What is the captain of the ship doctrine?

*
3 points
What is res ipsa loquitor? *
2 points
*
2 points

Distinguish pledge from antichresis. *

5 points
Juan's car crashed against Pedro's motorcyle. As a result, Pedro
suffered serious physical injuries. a) Can Pedro simultaneously file a
tort and a criminal case? Explain. b) Explain one possible defense that
Juan can raise to limit his liability. *
10 points
Maria desperately wanted to be a mother. On Christmas morning of
2016, a child was left on her yard. Taking this as a sign from God, she
and her husband registered the child as their own child. A) When
Maria dies, can the father contest the child's right to inherit by raising
the fact that this child is a product of a simulated birth? B) If Maria did
not want to simulate the birth, would it have been legally possible to
adopt the child as her own, without including her husband as adoptive
parent? *

a) YES. According to Article 961 of the New Civil Code, In default

of testamentary heirs, the law vests the inheritance, in
accordance with the rules hereinafter set forth, in the legitimate
and illegitimate relatives of the deceased, in the surviving
spouse, and in the State. This same right to inherit is also
enjoyed by the adopted child with regard to his adopted parents
properties. In the instant case, however, there was no valid
adoption that happened as there was a simulation of birth, which
 is illegal. Thus, the child does not enjoy any right to inherit
anything from Maria.
b) NO. Sec. 7(c) of the Domestic Adoption Act states that the
husband and the wife must jointly adopt, except (1) when one
spouse seeks to adopt the legitimate child of the other; (2) when
one spouse seeks to adopt his/her own illegitimate child; or (3)
when the spouses are legally separated from each other. The
instant case does not fall under any of the exceptions.
10 points
Rose and Patrick are the children of Juan and Maria. Juan died after
the second child, Patrick, was born. One summer, Maria's mother-in-
law, then aged 70, took the children a boat trip to Cebu. Unfortunately,
the vessel sank en route, and the bodies of the three were never
found. None of the survivors ever saw them on the water. On the
settlement of her mother-in-law's estate, Cristy files a claim for a share
of her estate on the ground that the same was inherited by her
children from their grandmother in representation of their father, and
she inherited the same from them. a) Will her action prosper? b) If
Juan and Maria were never legally married, can their children ever
inherit from their grandmother if the latter dies a natural death? *
10 points
Johnny and Marie are Australian citizens who have retired in
Dumaguete City. They have acquired several personal properties that
they want their children to inherit. They want you to draft a notarial will.
a) What law/s will govern the form of the will? What law/s will govern
the substance/contents of the will? b) If they bought a piece of land
through a Filipino dummy, can they include this land on their will and
indicate that the dummy has the obligation to allow their children to
take possession of the land when they die? *

