memorandum part of bar exam

8/3/2019 Memorandum Part Of Bar Exam

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INSTRUCTIONS FOR ESSAY EXAMS:

You are presented with a hypothetical case plus research materials (provisionsof law and jurisprudence) that you may want to use in your work.

The laws and jurisprudence accompanying the problems are designed to providesufficient basis for preparing an excellent trial memorandum or legal opinion. But youare free to include such laws, rules and principles not provided that you feel willenhance your work.

Choose the side of the dispute that you want to uphold and defend and preparea trial memorandum in support of your side.

Omit the case caption.

Do not write more than four arguments.

You have been given, apart from this Test Question, a Draft Pad, and an AnswerPad. Use the Draft Pad for making a draft of your memorandum. This will permit youto freely edit and rewrite your work. Editing and rewriting are essential to sound legalwriting.

The bells will be rung one hour before the end of the exam to signal the need foryou to begin transferring your work to your Answer Pad.

You may, of course, prefer to skip the preparation of a draft and write your essaydirectly on your Answer Pad. That is allowed.

Quality of writing, not length is desired.

You are free to jot notes or place helpful markings like underlines on the testquestions and the enclosed materials.

Corrections even on your final essay on the Answer Pad are allowed and will notresult in any deduction. Still, it is advised that you write clearly, legibly and in anorderly manner.

When the bell rings a second time to signal the end of the exam, your testquestions, Draft Pad, and Essay Pad will be collected whether you are finished or not.The time pressure is a part of the exam.

You will not be graded for a technically right or wrong answer but for the qualityof your legal advocacy.

The test is intended to measure your skills in:1) communicating in English -- 20%;2) sorting out the conflicting claims and extracting those facts that are relevant

to the issue or issues in the case -- 15%;3) identifying the issue or issues presented -- 15%; and4) constructing your arguments and persuading your reader to your point of

view -- 50%


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Essay Part 1: Trial Memorandum

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PART 1 TRIAL MEMORANDUM:

Consider the following direct testimonies given in a hypothetical case forannulment of contract. Assume that you are the lawyer for either one of the parties.Using the information given, choose one side and write a memorandum of arguments

that the court may consider before deciding the case.

1. Testimony of the PlaintiffCOURT STAFF: (After swearing in the witness) State your name and personal

circumstances.WITNESS: I am Anna Geronimo, 35 years old, married and an accountant.ATTY. RICHARD VALDEZ: With the Courts permission. Ms. Geronimo, do you

know the defendant in this case, Mr. Peter Pascual?A: Yes.

Q: How do you know him?A: My husband, Raul Geronimo, and I have been friends with him since ourcollege days.

Q: Could you please tell us why you filed this suit for annulment of contractwith damages against him?

A: My husband sold our one-bedroom condominium unit to Mr. Pascualwithout my consent.

Q: Could you please tell us how you learned about the sale?A: I knew about the sale because I was the one who offered the property to Mr.

Pascual.Q: Could you please elaborate on that?A: Since we got married in 2006, my husband and I have been living in a one-

bedroom condominium unit. When I learned that I was having a babysometime in 2008, we decided to buy a house to make room for the nannyand all the baby stuff we need.

Q: When did you acquire this condo unit?A: My husband bought it in 2001 when he was still single.Q: But you have been living there since you got married?A: Yes.Q: So, how did Mr. Pascual learn about your plan to buy a house?A: Like I said, we were close friends. He usually came to our condo unit for

weekend dinners. Sometime in January 2009, I mentioned our plan to him. Hesaid that he would love to buy our condo unit should we finally decide to sellit. He mentioned something about it being a good investment.

Q: When did the actual negotiations for the sale of the condo unit start?A: In April 2009, I called Mr. Pascual and informed him that we finally found a

house. I told him that we were now selling our condo unit. Since he was stillinterested in buying it, I offered it to him at P2 million. He said that he willcall back once the deed of sale and managers check were ready.

Q: Did he call back?A: I left for the United States in May 2009 to give birth. He called my husband

while I was away.Q: If you were the one who negotiated the sale, why are you saying now that

your husband sold the condo unit without your consent?A: While I was in the United States, I decided not to sell the condo unit anymore.

I thought it would be better to keep it in the meantime as an investment.Q: Did you tell your husband about this?


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A: Yes. He called me in June 2009. He said that he already signed the deed ofsale and that he already has the managers check. When I told him that Ialready changed my mind, he said that we will just talk about it when I getback.

Q: When did you return?

A: In September 2009.Q: What happened then?A: I called Mr. Pascual and explained that we were no longer selling the condo

unit. I even offered to return his money in cash.Q: Did he agree?A: No. He insisted that the sale had been consummated and refused to accept

the money.Q: What did you do?A: I consulted a lawyer and decided to file a suit for annulment of contract with

damages.

ATTY. RICHARD VALDEZ: That is all for the witness, your honor.

2. Statement of the DefendantCOURT STAFF: (After swearing in the witness) State your name and personal

circumstances.WITNESS: I am Peter Pascual, 36 years old, single and a sales manager.ATTY. JUDD LAUREL: With the Courts permission. Mr. Pascual, do you know the

plaintiff in this case, Ms. Anna Geronimo?A: Yes.

Q: How do you know her?A: I have been friends with her and her husband, Raul Geronimo, since college.Q: Do you know why she filed this suit for annulment of contract with damages

against you?A: She claims that her husband sold their one-bedroom condominium unit to me

without her consent.Q: Could you please tell us how you learned that the condo unit was for sale?A: Sometime in January 2009, I visited their condo unit. Ms. Geronimo told me

that they were planning to buy a house. They were expecting a baby soon andthey would need a nursery room and storage area for their baby stuff.

Q: What did you tell her when you heard that?A: Since I have been living in an apartment for several years, I thought it might

be a good idea to invest and buy my own condo unit. Since the spousesGeronimo have been my friends for a long time, I have seen how they tookcare of their condo unit. Thus, I told Ms. Geronimo that I will buy it shouldthey finally decide to sell it.

Q: What did she say?A: She promised to call me once they have found a house.Q: Did she call?A: Yes.Q: When?

A: In April 2009, she told me that they finally found a house. She asked if I wasstill interested in buying their condo unit. When I told her I was, sheinformed me that they were giving it for P2 million.

Q: Did you accept the offer?A: Yes. I said that Ill call back once the deed of sale and managers check were

ready.


