PART 1 – TRIAL MEMORANDUM: Consider the following direct testimonies given in a hypothetical case for annulment of contract.

Assume that you are the lawyer for either one of the parties. Using the information given, choose one side and write a memorandum of arguments that the court may consider before deciding the case. 1. Testimony of the Plaintiff

COURT STAFF: (After swearing in the witness) State your name and personal circumstances. WITNESS: I am Anna Geronimo, 35 years old, married and an accountant. ATTY. RICHARD VALDEZ: With the Court’s permission. Ms. Geronimo, do you know the defendant in this case, Mr. Peter Pascual? A: Yes. Q: How do you know him? A: My husband, Raul Geronimo, and I have been friends with him since our college days. Q: Could you please tell us why you filed this suit for annulment of contract with damages against him? A: My husband sold our one-bedroom condominium unit to Mr. Pascual without my consent. Q: Could you please tell us how you learned about the sale? A: I knew about the sale because I was the one who offered the property to Mr. Pascual. Q: Could you please elaborate on that? A: Since we got married in 2006, my husband and I have been living in a one-bedroom condominium unit. When I learned that I was having a baby sometime in 2008, we decided to buy a house to make room for the nanny and all the baby stuff we need. Q: When did you acquire this condo unit? A: My husband bought it in 2001 when he was still single. Q: But you have been living there since you got married? A: Yes. Q: So, how did Mr. Pascual learn about your plan to buy a house? A: Like I said, we were close friends. He usually came to our condo unit for weekend dinners. Sometime in January 2009, I mentioned our plan to him. He said that he would love to buy our condo unit should we finally decide to sell it. He mentioned something about it being a good investment. Q: When did the actual negotiations for the sale of the condo unit start? A: In April 2009, I called Mr. Pascual and informed him that we finally found a house. I told him that we were now selling our condo unit. Since he was still interested in buying it, I offered it to him at P2 million. He said that he will call back once the deed of sale and manager’s check were ready. Q: Did he call back? A: I left for the United States in May 2009 to give birth. He called my husband while I was away. Q: If you were the one who negotiated the sale, why are you saying now that your husband sold the condo unit without your consent? A: While I was in the United States, I decided not to sell the condo unit anymore. I thought it would be better to keep it in the meantime as an investment. Q: Did you tell your husband about this? A: Yes. He called me in June 2009. He said that he already signed the deed of sale and that he already has the manager’s check. When I told him that I already changed my mind, he said that we will just talk about it when I get back. Q: When did you return? A: In September 2009. Q: What happened then? A: I called Mr. Pascual and explained that we were no longer selling the condo unit. I even offered to return his money in cash. Q: Did he agree? A: No. He insisted that the sale had been consummated and refused to accept the money. Q: What did you do? A: I consulted a lawyer and decided to file a suit for annulment of contract with damages. ATTY. RICHARD VALDEZ: That is all for the witness, your honor.

Since the spouses Geronimo have been my friends for a long time. Geronimo? A: Yes. I said that I’ll call back once the deed of sale and manager’s check were ready. since college. They were expecting a baby soon and they would need a nursery room and storage area for their baby stuff. I told Ms. do you know the plaintiff in this case. I thought it might be a good idea to invest and buy my own condo unit. Geronimo that I will buy it should they finally decide to sell it.2. Since there was no valid consent from her end. Geronimo? Did she sign the deed of sale? A: No. Anna Geronimo? A: Yes. Q: When did the deed and payment become ready? A: I immediately asked a lawyer-friend to prepare the necessary deed of sale. Q: Would you know of any reason why she suddenly changed her mind? . Q: Did you accept the offer? A: Yes. Q: Were you able to have it transferred in your name? A: Yes. Mr. Q: What did she say? A: She said that the condo unit was their property. 