2022 BAR EXAMINATION Remedial Law I

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I

Lebron, a Makati resident, obtained a Php 350,000.00 loan from a bank secured by a real estate mortgage (REM) over his lot located in Quezon City with an assessment value of Php 500,000.00. Lebron failed to pay despite written demands. The bank intends to file an action for judicial foreclosure of the REM,

Where should the action for judicial foreclosure of the REM be filed in which court? Explain briefly.

II

Asya, Inc. sued Kobe a resident of Bukidnon. To serve summons, the sheriff waited in the lobby of Makati Hotel (MH), where Kobe stays whenever he is in Manila. The sheriff failed to serve the summons Kobe left the hotel for an emergency. Hours later, the sheriff asked the front desk about Kobe’s whereabouts and his room number. The hotel refused to disclose on grounds of confidentiality. The sheriff tried again the next day, but Kobe was in a conference until midnight. So, the following, day the sheriff left the summons and a copy of the complaint with MH’s chief security officer (CSO), even as the CSO refused because Kobe had already checked you by then. The sheriff thereafter filed his return, stating the dates, times and places of his attempts, the name of the CSO, and the fact that the complaint was served with the summons. When Kobe did not file an Answer, Asya, Inc. moved to declare him in default.

Was there a valid substituted service of summons? Explain briefly.

III

Ten days after service if summons, defendant Kay filed a motion to dismiss the complaint for collection of sum of money against her on the ground of improper service of summons, on the basis of which the court did not acquire jurisdiction over her person.

If you were the judge, how would you rule? Explain briefly.

IV

[This item has two questions.] Attorney Woo, the new-hired lawyer of a law firm, booked Samurai Express, a duly accredited courier within the National Capital Judicial Region, to serve a copy of a motion for reconsideration to Attorney Han, counsel of the adverse party, whose office is in the City of Manila Attorney Hann moved to deny the motion for failure to contain a written explanation as to why the motion was not served personally.

(a) Was the motion for reconsideration properly served? Explain briefly.

(b) What shall be considered as proof of service of the motion? Explain briefly.

V

Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage, alleging as ground therefor Jewel’s psychological incapacity under article 36 of the Family Code. The court denied the petition for insufficiency of the evidence presented at the trial. Much later, Jimuel filed again a petition against Jewel for the declaration of nullity of their marriage. This time, the basis of Jimuel’s petition was the absence of a marriage license at the time their marriage was celebrated. Upon Jewel’s motion, the court dismissed the petition on the ground of res judicata by virtue of the judgment in the first suit.

Was the denial of the petition on the ground of res judicata proper? Explain briefly.

VI

Isol, Inc. supplies rotisserie chicken products to the grocery section of shopping malls. It conducts kitchen operations in refurbished house located in Palanan, a residential neighborhood. Rona, a resident of Palanan, filed an action against Isol, Inc to enjoin the operation of its kitchen on the ground that it emits intolerable odors and violates laws on waste disposal. In the same action, Rona also seeks to have Isol, Inc.’s business permit revoked because an industrial facility is not allowed by the law to be located in a residential neighborhood and Isol, Inc. failed to comply with sanitary inspection and other procedural and health requirements. In the complaint Rona filed, she likewise prayed for the issuance of a writ of preliminary injunction (WPI) to stop the kitchen operations during the pendency of the case. Isol, Inc in its verified answer, strongly opposed the prayer for WPI considering the huge financial disaster that it will suffer if the writ were to be issued, especially in light of the possibility that the suit could continue to be pending for more than a year.

Based on the foregoing may the WPI prayed for already be issued? Explain briefly.

VII

Is a prior determination of the status as a legal heir in a separate special proceeding a prerequisite to an ordinary civil action seeking the protection and enforcement of ownership right heir vested by the law of succession? Explain briefly.

VIII

Namjoon, a Korean national, and Regine, a Filipina were married in Makati City on February 14, 2012. Unfortunately, their relationship shortly turned sour and ended with a divorce by mutual agreement in South Korea. The local court in Korea granted the divorce. Wanting to marry her new boyfriend Taehyung, Regine filed a petition of the foreign decree of divorce in the Regional Trial Court (RTC) of Cebu where she resides.

The Office of the Solicitor General (OSG) opposed the petition contending that the proper remedy is a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of the Rules of Court, which can only be filed in the RTC of Makati where the marriage was celebrated and recorded in the Civil Registry of Makati.

Is the OSG’s contention tenable? Explain briefly.

