LEGAL FORMS

Executive Class Sunday, 3 - 5 P. M.

Mid-Term Exam
PROF. J. A. OBRA

March 29, 2015

1) Prepare a Complaint based on the facts given below

strictly observing the rules on judicial forms, pleadings,
jurisdiction, venue, cause of action, parties and all other pertinent
laws and rules. Sign the Complaint as plaintiffs counsel.
From your client, Caridad A. Reyes, you gathered that she is 70
years old, widow, Filipino and a resident of No. 3 Augustus Street, B.
F. Resort Village, Las Pias City. She is the absolute and registered
owner of a vacant 450-square meter lot situated at a residential area in
Sta. Cruz , Ligao City in the province of Albay. The lot, which is now
covered by Transfer Certificate of Title No. T-18910, was purchased
by Mrs. Reyes from a certain Ramon S. Go on September 9, 2005, a
year after her husbands death. Immediately after acquiring the
property, she had it fenced with barbed wires around its perimeter.
The lot which is covered by Tax Declaration of Real Property
No. 207-02-008-04-064 issued by the Ligao City Assessors Office on
December 15, 2012 has an assessed value P37,500.00. Mrs. Reyes has
in her possession the original owners duplicate of TCT No. T-18910
and a certified true copy of Tax Declaration No. 207-02-008-04-064.
Sometime in 2006, taking advantage of Mrs. Reyess prolonged
absence brought about by the transfer of her residence from Sta. Cruz,
Ligao City to No. 3 Augustus Street, B. F. Resort Village, Las Pias
City, the spouses Celestino P. Pintor and Guadalupe S. Pintor
surreptitiously entered Mrs. Reyess vacant lot and started occupying
the same. It was only when Mrs. Reyes visited Sta. Cruz, Ligao City
on December 10, 2014 that she discovered that the spouses Celestino
P. Pintor and Guadalupe S. Pintor had not only intruded into her lot
but they had constructed a house thereon. Mrs. Reyes made numerous
demands, albeit verbally, for the Pintor couple to vacate the premises
but to no avail.
On February 2, 2015, Mrs. Reyes retained you as counsel and
asked you to write the Pintor couple a demand letter requiring them to
vacate her lot immediately. In a letter you (counsel) wrote dated
February 3, 2015, you asked the Pintors to vacate your clients lot
within ten (10) days from notice otherwise your client would be
constrained to institute the proper court action against them with claim
for actual, moral and exemplary damages plus attorneys fees. The

-2Pintor couple received your letter on February 8, 2015 as evidenced

by the Registry Return Receipt but they have not vacated the premises
until now. As agreed upon, Mrs. Reyes paid you P50,000.00 as
acceptance fee and in addition you charged her a fee of P3,000.00 per
court appearance.
On February 20, 2015 you assisted Mrs. Reyes in filing a
complaint against the spouses Pintor with the office of the Barangay
Chairman of Sta. Cruz, Ligao City. During the conference before the
Lupon ng Tagapagpayapa, the spouses Pintor said they would not
vacate the lot contending they bought the same for value from a
certain Katrina Ante sometime in 2006 before they entered the lot. On
March 5, 2015, for failure of the parties to reach a settlement, the
Barangay Chairman issued to Mrs. Reyes a Certificate to File Action.

2) Acting, this time, as counsel for defendants Celestino P.

Pintor and Guadalupe S. Pintor, prepare a motion to dismiss
under Rule 16 of the Revised Rules of Court if the circumstances
attendant to the filing of the Complaint are, as follows:
a) The action filed was for forcible entry under Rule 70 of
the Revised Rules of Court;
b) It was filed with Branch 79 of the Metropolitan Trial
Court of Las Pias City;
c) It was filed by Maricel A. Reyes, Caridad Reyess
daughter and lone heir, as plaintiff;
d) The Complaint was without any allegation that the
plaintiff and defendants had any confrontation at the Lupon ng
Tagapagpayapa before the Complaint was filed with the court.
NOTE: All examination papers must be submitted to Mr.
Jhez Salvador on March 29, 2015 between 3 and 3:15 p. m. at the
classroom.