Makeup Quiz 6

Antonio files a case against Basco for specific performance of a contract to sell real property. During the pendency of the case, a third party, Carmi, who claims to be a creditor of Basco, files a petition for intervention, alleging that the real property subject of the case is a collateral for a loan obtained by Basco from Carmi.

Can the court deny the petition for intervention?

Answer explanation

Yes, the court can deny the petition for intervention if it finds that the intervenor, Carmi, does not have a legal interest in the subject matter of the action or in the outcome thereof.

In this case, while Carmi may have a creditor-debtor relationship with Basco, this alone does not give Carmi a direct and substantial interest in the outcome of the specific performance suit between Antonio and Basco. Carmi's interest is merely incidental and indirect.

Mike filed a case against Gina for specific performance of a contract to sell real property. During the pendency of the case, a third party, Carlo, who claims to be a mortgagee of the property, files a petition for intervention, alleging that the property is subject to a mortgage in Carlo's favor.

In what instances may Carlo's intervention be denied, even if he has a legal interest in the case?

Answer explanation

Intervention may be denied if it is filed out of time, if it will unduly delay the proceedings, or if it will prejudice the rights of the original parties. Even if the intervenor has a legal interest, the court may reject the motion if it determines that the disadvantages of allowing intervention outweigh the benefits.

In Majestic Finance and Investment Co. Inc. vs Mendoza (2014), the court held that intervention is not an absolute right and must be balanced against the need for efficient and fair adjudication of the main case.

Andrea files a civil case against Brenda for specific performance of a contract to sell real property. Judgment is rendered in favor of Plaintiff A. After the judgment becomes final and executory, a third party, Cristy, who claims to be a co-owner of the property, files a motion to intervene.

What happens if the motion to intervene is filed after judgment has been rendered, and is there any exception to this rule?

Answer explanation

As a general rule, a motion to intervene filed after judgment is considered untimely and will be denied. The exception is when the intervenor can show extraordinary circumstances that justify the delay and demonstrate that their rights will be significantly affected if intervention is not allowed.

In Pinlac vs. CA (2003), the court reiterated that post-judgment intervention is disfavored but may be allowed in exceptional cases to prevent injustice.

Rodrigo, a witness, is served with a subpoena ad testificandum to appear in court for a civi case. However, the subpoena was not served personally to Rodrigo, but instead left with his neighbor. Rodrigo received the subpoena only a few hours before the scheduled court hearing.

Rodrigo believes that the subpoena is invalid and intends to file a motion to quash it since he is unwilling to testify, the subpoena was not properly served, he is the defendant's relative, and the case is already decided. Decide.

Answer explanation

The subpoena was not properly served.

A subpoena ad testificandum must be served personally to the witness to ensure that they have actual notice of the court order to appear. If the subpoena is not properly served, the witness may move to quash the subpoena on the ground of improper service.

A witness, Yolanda, was served with a subpoena ad testificandum to appear in court for a civil case. Despite proper service, Yolanda failed to appear on the scheduled hearing date without any valid excuse. If you are the Judge, what will you do for Yolanda's non-appearance? Explain.

Answer explanation

Issue a warrant of arrest

Failure to comply with a subpoena ad testificandum is a form of contempt of court. The court may punish the non-compliant party by issuing a warrant of arrest to compel their appearance.

A plaintiff in a civil case files a subpoena duces tecum against a bank, demanding the production of all financial records of the defendant for the past ten years. The defendant argues that the subpoena is overly broad and burdensome, as it seeks irrelevant and confidential information.

Decide.

Answer explanation

A subpoena duces tecum can be quashed if it is irrelevant, immaterial, or unduly burdensome, or if it calls for the production of privileged documents.

In this case, the defendant may argue that the subpoena duces tecum is overly broad and burdensome, as it seeks information that is not relevant to the case. The defendant may also argue that the subpoena calls for the production of confidential financial information that is protected by the Bank Secrecy Law.

Mario files a civil case against Joseph for specific performance of a contract to sell real property. After a lengthy trial, judgment is rendered in favor of Mario. However, Joseph refuses to comply with the judgment, claiming that the property is not owned solely by them but is co-owned with another person. Mario moves for a subpoena to compel the appearance of Mary, a witness who can testify about the true ownership of the property. Decide.

Answer explanation

I will deny the motion for subpoena. A subpoena cannot be issued after a judgment has been rendered. Once a judgment is final and executory, the primary focus shifts to its enforcement, not gathering additional evidence.

If new evidence comes to light after judgment, it might be grounds for a motion for new trial or relief from judgment, but not for issuing a subpoena.

The scenario presented is a common misconception. It's crucial to understand that the judicial process has specific stages, and once a judgment is finalized, the court's primary role becomes enforcing that judgment.

Sara filed a complaint against Bongbong for breach of contract. During the pre-trial conference, both parties agreed on the following:

1. Facts: The parties agreed on the essential facts of the case, including the existence of the contract, its terms, and the alleged breach.

2. Issues: The parties agreed on the legal issues to be resolved, which primarily involved the interpretation of specific contractual provisions.

3. Evidence: Both parties agreed that the evidence presented during the pre-trial conference was sufficient to resolve the case.

Will it be proper for the court to render judgment after the pre-trial conference?

Answer explanation

Yes, a judgment can be rendered after the pre-trial conference when there is no genuine issue of fact. In this case, the parties agreed on the essential facts and the legal issues, and the evidence presented was sufficient to resolve the case. Therefore, the court could properly render a judgment based on the submissions of the parties.

Emma filed a civil case against David for breach of contract. During the pre-trial conference, the court issued a pre-trial order that:

1. Limited the number of witnesses Emma could present.

2. Excluded certain evidence that Emma believed was crucial to her case.

Emma believes that the court's order is unfair and will prejudice her case.

Can Emma move for the reconsideration of the pre-trial order?

Answer explanation

Yes, Emma can move for reconsideration of the pre-trial order if she believes there are valid grounds to challenge it. This is a common legal procedure to seek a review of prior decisions. In this case, Emma can argue that the court's order limiting the number of witnesses and excluding certain evidence is unreasonable and will prevent her from presenting her case fully.

Aiden is a defendant in a civil case. He has received a notice from the court to file a pre-trial brief, but he is unsure about the importance of this document. He is considering not filing the brief to save time and effort.

What are the potential consequences of not filing a pre-trial brief?

Answer explanation

Failure to file a pre-trial brief can result in the court disregarding your arguments, limiting your ability to present your case effectively, and potentially harming your chances of a favorable outcome. A pre-trial brief is a crucial document that outlines your legal arguments, identifies the issues to be tried, and proposes a schedule for the trial. By not filing a pre-trial brief, you risk losing control of the case and being at a disadvantage.