IX

Notting Hill Corp. filed an action for forcible entry against the ten occupants of a parcel of land it owns. After the summary proceedings the Municipal Trial Court (MTC) rendered judgment against the ten defendants filed a notice of appeal, but failed to file a supersedeas bond to stay the judgment to vacate. Upon Notting Hill Corp.’s motion, the MTC issued a writ of execution. When Hugh, the sheriff, was implementing writ of execution, he discovered that the land was occupied by a number of families who all claimed that they were legitimate lessees of the ten defendants. Julia, one of the lessees, pleaded with Hugh, beseeching: “I’m just a lessee, standing in front of a sheriff, asking him to me stay in my home.”

May Hugh implement the writ of execution against the lessees? Explain briefly.

X

An Information for Murder was filed against the accused Demo and Onyok. It reads:

“That on or about the 9th day of March 2008, in the City of Las Piñas, Philippines and within the jurisdiction of this Honorable Court, the above, named accused, conspiring and confederating together and both of them mutually helping and adding each other; without justifiable motive, with intent to kill and with treachery and abuse of superior strength, did then and there knowingly, unlawfully and feloniously attack, assault and use personal violence upon one Angel Rosario, by then and there repeatedly hitting and beating his head with a baseball bat, thereby inflictive upon the later mortal injury which caused his death.

Contrary to law”

The accused filed a motion to quash on the ground that the Information does not conform substantially to the prescribed form.

Is the accused correct? Explain briefly.

XI

Cain was indicated under an Information charging him with the crime of Murder. He was caught by the police in flagrante delicto as the incident happened in a public place with many witnesses present. Videos of the incident were also posted online which the judge was able to watch.

During his arraignment, Cain pleaded guilty to the crime charged. The Regional Trial Court (RTC) accepted the plea because it was made voluntarily and with full understanding of the consequences. The RTC directed the Prosecution to present evidence to prove Cain’s guilt. However, the prosecution failed to present any evidence during the scheduled hearing. The RTC then ruled and found Cain guilty beyond reasonable doubt based solely on his plea of guilt.

Was Cain’s conviction proper? Explain briefly.

XII

Enumerate and describe three warrants that may be issued by the courts pursuant to the Rule on Cybercrime Warrants.

XIII

Ricky, while driving his Maerati, smashes into the Toyota Vios of Dante. Immediately after the incident, Ricky offers to pay the value of the Toyota Vios. Dante still sued Ricky criminally for Reckless Imprudence because Ricky’s wayward and speedy driving. During trial, Dante was called as a witness to testify Ricky’s offer to compromise as an admission of guilt. Ricky’s counsel objected.

If you were the judge, how would you rule on the objection? Explain briefly.

XIV

Klaus was drinking in front of his rented apartment when he suddenly heard a gunshot which came from inside the apartment owned by Luther. Klaus then saw Igor, a neighbor, going down the stairs and leaving the scene holding a gun. Klaus also witnessed Luther fall from the stairs with blood oozing from his chest. Vanya, Luther’s daughter, also rushed to Luther when he fell.

During Igor’s trial for Murder, Vanya testified and presented a flash drive containing the closed-circuit television (CCTV) footage of the scene. Said footage showed a man appearing to be Igor, armed with a gun, proceeding up the stairs and entering Luther’s apartment. In the video, the same man was seen hastily leaving the premises. Vanya further testified that she was the one who transferred to the flash drive video footage from the barangay-owned CCTV that was located outside their apartment.

When the footages were played in court and an enlarged screenshot was presented, Vanya identified the shooter as Igor. The defense objected on the ground that Vanya was not the recorder of the video footages.

Are the (CCTV) footage admissible as electronic evidence? Explain briefly.

XV

In a case for Estafa, the presecution offered the photocopy of the acknowledge receipt signed by the accused showing personal receipt of the sum of money from the private complainant to prove the amount of damage. Accused objected to the offer of the photocopy on the sole ground that it is a mere reproduction of the original in violation of the original document rule. The court overruled the accused’s objection and admitted in evidence the photocopy of the acknowledgement receipt.

Did the court err in admitting the photocopy? Explain briefly.

I

Police officer John ran after Randy who had just killed Willy in John’s presence. John fired at Randy in an attempt to stop him in his tracks. In response, Randy fired back at John, hitting him. John was seriously wounded but survived due to timely medical assistance. Randy was then charged with Frustrated Homicide. During the trial, Randy claimed self-defense.

Is Randy’s claim of self-defense tenable? Explain briefly.

II

Moe, Curly, and Larry were drinking and singing inside a karaoke bar when suddenly, Buboy entered the bar and without warning, immediately shot all three of them using a caliber .45 pistol. Thereafter, Buboy ran out of the bar to escape. Moe, Curly, and Larry died instantly due to gunshot wounds in their heads and bodies. With the help of eyewitnesses, Buboy was arrested. After the inquest, the prosecutor charged Buboy with three counts of Homicide.

