Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Appeal - Rule 122 | ESSAY
Medium
Civil Case No. 2023-CR-88, Regional Trial Court, Branch 9. Judgment was rendered on January 10, 2024, and a copy was served on January 12, 2024. On January 25, 2024, the losing party timely filed a motion for new trial u...
Citations: Rule 122, Sec. 1 (perfection of appeals), Rule 122, Sec. 2 (tolling during timely motion for new trial), Rule 50 (Motion for New Trial), Rules of Court (general appellate procedure), Rule 65 (Petitions for Certiorari)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Pre-trial Order | ESSAY
Medium
Civil action for breach of contract. After a pre-trial conference under Rule 118, the court issues a pre-trial order stating: (1) the issues to be tried are breach of contract and damages; (2) documentary Exhibit A and E...
Citations: Rules of Court, Rule 118 (Pre-Trial)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | ESSAY
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Dizon exercises discretion in procedure and strategy by (i) filing a motion to transfer venue from Manila to Cebu on grounds of local prejudice...
Citations: Code of Professional Responsibility and Accountability (CPRA), A.M. No. 22-09-01-SC
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | ESSAY
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Ramos exercises discretion in procedure and strategy by filing a sequence of motions solely to delay proceedings: (i) a motion for extension of...
Citations: Code of Professional Responsibility and Accountability (A.M. No. 22-09-01-SC)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | MULTIPLE_CHOICE
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Reyes exercises discretion in procedure and strategy by (i) moving to bifurcate liability and damages; (ii) filing a protective order limiting...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | MULTIPLE_CHOICE
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Reyes exercises discretion in procedure and strategy by (i) moving for a summary determination of liability on issues of law; (ii) filing a pro...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | ESSAY
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Reyes exercises discretion in procedure and strategy by (i) moving to bifurcate liability and damages; (ii) requesting a protective order restr...
Citations: Code of Professional Responsibility and Accountability, A.M. No. 22-09-01-SC
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | MULTIPLE_CHOICE
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Solis exercises discretion in procedure and strategy by (i) moving to consolidate two related cases for trial on liability and damages, (ii) fi...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | ESSAY
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Kim uses discretion in procedure and strategy by (i) moving to appoint a special master to oversee a confidential discovery of trade secrets, (...
Citations: Code of Professional Responsibility and Accountability (CPRA), A.M. No. 22-09-01-SC
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | MULTIPLE_CHOICE
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Lara exercises discretion in procedure and strategy by (i) filing a motion for bifurcation of liability and damages; (ii) filing a motion for a...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | MULTIPLE_CHOICE
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Lin exercises discretion in procedure and strategy by (i) moving to bifurcate liability and damages; (ii) filing a protective order limiting di...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | ESSAY
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Mina exercises discretion in procedure and strategy by (i) filing a motion for bifurcation of liability and damages; (ii) filing a motion for p...
Citations: A.M. No. 22-09-01-SC (Code of Professional Responsibility and Accountability, CPRA)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | MULTIPLE_CHOICE
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Santos exercises discretion in procedure and strategy by (i) moving to bifurcate liability and damages; (ii) moving for a protective order limi...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | ESSAY
Medium
In a civil action before the Regional Trial Court, plaintiff's counsel Atty. Santos exercises discretion in procedure and strategy by filing a sequence of motions solely to delay proceedings: (i) a motion for extension o...
Citations: Code of Professional Responsibility and Accountability (CPRA), A.M. No. 22-09-01-SC - Non-interference in Courts or Tribunals; limitations on procedural strategies that unduly delay or intimidate the court.
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | MULTIPLE_CHOICE
Medium
In a civil action before the Regional Trial Court, plaintiff’s counsel Atty. Mateo exercises discretion in procedure and strategy by (i) moving for the appointment of a special master to supervise voluminous discovery an...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | ESSAY
Medium
In a civil action before the Regional Trial Court, plaintiff’s counsel Atty. Mateo exercises discretion in procedure and strategy by (i) moving for the appointment of a special master to supervise confidential discovery...
Citations: A.M. No. 22-09-01-SC, Code of Professional Responsibility and Accountability (CPRA) - Non-interference in Courts or Tribunals and related guidance on discretion in procedure and strategy
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Discretion in Procedure and Strategy | MULTIPLE_CHOICE
Medium
In a civil action before the Regional Trial Court, plaintiff’s counsel Atty. Vega exercises discretion in procedure and strategy by (i) moving to consolidate the related case for trial of liability only, (ii) filing a pr...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Prohibited Motions | MULTIPLE_CHOICE
Medium
In a civil action for damages arising from alleged medical malpractice during a surgical procedure, the defendant’s counsel files a motion to suspend the proceedings for 45 days on the ground that a related criminal case...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Judicial Dispute Resolution (JDR) | ESSAY
Medium
A civil action for damages arising from a joint venture agreement between a city government and a private contractor for an urban drainage project is filed in the trial court. The court orders Judicial Dispute Resolution...
Citations: Supreme Court Administrative Circular No. 03-1-09-SC (Judicial Dispute Resolution), A.M. No. 19-10-20-SC (Amending Rule 18 pre-trial procedures), Rules of Court, Rule 18 (Pre-Trial)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Cases for Mediation on the Civil Liability | ESSAY
Medium
Facts: In a civil action for damages arising from a defective product, Plaintiff A sues Defendant B for Php 210,000. The case is at the pre-trial stage. The trial court orders the parties to mediation on the civil liabil...
Citations: Supreme Court Rules on Mediation (Rules on Mediation), Rules of Court (Civil Procedure)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Judicial Dispute Resolution (JDR) | ESSAY
Medium
A civil action for breach of a cloud-services agreement is filed in the trial court. The court orders Judicial Dispute Resolution (JDR) under A.M. 03-1-09-SC as part of the pre-trial procedure under Rule 18 (as amended b...
Citations: Rule 18, Rules of Court, A.M. No. 03-1-09-SC (Judicial Dispute Resolution), A.M. No. 19-10-20-SC (amendment affecting pre-trial procedures)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Judicial Dispute Resolution (JDR) | ESSAY
Medium
A civil action for breach of a software licensing agreement is filed in the trial court. The court orders Judicial Dispute Resolution (JDR) under A.M. 03-1-09-SC as part of the pre-trial procedure under Rule 18 (as amend...
Citations: Rules of Court, Rule 18 (Pre-Trial), Administrative Circular No. 03-1-09-SC (Judicial Dispute Resolution), A.M. No. 19-10-20-SC (amendment to pre-trial procedures)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Effect of Estoppel | ESSAY
Medium
A civil action is filed in the Municipal Trial Court (MTC) by X against Y for damages arising from a land dispute and for possession. The action concerns title to real property, which falls within the exclusive jurisdict...
Citations: Rules on jurisdiction and estoppel in Philippine jurisprudence (general principles that lack of SMJ cannot be cured by consent; estoppel by participation may bar late challenges to SMJ); Philippine Rules of Court on procedures for challenging judgments based on lack of SMJ; relevant case law and commentary on estoppel and jurisdiction would be cited in a complete answer.
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Substituted | ESSAY
Medium
A plaintiff files a civil action in the Regional Trial Court against a private individual, Rafael G. After reasonable diligence, personal service cannot be effected at his residence or his place of business. Substituted...
Citations: Rules of Court, Rule 14, Sec. 14 (Substituted service), A.M. No. 19-10-20-SC (amendment to summons and service procedures)