Session 5: Legal Issue

(Principal Issue)
 Triad. Deadline is July 5.

(a) State the multiple issues in each of the

statement of facts; (b) State the principal
issue; (c) Cite the law to support the principal
issue.
 Triad. Deadline is July 5.

A, B, and C were accused of murder. C turned

state witness and was discharged from the
information. Among the evidence presented was C’s
extrajudicial confession during th custodial
investigation implicating A and B, who he said was
with him when they murdered D. C’s extrajudicial
confession was executed without the presence and
presence of counsel.
 Triad. Deadline is July 5.

A issued a promissory note payable to B or

bearer. A delivered the note to B who endorsed it
to C. C placed the note in his desk drawer; D
stole the note and endorsed the note to E by
forging C’s signature. D endorsed the note to E
who delivered it to F, a holder in due course,
without endorsement.
 What is a legal issue?
There is a legal issue when one party complains of a
violation of his/her right by another, who denies such
a violation.

Elements: (1) existence of a legal right; (2) violation

of a legal right; (3) denial of the violation of a legal
right

It is the denial of violation that tenders a legal issue.

 Principal Issue

The legal dispute stated as a legal issue provides the

principal issue.
The case will be decided based on the principal issue.
The arguments to persuade the court is based on their
relevance to the principal issue.
 What is the principal issue?

A, a Filipino, executed a will in Kuwait while he was there as a

contract worker. Assume that under the laws of Kuwait, it is
enough that the testator affix his signature in the presence of
two witnesses and that the will need not be acknowledged
before a notary public.
A. Can a Filipino execute a will in Kuwait?
B. May the will be probated in the Philippines?
C. Should a will be acknowledged before a notary public?
 Principal legal Issue

Answer is B. May the will be probated in the

Philippines?
Article 17. The forms and solemnities of
contracts, wills, and other public instruments shall
be governed by the laws of the country in which
they are executed. [Lex loci celebrationis]
 What is the principal issue?

A came into possession of an old map showing where a crate of gold

bullion was hidden. Without any authority from the government, A
conducted a search and found the treasure buried in a new river bed
formerly part of a parcel of land owned by spouses B and C. The
old river bed which used to cut through the land of the spouses D
and E changed its course through natural causes.
a) Is A’s possession of an old map valid?
b) Can B and C claim the treasure found in a parcel of land they
used to own?
c) Can A claim possession of the treasure?
 Principal legal issue

Answer is C. A cannot own the treasure. All will

go to the State.
Par. 2 ofArticle 438, Civil Code. xxx one-half
thereof shall be allowed to the finder. If the finder
is a trespasser, he shall not be entitled to any share
of the treasure.
Subordinate Controlling legal issue

The resolution of the principal issue depends on

how the subordinate issue raised in connection with
it is resolved.
 What is the subordinate controlling
issue?

X Cosmetics advertised the benefits of CooCoo

eye cream to remove eye crow feet. A bought the
cream from SML Department Store and used it.
She developed rashes that left tiny scars under her
eyes. A sued X Cosmetics for damages; X
Cosmetics invoked the small print on the label of the
cream that warned against possible allergies with the
use of CooCoo eye cream.
Principal issue: Whether or not X Cosmetics
violated A’s right to be sold safe products.
Subordinate controlling issue: Whether or not X
Cosmetics has the right to sell cosmetic products
that may cause allergies to some users, provided
however that the product label discusses the risk.
 Principal Issue and Subordinate
Controlling Issue

X composed a song. Y claimed it as his own and

sold it to a Z Records. Sarah G. sang the song,
which turned platinum in two months. X called Y a
thief of intellectual property. Y denied this and
claimed that it was X who stole the song from him.
Furthermore, Y claimed that that lawsuit was
malicious.
 Multiple Issues
What is the principal issue?

First Issue: Did Y steal the song from X?

Second Issue: Did X malign Y as a thief of
intellectual property?
Third Issue: Did X steal the song from Y?
Fourth issue: Did X file a malicious lawsuit against
Y?
The principal issue is the controlling issue

The principal issue which is the

controlling issue is whether X or Y
composed the song.