Do you agree with the charge of Homicide against Buboy? Explain briefly.

III

Michael was driving along the highway when he executed a prohibited U-Turn. Dyords, a police officer, accosted Michael for the traffic violation. A verbal argument ensued between them. Dyords suddenly drew his service firearm, and pointed it at Michael. Dyords ordered Michael to alight from his car, which the latter obeyed. Dyords then handcuffed Michael and pinned his head and body against the pavement until he could no longer breathe. Michael died. Charged with Homicide, Dyords interposed the exempting circumstance of accident as a defense.

If you were the judge, how would you resolve Dyords defense? Explain briefly.

IV

Bernardo, a mayoralty candidate of Osram City, wanted to eliminate Yori, his political opponent. Yori announced his intention to run for mayor of the same city. A month before the filing of candidacy, Bernardo and Benjamin met at a hotel and discussed their plan to kill Yori on the day when he would file his certificate of candidacy. Based on their agreement, Bernardo would provide the guns and the money, while Benjamin would provide the personnel to cordon off all roads leading to the COMELEC’s local office.

On the day of the execution of the plan, however, Benjamin flew to Manila to avoid being involved in the planned killing of Yori. Bernardo, determined to kill Yori, convened his own armed group and laid out a new plan to kill Yori, and in accordance with it, his armed group patrolled all the roads leading to the COMELEC’s local office. Bernardo remained in his house and monitored the execution of the plan from there. As soon as Yori and his supporters passed by the main road at around 2:00 p.m., Bernardo’s armed group opened fire at them. Yori was unharmed as he was inside a bulletproof vehicle, but ten of his supporters were killed. Bernardo, the members of his armed group, and Benjamin were later charged with ten counts of Murder for the death of Yori’s supporters and one count of Attempted Murder of Yori.

Discuss the criminal liability for the crimes charged against each of the following: (i) Bernardo (ii) the members of Bernardo’s armed group, and (iii) Benjamin. Explain briefly.

V

A police officer responded to a disturbance call at around 1:30 p.m. in an apartment in Quezon City. Upon his arrival, the police officer encountered Sisa stabbing her 1-year old child with a kitchen knife. The police officer grabbed Sisa and the latter threw the knife on the floor. Sisa was immediately taken into custody. Despite suffering multiple stab wounds on her back, the child survived. During the trial, Sisa insisted that she can only be held liable for Attempted Parricide because she voluntarily desisted when she threw down the knife,

Is Sisa’s contention tenable? Explain briefly.

VI

Anna and Barbara, while working inside their sari-sari store, saw Javier and Jorge robbing an elderly woman of her purse and brutally beating her to death. Anna and Barbara immediately ran outside and, when they tried to help the elderly woman, Javier and Jorge stabbed both of them. Thereafter, Javier and Jorge ran away with the elderly woman’s purse. Anna suffered one stab wound which punctured her lung, but she survived due to timely medical assistance. Barbara, however, died as a result of nine stab wounds, one of which pierced through her spleen.

If you were the prosecutor, what crime/s will you file against Javier and Jorge for: (i) the death of the elderly woman, (ii) the death of Barbara, and (iii) the injuries sustained by Anna? Explain briefly.

VII

Jesusa, a mayoralty candidate of the Municipality of Jaen, Nueva Ecija during the 2019 local election, was ambushed and gunned down by Jhudas, a gun for hire. Jhudas was arrested at a COMELEC checkpoint just after the incident. The firearm he used, a baby armalite, was verified to be without any license. During the interrogation, Judas admitted that Pontio, the rival mayoralty candidate of Jesusa, paid him Php 1,000,000.00 to assassinate Jesusa. Due to Jhudas’ admission, coupled with the sworn statement of an eyewitness, the prosecutor filed two Informations, one for Murder and one for Illegal Possession of Firearm, against both Jhudas and Pontio.

Do you agree with the prosecutor’s charge against Jhudas and Pontio? Explain briefly.

VIII

Jenny obtained a fire insurance from YG Insurance Co. (YG). In payment of the policy, she issued a postdated check payable to cash in the amount of Php 15,000.00 which was handed to Lisa, YG’s sale agent. Lisa did not remit the check to YG. Instead, Lisa deposited it in her husband’s bank account, but the check was dishonored for having been drawn from a closed account

What crime, if any, was committed by Lisa and, if there was any, what is its prescribed penalty? Explain briefly.

IX

Madame X, with the promise of money, and without the use of force, intimidation, or threat, enticed Zia, a 15-years-old, to engage in oral sex by allowing Madame X to lick Zia’s vagina. Zia consented because she needed the money.

What crime, if any, was committed by Madame X? Explain briefly.