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Q: When did the deed and payment become ready?A: I immediately asked a lawyer-friend to prepare the necessary deed of sale. I

also prepared a managers check for P2 million. Sometime in June 2009, I metup with Mr. Geronimo. I told him that the sale could not have come at abetter time since I was getting married and will use the condo unit as our

conjugal home. After I handed him the managers check, he signed the deedof sale.

Q: How about Ms. Geronimo? Did she sign the deed of sale?A: No.Q: Why not?A: She was in the United States to give birth.Q: When did you learn that Ms. Geronimo did not want to sell the condo unit

anymore?A: When she returned in September 2009, Ms. Geronimo called me. She said

they wont be selling the condo unit anymore.

Q: What did you tell her?A: I told her that they cant back out now. The sale had been consummated.Q: Were you able to get the certificate of title from Mr. Geronimo?A: Yes.Q: To whom was it named?A: It was under the name of Mr. Geronimo.Q: Were you able to have it transferred in your name?A: Yes.Q: Did you tell Ms. Geronimo about that?A: Yes.

Q: What did she say?A: She said that the condo unit was their property. Since there was no validconsent from her end, she will have the deed of sale annulled.

Q: Would you know of any reason why she suddenly changed her mind?A: Actually during that phone call, she told me that she wasnt happy that I was

getting married and was going to use the condo unit as our conjugal home. Ithink she might be jealous because I always thought her to be extremely niceand sweet to me. But thats absurd. Shes already married and we have beenreally good friends.

ATTY. JUDD LAUREL: That is all for the witness, your honor.

Laws and jurisprudence that may apply

1. Article 96 of the Family CodeThe administration and enjoyment of the community property shall

belong to both spouses jointly. In case of disagreement, the husband'sdecision shall prevail, subject to recourse to the court by the wife for properremedy, which must be availed of within five years from the date of thecontract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable toparticipate in the administration of the common properties, the other spouse

may assume sole powers of administration. These powers do not includedisposition or encumbrance without authority of the court or the writtenconsent of the other spouse. In the absence of such authority or consent, thedisposition or encumbrance shall be void. However, the transaction shall beconstrued as a continuing offer on the part of the consenting spouse and thethird person, and may be perfected as a binding contract upon the acceptance


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by the other spouse or authorization by the court before the offer iswithdrawn by either or both offerors.

2. Article 124 of the Family CodeThe administration and enjoyment of the conjugal partnership shall

belong to both spouses jointly. In case of disagreement, the husband'sdecision shall prevail, subject to recourse to the court by the wife for properremedy, which must be availed of within five years from the date of thecontract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable toparticipate in the administration of the conjugal properties, the other spousemay assume sole powers of administration. These powers do not includedisposition or encumbrance without authority of the court or the writtenconsent of the other spouse. In the absence of such authority or consent, thedisposition or encumbrance shall be void. However, the transaction shall be

construed as a continuing offer on the part of the consenting spouse and thethird person, and may be perfected as a binding contract upon the acceptanceby the other spouse or authorization by the court before the offer iswithdrawn by either or both offerors.

3. Article 1318 of the Civil CodeThere is no contract unless the following requisites concur:

(1) Consent of the contracting parties;(2) Object certain which is the subject matter of the contract;(3) Cause of the obligation which is established.

4. Article 1319 of the Civil CodeConsent is manifested by the meeting of the offer and the acceptance upon

the thing and the cause which are to constitute the contract. The offer must becertain and the acceptance absolute. A qualified acceptance constitutes acounter-offer.

Acceptance made by letter or telegram does not bind the offerer exceptfrom the time it came to his knowledge. The contract, in such a case, ispresumed to have been entered into in the place where the offer was made.

5. Article 1330 of the Civil CodeA contract where consent is given through mistake, violence, intimidation,

undue influence, or fraud is voidable.

6. Article 1390 of the Civil CodeThe following contracts are voidable or annullable, even though there

may have been no damage to the contracting parties:(1) Those where one of the parties is incapable of giving consent to a contract;(2) Those where the consent is vitiated by mistake, violence, intimidation,undue influence or fraud.

These contracts are binding, unless they are annulled by a proper action in

court. They are susceptible of ratification.

7. Article 1431 of the Civil CodeThrough estoppel an admission or representation is rendered conclusive

upon the person making it, and cannot be denied or disproved as against theperson relying thereon.


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8. Jader-Manalo v. Camaisa, G.R. No. 147978, January 23, 2002, 374 SCRA 498The law requires that the disposition of a conjugal property by the

husband as administrator in appropriate cases requires the written consent ofthe wife, otherwise, the disposition is void.

The properties subject of the contracts in this case were conjugal; hence,for the contracts to sell to be effective, the consent of both husband and wifemust concur.

Respondent Norma Camaisa admittedly did not give her written consentto the sale. Even granting that respondent Norma actively participated innegotiating for the sale of the subject properties, which she denied, herwritten consent to the sale is required by law for its validity. Significantly,petitioner herself admits that Norma refused to sign the contracts to sell.

Respondent Norma may have been aware of the negotiations for the sale oftheir conjugal properties. However, being merely aware of a transaction is notconsent.

9. Abalos v. Macatangay, Jr., G.R. No. 155043, September 30, 2004, 439 SCRA 649Being essentially consensual, a contract of sale is perfected at the moment

there is a meeting of the minds upon the thing which is the object of thecontract and upon the price. However, ownership of the thing sold shall notbe transferred to the vendee until actual or constructive delivery of theproperty.

[T]he husband may dispose of conjugal property without the wifesconsent if such sale is necessary to answer for conjugal liabilities mentionedin Articles 161 and 162 of the Civil Code. In Tinitigan v. Tinitigan, Sr., theCourt ruled that the husband may sell property belonging to the conjugalpartnership even without the consent of the wife if the sale is necessary toanswer for a big conjugal liability which might endanger the familyseconomic standing. This is one instance where the wifes consent is notrequired and, impliedly, no judicial intervention is necessary.

10. Ainza v. Padua, G.R. No. 165420, June 30, 2005, 462 SCRA 614The consent of both Eugenia and Antonio is necessary for the sale of the

conjugal property to be valid. Antonios consent cannot be presumed. Exceptfor the self-serving testimony of petitioner Natividad, there is no evidencethat Antonio participated or consented to the sale of the conjugal property.Eugenia alone is incapable of giving consent to the contract. Therefore, in theabsence of Antonios consent, the disposition made by Eugenia is voidable.

