CIVIL CASE

Coco Martyn is a student of the Dr. Vicente Sotto Law School. He has taken up
his Remedial Law Review, Political Law, and Legal Forms subjects 3 times. He
entered law school in 2007. When asked why he has not graduated yet, he
would rationalize that quality education takes time. Many of his former
classmates have already passed the bar while he remained to be a loyal
student of the law school. His grades for the other subjects he has passed
only range from 2.50 to 3.

Coco Martyn is now in his 9th year in law school. He is taking up Remedial Law
Review, Civil Law Review, Political Law Review and Legal Forms. He still has
grades of incomplete for Taxation 1 and Labor 2. Due to the difficulty of the
subjects he is enrolled in, he does not expect to graduate during the school
year. While his classmates are making their plans for the review, Coco Martyn
would distant himself from the others and daydream that someday he too
would graduate.

Coco Martyn did not attend the deliberation. His classmates went to the office
of Paloma, the College Secretary, to check their grades. Out of curiosity,
Cardo checked the grades of Coco Martyn. Lo and behold! Coco Martyn was
given grades of 2.75 for all the subjects he is enrolled in. Thus, Coco Martyn
only needs to get passing grades for Taxation 1 and Labor 2 in order for him
to graduate.

When Cardo told Coco Martin about his discovery, the latter immediately
went to the office of the College Secretary to check his grades. Coco Martyn
discovered that Cardo was telling the truth. Coco Martyn was on cloud nine
and could not believe that for the first time, he passed all the subjects he was
enrolled in. He was so elated that for many nights Coco Martyn could not
sleep well. The thought that if he gets a passing grade for Taxation 1 and
Labor 2 he could finally graduate, also struck him.

Coco Martyn went to see Atty. Bir and Atty. Lab, the instructors for Taxation 1
and Labor 2, respectively, who gave him grades of incomplete. Before Coco
Martyn could open his mouth, Atty. Bir immediately exclaimed, Ill give you 3
for Tax 1. Before even laying his eyes on Atty. Lab, the latter exclaimed,
Youll have 2.75 for Labor 2. You may go. Coco Martyn expressed his
gratefulness and went out while the instructors were left inside sharing their
thoughts about how excited they are on finally not having Coco Martyn, who
has taken their subject 3 times, on their class list for the next semester.

Coco Martyn was so elated because he could finally graduate. He went on a

drinking spree with all the students of the law school and spent P55,000.00.

Enrique and James beguiled Coco Martyn to take the bar immediately. They
claimed that Coco Martyns passing grades were Gods way of telling him that
he will pass the bar. The other students insinuated that Coco Martyn is more
than ready for the bar since it took him 9 years to graduate. The gullible Coco
Martyn believed his friends and made the rationalization that among those
who will graduate, it is him who has experienced quality education because
only he has taken much time to graduate.

Prior to graduation, Coco Martyn, just like his classmates, made preparations
for the review. He told his parents to mortgage their property so that they can
raise the needed funds. Out of the proceeds of the mortgage, Coco Martyn
paid P150,000 as rent for the condo unit where he will stay for the 6-month
review. He also paid P60,000 for the review center.
All review classes would start in April while the graduation was scheduled on
May 30, 2015. Coco Martyn, together with his classmates, went to Manila in
March. Before going to Manila, Coco Martyns parents prepared a send-off
party for Coco Martyn and his classmates, where they spent P100,000.00.
Proudly, Coco Martyns parents made a public announcement about how
excited they are for the graduation of their son.

When Atty. Bir and Atty. Lab saw the tentative list of graduating students,
they were happy to see Coco Martyns name in it, until they learned that
Coco Martyn would take the 2015 bar exams. They were shocked of the news.
Atty. Bir asked, How could someone who barely passed his subjects have
such foolhardiness to take the bar immediately? Atty. Lab also said, He
didnt even pass his subjects; the instructors made him pass out of
exasperation!

The Dr. Vicente Sotto Law School used to have very low passing rate for the
bar exams until the school implemented reforms. For 5 years now, the
schools passing rate range from 80% to 65%. The schools track record has
bothered Atty. Bir and Atty Lab, who have both been aggressive in uplifting
the schools performance in the bar exams.

When the deadline for the submission of the grades came, Atty. Bir and Atty.
Lab each gave a grade of 5 to Coco Martyn for Taxation 1 and Labor 2. Thus,
Coco Martyn was not included in the final list of graduating students.

In the morning of May 30, 2015, Coco Martyn flew from Manila to Tacloban to
attend his graduation. He was wearing a tux worth P50,000 and shoes worth
35,000.00. His family has prepared a surprise party for him. His siblings who
are associates of famous law firms in Makati have gone to Tacloban to attend
the graduation ceremony.

The flight of Coco Martyn was delayed. When he arrived, it was already the
awarding of diplomas. He felt relieved that his name has not been called yet.
He took one of the seats where those with last names which start with the
letter M were supposed to sit. He waited for his name, but his name was
not called. When he checked the invitation, he saw that his name was not on
the list of graduates.

Coco Martyn found out about his grades in Taxation 1 and Labor 2. He
stopped reviewing for the bar but the amounts paid for the review center and
the condo unit were not refunded. Due to embarrassment and frustration,
Coco Martyn developed depression. He became so melancholy until he had a
nervous breakdown. He underwent therapy sessions. One fateful night, while
everybody thought that he was already starting to recover, Coco Martyn
killed himself.

You are one of the siblings of Coco Martyn who is working in one of the
famous law firms in the country. Make a case and prepare a complaint.