Developing Case Theory

Case Theory, def.

- particular line of reasoning adopted by a
party to a suit that aims to being together the
facts of the case in a logical sequence and
correlate them in a manner that produce in the
mind a definite conclusion that may entitle him
to the judgment prayed for based on applicable
principles of law;
1
 Developing Case Theory

VERY IMPORTANT: The theory can be

successfully proved in court.

Facts are supported by evidence

Founded on applicable law
Consistent with the remedies and reliefs
availed of under the Rules of Court

2
 Notes on Case Theory
It is the foundation of a case;
Pleadings must be drawn in accordance with
the theory;
Introduction of evidence is in accordance with
the theory;
The theory remains consistent, constant
through trial and appeal till the termination
of the case;

3
 Certain Rules on Case Theory
As a rule, the theory formulated in the
pleadings binds the litigant and is not allowed
to be changed till the termination of the case;
Amendment of pleading as a matter of right
before the service of a responsive pleading (or
if no responsive pleading is permitted, before
the action is placed in trial calendar);
Thereafter, by leave of court; this may be
refused if the theory is substantially altered;

4
 Hypothetical Case, as Civil Case
Facts gathered from client, witnesses and other evidence
A borrowed P50K from B;
To secure the payment, A executed a sale of land in favor of B
with the right to repurchase for a period of one year;
Land has an area of 10 hectares covered by TCT in As name;
B registered the instrument;
A defaulted on payment and failed to redeem the land;
B had had the property judicially consolidated in his name;
Upon Bs demand, A refused to vacate the property and B is
compelled to file an action for recovery of possession as well as
ownership;
B seeks your services as legal counsel;

5
 Study of the Case
The document between A and B is a pacto de
retro sale;
Bs intention was not to sell the land but
merely use it as security for the loan;
The value of the land is currently P100,000 to
P300,000 per hectare, or a total of P1 to 3
million;
B remained in possession of the property and
is in fact refusing to vacate the property;
6
 Study of the Case,
Article 1602 of the Civil Code provides:
The contract shall be presumed to be an equitable
mortgage in any of the following cases:
1) When the price of the sale with the right to
repurchase is unusually inadequate;
2) When the vendor remains in possession as lessee or
otherwise;
xxx
6) In any other case, where it may be fairly inferred
that the real intention of the parties is that the
transaction shall secure the payment of a debt or the
performance of any other obligation.
7
 Developing the Case Theory
The nature of the transaction and real
intention of the parties is equitable mortgage,
not a sale with the right to repurchase;

Interpose affirmative defenses attuned to the

theory of equitable mortgage in the
responsive pleadings;

8
 Developing the Case Theory
Reliefs
rescission of the contract;
restore parties to their former status;
order B to surrender the certificate of title to ROD for
cancellation and issuance of a TCT in As name;
damages;
attorneys fees;
costs of suit;
Defendant A to b ordered to return to plaintiff the
amount with legal interest until actual payment is
made.

9
 Developing the Case Theory,
Reference: Legal Counseling With Notes On:
Practicum and Practice Court by Recaredo P.
Barte, 2006 Edition, pages 75-77.

10