11. Co Chien v. Sta. Lucia Realty and Development, Inc. , G.R. No. 162090, January 31,2007, 513 SCRA 570

[A] person is considered in estoppel if by his conduct, representations oradmissions or silence when he ought to speak out, whether intentionally or

through culpable negligence, "causes another to believe certain facts to existand such other rightfully relies and acts on such belief, as a consequence ofwhich he would be prejudiced if the former is permitted to deny the existenceof such facts."


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12. Malbarosa v. Court of Appeals, G.R. No. 125761, April 30, 2003, 402 SCRA 168The acceptance of an offer must be made known to the offeror. Unless the

offeror knows of the acceptance, there is no meeting of the minds of theparties, no real concurrence of offer and acceptance. The offeror maywithdraw its offer and revoke the same before acceptance thereof by the

offeree. The contract is perfected only from the time an acceptance of an offeris made known to the offeror. If an offeror prescribes the exclusive manner inwhich acceptance of his offer shall be indicated by the offeree, an acceptanceof the offer in the manner prescribed will bind the offeror. On the other hand,an attempt on the part of the offeree to accept the offer in a different mannerdoes not bind the offeror as the absence of the meeting of the minds on thealtered type of acceptance. An offer made inter praesentes must be acceptedimmediately. If the parties intended that there should be an expressacceptance, the contract will be perfected only upon knowledge by the offerorof the express acceptance by the offeree of the offer. An acceptance which is

not made in the manner prescribed by the offeror is not effective butconstitutes a counter-offer which the offeror may accept or reject. The contractis not perfected if the offeror revokes or withdraws its offer and therevocation or withdrawal of the offeror is the first to reach the offeree. Theacceptance by the offeree of the offer after knowledge of the revocation orwithdrawal of the offer is inefficacious. The termination of the contract whenthe negotiations of the parties terminate and the offer and acceptance concur,is largely a question of fact to be determined by the trial court.

13. Bautista v. Silva, G.R. No. 157434, September 19, 2006, 502 SCRA 334To establish his status as a buyer for value in good faith, a person dealingwith land registered in the name of and occupied by the seller need only

show that he relied on the face of the seller's certificate of title. But for aperson dealing with land registered in the name of and occupied by the sellerwhose capacity to sell is restricted, such as by Articles 166 and 173 of the CivilCode or Article 124 of the Family Code, he must show that he inquired intothe latter's capacity to sell in order to establish himself as a buyer for value ingood faith.

14. Ravina v. Villa Abrille, G.R. No. 160708, October 16, 2009, 604 SCRA 120In the present case, the property is registered in the name of Pedro and his

wife, Mary Ann. Petitioners cannot deny knowledge that during the time ofthe sale in 1991, Pedro was married to Mary Ann. However, Mary Annsconformity did not appear in the deed. Even assuming that petitionersbelieved in good faith that the subject property is the exclusive property ofPedro, they were apprised by Mary Anns lawyer of her objection to the saleand yet they still proceeded to purchase the property without Mary Annswritten consent.


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PART 1 TRIAL MEMORANDUM:

Consider the following direct testimonies given in a hypothetical case fordamages. Assume that you are the lawyer for either one of the parties. Using theinformation given, choose one side and write a memorandum of arguments that the

court may consider before deciding the case.

1. Testimony of Complainant

COURT STAFF: (After swearing in the witness) State your name and personalcircumstances.

WITNESS: I am Luz Diaz, 65 years old, a widow and resident of Mountain ViewSubdivision, Antipolo, Rizal.

ATTY. RICO SANTOS: With the Courts permission. Ms. Diaz, how long have youbeen a resident of Mountain View?

A: Thirty (30) years, sir.Q: Do you know Ms. Emma Crisostomo?A: Yes, sir.Q: How do you know her?A: She is my neighbor in Mountain View for the last three (3) years.Q: Why are you now suing Ms. Crisostomo?A: Because her carpenter killed my dog.Q: How did her carpenter do this?A: His truck was parked in front of Emmas house and rolled backwards,

crushing my dog.Q: How did the truck roll backwards when it was parked?A: The street where we lived is sloping and for some reason, the truck moved

backwards and ran over my dog.Q: When did this happen?A: In the afternoon of October 25, 2010.Q: What is your dogs name?A: TrixQ: What kind of dog was he?A: He was a poodle.Q: How old was Trix?A: He would have turned eight years old last month if he hadnt died. Hes been

with me since my husband passed away eight years ago.Q: How did you find out about Trixs death?A: I was taking my siesta by the day bed in my living room and noticed that Trix

was no longer by my feet. He always sleeps by my feet.Q: What did you do when you noticed he wasnt there anymore?A: I got up to look for him. I thought he was in the kitchen because he liked to

go there to rub his belly on the tile floor, but he was not there.Q: Where did you look for him next?A: I decided to go to the garden because he also liked playing with the plants

there.

Q: Did you find him there?A: Before I even reached the garden, I heard a loud crashing bang. Then I heard

his cries.Q: What did you do next?A: I ran towards the gate because the sound came from outside. When I opened

the gate, I saw Trix under the wheel of a truck.


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Q: What else did you see?A: The truck was backed up against a tree by the sidewalk and Trix was

thrashing and squealing underneath the truck. Blood was coming out of hismouth.

Q: What did you do then?

A: I cried and screamed for Nilda, my helper, and shouted for the guards whoroamed the subdivision, but no one came.

Q: Did you try to save Trix?A: I could not save him even if I wanted to, because there was no one in the

trucks driver seat. I do not know how to drive, so I just kept crying andscreaming.

Q: What happened to Trix then?A: He kept on howling until he stopped moving and making any sound. He

died soon after.Q: Did you know who owned the truck?

A: Yes, it has always been parked in front of Emmas house ever since she beganrenovating it. I knew it belonged to one of her carpenters.

Q: Did you complain to Emma?A: Yes, I banged on her gate as soon as Trix died.Q: What did Emma do?A: She called the owner of the truck. I kept on crying and crying because I loved

Trix very much but she did not do anything.Q: What did Emma say to you, if any?A: She said that it was not her carpenters fault that Trix was run over by the

truck because it was properly parked. She said that it was only an accident.

Q: What did you say to her?A: I told her that the truck could not have been properly parked because itmoved by itself. She got mad afterwards.

Q: Why did she get mad?A: She said that I should not blame the carpenter because Trix was not supposed

to be out on the streets in the first place. She even said it was good riddancebecause Trix was a pest.

Q: How did you react to what she said?A: I got very mad too. I told her that she should get me another dog because Trix

was my only companion. I took care of him like a baby.Q: What did Ms. Crisostomo say?A: She refused all my demands and insisted that it was my fault.ATTY. SANTOS: That is all, your honor.

