100%(1)100% fanden dieses Dokument nützlich (1 Abstimmung)
819 Ansichten2 Seiten
Plaintiff Celia De Leon filed a civil case against defendant Laura Casal for damages claiming that Casal falsely accused her of stealing jewelry in front of others at a hotel. Casal denied this in her answer and counterclaimed for attorney's fees. After trial, the lower court found Casal liable and ordered her to pay De Leon damages. Casal appealed the decision to the higher court, arguing it was contrary to law and evidence.
Originalbeschreibung:
This sample Statement of the Case is taken from the Fundamentals in Legal Writing by Abad.
Plaintiff Celia De Leon filed a civil case against defendant Laura Casal for damages claiming that Casal falsely accused her of stealing jewelry in front of others at a hotel. Casal denied this in her answer and counterclaimed for attorney's fees. After trial, the lower court found Casal liable and ordered her to pay De Leon damages. Casal appealed the decision to the higher court, arguing it was contrary to law and evidence.
Plaintiff Celia De Leon filed a civil case against defendant Laura Casal for damages claiming that Casal falsely accused her of stealing jewelry in front of others at a hotel. Casal denied this in her answer and counterclaimed for attorney's fees. After trial, the lower court found Casal liable and ordered her to pay De Leon damages. Casal appealed the decision to the higher court, arguing it was contrary to law and evidence.
Plaintiff-appellee Celia De Leon filed a civil action against defendant-appellant Laura Casal for damages before the Regional Trial Court of Manila where it was docketed as Civil Case No. 45678 Plaintiff De Leon alleged in her complaint that on March 10 at Hotel Intercontinental, in the presence of a certain Ms. Rita Young and other persons, defendant Casal maliciously, recklessly, or in bad faith injured her good name and business reputation by accusing her of stealing her jewelry and that in making the accusation, defendant Casal allegedly stated: Ikaw lang ang lumabas ng kwarto kanina. Nasaan ang dala mong bag? Saan ka pumunta? Ikaw lang ang lumabas ng kuwarto; ikaw ang kumuha. Plaintiff De Leon further alleged that the above statements were false, untrue, and malicious, made by defendant Casal, knowing at the time she uttered them that they were false and untrue; that she uttered them with actual malice and ill will which caused the dishonour, discredit, and contempt of plaintiff De Leon; that because of the accusation, plaintiff De Leon was bodily searched, her bag and car were also searched, and these were seen and witnessed by her friends, acquaintances, and the general public. Plaintiff De Leon likewise alleged that all the above acts committed against her were instigated and initiated by defendant Casal with actual malice and ill will, causing her dishonour and placing her in public contempt. After summons was served on the defendant Casal, she filed an answer with counterclaim. She denied plaintiff De Leons charge, claiming that at no time was the latter singled out for confrontation or investigation much less did defendant Casal accuse her or utter the subject remarks. For filing a malicious suit against her, defendant Casal sought payment of attorneys fees by plaintiff De Leon. Later, the lower court set the case for pre-trial conference. Both parties filed their respective pre-trial briefs in compliance with an order of the lower court that calendared the case for pre-trial conference. The pre-trial conference having been terminated, trial commenced with plaintiff De Leon testifying, followed by corroborating witnesses. During defendant Casals turn to present evidence, she had no witness but herself. The lower court rendered a decision dated August 21 holding defendant Casal liable for publicly maligning plaintiff De Leon and ordering the former to pay the latter actual and moral damages. Considering that the decision was contrary to law and the evidence, defendant Casal appealed from it to this Honorable Court. (Suggested) Statement of the Case Plaintiff-appellee Celia De Leon filed a complaint for damages against defendant-appellant Laura Casal before the Regional Trial Court of Manila in Civil Case 45678 for falsely accusing her of stealing Casals jewelry. Casal denied this charge in her answer and asserted a counterclaim for attorneys fees against De Leon for having filed an unjustified suit. After trial, the lower court rendered a decision, holding defendant Casal liable in actual and moral damages for maligning De Leon. This prompted the latter to appeal the decision to this Court.
Source: Fundamentals of Legal Writing by Abad & Abad-Gamo