specpro midterms

8/12/2019 Specpro Midterms

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UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW

Baguio City

Prepare the petition, deed, or pleading necessary to protect the interests of your clients,

observing the proper form prescribed by law. Explain why you chose the remedy that you

chose. Email your petitions, deeds, or pleadings to [email protected].

Genoveva Alag got married to Pedro Sanchez on December 3, 1950 at Anda,

Pangasinan. They settled down in Anda where they were able to acquire a parcel of land with

an area of 4 hectares (Assessed value:P24,000.00) and covered by Transfer Certificate of Title

No. T - 45678 in their names. Genoveva and Pedro had 4 children, namely: Russell (born

September 11, 1952), Keith (born December 23, 1954), Allan (born February 12, 1956), and

Pepito, (born November 27, 1961) who was born with severe cerebral palsy making him unable

to fend for himself.

Pedro died on June 19, 1979 in Anda, Pangasinan. On the day that Pedro was interred,

his brother Michael disclosed that Pedro actually left a holographic will with him sometime in

1975. Michael claims that he kept the will inside the hollow part of one of the bamboo poles

propping up his small nipa hut. Unfortunately, the will was eaten by termites. While he may

have lost the will, Michael assures the heirs of Pedro that he can still vividly recall all the things

which his brother wrote because they discussed it thoroughly. As Michael recalls, Pedro stated

that all his compulsory heirs would inherit his share of the Anda property in equal shares. He

likewise designated his brother Michael as trustee to hold and manage Pepito’s share of theAnda property to ensure that the latter would be well provided for for the rest of his life.

Unfortunately, nobody believed Michael since nobody else saw the will.

Having lost the love of her life, Genoveva likewise lost her zest for life. She decided to

leave Anda because everywhere she looked, she was reminded of her beloved. She dies a

thousand deaths each time she realizes that her husband was no longer there to scratch her

back, to wash her clothes, and to cook her food. Before she left for Baguio City, Genoveva

gathered her four children and told them that they will have a hectare each of the Anda

property, leaving Pepito and his share of the property under the care of Allan. As has been the

practice in those times, no transfer of title was made as the arrangement was based on trust.

After wandering aimlessly through the streets of Baguio City, Genoveva was seen by her

old flame, Ben Ilao, sometime in 1980. With the help of Mr. Ilao, life became brighter for

Genoveva. They got married on April 1, 1981. They resided here in Baguio where they were

able to acquire a house (Assessed value: P13,400.00) and lot (Assessed value: P5000.00 ) at

No. 23 Aurora Hill, Baguio City sometime in 1982. They had two children, Ben Jr. (born February

3, 1982) and Jack (born October 24, 1984). Ben Sr. died intestate on March 25, 1999.



Genoveva died intestate ten years later on May 24, 2009 after being bedridden for three

years. With Genoveva’s death were born several conflicts between and among her children

from the first and second nuptials.

A. Russell Alag Sanchez is the most docile of all the siblings. All he wants is to be able to

have a certificate of title in his name over his one-hectare portion of the Anda property. Beingthe eldest of the children, he does not want to sow discord among the siblings so he asks you

for the most peaceful means of accomplishing what he wishes.

You are now representing Russell. Prepare whatever you deem is best to give what your

client wants.

extra-judicial settlement of estate

B. Pepito Alag Sanchez got wind of the fact that the Aurora Hill house was actually being

rented out by Ben Jr. and Jack for P20,000.00 a month. He has copies of the receipts to prove

such income. As a child of Genoveva, he wants to have a share in the Aurora Hill property. He

does not agree with his brother Russell about maintaining peace in the family.

You are now representing Pepito. Prepare whatever you deem is best to give what your

client wants.

petition for judicial partition

C. Ben Jr. has been the one administering the Aurora Hill property since his mother

became ill in 2005. He claims that he has the right to continue managing the property

considering that he is the elder of the two Ilao children.

You are now representing Ben Jr. Prepare whatever you deem is best to give what yourclient wants.

D. After Ben filed a petition for the issuance of letters of administration to him, Jack

claims that Ben Jr. is not fit to manage the property because he has been misusing the rents

collected therefrom. Instead of using the rents to buy medicines for their mother, Ben Jr.

squandered the money on women and booze. In fact, Ben Jr. has failed to pay the loan of

P500,000.00 which he acquired from their mother during her lifetime. Jack has a promissory

note signed by Ben Jr. to prove the unpaid loan. However, since Jack does not have any hint as

to how to manage the Aurora Hill property, he just wants to co-manage the property with Ben

Jr.You are now representing Jack. Prepare whatever you deem is best to give what your

client wants.

E. Michael feels guilty that because of his carelessness, Pepito was reduced to a beggar

while his brothers enjoyed the Anda property. Since the said property is now in a commercial

area, Michael wants to manage Pepito’s share so he could take care of the latter. He insists on

the existence of the will.



You are now representing Michael. Prepare whatever you deem is best to give what

your client wants.

F. John, the youngest brother of Pedro, visited Anda after staying in Melbourne for the

past 60 years. His heart wept when he saw the sorry state of Pepito, roaming the streets ofAnda and living off alms. John wants to adopt Pepito because once he becomes his legitimate

son, he will become an Australian citizen entitling him to support from the Australian

government because of his condition. Moreover, Pepito can also avail of survivorship benefits

in case of John’s demise. John is 72 years old, unmarried, and a dual citizen of both Australia

and the Philippines.

You are now representing John. Prepare whatever you deem is best to give what your

client wants.

guardianship

It is nice to work on your own once in a while. It gives you a real picture of your own strengths so youcan enhance them, and weaknesses so

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