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
1

Case Theory, defined

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 certain principles of law;
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;

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;
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;
8

Developing the Case

Theory,
Defendant A to b ordered to return to
plaintiff the amount with legal interest until
actual payment is made.
Reference: Legal Counseling With Notes On:
Practicum and Practice Court by Recaredo
P. Barte, 2006 Edition, pages 75-77.
[END OF SLIDES]
9