UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW Baguio City

Prepare the petition, deed, or pleading necessary to protect the interests of your clients, observing the proper form prescribed by law. Explain why you chose the remedy that you chose. Email your petitions, deeds, or pleadings to amydelsonmacaraeg@gmail.com. Genoveva Alag got married to Pedro Sanchez on December 3, 1950 at Anda, Pangasinan. They settled down in Anda where they were able to acquire a parcel of land with an area of 4 hectares (Assessed value:P24,000.00) and covered by Transfer Certificate of Title No. T - 45678 in their names. Genoveva and Pedro had 4 children, namely: Russell (born September 11, 1952), Keith (born December 23, 1954), Allan (born February 12, 1956), and Pepito, (born November 27, 1961) who was born with severe cerebral palsy making him unable to fend for himself. Pedro died on June 19, 1979 in Anda, Pangasinan. On the day that Pedro was interred, his brother Michael disclosed that Pedro actually left a holographic will with him sometime in 1975. Michael claims that he kept the will inside the hollow part of one of the bamboo poles propping up his small nipa hut. Unfortunately, the will was eaten by termites. While he may have lost the will, Michael assures the heirs of Pedro that he can still vividly recall all the things which his brother wrote because they discussed it thoroughly. As Michael recalls, Pedro stated that all his compulsory heirs would inherit his share of the Anda property in equal shares. He likewise designated his brother Michael as trustee to hold and manage Pepitos share of the Anda property to ensure that the latter would be well provided for for the rest of his life. Unfortunately, nobody believed Michael since nobody else saw the will. Having lost the love of her life, Genoveva likewise lost her zest for life. She decided to leave Anda because everywhere she looked, she was reminded of her beloved. She dies a thousand deaths each time she realizes that her husband was no longer there to scratch her back, to wash her clothes, and to cook her food. Before she left for Baguio City, Genoveva gathered her four children and told them that they will have a hectare each of the Anda property, leaving Pepito and his share of the property under the care of Allan. As has been the practice in those times, no transfer of title was made as the arrangement was based on trust. After wandering aimlessly through the streets of Baguio City, Genoveva was seen by her old flame, Ben Ilao, sometime in 1980. With the help of Mr. Ilao, life became brighter for Genoveva. They got married on April 1, 1981. They resided here in Baguio where they were able to acquire a house (Assessed value: P13,400.00) and lot (Assessed value: P5000.00 ) at No. 23 Aurora Hill, Baguio City sometime in 1982. They had two children, Ben Jr. (born February 3, 1982) and Jack (born October 24, 1984). Ben Sr. died intestate on March 25, 1999.

Genoveva died intestate ten years later on May 24, 2009 after being bedridden for three years. With Genovevas death were born several conflicts between and among her children from the first and second nuptials. A. Russell Alag Sanchez is the most docile of all the siblings. All he wants is to be able to have a certificate of title in his name over his one-hectare portion of the Anda property. Being the eldest of the children, he does not want to sow discord among the siblings so he asks you for the most peaceful means of accomplishing what he wishes. You are now representing Russell. Prepare whatever you deem is best to give what your client wants. B. Pepito Alag Sanchez got wind of the fact that the Aurora Hill house was actually being rented out by Ben Jr. and Jack for P20,000.00 a month. He has copies of the receipts to prove such income. As a child of Genoveva, he wants to have a share in the Aurora Hill property. He does not agree with his brother Russell about maintaining peace in the family. You are now representing Pepito. Prepare whatever you deem is best to give what your client wants. C. Ben Jr. has been the one administering the Aurora Hill property since his mother became ill in 2005. He claims that he has the right to continue managing the property considering that he is the elder of the two Ilao children. You are now representing Ben Jr. Prepare whatever you deem is best to give what your client wants. D. After Ben filed a petition for the issuance of letters of administration to him, Jack claims that Ben Jr. is not fit to manage the property because he has been misusing the rents collected therefrom. Instead of using the rents to buy medicines for their mother, Ben Jr. squandered the money on women and booze. In fact, Ben Jr. has failed to pay the loan of P500,000.00 which he acquired from their mother during her lifetime. Jack has a promissory note signed by Ben Jr. to prove the unpaid loan. However, since Jack does not have any hint as to how to manage the Aurora Hill property, he just wants to co-manage the property with Ben Jr. You are now representing Jack. Prepare whatever you deem is best to give what your client wants. E. Michael feels guilty that because of his carelessness, Pepito was reduced to a beggar while his brothers enjoyed the Anda property. Since the said property is now in a commercial area, Michael wants to manage Pepitos share so he could take care of the latter. He insists on the existence of the will. You are now representing Michael. Prepare whatever you deem is best to give what your client wants.

F. John, the youngest brother of Pedro, visited Anda after staying in California for the past 60 years. His heart wept when he saw the sorry state of Pepito, roaming the streets of Anda and living off alms. John wants to adopt Pepito because once he becomes his legitimate son, he will become an American citizen entitling him to support from the American government because of his condition. Moreover, Pepito can also avail of survivorship benefits in case of Johns demise. John is 72 years old, unmarried, and a dual citizen of both America and the Philippines. You are now representing John. Prepare whatever you deem is best to give what your client wants.