Civil Procedure Exam (Riano) with
complete solutions
Distinguish Substantive law from Remedial Law (2006) - ANSWER-Substantive law
creates, defines, and regulates rights and duties concerning life, liberty or property the
violation of which gives rise to a cause of action.
Remedial law prescribes the methods of enforcing those rights and obligations created
by substantive law by providing a procedural system for obtaining redress for the
invasion of rights and violations of duties and by laying out rules as to how suits are
filed, tried and decided upon by the courts.
The Rules of Court shall not apply to the following cases: - ANSWER-a. election cases;
b. land registration cases;
c. cadastral cases;
d. naturalization cases; and
e. insolvency proceedings and
f. other cases
[N-I-C-O-L-E]
When may the doctrine of hierarchy of courts be disregarded? (2011) - ANSWER-The
Supreme Court has, in not a few cases, suspended its own rules and excepted a
particular case from their operation whenever the interests of justice so require.
"A direct invocation of the Supreme Court's original jurisdiction to issue extraordinary
writs should be allowed only when there are special and important reasons therefor,
clearly and specifically set out in the petition." (Cruz v. Gingoyan, GR No. 170404,
September 28, 2011)
What is the doctrine of non-interference or doctrine of judicial stability? (2011) -
ANSWER-This principle holds that courts of equal and coordinate jurisdiction cannot
interfere with each other's orders. Hence, a Regional Trial Court has no power or
authority to nullify or enjoin the enforcement of a writ of possession issued by another
Regional Trial Court. The principle also bars a court from reviewing or interfering with
the judgment of a co-equal court over which it has no appellate jurisdiction or power of
review.
The doctrine of non-interference applies with equal force to administrative bodies. When
the law provides for an appeal from the decision of an administrative body to the
Supreme Court or Court of Appeals, it means that such body is co-equal with the
,Regional Trial Court in terms of rank and stature, and logically beyond the control of the
latter.
What is a constitutional court? - ANSWER-One created by a direct Constitutional
provision. Example of this court is the Supreme Court of the Philippines. It owes its
creation from the Constitution itself. In the Philippines, only the Supreme Court is a
constitutional court.
What is a statutory court? - ANSWER-One created by a law other than the Constitution.
All courts in the Philippines, except the Supreme Court, are statutory courts. They have
been created by statutory enactments. The Sandiganbayan is not a constitutionally
created court. It was not directly created by the Constitution but was created by law
pursuant to a constitutional mandate. The 1973 Constitution required the then Batasang
Pambansa to create a special court to be known as the Sandiganbayan and its
existence continues to be recognized by the 1987 Constitution. While its existence is
mandated by the Constitution, its creation was thru and by PD No. 1486, issued by
President Ferdinand E. Marcos pursuant to his legislative powers under Amendment
No. 6 of the 1973 Philippine Constitution.
Distinguish original jurisdiction from exclusive jurisdiction. - ANSWER-Original
jurisdiction means jurisdiction to take cognizance of a case at its inception, try it and
pass judgment upon the law and facts, while exclusive jurisdiction precludes the idea of
co-existence and refers to jurisdiction possessed to the exclusion of others.
What is concurrent jurisdiction? - ANSWER-also called "coordinate" jurisdiction, is the
power of different courts to take cognizance of the same subject matter. Where there is
concurrent jurisdiction, the court first taking cognizance of the case assumes jurisdiction
to the exclusion of the other courts.
What is the meaning of "court"? - ANSWER-is an organ of government belonging to the
judicial department the function of which is the application of the laws to controversies
brought before it as well as the public administration of justice. Sometimes it refers to
the place where justice is administered.
Define
a. civil action;
b. criminal action and
c. special proceeding - ANSWER-Sec. 3, Rule 1, Revised Rules of Court
a. A civil action is one by which a party sues another for the enforcement or protection
of a right, or the prevention or redress of a wrong.
A civil action may either be ordinary or special. Both are governed by the rules for
ordinary civil actions, subject to the specific rules prescribed for a special civil action.