36 years old. Ms. Q: Did she call? A: Yes. JUDD LAUREL: With the Court’s permission. Geronimo. She asked if I was still interested in buying their condo unit. Ms. Geronimo called me. I told him that the sale could not have come at a better time since I was getting married and will use the condo unit as our conjugal home. he signed the deed of sale. Geronimo. I visited their condo unit. she informed me that they were giving it for P2 million. When I told her I was. Q: What did she say? A: She promised to call me once they have found a house. she told me that they finally found a house. Q: Why not? A: She was in the United States to give birth. Geronimo about that? A: Yes. Q: When? A: In April 2009. she will have the deed of sale annulled. Thus. Q: What did you tell her? A: I told her that they can’t back out now. Q: Were you able to get the certificate of title from Mr. I also prepared a manager’s check for P2 million. After I handed him the manager’s check. I have seen how they took care of their condo unit. Q: How do you know her? A: I have been friends with her and her husband. single and a sales manager. Statement of the Defendant COURT STAFF: (After swearing in the witness) State your name and personal circumstances. ATTY. Q: How about Ms. Q: Could you please tell us how you learned that the condo unit was for sale? A: Sometime in January 2009. Geronimo did not want to sell the condo unit anymore? A: When she returned in September 2009. The sale had been consummated. Raul Geronimo. Geronimo told me that they were planning to buy a house. WITNESS: I am Peter Pascual. I met up with Mr. She said they won’t be selling the condo unit anymore. Sometime in June 2009. Ms. Q: Did you tell Ms. Q: What did you tell her when you heard that? A: Since I have been living in an apartment for several years. Pascual. Q: When did you learn that Ms. Q: Do you know why she filed this suit for annulment of contract with damages against you? A: She claims that her husband sold their one-bedroom condominium unit to me without her consent. Q: To whom was it named? A: It was under the name of Mr.

She’s already married and we have been really good friends. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. I think she might be jealous because I always thought her to be extremely nice and sweet to me. which must be availed of within five years from the date of the contract implementing such decision. Article 1318 of the Civil Code There is no contract unless the following requisites concur: (1) Consent of the contracting parties. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties. and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. the other spouse may assume sole powers of administration. in such a case. Article 124 of the Family Code The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. 2. she told me that she wasn’t happy that I was getting married and was going to use the condo unit as our conjugal home. In case of disagreement. A qualified acceptance constitutes a counter-offer. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. 6. your honor. 5. The offer must be certain and the acceptance absolute. which must be availed of within five years from the date of the contract implementing such decision. Article 1390 of the Civil Code . the disposition or encumbrance shall be void. The contract. and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. Article 1319 of the Civil Code Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. the husband's decision shall prevail. subject to recourse to the court by the wife for proper remedy. the other spouse may assume sole powers of administration. violence. But that’s absurd. 4. 3. JUDD LAUREL: That is all for the witness. Laws and jurisprudence that may apply 1. undue influence. the disposition or encumbrance shall be void. the husband's decision shall prevail. (2) Object certain which is the subject matter of the contract.A: Actually during that phone call. In case of disagreement. ATTY. However. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties. or fraud is voidable. is presumed to have been entered into in the place where the offer was made. Article 96 of the Family Code The administration and enjoyment of the community property shall belong to both spouses jointly. subject to recourse to the court by the wife for proper remedy. In the absence of such authority or consent. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. (3) Cause of the obligation which is established. Article 1330 of the Civil Code A contract where consent is given through mistake. intimidation. In the absence of such authority or consent. However.

