[SPiP] Additional Situations Flashcards
Apple entered into a contract of loan with Jon whereby Apple loaned the amount of 3M pesos from Jon payable by next year. After a year, Jon demanded the amount of the loan from Apple, but Apple could only pay 1.5M, promising to pay Jon the full amount by next month. After a month, Jon once again demanded payment from Apple and this time Apple made good on her promise paying the full amount.
After some time, and much to Apple’s surprise, Jon filed a collection suit against her with the RTC of Cebu. Jon demanded payment for 1.5M pesos representing the second half of the loan which Apple supposedly did not pay. Trial ensued, and Apple was only able to present the receipt for the first payment but not the second one. The trial court ruled in favor of Jon. After judgment, Apple suddenly remembered that Bren was with her when she made her second payment. Bren is from Bohol and was visiting Apple that day in order to give her some kalamay. Apple immediately contacted Bren who agreed to testify on her behalf. Apple then proceeded to file a timely MNT citing newly discovered evidence.
If you were the judge, would you grant the MNT? Explain.
Forgotten Evidence not a ground
Apple entered into a contract of loan with Jon whereby Apple loaned the amount of 3M pesos from Jon payable by next year. After a year, Jon demanded the amount of the loan from Apple, but Apple could only pay 500k, promising to pay Jon the full amount by next month. After a month, Jon once again demanded payment from Apple and this time Apple made good on her promise paying the full amount.
After some time, and much to Apple’s surprise, Jon filed a collection suit against her with the RTC of Cebu. Jon demanded payment for 2.5M pesos representing the second half of the loan which Apple supposedly did not pay. Trial ensued, and Apple was only able to present the receipt for the first payment but not the second one. After the trial but before the court issued a judgment, Apple suddenly remembered that Bren was with her when she made her second payment. Bren is from Bohol and was visiting Apple that day in order to give her some kalamay. Apple immediately contacted Bren who agreed to testify on her behalf. Apple then proceeded to file a timely MNT citing newly discovered evidence.
If you were the judge, would you grant the MNT? Explain.
No judgment therefore MNT is not allowed. The proper remedy is Motion to Reopen Trial which may be had only [either or both] parties have formally offered, and closed their evidenced [but] before judgment
Comelec using its quasijudicial functions disqualified the candidacy Jake ruling that he was a nuisance candidate. What is Jake’s remedy if he wants to question the Comelec ruling?
COMELEC & COA - 65
CSC - 43
Aploy filed a case in the RTC questioning the validity of the Board of Directors electing a replacement for Arman who resigned as director. RTC ruled against Aploy.
a) What is her remedy if she is questioning the judgment on a pure question of law?
b) Let us vary the situation, What is her remedy if she is questioning the judgment on both fact and law?
for verification by atty. G
possible answer
- both 43 (special commercial court)
LB: A.M. No. 04-9-07-SC, September 14, 2004
“All decisions and final orders in cases falling under
- Interim Rules of Corporate Rehabilitation, &
- Interim Rules of Procedure Governing Intra-Corporate Controversies under RA 8799
**shall be appealable to the CA through a [petition for review under 43]
Ethan filed a civil case for collection of sum of money for the unpaid car he sold worth Php1,200,000 that Jon failed to pay for in the MTC of Cebu. The MTC ruled in favor of Ethan. Jon appealed the ruling of the MTC to the RTC using Rule 40 wherein he questioned the ruling based purely on law. The RTC likewise ruled in favor of Ethan thus Jon likewise appeal the case using Rule 45 directly to the Supreme Court again questioning the ruling based purely on law. Ethan in its comment to the Supreme Court pointed out that the case should be dismissed as the proper remedy should be Rule 42 as it was the judgment of the RTC in its appellate jurisdiction. What remedy should have been pursued by Jon?
42?
65(?) - summary procedure cannot be appealed anymore
Bren filed a case questioning the registration by Jon on a parcel of land worth P80,000 located in Dumaguete in the MTC of Dumaguete. The MTC ruled in favor of Jon wherein Bren received the copy of the judgment on September 1. Bren filed an appeal using Rule 45 to the Supreme Court as the he questioned the ruling purely based on law. Jon in its comment to the Supreme Court pointed out the case should be dismissed as Bren used the wrong remedy and that correct remedy should be Rule 40 to the RTC even if it was a question based purely on law as it is only judgments of the Sandiganbayan, RTC, CTA en banc, and CA that could be questioned using Rule 45. Was Jon correct?
45 - delegated JD
pure qeuestion of law
A case was filed in the MTC. The case was rendered in favor of Mark. Fulton on the other hand wants to assail the judgment and so he filed a motion for new trial. A motion for new trial was granted. However, Mark wants to assail the order granting the new trial. What is the remedy of Mark?
Suppose that the remedy of Mark was granted how then can Fulton appeal from any adverse judgement?
Rule 65
Rule 41
Bren filed a civil case to collect the 2.5m debt from Jon in the RTC. Bren connived with clerk of court making it appear that Jon received the summons. The court then issued an order of default against Jon.
a) What is the remedy of Jon who was erroneously declared in default when there was already service of the order of default but before judgment upon default is rendered? If so, where do you file it?
b) What is the remedy of Jon who was erroneously declared in default when there is already a default judgment but not yet final and executory? If so, where do you file it?
c) What is the remedy of Jon who was erroneously declared in default when there is already a default judgment, and the judgment is already final and executory but received the copy of the order of default and the default judgment 4 months after judgment was entered? If so, where do you file it?
d) What is the remedy of Jon who was erroneously declared in default when there is already a default judgment, and the judgment is already final and executory but received the copy of the order of default and the default judgment 7 months after judgment was entered? If so, where do you file it?
Assume that you have received an adverse decision and filed a MR which was denied
Give the reglementary periods for the filing of the following
- Notice of Appeal to CA
- Petition for Certiorari under R65
- Petition for Review to CA under R42
- Petition for Review on Certiorari to the SC under R45
- Petition for Certiorari under R64
