INDIVIDUAL PAPER. 50 points.

(Midterm Exam)
Deadline: October 28, 2017
Senior High School Registrars Office
2F Finster Building
Ateneo de Davao University

Choose TWO of these legal narratives and prepare a legal memorandum for each. Place your
work inside a short transparent folder.

1. Janet Ongkiko was shopping at NCA Convenience Store, a local grocery store.
She thought she needed only a few items so she did not get a grocery cart. As she
shopped she realized she needed another item, and her hands being full, she put
the extra item, a bottle of nail polish, in her skirt pocket. Later she realized she did
not need the polish and put it back. A store security person saw her put the polish
in her pocket, but did not see her put it back. When she left the store, the guard
stopped her and took her to the manager's office, stating she was being held for
shoplifting. The store manager searched her purse and told her to empty her
pockets. The security person and the manager were both extremely rude. After
she emptied her pockets and the manager searched her purse, the store manager
told her she could leave. Mrs. Duran was upset and embarrassed by the ordeal,
and she wants to sue. Prepare a legal memorandum on the likelihood of Mrs.
Ongkiko prevailing an unlawful restraint claim?

2. On July 6, 2017 our client, Johann Sobre, gave his daughter, Joanne, 20, the car
keys and told her to drive to GS Gaisano and purchase some paint. The mall is
approximately eight miles from their home. He told her, "Go directly to the mall and
come directly home. Don't, I repeat, don't go anywhere else. Don't go to your
friends house, don't go shopping." Joanne purchased the paint and returned
home. Her father, however, had gone to a neighbor's and was not home. He left a
note saying "I'll be back in a couple of hours." Joanne's friend, 18-year old Sally
Forta called and said, "You've got to see the new car my dad is going to buy me."
As Joanne drove to the dealership to meet Sally, she failed to yield at a stop sign
and collided with Jeffery Lapas car. Mr. Lapa is suing Mr. Sobre. Mr. Sobre owns
the car his daughter was driving. Is Mr. Sobre liable given the fact that his daughter
exceeded his instructions concerning the use of the car?

3. Your client, Rene, 62, and Edna, 54, both Filipinos, met in New York, USA. They
agree to get married on October 1, 2016. On September 27, 2016, Rene flew to
Miami, Florida for an urgent business meeting with the Board of Directors of GRY
Corporation, of which he is the Corporate Secretary; but he intended to return to
New York on September 30, 2016, in time for the wedding. The meeting lasted
longer and he failed to return to New York, as planned. To avoid postponing the
 wedding, Rene called his twin brother Rome to stand as his proxy at the wedding,
which the latter did. Is the marriage of Rene and Edna valid in the Philippines?

4. Your client, Ted Yonto, leased a cold storage plant to BX Company at a daily rental
rate of P100, 000. BX Company stored its shipment of meat and pork in said
storage plant while the refrigeration facilities of one of its cold storage plants was
out of order. After seven days BX Company discovered that the meat and pork
stored in said storage plant were contaminated by rats and were not fit for
consumption. They were, therefore, thrown out. BX Company sued Ted Yonto for
recovery of the loss of the food. Is Ted Yonto liable?

5. On her third month of pregnancy, Sheila Dos married your client, Tony Enno, an
OFW working in Dubai, for reasons known only to her, and without informing Tony
Enno, went to the clinic of Xyrus Gambos, a known abortionist, who for a fee,
removed and expelled the fetus from her womb. Tony Enno learned of the abortion
six months later from his mothers letter. Tony Enno immediately came home and
filed a case for damages against Xyrus Gambos. Can actual damages be
recovered? If so what facts should be alleged and proved?

6. Your client, Sherry Anot, and Gorio Madrigal married in May 30, 1982. A few days
after the marriage, Sherry discovered that Gorio was a homosexual. The couple
then decided to live separately. With the enactment of the Family Code, Sherry
decided to be legally separated from Gorio based on the ground of homosexuality.
Sherry brought her action for legal separation on September 15, 1988. Will the
action prosper?

7. Your clients, Edwin and Alfred, formed a partnership to operate a taxi repair shop
in Toril, Davao City. Edwin provided the capital of P2M while Alfred contributed his
labor and industry. On the left side of their shop, Edwin opened a canteen, while
Alfred put up a car accessories store on the right side of their shop. Can the
partners engage in their separate businesses? Prepare a legal memorandum for
your clients.

8. After working overtime up to midnight, Alberto, an executive of UnderCounty Life

Insurance Company drove a company vehicle to his favorite singles bar where he
had some drinks and sang some songs with his homosexual friends, Mario and
Gerry, to unwind from a stressful work week. At 2.00 am, he drove home, but he
hit a tricycle driven by Mang Goring, resulting in the death of the latter. Your client
is Mang Gorings only surviving heir, Enrico, 18. May the insurance company be
held liable for the negligent act of Alberto?

9. Dodo Cruz, a McDo food server, found a gold bracelet in front of his working place
in Bonifacio Street, Davao City. Picking it up, he read the name and address of the
 owner engraved on the inside. He immediately delivered the bracelet to PO2 Jose
of Sta. Ana Police Precinct with the instruction to locate the owner and return it to
her. PO2 Jose, instead, sold the bracelet and misappropriated the proceeds.
Subsequent events revealed that the bracelet was dropped by a snatcher who had
grabbed it from the owner a block away from where Dodo Cruz found it. The
investigation traced the last possessor to PO2 Jose. Charged with theft, your client,
PO2 Jose, claimed that he had not committed any crime because it was not he
who found the stolen bracelet. Prepare a legal memorandum in PO2 Joses
defense.

10.On the evening of September 20, 2017, Davao City police officers stopped Jerry
Hundangan on suspicion of drunk driving. One passenger, Susan Gomez,
accompanied Mr. Hundangan who was obviously intoxicated and was arrested for
DUI. Although the officers smelled alcohol on Susans breath, it did not appear to
them that she was intoxicated. Susan had been taking drugs in addition to drinking.
The officers did not require Susan to take a field sobriety test. After talking to her
for a few minutes and determining that she lived only two blocks away, they
decided it was safe for her to drive the Honda Civic to her house. On the way home
she lost control of the vehicle, and it swerved into a brown Vios driven by your
client, Mrs. Gordinez, who suffered extensive injuries. Prepare a legal
memorandum addressing the following questions:

1. Did the officers owe a duty of care to Mrs. Gordinez?

2. Are the city police officers actions protected by sovereign immunity?