Under oath the promissory note which is an actionable

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under oath the promissory note, which is an actionable document, since its answer was not verified or under oath. Thus Oriental Textile Mills is deemed to have impliedly admitted the genuineness and due execution of the promissory note, including the authority of the signatory Jesus Lim. Hence I could object to the introduction of evidence that Lim was not duly authorized. (b) No, the court may not grant the motion for execution pending appeal on the ground of the filing of the bond. The Supreme Court has held that the mere filing of a bond by the movant in favor of the adverse party is not a good ground for execution pending appeal; otherwise the grant of execution pending appeal would become routinary. VII (a) No, the order of Judge Harbottle finding Atty. Vanilla guilty of indirect contempt was not proper. Under the Rules of Civil Procedure, a show-cause order to initiate indirect contempt proceedings would be proper only if the proceedings were initiated by the court against whom the contempt was committed. Here the proceedings were initiated not by RTC Branch 1, the court against whom the contempt was committed, but by the prosecutor through a motion to cite Atty. Vanilla in contempt. Thus the show-cause order was not proper and thus the indirect contempt proceedings were not validly initiated. Hence Judge Harbottle’s order was not proper. (b) The remedy of Atty. Vanilla from the order of Judge Harbottle finding her guilty of indirect contempt is an appeal to the Court of Appeals. Under the Rules of Civil Procedure, the final order of indirect contempt may be appealed to the proper court as in criminal cases. The appeal from a final order of the RTC in criminal cases is to the Court of Appeals. VIII My advice to my client would be to file an action for recovery of possession with the regional trial court of Las Piñas City. Under the Law on Civil Procedure, the proper action to recover the real right of possession is an action for recovery of possession.
2019 Suggested Answers to Jurists Mock Bar Examinations in Remedial Law. © 2019 by Jurists Review Center Inc. Copying, dissemination, storage, use, modification, uploading, and downloading without the express written consent of Jurists Review Center Inc. is strictly prohibited and shall be subjected to criminal prosecution and administrative charges, including the appropriate complaint with the Bar Confidant’s Office and IBP. Page 4 of 8 The action should be filed with the regional trial court of Las Piñas City. Under B.P. Blg. 129, it is the regional trial court which has exclusive jurisdiction over real actions involving real property with an assessed value of more than ₱50,000. Under the Rules of Civil Procedure, the venue of a real action is in the place where the real property is situated. Here my client seeks to recover possession by evicting Dong and the assessed value of the real property or land is more than ₱50,000. Thus the regional trial court has jurisdiction and the venue is in Las Piñas City where the real property or land is situated.

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