, b. A criminal action is one by which the State prosecutes a person for an act or
omission punishable by law.
c. A special proceeding is a remedy by which a party seeks to establish a status, a right,
or a particular fact.
Define 'cause of action'. - ANSWER-A cause of action is the act or omission by which a
party violates a right of another.
What is jurisdiction? - ANSWER-the power and authority of the court to hear, try and
decide a case..
the power or capacity given by the law to a court or tribunal to entertain, hear, and
determine certain controversies.
What are the aspects of jurisdiction? - ANSWER-a. jurisdiction over the subject matter;
b. jurisdiction over the parties;
c. jurisdiction over the issues of the case; and
d. jurisdiction over the res or thing involved in the litigation.
What is the doctrine of primary jurisdiction (primary administrative jurisdiction)? -
ANSWER-courts cannot and will not resolve a controversy involving a question within
the jurisdiction of an administrative tribunal, especially when the question demands the
sound exercise of administrative discretion requiring special knowledge, experience and
services of the administrative tribunal to determine technical and intricate matters of
fact.
What is the doctrine of adherence of jurisdiction (continuity of jurisdiction)? - ANSWER-
means that once jurisdiction has attached, it cannot be ousted by subsequent
happenings or events, although of a character which would have prevented jurisdiction
from attaching in the first instance. The court, once jurisdiction has been acquired,
retains the jurisdiction until it finally disposes of the case.
What is the Omnibus motion rule? - ANSWER-a motion attacking a pleading, order,
judgment, or proceeding shall include all objections then available, and all objections
not so included shall be deemed waived.
Distinguish between a question of law and a question of fact (2004) - ANSWER-There is
a question of law when the doubt or difference arises to what the law is on certain set of
facts.
- must no involve an examination of the probative value of the evidence
- the resolution of the issue must rest solely on what the law provides on the given set of
circumstances
There is a question of fact when the doubt or difference arises as to the truth or
falsehood of the alleged facts.
complete solutions
Distinguish Substantive law from Remedial Law (2006) - ANSWER-Substantive law
creates, defines, and regulates rights and duties concerning life, liberty or property the
violation of which gives rise to a cause of action.
Remedial law prescribes the methods of enforcing those rights and obligations created
by substantive law by providing a procedural system for obtaining redress for the
invasion of rights and violations of duties and by laying out rules as to how suits are
filed, tried and decided upon by the courts.
The Rules of Court shall not apply to the following cases: - ANSWER-a. election cases;
b. land registration cases;
c. cadastral cases;
d. naturalization cases; and
e. insolvency proceedings and
f. other cases
[N-I-C-O-L-E]
When may the doctrine of hierarchy of courts be disregarded? (2011) - ANSWER-The
Supreme Court has, in not a few cases, suspended its own rules and excepted a
particular case from their operation whenever the interests of justice so require.
"A direct invocation of the Supreme Court's original jurisdiction to issue extraordinary
writs should be allowed only when there are special and important reasons therefor,
clearly and specifically set out in the petition." (Cruz v. Gingoyan, GR No. 170404,
September 28, 2011)
What is the doctrine of non-interference or doctrine of judicial stability? (2011) -
ANSWER-This principle holds that courts of equal and coordinate jurisdiction cannot
interfere with each other's orders. Hence, a Regional Trial Court has no power or
authority to nullify or enjoin the enforcement of a writ of possession issued by another
Regional Trial Court. The principle also bars a court from reviewing or interfering with
the judgment of a co-equal court over which it has no appellate jurisdiction or power of
review.
The doctrine of non-interference applies with equal force to administrative bodies. When
the law provides for an appeal from the decision of an administrative body to the
Supreme Court or Court of Appeals, it means that such body is co-equal with the
,Regional Trial Court in terms of rank and stature, and logically beyond the control of the
latter.