2. Statement of Defendant

COURT STAFF: State your name and personal circumstances.WITNESS: I am Emma Crisostomo, 42 years old, married and a housewife.ATTY. REY REYES: Do you know the complainant in this case, Ms. Luz Diaz?A: Yes, sir.Q: How do you know her?

A: She is our neighbor in the subdivision.Q: When did you first meet Ms. Diaz?A: I met her for the first time three (3) years ago when we moved into the

subdivision. Her dog pulled out the plants in my yard and I knocked on herdoor to complain.


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Q: Is this the same dog that is the subject of this case?A: Yes, sir.Q: Ms. Diaz testified that it was your carpenters fault that the truck ran over her

dog. What can you say about that?A: It is not anyones fault but hers because the dog should not be out roaming

the streets. It was a pesky dog and I have complained about it many times.Q: What were your other complaints about the dog?A: Well, the dog dug holes in my lawn. It would frequently deposit its wastes on

our driveway and also pee in front of our house, leaving a foul smell. Onetime, it even chased my little girl down the road.

Q: How many times have you complained about the dog to Ms. Diaz?A: About eight (8) to ten (10) times in the last three (3) years. I even complained

to the homeowners association after it chased my little girl.Q: Is Ms. Diaz a member of the homeowners association?A: Yes, sir.

Q: What did the homeowners association do?A: The homeowners association passed a board resolution banning wandering

dogs in the subdivision. It warned Ms. Diaz about her dog.Q: I have here a document entitled Board Resolution No. 3, series of 2009 issued

by the Mountain View Subdivision Homeowners Association. Does thisdocument have any relation to the board resolution you mentioned?

A: Yes, it is the same document.ATTY. REYES: Your honor, we would like to have this document marked as Exhibit

1.COURT: Mark it.

ATTY. REYES: Ms. Crisostomo, did the board resolution mention any penalties forwandering dogs?A: Yes, sir. The board resolution says that wandering dogs will be caught and

thrown into the municipal dog pound.Q. Ms. Diaz says that you should be held liable for the careless way that your

carpenter parked his truck along the street. What can you say about that?A. My construction foreman assured me that the truck was properly parked in

front of our house. He followed subdivision rules when he parked the truck.Besides, if the dog was not out on its own, it would not have been killed. Luzhas only herself to blame for letting her dog roam the streets freely.

ATTY. REYES: That is all, your honor.

3. Statement of witness for defendant

COURT STAFF: State your name and personal circumstances.WITNESS: I am Gregorio Timbol, 53 years old, married and a carpenter.ATTY. REY REYES: Mr. Timbol, how long have you been working as a carpenter?A: Thirty-five (35) years, sir, for as long as I can remember.Q: On October 25, 2010, were you working on a project?A: Yes, sir.

Q: What project were you working on then?A: I was working on the renovation of Mrs. Emma Crisostomos house.Q: Was there anything unusual that happened on that day?A: Yes, sir. Mrs. Diazs dog got killed in an accident.Q: How did this accident happen?


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A: It got run over by my truck which was parked in a sloping part of the street infront of Mrs. Crisostomos house.

Q: Was the truck old?A: It was an old model, sir. I bought it second hand and had it overhauled and

repainted.

Q: How did you park the truck?A: I followed the subdivision rules, sir. I parked it in front of Mrs. Crisostomos

house and put two large rocks against the back wheels to make sure that itdoesnt roll back down the street.

Q: Mrs. Diaz says that you carelessly parked the truck. What can you say aboutthis?

A: That is not true, sir. I followed all subdivision guidelines.Q: Then why did the truck roll backwards?A: The rocks were no longer there when I took a look at the scene after the

accident happened. Someone must have removed them.

ATTY. REYES: That is all, your honor.


1. Article 694 of the Civil CodeA nuisance is any act, omission, establishment, business, condition of

property, or anything else which:(1) Injures or endangers the health or safety of others; or(2) Annoys or offends the senses; or(3) Shocks, defies or disregards decency or morality; or

(4) Obstructs or interferes with the free passage of any public highway orstreet, or any body of water; or(5) Hinders or impairs the use of property.

2. Article 695 of the Civil CodeNuisance is either public or private. A public nuisance affects a

community or neighborhood or any considerable number of persons,although the extent of the annoyance, danger or damage upon individualsmay be unequal. A private nuisance is one that is not included in theforegoing definition.

3. Article 699 of the Civil CodeThe remedies against a public nuisance are:(1) A prosecution under the Penal Code or any local ordinance: or(2) A civil action; or(3) Abatement, without judicial proceedings.

4. Article 704 of the Civil CodeAny private person may abate a public nuisance which is specially

injurious to him by removing, or if necessary, by destroying the thing whichconstitutes the same, without committing a breach of the peace, or doing

unnecessary injury. But it is necessary:(1) That demand be first made upon the owner or possessor of the

property to abate the nuisance;(2) That such demand has been rejected;


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(3) That the abatement be approved by the district health officer andexecuted with the assistance of the local police; and

(4) That the value of the destruction does not exceed three thousand pesos.

5. Article 705 of the Civil CodeThe remedies against a private nuisance are:(1) A civil action; or(2) Abatement, without judicial proceedings.

6. Article 1159 of the Civil CodeObligations arising from contracts have the force of law between the

contracting parties and should be complied with in good faith.

7. Article 2176 of the Civil CodeWhoever by act or omission causes damage to another, there being fault

or negligence, is obliged to pay for the damage done. Such fault ornegligence, if there is no pre-existing contractual relation between the parties,is called a quasi-delict and is governed by the provisions of this Chapter.

8. Article 2179 of the Civil CodeWhen the plaintiff's own negligence was the immediate and proximate

cause of his injury, he cannot recover damages. But if his negligence was onlycontributory, the immediate and proximate cause of the injury being thedefendant's lack of due care, the plaintiff may recover damages, but thecourts shall mitigate the damages to be awarded.

9. Article 2180 of the Civil CodeThe obligation imposed by Article 2176 is demandable not only for one's

own acts or omissions, but also for those of persons for whom one isresponsible.

The father and, in case of his death or incapacity, the mother, areresponsible for the damages caused by the minor children who live in theircompany.

Guardians are liable for damages caused by the minors or incapacitatedpersons who are under their authority and live in their company.

The owners and managers of an establishment or enterprise are likewiseresponsible for damages caused by their employees in the service of thebranches in which the latter are employed or on the occasion of theirfunctions.