G. Except for the self-serving testimony of petitioner Natividad. Jader-Manalo v. Padua. 8. the consent of both husband and wife must concur. This is one instance where the wife’s consent is not required and. there is no evidence that Antonio participated or consented to the sale of the conjugal property. Abalos v. as a consequence of which he would be prejudiced if the former is permitted to deny the existence of such facts. Sr. June 30. Respondent Norma may have been aware of the negotiations for the sale of their conjugal properties. Court of Appeals. otherwise. the disposition is void. G. 462 SCRA 614 The consent of both Eugenia and Antonio is necessary for the sale of the conjugal property to be valid. ownership of the thing sold shall not be transferred to the vendee until actual or constructive delivery of the property.R. the Court ruled that the husband may sell property belonging to the conjugal partnership even without the consent of the wife if the sale is necessary to answer for a big conjugal liability which might endanger the family’s economic standing. Even granting that respondent Norma actively participated in negotiating for the sale of the subject properties. 155043. no judicial intervention is necessary. her written consent to the sale is required by law for its validity. even though there may have been no damage to the contracting parties: (1) Those where one of the parties is incapable of giving consent to a contract. Respondent Norma Camaisa admittedly did not give her written consent to the sale. Jr. 2007. However.R. a contract of sale is perfected at the moment there is a meeting of the minds upon the thing which is the object of the contract and upon the price. petitioner herself admits that Norma refused to sign the contracts to sell. No. January 31. 165420. the disposition made by Eugenia is voidable. 147978. G.. whether intentionally or through culpable negligence. Ainza v. January 23. undue influence or fraud. representations or admissions or silence when he ought to speak out. no real concurrence of offer and acceptance. hence." 12. April 30. 2005.The following contracts are voidable or annullable. Article 1431 of the Civil Code Through estoppel an admission or representation is rendered conclusive upon the person making it. However. 439 SCRA 649 Being essentially consensual. Malbarosa v. In Tinitigan v. Inc. 2004. 7. 125761.R. Sta. Unless the offeror knows of the acceptance. G. September 30. 2002. 2003. violence. G. Macatangay. Antonio’s consent cannot be presumed. The contract is perfected only from the time an acceptance of an offer is made known to the offeror. No. in the absence of Antonio’s consent. (2) Those where the consent is vitiated by mistake. and cannot be denied or disproved as against the person relying thereon. No. These contracts are binding.. 11. 9. The properties subject of the contracts in this case were conjugal. which she denied. If an offeror prescribes the exclusive manner in which acceptance of his offer shall be . for the contracts to sell to be effective. The offeror may withdraw its offer and revoke the same before acceptance thereof by the offeree. [T]he husband may dispose of conjugal property without the wife’s consent if such sale is necessary to answer for conjugal liabilities mentioned in Articles 161 and 162 of the Civil Code. Therefore. 374 SCRA 498 The law requires that the disposition of a conjugal property by the husband as administrator in appropriate cases requires the written consent of the wife. Lucia Realty and Development. 513 SCRA 570 [A] person is considered in estoppel if by his conduct. unless they are annulled by a proper action in court. impliedly. No. No. "causes another to believe certain facts to exist and such other rightfully relies and acts on such belief.R. being merely aware of a transaction is not consent. Eugenia alone is incapable of giving consent to the contract. 402 SCRA 168 The acceptance of an offer must be made known to the offeror. Camaisa.. intimidation. Significantly. Tinitigan.R. there is no meeting of the minds of the parties. Co Chien v. 10. 162090. They are susceptible of ratification.

G. Ravina v. October 16. an attempt on the part of the offeree to accept the offer in a different manner does not bind the offeror as the absence of the meeting of the minds on the altered type of acceptance. a person dealing with land registered in the name of and occupied by the seller need only show that he relied on the face of the seller's certificate of title.R. 13. he must show that he inquired into the latter's capacity to sell in order to establish himself as a buyer for value in good faith. they were apprised by Mary Ann’s lawyer of her objection to the sale and yet they still proceeded to purchase the property without Mary Ann’s written consent. An offer made inter praesentes must be accepted immediately. 160708. Pedro was married to Mary Ann. No. No. the property is registered in the name of Pedro and his wife.indicated by the offeree. The acceptance by the offeree of the offer after knowledge of the revocation or withdrawal of the offer is inefficacious. 2009. Villa Abrille. Bautista v. Petitioners cannot deny knowledge that during the time of the sale in 1991. If the parties intended that there should be an express acceptance. On the other hand. G. The termination of the contract when the negotiations of the parties terminate and the offer and acceptance concur. Even assuming that petitioners believed in good faith that the subject property is the exclusive property of Pedro. However. such as by Articles 166 and 173 of the Civil Code or Article 124 of the Family Code. is largely a question of fact to be determined by the trial court.R. Silva. September 19. 14. 502 SCRA 334 To establish his status as a buyer for value in good faith. 157434. The contract is not perfected if the offeror revokes or withdraws its offer and the revocation or withdrawal of the offeror is the first to reach the offeree. Mary Ann’s conformity did not appear in the deed. But for a person dealing with land registered in the name of and occupied by the seller whose capacity to sell is restricted. 2006. Mary Ann. . 604 SCRA 120 In the present case. an acceptance of the offer in the manner prescribed will bind the offeror. An acceptance which is not made in the manner prescribed by the offeror is not effective but constitutes a counter-offer which the offeror may accept or reject. the contract will be perfected only upon knowledge by the offeror of the express acceptance by the offeree of the offer.