a) Philippine law will govern the form of the will, while Australian
law will govern the substance of the will. Article 17 of the NCC
 provides, 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. Article 16 of the NCC
provides, intestate and testamentary successions, both with
respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law of the person
whose succession is under consideration, whatever may be the
nature of the property and regardless of the country wherein said
property may be found. Thus, since the will is going to be
executed in the Philippines, it is the Philippine law that governs
its form. On the other hand, it is Australian law, which is the
national law of the couple, which will govern the substance of the
will.
b) No. The 1987 Constitution prohibits foreigners from owning a
land, and in succession, you cannot give what you own. In the
present case, Johnny and Marie legally did not own the piece of
land, thus there is nothing that can be inherited by their children.
10 points
Distinguish judgment on the pleadings and summary judgement. *
5 points
Can a party seek for the dismissal of a case on the ground that it was
filed without complying with the requirements of the Katarungang
Pambarangay law? Explain. *
5 points
When does the court use the "transcendental issue" principle? *
5 points
Compare the effects of a denial of a demurrer to evidence in a civil
case from a denial of the same in a criminal case. *
5 points
Juan lost his case at the Court of Appeals. Instead of filing a petition
for review on certiorari under Rule 45, he filed a Rule 65 certiorari
petition seeking for the nullification of the CA's decision. a) Is this
correct? b) Distinguish Rule 45 and Rule 65 petitions. [R622] *
a) It depends. Rule 65 provides that a person may file for a petition
for certiorari when (1) a court has acted without or in excess of
its jurisdiction, or with grave abuse of discretion amounting to
lack r excess of jurisdiction; and (2) there is no appeal, or any
plain, speedy, and adequate remedy in the ordinary course of
law. If these two requisites are present, Juan may file a petition
for certiorari under Rule 65 instead of using the ordinary appeal
under Rule 45.
b) As to governing rule A petition for review on certiorari is
governed by Rule 45, while a special civil action for certiorari is
governed by Rule 65.
As to nature of proceeding A petition for review on certiorari is
a mode of appeal, while a special civil action for certiorari is an
original action.
As to jurisdiction A petition for review on certiorari is under the
exclusive appellate jurisdiction of the Supreme Court, while a
special civil action for certiorari is under the concurrent original
jurisdiction of the Supreme Court, the Court of Appeals, and the
Regional Trial Court, Sandiganbayan, and COMELEC.
As to requirement of a motion for reconsideration A petition for
review on certiorari does not require the filing of a motion for
reconsideration with the lower court, while the filing of a motion
for reconsideration is a condition precedent to the filing of a
special civil action for certiorari.
As to reglementary period A petition for review on certiorari
should be filed within 15 days from notice of the judgment or final
order being appealed from, while a special civil action for
certiorari should be filed within 60 days from notice of the
judgment, order, or resolution.
 As to findings of facts Findings of facts of the CA are binding
upon the SC in a petition for review on certiorari, while in a
special civil action for certiorari, the findings of fact of the CA are
not binding.
As to impleading of parties In appeal by certiorari, the lower
courts or judges are whose decisions are subject of review are
not impleaded either as petitioners or respondents, while in a
special civil action for certiorari, the lower court or judge whose
orders or proceedings are subject to challenge are impleaded as
public respondents.
10 points
Juan, a neophyte, died during the initiation rites of the Supreme
Brotherhood Fraternity. One frat member, Jose, was tasked to bring
him to the hospital. After leaving the E.R., Jose went straight to the
police station and surrendered. He prepared his own affidavit stating
that he was not present during the initiation rites. He was simply called
to respond to the emergency because he was a senior medical
student. The police proceeded to bring him to the office of the
prosecutor for inquest. a) Is this correct? b) Based on the facts
presented, can he be discharged as a state witness? *
10 points
Juan filed a suit for collection of Php 387,000 against Ramon in the
RTC of Davao DCity. Aside from alleging payment as a defense,
Ramon in his answer set up counterclaims for Php 100,000 as
damages and Php 30,000 as attorney's fees as a result of the
baseless filing of the complaint, as well as for Php 250,000 as the
balance of the purchase price of the 30 units of air conditions he sold
to Fe. A) Does the RTC have jurisdiction over Ramon's counterclaim,
and if so, does he have to pay docket fees for this counterclaim? B)
Suppose Ramon's counterclaim for the unpaid balance is Php
310,000, what will happen to his counterclaims if the court dismisses
the complaint? *
A) The RTC has jurisdiction over Ramons counterclaims for
damages and attorneys fees, but not over his claim on the
balance of the purchase price of the air condition units.
According to the Rules of Court, a counterclaim may be
considered compulsory regardless of its amount when it is in an
original action before the RTC. In this case, the counterclaims for
damages and attorneys fees, even though not exceeding
P300,000, are under the jurisdiction of the RTC for being
compulsory, while the claim on the balance of the purchased
price of the air condition units are not for being permissive only.
As to the docket fees, Ramon does not have to pay for the
docket fees imposed on compulsory counterclaims filed before
the RTC has been suspended by the SC en banc resolution AM
No. 04-2-04-SC.
B) Ramons counterclaims will not be dismissed even if the court
dismisses the complaint. The Rules of Court provide that the
dismissal of the complaint will not correspondingly result in the
dismissal of the counterclaim and is without prejudice to the
prosecution of the counterclaim in the same or separate action.
Here, Ramon may prosecute his counterclaims in the same
action or in a separate action.