Employers shall be liable for the damages caused by their employees andhousehold helpers acting within the scope of their assigned tasks, eventhough the former are not engaged in any business or industry.

The State is responsible in like manner when it acts through a specialagent; but not when the damage has been caused by the official to whom thetask done properly pertains, in which case what is provided in Article 2176shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall beliable for damages caused by their pupils and students or apprentices, so longas they remain in their custody.


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The responsibility treated of in this article shall cease when the personsherein mentioned prove that they observed all the diligence of a good fatherof a family to prevent damage.

10. Secosa vs. Francisco, G.R. No. 160039, June 29, 2004, 433 SCRA 273, 277When an injury is caused by the negligence of an employee, there

instantly arises a presumption that there has been negligence on the part ofthe employer, either in the selection of his employee or in the supervisionover him after his selection. The presumption may be rebutted by a clearshowing that the employer exercised the care and diligence of a good fatherof the family in the selection and supervision of his employee.

11. Philippine National Railways vs. Court of Appeals, G.R. No. 157658, October 15,2007, 536 SCRA 147, 154

Negligence is the failure to observe, for the protection of the interests of

another person that degree of care, precaution, and vigilance which thecircumstances justly demand, whereby such other person suffers injury allthat the law requires is for a person to use that care and diligence expected ofsensible men under comparable circumstances.

12. Ramos vs. C.O.L. Realty Corporation, G.R. No. 184905, August 28, 2009, 597SCRA 526, 535-536

Proximate cause is defined as that cause, which, in natural and continuoussequence, unbroken by any efficient intervening cause, produces the injury,and without which the result would not have occurred. And morecomprehensively, the proximate legal cause is that acting first and producingthe injury, either immediately or by setting other events in motion, allconstituting a natural and continuous chain of events, each having a closecausal connection with its immediate predecessor, the final event in the chainimmediately effecting the injury as a natural and probable result of the causewhich first acted, under such circumstances that the person responsible forthe first event should, as an ordinary prudent and intelligent person, havereasonable ground to expect at the moment of his act or default that an injuryto some person might probably result therefrom.


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Essay Part 2: Legal Opinion

Page 1 of 7

PART 2 LEGAL OPINION:

Below is an exchange between you and a hypothetical client. Based on theinformation given, write (1) a brief legal opinion/advice specifying the relevant factsof the case, the legal problems raised by your hypothetical client, your assessment of

the issues involved, and the possible courses of action that may be taken under thelaw; and (2) one legal document that may be used in connection with yourrecommended course of action.

Judy Ann Sanchez has come to consult you about the possibility of her bringing alawsuit against McBee as a result of the injuries she sustained after she fell from thefood chains staircase. Judy Ann brought along her daughter, Mara Clarita, to theinterview. Mara Clarita witnessed what happened. The following is your interviewwith her.

Interview with Mara Clarita Sanchez,accompanied by client, Judy Ann SanchezJanuary 10, 2011

Q: Mara, where were you on October 18, 2010?A: I was at McBee-Metropark Branch with my mother, Judy Ann.Q: Did you see your mother fall from the staircase?A: Yes.Q: What exactly happened?A: We have just ordered some spaghetti and sundaes. Since the ground floor

was already filled with people, we decided to eat at the second floor. Butwhen we reached the staircase, we found out that there was a birthday partyupstairs and it was closed to the public.

Q: So where did you eat?A: I approached a crew and asked if he could find a table for us.Q: What did he do?A: He said that the birthday party was about to end so we can go up and eat

there.Q: Did you go upstairs?A: Yes. My mother went up first.Q: What happened next?

A: On her way up, she met the McBee mascot (which was a pink bee) who washurrying down with another crew member. Since the mascot was so big, hehit my mother by the shoulder.

Q: What happened then?A: My mother lost her balance. She missed four steps and hit her head,

shoulders, back and buttocks on each step.Q: What did you when you saw your mother?A: I was shocked and temporarily rendered motionless. When I realized what

happened, I immediately rushed to my mothers side. I told the crew to callan ambulance.

Q: What did your mother do?A: She was crying. She complained of extreme back pain and could not stand up.Q: What happened next?A: The store manager approached us. She said that it would be faster if we use

her car on the way to the hospital. Two crew members carried my mother andwe brought her to the nearest hospital for treatment.


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When you asked Judy Ann what she has done so far with the case, she told youthat she asked the management of McBee-Metropark Branch to pay her P100,000 indamages for what she suffered. Although the management paid for the hospital bills,she suffered pain and was greatly inconvenienced by the weekly physical therapy she

was undergoing since the accident. When you asked about the managements responseto her demand for damages, she gave you the following letter:

December 15, 2010

Judy Ann Sanchez911 Bluewhale StreetPalanan, Makati City

Dear Ms. Sanchez:

I am writing in reference to your letter dated November 18, 2010 addressed toMs. Anna Batungbacal, Manager of the McBee-Metropark Branch. She endorsedyour letter to me as Operations Manager in charge of the McBee-MetroparkBranch.

We, at McBee-Metropark Branch are very sorry for any inconvenience yourfamily may have experienced in connection with your unfortunate accident lastOctober 18, 2010. As Ms. Batungbacal and I told you during our hospital visit onOctober 19, 2010, we truly understand how you and your family feel about theincident. We assure you that we will continue to shoulder all expenses related toyour weekly physical therapy until such time that you are fully restored to your

previous health.

Our conversation helped us understand each others situation. I hope that withthis, any past misunderstanding has been cleared up, and we can now put thisunfortunate incident behind us.

Please accept my sincerest apologies in behalf of the McBee-Metropark Branchteam. We truly hope to see you and your family in our store again.

Thank you.

Very truly yours,

McBee Foods Corporation

By:

Ted PalloneOperations Manager Metro Manila (South) Area


1. Article 2176 of the Civil CodeWhoever by act or omission causes damage to another, there being faultor negligence, is obliged to pay for the damage done. Such fault ornegligence, if there is no pre-existing contractual relation between the parties,is called a quasi-delict and is governed by the provisions of this Chapter.


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2. Article 2179 of the Civil CodeWhen the plaintiff's own negligence was the immediate and proximate

cause of his injury, he cannot recover damages. But if his negligence was onlycontributory, the immediate and proximate cause of the injury being thedefendant's lack of due care, the plaintiff may recover damages, but the

courts shall mitigate the damages to be awarded.

