San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
Subject: CIVIL LAW
Prepared by: CAYABAN, IVA FREYRITZ ERICA E.
LEGAL PROBLEM: CIVIL LAW (PERSONS and FAMILY
RELATIONS)
Tala and Vince are both lawyers who got married to each
other after passing the bar exams. During the third year of
their marriage, spouses Tala and Vince applied for
immigration to the United States. In 2000, the spouses’ visas
were approved and thereafter, they migrated to the United
States.
In 2006, they were both granted American citizenship.
However, due to the stress of practicing law in the United
States, the marriage of the spouses fell apart. Tala and Vince
eventually obtained a divorce in the United States, which
became final in 2008.
During her visit to the Philippines in 2009, Tala met and fell in
love with John, a Filipino lawyer, who was her classmate
during law school. After enduring more than a year of long
distance relationship, Tala and John decided to get married in
the Philippines by December 2010.
Tala is now seeking your advice if she can legally marry John
in the Philippines.
SUGGESTED ANSWER:
Yes, Tala may legally marry John in the Philippines.
Under Article 15 of the NCC, laws relating to family rights and
duties or to the status, condition and legal capacity of persons
are binding upon citizens of the Philippines, even though
living abroad. In the case at bar, Tala was no longer a Filipino
citizen, hence, the laws in the Philippines relating to the civil
aspects will not apply to her.
In this case, Tala has already acquired US citizenship when
her divorce with Vince became final. Under the Nationality
rule, the decree of divorce in the United States between Tala
and Vince who were then already US citizens will be
acknowledged here in the Philippines. Provided, however, that
Tala shall present the decree of divorce of her marriage with
Vince in court and she has no other legal impediment to
remarry.
FINALS REQUIREMENT
Prepared by: ANG, MARILEN R.
CLIENT: Anna Manaloto
FACTS:
Pepe Manaloto, an old haciendero and the father of
Anna Manaloto and Angela Manaloto, owned an unregistered
parcel of land in Sta. Rosa, Nueva Ecija. On January 13, 1990,
this land was conveyed to Victoria Label, his third wife, who
executed a Deed of Conveyance of Unregistered Real Property
handing over to Anna the subject property on February 20,
1998, except that the possession and enjoyment of the said
property shall remain vested in Victoria during her lifetime but
would automatically revert to Anna upon Victoria’s death.
On December 1, 2000, Anna obtained an Original
Certificate of Title in her name with annotation of Victoria’s
usufructuary rights. Meanwhile, Victoria executed another
document on December 22, 2005, donating the same land to
Angela who started paying the realty taxes on the property
from the time of conveyance to her. She then sold the
property to Jaime Reyes on September 4, 2008 and Victoria
executed an affidavit affirming the same while denying the
conveyance made to Julia.
ISSUE:
Whether or not the donation to Angela was valid
depriving Anna of the land and allowing Jaime to acquire any
right over the subject property
ANSWER:
No, the donation to Angela Manaloto was invalid. The
deed of conveyance in favor of Anna must be upheld and so
Jaime could not have acquired any right over the subject
property. Victoria sought to transfer to Angela what she had
earlier transferred to Anna; this being so, the purported object
of donation between Victoria and Angela no longer exist,
having already been transferred to her sister Anna. Similarly,
the sale of the subject property between Angela and Jaime is
also a nullity for the latter cannot acquire more rights than its
predecessor-in-interest.
WORK LIMITATION:
As counsel for client, Anna Manaloto, services may
be limited to:
(1) Court appearances in behalf of client
(2) Consultation, advice and rendering of opinions in
relation to the case
(3) Preparation of legal documents, pleadings and
correspondence
(4) Others that may be required in the course of
litigation
FEES:
As counsel for client, payment of fees shall be as
follows:
(1) Acceptance fee: Php50, 000.00
(2) Filing fee: Php1, 500.00
(3) Deposition charges: Php30, 000.00
(4) Copying costs: Php5, 000.00
(5) Postage: Php1, 000.00
(6) Related expenses: Php20, 000.00
Estimated Fee: Php107, 500.00
Estimated fee may be subject to change. Any
procedure that will increase the amount of fees will be
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

undertaken after notice to client. Counsel shall provide client Prepared by: PAMBID, KARLON
with a monthly statement of fees, costs, and expenses. PROBLEM: Double Sale

On April 5, 2009, John Loyd and Shaina entered into a

“Deed of Conditional Sale”. The first provision of the
agreement reads: VENDOR (John Loyd) sells, cedes and
transfers the above-described parcel land to VENDEE (Shaina)
in consideration of Php 500,000.00, Php 260,000.00 of which
is to be paid upon the execution of the deed and the balance
to be paid in INSTALMENT within a year.” The final sentence of
the contract provides that “immediately upon complete
payment of the purchase price by the VENDEE (Shaina), the
VENDOR (John Loyd) agrees to deliver unto the VENDEE
whatever pertinent document or documents necessary to
have the certificate of title transferred in the name of the
VENDOR to that of the VENDEE and in case of non-payment in
three (3) consecutive months this contract is considered
rescinded and the VENDOR shall not refund any of the
payments made by the VENDEE.”

Shaina paid the monthly instalment for May to July in

the amount of 20,000 per month but failed to pay for the
months of August to November. Shaina, however, again paid
on December and completed the balance due on August 2010
which is more than a year from the execution of the deed. On
September 5, 2010, Shaina demanded that she be put in
physical possession of the land. John Loyd refused and told
Shaina that the agreement between them is rescinded and
that he already sold the same to Bea.

Your Client (Shaina) asks for legal remedies and if

she can avail herself of a refund despite her failure to pay in
four consecutive months considering the condition in the
contract.

SUGGESTED ADVICE:
1. Let us first determine if you have the right to recover
or own the property even if the seller had sold it to
another buyer. In a double sale of real property, the
law says that the ownership shall pertain to the
person acquiring it who, IN GOOD FAITH, FIRST
RECORDED IT IN THE REGISTRY OF PROPERTY.

If there is no registration, the ownership shall pertain

to the first in possession.

If both of you are not in possession of the property,

ownership shall pertain to the person who presents
the oldest title IN GOOD FAITH.

2. Kung iyong mapapansin, laging may kaakibat na

good faith upang mabigyan ng karapatang magmay-
ari ang isang buyer sa double sale. Samakatuwid,
kung alam ni second buyer na ang lupa ay naibenta
na ni seller sa ibang tao at itinuloy pa din ni second
buyer ang pagbili, hindi na siya maituturing na in
good faith.

3. Kung gusto mo namang ibalik na lang sa iyo ang

iyong ibinayad ay maaari din naman. Dahil nga
ibinenta na ng seller sa ibang buyer ang lupa ay
mayroon ka ding karapatan na habulin ang lahat ng
mga naibayad mo.

4. Sabihin na nating may mga nagawa kang paglabag

sa kontrata, ako ay naniniwala na hindi ito puwedeng
gamitin sa iyo ng seller dahil ikaw ay hinayaan
niyang magbayad ng tuluy-tuloy hanggang
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

makumpleto mo ang kabuuang halaga ng lupa. Sa
madaling sabi, ang patuloy niyang pagtanggap ng
bayad kahit na lumabag ka sa kasunduan ay
maaaring maituring na pagpapatawad niya ng mga
paglabag na nagawa mo.
5. Hindi din ako naniniwala na may karapatan ang seller
na singilin ka ng interes sa mga pagkakataon na
hindi ka nakakabayad sa takdang panahon dahil
ayon sa batas, ang interes ay maaari lamang ipataw
kung may nakasaad ito sa kontrata. Dahil walang
nakasaad sa kasunduan ay hindi siya maaaring
magpataw ng interes.
man on his guard. His mere refusal to face up to the fact that
such defect exists, or his willful closing of his eyes to the
possibility of the existence of a defect in the vendor’s or
mortgagor’s title, will not make him an innocent purchaser for
value if it afterwards develops that the title was in fact
defective, and it appears that he had such notice of the defect
as would have led to its discovery had he acted with the
measure of precaution which may be required of a prudent
man in a like situation.

6. Ang maipapayo ko sa iyo ay irehistro mo na sa

Register of Deeds ang Deed of Sale. Hindi lang Deed
of Absolute Sale ang maaaring mairehistro sa RD.
Ang Deed of Conditional Sale ay maaari ding
mairehistro sa RD. Ang Contract to Sell ay maaari
ding mairehistro sa RD. Makatapos nito ay
magpadala ka na ng demand letter sa seller pati na
buyer na nakabili din ng lupa. Kung hindi
pagbibigyan ang iyong mga hiling ay maaari ka ng
magsampa ng kaso sa korte.

Prepared by: ROSALEJOS, Chyrs Anne M.

