Tuesday, January 8, 2013

tip 4




1. On May 21, 1982, petitioner Dumez Company, a French company, through petitioner Trans-Orient Engineers, Inc., a corporation organized and existing under the laws of the Philippines, engaged the services of private respondent Veronico Ebilane as carpenter for one of its projects in the Middle East, with Riyadh, Saudi Arabia, as his place of actual employment.  The parties executed and signed a one-year overseas employment agreement embodying the terms and conditions of private respondent's employment.
Private respondent commenced performance of said contract on July 3, 1982.  On August 31, 1982, while at the job site, private respondent was suddenly seized by abdominal pain and rushed to the Riyadh Central Hospital were appendectomy was performed on him.  During his confinement, he developed right-sided weakness and numbness and difficulty of speaking which was found to have been caused by Atrial Fibrillation and CVA embolism.
In a letter dated September 22, 1982, petitioners formally terminated private respondent's employment effective September 29, 1982, up to which time petitioners paid private respondent his salaries under his employment contract.  Thereafter, on October 13, 1982, private respondent was repatriated to Manila.
On November 23, 1982, private respondent filed a complaint for illegal dismissal against petitioners.  Such complaint was filed with the Workers' Assistance and Adjudication Office of the POEA.
In deciding the case in favor of respondent, the POEA took judicial notice of Social Insurance Law of Saudi Arabia.
Question: is the POEA correct in taking judicial notice of the Social Insurance Law of Saudi Arabia, which was not duly proved during the hearing? Explain.
2. Private respondents are brothers who were engaged in the business of forwarding and transporting "balikbayan" boxes from California, U.S.A. to Metro Manila, Philippines. Manuel J. Salazar (hereinafter "Manuel") managed the Philippine side via MANSAL Forwarders, a business registered in his name with principal office at No. 48 Scout Tobias Street, Quezon City. On the other hand, Mario J. Salazar (hereinafter "Mario") handled the U.S. side of the forwarding business as General Manager of M.J.S. International, Inc., a corporation with principal office at No. 3400 Fletcher Drive, Los Angeles, California, U.S.A.
According to the petitioner, sometime in February of 1989, while he was in Los Angeles, California, U.S.A., Mario tried to convince him to invest some money in the said business. Mario had allegedly represented that petitioner's money will be held in trust and administered by both him and his brother for the exclusive use of their forwarding and transporting business. Petitioner further alleged that Mario promised him a return on his investment equivalent to ten per centum (10%) for one month, at the end of which, his money plus interest earned shall be returned to him.
When petitioner returned to the Philippines, it was Manuel's turn to persuade him to part with his money under the said investment scheme. Eventually convinced by the private respondents’ representations and assurances, petitioner agreed to invest the total amount of US $34,000.00 which he entrusted to his aunt, Liwayway Dee Tanzo, who was residing in the U.S.A. Thus, petitioner issued several personal checks made out to Liwayway Dee Tanzo,. or to "Calfed", or payable to cash. Except for California Federal Check No. 322 which was encashed by Mario himself, private respondents received the proceeds of the above checks through Liwayway Dee Tanzo on several occasions in August 1989.
Meanwhile, Mario encountered serious liquidity problems that prompted him to petition the U.S. Bankruptcy Court for a release from his debts on September 27, 1990. He was ordered "released from all dischargeable debts" by the said court on January 25, 1991.
Upon the expiration of the thirty (30) day investment period, petitioner demanded from Mario in the States and Manuel in Quezon City proper accounting of his financial investment and/or the return of his capital plus interest earned. At the outset, private respondents avoided their obligation to petitioner by making various excuses but after persistent demands by the latter, Manuel finally admitted that their shipments had encountered some problems with the Bureau of Customs. Thus, on January 29, 1990, Manuel executed a letter authorizing the petitioner to withdraw documents to assist in the release of their shipments from the Bureau of Customs. However, when petitioner attempted to secure the release of the "balikbayan" boxes from the Bureau of Customs, he discovered that the same had actually contained smuggled goods and were accordingly seized and forfeited in favor of the government.
To prove that the money was not in trust, but a loan, the respondents offered as evidence its previous transactions of loan with other friends in the U.S. . Manuel offered in evidence copies of the contracts of loan entered into between M.J.S. International and Liwayway Dee Tanzo, which are contracts of loan and not trust agreements.
Petitioner object to the admissibility of said evidence, as they are irrelevant to the contract of trust agreements that was entered between him and Mario.
Rule on his contention.

3. In a land dispute, the parties appeared before the barangay council,which rendered a decision of the conflicting claims which they presented before said council.Said barangay decision was contained in a document termed as Administrative Case No. 4,
            During trial said documentary exhibit was offered, which the court admitted and appreciated in deciding in favor of the appellants.In their first assignment, appellants assail the admission in evidence over the objection of the appellant of Exhibit "3." This exhibit is a decision in favor of the defendant-appellee against herein plaintiff-appellant Grace Ventura, by the council of Barrio of San Pascual, Tuba, Benguet, in its Administrative Case No. 4, for the settlement of ownership and possession of the land. Question: Is Exh. 3 admissible as evidence in court?


