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Legal Opinion (Midterms)
Legal Opinion (Midterms)
The Facts
Per our discussion and the documents you have shown me, the
following are the pertinent facts:
Thus, after the pre-trial ensued, the Court is now faced with two
contracts – one, presented by the Rural Bank of Lipa, Inc. and the other,
presented by the lessees of the subject property.
 The applicable law is Section 1 of Rule 70 under the Rules of Court. It
provides that:
What you should have been done instead was to file for an Accion
Publiciana before the Regional Trial Court of Lipa City as provided under
Section 19 of Batas Pambansa Blg. 129, Regional Trial Courts shall exercise
exclusive original jurisidction “in all civil actions which involve the title to, or
possessions of, real property, or any interest therein, where the assessed value of
the property involved exceeds twenty thousand pesos (P20, 000.00) or, for civil
actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,
000.00)..”
Article 434 of the New Civil Code provides that, “In an action to recover,
the property must be identified, and the plaintiff must rely on the strength of his
title and not on the weakness of the defendant’s claim.” In addition, the burden
of proof to present evidence on the facts in issue necessary to establish a claim
or defense by the amount of evidence required by law should be on the
plaintiff.
Finally, in case the Court is faced with two conflicting documents as in the
case you filed before the Municipal Trial Court, the Rules on Evidence shall
govern in relation to the interpretation of documents. Thus, the following rules
shall be considered:
Yours
truly,
Eissel J. Malabanan
LEGAL COUNSEL