Problem:

I am an owner of a real property located at Greenhills, which

has a value of Php. 10,000,000.00. I borrowed Php.
2,500,000.00 from Jestoni Brusko. The mortgagee, however,
was able to transfer the property under his name. He then
sold it to Spouses Procopio and Rosalca Undin. I want to file a
suit to nullify the sale, and my contention is that the sale is a
mere equitable mortgage. The Spouses Undin contends that
they are buyers in good faith and for value as they relied
merely upon the face of the title of Eric Northman.

(a) Is the contract an equitable mortgage?

(b) Are the spouses innocent purchasers for value?

Suggested Answer:

(a) The contract between me and Jestoni Brusko is one of an

equitable mortgage. At the time of the sale for Php.
2,500,000.00, the property was worth Php. 10,000,000.00.
This is a proof that the contract was one of equitable
mortgage. Since it was an equitable mortgage, the title
remained with the owner and the title should be transferred
back to the owner conformably with the well-established
doctrine that the mortgagee does not become the owner of
the property mortgaged because the ownership remains with
the mortgagor. The issuance of the title in favor of did not
vest title upon him; nor did it validate the sale to Spouses
Undin. Art. 2083 of the NCC provides that the creditor cannot
appropriate the things given by way of pledge or mortgage or
dispose of them.

(b) The Spouses Undin are not innocent purchasers. They

could have easily inspected the property. The burden of
proving that he is a buyer in good faith lies upon the buyer. It
is true that a person dealing with registered lands need not go
beyond the certificate of title. A purchaser or mortgagee
cannot close his eyes to facts which should put a reasonable
 San Beda College of Law | LEGAL COUNSELING
Subject: TAXATION LAW
Prepared by: PANGHULAN
PROBLEM:
Pursuant to Sec. 7 of Provincial Ordinance no. 7 of
the Sangguniang Panlalawigan of Laguna, enacting a revenue
code of Laguna, effective 01 July 2009, the Provincial
Treasurer of Laguna on 4 June 2010, assessed Gerwinator
Cement Corporation the sum of Php 5, 720,237.00 for
extracting limestone, shale, and silica from several parcels of
private lands in the Municipalities of Mabitak, Cavinti, and
Lumban during the third quarter of 2009 until the first quarter
of 2010. Gerwinator Cement went to the to the Provincial
Capitol to formally contest the assessment on the ground that
the Province had no authority to impose taxes on quarry
resources extracted from private land. However, the
provincial treasurer denied the same. Gerwinator Cement
came to you and asked for the proper legal action that it
should undertake.
SUGGESTED ANSWER:
A province has no authority to impose taxes on
stones, sands, gravel, earth, and other quarry resources
extracted from private lands, the pertinent provision of laws
being 134 and 138 LGC. Sec 186 LGC allows a Province to
levy taxes other than those specifically enumerated under the
Code, subjects to the conditions specified there under. The
tax imposed of the province of Bulacan is an excise tax being
a tax upon the performance carryon, or exercise of an
activity. Under Sec. 133 LGC which provides the common
limitations on the taxing power of the Local Government
Units, a province may not levy excise taxes on articles already
taxed by the NIRC.
Therefore, Gerwinator Cement has properly
contested the assessment.
CLASS 3C, 2010-2011
FINALS REQUIREMENT
Prepared by: VILLANUEVA, CARLOS
Problem: The client, a benevolent business tycoon from
Batangas, is very anxious about the status of his wealth and
his reputation of being selfish. In connection with his
ownership over several establishments in Batangas, he has an
abundance of assets and he has only his girlfriend to share his
fortune with. He was aware of the fact that no matter how
much he earns, his income would still be subject to tax, since
he derives his earnings from sources within the Philippines.
His girlfriend was raised by his parents as an anti-government
and a communist and is the overbearing partner in their
relationship. One day, his girlfriend, who he loves more than
any of his priced possessions, told him that she does not want
even a single centavo of his wealth to go to the government
by way of taxes. He is now in a state of dilemma since he
believes that it is impossible to avoid paying taxes, and that
he should now find a way on how to pay his taxes without his
girlfriend knowing about it. But out of obedience to his most-
beloved, he now comes to your office on his blue Rav4 car for
advice on how will he be able to comply with the command of
his girlfriend and thus avoid paying taxes to the government.
Suggested answer: Firstly, I will tell him not to worry about
his wealth because he has worked hard for it and that there is
nothing wrong with avoiding tax thru legal means since it is
not prohibited in our jurisdiction. I will tell him that there is a
way in satisfying his girlfriend’s command through legal
means and which are supported even by the fundamental law
of the land. Since he is a benevolent man, I will advice him to
donate his assets to an educational institution that qualifies
for tax exemption under Sec. 4(3), Art. XIV of the Constitution,
the donee being a non-stock, non-profit educational institution
whose income and assets are actually, directly and
exclusively used for educational purposes. Having thus
transferred said asset, he will no longer have to pay the taxes
on income derived therefrom. I will also advice him not to
worry on whether he will be made to pay donor’s tax, because
he will not be liable to do so, provided that the following
requisites for exemption under Sec. 101(A)(3) of the Tax Code
concur: 1) the donee institution is a school, college, or
university; 2) it is incorporated as a non-stock, non-profit
entity paying no dividends; (3) it is governed by trustees who
receive no compensation; 4) all its income, whether students’
fees or gifts, donations or subsidies are devoted to the
accomplishment and promotion of the purposes enumerated
in its articles of incorporation; and 5) not more than 30% of
the gift shall be used by the donee for administrative
purposes. Also, according to Heng Tong Textiles Co. Inc. vs.
CIR, an attempt to minimize one’s tax does not necessarily
constitute fraud, and that a taxpayer may diminish his liability
by any means which the law permits, so he need not worry.
This advice would be very favorable to him since it will not
only satisfy the demands of his girlfriend, but it will also
remove his reputation of being selfish and show his true
philanthropic character.
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

Prepared by: REYES, MAOLEN C. Prepared by: ESCALONA, LEO MIGUEL

Client: Scenario:

Reverend Mother Clarita San Juan, Mother Superior General
and Administrator of the properties of Adoration Sisters of
Divine Convent
Facts:
Mother Clarita San Juan, the administrator of the property of
Adoration Sisters of Divine Convent received a Revised Real
Property Tax Assessment of the convent’s property stating
therein that they are obliged to pay the real property tax on
the newly constructed lodging house located within the
premises of the convent. Before the construction of the said
lodging house, the property was absolutely exempted from
paying real property tax since it was actually directly and
exclusively used for religious purposes. With the knowledge of
this constitutional exemption, Mother Clarita San Juan
questions the Revised Real Property Tax Assessment.
Client A was caught by customs officers at the Ninoy
Aquino International Airport attempting to smuggle into the
Philippines pieces of assorted jewelry and precious stones
appraised at $50,000.00. The fancy jewelry were hidden
among the fruits he is carrying, also there were precious
stones sewn into the four corners of a blanket in his baggage,
as well as inside his hand-carry bag. He was taken into a room
inside the airport where he was interrogated regarding the
jewelry and the precious stones he was carrying. He was later
turned over to the police station near the airport where he
was detained. He was accompanied by his wife and his
brother at the police station.
His brother B now comes to you seeking legal advice
regarding the case of his brother for violation of Sec. 3602 of
the Tariff and Customs Code.

Background:
Suggested Answer:
Adoration Sisters of the Divine Convent, administered by
The lawyer must first ask B regarding the facts of the
Mother Clarita San Juan is the possessor and owner of a parcel
case as was relayed to him by A and from there, the lawyer
of land in the City of Tagaytay with a total land area of 15, must personally go to the police station where A is detained
345 square meters. The property was possessed and owned and personally interview him regarding the facts of the search
since January 1980. On the same year, a church and a of his belongings and his interrogation and detention by the
convent were constructed, occupying 3,967 sq. m and 1,476 customs officers and his subsequent transfer and detention at
sq. m of the lot respectively. The other portion of the land the police station. The lawyer must look for any irregularity
remained undeveloped until May 2009, when the regarding the search and seizure of his belongings, his
interrogation, detention at the airport and his subsequent
administrators of the Adoration Sisters of Divine Convent
arrest and detention at the police station. Also the lawyer
decided to have a lodging house constructed, with a land are must likewise ascertain whether such alleged smuggled
of 1,459 sq. m. As planned, the said lodging house was jewelry and precious stones were included in his baggage
erected for the sole purpose of accommodating religious declaration.
worshippers who visits the convent and wishes to stay in the
premises especially during the Lenten season. It was agreed
upon by the administrators that a minimal fee will be charged,
and the fees collected will be used solely for the maintenance
of the lodging house. On December 2009, the construction of
the 5-storey lodging house was completed. The building was
composed of ten (10) bedrooms and a common comfort room
on each floor, a reception area, a prayer room and a store
located at the ground floor intended for the sale of religious
items.