Sanchez: I am writing in reference to your letter dated November 18. Q: What exactly happened? A: We have just ordered some spaghetti and sundaes. 2011 Q: Mara. Very truly yours. 2010 Judy Ann Sanchez 911 Bluewhale Street Palanan. When you asked Judy Ann what she has done so far with the case. I told the crew to call an ambulance. Anna Batungbacal. When you asked about the management’s response to her demand for damages. Our conversation helped us understand each other’s situation. we found out that there was a birthday party upstairs and it was closed to the public. she met the McBee mascot (which was a pink bee) who was hurrying down with another crew member. she gave you the following letter: December 15. she told you that she asked the management of McBee-Metropark Branch to pay her P100. Since the mascot was so big. she suffered pain and was greatly inconvenienced by the weekly physical therapy she was undergoing since the accident. we decided to eat at the second floor. we truly understand how you and your family feel about the incident.000 in damages for what she suffered. We truly hope to see you and your family in our store again. Although the management paid for the hospital bills. Judy Ann Sanchez has come to consult you about the possibility of her bringing a lawsuit against McBee as a result of the injuries she sustained after she fell from the food chain’s staircase. When I realized what happened. The following is your interview with her. any past misunderstanding has been cleared up. 2010 addressed to Ms. at McBee-Metropark Branch are very sorry for any inconvenience your family may have experienced in connection with your unfortunate accident last October 18. Q: Did you go upstairs? A: Yes. Q: So where did you eat? A: I approached a crew and asked if he could find a table for us. Q: What happened next? A: On her way up. She endorsed your letter to me as Operations Manager in charge of the McBee-Metropark Branch. 2010. your assessment of the issues involved. Q: What did your mother do? A: She was crying. As Ms. My mother went up first. Judy Ann. Batungbacal and I told you during our hospital visit on October 19. . and the possible courses of action that may be taken under the law. back and buttocks on each step. 2010? A: I was at McBee-Metropark Branch with my mother. Q: What happened then? A: My mother lost her balance. Q: What did he do? A: He said that the birthday party was about to end so we can go up and eat there. Q: What happened next? A: The store manager approached us. Judy Ann Sanchez January 10. and we can now put this unfortunate incident behind us. Q: Did you see your mother fall from the staircase? A: Yes. Mara Clarita. write (1) a brief legal opinion/advice specifying the relevant facts of the case. he hit my mother by the shoulder. But when we reached the staircase. Thank you. accompanied by client. the legal problems raised by your hypothetical client. Makati City Dear Ms. We. She complained of extreme back pain and could not stand up. to the interview. Mara Clarita witnessed what happened. and (2) one legal document that may be used in connection with your recommended course of action. She missed four steps and hit her head. Based on the information given. Two crew members carried my mother and we brought her to the nearest hospital for treatment. Judy Ann brought along her daughter. Please accept my sincerest apologies in behalf of the McBee-Metropark Branch team. I hope that with this. She said that it would be faster if we use her car on the way to the hospital. Interview with Mara Clarita Sanchez.PART 2 – LEGAL OPINION: Below is an exchange between you and a hypothetical client. Since the ground floor was already filled with people. We assure you that we will continue to shoulder all expenses related to your weekly physical therapy until such time that you are fully restored to your previous health. Q: What did you when you saw your mother? A: I was shocked and temporarily rendered motionless. shoulders. I immediately rushed to my mother’s side. where were you on October 18. Manager of the McBee-Metropark Branch. 2010.