X

During the 2022 national elections, Bern posted on her Facebook page a statement that Alfredo, an incumbent mayor vying for re-election, has a pending corruption case with the Sandiganbayan for pocketing Php 20,000,000.00 of public funds under his custody. Czarina Bern’s friend saw the post and commented online, stating: “Bhie, true yan. Alfredo is so corrupt Marami ding binahay yan Sugarol pa!” Donnabel, also Bern’s friend, reacted to Bren’s post by clicking the “like” button. Another person, Justine, who is a stranger to Bern and her friends, but who claims to be a crusader for good governance, came across the said post. Finding it relevant to her advocacy and crusade, Justine shared the link to Bern’s post on her Twitter account

Who among Bern, Czarina, Donnabel, and Justine, If any, are liable for the crime of Cyber Libel? Explain briefly.

XI

On May 15, 2013 at around 3:00 a.m Lucy, Mary and Raphael were on board a passenger jeepney, with Raphael behind the wheel. They were traversing the highway on the southbound lane.

Meanwhile, a Virgen Bus, Driven by Kiko, was Traveling along the northbound lane. Kiko overtook the vehicle in front of him, which caused him to occupy the opposite lane where the jeepney was on. With the Virgen Bus traveling at a high speed, Raphael tried to avoid the collision but failed. The bus hit the jeepney which resulted in Raphael’s death, serious physical injuries to Lucy and Mary, and extended damaged to the jeepney amounting to Php 500,000.00

The public prosecutor filed two Information charging Kiko for two separate offenses : (i) Reckless Imprudence resulting in Serious Physical Injuries for the injuries suffered by the passenger; and (ii) Reckless Imprudence resulting in Homicide and Damage to Property for Raphael’s death and the damage to the jeepney

Is the public prosecutor correct? Explain briefly.

XII

Sometime in 2011, while police officers were conducting a foot patrol in connection with the report of rampant illegal activities in the area, police officer Pepe saw Raul inside a small shanty holding a disposable syringe, Being a police officer for almost 15 years and having previously made more than ten arrest involving possession of drug paraphernalia, Pepe entered through the open door of Raul’s shanty and arrested him. Inside the shanty, 23 more pieces of disposable syringes and empty ampules were seized from Raul. Pepe immediately marked the seized items, took photographs thereof, and conducted an inventory in the presence of Raul, a Barangay kagawad, a representative from the Department of Justice (DOJ), and a media practitioner, The seized items were turn over to the evidence custodian, who kept them in a sealed container in the police station.

During the trial of Raul for the crime of Illegal Possession of Drug Paraphernalia, police officer Pepe, the sole witness for the prosecution, testified as narrated above. After which, the prosecution rested its case. The defense did not present any evidence

If you were the judge, would you convict or acquit Raul for the crime charges? Explain briefly.

XIII

Joben, a school principal, called high school student Paula and Gina, both 15 years old, to the faculty room regarding the sexual text message circulating around campus which made reference to Joben’s daughter. In front of teachers and some students, Joben shouted at Paula and Gina, asking them who sent the said text message. Joben also threatened to sue them and said: “Siguro naingit kayo sa anak ko kasi maganda sya, matalino at mayaman. Sabihin nyo kasi sa mga magulang nyo magsumikap sila para maging mayaman din kayo. Di yung tatamad-tamad.” Joben then raised the middle finger in front of Paula and Gina, saying “Mga burikat (whore)!”

Later that day, Paula and Gina narrated the incident to their parents and said that they were ashamed of going back to school.

Is Joben guilty of violating Section 10(a) of Republic Act No. 7610 for other acts of child abuse? Explain briefly.

IVX

On February 25, 2019, Bob approached Edward to borrow Php 100,000.00 purportedly to settle some obligations, promising that he would pay the loan using a postdated check. Convinced by Bob’s promises of repayment with interest, and because of their closeness as former classmates in high school, Edward agreed to lend the said amount. As payment, Bob made, drew, issued in favor of, and delivered to Edward on the latter’s residence at No. 112 Maria Orosa St., Ermita, Manila, CBC Saving Bank Check No. 32710 postdated August 25, 2019 in the amount of Php 105,000.00. When the check was presented for payment on its due date in CBC Saving Bank Quezon City Branch, it was dishonored due to: “Drawn Against Insufficient Funds” (DAIF).

On January 22, 2020, Edward sent a demand letter to Bob to pay the face value of the check, but said demand, although received by Bob, was not heeded. Hence, the check remained unpaid, with no arrangement for its payment.

Draft the appropriate Information, complete with caption and title, charging Bob for violation of Batas Pambansa Blg. 22.