On June 21 2010, a sworn declaration of the property, for

taxation purposes was made by Reverend Mother Clarita San
Juan indicating therein the value of the property, composed of
the land, church, convent as well as the newly-erected
building. It was also specified that the property was taxed
exempt.

Through registered mail, Mother Clarita was informed of the

Revised Assessment of the property stating therein that the
lodging house recently constructed was not exempted from
real property tax, thus the Convent is obliged to pay the
amount stated in the assessment.
 San Beda College of Law | LEGAL COUNSELING
Subject: COMMERCIAL
Negotiable Instruments Law
Prepared by: SANTOS, HANZEL
A. FACTS
1. I am Piolo Asskal, 27, a businessman. I own and operate
four grocery stores located at GMA Avenue Extension and at
Kapamilya Avenue, Caloocan City. Among these groceries I
own are ABS Whole Sale Mart and CBN Mini grocery.
2. I maintain a checking account with the Caloocan City
Branch of Philippines GKNB Bank.
3. In paying debts to my suppliers, I draw checks against my
checking account with Philippines GKNB Bank.
4. My customary practice of issuing checks in payment of my
suppliers was as follows: the checks were prepared and filled
up as to all material particulars by my trusted bookkeeper,
Kris Batino, an employee for more than eight (8) years. After
the bookkeeper prepared the checks, the completed checks
were submitted to me for my signature, together with the
corresponding invoice receipts which indicate the correct
obligations due and payable to my suppliers. I signed each
and every check without bothering to verify the accuracy of
the checks against the corresponding invoices because I
reposed full and implicit trust and confidence on my
bookkeeper. The issuance and delivery of the checks to the
payees named therein were left to my bookkeeper, Kris
Batino.
5. I did not make any verification as to whether or not the
checks were delivered to their respective payees. I admit that
I did not verify the correctness of the returned checks, much
less check if the payees actually received the checks in
payment for the supplies I received.
6. In the course of my business operations covering a period
of two years, I issued, following my practice stated above, a
total of eighty-two (82) checks in favor of several suppliers.
7. I found that instead of issuing the checks to the payees as
named in the checks, my bookkeeper Kris Batino delivered
them to the Chief Accountant of the Buendia branch of
Philippines GKNB Bank, James Pap.
8. I found that the signatures of the payees as first indorsers
were forged but I was not able to know the identity of the
party who made the forged signatures. The checks were then
indorsed for the second time with the names of Moi Amunda
and Rufo Guttierrez, and were deposited in the latter's
accounts as earlier noted. The second indorsements were all
genuine signatures of the alleged holders. The Bank’s rules
provide that second endorsements are not to be accepted
without the approval of its branch manager.
9. All the eighty-two (82) checks bearing the forged
indorsements of the payees and the genuine second
indorsements of Moi Amunda and Rufo Guttierrez were
accepted for deposit at the Buendia branch of Philippines
GKNB Bank to the credit of their respective savings accounts
in the Buendia, Ongpin and Elcaño branches of the same
bank.
10. The total amount of Php 4,000,000.00, represented by
eighty-two (82) checks, were credited and paid out by the
Bank to Moi Amunda and Rufo Guttierrez, and debited against
my checking account.
11. I already made a written demand on Philippines GNKB
Bank to credit my account with the money value of the eighty-
two (82) checks totalling P4M for having been wrongfully
charged against my account.
CLASS 3C, 2010-2011
FINALS REQUIREMENT
B. QUERIES
I need help on how I can recover the value of the
checks wrongfully charged to my account. The following are
my questions:
1. What services can you offer?
2. What are the terms of payment of your services?
3. I am planning to file a complaint against
Philippines GKNB. On what ground/s should I base my
complaint?
4. Can I use forgery as a defense?
5. Can the bank be held liable for quasi-delict in the
selection and supervision of its employees?
6. Can I base my complaint on breach of contract?
7. Can I recover the full amount of P4M?
SUGGESTED ANSWER AND EXPLANATION: This is an actual
case. Remember Gempesaw v. CA? (G.R. No. 92244 February
9, 1993)
In this case, the SC declared respondent drawee Bank liable to
share the loss with the petitioner on a fifty-fifty ratio in
accordance with Article 172 which provides: “Responsibility
arising from negligence in the performance of every kind of
obligation is also demandable, but such liability may be
regulated by the courts according to the circumstances”.
You may counsel using the following:
1. This is not a suit by the party whose signature was forged
on a check drawn against the drawee bank. The payees are
not parties to the case. Rather, it is the drawer, whose
signature is genuine, who instituted this action to recover
from the drawee bank the money value of eighty-two (82)
checks paid out by the drawee bank to holders of those
checks where the indorsements of the payees were forged.
2. The applicable law is the Negotiable Instruments
Law 4 (heretofore referred to as the NIL). Section 23 of the NIL
provides:
When a signature is forged or made without the authority of
the person whose signature it purports to be, it is wholly
inoperative, and no right to retain the instrument, or to give a
discharge therefor, or to enforce payment thereof against any
party thereto, can be acquired through or under such
signature, unless the party against whom it is sought to
enforce such right is precluded from setting up the forgery or
want of authority.
Under the aforecited provision, forgery is a real or absolute
defense by the party whose signature is forged. A party
whose signature to an instrument was forged was never a
party and never gave his consent to the contract which gave
rise to the instrument. Since his signature does not appear in
the instrument, he cannot be held liable thereon by anyone,
not even by a holder in due course.
3. As a rule, a drawee bank (Philippines GKNB) who has paid a
check on which an indorsement has been forged cannot
charge the drawer's account for the amount of said check. An
exception to this rule is where the drawer is guilty of such
negligence which causes the bank to honor such a check or
checks.
4. Client Piolo Asskal is guilty of gross negligence, hence he
cannot use forgery as a defense. Take note of the admission
of Piolo on fact no.5. Also, Petitioner's failure to make such
adequate inquiry in a span of 2 years constituted negligence
which resulted in the bank's honoring of the subsequent
checks with forged indorsements.
5. Explain to Piolo: The negligence of a depositor which will
prevent recovery of an unauthorized payment is based on
failure of the depositor to act as a prudent businessman would
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

under the circumstances. In the case at bar, the petitioner
relied implicitly upon the honesty and loyalty of her
bookkeeper, and did not even verify the accuracy of amounts
of the checks she signed against the invoices attached
thereto.
6. What then is the cause of action against the bank? Breach
of contract. Under the laws of quasi-delict, she cannot point to
the negligence of the respondent drawee Bank in the
selection and supervision of its employees as being the cause
of the loss because negligence is the proximate cause thereof
and under Article 2179 of the Civil Code, she may not be
awarded damages. However, under Article 1170 of the same
Code the respondent drawee Bank may be held liable for
damages. The article provides —
Those who in the performance of their obligations are guilty of
fraud, negligence or delay, and those who in any manner
contravene the tenor thereof, are liable for damages.
company of his application, therefore no insurance contract is
perfected thus the premium paid by the deceased must be
returned. What must the client do?
SUGGESTED ANSWER:
No perfection of the insurance contract therefore the
premium paid must be returned. Basis is Article 1262 of the
Civil Code providing that an acceptance made by letter shall
not bind the person making the offer except from the time it
came to his knowledge. Since, the letter was received after
the insured died, no acceptance was validly made. The Civil
Code rule, that an acceptance made by letter shall bind the
person making the offer only from the date it came to his
knowledge, may not be the best expression of modern
commercial usage. Still it must be admitted that its
enforcement avoids uncertainty and tends to security.

There is no question that there is a contractual relation

between petitioner as depositor (obligee) and the respondent
drawee bank as the obligor. In the performance of its
obligation, the drawee bank is bound by its internal banking
rules and regulations which form part of any contract it enters
into with any of its depositors. When it violated its internal
rules that second endorsements are not to be accepted
without the approval of its branch managers and it did accept
the same upon the mere approval of Boon, a chief
accountant, it contravened the tenor of its obligation at the
very least, if it were not actually guilty of fraud or negligence.
Prepared by: QUINTO, RAMIILA L.

