Month: January 2019

— Civil Law —

Te v. Te G.R. No. 161793 February 13, 2009 Psychological Incapacity

January 29, 2019

FACTS: Petitioner Edward and respondent Rowena met and became sweethearts while they were in college . Around three months after their first meeting, Rowena asked Edward to elope. Petitioner provided their travel money and Rowena purchased the boat ticket to Cebu. Their money  eventually ran out and they decided to go back to Manila. Rowena… Read More Te v. Te G.R. No. 161793 February 13, 2009 Psychological Incapacity

— Banking, Mercantile Law —

TIBAJIA v. CA G.R. No. 100290 June 4, 1993 Legal Tender, Cashier’s Check

January 27, 2019

  FACTS: A suit for collection of a sum of money filed by Eden Tan against petitioners, Tibajia spouses. A writ of attachment was issued, and the Deputy Sheriff filed a return stating that a deposit made by the Tibajia spouses in the RTC of Kalookan City in the amount of P442,750.00 in another case,… Read More TIBAJIA v. CA G.R. No. 100290 June 4, 1993 Legal Tender, Cashier’s Check

— Bar Q & A, Legal Ethics —

2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

January 23, 2019

I. Define the following terms: (4%) (A) counsel de oficio (B) counsel de parte (C) amicus curiae (D) attorney of record SUGGESTED ANSWER (A) counsel de officio – a lawyer appointed by the court to represent a party who cannot afford to secure a lawyer to represent him in a case. (B) counsel de parte… Read More 2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

— Civil Law, Special Proceedings —

FULE vs. CA G.R. No. L-40502 November 29, 1976 Succession, Appointment of Special Administrator, Residence

January 20, 2019

  FACTS:   Virginia G. Fule filed a petition for letters of administration, alleging Amado G. Garcia died intestate, leaving real estate and personal properties. She moved ex parte for her appointment as special administratrix over the estate. Judge Malvar granted the motion. Preciosa B. Garcia filed an MR contending that the order appointing Virginia… Read More FULE vs. CA G.R. No. L-40502 November 29, 1976 Succession, Appointment of Special Administrator, Residence

— Civil Law, Special Proceedings —

CAYETANO vs. LEONIDAS G.R. No. L-54919    May 30, 1984 Jurisdiction of the Probate Court, Succession

January 19, 2019

  FACTS:   This is a petition for review on certiorari, seeking to annul the order of the respondent judge of the CFI of Manila, which admitted to and allowed the probate of the last will and testament of Adoracion C. Campos, after an ex-parte presentation of evidence by herein private respondent. Adoracion C. Campos… Read More CAYETANO vs. LEONIDAS G.R. No. L-54919    May 30, 1984 Jurisdiction of the Probate Court, Succession

— Special Proceedings —

CUA vs. VARGAS G.R. No. 156536 October 31, 2006 Rule 74, Extrajudicial Settlement

January 19, 2019

  FACTS: A parcel of residential land was left behind by the late Paulina Vargas. A notarized Extra Judicial Settlement Among Heirs was executed by and among the heirs, partitioning and adjudicating unto themselves the lot in question and was published for 3 weeks. An Extra Judicial Settlement Among Heirs with Sale was again executed… Read More CUA vs. VARGAS G.R. No. 156536 October 31, 2006 Rule 74, Extrajudicial Settlement

— Constitutional Law —

Local Government Code/ Public Corporation Law Case Digests

January 17, 2019

SAMSON v. AGUIRRE G.R. No. 133076 September 22, 1999   FACTS: RA 8535 was signed into law creating the City of Novaliches out of 15 barangays of Quezon City. Petitioner Moises Samson, incumbent councilor of the first district of Quezon City, challenged the constitutionality of Republic Act No. 8535 and sought to enjoin its implementation,… Read More Local Government Code/ Public Corporation Law Case Digests

— Banking, Bar Q & A, Corporation Law, Insurance, Mercantile Law —

2015 Bar Exam Suggested Answers in Mercantile Law by the UP Law Complex

January 13, 2019

  I. (A) Nadine has a checking account with Fair & Square Bank. One day, she lost her checkbook and the finder was able to forge her signature and encash the forged check. Will Nadine be able to recover the amount debited from her checking account from Fair & Square Bank? Justify your answer. (3%)… Read More 2015 Bar Exam Suggested Answers in Mercantile Law by the UP Law Complex

— Bar Q & A, Labor Law —

2014 Bar Exam Suggested Answers in Labor Law by the UP Law Complex

January 10, 2019

  LABOR LAW   I. Linda was employed by Sectarian University (SU) to cook for the members of a religious order who teach and live inside the campus. While performing her assigned task, Linda accidentally burned herself. Because of the extent of her injuries, she went on medical leave. Meanwhile, SU engaged a replacement cook.… Read More 2014 Bar Exam Suggested Answers in Labor Law by the UP Law Complex