What is a constitutional court? - ANSWER-One created by a direct Constitutional
provision. Example of this court is the Supreme Court of the Philippines. It owes its
creation from the Constitution itself. In the Philippines, only the Supreme Court is a
constitutional court.
What is a statutory court? - ANSWER-One created by a law other than the Constitution.
All courts in the Philippines, except the Supreme Court, are statutory courts. They have
been created by statutory enactments. The Sandiganbayan is not a constitutionally
created court. It was not directly created by the Constitution but was created by law
pursuant to a constitutional mandate. The 1973 Constitution required the then Batasang
Pambansa to create a special court to be known as the Sandiganbayan and its
existence continues to be recognized by the 1987 Constitution. While its existence is
mandated by the Constitution, its creation was thru and by PD No. 1486, issued by
President Ferdinand E. Marcos pursuant to his legislative powers under Amendment
No. 6 of the 1973 Philippine Constitution.
Distinguish original jurisdiction from exclusive jurisdiction. - ANSWER-Original
jurisdiction means jurisdiction to take cognizance of a case at its inception, try it and
pass judgment upon the law and facts, while exclusive jurisdiction precludes the idea of
co-existence and refers to jurisdiction possessed to the exclusion of others.
What is concurrent jurisdiction? - ANSWER-also called "coordinate" jurisdiction, is the
power of different courts to take cognizance of the same subject matter. Where there is
concurrent jurisdiction, the court first taking cognizance of the case assumes jurisdiction
to the exclusion of the other courts.
What is the meaning of "court"? - ANSWER-is an organ of government belonging to the
judicial department the function of which is the application of the laws to controversies
brought before it as well as the public administration of justice. Sometimes it refers to
the place where justice is administered.
Define
a. civil action;
b. criminal action and
c. special proceeding - ANSWER-Sec. 3, Rule 1, Revised Rules of Court
a. A civil action is one by which a party sues another for the enforcement or protection
of a right, or the prevention or redress of a wrong.
A civil action may either be ordinary or special. Both are governed by the rules for
ordinary civil actions, subject to the specific rules prescribed for a special civil action.
, b. A criminal action is one by which the State prosecutes a person for an act or
omission punishable by law.
c. A special proceeding is a remedy by which a party seeks to establish a status, a right,
or a particular fact.
Define 'cause of action'. - ANSWER-A cause of action is the act or omission by which a
party violates a right of another.
What is jurisdiction? - ANSWER-the power and authority of the court to hear, try and
decide a case..
the power or capacity given by the law to a court or tribunal to entertain, hear, and
determine certain controversies.
What are the aspects of jurisdiction? - ANSWER-a. jurisdiction over the subject matter;
b. jurisdiction over the parties;
c. jurisdiction over the issues of the case; and
d. jurisdiction over the res or thing involved in the litigation.
What is the doctrine of primary jurisdiction (primary administrative jurisdiction)? -
ANSWER-courts cannot and will not resolve a controversy involving a question within
the jurisdiction of an administrative tribunal, especially when the question demands the
sound exercise of administrative discretion requiring special knowledge, experience and
services of the administrative tribunal to determine technical and intricate matters of
fact.
What is the doctrine of adherence of jurisdiction (continuity of jurisdiction)? - ANSWER-
means that once jurisdiction has attached, it cannot be ousted by subsequent
happenings or events, although of a character which would have prevented jurisdiction
from attaching in the first instance. The court, once jurisdiction has been acquired,
retains the jurisdiction until it finally disposes of the case.
What is the Omnibus motion rule? - ANSWER-a motion attacking a pleading, order,
judgment, or proceeding shall include all objections then available, and all objections
not so included shall be deemed waived.
Distinguish between a question of law and a question of fact (2004) - ANSWER-There is
a question of law when the doubt or difference arises to what the law is on certain set of
facts.
- must no involve an examination of the probative value of the evidence
- the resolution of the issue must rest solely on what the law provides on the given set of
circumstances
There is a question of fact when the doubt or difference arises as to the truth or
falsehood of the alleged facts.
