and in law. If the RTC denies the motion for reconsideration, can the
defendant still appeal the judgment? (5 pts)