3. Article 2180 of the Civil CodeThe obligation imposed by Article 2176 is demandable not only for one's

own acts or omissions, but also for those of persons for whom one isresponsible.

xxx xxx xxxThe owners and managers of an establishment or enterprise are likewise

responsible for damages caused by their employees in the service of thebranches in which the latter are employed or on the occasion of their

functions.Employers shall be liable for the damages caused by their employees and

household helpers acting within the scope of their assigned tasks, eventhough the former are not engaged in any business or industry.

xxx xxx xxxThe responsibility treated of in this article shall cease when the persons

herein mentioned prove that they observed all the diligence of a good fatherof a family to prevent damage.

4. Article 1170 of the Civil Code

Those who in the performance of their obligations are guilty of fraud,negligence, or delay, and those who in any manner contravene the tenorthereof, are liable for damages.

5. Article 2202 of the Civil CodeIn crimes and quasi-delicts, the defendant shall be liable for all damages

which are the natural and probable consequences of the act or omissioncomplained of. It is not necessary that such damages have been foreseen orcould have reasonably been foreseen by the defendant.

6. Article 2203 of the Civil CodeThe party suffering loss or injury must exercise the diligence of a good

father of a family to minimize the damages resulting from the act or omissionin question.

7. Article 2214 of the Civil CodeIn quasi-delicts, the contributory negligence of the plaintiff shall reduce

the damages that he may recover.

8. Article 2215 of the Civil CodeIn contracts, quasi-contracts, and quasi-delicts, the court may equitably

mitigate the damages under circumstances other than the case referred to inthe preceding article, as in the following instances:(1) That the plaintiff himself has contravened the terms of the contract;(2) That the plaintiff has derived some benefit as a result of the contract;


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(3) In cases where exemplary damages are to be awarded, that the defendantacted upon the advice of counsel;

(4) That the loss would have resulted in any event;(5) That since the filing of the action, the defendant has done his best to lessen

the plaintiff's loss or injury.

9. Article 2216 of the Civil CodeNo proof of pecuniary loss is necessary in order that moral, nominal,

temperate, liquidated or exemplary damages, may be adjudicated. Theassessment of such damages, except liquidated ones, is left to the discretion ofthe court, according to the circumstances of each case.

10. Article 2217 of the Civil CodeMoral damages include physical suffering, mental anguish, fright, serious

anxiety, besmirched reputation, wounded feelings, moral shock, social

humiliation, and similar injury. Though incapable of pecuniary computation,moral damages may be recovered if they are the proximate result of thedefendant's wrongful act for omission.

11. Article 2219 of the Civil CodeMoral damages may be recovered in the following and analogous cases:xxx xxx xxx

(2) Quasi-delicts causing physical injuries;xxx xxx xxx

12.

Article 2221 of the Civil CodeNominal damages are adjudicated in order that a right of the plaintiff,which has been violated or invaded by the defendant, may be vindicated orrecognized, and not for the purpose of indemnifying the plaintiff for any losssuffered by him.

13. Article 2229 of the Civil CodeExemplary or corrective damages are imposed, by way of example or

correction for the public good, in addition to the moral, temperate, liquidatedor compensatory damages.

14. Article 2231 of the Civil CodeIn quasi-delicts, exemplary damages may be granted if the defendant

acted with gross negligence.

15. Jarco Marketing Corporation v. Court of Appeals, G.R. No. 129792, December 21,1999, 321 SCRA 375

An accident pertains to an unforeseen event in which no fault ornegligence attaches to the defendant. It is "a fortuitous circumstance, event orhappening; an event happening without any human agency, or if happeningwholly or partly through human agency, an event which under the

circumstances is unusual or unexpected by the person to whom it happens."On the other hand, negligence is the omission to do something which a

reasonable man, guided by those considerations which ordinarily regulate theconduct of human affairs, would do, or the doing of something which aprudent and reasonable man would not do. Negligence is "the failure to


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observe, for the protection of the interest of another person, that degree ofcare, precaution and vigilance which the circumstances justly demand,whereby such other person suffers injury."

Accident and negligence are intrinsically contradictory; one cannot existwith the other. Accident occurs when the person concerned is exercising

ordinary care, which is not caused by fault of any person and which could nothave been prevented by any means suggested by common prudence.

16. Child Learning Center, Inc. v. Tagorio, G.R. No. 150920, November 25, 2005, 476SCRA 236

The doctrine of res ipsa loquitorapplies where (1) the accident was of suchcharacter as to warrant an inference that it would not have happened exceptfor the defendant's negligence; (2) the accident must have been caused by anagency or instrumentality within the exclusive management or control of theperson charged with the negligence complained of; and (3) the accident must

not have been due to any voluntary action or contribution on the part of theperson injured.

17. Philippine National Construction Corporation v. Court of Appeals, G.R. No.159270, August 22, 2005, 467 SCRA 569

The test for determining whether a person is negligent in doing an actwhereby injury or damage results to the person or property of another is this:could a prudent man, in the position of the person to whom negligence isattributed, foresee harm to the person injured as a reasonable consequence ofthe course actually pursued? If so, the law imposes a duty on the actor to

refrain from that course or to take precautions to guard against itsmischievous results, and the failure to do so constitutes negligence.Reasonable foresight of harm, followed by the ignoring of the admonitionborn of this provision, is always necessary before negligence can be held toexist.

18. Saludaga v. Far Eastern University, G.R. No. 179337, April 30, 2008, 553 SCRA741

In order forforcemajeure to be considered, respondents must show that nonegligence or misconduct was committed that may have occasioned the loss.An act of God cannot be invoked to protect a person who has failed to takesteps to forestall the possible adverse consequences of such a loss. One'snegligence may have concurred with an act of God in producing damage andinjury to another; nonetheless, showing that the immediate or proximatecause of the damage or injury was a fortuitous event would not exempt onefrom liability. When the effect is found to be partly the result of a person'sparticipation - whether by active intervention, neglect or failure to act - thewhole occurrence is humanized and removed from the rules applicable toacts of God.

19. Philippine National Construction Corporation v. Court of Appeals, G.R. No.

159270, August 22, 2005, 467 SCRA 569Contributory negligence is conduct on the part of the injured party,

contributing as a legal cause to the harm he has suffered, which falls belowthe standard to which he is required to conform for his own protection.