Furthermore, the fact that the respondent drawee Bank did

not discover the irregularity with respect to the acceptance of
checks with second indorsement for deposit even without the
approval of the branch manager despite periodic inspection
conducted by a team of auditors from the main office
constitutes negligence on the part of the bank in carrying out
its obligations to its depositors. Article 1173 provides —
The fault or negligence of the obligor consists in the omission
of that diligence which is required by the nature of the
obligation and corresponds with the circumstance of the
persons, of the time and of the place. . .
The banking business is so impressed with public interest
where the trust and confidence of the public in general is of
paramount importance such that the appropriate standard of
diligence must be a high degree of diligence, if not the utmost
diligence. Surely, respondent drawee Bank cannot claim it
exercised such a degree of diligence that is required of it.
There is no way We can allow it now to escape liability for
such negligence. Its liability as obligor is not merely vicarious
but primary wherein the defense of exercise of due diligence
in the selection and supervision of its employees is of no
moment.
7. The amount recoverable would only be the excess amount
over and above the total of the actual obligations to suppliers
considering that Piolo Askal partly benefited from the issuance
of the questioned checks since the obligation for which she
issued them were apparently extinguished, such that only the
excess amount over and above the total of these actual
obligations must be considered as loss. You may give
example. Actual Obligation: P200,000 to supplier X for
merchandise bought. However the amount stated in the check
was P250,000. Hence, the P50,000 shall be the only amount
recoverable.
Client: Mr. Henry Lopez
Vice President for Programs
ABS CBN, Ch 2
Facts:
• On July 15, 2000 ABSCBN was granted a
certificate of Copyright of TWIN HEARTS, a
dating game show.
• On July 15, 2003, GMA 7 launched a similar show
entitled COUPLES.
• On July 16, 2003, Mr. Lopez wrote a letter to
GMA 7 informing them to stop airing COUPLES.
In the letter, there is a demand for damages
worth 1million.
• GMA 7 disregard the letter and continue with
show up to Aug 30, 2007
• On Sep 30, 2008, GMA again launched a “dating
game show” entitled MUNITO MUNITA
• On the basis of this, ABS CBN, thru Mr. Lopez
reiterated its claim for damages and its demand
to GMA 7 to stop airing the show.
• The SWS reported that the 70% record of
number of viewers of TWIN HEARTS was reduced
to 20% when MUNITO MUNITA started.
Mr. Lopez seeks your advice if he can file an
action for copyright infringement against GMA 7.
If yes, discuss the case and the fees you are
to charge
If no, explain why, and could there be any
other cause of action

SUGGESTED ANDWER:
Prepared by: SALABSAB, JEAN
You cannot file a case. Format of a show is not
copyrightable. The format or mechanics of a television show is
PROBLEM:
not included in the list of protected works. For this reason, the
protection afforded by the law cannot be extended.
Mr. Lim is the administrator of the estate of the late
See Sec 175, LIP, See GR NO 108946, Jan 28, 1999,
Mr. Pedro. He came to you asking for a legal advice on the
Joaquin v Drilon
recovery from Forever Assurance Company the life annuity of
the deceased in the amount of Php 250,000. Mr. Pedro died
Prepared by: Mark Paolo Melote
10 July 2010, the notice was received by Mr. Lim 11 July 2010.
Corporate Law
He alleged that since no notification has been given to the
deceased with respect to the acceptance of such insurance
Problem:
 San Beda College of Law | LEGAL COUNSELING
A group of businessmen represented by your client wants to
move from being a partnership of partners into the corporate
set-up of business organization. He/She asks help in
incorporating. Provide your insight as well as the steps to
incorporation.
Suggested Answer:
First, ask her if she has enough capital and if they are really
sure in incorporating. Tell that a corporate set-up is usually
characterized by the advantage that it has a separate juridical
capacity like a partnership, but will not be easily dissolved
since it is an artificial being created by law and will survive
the incorporating persons even if they all (die/leave the
business/change partners/sell or even assign their rights). Tell
the client that as a corporate being, it is more strictly
monitored by law and there are more legal aspects to delve
into. Like in incorporation:
Sec. 10. Number and qualifications of incorporators. -
Any number of natural persons not less than five (5) but not
more than fifteen (15), all of legal age and a majority of whom
are residents of the Philippines, may form a private
corporation for any lawful purpose or purposes. Each of the
incorporators of s stock corporation must own or be a
subscriber to at least one (1) share of the capital stock of the
corporation.
Sec. 11. Corporate term. - A corporation shall exist for a
period not exceeding fifty (50) years from the date of
incorporation unless sooner dissolved or unless said period is
extended. The corporate term as originally stated in the
articles of incorporation may be extended for periods not
exceeding fifty (50) years in any single instance by an
amendment of the articles of incorporation, in accordance
with this Code; Provided, That no extension can be made
earlier than five (5) years prior to the original or subsequent
expiry date(s) unless there are justifiable reasons for an
earlier extension as may be determined by the Securities and
Exchange Commission.
Sec. 12. Minimum capital stock required of stock
corporations. - Stock corporations incorporated under this
Code shall not be required to have any minimum authorized
capital stock except as otherwise specifically provided for by
special law, and subject to the provisions of the following
section.
Sec. 13. Amount of capital stock to be subscribed and
paid for the purposes of incorporation. - At least twenty-
five percent (25%) of the authorized capital stock as stated in
the articles of incorporation must be subscribed at the time of
incorporation, and at least twenty-five (25%) per cent of the
total subscription must be paid upon subscription, the balance
to be payable on a date or dates fixed in the contract of
subscription without need of call, or in the absence of a fixed
date or dates, upon call for payment by the board of directors:
Provided, however, That in no case shall the paid-up capital
be less than five Thousand (P5,000.00) pesos.
Sec. 14. Contents of the articles of incorporation. - All
corporations organized under this code shall file with the
Securities and Exchange Commission articles of incorporation
in any of the official languages duly signed and acknowledged
by all of the incorporators, containing substantially the
following matters, except as otherwise prescribed by this
Code or by special law:
1. The name of the corporation;
2. The specific purpose or purposes for which the corporation
is being incorporated. Where a corporation has more than one
stated purpose, the articles of incorporation shall state which
is the primary purpose and which is/are he secondary purpose
or purposes: Provided, That a non-stock corporation may not
include a purpose which would change or contradict its nature
as such;
3. The place where the principal office of the corporation is to
be located, which must be within the Philippines;
CLASS 3C, 2010-2011
FINALS REQUIREMENT
4. The term for which the corporation is to exist;
5. The names, nationalities and residences of the
incorporators;
6. The number of directors or trustees, which shall not be less
than five (5) nor more than fifteen (15);
7. The names, nationalities and residences of persons who
shall act as directors or trustees until the first regular
directors or trustees are duly elected and qualified in
accordance with this Code;
8. If it be a stock corporation, the amount of its authorized
capital stock in lawful money of the Philippines, the number of
shares into which it is divided, and in case the share are par
value shares, the par value of each, the names, nationalities
and residences of the original subscribers, and the amount
subscribed and paid by each on his subscription, and if some
or all of the shares are without par value, such fact must be
stated;
9. If it be a non-stock corporation, the amount of its capital,
the names, nationalities and residences of the contributors
and the amount contributed by each; and
10. Such other matters as are not inconsistent with law and
which the incorporators may deem necessary and convenient.
The Securities and Exchange Commission shall not accept the
articles of incorporation of any stock corporation unless
accompanied by a sworn statement of the Treasurer elected
by the subscribers showing that at least twenty-five (25%)
percent of the authorized capital stock of the corporation has
been subscribed, and at least twenty-five (25%) of the total
subscription has been fully paid to him in actual cash and/or in
property the fair valuation of which is equal to at least twenty-
five (25%) percent of the said subscription, such paid-up
capital being not less than five thousand (P5,000.00) pesos.
Sec. 15. Forms of Articles of Incorporation. - Unless
otherwise prescribed by special law, articles of incorporation
of all domestic corporations shall comply substantially with
the following form:
Alternate Problem (baka masyado mahirap)
A client, shareholder of a corporation, wants to know when
can a particular member of the Board of Directors/Trustees
can be held liable for an alleged illegal act despite the fact
that the corporation exists with a separate juridical identity
from the people who run and compose it. For example, a
director or officer who issues checks in the name of the
corporation despite the act is not listed among corporate
powers or in the by-laws of the corporation.
Suggested Answer:
First determine if the act is ultra vires. (Meaning it is not
within corporate powers to do so, nor is it incidental nor
inherent for the corporation to issue the check in the
corporate name.) If it is, more likely that the said officer or
director would be liable for the ultra vires act. Since the
corporation is without power to do so, then we can ignore the
corporation and hold the man behind it liable.
Beforehand, tell the client to relay to you the facts without
blemish on why the client wants to hold said person liable.
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

Subject: CRIMINAL LAW

Prepared by: TAJON, MARLOWE DOMS R.

The Client: The client, Dominador, seeks the lawyer’s advice

on what action he can do on account of his younger brother
being beaten up by their neighbour Andres yesterday.
Dominador and his family resides in Tandang Sora and
comes from a middle class family.