XV

In 2003, the Province of Davao del Sur purchased two vehicles for the use of the Governor and Vice Governor, respectively. The purchase requests, which were all assigned by Luis as then Governor of the province, requested for the acquisition of one unit Ford Ranger XLT 4×4 and one unit Toyota Hilux 4×4. The procurement of the subject vehicles did not undergo competitive public bidding as it was effected through direct purchase. The mode of procurement was approved by the members of the Bids and Awards Committee (BAC) of the province. The two vehicles were delivered to the provincial government, and after inspection and acceptance by the concerned officials, payments were issued to the suppliers.

Subsequently, a complaint was filed by a concerned citizen before the Office of the Ombudsman-Mindanao (OMB) claiming that the purchase of the provincial government violated the procurement law. The OMB, after due investigation, verified that the provincial government did not comply with the required procedure of the procurement law. Based on his finding, the OMB filed with the Sandiganbayan an Information against Luis and the members of the BAC for violation of Section 3 (e) of Republic Act No. 3019.

The Sandiganbayan found Luis and the members of the BAC guilty on the sole reason that violation of the procurement law constitutes evident bad faith and manifest partiality on the part of the accused.Is the Sandiganbayan correct? Explain briefly.

I

Samson Manufacturing, Inc. insured its own goods with Delilah Insurance for Php 2,000,000.00. The same goods were insured by Alibaba Shipping Co. with Assured Corp. for the same amount pursuant to its contract of carriage with Samson Manufacturing, Inc. Both policies warranted that no other insurance exists, and in case another insurance does exist, such would not void either policy, but in no case should the claim exceed the total amount of Php 2,000,000.00 at the time of loss.

Is this a case of double insurance? Explain briefly.

II

[This item has two questions.] Muviel obtained a life insurance policy from X Insurance Corp. Muviel underwent a medical examination and was certified as qualified to be insured. Unknown to X Insurance Corp., Muviel had a mild stroke some years earlier. The insurance policy expressly provided that any misrepresentation in the questionnaire filled up by Muviel for the issuance of the policy would render the policy null, void and of no effect.

(a) If Muviel dies within the two-year period from the time of issuance of the policy, will the beneficiaries of Muviel be entitled to claim the proceeds of the life insurance policy? Explain briefly.

(b) Should Muviel die after the two-year period, will your answer be the same? Explain briefly.

IV

[This item has two questions.] Kotse Corp. in an entity that provides pre-arranged transportation services for a fee using an online-enabled platform technology that connects passengers with drivers using their own vehicles.

(a) Is Kotse Corp. a common carrier? Explain briefly.

(b) Are the drivers engaged in common carrier service? Explain briefly.

IV

At around 4:00 p.m. of December 25, 2020, Christmas Day, Queenie and her child, Paeng, boarded a jeepney being operated by Emil and driven by Amor. Queenie was made to sit on an empty beer case at the edge of the rear entrance/exit of the jeepney with her sleeping child on her lap. When they reached an uphill incline on the road, the jeepney slid backwards. Queenie pushed both her feet against the step board to prevent herself and her child from being thrown out of the exit, but because the step board was wet, her left foot slipped and was crushed between the step board and the coconut tree which halted the jeepney’s backward motion. As a result, Queenie’s leg was badly injured and had to be amputated.

Queenie then sued Emil and Amor for breach of contract of carriage. Emil and Amor countered that the injuries Queenie sustained were due to her own fault since Amor had instructed everyone not to panic, but Queenie nevertheless tried to disembark which caused her foot to be crushed.

If you were the judge, would you hold Emil and Amor solidarily liable? Explain briefly.

V

FLIP Co. is engaged in a nationalized activity requiring at least 60% Filipino ownership. Its outstanding capital stock consists of 1,000,000,00 shares broken down into 400,000 non-voting preferred shares and 600,000 voting common shares out of which 20,000 are treasury shares.

How many shares of the corporation must be owned by Filipinos? Explain briefly.

VI

Yoongi, a director of BTS Corp. PH, bought substantial shares of its major supplier, Hybe, Inc. When Hybe, Inc.’s contracts were taken up by the BTS Corp. PH Board, Yoongi not only voted for their approval but influenced other directors to do so. Later, the Hybe, Inc. contact turned out to be disadvantageous to BTS Corp. PH and caused it substantial losses.

Discuss the action/s that may be pursued against Yoongi under the Revised Corporation Code. Explain briefly.

VII

[This item has two questions.] LOKO Co., using a fraudulent scheme, was able to sell its shares to investors. The sale proceeds were then secretly diverted by LOKO Co. to its wholly owned subsidiaries. Later, LOKO Co. became insolvent and was placed under receivership. On behalf of the investor-stockholders, the receiver demanded the inspection of the book and records of LOKO Co.’s subsidiaries.

(a) Can LOKO Co. stockholders exercise, through the receiver, their right of inspection of the books and records of LOKO Co.’s subsidiaries? Explain briefly.