Article 2176 of the Civil Code Whoever by act or omission causes damage to another. if there is no pre-existing contractual relation between the parties. is called a quasi-delict and is governed by the provisions of this Chapter. Article 2180 of the Civil Code The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions. moral shock. . 2. xxx xxx xxx The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article. 7. Article 2215 of the Civil Code In contracts. Article 2179 of the Civil Code When the plaintiff's own negligence was the immediate and proximate cause of his injury. and similar injury. 3. the immediate and proximate cause of the injury being the defendant's lack of due care. (4) That the loss would have resulted in any event. he cannot recover damages. the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. 6. Article 2214 of the Civil Code In quasi-delicts. quasi-contracts. 8. 4. that the defendant acted upon the advice of counsel. Though incapable of pecuniary computation. liquidated or exemplary damages. is obliged to pay for the damage done. (3) In cases where exemplary damages are to be awarded. But if his negligence was only contributory. there being fault or negligence. nominal. mental anguish.McBee Foods Corporation By: Ted Pallone Operations Manager – Metro Manila (South) Area Laws and jurisprudence that may apply 1. Article 2202 of the Civil Code In crimes and quasi-delicts. even though the former are not engaged in any business or industry. but the courts shall mitigate the damages to be awarded. according to the circumstances of each case. is left to the discretion of the court. temperate. 10. the defendant has done his best to lessen the plaintiff's loss or injury. negligence. moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. and those who in any manner contravene the tenor thereof. besmirched reputation. Such fault or negligence. social humiliation. Article 1170 of the Civil Code Those who in the performance of their obligations are guilty of fraud. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. fright. but also for those of persons for whom one is responsible. The assessment of such damages. 9. the contributory negligence of the plaintiff shall reduce the damages that he may recover. 5. as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract. are liable for damages. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks. Article 2217 of the Civil Code Moral damages include physical suffering. Article 2203 of the Civil Code The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. may be adjudicated. wounded feelings. except liquidated ones. serious anxiety. and quasi-delicts. Article 2216 of the Civil Code No proof of pecuniary loss is necessary in order that moral. or delay. (2) That the plaintiff has derived some benefit as a result of the contract. the plaintiff may recover damages. xxx xxx xxx The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. (5) That since the filing of the action.

one cannot exist with the other. serious anxiety. No. though incapable of pecuniary estimation. is always necessary before negligence can be held to exist. 143951. 179337. whereby such other person suffers injury. showing that the immediate or proximate cause of the damage or injury was a fortuitous event would not exempt one from liability. and similar injury unjustly caused a person. v. Catubig-Pastoral. as much as possible.R. and not for the purpose of indemnifying the plaintiff for any loss suffered by him. August 22. 2005. Article 2231 of the Civil Code In quasi-delicts. 467 SCRA 569 The test for determining whether a person is negligent in doing an act whereby injury or damage results to the person or property of another is this: could a prudent man. respondents must show that no negligence or misconduct was committed that may have occasioned the loss. are designed to compensate and alleviate in some way the physical suffering. Tagorio. moral shock. November 25. Court of Appeals. G. Reasonable foresight of harm. mental anguish. When the effect is found to be partly the result of a person's participation . G. 14. guided by those considerations which ordinarily regulate the conduct of human affairs.whether by active intervention. G." On the other hand. 20. No. G. social humiliation. No. It is "a fortuitous circumstance.R. Philippine National Construction Corporation v. Moral damages are awarded to enable the injured party to obtain means. an event happening without any human agency.R." Accident and negligence are intrinsically contradictory. Court of Appeals. the law imposes a duty on the actor to refrain from that course or to take precautions to guard against its mischievous results. by reason of the defendant's culpable action. would do. wounded feelings. xxx xxx xxx 12. liquidated or compensatory damages.11. April 30. (2) the accident must have been caused by an agency or instrumentality within the exclusive management or control of the person charged with the negligence complained of. that degree of care. 321 SCRA 375 An accident pertains to an unforeseen event in which no fault or negligence attaches to the defendant. for the protection of the interest of another person. event or happening. G. 15. Negligence is "the failure to observe. 476 SCRA 236 The doctrine of res ipsa loquitor applies where (1) the accident was of such character as to warrant an inference that it would not have happened except for the defendant's negligence. and (3) the accident must not have been due to any voluntary action or contribution on the part of the person injured. 