Lyceum Philippines University: College of Law

LYCEUM PHILIPPINES UNIVERSITY
COLLEGE OF LAW
REMEDIAL LAW REVIEW II
Assoc. Dean Christian “Kit” Villasis
ASSYNCHRONOUS ACTIVITY
TAKE HOME QUIZ (THQ) NO. 3
Instruction: Kindly copy and answer the following questions in

your notebook.
PARTITION
1. What is an action for “PARTITION”? Discuss its Nature, Purpose and

Scope/Applicability.
2. Is Partition of personal property allowed? Does an action for partition have similar
rules for both real and personal property?
3. Discuss the rule on venue and Jurisdiction of an action for partition.
4. What are the Modes of partition? Explain.
5. When is partition not allowed? Explain
6. Who may file a complaint for partition? Who should be made defendants in an
action for partition?
7. Discuss the Two stages and Phases in every action for partition.
8. What are the Matters to allege in the complaint for partition? Explain.
9. Discuss the rules on the issuance of an Order of partition and partition by
agreement. How is an order for partition effected? Describe the process of division.
10. What happens when the parties fail to agree to the partition? Explain the process
when a partition cannot be made without prejudicing the interests of the parties.
11. Discuss the rules on appointment of commissioners and Partition by
commissioners.
12. Discuss the rules on the submission of commissioner's report. Explain the powers
of the court relative to the commissioner’s report on an action for partition
13. Explain the rules on the Judgment of Partition and its effect. What should be
included in a judgment for partition? Explain
14. Explain how a partition becomes effective in transferring rights and binding
between the parties.
1
15. Explain the proceedings if one of the parties is a minor.
16. Explain the rights and obligations of the parties in terms of the costs and taxes
involved in the partition.
17. List and Enumerate the different outcomes of an action for partition.
18. Is an action for partition absolute in terms of conferring rights over the property?
Explain.
FORCIBLE ENTRY AND UNLAWFUL DETAINER
1. What is an action for “FORCIBLE ENTRY”? Discuss its nature and purpose.
2. What is an action for “UNLAWFUL DETAINER”? Give its nature and purpose.
3. Draft a table, then compare and contrast forcible entry from unlawful detainer.
4. What are the Distinctions between Accion Interdictal, Accion Publiciana and
Accion Reivindicatoria?
5. What courts have Jurisdiction over an accion interdictal, accion publiciana and
accion reivindicatoria? Explain the rules on venue over these actions.
6. Is demand necessary to institute a complaint for forcible entry and/or unlawful
detainer? Explain.
7. When is demand necessary? When is demand not necessary?
8. Explain the concept of Tacita reconduccion.
9. Which rules shall govern actions for forcible entry and unlawful detainer? Are there
exceptions?
10. Who may institute the ejectment suits and when may it be instituted? Explain.
11. Who may be defendants in an action for ejectment? Explain.
12. What are the pleadings allowed in ejectment suits?
13. What are the Prohibited pleadings and motions in ejectment suits?
14. Enumerate and Explain the grounds for the dismissal of ejectment suits.
15. What is the Effect of the failure to file an answer in ejectment suits?
16. Describe the process of instituting an action for forcible entry and/or unlawful
detainer until judgment thereto.
17. Explain the procedure in effecting judgment and conferring rights over such
judgment.
18. List the prohibited pleadings and motions in ejectment suits, and briefly explain
each.
19. Discuss the rules on the issuance of writs of Preliminary injunction and preliminary
mandatory injunction in ejectment suits
20. Does the ejectment court have the power to resolve the issue of ownership? Justify
your answer with legal bases.
21. Is a judgment in action for ejectment immediately executory? Discuss the rules on
How to stay the immediate execution of judgment in ejectment suits? Describe the
process of appeal.
CONTEMPT
1. What is “CONTEMPT”? Discuss its nature and purpose.
2
2. Differentiate “DIRECT CONTEMPT” and “INDIRECT CONTEMPT”
3. What are the Acts that are punishable as direct contempt and indirect contempt?
Briefly explain each.
4. Discuss fully the Proceedings in direct and indirect contempt.
5. What are the remedies against direct contempt and indirect contempt? Is appeal
available on both cases? Explain.
6. What are the penalties against direct contempt and indirect contempt? When is
imprisonment imposable in contempt proceedings?
7. Can a person cited in contempt post bail? What happens such person fails comply
with the terms of the bail? Is a bond required?
8. Explain the rules on commencement of proceedings in direct and indirect
contempt.
9. Explain the rules on Contempt against quasi-judicial bodies
10. Discuss the Contempt power of legislative
11. Discuss the Contempt power of local legislative bodies

Lyceum Philippines University: College of Law

Uploaded by

Copyright:

Available Formats

Lyceum Philippines University: College of Law

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lyceum Philippines University: College of Law

Uploaded by

Copyright:

Available Formats

LYCEUM PHILIPPINES UNIVERSITY

Assoc. Dean Christian “Kit” Villasis

TAKE HOME QUIZ (THQ) NO. 3

Instruction: Kindly copy and answer the following questions in

1. What is an action for “PARTITION”? Discuss its Nature, Purpose and

You might also like