Spec Pro Midterms

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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 [email protected] . 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 Pepito’s 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

Transcript of Spec Pro Midterms

UNIVERSITY OF THE CORDILLERASCOLLEGE OF LAWBaguio 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 [email protected].

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.

A. extrajudicial settlementB. GuardianshipC.D.