13. Article 2219 of the Civil Code Moral damages may be recovered in the following and analogous cases: xxx xxx xxx (2) Quasi-delicts causing physical injuries. Inc. G.the whole occurrence is humanized and removed from the rules applicable to acts of God. Court of Appeals. 2005. Philippine National Construction Corporation v. nonetheless. besmirched reputation. December 21. Article 2221 of the Civil Code Nominal damages are adjudicated in order that a right of the plaintiff. in the position of the person to whom negligence is attributed. 1999. No.R. exemplary damages may be granted if the defendant acted with gross negligence. 19. fright. in addition to the moral. 159270. neglect or failure to act . followed by the ignoring of the admonition born of this provision. 18.R. contributing as a legal cause to the harm he has suffered. Accident occurs when the person concerned is exercising ordinary care. Mangaliag v. and the failure to do so constitutes negligence. Jarco Marketing Corporation v. One's negligence may have concurred with an act of God in producing damage and injury to another. 474 SCRA 153 It must be remembered that moral damages. No. October 25. 159270. Saludaga v. 150920. Its award is aimed at restoration. or if happening wholly or partly through human agency. which falls below the standard to which he is required to conform for his own protection. An act of God cannot be invoked to protect a person who has failed to take steps to forestall the possible adverse consequences of such a loss. an event which under the circumstances is unusual or unexpected by the person to whom it happens. negligence is the omission to do something which a reasonable man. which has been violated or invaded by the defendant. diversions or amusements that will serve to alleviate the moral suffering he/she has undergone. 2008. 17. Child Learning Center. No. precaution and vigilance which the circumstances justly demand. Article 2229 of the Civil Code Exemplary or corrective damages are imposed. of the spiritual status quo ante.R. 16. 553 SCRA 741 In order for force majeure to be considered. Far Eastern University. it must . 2005. which is not caused by fault of any person and which could not have been prevented by any means suggested by common prudence. 467 SCRA 569 Contributory negligence is conduct on the part of the injured party. August 22. may be vindicated or recognized. thus. or the doing of something which a prudent and reasonable man would not do. 2005. by way of example or correction for the public good. temperate. foresee harm to the person injured as a reasonable consequence of the course actually pursued? If so. 129792.

551 SCRA 618 In the case of moral damages. 170813. 170813. Alejandro. September 21. April 16. by way of example or correction for the public good. April 16. too. In order that an award of moral damages can be aptly justified. G. the court will decide whether or not they should be adjudicated. G. moral shock.R. Exemplary damages cannot be recovered as a matter of right.F. Lomotan. exemplary damages may be granted if the defendant acted with gross negligence. 533 SCRA 738 [N]ominal damages may be awarded to a plaintiff whose right has been violated or invaded by the defendant. Moral damages are not punitive in nature but are designed to compensate and alleviate the physical suffering. Its award is thus not for the purpose of indemnification for a loss but for the recognition and vindication of a right. a culpable act or omission factually established. the plaintiff must show that he is entitled to moral. Lomotan. serious anxiety.R. recovery is more an exception rather than the rule. Metal (Corporation) v. besmirched reputation. No. in addition to moral. 21. In fine.be proportionate to the suffering inflicted. 23. 175587. 22. No. an award of moral damages would require. G. and similar harm unjustly caused to a person. Metal (Corporation) v. and not for indemnifying the plaintiff for any loss suffered by him. mental or psychological suffering sustained by the claimant. Then. 2008. Since each case must be governed by its own peculiar circumstances. 2007. Indeed. While the amount of the exemplary damages need not be proved. evidence of besmirched reputation or physical. . temperate. there is no hard and fast rule in determining the proper amount. for the purpose of vindicating or recognizing that right. and fourthly. B. wounded feelings. thirdly. secondly. Philippine Commercial International Bank v.F. B. 2008. nominal damages are damages in name only and not in fact. the claimant must be able to satisfactorily prove that he has suffered such damages and that the injury causing it has sprung from any of the cases listed in Articles 2219 and 2220 of the Civil Code. They are recoverable where some injury has been done but the pecuniary value of the damage is not shown by evidence and are thus subject to the discretion of the court according to the circumstances of the case. proof that the wrongful act or omission of the defendant is the proximate cause of the damages sustained by the claimant. firstly. that the case is predicated on any of the instances expressed or envisioned by Article 2219 and Article 2220 of the Civil Code.R. the damages must be shown to be the proximate result of a wrongful act or omission. liquidated or compensatory damages. The claimant must establish the factual basis of the damages and its causal tie with the acts of the defendant. No. In quasi-delicts. temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. fright. 551 SCRA 618 Exemplary or corrective damages are imposed. social humiliation. mental anguish.