(b) Is this a case of intra-corporate dispute? Explain briefly.

VIII

EXIT Corp., no longer wanting to continue with its business, transferred to Entra, Inc. under an Asset Purchase Agreement all its properties and assets including goodwill. A creditor of EXIT Corp. demanded from Entra, Inc. the payment of EXIT Corp.’s debt for the reason that the transaction amounted to a merger and, therefore, the surviving corporation, Entra, Inc., must assume the debts of the absorbed corporation, EXIT Corp.

Is the Creditor’s demand tenable? Explain briefly.

IX

[This item has two questions.] Zui Cheneris Corp. is a pharmaceutical company operating in the Philippines since 1999. One of its products is a drug called carbamazepine under the brand name “CHENAPS”, which is an anti-convulsant used to control all types of seizure disorders of varied causes like epilepsy.

Nutty pharma, also a pharmaceutical company in the Philippines, sells citicoline under the mark “CHENAPSE”, which is indicated for the treatment of cerebrovascular disease or stroke. “CHENAPSE” was registered as a trademark by Nutty Pharma with the Intellectual Property Office of the Philippines (IPO) on September 24, 2017.

On November 29, 2017, Nutty Pharma filed the Regional Trial Court (RTC) a Complaint against Zui Cheneris for Temporary Restraining Order and/or Preliminary Injunction, alleging that Zui Cheneris’ “ CHENAPS” is confusingly similar to is registered trademark “CHENAPSE” and the resulting likelihood of confusion is dangerous because the marks cover medical drug intended for different types of illnesses.

Zui Cheneris, in its Answer, countered that: (i) it has been selling carbamazepine under the brand name “CHENAPS” since 2004; (ii) it was impossible for Nutty Pharma not to have known the existence of “CHENAPS” before the latter’s registration of “CHENAPSE” because Nutty Pharma had promoted its products in the same publication where Zui Cheneris had advertised “CHENAPS”; (iii) despite its knowledge of prior use by Zui Cheneris of “CHENAPS”, Nutty Pharma had fraudulently appropriated the “CHENAPSE” mark by registering the same with the IPO; and, (iv) as the prior user, Zui Cheneris is the owner of “CHENAPS” and the continued use by Nutty Pharma of “CHENAPSE” will cause it grave and irreparable damage, Thus, Zui Cheneris prayed for the cancellation of the trademark registration of Nutty Pharma’s “CHENAPSE”.

(a) As the RTC judge, will you enjoin Zui Cheneris from further using the mark ”CHENAPS”? Explain briefly.

(b) Is Zui Cheneris’ prayer for cancellation of Nutty Pharma’s trademark registration tenable? Explain briefly.

X

Bank teller Loris submitted a Suspicious Transaction Report (STR) on Marychelle, a politically exposed person (PEP), who, when asked about her deposit of Php 2,000,000.00 in cash, winked and replied “Sikreto teh”. The Anti-Money Laundering Council did not find probable cause which could support the belief that Marychelle had committed an unlawful activity or was otherwise involved in money laundering. Marychelle now wants to sue the bank and Loris for allegedly discriminating against her.

Discuss whether or not Loris and the bank are liable.

XI

Kauff Corp. had suffered tremendous losses as a result of the COVID-19 pandemic and the resulting economic slump. From a calculation of its assets and liabilities, Kauff Corp. was technically insolvent but management believed that it had the chance to survive if its mineral properties could be exploited. Kauff Corp has the rights to several parcels of land containing nickel deposits. Nickel prices had gone up in the world market and nickel was in short supply.

The creditors of Kauff Corp. are set to file suits for collection with application for writs of attachment.

As the counsel for Kauff Corp., what legal action would you take to avert the suits and stave off insolvency and liquidation? Explain briefly.

XII

In a Facebook livestream, an author offered his books online for sale by asking interested viewers to type in “Mine” in the chat box. A set of his books was sold to a social media influencer who later turned out to be a “joy reserver” A “joy reserver” refers to an online buyer who enthusiastically shows interest in an item, but will not actually buy it. The author made a screenshot of the social media influencer’s “Mine” message as proof of the acceptance of the offer.

Does the screenshot of the massage prove the perfection of the sale contract? Explain briefly.

I

[This item has two questions.] Pepe and Pilar are adjoining lot owners. Suppose Pepe’s lot is titled and without his knowledge, it was encroached upon by Pilar whose lot is untitled but who honestly believed that the encroacher portion, where she built a small bungalow house, is still within her property.

(a) Is Pilar a builder in good faith? Discuss Pepe’s right as against Pilar. Explain briefly.