4. (A) what is a judicial admission? (B)When is judicial admission mandatory? (C) What is a confession? (D) what is an evidentiary rule? (E) (What is an adoptive admission?

5.         A) In a land dispute, the defendants offered to compromise the case by offering P20,000 cash for the dismissal of the case. The plaintiffs did not agree, and so the case for recovery of possession pushed through. During trial, the plaintiff testified about the offer of compromise. The defendant objected to its admissibility. As judge would you admit said testimony?

B) In a criminal case for malicious mischief, the accused offered to pay 5,000 pesos to pay for the broken bottles of beer, and asks for the dismissal of the criminal case. During the trial, the offer was used as evidence to prove the criminal liability of the accused. Is said evidence admissible as an implied admission of guilt? Would your answer be the same is the crime charged is reckless imprudence resulting to homicide?

C) In a physical injuries case, the accused offered to pay the medical and hospital expenses. Can this be considered as proof of civil or criminal liability of the accused?

6. Explain the Best Evidence Rule and state at least two exceptions thereto.

7.  What do you understand by “opinion evidence”? Is it admissible? State the rule and the exceptions thereto.


8. [G.R. No. 107372.  January 23, 1997] On September 30, 1982, private respondents sold to petitioner two (2) parcels of registered land in Quezon City for a consideration of P35,000.00 and P20,000.00, respectively. The first deed of absolute sale covering Transfer Certificate of Title (TCT) No. 258628 provides in part:

"That for and in consideration of the sum of THIRTY FIVE THOUSAND (P35,000.00) PESOS, receipt of which in full is hereby acknowledged, we have sold, transferred and conveyed, as we hereby sell, transfer and convey, that subdivided portion of the property covered by TCT No. 258628 known as Lot No. 684-G-1-B-2 in favor of RAFAEL S. ORTANEZ, of legal age, Filipino. whose marriage is under a regime of complete separation of property, and a resident of 942 Aurora Blvd., Quezon City, his heirs or assigns."
while the second deed of absolute sale covering TCT No. 243273 provides:

"That for and in consideration of the sum of TWENTY THOUSAND (P20,000.00) PESOS receipt of which in full is hereby acknowledged, we have sold, transferred and conveyed, as we hereby sell, transfer and convey, that consolidated-subdivided portion of the property covered by TCT No. 243273 known as Lot No. 5 in favor of RAFAEL S. ORTANEZ, of legal age, Filipino, whose marriage is under a regime of complete separation of property, and a resident of 942 Aurora Blvd., Cubao, Quezon City his heirs or assigns.
Private respondents received the payments for the above-mentioned lots, but failed to deliver the titles to petitioner. On April 9, 1990 the latter demanded from the former the delivery of said titles. Private respondents, however, refused on the ground that the title of the first lot is in the possession of another person, and petitioner's acquisition of the title of the other lot is subject to certain conditions.
Offshoot, petitioner sued private respondents for specific performance before the RTC. In their answer with counterclaim private respondents merely alleged the existence of the following oral conditions which were never reflected in the deeds of sale:
"3.3.2 Title to the other property (TCT No. 243273) remains with the defendants (private respondents) until plaintiff (petitioner) shows proof that all the following requirements have been met:
(i) Plaintiff will cause the segregation of his right of way amounting to 398 sq. m.;
(ii) Plaintiff will submit to the defendants the approved plan for the segregation;
(iii) Plaintiff will put up a strong wall between his property and that of defendants' lot to segregate his right of way;
(iv) Plaintiff will pay the capital gains tax and all other expenses that may be incurred by reason of sale. x x x."
During trial, private respondent Oscar Inocentes, a former judge, orally testified that the sale was subject to the above conditions, although such conditions were not incorporated in the deeds of sale. Despite petitioner's timely objections on the ground that the introduction of said oral conditions was barred by the parol evidence rule, the lower court nonetheless, admitted them and eventually dismissed the complaint as well as the counterclaim.
Questions:    (1) Is the ruling of the Court correct?
                       (2) What do you understand by parol evidence rule?
(3) In order that parol evidence may be admitted, what are the requirements that must be complied with ?
                       (4) What are the exceptions to the parol evidence rule?
                      (5) Does the case above contain the exception to the parol evidence rule?


9. How would you object to the following?

a.       Witnesses sometimes preface their testimonies with expression like “I believe” or “ I think” such that  the witness speaks from conjecture or from hearsay.
b.   When evidence is presented which do not tend to prove a fact alleged in the information.

c. When a witness is cross-examined about what another witness has said and which he has not repeated in his testimony.
d. When a question is asked which suggests to the witness the answer the examining party wants.
e. When a tricky question is asked, one that is calculated to make the witness give a false or inconsistent answer.

10. What are collateral matters? As a general rule would you allow collateral matters as evidence? Explain.

End of the examination
(please pay xerox fee of 4 pesos)


No comments:

Post a Comment