(Article 96. prosecution and punishment of crimes against humanity and war crimes are also customary norms of international and therefore binding on all States. (4%) Suggested Answer: The proposed amnesty law is contrary to international law. the Thai Government. pp. 2009 Revised Edition.N. (R. International human rights groups argued that the proposed amnesty law is contrary to international law. 185) III. Charter) As to jurisdiction over the persons or parties (ratione personae). On the other hand. After the hearings. 2009 Revised Edition. (Art. former royal guards and the secessionist Gordon People’s Army. ( R. in whole or in part. In the course of his coverage. Public International Law Bar Reviewer. A. ( R. (Article 36. the jurisdiction of the ICJ covers legal disputes which the States refer to it. the same may still constitute the Crime Against Humanity of Extermination if the mass killing was widespread and systematic or the War Crime of Intentionally Attacking Civilians if the same took place in the context of or was associated with an armed conflict. Despite warnings given by the Thai Prime Minister to foreigners. The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. was covering the violent protests of the Thai Red-Shirts Movement in Bangkok. the Commission recommended that an amnesty law be passed to cover even those involved in mass killings of members of indigenous groups who opposed President A. The indigenous group may constitute an ethnic group which is protected by the law on Genocide. Sarmiento. and shall be complementary to national criminal jurisdictions. The international norm for the prevention. The norm for the prevention.N. 308). Abe. the jurisdiction of the ICC is limited to the most serious crimes of concern to the international community as a whole. prosecution and punishment of Genocide is a peremptory (just cogens) norm of international law and.Suggested ANSWERS to the 2010 BAR EXAM Questions on Public International Law I. Rome Statute) On the other hand. particularly: (a) the Crime of Genocide. Public International Law Bar Reviewer. Decide with reasons. July 31. or representatives and they were not acting on the instructions of. (b) any question of international law. if established. January 17. The new government constituted a Truth and Reconciliation Commission to look into the serious crimes committed under President A’s regime. A. while the jurisdiction of the International Court of Justice (ICJ) deals with contentious proceedings between States. only States may be parties in cases before the ICJ and their consent is needed for the ICJ to acquire jurisdiction. (Prosecutor v. (Prosecutor v. Is there state responsibility on the part of Thailand? (2%) What is the appropriate remedy available to the victim’s family under international law? (3%) Suggested Answer: A. 2005) Even if the mass killing was not committed with the dolus specialis to destroy the ethnic group as such. As to subject matter jurisdiction (ratione materiae). 2003) Thus. This includes disputes concerning: (a) the interpretation of a treaty. there is no state responsibility on the part of Thailand because the acts of the Thai Red-Shirts were not the acts of Thailand. upon their request and when so authorized by the General Assembly. he was killed with a stray bullet which was later identified as having come from the ranks of the Red-Shirts. The Thai Red-Shirts are not its officials. and (d) the nature or extent of the reparation to be made for the breach of an international obligation. ICTY. or under the direction or control of. and (d) the Crime of Aggression. therefore. would constitute a breach of an international obligation. ICJ Statute) The ICJ also has jurisdiction to give an advisory opinion on any legal question as may be requested by the General Assembly or the Security Council or on legal questions arising within the scope of the activities of other organs and specialized agencies of the U. Blagojevic and Jokic. Stakic. (c) War crimes. U. A moved around the Thai capital. the ICC shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern. Under the Principle of Attribution or Imputation. 2009 Revised Edition. non-derogable. (b) Crimes against Humanity. 65-66) . 1. Sarmiento. specially journalists. (3%) Suggested Answer: The jurisdiction of the International Criminal Court (ICC) primarily deals with the prosecution of individuals for core international crimes. then the crime of Genocide was committed. The wife of A sought relief from Thai authorities but was refused assistance. B. agents. No. p. If the mass killing was committed with the intent to destroy (dolus specialis) the said ethnic group as such. (c) the existence of any fact which. Republic of Gordon has the obligation under international law to prosecute and punish all those involved in the mass killing of the members of the indigenous group and providing amnesty to those involved is violative of this obligation. p. Public International Law Bar Reviewer. Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice. a State only incurs liability for individual acts or omission which can be attributed to it. a British photojournalist. ICTY. Sarmiento. II.