Facts and circumstances are as follows: The day before the

assault happened, Dominador’s 22 year-old brother
Domingo, engaged in a profanity-laden shouting match with
Andres in a computer shop where the two, along with 6
other people, were playing computer games with one
another. Before a fistfight would ensue, the two were
restrained and Domingo eventually left the shop. The
following afternoon, while walking home from school,
Domingo and Andres crossed paths. Upon seeing Domingo,
Andres punched Domingo in the face and as Domingo fell,
Andres gave Domingo a couple more fist blows in the body
and the face before several bystanders eventually
restrained Andres. On account of the fist blows thrown by
Andres, Domingo lost his front tooth and sustained several
bruises in the face and body.

Issue: The offended party’s brother, Dominador, asks the

lawyer what case he can file against the supposed offender
Andres. Dominador makes further inquiries on what
immediate action he shall carry out pending the filing of the
case, and how much will it cost him if he engages the
services of the lawyer in prosecuting his case.

Suggested Answer: The offended party shall file an

information with the MTC for serious physical injuries,
punishable under Article 263 of the Revised Penal Code. The
acts of the offender constitutes serious physical injuries
under paragraph 3 of said article for there was a beating
that occurred and by virtue of which the offended party lost
a tooth, which such fact constitutes “shall have lost any
other part of his body” under said paragraph. The
information shall be accompanied by supporting affidavits
and other evidence. In the meantime, Domingo should be
checked-up by a medico-legal in order to secure a
documentation of the injuries sustained by the offended
party.

Art. 263. Serious physical injuries. — Any person who shall

wound, beat, or assault another, shall be guilty of the crime
of serious physical injuries and shall suffer:

1. The penalty of prision mayor, if in consequence of the

physical injuries inflicted, the injured person shall become
insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and

maximum periods, if in consequence of the physical injuries
inflicted, the person injured shall have lost the use of speech
or the power to hear or to smell, or shall have lost an eye, a
hand, a foot, an arm, or a leg or shall have lost the use of
any such member, or shall have become incapacitated for
the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and

medium periods, if in consequence of the physical injuries
inflicted, the person injured shall have become deformed, or
shall have lost any other part of his body, or shall have lost
the use thereof, or shall have been ill or incapacitated for
the performance of the work in which he as habitually
engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to

prision correccional in its minimum period, if the physical
injuries inflicted shall have caused the illness or incapacity
for labor of the injured person for more than thirty days.
 San Beda College of Law | LEGAL COUNSELING
Prepared by: FEDERIO, MA. DESIREE
Client: Maricris Ledesma
Background: She is 25 years of age. She is a Mass
Communication graduate from the Jose Rizal University.
However, she was jobless when the crime or incident
happened because she was laid off from a publishing
company where she has worked for at least 2 years.
Facts: During the celebration of her birthday last June 12,
2010 in her residence at 546 Kalaw St., Barangay 101,
Mandaluyong City, Maricris Ledesma for no apparent reason
suddenly fired a gun in the air. She then went to a nearby
alley and, minutes later, proceeded to the closed building
near the basketball court. There she initiated an argument
with the group of barangay tanods who intercepted her from
passing. One of the tanods, George Reyes, tried to pacify
Ledesma. But quickly thereafter, Ledesma placed her left arm
around Reyes’ neck and shot him pointblack on the abdomen.
Reyes ran toward the alley and Ledesma ran after him.
Another shot rang out, so one of the bystanders, Michael
Santos, went to the alley and there, he saw Ledesma and
Reyes grappling for possession of the gun. The Chief
Barangay Tanod arrived and was able to wrest the gun away
from Ledesma, who immediately fled from the scene of the
incident. Reyes was rushed to the Philippine General Hospital,
where he eventually expired.
An information was filed against Ledesma for the
offense of qualified illegal possession of firearms. The
firearm used was recovered at the crime scene. Further, it
was stated in the information that Ledesma was not a
licensed or registered firearm holder of any kind and caliber.
Finally, there was an eyewitness account positively asserting
that Ledesma had the subject firearm in her possession and
used it in shooting Reyes. The medical examination on the
victim (Reyes) disclosed that the gunshot wounds he
sustained were caused by the same unlicensed firearm in
Ledesma’s possession, and that the same were the direct
cause of the death of the victim.
During the arraignment for the offense of qualified
illegal possession of firearms , the accused Ledesma
pleaded “not guilty”.
Ledesma is now seeking for a legal service to avoid
her charge of qualified illegal possession of firearms. She is
looking for a lawyer who will defend her. Her family is willing
to pay for the attorney’s fees.
ISSUE: Whether or not Ledesma. should be prosecuted for
qualified illegal possession of firearms. IS THERE ANY
DEFENSE AVAILABLE TO HER?
If the offense shall have been committed against any of the
persons enumerated in Article 246, or with attendance of
any of the circumstances mentioned in Article 248, the case
covered by subdivision number 1 of this Article shall be
punished by reclusion temporal in its medium and maximum
periods; the case covered by subdivision number 2 by
prision correccional in its maximum period to prision mayor
in its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and
maximum periods; and the case covered by subdivision
number 4 by prision correccional in its minimum and
medium periods.
The provisions of the preceding paragraph shall not be
applicable to a parent who shall inflict physical injuries upon
his child by excessive chastisement.
CLASS 3C, 2010-2011
FINALS REQUIREMENT
Prepared by: GONZALES, ROZZALIE
Theft
Facts:
Lucresia Bulaclac, the manager of my business, took
with her the sum of P250,000.00 in cash. Before I went on a
business trip, I left her in charge of my business. When I
returned from my business trip, she already left and it was
then that I discovered that she has been taking money from
my business. I never expected her to do this to me since I
have known her for 10 years. I trusted her because she has
been with me since I started my business and she was
recommended to me by her aunt who is a long time house
help in our family. She is hard-working and proved to be
trustworthy at that time that’s why I entrusted to her my
business. She is said to be staying at her hometown in Cebu
right now.
Issue:
What should I do to recover what I have lost? How
will I recover what I have lost? What are the remedies
available to me in this case?
SUGGESTED ANSWER:
YES there are defenses available.
The elements of the offense of qualified illegal
possession of firearms, defined in the second paragraph of
Section 1, Presidential Decree No. 1866, are present in this
case. Specifically, there are:
1. there must be a firearm;
2. the gun was possessed by the accused;
3. the accused had no license from the government;
and
4. homicide or murder was committed by the
accused with the use of said firearm.3
The prosecution sufficiently established this by evidence- the
gun and the slug.
However, the law on illegal possession of firearms has been
amended by Republic Act No. 8294, which took effect on July
6, 1994. The pertinent provision of the said law provides:
SECTION 1. Unlawful Manufacture, Sale, Acquisition,
Disposition or Possession of Firearms or Ammunition
or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition. – The
penalty of prision correccional in its maximum period
and a fine of not less than Fifteen thousand pesos
(P15,000.00) shall be imposed upon any person who
shall unlawfully manufacture, deal in, acquire,
dispose, or possess any low powered firearm, such as
rimfire handgun, .380 or .32 and other firearm of
similar firepower, part of firearm, ammunition, or
machinery, tool or instrument used or intended to be
used in the manufacture of any firearm or
ammunition: Provided, that no other crime was
committed.
If homicide or murder is committed with the use of
an unlicensed firearm, such use of an unlicensed
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

firearm shall be considered as an aggravating 3. Bogart may raise that he should not be held liable
circumstance.
by raising the defense of absence of deceit on his
part and that the carnal act was consensual on both
If the violation of this Section is in furtherance of or of them.
incident to, or in connection with the crime
of rebellion or insurrection, sedition, or
4. Deceit consisting in unfulfilled promise in material
attempted coup d'etat,such violation shall
be absorbed as an element of the crime of rebellion, things (jewelry, etc.) does NOT amount to seduction
or insurrection, sedition, or attempted coup d'etat. (she is a high-class prostitute).
(Underscoring provided)

It is clear from the foregoing that where murder or homicide

results from the use of an unlicensed firearm, the crime is no
longer qualified illegal possession, but murder or homicide, as
the case may be. In such a case, the use of the unlicensed
firearm is not considered as a separate crime but shall be
appreciated as a mere aggravating circumstance.

The crime of illegal possession of firearm, in its simple form, is

committed only where the unlicensed firearm is not used to
commit any of the crimes of murder, homicide, rebellion,
insurrection, sedition or attempted coup d'etat. Otherwise, the
use of unlicensed firearm would be treated either: (1) as an
essential ingredient in the crimes of rebellion, insurrection,
sedition or attempted coup d'etat; or (2) as an aggravating
circumstance in murder or homicide.

In other words, where murder or homicide was

committed, the penalty for illegal possession of firearms is no
longer imposable since it becomes merely a special
aggravating circumstance

Neither can Ledesma be charged with simple illegal

possession. As stated above, the same may only done where
no other crime is committed.

