REMEDIAL LAW REVIEW 1

FIRST EXAM
Atty. Jelyne S. Sunga – Guadalupe

1. Deforestation activities were being conducted in Apo-Talomo

Mountain range, causing the disruption of the natural habitat
of the eagles and other animals living thereon. Lito, the
leader of an environmental group named “Sagip Agila”,
wanted to file a case to file a suit to enjoin said
deforestation activities, in representation of the eagles and
other animals living on the area. Will the suit prosper?

ANSWER:

Yes. The suit will prosper.

The Rules provides that only natural and juridical persons

can file a claim. However, as an exception, Jurisprudence
provides that a person may represent wildlife and any living
thing in cases of environmental issues.

Here, there is a need to protect the environment in the said

case. Hence, “Sagip Agila” may file a case in behalf of the
eagles and other animals living in the area.

2. Julian, a resident of the City of Digos, is planning to file a

complaint for rescission (under Article 1191 of the Civil
Code) of a contract of service he entered into with ABC
Construction Company which maintains a principal office in
Davao City. The company has substantially breached its
obligation under the contract when it purchased substandard
material for the construction. The construction site was
located in Kidapawan City.

In the complaint, Julian prayed for damages amounting to P

1, 000, 000.00.  
 a. Which court has jurisdiction over the subject matter of the
case? 

ANSWER:

The Regional Trial court has jurisdiction over the subject matter
of the case.

Under the Law, the Regional Trial Court has jurisdiction of over
the case if the claim is incapable of pecuniary estimation.

Here, what is prayed for is recission of the contract of service.

Moreover, the claim for damages is merely incidental to Julian’s
main action.

Therefore, it should be filed at Regional Trial court.

b. Where is the proper venue?

ANSWER:

The proper venue is primarily in Regional Trial Court in Digos city

where, as provided by the Rules, Julian is residing, since the
action is an action in personam.

3. Carmen wanted to file a case for accion publiciana against

Anna and Lea alleging that Anna and Lea encroached on her
property.  The property has an assessed value of P 600,
000.00.

While being interviewed by her lawyer for the preparation of

the complaint for accion publiciana, Carmen remembered
that Joy owed her P 2, 500, 000.00 and the debt was
already due.  
 Carmen asked her lawyer if she could join the two causes of
action: (a) against Joy for collection of sum of money and
(b) against Anna and Lea for accion publiciana.  If you are
Carmen’s lawyer, how will you answer her query?

ANSWER: (only did not arise out of the same transaction)

If I am the lawyer of Carmen, I would answer in the

negative.

Under the Rules, actions based on several causes of action

can be joined if two or more causes of action arises out of
the same transaction. Moreover, it is prohibited under such
Rule that actions governing under special rules to be joined.

Here, Action Publiciana or an ejectment suit is governed by

the Expedited Summary Rules of procedure which is a
Special Rule. Hence, Carmen should file the two cases
separately.

4. Marianne filed a civil case for damages against Ernest before

the Regional Trial Court Branch 18 of Digos City.  The claim
amounted to P 1, 500, 000.00.  Ernest received the
summons and a copy of the complaint on July 1, 2021 but
failed to file an answer within the reglementary period.  If
you are the judge, what action would you take under the
given circumstances?

ANSWER:

If I am the judge, I would dismiss the case for lack of jurisdiction

over the subject matter.

Under the Law, claims for damages which amount does not
exceed two million pesos must be filed with the Municipal Trial
Court. Moreover, the Law also provides that failure to file a case
in the proper court of Jurisdiction shall be dismissed through
motion of the parties or by the court’s own initiative.

Here, even if there is no motion filed by both parties. It is clear

that the case is not within the Jurisdiction of the Regional Trial
Court. Hence, the case should be dismissed.

5. Plaintiff filed an action for cancellation of title against the

defendant.  Plaintiff alleged that the property covered by the
certificate of title issued to the defendant is a land classified
as timber land.  Defendant urged his lawyer to file a motion
to dismiss on the ground that plaintiff is not the real party in
interest and that only the state can file an action for
reversion involving registered timber lands.  Assuming that
you are the counsel for the defendant, would you file a
motion to dismiss?  Explain.