” Because of the importance of the values it protects. International Law: Cases and Materials. the victim’s family has no appropriate remedy under international law. 233) To be valid in international law.J. E.” which is non-derogable both during peacetime and in a situation of armed conflict. December 10. B.” cannot curtail migration from the offending state. must ensure that all states consent to its act. Free associations represent a middle ground between integration and independence. ICTY. All have since become independent states. the Supreme Court had ruled that the concept of association under international law is not recognized under the 1987 Constitution as it runs counter to the . What is the concept of association under international law? (2%) Suggested Answer: Under international law. acts of retorsion should not be excessive when compared to the unfriendly acts committed by the offending State. B. Moreover. subject to derogation when national security is threatened.” can expel the nationals of the offending state. Sarmiento. (2%) Suggested Answer: D. Charter to settle their disputes by peaceful means in such a manner that international peace and security and justice are not endangered. the associate. D. one state. Vincent and Grenada. St. “A State which resorts to retorsion in international law should apply proportionate response within appreciable limits. Unless the Red-Shirts becomes the new Government of Thailand or Thailand acknowledges and adopts the conduct of the Red-Shirts as its own. Kitts-Nevis-Anguilla.. the principal. internal political in stability or any other public emergency. Furundzija. Which statement best completes the following phrase: (1%) “Freedom from torture is a right A.B. if only available under the domestic laws of Thailand by the institution of the appropriate criminal cases against the persons responsible for A’ killing and the filing of an action to recover damages arising from A’s death. Their remedy.I. St.” Article 2(2) of the U. delegates certain responsibilities to the other. Explain your answer. Int'l L. a norm that enjoys a higher rank in the international hierarchy than treaty law and even ordinary customary rules. C. ( Henkin. that is. 2009 Revised Edition. St. “Freedom from torture is a right which is non-derogable both during peacetime and in a situation of armed conflict. The most conspicuous consequence of this higher rank is that the norm prohibiting torture cannot be derogated from by States through international treaties or local or special customs or even general customary rules not endowed with the same normative force. (C.M. 2nd ed. Reisman. E. ( R. Convention Against Torture provides that “No exceptional circumstances whatsoever. In international practice. the prohibition of torture has evolved into a peremptory norm or jus cogens. C. D. Lucia. IV. Examples of states that have passed through the status of associated states as a transitional phase are Antigua. Keitner and W. whether a state of war or a threat of war. XI.” should apply proportionate response within appreciable limit.” both (a) and (b) none of the above. 274 (1987)) In deciding the constitutionality of the Memorandum of Agreement on the Ancestral Domain (MOA-AD) Aspect of the GRP-MILF Tripoli Agreement on Peace of 2001. 1998) XXVII. In the basic model.N.. 1 (2003)). ( Prosecutor v.N. et al. may be invoked as a justification of torture. Dominica.” Retorsion consists in retaliation where the acts complained of do not constitute a legal ground of offense but are rather in the nature of unfriendly acts done primarily in pursuance of legitimate State interests but indirectly hurtful to other States. Free Association: The United States Experience. Public International Law Bar Reviewer. p. they should not violate a State’s obligation under Article 2(3) of the U.” confined only during custodial investigation. Choose the statement which appropriately completes the opening phrase: “A State which resorts to retorsion in international law A. while maintaining its international status as a state. 39 Tex. if any.” None of the above. an association is formed when two states of unequal power voluntarily establish durable links. the "associated state" arrangement has usually been used as a transitional device of former colonies on their way to full independence. Suggested Answer: C.

R. 2008) . (Province of North Cotabato v. Oct. GRP Peace Panel on Ancestral Domain. 14.national sovereignty and territorial integrity of the Republic. 183591. No. G.

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