With more reason, Ledesma cannot be convicted of

homicide or murder with "the use of the unlicensed firearm as
aggravating," inasmuch as said felonies are not charged in
the information but merely mentioned as the result of the use
of the unlicensed firearm. Ledesma was not arraigned for
homicide or murder. Hence, she cannot be convicted of any of
these crimes without violating her right to be informed of the
nature and cause of the accusation against her, not to
mention her right to due process.

Prepared by: GUINTO, VANESSA LOU A.

Bogart (your client), a 25-year old law student promised Lily, a

17-year old college student that he would marry her once she
reached 18 years old. Bogart asked Lily to have sexual
intercourse with him and renewed his promise to marry Lily.
Even Lily did not want to agree at first, but because of the
promise, she reminded Bogart about his promise and asked
him when he would want to celebrate their marriage. Bogart
got mad and broke up with her.

Bogart now goes to you because Lily is suing him for the
crime of simple seduction. What advice would you give to
Bogart?

Suggested Answers:

1. Examine the possible grounds where the following

elements (of Simple Seduction) may be absent: (1)
Lily was over 12 years old but 18 years old when
committed by Bogart; (2)Lily is of good reputation,
(single or widow); (3) Bogart had carnal knowledge of
her (4)he deceived Lily, making her believe that he
would marry her so as for her surrender herself to
Bogart.

2. Bogart may raise that he was deceived by Lily by

making false representations that she is already 18
years old when the event happened. No intent on his
part.
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

Subject: LEGAL ETHICS a manner that would promote public confidence in the
integrity of the legal profession. Members of the Bar are
Prepared by: LIM, JANE KATHYRINE expected to always live up to the standards embodied in the
Code of Professional Responsibility as the relationship
PROBLEM: Conflict of Interest between an attorney and his client is highly fiduciary in nature
and demands utmost fidelity and good faith. In the case at
bar, respondent exhibited less than full fidelity to his duty to
Mr. A went to your office to seek legal advice as to
observe candor, fairness and loyalty in his dealings and
whether he can file a disbarment case against Atty. X,cpa. transactions with his clients
As narrated by Mr. A, Atty. X is both an accountant
and a lawyer. He practices both professions. Mr. A is his client
as an accountant. He is also the lawyer of the estate of Mr.
A’s deceased debtor, Mr. Z. His accounting firm was the one
who prepared the list of assets and liabilities of the estate and
also computed Mr. A’s claims as the creditor of the said
estate. Mr. A complained that such would prejudice him since
Atty. X represents his interest and the estate of his deceased
debtor.

SUGGESTED ADVICE: Mr. A may file a disbarment case

against Atty. X,cpa.

Atty X,cpa is guilty of representing conflicting

interests. It is generally the rule, based on sound public policy,
that an attorney cannot represent adverse interests. It is
highly improper to represent both sides of an issue. The
proscription against representation of conflicting interests
finds application where the conflicting interests arise with
respect to the same general matter and is applicable
however slight such adverse interest may be. It applies
although the attorney's intentions and motives were honest
and he acted in good faith. However, representation of
conflicting interests may be allowed where the parties
consent to the representation, after full disclosure of facts.
Disclosure alone is not enough for the clients must give their
informed consent to such representation. The lawyer must
explain to his clients the nature and extent of the conflict and
the possible adverse effect must be thoroughly understood by
his clients.
In the case at bar, there is no question that the
interests of the estate and that of its creditor are adverse to
each other. Atty. X’ accounting firm prepared the list of assets
and liabilities of the estate and, at the same time, computed
the claims of Mr. A as the creditor of the estate. There is
clearly a conflict between the interest of the estate which
stands as the debtor, and that of Mr. A, who is the creditor of
the estate. In fact, at one instance, Atty. X’ law firm
questioned the claims of Mr. A against the estate.
Prescinding from these premises, respondent
undoubtedly placed his law firm in a position where his loyalty
to his client could be doubted. In the estate proceedings, the
duty of respondent's law firm was to contest the claims of
these two creditors but which claims were prepared by
respondent's accounting firm. Even if the claims were valid
and did not prejudice the estate, the set-up is still
undesirable. The test to determine whether there is a conflict
of interest in the representation is probability, not certainty of
conflict. It was respondent's duty to inhibit either of his firms
from said proceedings to avoid the probability of conflict of
interest.
Atty. X is a CPA-lawyer who is actively practicing
both professions. He is the senior partner of his law and
accounting firms which carry his name. In the case at bar,
complainant is not charging respondent with breach of ethics
for being the common accountant of the estate and the two
creditors. He is charged for allowing his accounting firm to
represent two creditors of the estate and, at the same time,
allowing his law firm to represent the estate in the
proceedings where these claims were presented. The act is a
breach of professional ethics and undesirable as it placed
respondent's and his law firm's loyalty under a cloud of doubt.
Even granting that respondent's misconduct refers to his
accountancy practice, it would not prevent this Court from
disciplining him as a member of the Bar. The rule is settled
that a lawyer may be suspended or disbarred for ANY
misconduct, even if it pertains to his private activities, as long
as it shows him to be wanting in moral character, honesty,
probity or good demeanor. Possession of good moral
character is not only a prerequisite to admission to the bar
but also a continuing requirement to the practice of law.