ANSWER:

If I am the counsel of the defendant, I would not file a motion to

dismiss.

Under the Rules, the following are the only grounds for a motion
to dismiss:
c. Litis Pendentia;
d. Res Judicata;
e. Lack of Jurisdiction over the subject matter; and
f. Prescription.

In the present case, none of the said grounds are applicable.

What can the defendant do is to aver it to his answer that the
plaintiff failed to state his cause of action since he is not a party-
in-interest in the case.

6. Isabel filed an action for damages arising from breach of

contract of lease against Nathan alleging that the latter
 violated the provision in the contract prohibiting him to
cause any renovation on the leased premises.  She attached
the notarized contract of lease in her complaint.  However,
she failed to attached a certificate of non-forum shopping in
her complaint.

In his unverified answer, Nathan denied having signed the

contract of lease alleging that he owned the property he was
occupying.  He further alleged that his signature appearing
on the contract was forged.

a. Noting that the complaint was not accompanied by a

certification of non-forum shopping, the judge dismissed the
complaint without prejudice.  Is the action of the judge
proper?

ANSWER: (there must motion first and a hearing)

Yes. The action of the judge was proper.

Under the Rules, it is an indispensable requirement when filing a

complaint to include a certification of non-forum shopping.
Without such, it must be dismissed by the court without prejudice
since it is not a judgement on the merits, which means it can be
re filed.

Hence, the case was properly dismissed without prejudice.

b. Assuming that the complaint was not dismissed, can

Nathan present evidence to prove that his signature on
the contract was forged?

ANSWER: (Failed to deny the genuineness and due execution)

Yes. Nathan can present evidence to prove that his signature on
the contract was forged.

What the Rule requires is that the verified answer is only required
if there is an actionable document attached in the answer.

Here, the actionable document is already attached in the

complaint. There is no need for Nathan’s answer to be verified.
Hence, he can present evidence against the said document.

7. Lea filed a complaint for forcible entry case against Aiko

before the Municipal Trial Court of Polomolok, South
Cotabato.  Lea alleged that Aiko surreptitiously entered her
property located in Polomolok, South Cotabato while she
was on vacation outside the country.  The property has an
assessed value of P 500, 000.00.

Aiko filed an answer alleging that she owns the property. As

affirmative defenses, she raised the following:

a. The court has no jurisdiction over the subject matter of the

case because the issue was that of ownership; and
b. The court has no jurisdiction over the subject matter
because the assessed value of the property is P 500,
000.00.

Rule on the affirmative defenses.

ANSWER: (DAPAT A PATI B)

Aiko’s defenses are untenable.

The law provides that an action for ejectment case such as

forcible entry shall be under the Jurisdiction of the Municipal Trial
Court regardless of the amount of the property. This is so
because what is sought is not ownership of the property but the
unlawful entry to the property making it a personal action.
Hence, applying the abovementioned rule, the case was properly
filed in the Municipal Trial Court of Polomolok, South Cotabato.

8. Ms. A filed a complaint for damages against Ms. B, alleging

that Ms. B negligently caused the demolition of her house's
concrete fence, the top half of which fell on the front portion
of Ms. A's car and permanently damaged its engine. 

In her answer, Ms. B denied any personal liability for the

damage caused to Ms. A's car, averring that she merely
acquiesced to the advice of her contractor, XYZ Construction
Co., to have the concrete fence demolished. Thus, damages,
if any, should be collected from it.

Thereafter, Ms. A filed a motion for judgment on the

pleadings, alleging that Ms. B's statement in her answer is
actually a negative pregnant. 

Ms. B also moved for the dismissal of the case on the ground
of non-joinder of XYZ Construction Co., which she alleged is
an indispensable party to the case.

(a) Is Ms. B's allegation in the answer a negative

pregnant?
ANSWER:

Yes. Ms. B’s allegation in the answer is a negative pregnant.

Jurisrudence provides that a negative pregnant is one of modes

of answering wherein the defendant answers in a negative
expression arising out from affirmations or at least knowledge to
some statements that are favorable to him/her. He/she is merely
averring those incidental to the material facts alleged in the
complaint. Such answer is deemed a admission to the set of facts
that were alleged in the original complaint.
In the present case, Ms. B did not aver based on the material
facts in Ms. A’s complaint as the fact of XYZ’s advice to her is
merely incidental to the material facts of the case.