(b) Suppose it is Pilar’s lot that is titled and Pepe’s lot is untitled, would Pilar be a builder in good faith? Discuss Pepe’s right as against Pilar. Explain briefly.

II

[This item has two questions.] Thea, Vanessa, and Sophia are siblings who are co-workers of a 600-sq. m. parcel of land covered by TCT No. 12345 situated along Bangkal Road, Makati City. Thea decided to sell her share, an undivided 200-sq. m. portion of the property, to Alyssa, a Filipina nurse who has been living in Canada for the last ten years. Alyssa, without the knowledge of Sophia and Vanessa, built a modest house on the 200-sq.m. portion abutting the road leased it to Stell for Php 15,000.00 per month.

(a) Could Thea legally transfer her share of the property to Alyssa without the consent of Vanessa and Sophia? Explain briefly.

(b) Can Vanessa and Sophia respectively legally demand from Alyssa a one-third share in the rentals? Explain briefly.

III

[This item has two questions] With the intent to develop a subdivision, Oliver bought a parcel of land adjacent to a subdivision owned by Phil. Oliver’s land had no direct access to the highway, as it was blocked by a kamote plantation owned by Josh. Phil’s subdivision, on the other hand, already had a direct access to the highway. To facilitate the release of the license form the Department of Human Settlement and Urban Development, Oliver presented a contract to sell between him and Josh over the kamote plantation, on the representation that he would construct an access road thereon.

Pending approval of the license, Oliver sought the consent of Phil to connect the road that would be built by him with the main road of Phil’s subdivision. Phil allowed him to do this pending their negotiation on the compensation to be paid. With the eventual grant of the license, Oliver began the development of his subdivision. To protect the right of way over Phil’s subdivision, Oliver was able to cause an annotation of adverse claim on Phil’s property.

However, when Oliver’s subdivision was already completed, and with the adverse claim annotated, Oliver believed that he no longer needed to buy the kamote plantation and accordingly rescinded the contract to sell with Josh.

When Oliver and Phil failed to arrive at an agreement on the consideration for the easement, Phil built a wall blocking the road constructed by Oliver that connected Oliver’s subdivision with his. Oliver filked a omplaint seeking the establishment of an easement of right of way through Phil’s subdivision which Oliver claimed to be the most adequate and convenient access to the highway. On the other hand, Phil filed a petition to have the adverse claim canceled.

(a) Is Oliver entitled to a right of way through Phil’s subdivision? Explain briefly.

(b) Is there basis to have the adverse claim canceled? Explain briefly.

IV

The spouse Santos are the registered owners of Lot 2 located in umaga Subdivision, Caramoan, Camarines sur, covered by TCT No. 1369. Lot 2, which has been occupied by the spouse Santos for about 11 years, as a one-storey residential which was already erected thereon when Lot 2 was purchased by the, from the spouse Cruz in 2005. At the time of the acquisition of Lot 2, the adjoining lot, Lot 1, which was also owned by the spouses Cruz started the construction of a two-storey residential house. The spouses of Santos bemoaned how, prior to the construction on Lot 1, they received enough bright and natural light from their windows. The construction rendered their house dark such that they are unable to do their normal activities in their house without switching on their lights.

Have the spouse Santos acquired an easement of light and view with respect to Lot 1 owned by the spouses Cruz? Explain briefly.

V

In 2014, a wealthy young couple, Tan, moved by the spirit of generosity and love for their hometown in Siquijor, decided to donate a one-hectare lot in favor of the province of Siquijor. The Deed of donation Pertinently provides:

“The herein DONORS hereby voluntarily and freely give, transfer and convey, by way of unconditional donation, unto said DONEE, all of the rights, title and interest which the aforesaid DONORS have or which pertain to them and which they owned exclusively in the above-described real property over a one-hectare portion of the same, solely for hospital site only and for no other purpose, where a provincial government hospital shall be constructed.”

The donation was recorded i the Registry of Deeds, and a certificate of title to the property was transferred to the province of Siquijor. In accordance with the Deed of Donation, the construction of a hospital building was started in the following year.

However, for reasons unknown, only the foundation of the hospital building has, to this day, been completed.

Do the spouses Tan have valid grounds to revoke the donation? Explain briefly.

VI

Being an overseas worker, Salvador issued to Ronaldo a duly notarized Special Power of attorney (SPA) authorizing the latter to enter into a contract of lease over Salvador’s property covered by TCT no. 122433 for a period of three years with SISI Corp. Salvador entrusted to Ronaldo the owner’s duplicate of the TCT in case SISI Corp. needed to verify the same.

Hearing rumors that the subject property was sold, Salvador went to the Register of Deeds and was shocked to find out that TCT No. 122433 had been canceled and TCT No. 334388 had been issued in Eduardo’s name. To Vindicate his property rights, Salvador filed a complaint for cancellation of title and reconveyance. Salvador was able to prove that he was out of the country when the purported sale as executed.

