Mark Howell L.

Esguerra
Final Examination
Legal Forms

Answers:

PART I: What are the grounds for the annulment or nullity of marriage?

The following are the grounds for the Judicial Declaration of nullity of marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized without the consent
of the parents, guardian or person having substitute parental authority over the party, in that
order, unless after attaining the age of twenty-one, such party freely cohabited with the other and
both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband
and wife;

(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter freely cohabited
with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable.

PART II: Differentiate between a negative and affirmative defense

According to the section VI of the Rules of court an affirmative defense is an allegation

of new matter which, while admitting the material allegations of the complaint, expressly or
impliedly, would nevertheless prevent or bar recovery by the plaintiff. The affirmative defenses
include fraud, statute of limitations, release payment, illegality, statute of frauds, estoppel,
former recovery, discharge in bankruptcy, and all other matter by way of confession and
avoidance. While a Negative defense is the specific denial of the material fact or facts alleged in
the complaint, essential to the plaintiff's cause or causes of action.

PART III: 3. Differentiate certiorari as an original action from certiorari as a mode of

appeal

Certiorari as an original action is under the section 65 of the rules of court while certiorari
as a mode of appeal is under the section 45 of the same rules of court.

An error of judgment that the court may commit in the exercise of its jurisdiction is
correctable through the original civil action of certiorari under section 45. While where the error
is not one of jurisdiction, but of an error of law or fact, a mistake of judgment, certiorari as a
mode of appeal is the remedy.
 As to the Subject Matter. Only judgments or final orders and those that the Rules of
Court so declared are appealable. Since the issue is jurisdiction, an original action for certiorari
may be directed against an interlocutory order of the lower court prior to an appeal from the
judgment; or where there is no appeal or any plain, speedy or adequate remedy

A motion for reconsideration is generally required prior to the filing of a petition for
certiorari, in order to afford the tribunal an opportunity to correct the alleged errors. Such motion
is not required before appealing a judgment or final order.

Over an appeal, the CA exercises its appellate jurisdiction and power of review. Over a
certiorari, the higher court uses its original jurisdiction in accordance with its power of control
and supervision over the proceedings of lower courts. An appeal is thus a continuation of the
original suit, while a petition for certiorari is an original and independent action that was not part
of the trial that had resulted in the rendition of the judgment or order complained of.

The parties to an appeal are the original parties to the action. In contrast, the parties to a
petition for certiorari are the aggrieved party (who thereby becomes the petitioner) against the
lower court or quasi-judicial agency, and the prevailing parties (the public and the private
respondents, respectively).

Ordinary appeals should be filed within fifteen days from the notice of judgment or final
order appealed from. Where a record on appeal is required, the appellant must file a notice of
appeal and a record on appeal within thirty days from the said notice of judgment or final order.
A petition for review should be filed and served within fifteen days from the notice of denial of
the decision, or of the petitioner’s timely filed motion for new trial or motion for reconsideration.
In an appeal by certiorari, the petition should be filed also within fifteen days from the notice of
judgment or final order, or of the denial of the petitioner’s motion for new trial or motion for
reconsideration. On the other hand, a petition for certiorari should be filed not later than sixty
days from the notice of judgment, order, or resolution. If a motion for new trial or motion for
reconsideration was timely filed, the period shall be counted from the denial of the motion.

PART IV Differentiate between forcible entry and unlawful detainer

In forcible entry, one is deprived of physical possession of land or building by means of force,
intimidation, threat, strategy, or stealth. In unlawful detainer, one unlawfully withholds
possession thereof after the expiration or termination of his right to hold possession under any
contract, express or implied.

In forcible entry, the possession is illegal from the beginning and the basic inquiry centers on
who has the prior possession de facto. In unlawful detainer, the possession was originally lawful
but became unlawful by the expiration or termination of the right to possess, hence the issue of
rightful possession is decisive for, in such action, the defendant is in actual possession and the
plaintiff's cause of action is the termination of the defendant's right to continue in possession.

If the entry is illegal, then the action which may be filed against the intruder within one (1) year
therefrom is forcible entry. If, on the other hand, the entry is legal but the possession thereafter
became illegal, the case is one of unlawful detainer which must be filed within one (1) year from
the date of the last demand.
PART V: CAPTION AND TITLE

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 13, Manila
PEDRO C. LABO,
Plaintiff,

- versus - Civil Case: 5432

FOR: Unlawful Detainer

JOSE B. LINAW,
Defendant.
x-------------------x

COMPLAINT
PART VI: NOTICE OF HEARING

Counsel for Defendant

89 Mindanao Ave., Quezon City
Attorney’s Roll No. 33355
IBP No. 016635/ May 15, 2020/ Quezon City
PTR No. 015500/ May 20, 2020/ Quezon City
MCLE No. 854265/ May 8, 2020

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Municipal Trial Court,
City of Dasmariñas, Cavite

Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the court's calendar for hearing
on August 25, 2020 at 8:30 in the morning.

Atty. Juan Dela Cruz

Counsel for Defendant
Copy Furnished:

Atty. Juana Dela Torre

Counsel for the Plaintiff
16th Floor, JMT Tower,
ADB Avenue, Pasig City
PART VII
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, Juan Dela Manuel, Filipino, of legal age, married and a resident of the City of
Dasmarinas, Cavite after having duly sworn to in accordance with law, do hereby
depose and state:

1. That I am the Petitioner in the above-entitled case;

2. That I have caused the preparation and filing of the foregoing Petition and I
have read all the allegations therein which are true and correct based on my personal
knowledge and authentic documents;

3. That I further certify that there is no pending action or proceeding involving

the same issues in the Supreme Court, Court of Appeals, or any other tribunal or agency.
If I should thereafter learn that the same or similar action is pending, I shall undertake to
inform the Honorable Court of this fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th day of

May, 2020 in the city of Dasmarinas

Juan Dela Manuel

Affiant

SUBSCRIBED AND SWORN TO before me this 28th day of May, 2020 in the city
of Dasmarinas, Cavite with Driver’s License No. 965858, valid until the 18th of June 2021
and I hereby certify that I personally examined the affiant herein and that I am fully satisfied
that she voluntarily executed the foregoing petition and she understood all the allegations
herein.

