Case Study Number 4
Case Study Number 4
Case Study Number 4
Assuming that you are Atty. Sales, identify the problems confronting your
client, Teresa. After having done so, sort out the facts that are relevant to the opinions
you
would render on those problems then write down your advice to her with supporting
laws and court rulings. Prepare along with your legal opinion a PRENUPTIAL
AGREEMENT between Roy and Teresa.
Teresa Campos came to see Atty. Elmer Sales at his law office to consult with him.
Their conversation went this way:
PART 2: MEMORANDUM
Assuming you are the counsel of the plaintiff Federico, prepare a trial
memorandum based on the circumstances given below:
Federico ,sixty five (65) years old, widow and a resident of Mountain View
Subdivision, Antipolo, Riza and Happy, forty two (42) years old, married and also a
resident of Mountain View Subdivision, Antipolo, Rizal, have been neighbors for at least
three (3) years.
One afternoon of October 25, 2010, a truck owned by the Happy’s carpenter,
Gregorio Timbol, was parked in front of Happy’s house on a street that was sloping. Mr.
Timbol has been working on the renovation of Happy’s house. He has been a carpenter
for at least thirty five (35) years.
Before the incident, Federico was taking a nap in his house when he noticed that
his dog, Trix was missing. He then looked around the house until he heard a crashing
bang and a dog crying out. When Federico went outside his gate, he saw Trix pinned
under the wheel of the truck. The truck was backed up against a tree by the sidewalk and
Trix was thrashing and squealing underneath the truck with blood coming out his
mouth. Federico cried and screamed to Rodmar, his helper, and shouted for the guards
who roamed the subdivision, but no one came. He could not save him even if he wanted
to because there was no one in the truck's driver seat and he does not know how to drive.
He could only cry and scream while Trix kept on howling until it stopped moving and
making any sound. He died soon after.
According Federico, Trix had been with him since his wife passed away eight
years ago. Federico observed that the truck had always been parked in front of the
Happy’s house since the time Happy’s house was being renovated. When the incident
happened, Happy did not do anything except to call Mr. Timbol. Happy insisted that the
truck was properly parked and what happened to Trix was an accident and Mr. Timbol
could not be faulted. On the other hand, Mr. Timbol admitted that his truck was of an
old model. He bought it second hand and had it overhauled and repainted. He also
admitted that, when he parked it on the day the incident happened, he put two (2) large
rocks against the back wheels to make sure the truck does not roll back down the street.
Mr. Timbol finally admitted that when he looked at the scene after the incident
happened, the rocks were no longer there. He concluded that someone must have
removed them. Federico demanded that the Happy should give him another dog, but the
latter refused and insisted that what happened to Trix was Federico’s fault because Trix
should have not been loose on the streets.
Happy testified that Trix was a pesky dog and had complained about it many
times. Furthermore, he alleged that Federico committed a nuisance when he allowed his
dog to roam the streets of the subdivision. In fact, it was because of Trix that the Happy
met Federico for the first time three (3) years ago. Happy went to Federico’s house to
complain that Trix pulled out the plants in the yard.Happy also mentioned that Trix
would dig holes in his lawn. It would frequently deposit its wastes on his driveway and
also pee in front of his house, leaving a foul smell. One time, Trix even chased his little
girl along the road. Happy went to the extent of complaining the activities of Trix before
the Homeowner's Association, so that the latter issued a Board Resolution stating that
wandering dogs will be caught and brought to the municipal dog pound.