Hence, the claims of the Ms. A is deemed admitted, and the

Motion for judgement on the pleadings must be denied.

(b) Is XYZ Construction Co. an indispensable or a

necessary party? Explain.
ANSWER: (the court can do so without B)

XYZ Construction Co. is an indispensable party.

Under the Rules of Court, an indispensable party is a party whom

without which the determination of the case cannot be had.
Moreover, a necessary party is a party which is not an
indispensable party but can be impleaded as a party if complete
relief can be had to such party.

Here, XYZ Construction co. a contractor of Ms. A which makes

them solidarily liable with each other. Hence, without one of
them, the case has no leg to stand on.

Extra Q: ano pleading dapat? 3rd party dapat

9. Mr. C sued Mr. D for reconveyance of property and

damages, claiming that Mr. D, through fraud and forgery,
was able to obtain the title to Lot No. 1234, which was
previously registered in Mr. C's name. The complaint was
filed before the Regional Trial Court.

In Mr. D’s answer, he raised as an affirmative defense that

Mr. C lacks cause of action because he did not attach to the
 complaint any evidence that will prove the allegations of
forgery.  Rule on the affirmative defense raised.

ANSWER:

The affirmative defense raised by Mr. D is not proper.

Under the Rules of court, a complaint which has lack of

cause of action is determined only upon presentation,
admission, and/or determination of evidence in the
proceedings. It is only subject to a demurrer to evidence.

Here, the presentation of evidence has not yet ensued.

Hence, it is not yet determined the sufficiency of cause of
action of Mr. C. What should Mr. D should have invoked is
the failure to state a cause of action as it is the one which is
accepted as an affirmative defense under the Rules of Court.

10. Mr. H filed a complaint against Mr. I to recover the

amount of ₱500,000.00 based on their contract of services.
In his answer, Mr. I admitted that he has yet to pay Mr. H
for his services based on their contract but nevertheless,
interposed a counterclaim alleging that Mr. H still owed him
rental arrearages for the lease of his apartment also
amounting to ₱500,000.00.

What is the nature of Mr. l's counterclaim? Is the payment of

filing fees required for such counterclaim to prosper? 

ANSWER:

The nature of Mr. I’s counterclaim is only permissive.

Under the Rules, if a counterclaim by an adverse party is based

on a cause of action not arising from the same transaction, the
counter claim is only permissive. Moreover, under the Law on
Small claims, payment of filing fees is required to permissive
counterclaims provided that such counterclaims are within the
same jurisdiction.

Here, the claim for the contract of service between Mr. I and Mr.
H is not of the same transaction for the Contract of lease between
them since either of them can claim such amounts on separate
proceedings with different sets of facts. Moreover, both claims are
well within under the Rules on Small claims.

Hence, Mr. I should pay the proper filing for his counterclaim.

11. Teddy filed against Buboy an action for rescission of a

contract for the sale of a commercial lot. After having been
told by the wife of Buboy that her husband was out of town
and would not be back until after a couple of days, the
sheriff was able to talk to a person through a phone call. 
The person on the other line introduced himself as Buboy. 
This alleged Buboy instructed the sheriff to leave the
summons to his wife.  The sheriff then requested the wife to
just receive the summons in behalf of her husband. The wife
acceded to the request, received the summons and a copy of
the complaint, and signed for the same.  Was there a valid
service of summons upon Buboy? Explain your answer
briefly. 

ANSWER:

No. There was no valid service of summons upon Buboy.

The Rules on Summons strictly provides that it must be served
personally first on the defendant, and if he/she refused to do so,
it can be left within the view of the defendant. There must be
three attempts on two separate dates by the one serving the
summons before he/she could resort to substituted service of
Summons.

In the present case, the rule was not followed, the sheriff should
have first attempted to serve the summons based on the
abovementioned rule before he could resort to substituted
service. The receipt of Buboy’s wife is tantamount to a
substituted service of summons.

In view of the foregoing, the service of summons by the sheriff

was not proper.