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23. B.F. Metal (Corporation) v. Lomotan, G.R. No. 170813, April 16, 2008, 551 SCRA618

Exemplary or corrective damages are imposed, by way of example orcorrection for the public good, in addition to moral, temperate, liquidated orcompensatory damages. Exemplary damages cannot be recovered as a matter

of right; the court will decide whether or not they should be adjudicated. Inquasi-delicts, exemplary damages may be granted if the defendant acted withgross negligence. While the amount of the exemplary damages need not beproved, the plaintiff must show that he is entitled to moral, temperate orcompensatory damages before the court may consider the question ofwhether or not exemplary damages should be awarded.


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Page 1 of 6

PART 2 LEGAL OPINION:

Below is an exchange between you and a hypothetical client. Based on theinformation given, write (1) a brief legal opinion/advice specifying the relevant factsof the case, the legal problems raised by your hypothetical client, your assessment of

the issues involved, and the possible courses of action that may be taken under thelaw; and (2) one legal document that may be used in connection with yourrecommended course of action.

Melanie P. Gamboa seeks your advice on the possibility of changing the surnameof her niece, 16-year old Paula P. Cortes, who was placed under her care by her sister,Maricel Perez, who is currently in the U.S. working as a nurse. The following is yourinterview with Melanie P. Gamboa:

Q: Melanie, tell me something about yourself first, your personal circumstances.

A: I am Melanie Perez Gamboa, 40 yrs old, married with an 8-year old son. I liveat 35 Craig St., Sampaloc, Manila. I work as the assistant manager for a bank.Q: You said that your sister wants to change the surname of her daughter. What

is her name? Where is your sister now?A: My sister is Maricel Abrogar Perez. She is now in the United States, working

as a nurse, so she asked me to seek legal assistance for her.Q: How old is she?A: She is 35 yrs old.Q: How long has she worked in the US?A: She has been working there for ten years already, since 2000.Q: Is she married?A: No, she is not.Q: But she has a daughter?A: Yes, her daughter is my niece, Paula Perez Cortes, and she is now 16 years

old.Q: When was Paula born?A: November 15, 1994.Q: Who is Paulas father?A: Her father is William Cortes, Maricels boyfriend back in college. He got her

pregnant while they were in their third year of college.Q: Is Paula living with you now?

A: Yes, ever since Maricel went to the US in 2000. I have been her guardian sincethen.

Q: What happened when Maricel became pregnant?A: William Cortes told her they cant get married yet because they were still

young and had to finish college first. But he said he will give support. Hedid, while Maricel was pregnant and after she gave birth. William paid thebills for Maricels check-up while she was pregnant. He also paid for morethan half of the hospitalization expenses when Maricel gave birth. He paidfor the babys medical check-ups and vaccination. Sometimes, he would giveadditional money for baby formula and diapers or he would buy them

himself. He would also visit Maricel and the baby almost every day. He waseven present at the christening.

Q: During this time, was Maricel still in college?A: While she was pregnant, yes, but after she gave birth, she took a leave of

absence for one semester. She could not simultaneously concentrate on herstudies while taking care of Paula.


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Q: How about William?A: He continued his studies. He did not take any leave of absence.Q: So he gave support while Maricel was pregnant and after she gave birth?A: Yes, but after Paulas first birthday, William returned to his province in

Zamboanga. By then, William had already graduated from his Management

course, and he said that he was looking into expanding his uncles business inthe province. He said he will return to Manila, but he never did. Since then,he has not sent anything for Paulas support.

Q: So from the time he left for Zamboanga, he never gave support?A: Well, for around a year from the time he left for Zamboanga, he still managed

to send some money for Paula but it was not consistent. He even sent Paula aletter and gift via LBC for her second birthday, saying that he was sorry thathe was not there for her birthday. That was the last time we heard from him.

Q: Do you still have any communication with him?A: No more. After he went to Zamboanga, he would call around once a week,

then later once or twice a month, then about a year from the time he left, wenever heard from him anymore. We tried calling him on the phone, but thepeople we talked to would tell us that he was not there. We also sent letters,but we never got any replies. Were no longer sure if he has the sameaddress.

Q: How did Maricel take care of Paula without Williams support?A: My parents and I helped Maricel take care of Paula, especially since she was

still studying. We pitched in. After she graduated, she worked for a while ina private hospital and was later able to find work in the US as a nurse.

Q: So basically, Paula grew up never knowing her father?

A: Yes.Q: But she carries his surname?A: Yes. It is in her birth certificate. William is indicated as the father.Q: Who supplied the information in the birth certificate?A: It was Maricel, but William was also there. He was there when Maricel gave

birth, and when hospital personnel came to ask for information for Paulasbirth registration. William was at the hospital everyday until Maricel andPaula were discharged.

Q: So in all of Paulas official records, she carries Williams surname and Williamis identified as her father?

A: Yes. All her school records state that.Q: What does Maricel now want to do with Paulas surname?A: She wants Paulas surname to be changed from Cortes to Perez because she

intends to petition Paula to the US and the change in name would facilitatethe process. Paula would be easily identified as her daughter. Also, Mariceldoes not want Paula to have anything to do with William anymore since heabandoned his own child.

Q: How does Paula feel about the change of name?A: She is okay with it, because she never knew William. Even to this day, she

still gets asked why she has a different surname from that of her mother andit embarrasses her to tell the reason why. This is also one of the reasons why

Maricel wants to change Paulas surname.


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1. Article 165 of the Family CodeChildren conceived and born outside a valid marriage are illegitimate,

unless otherwise provided in this Code.

2. Article 176 of the Family CodeIllegitimate children shall use the surname and shall be under the parental

authority of their mother, and shall be entitled to support in conformity withthis Code. However, illegitimate children may use the surname of theirfather if their filiation has been expressly recognized by their father throughthe record of birth appearing in the civil register, or when an admission in apublic document or private handwritten instrument is made by the father.Provided, the father has the right to institute an action before the regularcourts to prove non-filiation during his lifetime. The legitime of each

illegitimate child shall consist of one-half of the legitime of a legitimate child.

3. Article 194 of the Family CodeSupport comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping withthe financial capacity of the family.

The education of the person entitled to be supported referred to in thepreceding paragraph shall include his schooling or train for some profession,trade or vocation, even beyond the age of majority. Transportation shallinclude expenses in going to and from school, or to and from place of work.

4. Article 195 of the Family CodeSubject to the provisions of the succeeding articles, the following are

obliged to support each other to the whole extent set forth in the precedingarticle:

(1) The spouses;(2) Legitimate ascendants and descendants;(3) Parents and their legitimate children and the legitimate and

illegitimate children of the latter;(4) Parents and their illegitimate children and the legitimate and

illegitimate children of the latter;

(5) Legitimate brothers and sisters, whether of the full or half-blood.

