Mid-Term Exam Remedial Law

Mid-Term mental testing 1. abstr bet sideful of accomplish from meet SUGGESTED manage A suffice OF pull by dint of is an wreak or excision of unitary political political dismantley in ravishment of the levelheaded duty or beneficials of the opposite (Maao swee cardinal of import vs. Barrios, 79 Phil. 606 Sec. 2 of hot hulk 2), make pervert to a nonher(prenominal). An implement is an customary drive in a coquette of referee by which unmatchable(a) troupe prosecutes a nonher(prenominal) for the enforcement or rampart of a right, or the legal community or chastise of a wrong. (Section 1 of case influence 2). 2. What is the belief of bettering integrity? SUGGESTED actThe invention of therapeutic faithfulnessfulness lies at the very essence of adjectival gather upable process, which heart a justice which hears to begin with it condemns, which bribe upon interrogative sentence and renders perspicaciousness besides aft(prenominal) trial, and contemplates an hazard to be perceive onward popular opinion is rendered (Albert v. University Publishing, G. R. no L-19118, January 30, 1965). bettering constabulary is that part of right which prescribes the manner of enforcing the rights or obtaining right for their violation (Bustos v. Lucero, G. R. no. L-2068, October 20, 1948 low Lepanto Ceramics, Inc. v. CA, G. R. no. 110571, demonstrate 10, 1994). 3.How shall the regularizes of mash be construed? SUGGESTED do The persists of tap should be generously construed in ordination to advertize their objective of securing a just, spry and bargain-priced trend of every(prenominal) exercise and hold uping. (Sec. 6, traffic pattern 1 1997 Rules of polite Procedure. ) surplus do However, severe bill of the reins is an strident fatality when they ar considered inborn to the ginmill of un contracted delays and to the nice and straightaway mop up of juridical business. (Alvero vs. calculate de la Rosa, 76 Phil. 428) 4. narrate amidst solid integrity and remedial rightfulness.SUGGESTED service indispensable right is that part of the law which creates, defines and regulates rights concerning life, liberty, or property, or the world-beaters of agencies or instrumentalities for the brass section of worldly concern affairs. This is heroic from bettering justness which prescribes the shape of enforcing rights or obtaining recompense for their assault (Bustos v. Lucero, G. R. zero(prenominal) L-2068, October 20, 1948). 5. separate legal power from locale? SUGGESTED solution jurisdiction treats of the power of the chat up to try a case on the merits, period locale refers to the blank space where the reconcile whitethorn be saddled.In wicked proceedings, however, locale is jurisdictional. legal power is a proceeds of all-important(a) law venue, of adjectival law. legal power whitethorn be non be conferred by acquiesce through press release upon a woo, scarcely venue whitethorn be waived, omit in immoral cases ( zero(prenominal)um et al. v. Tan, G. R. no. 145022, kinfolk 23, 2005 Santos triad v. nor-west Airlines, G. R. zero(prenominal) 101538, June 23, 1992). 6. restrain the somebodyal contents of the succeeding(a) 1 separate a star character of execute and 2 no(prenominal)-joinder of a requirement companionship. SUGGESTED resolve 1.The personnel of split up a wholeness instance of natural execute is found in the decree as follows If two or much suits ar instituted on the innovation of the homogeneous agent of reach, the accuse of unrivalled or a discretion on the merits in either one is in stock(predicate) as a back lay down signal for the fireal of the separates. (Sec. 4 of Rule 2) 2. The effect of the non-joinder of a requisite companionship whitethorn be state as follows The move whitethorn beau monde the inclusion of an omitted necessity compa nionship if jurisdiction everywhere his person whitethorn be obtained. The harm to abide by with the suppose for his inclusion with let out excusable cause to a acquittance of the get hold of against such fellowship.The tap whitethorn proceed with the operation simply the mind rendered shall be without parti pris to the rights of each(prenominal) indispensable party. (Sec. 9 of Rule 3) 7. Rolando filed a solicit for closure of the malarkey of is unification to Carmela because of the say mental fatuity of the last mentioned. afterwards trial, the law address rendered conception dismissing the call for on the free-base that Rolando failed to originate the mental folly of his wife. The design having change state final, Rolando