1. 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.

Yes, Pedro can simultaneously file a tort and a criminal case. Article 33 of the Civil Code, which
authorizes the institution of an independent civil action which shall proceed independently of the
criminal prosecution and shall be proved only by a preponderance of evidence, mentions only the
crimes of defamation, fraud and physical injuries. In the case, a civil action for damages may be
brought by Pedro for the injuries he suffered, and this civil action is entirely separate and distinct
from the criminal action for serious physical injuries.

b) Explain one possible defense that Juan can raise to limit his liability.
One possible defense Juan can raise to limit his liability is the doctrine of last clear chance. Under
this doctrine, a person who has the last clear chance or opportunity of avoiding an accident,
notwithstanding the negligent acts of his opponent, is considered in law solely responsible for the
consequences of the accident. In the case, Juan, though negligent, may recover if he can show that
Pedro had the last opportunity to avert the accident but failed to do so.

2. 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?

3. 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
to 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, Maria 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?

No, the action will not prosper. Under Article 43 of the Civil Code, if there is a doubt, as between
two or more persons who are called to succeed each other, as to which of them died first, whoever
alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be no transmission of rights from one to
the other. In the case, as there was no evidence to show who died first, the grandchildren and their
grandmother are presumed to have died at the same time and, thus, there is no transmission of
successional rights. Maria had nothing to inherit from her children who had nothing to inherit
from their grandmother.
 b) If Juan and Maria were never legally married, can their children ever inherit from
their grandmother if the latter dies a natural death?
No, Rose and Patrick cannot inherit from their grandmother. Under Article 992 of the Civil Code,
an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives
of his father or mother; nor shall such children or relatives inherit in the same manner from the
illegitimate child. In the case, Rose and Patrick, being illegitimate children, cannot represent their
father Juan in the succession from their grandmothers estate because of the legal barrier between
the legitimate and illegitimate families.

4. 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?

5. 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.

Yes, a party may seek for the dismissal of a case on the ground that it was filed without complying
with the requirements of the Katarunganng Pambarangy law, provided the disputes are required
by law to undergo amicable settlement before the Lupon of a barangay and they do not belong to
the exceptional instances where the parties may go directly to court without the need of prior
barangay reconciliation. The Rules of Court, however, provides that the lack of referral to the
Lupon is not jurisdictional but merely results in the complaint being dismissible for failure to
comply with a condition precedent.

6. 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.

7. 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 ER, 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?
No, Jose should not be subjected to inquest proceeding. Under the Revised Manual for
Prosecutors, an inquest investigation is an informal and summary investigation conducted by a
public prosecutor in criminal cases involving persons arrested and detained without the benefit of
 a warrant of arrest by the court for the purpose of determining whether or not said persons should
remain under custody and correspondingly be charged in court. In the case, Jose voluntarily
surrendered himself to the police authorities. Hence, there was no arrest to speak of as Jose is not
a subject of warrantless arrest.

b) Based on the facts presented, can he be discharged as a state witness?

Yes, Jose can be discharged as a state witness. Section 17, Rule 119 of the Revised Rules on
Criminal Procedure provides the requisites when the court may direct one or more of the accused
to be discharged with their consent so that they may be witnesses for the state. In the case, there
is absolute necessity for Joses testimony as there is no other direct evidence available for the
proper prosecution of the offense, except his testimony, and Jose does not appear to be the most
guilty since he was not present during the initiation rites. Provided Jose has not, at any time, been
convicted of any offense involving moral turpitude, he may be discharged as a state witness upon
his consent.

8. 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?