5. Article 203 of the Family CodeThe obligation to give support shall be demandable from the time the

person who has a right to receive the same needs it for maintenance, but itshall not be paid except from the date of judicial or extrajudicial demand.

Supportpendent lite may be claimed in accordance with the Rules of Court.Payment shall be made within the first five days of each corresponding

month. When the recipient dies, his heirs shall not be obliged to return whathe has received in advance.


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6. Rule 103 (of the Rules of Court) Change of NameSec. 1. Venue.A person desiring to change his name shall present thepetition to the Court of First Instance of the province in which he resides, or,in the City of Manila, to the Juvenile and Domestic Relations Court.

Sec. 2. Contents of petition.A petition for change of name shall be signed andverified by the person desiring his name changed, or some other person onhis behalf, and shall set forth:

(a) That the petitioner has been a bona fide resident of the province wherthe petition is filed for at least three (3) years prior to the date of suchfiling;

(b) The cause for which the change of the name of the petitioners nameis sought;

(c) The name asked for.Sec. 3. Order for hearing.If the petition filed is sufficient in form andsubstance, the court, by an order reciting the purpose of the petition, shall fixa date and place for the hearing thereof, and shall direct that a copy of theorder be published before the hearing at least once a week for three (3)consecutive weeks in some newspaper of general circulation published in theprovince, as the court shall deem best. The date set for the hearing shall notbe within thirty (30) days prior to an election nor within four (4) months afterthe last publication of the notice.

Sec. 4. Hearing.Any interested person may appear at the hearing andoppose the petition. The Solicitor General or the proper provincial or cityfiscal shall appear on behalf of the Government of the Republic.

Sec. 5. Judgment.Upon satisfactory proof in open court on the date fixed inthe order that such order has been published as directed and that theallegations of the petition are true, the court shall, if proper and reasonablecause appears for changing the name of the petitioner, adjudge that suchname be changed in accordance with the prayer of the petition.

Sec. 6. Service of judgment.Judgments or orders rendered in connection withthis rule shall be furnished the civil registrar of the municipality or city wherethe ort issuing the same is situated, who shall forthwith enter the same in thecivil register.

7. In Re: Petition for Change of Name and/or Correction of Entry in the Civil Registryof Julian Lin Carulasan Wang, G.R. No. 159966, March 30, 2005, 454 SCRA 155

Before a person can be authorized to change his name given him either inhis certificate of birth or civil registry, he must show proper or reasonablecause, or any compelling reason which may justify such change. The

touchstone for the grant of a change of name is that there be proper andreasonable cause for which the change is sought. To justify a request forchange of name, petitioner must show not only some proper or compellingreason therefore but also that he will be prejudiced by the use of his true andofficial name. Among the grounds for change of name which have been held


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valid are: (a) when the name is ridiculous, dishonorable or extremely difficultto write or pronounce; (b) when the change results as a legal consequence, asin legitimation; (c) when the change will avoid confusion; (d) when one hascontinuously used and been known since childhood by a Filipino name, andwas unaware of alien parentage; (e) a sincere desire to adopt a Filipino name

to erase signs of former alienage, all in good faith and without prejudicinganybody; and (f) when the surname causes embarrassment and there is noshowing that the desired change of name was for a fraudulent purpose orthat the change of name would prejudice public interest.

8. Concepcion v. Court of Appeals,G.R. No. 123450, August 31, 2005, 468 SCRA 438Jurisprudence teaches that a birth certificate to be considered as validating

proof of paternity and as an instrument of recognition, must be signed by thefather and mother jointly or by the mother alone if the father refuses.

9. Concepcion v. Court of Appeals, G.R. No. 123450, August 31, 2005, 468 SCRA438The law, reason and common sense dictate that a legitimate status is more

favorable to the child. In the eyes of the law, the legitimate child enjoys apreferred and superior status. He is entitled to bear the surnames of both hisfather and mother, full support and full inheritance. On the other hand, anillegitimate child is bound to use the surname and be under the parentalauthority only of his mother. He can claim support only from a more limitedgroup and his legitime is only half of that of his legitimate counterpart.Moreover (without unwittingly exacerbating the discrimination against him),

in the eyes of society, a 'bastard is usually regarded as bearing a stigma ormark of dishonor.

10. Republic v. Capote, G.R. No. 157043, February 2, 2007, 514 SCRA 76An illegitimate child whose filiation is not recognized by the father bears

only a given name and his mother surname, and does not have a middlename. The name of the unrecognized illegitimate child therefore identifieshim as such. It is only when the illegitimate child is legitimated by thesubsequent marriage of his parents or acknowledged by the father in a publicdocument or private handwritten instrument that he bears both his motherssurname as his middle name and his fathers surname as his surname,reflecting his status as a legitimated child or an acknowledged child. Theforegoing discussion establishes the significant connection of a persons nameto his identity, his status in relation to his parents and his successional rightsas a legitimate or illegitimate child. For sure, these matters should not betaken lightly as to deprive those who may, in any way, be affected by theright to present evidence in favor of or against such change.

11. Republic v. Capote, G.R. No. 157043, February 2, 2007, 514 SCRA 76An illegitimate child never recognized by his father is entitled to change

his namea change of name will erase the impression that he was ever

recognized by his father. It is also to his best interest as it will facilitate hismothers intended petition to have him join her in the US. This Court will notstand in the way of the reunification of mother and son.


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12. Sy v. Court of Appeals, G.R. No. 124518, December 27, 2007, 541 SCRA 371Support must be demanded and the right to it established before it

becomes payable, for the right to support does not arise from the mere fact ofrelationship, even from the relationship of parents and children, but fromimperative necessity without which it cannot be demanded, and the law

presumes that such necessity does not exist unless support is demanded.

13. Dela Cruz v. Gracia, G.R. No. 177728, July 31, 2009, 594 SCRA 648The Court sees it fit to adopt the following rules respecting the

requirement of affixing the signature of the acknowledging parent in anyprivate handwritten instrument wherein an admission of filiation of alegitimate or illegitimate child is made: 1) Where the private handwritteninstrument is the lone piece of evidence submitted to prove filiation, thereshould be strict compliance with the requirement that the same must besigned by the acknowledging parent; and 2) Where the private handwritten

instrument is accompanied by other relevant and competent evidence, itsuffices that the claim of filiation therein be shown to have been made andhandwritten by the acknowledging parent as it is merely corroborative ofsuch other evidence.

memorandum part of bar exam

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