Public confidence in law and lawyers may be eroded

by the irresponsible and improper conduct of a member of the
bar. Thus, a lawyer should determine his conduct by acting in
 San Beda College of Law | LEGAL COUNSELING
Prepared by: DEMESA,
PROBLEM:
Bryan, is a poor farmer from a small province in Quezon
Province. His daughter, while attending the town fiesta’s
dance party, was kidnapped and was subsequently raped by
the Mayor’s son. Wanting to put the culprit behind bars,
Bryan sought the assistance of Atty. Balco, a legal luminary in
taxation law in their town. Atty. Balco explained to Bryan: 1)
the process of filing a criminal action in court until it is
decided by the court; 2) the consequences of filing such
complaint; and 3) the pressure that it might caused him and
his family because the defendant’s party is influential in their
town (that it is believed that any complaint filed in court
against the Mayor’s family is decided in their favor).
Because of his eagerness to find justice for her daughter,
Bryan employed Atty. Balco as legal counsel to the case he is
going to file against the Mayor’s son. Atty. Balco then
clarified to Bryan the extent of legal services that he is going
to render and its corresponding fees.
However, due to Atty. Balco’s negligence and disregard of
various Court’s orders, the case was dismissed. Despite the
dismissal of the case, Atty. Balco kept on asking for large
sums of money from Bryan as fees for the alleged
professional services rendered. The asking of professional fee
continued until Bryan learned about the dismissal of the case.
Upon learning of the dismissal of the case because of his
counsel’s negligence and disregard of Court’s orders, Bryan
sought YOU to help him on what possible cases can he file
against Atty. Balco.
SUGGESTED ANSWER:
File a case against Atty. Balco for violation of Canon 18 and
20 of the Code of Professional Responsibility.
CLASS 3C, 2010-2011
FINALS REQUIREMENT
Prepared by: CALVAN, MYRTLE
Complainant: 48-year old wife of a lawyer
PROBLEM:
I have been married to my husband for 20 years and we have
two children. Ever since we got married, he has not stopped
his drinking sprees with his friends and his affairs with other
women.
My husband passed the bar in 1979. We got married in June of
1985.
In December 1989, I got pregnant with our first child. In the
early part of 1991, someone sent me a letter. It turned out
that the letter was from someone named “Salie.” Salie told
me that she has a child with my husband who was already 4
years old at that time. I did not believe her. A week after that,
Salie sent me pictures with my husband and their “child.” I
confronted my husband about it but he denied everything. I
believed him and tried everything to save our family. In 1997,
I got pregnant with our second child.
In March of 2005, the parents of a 19-year old girl from a local
college came to our house. The parents accused my husband
of impregnating their daughter. This caused a lot of scandal in
our hometown that I had to take my children to Manila to save
them from humiliation.
For about a year, we stayed in Manila. I had constant
communication with my husband who gave us our monthly
allowance throughout our stay in Manila.
When I went back to the province, I found out that he was
already living with the 19-year old girl, IN OUR OWN HOUSE. I
was so furious at that time that I threw everything I can get
hold of at him.
Up to now, they are still living together with two children. I
also heard that my husband has another mistress who is
working at a night club.
Meanwhile, there are still no annulment proceedings of my
marriage with my husband. He also stopped giving support to
our children.
SUGGESTED ANSWER: YES.
Disbarment based on the following grounds:
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
GROUND: Grossly immoral conduct
JURISPRUDENCE:
Emma Dantes vs. Atty. Crispin Dantes A.C. No. 6488,
September 22, 2004
The wife complained that her husband was a philanderer,
having illicit relationship with two women. He was disbarred. A
lawyer must demonstrate that he or she has good moral
character and should behave in accordance with the
standards.
Conjuangco vs. Palma, 438 SCRA 306; 462 SCRA 310 [2005]
A lawyer got married again after his failed marriage. He never
absconded his obligations to his first wife and child. After the
annulment of his second marriage, he remained celibate. He
was humble enough to offer no defense save for his lone and
declaration of his commitment to his wife and child.
 San Beda College of Law | LEGAL COUNSELING
Prepared by: ALBA, JHONYMARTIN J.
PROBLEM: Disrespect for the Constitution and
Ignorance of the Law
Mr. Bosh, a citizen and resident of Australia, visit the
Philippines for a vacation for a short period of time. Amazed at
the beauty of the country, Mr. Bosh, expressed his desire to
acquire real property in the Philippines. He consulted Atty.
Mangmang who advised him that he could legally acquire and
own real property in the Philippines and even suggested a
certain property in Cebu City with the assurance that the
property was alienable, but in fact the property is inalienable.
Atty. Mangmang, demanded and collected from Mr. Bosh the
amount of P450,000.00 for the preparation of necessary
documents and the amount of P 3million for the purchased
price of the property. However, after a few months, Mr. Bosh
can no longer contact or locate Atty. Mangmang. He tried to
get in touch with Atty. Mangmang to inquire when the
property could be registered in his name, but such atty.,
became scarce and refused to answer his calls and e-mail
messages.
Hence, Mr. Bosh, wanted to engage your service and
seeks for your legal advice on whether he could file a
disbarment case against Atty. Mangmang.
SUGGESTED ADVICE: Mr. Bosh may file a disbarment case
against Atty. Mangmang.
(1) Atty. Mangmang committed a serious breach of his
oath as a lawyer. All lawyers take an oath to support the
Constitution, to obey the laws and to do no falsehood. It is a
sacred trust that should be upheld and kept inviolable at all
times. They must ensure that the law functions to protect
liberty and not as an instrument of oppression or deception.
Even the Code of Professional Responsibility requires lawyers
to uphold the constitution, obey the laws of the land and
promote respect for law and legal process (Canon 1).
Atty. Mangmang, in giving advice that Mr. Bosh, a
foreigner could legally and validly acquire real estate in the
Philippines and by assuring complainant that the property was
alienable, directly contradicted a fundamental constitutional
policy, showed disrespect for the Constitution and gross
ignorance of basic law. As provided in Section 7, Article XII
of the Constitution:“Save in cases of hereditary succession,
no private lands shall be transferred or conveyed except to
individuals, corporations, or associations qualified to acquire
or hold lands of the public domain.”The Court has interpreted
this provision to mean that "under the Constitution, aliens
may not acquire private or agricultural lands, including
residential lands." The provision is a declaration of imperative
constitutional policy
(2) Atty. Mangmang is also guilty of culpable violation of
the Code of Professional Responsibility. He did not only violate
the lawyer’s oath but also transgressed the following
provisions of the Code of Professional Responsibility: Rule
1.01: A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct. Canon 17: A lawyer owes
fidelity to the cause of his client and he shall be mindful of the
trust and confidence reposed on him.
Atty. Mangmang did not give due regard to the trust
and confidence reposed in him by Mr. Bosh. Instead, he
deceived Mr. Bosh and misled him into parting with P450,
000.00 for services that were both illegal and unprofessional.
Moreover, by pocketing and misappropriating the P 3million
given by complainant for the purchase of the property,
respondent committed a fraudulent act that was criminal in
nature.
CLASS 3C, 2010-2011
FINALS REQUIREMENT
Subject: LABOR LAW
Prepared by: BRIONES, KEITH FRANCIS
PROBLEM: MINOR(12yrs old) WORKS AS A MAID OF A
SCHOOL TEACHER
I’m a school principal at Matass na Paaralan ni Gregorio del
Pilar. I found out that one of my teachers took pity on one of
her pupils 12-year old boy whose poor family could barely
afford the cost of his schooling. The teacher lives alone at her
house near the school after her housemaid left. I found out
that in the afternoon around 3pm, she lets the boy do various
chores as cleaning, fetching water and all kinds of errands
after school hours. As a payment, the teacher gives rice and
50php before the boy goes home at 730pm every night. Upon
learning of such agreement I am reminded that isn’t that
minors are not allowed to work, in this case, as a servant to
the teacher. Confronted the teacher and the teacher’s
defense is that the work is not hazardous and the child is well
compensated. In fact she is doing the child and the family’s
boy a favor. How can you help me?
SUGGESTED ANSWER
LAWYER: Teacher liable for civil damages
- despite the work being not hazardous, still the law
provides that no child below 15 years of age shall be
employed except when he works directly under the sole
responsibility of his parents and guardian as expressly
provided by the Labor Code (Art 19)
- further more, RA 9231 Sec 3 allows child below 15 yrs
of age to work for not more than 20 hours per week, provided
that work shall not be more than 4 hours at any given day,
provided further that he does not work between 8pm and 6am
of the following day and provided finally that the work is not
hazardous or deleterious to his health
- since work is from 3pm to 730pm or 4 ½ hours per
day, still violated RA 9231
Prepared by: CABANILLA, JONNA
Client: JC Corporation
It is a corporation that manufactures food, beverage and
personal care products.
Problem:
JC Corporation has three divisions, namely: the Food Division,
Beverage Division and the Personal Care Division. The United
Beverage Workers Union is the registered labor organization
acting as the collective bargaining agent of all the daily paid
employees of the Beverage Division. In December 2009, the
management and the union started negotiation for a new
Collective Bargaining Agreement as their old CBA was about
to expire. They were able to agree on other provisions of the
new CBA, but no agreement was reached on the issue of wage
increase. The management proposed a wage increase of
P120 per day while the union proposed a P250 per day
increase.
In the course of the negotiations, on March 2010, the union
reduced the originally proposed wage increase to P220 per
day and the management made an improved offer of P130
per day. However, despite several conferences and efforts of
the designated conciliator-mediator, the management and the
union failed to reach an amicable settlement.
 San Beda College of Law | LEGAL COUNSELING
On the same month (March 2010), the Company had granted
its supervisory employees an increase of P170 per day.
On May 2010, the management made a statement that it
could no longer afford to grant its previous offer of P130 per
day because of the serious financial losses suffered by the
Beverage Division during the end part of 2009 until the first
quarter of this year as shown on its financial statements. It
then made an offer of P60 per day which was again
vehemently rejected by the union. The labor dispute was
elevated to the NLRC.
Now, the management of JC Corporation is engaging your
services as a lawyer.
CLASS 3C, 2010-2011
FINALS REQUIREMENT
Prepared by: ESPINOZA, NORMAN
Problem:
I was hired as a radio & communication operator and
maintenance in a passenger ship. My duty includes the
transmission, receipt and processing of communications thru
the radio. Our ship captain is a Greek national named Al
Kristichz. He has low regards for Filipinos and would jokingly
refer to us as Brown Monkeys. One day, the captain asked me
to prepare his meal and bring him coffee. I respectfully told
him that it is not part of my job and I would just refer his
request to the kitchen persons. He got mad and insisted that I
do as he says. Out of fear for my job, I hesitantly complied. In
another instance, I and Filipino co-employees got drunk and
we were singing and dancing during our vacant time. The
captain told us to stop the celebration and remarked that
Brown Monkeys do not deserve to sing, dance and drink.
Obviously, each one of us got offended especially Lito, a co-
employee; he had a verbal altercation with the captain which
ended in a fist fight. Three days later, all Filipinos employed
under him were dismissed as letters to that effect were
individually sent to us. When we reached Japan as temporary
destination, we were given our tickets for transportation
home.
Counsel, what advice would you give me regarding my legal
remedies/actions against the said captain? (Illegal Dismissal)
Prepared by: LACAP, KAREN
I am an employer. I do not want to implement a new
wage order because of the current financial condition of the
company. It cannot sustain such a high wage. The application
of new wage order also raised the age of employees a higher
rank. There is no CBA provision as to the application. Is it
possible for me NOT to follow the wage order? If I need to
follow, can I terminate some employees?
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

Subject: POLITICAL LAW

Prepared by: MACARAEG, TYRUS JOSHUA

Client was elected Mayor of Quezon City in 2001, re-elected

in 2004, but lost to Mr. A in 2007 elections. Mr. A was
recalled and in the May 12, 2009 recall elections, Client won
and served the unexpired term of Mr. A until June 30, 2010.
Client was candidate for Mayor in the May 14, 2010 elections.
However, a petition for cancellation of his certificate of
candidacy was filed by his sole opponent, on the ground that
he has served as Mayor for three consecutive terms.

