A.I. Powered: Philippine Bar Reviewer

Question

III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)

A. General Provisions (Rule 1)

Assuming you are a legal practitioner, answer the following practical questions based on the given scenario:

1. Ricardo filed a complaint for breach of contract against ABC Corporation before the Regional Trial Court (RTC). The corporation filed a motion to dismiss the complaint on the ground of lack of jurisdiction. According to them, the proper court to hear the case is the Municipal Trial Court (MTC) because the amount involved is only Php 100,000. Ricardo opposed the motion, arguing that the RTC has jurisdiction based on the allegations in the complaint. How should the court resolve the motion to dismiss based on the rule on jurisdiction?

2. Maria filed an action for ejectment against her tenant, Juan, before the Metropolitan Trial Court (MTC). In his answer, Juan admitted his possession but raised the defense that Maria failed to comply with the requirement to send a demand letter before filing the ejectment case. Maria, in her reply, argues that a demand letter is not necessary since Juan is a non-paying tenant. Is a demand letter required before filing an ejectment case? Discuss the relevant provision in the Rules of Court.

3. PhilCorp Bank filed a collection case against Juan for unpaid loans before the RTC. Before trial, Juan files a motion to dismiss the case on the ground of improper venue. According to him, the proper venue should be the place where the loans were made, as stipulated in the loan agreements. PhilCorp Bank opposes the motion, stating that the venue is proper because Juan is a resident of the place where the complaint was filed. Will the motion to dismiss on the ground of improper venue prosper? Explain the rule on venue that applies in this case.

4. Anna and Ben entered into a contract for the sale of a piece of land. However, Anna discovered that Ben had concealed information about a pending lawsuit involving the land. Based on this discovery, Anna wants to rescind the contract. Can Anna immediately file a court case for rescission? Discuss the requirement under the rules for filing a court action for rescission.

5. Jessie filed a petition for the annulment of his marriage to Maria on the ground of psychological incapacity. During the trial, it was discovered that Jessie and Maria had been living together for several years after the celebration of their marriage. Can the court grant the annulment based on psychological incapacity even if the couple continued to live together after the marriage? Explain the effect of cohabitation on the annulment of marriage based on psychological incapacity.

---

Answer