On the other hand, Eduardo claims to be an innocent purchase for value, stating that he paid the fair market value to Ronaldo and that he replied on her fact that Ronaldo and that he relied on the fact Ronaldo presented the original owner’s duplicate of Salvador’s TCT. He likewise inspected the property and determined that Salvador was indeed the owner.

If you were the judge, decide. Explain briefly.

VII

Atory is one of the five children of Jawo. Jawo was registered owner of a four-hectare parcel of land in Sta. Cruz, Laguna covered by TCT No. 77347. When Jawo died, the owner’s duplicate of the TCT was kept by Jawo’s daughter, Akiko (sister of Atoy), who resided in the said property. wanting to have the said four-hectare property registered under his name, Atoy got in touch with Franz who had special connections with the Register of deeds of Sta. Cruz, Laguna. TCT No. 77347 was then cancelled and TCT No. 84660 was issued in Atoy’s name on January 29, 2013. Atoy immediately mortgaged the property to the Rural Bank of Sta. Cruz (RBSC). Upon default and after being declared the winning bidder in the extrajudicial foreclosure sale, RSBC consolidated ownership with the issuance of TCT No. 94477 in its name.

How will Akiko and the other heirs of Jawo be able to successfully argue that RBSC is not an innocent purchaser for value? Explain briefly.

VIII

How does the New Civil Code distinguish between immovable and movable properties? Explain briefly and give two examples for each.

IX

[This item has two questions] This case involves two competing titles: TCT No. 23456 in the name of Flor and TCT No. 65432 in the name of de Luna. Flor’s title was derived from Rodrigo’s title was originally obtained through a judicial confirmation of the title in 1950 based on a survey plan approved in 1931. On the other hand, de Luna derived her TCT No. 65432 from Diaz who obtained an original title through judicial confirmatio of title at a much later date, i 1970, in the basis of a survey plan approved in 1921. It turned out that Flor’s TCT no. 23456, although titled prior in time, was based on a survey plan that was marred with numerous blatant, obvious ad serious defects, to the point that the trial court found it dubious, irregularly approved ad was therefore fake.

(a) Discuss the principle of “qui prior est tempore, potior est jure” in the torrens system of land registration.

(b) As between Flor and de Luna, whose title should be declared valid and whose title should be voided? Explain briefly.

X

In 20088, a fire razed the Register of Deeds of San Fernando, Pampanga (RD). Several titles on file were burned. Long before the fire, Tito, Vic, and Joey had been living in a 350-sq.m. lot covered by TCT No. 49933, which which they inherited from their parents. The original of TCT no. 49933 on file with the RD was among the titles which were bured. To effect the partition agreed among them, the siblings filed a verified petition for reconstitution of the TCT before your court.

To support the petition, the siblings presented: (i) a notarized affidavit of loss duly recorded and registered with the RD; (ii) a photograph of TCT no. 49933; (iii) real property tax declaration and receipts to evidence payment of real property taxes, together with the sketch and subdivision plan; (iv) a land Registration Authority (LRA) Report which state that the survey and subdivision plans and the techical description of the reconstituted property; (v) a microfilm copy of the plans ad technical description onn file with the LRA; and (vi) the Extrajudicial settlement of Estate executed amon them.

The public prosecutor, duly deputized by the Office of the Solicitor General (OSG), prays for the denial of the petition, and argues that the foregoing documents are insufficient for reconstitution of TCT No. 49933.

Should the petition for reconstitution be granted? Explain briefly.

XI

Ely borrows Php 2,000,000.00 from Mia and mortgages and a parcel of land to secure the loan. The mortgage provides for a 5% monthly interest, a five-years maturity period, a default provision in case of non-payment of interest of principal, and an extra judicial foreclosure provision. On the fourth year, Ely failed to pay interest for three consicutive months. After sending a demand letter, Mia declares Ely in default and extrajudicially forecloses the mortgage. Mia is the highest bidder in the foreclose sale, and consolidates ownership upon the lapse of the redemption period.

Can Ely have the foreclosure annulled and recover the property? Explain briefly.

XII

Luz is the owner of a parcel of land consisting of 500 square meters located in San Miguel, Bulaccan annd covered by TCT No. R-248016. Luz agrees to sell to Minda the lad for Php 500,000.00, payable in te mothly installments, with the first installment payable upon execution of the contract to sell, to which Minda acceded. They also agreed that the title to the land shall only transfer to Minda full paymennt of the connsideration, and that any and all taxes, fees and expenses incidental to the sale will be paid by Minda.

Draft a notarized cotract to sell between Luz and Minda.