Case No. 1 Dennis Jacob and Jenny dela Rama are Filipinos.

In May 1995, Jenny got married in the Philippines to Manny Rosario, also a Filipino. In February 2000, Jenny filed a petition for the annulment of her marriage with Manny alleging that she was coerced into marrying the latter. In the meantime, Jenny and Manny started living separately. While on a trip to the US, Jenny met Dennis and the two hit it off immediately. After two months of dating, Jenny and Dennis got married in Las Vegas, Nevada in June 2003. In May 2007, the RTC annulled the marriage of Jenny to Manny. Eventually however, Jenny and Dennis also grew apart. Jenny became a US citizen and settled in the US. Dennis returned to the Philippines and started seeing other women. After dating Rachel Nazareno for two years, Dennis now wants to marry Rachel. He now approaches your firm for help in his dilemma. A senior partner in your firm endorses the case to you, his junior associate, for an assessment of the case and a proposed solution to the problem of Dennis. Draft your legal opinion that you will present to the senior partner complete with citations of applicable laws and legal doctrines. Case No. 2 Marissa Mendez and Raul Isidro have been dating for five years. Marrisa loved Raul but she noticed that Raul was a jealous boyfriend. Whenever Marrisa would meet old friends who happen to be male, Raul would get angry at Marrisa, assuming that there were some romantic relationships with her old friends and treat her roughly. Nevertheless, Marrisa loved Raul and they got married in 2005. Marrisa had hoped that Raul would be more secure since they were married but things only turned for the worse. Raul would be suspicious whenever Marrisa would fail to answer her cellphone when he called. When Raul was not convinced for Marrisa’s fidelity, he would beat her. When Marrisa refused to give in to Raul’s sexual requests, Raul would force himself upon Marrisa. In one instance, Marrisa insisted on refusing Raul but Raul beat her until she was unconscious and proceeded to have sexual intercourse with her. At that point, Marrisa became gravely fearful of Raul. In January of 2009, Raul again forced Marrisa to have sexual intercourse with him even when she was trying to fight off Raul. When Raul was spent and fast asleep, Marissa took a large chopping knife from the kitchen and entered quietly into their bedroom. She raised the knife and struck at Raul’s neck. She continued slashing Raul eight times. Raul died from his wounds. Marissa is now charged with murder. As an indigent client, Marissa is assigned to you, a Public Attorney. Your boss asks you to give your opinion on the case of Marissa as her public defender. Draft your legal opinion complete with citations of applicable laws and legal doctrines. Case No. 3 SPO1 Ramon Dugas, an active police officer, was notorious in his barangay as a drunkard. He would force people to drink with him and threaten people who would refuse him. He also boasted about his talisman (anting-anting) that supposedly protected him from harm from bullets. He, in fact, survived two bullet wounds on different accounts, thus bolstering the belief that his talisman really worked. Ramon

was also a bad gambler and he had a big gambling debt to Nestor Bologna, his neighbor. One night, Ramon was drinking with Nestor and two other neighbors. They had already drunk three (3) bottles of gin among them when Nestor brought up with Ramon the debt of the latter. Ramon, feeling embarrassed in front of the other neighbors, got angry and yelled at Nestor, “Putang-ina! Pera lang ‘yan! Kulitin mo pa ako dyan, buhay mo ang ipapang bayad ko!” Nestor suddenly feared for his life. He left the group and went home, having a hard time walking because of his drunken state. About half an hour later, Nestor heard Ramon outside of his house calling out to him, “Nestor! Lumabas ka! Babayaran na kita!” Nestor peeked outside and saw Ramon holding a bolo. Nestor quickly barricaded the front door and went to the kitchen of his house at the back, where there was a back door he left open. He hid in the shadows with a 22 caliber rifle in hand. Nestor heard Ramon walking to the back door. He saw Ramon enter with a bolo in hand. Nestor suddenly shot Ramon in the chest. Ramon dropped the bolo, which Nestor picked up. Nestor used the bolo to hack at Ramon. Nestor struck the neck of Ramon until only the skin held the head of Ramon to his body. Nestor was charged with murder. During the trial, he raised self-defense as his defense. He testified that the reason he cut the head of Ramon was that he believed that was the only way to defend himself considering the talisman of Ramon. You are part of the research staff of the court in which Nestor’s case is pending. After the parties rested, the judge asked you to draft a legal opinion on the crime committed, any attendant circumstances and if Nestor should be held criminally liable. Case No. 4 Pablo and Magdalena dela Rosa were married in January 1983. Magdalena was aware that, even when they were dating and, in fact, even when they were married, Pablo was playboy and had many girlfriends. But Magdalena accepted Pablo’s philandering and was content with the fact that Pablo chose to marry her and Pablo would always return to her. Her only condition was that Pablo should not have any children outside of their marriage. During their union, Pablo and Magdalena had three children. They also acquired properties. Pablo inherited a farm in Bulacan and Magdalena inherited a whole case of jewelry from her grandmother. From their joint savings, they were able to build a four-door apartment building that they rented out to tenants. In May 2000, Magdalena was shocked to find out that Pablo has had three other children, each of them from different women. This was the last straw. Magdalena wanted out of the marriage but she was concerned because all their children were still minors at the time. She consults you, a junior associate in a law firm, to give her your legal opinion on what she can do to separate from Pablo and what would happen to Pablo obligations to her children and the properties they acquired during their marriage. Case No. 5 Andres Macaraeg is a member of a sparrow unit of the New People’s Army. His mother owned a parcel of land that was mortgaged to Sta. Rosa Rural Bank (SRRB) but his mother was not able to pay the amortizations and SRRB was foreclosing on the property. He was looking for a way to solve his mother’s problem. One night his

commander announced that they would raid the police station in the Municipality of Sta. Rosa. The plan was to raid the station for firearms then set the station on fire. Sta. Rosa was also the place where the Register of Deeds (RD), where the title of his mother’s property was kept. On the title, the mortgage of SRRB on the property of Andres’ was annotated as proof of the mortgage. The night of the raid came. Andres’ unit was able to acquire two pistols and three long arms from the police station and set the place on fire. As they escaped, Andres passed through SRRB and the RD and threw two Molotov cocktails (fire bombs) at these buildings. The walls of the SRRB and RD were set on fire but fireman soon came and put out the fires and the only fire damage suffered by these buildings was on their walls. You are part of the staff of the Regional Trial Court where the case of Andres Macaraeg is pending. The judge asks you to study the case and determine from the facts what the crime/crimes Andres may be guilty of.

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