Page No. ; Notary Public

Doc. No. ; 8
Book No. ; 22
Series of 2020.

PART VIII : Write the part of the Lawyer’s Oath pertaining to a lawyer’s duty towards his
client

I will delay no man for money or malice, and will conduct myself as a lawyer according to the
best of my knowledge and discretion, with all good fidelity as well to the courts, as to my clients;
PART IX: Information

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH

PEOPLE OF THE PHILIPPINES,

Plaintiff,

‐ versus ‐ Criminal Case No. 80688‐00

For: Rape with Murder

A,
Accused.
x ============================== x

INFORMATION

The undersigned accuses A of the crime of Rape with Murder, committed as follows:

That on the night of December 29, 2014 in the Republic of the Philippines and within the
jurisdiction of this Honorable Court, the above named accused A by means of violence and
intimidation, did then and there wilfully and feloniously have carnal knowledge of one X, a girl
of a tender age against her with that on the occasion of the said crime of rape the accused in
order to cover his crime, did then and there wilfully, unlawfully and feloniously, with abuse of
superior strength with the aid of a bladed weapon, and with intent to kill stabbed A, and as result
thereof, the latter died.

CONTRARY TO LAW.

JUAN DELA CRUZ

City Prosecutor
PART X:

a. What is a writ of habeas corpus?

The Latin word for "that you have the body." It is a writ that commands an
individual or a government official who has restrained another individual to produce the
prisoner at a designated time and place so that the Court can determine whether the
prisoner's custody is legal or not.

b. Was the service of the writ of habeas corpus in Cebu City proper? Why or
why not?

Yes the service of the writ was proper. According to the section 7 or rule 102, the writ
may be served in any province by the sheriff or other proper officer, or by a person
deputed by the court or judge. Also, the Supreme Court says in Saulo vs. Brig. Gen. Cruz
(G.R. No. L-14819) writ of habeas corpus plays a role somewhat comparable to a
summons, in ordinary civil actions, in that, by service of said writ, the court acquires
jurisdiction over the person of the respondent. Once authority over the latter has thus
been established, the appellate court issuing the writ, or the court of first instance to
which the writ has been made returnable — acting in place of the appellate court — may
render a decision, which — like other decisions of the Supreme Court and of courts of
first instance — may be enforced anywhere in the Philippines. This passages of law and
jurisprudence proves that the service of the writ was properly done even if it was served
in Cebu City.

c. Does B have the personality to institute the petition? Explain.

Yes B has a locus standi in the petition. According to the Articles 214 of the Family
Code, In case of death, absence or unsuitability of the parents, substitute parental
authority shall be exercised by the surviving grandparent. This article allows the
grandparents to be the substitute parental authority/guardian of the minors, if the court the
finds mother to be an unsuitable guardian for such and thus proving the legal standing of
B.
Questions:
PHILIPPINE CHRISTIAN UNIVERSITY
City of Dasmarinas, Cavite
College of Law
Academic Year 2019-2020
3rd Year
FINAL EXAMINATIONS
Legal Forms

1. What are the grounds for the annulment or nullity of marriage?

2. Differentiate between a negative and affirmative defense.
3. Differentiate certiorari as an original action from certiorari as a mode of appeal.
4. Differentiate between forcible entry and unlawful detainer.
5. Prepare a caption and title for an illegal detainer case where the value of the property
involved is P500,000.00.
6. Prepare a Notice of Hearing addressed before the Municipal Trial Court of Dasmarinas.
7. Prepare a Certification of Non-Forum Shopping.
8. Write the part of the Lawyer’s Oath pertaining to a lawyer’s duty towards his client.
9. X, a minor was raped and on the occasion thereof was killed by A, who was then 75 years
old. Based on the account of a witness, A raped and killed X on the night of December 29,
2014 by using a bladed weapon pointed against the victim and thereafter was killed. The
witness saw everything but did not immediately intervene for fear of her life. On the basis
of her testimony, a case was filed by the parents of X against A. Prepare an Information
based on the above stated facts.
10. Widow A and her two children, both girls, aged 8 and 12 years old, reside in Angeles City,
Pampanga. A leaves her 2 daughters in their house at night because she works in a brothel
as a prostitute. Realizing the danger to the morals of these 2 girls, B, the father of the
deceased husband of A, filed a petition for habeas corpus against A for the custody of the
girls in the Family Court of Angeles City. In said petition, B alleges that he is entitled to
custody of the 2 girls because their mother is living a disgraceful life. The court issues the
writ of habeas corpus. When A learns of the petition and the writ, she brought her two
children to Cebu City. At the expense of B, the sheriff of the said Family Court went to
Cebu and served the writ on A.
b. What is a writ of habeas corpus?
c. Was the service of the writ of habeas corpus in Cebu City proper? Why or why not?
d. Does B have the personality to institute the petition? Explain.

“If you have ran with the footmen and they have wearied you, then how can you
contend with horses?” - Jeremiah 12:5

ATTY. RANDY S. VILLALUZ, PhD

Professor