Civil Pro (Pre-Test)

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PRE-TEST

REMEDIAL LAW REVIEW I


ATTY. ZEHAN LOREN E. TOCAO- TALIPASAN, REB

I. What is the principle of anticipatory breach?


II. When should objection to jurisdiction over the subject matter be
made? Can it be tackled motu propio for the first time on appeal?
III. Does the Court of Appeals have the power to try cases and conduct
hearings, receive evidence and perform acts necessary to resolve
factual issues?
IV. Is an action for foreclosure of a real estate mortgage an action
incapable of pecuniary estimation?
V. A filed a complaint against B for collection of sum of money
amounting to Php 400,000.00 before the Regional Trial Court.
However, after the trial the Court found that the liability is only up
to Php 350,000.00 only hence it rendered judgment dismissing the
case for lack of jurisdiction. Is the Court action valid?
VI. N sued S for injuries he suffered when S drove his car recklessly
and bumped into N. S confessed judgment and was adjudged to
pay Php 5,000.00. N became blind because of the injuries he
sustained in the accident. He filed another suit against S this time
for P 100,000.00 May S plead the filing of the first complaint in
abatement of the second suit and contend that the judgment on the
merits in the first case constitutes a bar in the second?
VII. A files a collection suit against B. In the same complaint he included
a petition for judicial foreclosure of mortgage.Is joiner proper?
VIII. A, a Manila resident, filed a complaint against B, a resident of Iloilo
City. In the RTC of Manila. The complaint joins causes of action:
one for collection of Php 500,000.00 and the other for title to real
property in Iloilo City with an assessed value of Php 20,000.00, both
cause of action being unrelated to each other. Was there a proper
joinder of causes of action?
IX. Is the non-joinder of necessary party or indispensable party a
ground for motion to dismiss?
X. O sold a parcel of land to B. Subsequently O sold and delivered the
same parcel of land to C, who filed with the RTC an application for
original registration of the land. The application was granted and an
original certificate of title (OCT) was issued in the name of C. B filed
an action for reconveyance against C. Judgment was rendered in
favor of B. On appeal, C argued that B should have impleaded the
seller O who is an indispensable party. Is C‟s argument correct?

-end-

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