1. What is the effect if a pleading which must be verified is not amended? a.

The failure to verify a pleading is procedural in nature and shall not affect the right of the party to litigate b. It may be supplemented by an additional pleading to cure the defect c. It has the same effect as an unsigned pleading and produces no legal effect d. Either way, it stops the running of the prescriptive period for filing the appropriate pleading 1. A, the manager of XYZ Corp., an unregistered association, instituted a complaint for a sum of money against B before the RTC of Quezon City. During the pendency of the action, A died. C, the wife and administrator of As estate, filed a motion to substitute A in the action. The judge denied the motion for substitution. Did the judge act correctly? a. Yes, the judge acted correctly since the in-house counsel is the proper party to represent XYZ Corp. b. No, the judge acted incorrectly since the administrator is an indispensable party to the action c. Yes, the judge acted correctly since the right of the administrator to represent A must be determined by the probate court d. No, since an heir may substitute a deceased party without requiring the appointment of an administrator (San Juan v Cruz, GR 167321 and R3 S16 ROC) 1. R and T entered into a lease contract wherein they stipulated that the venue for all suits arising from the contract of lease executed between the lessor and lessee shall be in the courts of appropriate jurisdiction in Muntinlupa. T filed an action for damages because R terminated the contract before the RTC of Pasay where T resides. T filed a motion to dismiss contending that the venue was improperly laid, contrary to the terms of the contract. Rule on the matter. a. A contract of lease may be filed where the plaintiff or the defendant resides at the election of the plaintiff. a. Stipulations limiting venue are valid and binding between contracting parties. (Legaspi v Philippines, GR No 160653, July 23, 2008) a. The stipulation is valid, but it does not govern when the action is for damages since it is independent of the contract of lease. b. The court should grant the motion to dismiss for the efficient administration of justice 1. F Federation filed a class suit in behalf of 350 workers demanding their increased share in the proceeds of milled sugarcane against V Milling. T, a laborer belonging to F Federation filed a motion to intervene in the said action, but the RTC denied his motion to intervene. What is the proper remedy which T may avail of? a. T should file a petition for relief from judgment resulting from denial of due process b. T should file an action for mandamus to compel the judge to admit his motion to intervene c. T should file a special civil action for certiorari under Rule 65 d. T should file a notice of appeal 1. Anton is a non-resident Filipino citizen who filed a complaint for damages against both

Jose, a Filipino citizen, and Paolo, a Swiss citizen, since he is unsure which of the two defendants was at fault. At the time the action was commenced, Paolo is and remains in Switzerland. How may the court acquire jurisdiction over Paolo? a. By attaching Paolos condominium unit in the Philippines and converting the action to a quasi in rem action (Sahagun v. Court of Appeals, GR 78328, June 3, 1991; Brasil v. Court of Appeals GR 121576-78, June 16, 2000) a. By service of summons through publication, with leave of court, in a newspaper of general circulation b. By service of summons by publication in a foreign newspaper, with leave of court c. Through personal service of summons 1. Which of the following is not an indispensable party? a. The Commissioner of the Civil Service in a quo warranto proceeding instituted against an appointed official (Secretary of Education v. Gatmaitan, GR No. L34052, March 13, 1972) b. a co-donee in a Complaint for Declaration of Nullity of the Deed of Donation (Regner v. Logarta, G.R. No. 168747 October 19, 2007) c. In a suit to nullify an existing Torrens Certificate of Title (TCT) in which a real estate mortgage is annotated, the mortgagee is an indispensable party (metropolitan Bank v. Alejo, GR 141970, September 10, 2001) d. the mortgagee of a vehicle who assumed the balance owned by the mortgagor in a replevin suit instituted by the creditor (Servicewide Specialists Incorporated v. CA, GR No. 103301, December 8, 1995) 1. What is the effect of the defendants failure to file a pretrial brief in an ordinary civil action? a. it shall have the effect of dismissal of the action without prejudice to its subsequent refiling b. the plaintiff will be entitled to a favorable judgment as prayed for in the complaint c. an order of default may be issued against him d. the plaintiff may present evidence of unliquidated damages and be entitled therein (R18, S5) 8. Extra-territorial service of summons is proper only in the following instances, except: a. b. c. d. When the action against the resident defendant affects the personal status of the plaintiff and the defendant is temporarily outside the Philippines. When the action against the non-resident defendant relates to property within the Philippines in which the defendant has a claim or lien. When the non-resident defendant is to be excluded from any interest on a property located in the Philippines. When the non-resident defendants property is to be attached in the Philippines.

1. Which if the following is a prohibited pleading in summary procedure? a. A reply b. an appeal of the MTCs decision c. a compulsory counterclaim d. An answer raising as defense a ground for a motion to dismiss

1. Mica, together with other entrpreneurs, introduced improvements on the foreshore area of Anilao Beach. Subsequently RTW Corporation acquired ownership of several parcel of lands in Anilao Beach including the parcels of land on which Mica and the other entrepreneurs erected their infrastructures. Micas son, together with the other entrepreneurs signed a Deed of Assignment, Release, Waiver and Quitclaim in favor of RTW Corporation. Mica sought to annul the Deed of Assignment, Release, Waiver and Quitclaim. RTW Corporation filed a counterclaim for damages and for recovery of possession of the property held by Mica. Mica did not respond to the counterclaim and instead filed a motion for a pre-trial. What is the effect of Micas failure to answer the counterclaim a. The counterclaim is compulsory in nature and is deemed denied even if Mica failed to answer b. RTW shall be entitled to judgment on the pleadings with respect to the possession of the property (since it is deemed admitted unless denied, being permissive in nature; Bungcayao Sr. v. Fort Ilocandia Property Holdings and Development Corporation, GR 170483, April 19, 2010) c. The claim for recovery of property cannot be filed in a separate action since it arose from the same cause of action d. The counterclaim is deemed admitted for failure to deny