Client seeks advice if the petition against him is with merit,

which is if he had served as Mayor of Quezon City for three
consecutive terms.

SUGGESTED ANSWER: The term limit for elective local

officials must be taken to refer to the right to be elected as
well as the right to serve in the same elective position. It is
not enough that an individual has served three consecutive
terms in an elective local office. He must also have been
elected to the same position for the same number of times
before the disqualification can apply.

Client did not serve for 3 consecutive terms. For nearly 2

years, he was a private citizen. The continuity of his
mayorship was disrupted by his defeat in the 2007 elections.

Prepared by: ARANA, ROEL

PROBLEM:

I (client) was driving along Mendiola when I was intercepted

by 6 police officers and was asked to show the contents of the
boxes inside my car’s trunk. At first, I refused. When the
boxes were opened, a pack of marijuana was found in one of
the red boxes. When I asked for the search warrant, the police
officers failed to present anything and merely told me that
they received an information from a reliable source that my
car was loaded with a red box containing a pack of marijuana,
and that i would probably pass through Mendiola. They also
told me that they were informed of my activity of selling
marijuana.

Despite that information, I believe that my right against

unreasonable searches and seizures was violated considering
that there was no search warrant. Can I invoke my right
against unreasonable searches and seizures against the police
officers?

ANSWER:

No. There was no violation. The foregoing circumstances are

sufficient to prove the existence of probable cause which
justified the search of the car even without a warrant. The
pack of marijuana was lawfully seized and may be properly
admitted as evidence to prove the client’s guilt.
 San Beda College of Law | LEGAL COUNSELING
Prepared by: ABEJO, KLEIN CHARISSE B.
FACTS:
I am a doctor at the Caloocan General Hospital. I have been
with the hospital for 10 years now and just last year, I was
appointed as the hospital’s Chief of Clinics. When the position
of Assistant Hospital Administrator was vacated by the
incumbent in June 10, 2010, a Dr. Sheryl Mamauag, who has
been working for the hospital for only 7 years, was appointed
to the position instead of me. On July 10, I questioned her
appointment to Mayor Recom Echiverri basically on the
ground that I was by-passed. I further contended that being
next-in-rank, I should be appointed. My complaint was not
decided upon until September 14 when Mayor Echiverri
sustained Dr. Mamauag’s appointment.
ISSUES:
1. Do I have a cause of action?
2. What is a possible course of action for me to take?
What step should I take next?
Prepared by: ARRIOLA, ETHEL
PROBLEM: ELECTION
FACTS:
MR. NELSON ONG is a resident of Barangay San
Francisco, Mabalacat, Pampanga. He will run as Barangay
Captain on this coming Barangay Election on October 25,
2010. He consulted you as a lawyer if he will be qualified to
run as a Barangay Captain. According to him, he has a dual-
citizenship. He obtained his American citizenship when he
worked in US for 10 years. He is asking you, if this would
affect his candidacy.
POSSIBLE ANSWER :
LOCAL GOVERNMENT CODE – Qualifications of a
Barangay Captain
ELECTION LAW – Rule on Citizenship
CLASS 3C, 2010-2011
FINALS REQUIREMENT
Subject: REMEDIAL LAW
Prepared by: TECSON, JANNA MAE
Grace Reyes borrowed One Million Pesos (P
1,000,000.00) from Solenn Nakpil payable on September 10,
2010. When the debt became due and demandable, Solenn
Nakpil approached Grace Reyes to recover the said debt.
Solenn Nakpil asked Grace to return the next day because she
still has to make the necessary withdrawals in her account to
be able to pay her debt to Solenn. Solenn then agreed to
return the next day. However, when Solenn returned the next
day, Grace Reyes was not in her house. The neighbors of
Grace saw Solenn outside Grace’s house and told her that
Grace left the house early that morning bringing with her two
suitcases and a couple of plastic bags containing her personal
belongings. Solenn was shocked upon hearing such news.
When she returned to her right mind, she thought of resorting
to legal means in order to recover her money from Grace. A
friend of hers told her that she should consult a lawyer on
what legal steps to take and what legal remedies are
available to her.
Question: What then are the legal remedies available
to Solenn in order to recover her one million pesos?
Suggested Answer: You can file a case against Grace of a
crime of estafa and make the service of summons in a
substituted manner since Grace cannot be found at her last
known address. Also if Solenn knows any property of Grace
here in the Philippines, she can attach such property wherein
she can use that property as settlement of the debt after final
attachment and execution upon gaining jurisdiction upon such
property, converting the proceeding from being in personam
to being in rem/ quasi in rem.
Prepared by: LINGAD, TIMOTHY MIGUEL R.
Scenario:
Robin was charged with illegal possession of
firearms. He was arrested during a routine checkpoint near
Nagtahan when the police saw a pistol at the back seat of his
car. He argued that he did not own the said pistol and it might
have been left by his friend who accompanied him to a party.
Thereafter, his wife went to a family friend lawyer for advice
regarding possibility of posting bail for her husband.
Problem:
May the court release Robin on bail despite the fact
that the crime is punishable by reclusion temporal maximum
to reclusion perpetua?
Suggested answer:
Yes. As a general rule, before conviction of any criminal
offense, the accused has the right to post bail, except when
such person is charged with capital offense AND the evidence
of guilt is strong. In the case at bar, the evidence of his guilt is
not strong enough to warrant the denial of his provisional
liberty.
*Section 7. Capital offense or an offense punishable by
reclusion perpetua or life imprisonment, not bailable.
No person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, shall
be admitted to bail when evidence of guilt is strong,
regardless of the stage of the criminal prosecution.
Prepared by: VALERIO, NEO
Scenario:
Bling Lagoon is a former Senior Inspector of the PNP
and a current congressman of his district in Pampanga. A
warrant of arrest was issued two days ago by the RTC Judge
Yado of Pampanga indicting Bling Lagoon as the mastermind
of the ambush/killing of the former Congressman Bubuy Dakil
of his district and Dakil’s driver three years ago.
 San Beda College of Law | LEGAL COUNSELING
CLASS 3C, 2010-2011
FINALS REQUIREMENT

Last month, Bling Lagoon while in Cuba, contacted than ten years did Mataga bring up his cause of action before
YOU through email & mobile phone and he wanted to engage the court. This case squarely falls under the statute of
you as his LEAD Counsel. You sent your engagement proposal limitations. We are not without remedy. This case is
stating the ff. amounts: Acceptance Fee (P100,000.00), dismissible and I will do everything I can to make it possible.
Appearance fee (P10,000.00), and other expenses to be
shouldered by Bling Lagoon. The scope of your duty is to
counsel him, file the necessary documents, and defend him in
case of trial. Evidence gathering is under the obligation of
Lagoon’s supporting counsels. Bling Lagoon sent his
acceptance letter plus a check amounting to P100, 00.00
through mail last week.

Today, You and Bling are in a private room in Cuba to

discuss the legal problem of the issuance of warrant of arrest .
What advice can you give him?

Suggested answer:
Give him 3 options:
a.) Return to the Philippines & face the music by
battling it out through the court.
b.) Remain in Cuba temporarily until the Supreme
Court decides on the merit of probable casue in
the warrant of arrest and surrender if the latter
is affirmed by the SC.
c.) Remain in Cuba for his entire life.

Prepared by: MUNOZ,

Background:

I, Geronimo Miguel Mercado, have received Summons from

the court informing me of the complaint filed by Lawrence
Allen Mataga for a collection of sum of money. I am now
asking for your legal expertise under following:

Facts:

1. I am the owner of a supermarket located in Apalit,

Pampanga.

2. In the course of my business, I issue various notes to

secure my obligations to my suppliers.

3. One of these notes is the promissory note issued in favor of

Lawrence Allen Mataga in July 12, 1999.

4. The note is payable five (5) months after date, which is

December 12, 1999.

5. Mataga demanded payment on December 20, 1999 but I

failed to pay.

6. He filed a case for collection of sum of money against me

in September 15, 2010.

Issues:

1. Does Mataga have a cause of action against me?

2. What remedy is available in my favor?

Suggested answer:

1. Yes. The requisites of a cause of action are the following: a)

Existing right in favor of the plaintiff, b) Duty of the defendant
to respect plaintiff’s right, c) Violation such right by the
defendant. In your case, Mataga holds a right over the
promissory note. Such right must be acknowledged by you,
the debtor but you filed to pay the amount in violation of
plaintiff’s right. Hence, it cannot be denied that he has a
cause of action against you.

2. We can file a motion to dismiss based on the ground that

the cause of action has already been barred by the statute of
limitations. This means that the cause of action of Mataga has
already prescribed. Under the law, a cause of action based
upon a written contract prescribes in ten (10) years from its
accrual. In the case at bar, it is only after the lapse of more