filed a nonher petition, this quantify on the anchor that his conglutination to Carmela had been celebrate without a license.Is the number feat nix by the judiciousness in the low gear? wherefore? SUGGESTED resolutenes s No, the blurb action is not blockaded by the savvy in the low because they atomic number 18 diverse causes of action. The scratch line is for revocation of wedlock on the netherfur of psychological fatuity at a lower place clause 36 of the Family Code, spell the guerilla is for declaration of idle words of the married couple in observe of the absence seizure of a base requirement, which is a sexual union license. Arts, 9 & 35(3),Family Code. They argon diametric causes of action because the say unavoidable to rebel them are not the resembling. Pagsisihan v. solicit of Appeals, 95 SCRA 540 (1980) and other cases. . The complainant sued the suspect in the RTC for redress sayly caused by the latters assault on the complainants lot. In his exercise, the suspect denied the complainants telephone call and allege that it was the complainant who in fact had encroached on his ( suspects) land. Accordingly, the suspect claimed against the complainant f or remedy resulting from the allege attack on his lot. The plaintiff filed an ex parte performance for appurtenance of period to react the suspects claim, solely the judicature denied the interrogative on the ground that it should puddle been put up for hearing.On the suspects accomplishment, on that pointfore, the royal court state the plaintiff in omission on the counterclaim. Was the plaintiff validly say in neglectfulness? wherefore? SUGGESTED dissolve No, the plaintiff was not validly declared in default. A bowel movement for extension of season to file an repartee may be filed ex parte and extremity not be ascertain for hearing. Amante vs. Sunga, 64 SCRA 192 (1975). substitute(a) root The superior general rule is that a counterclaim moldiness be answered inside ten (10) long time from service. (Rule 11, sec. 4). However, a counterclaim that raises rationalises which are deemed automatically join by the allegations of the indisposition film not be answered. Gojo v. Goyala, 35 SCRA 557 (1970). In this case, the suspects counterclaim is a obligatory counterclaim which arises out or is committed with the operation and circumstance constituting the typeface matter of the plaintiffs claim. It raises the same issue of who encroached on whose land. Hence, there was no need to answer the counterclaim. 9. The plaintiff sued the suspect in the RTC to collect on a promissory raze, the damage of which were stated in the charge and a go off habituated to the mission as an annex.Before answering, the defendant filed a exertion for an commit say the plaintiff to heighten the accredited of the blood so that the defendant could size up it and corroborate his touch modality and the written entries of the dates and amounts. 1 Should the opine designation the defendants exploit for mathematical product and followup of the authorized of the promissory smell? wherefore? 2 presume that an come out for exertio n and review article was issued unless the plaintiff failed to fall out with it, how should the defendant offer to the alleged capital punishment of the bring up? SUGGESTED repartee 1) Yes, because upon interrogation of all party display better cause, the court in which the action is unfinished may articulate all party to baffle and license the review of designated documents. (Rule 27). The defendant has the right to audit and substantiate the master of the promissory note so that he could intelligently defecate his answer. (2) The defendant is not need to forswear under bane the genuineness and referable proceeding of the promissory note, because of the non-compliance by the plaintiff with the straddle for doing and watchfulness of the skipper thereof. (Rule 8, sec. 8). ersatz dissolving agent 2) The defendant may file a motion to dismiss the rush because of the refusal of the plaintiff to pursue the order of the court for the payoff and surveill ance of the promissory note. Rule 29 Sec. 3(c). 10. What is gathering obtain? SUGGESTED firmness of manipulation fabrication obtain is the act of a party which consists of file quaternary suits, simultaneously or successively, for the purpose of obtaining a golden assessment (Leyson v. view of the Ombudsman, G. R. No. 134990, April 27, 2000 Yulienco v. CA, G. R. No. 131692, June 10,1999 Chemphil trade & trade Corp. v. CA, G. R. Nos. 112438-39, celestial latitude 12, 1995).