I have always dreamed of becoming a lawyer. Back in 1997 when I finally got a chance to read a newspaper article about lady bar topnotcher whose last name is Fernandez from UP College of Law (which I saw from wikipedia her first name to be Cecilia), I got myself so engrossed to the idea that soon, I will make it to Law School. The circumstance of my life back then denied me that opportunity. I just have to finally write it down here because in just a short while, I too will be hurdling that dreaded,...

Cordillera Regional Assembly Members vs. COMELECG.R. No 93054, December 4, 1990FACTS: On January 30, 1990, the people of the provinces of Benguet, Mountain Province, Ifugao, Abra and Kalinga Apayao and the City of Baguio cast their votes in a plebiscite hold pursuant to RA 6766. The creation of the Region was approved by the voters of the province of Ifugao but overwhelmingly rejected by the rest of the provinces and city mentioned.ISSUE: Whether or not the province of Ifugao can, alone, legally...

PART I IPrepare the following: Verification and Certification against Forum Shopping. (5%) Petition for Letters Rogatory. (5%)IIEnumerate the instances when a Notary Public may authenticate documents without requiring the physical presence of the signatories. (2%)IIIAtty. Y, in his Motion for Reconsideration of the Decision rendered by the National Labor Relations Commission (NLRC), alleged that there was connivance of the NLRC Commissioners with Atty. X for monetary considerations in arriving at...

PART IIOn March 12, 2008, Mabini was charged with Murder for fatally stabbing Emilio.To prove the qualifying circumstance of evident premeditation, the prosecution introduced on December 11, 2009 a text message, which Mabini’s estranged wife Gregoria had sent to Emilio on the eve of his death, reading: “Honey, pa2tayin u ni Mabini. Mtgal n nyang plano i2. Mg ingat u bka ma tsugi k.”A. A subpoena ad testificandum was served on Gregoria for her to be presented for the purpose of identifying her cellphone...

Padilla vs. COMELECFACTS: Pursuant to RA 7155, creating the Municipality of Tulay na Lupa in the province of Camarines Norte to be composed of Barangays Tulay-naLupa, Lugui, San Antonio, Mabilo I, Napaod, Bayan-bayn, Mataulang, Pag-asa, Maot, and Calabasa, all in the Municipalty of Labo, some province, COMELEC scheduled a plebiscite was conducted throughout the municipality of Labo and majority voted against the creation of the Municipality of Tulay-na-Lupa. Petitioner prayed that the plebiscite...

Basco et al vs. PAGCORG.R. No. 91649 May 14, 1991FACTS: PD 1869 is the charter which created the Philippine Amusement and Gaming Corporation. PAGCOR was created to enable the government to regulate and centralize all games of chance authorized by existing franchise or permitted by law. Section 13 par 2 of the decree exempts PAGCOR, franchise holder from paying any “tax of any kind or form, income or otherwise… whether national or local”. According to the petitioners, this waived the Manila City...

TAN vs. COMELECFACTS: Pursuant to BP Blg 885, COMELEC scheduled a plebiscite on January 3, 1986 for the approval or repeal of a New Province in Negros: The plebiscite confined only to the inhabitants of the territory, namely: Cities of Silay, Cadiz and San Carlos and the municipalities of Calatrava, Taboso, Escalante, Sagay, Manapla, Victorias, E.B. Magalona and Don Salvador Benedicto. The voters from the rest of the province of Negros Occidental were excluded. The new province will comprise 4,019.95...

Law on SuccessionAZNAR vs GARCIAGRN L. 16749 January 31, 1963FACTS: On September 14, 1949 Judge Cusi approved the final accounts of the executor directing the executor to reimburse Maria Lucy Christensen the amount of 3,600 paid by her to Helen Christensen Garcia as her legacy and declared Maria Lucy Christensen entitled to the residue of the property to be enjoyed during her lifetime, and in case of death, issue one half of said residue to Mrs. Carrie Louise C. Borton, in accordance with the...

PART I I An agonizing and protracted trial having come to a close, the judge found A guilty beyond reasonable doubt of homicide and imposed on him a straight penalty of SIX (6) YEARS and ONE (1) DAY of prision mayor. The public prosecutor objected to the sentence on the ground that the proper penalty should have been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal. The defense counsel chimed in, contending that application of the Indeterminate Sentence Law should lead to the imposition of a...

IBriefly describe the following types of banks: (2% each)A. universal bankB. commercial bankC. thrift bankD. rural bankE. cooperative bankIIA. How do you characterize the legal relationship between acommercial bank and its safety deposit box client? (2%)B. Is a stipulation in the contract for the use of a safety depositbox relieving the bank of liability in connection with the usethereof valid? (2%)C. Differentiate “bank deposits” from “deposit substitutes.”(2%)D. Why are banks required to maintain...

RELLOSA vs. PELLOSISGR # 138964 Aug 9, 2001FACTS: Respondents were lessees of a panel of land owned by Marta Reyes located at San Pascual St., Malate, Manila. After the demise of Marta, Victor Reyes, her son, inherited the land. Victor informed the respondents that they would have a right of first refusal to buy the land. In 1989, without the knowledge of respondents, the land was sold to petitioner Cynthia Ortega who was able to ultimately secure title to the property in her name. On May 25,...

PILAPIL vs. IBAY SOMERAFACTS: On September 7, 1979, Imelda Manalaysay Pilapil, a Filipina and Erich Geiling were married at Friedenweiler in the Federal Republic of Germany. After about three and a half years of marriage, Geiling initiated a divorce proceeding against Pilapil in Germany in January 1983. Pilapil, petitioner, on the other hand, filed an action for legal separation, support and separation of property before RTC of Manila on January 23, 1983 where it is still pending as a civil case....

PART I ITrue or False.A. In civil cases involving the collection of internal revenue taxes, prescription is construed strictly against the government and liberally in favor of the taxpayer. (1%)B. In criminal cases involving tax offenses punishable under the National Internal Revenue Code (NIRC), prescription is construed strictly against the government. (1%)C. In criminal cases where the Court of Tax Appeals (CTA) has exclusive original jurisdiction, the right to file a separate civil action for...

PART I ITrue or False.A. In civil cases involving the collection of internal revenue taxes, prescription is construed strictly against the government and liberally in favor of the taxpayer. (1%)B. In criminal cases involving tax offenses punishable under the National Internal Revenue Code (NIRC), prescription is construed strictly against the government. (1%)C. In criminal cases where the Court of Tax Appeals (CTA) has exclusive original jurisdiction, the right to file a separate civil action for...

True or False.A. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may re-marry by proving only that the foreign spouse has obtained a divorce against her or him abroad. (1%)B. X, a widower, died leaving a will stating that the house and lot where he lived cannot be partitioned for as long as the youngest of his four children desires to stay there. As co- heirs and co-owners, the other three may demand partition anytime. (1%)IIMultiple choice.A....