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RemRev2 April 20 Discussion

The document presents a series of legal questions related to personal injury cases, civil actions, and appeals in the Philippine legal system. It discusses the implications of filing criminal cases alongside civil suits, the concept of forum shopping, and procedural issues regarding appeals and annulments of judgments. The questions require an understanding of the relevant laws and rules governing civil and criminal proceedings in the Philippines.

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mansueto mark anthony
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16 views3 pages

RemRev2 April 20 Discussion

The document presents a series of legal questions related to personal injury cases, civil actions, and appeals in the Philippine legal system. It discusses the implications of filing criminal cases alongside civil suits, the concept of forum shopping, and procedural issues regarding appeals and annulments of judgments. The questions require an understanding of the relevant laws and rules governing civil and criminal proceedings in the Philippines.

Uploaded by

mansueto mark anthony
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Question no.

1
As a result of a collision between a taxicab operated by A
Taxicab Co. and another taxicab operated by B Taxicab Co., Mr.
P, a passenger in the first taxicab, was injured. A criminal action
for reckless imprudence resulting to serious physical injuries
was commenced against both drivers.

(a) In order to maintain the independent character of the


action to recover damages, is it necessary that Mr. P must
reserve his right to institute a civil action separately?

(b) As far as P's right of action for damages against both


operators is concerned, is it necessary that he must choose
between proceeding in accordance with the provisions of the
NCC on culpa contractual and culpa aquiliana and proceedings
in accordance with the provisions of the Revised Penal Code on
the liability of employers for crimes committed by their
employees?

Question no. 2
X (driver) was driving the dump truck of Y (employer) along
Cattleya Street in Sta. Maria, Bulacan. Due to his negligence, X
hit and injured V who was crossing the street. Lawyer L, who
witnessed the incident, offered his legal services to V. V, who
suffered physical injuries including a fractured wrist bone,
underwent surgery to screw a metal plate to his wrist bone.

On complaint of V, a criminal case for Reckless Imprudence


Resulting in Serious Physical Injuries was filed against X before
the Municipal Trial Court (MTC) of Sta. Maria. Atty. L, the private
prosecutor, did not reserve the filing of a separate civil action.

V subsequently filed a complaint for Damages against X


and Y before the Regional Trial Court of Pangasinan in Urdaneta
where he resides. In his "Certification Against Forum Shopping,"
V made no mention of the pendency of the criminal case in Sta.
Maria.

a. Is V guilty of forum shopping?

b. Suppose only X (driver) was named as defendant in the


complaint for damages, may the court motu proprio dismiss
the complaint for failure of V to implead Y as an
indispensable party?

Bar 2022 No. 3 Part 2

The Regional Trial Court (RTC) rendered a decision against Kat.


She received a copy of the decision on December 26, 2021. Kat’s
counsel filed with the Supreme Court a petition for review on
certiorari under Rule 45 by registered mail on January 10, 2022.
The petition was dismissed for failure to pay the docket fees
within the reglementary period.

Kat’s counsel challenged the dismissal arguing that: (i) the


intention was to pay the docket fees after the same is assessed
upon the court’s receipt of the petition by registered mail; and (ii)
the dismissal of the petition effectively rendered nugatory a
party’s statutory right to appeal by registered mail under the
rules. Kat’s counsel also added that she did not want to include
cash money in the mail. Is Kat’s counsel correct? Explain briefly.

2022 Bar No. 4 Part 2


Nysa was defrauded by Jackie resulting in damages to the former.
Nysa filed a civil suit before the Regional Trial Court (RTC). The
RTC dismissed her complaint. Within four years from Nysa’s
discovery of the dismissal of her complaint, she filed, through her
counsel, a petition for annulment of judgment under Rule 47 of
the Rules of Court before the Court of Appeals (CA) on the ground
of fraud. Should the CA give due course to Nysa’s petition?
Explain briefly.

2. You lost in an action for specific performance before the


Regional Trial Court, Branch 1 of Manila. You want to question the
credibility of the witnesses and evidences presented during the
trial in the RTC. How will you appeal?

3. You lost an appeal before the Regional Trial Court, Branch 1 of


Manila, for an action for ejectment case. How will you appeal?

4. You want to raise a pure question of law because you lost an


appeal before the Regional Trial Court, Branch 1 of Manila in an
action for ejectment. How will you appeal?

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