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LAW ON NATURAL RESOURCES AND

ENVIRONMENTAL LAW DEVELOPMENTS

FINAL EXAM

PRACTICAL EXAM: PLEADING WRITING

(NOVEMBER 6, 2017; 7:35-9:30 PM)

Instructions: Submit your output via email to tinquibod.addulaw@gmail.com


on or before 9:30 PM. In your email, there must be two attachments: a.) Counter
Affidavit and b.) Judicial Affidavit. The file name must contain your surname and
the type of pleading (example: NACHURA_Counter Affidavit and
NACHURA_Judicial Affidavit)

Good luck and enjoy, Panyero/Panyera

I. AS COUNSEL FOR THE RESPONDENT, PREPARE A COUNTER-


AFFIDAVIT BEFORE THE OFFICE OF THE OMBUDSMAN AGAINST
THE AFFIDAVIT-COMPLAINT FILED BY WILSON B. QUE CITED
BELOW. CITE APPLICABLE LAWS, RULES AND JURISPRUDENCE.
(50 POINTS)

AFFIDAVIT-COMPLAINT

I, WILFREDO B. QUE, of legal age, married, and a resident of


Sasa, Davao City, after having been duly sworn in accordance
with law, hereby depose and say that:
1. I am instituting this complaint against SPO1 Dexter
Corpuz, a member of the Provincial Task Force on Illegal Logging,
for GRAVE MISCONDUCT, CONDUCT PREJUDICIAL TO THE
BEST INTEREST OF THE SERVICE and for VIOLATION of
SECTION 4 of REPUBLIC ACT NO. 6713 or the CODE OF
CONDUCT AND ETHICAL STANDARDS FOR PUBLIC
OFFICIALS AND EMPLOYEES;
3. That sometime in On March 8, 1994, SPO1 Corpuz,
together with SPO1 Zaldy Asuncion and SPO1 Elmer Patoc went
on patrol around the area. I was on board a truck traversing the
area and without any valid reason, they followed the truck and
apprehended it at the Marcos Bridge.
4. Without any valid search warrant SPO1 Corpuz checked the
cargo and found that it contained coconut slabs. SPO1 Corpuz
asked the undersigned for the Cargos supporting documents,
specifically: (1) certificate of lumber origin, (2) certificate of
transport agreement, (3) auxiliary invoice, (4) receipt from the
DENR, and (5) certification from the forest ranger regarding the
origin of the coconut slabs.
5. I showed SPO1 Corpuz a certification from the Community
Environment and Natural Resources Office (CENRO), Sanchez
Mira, Cagayan which was my basis for legally acquiring the said
slabs. The certification was issued to facilitate transport of the
slabs from Sanchez Mira, Cagayan to San Vicente, Urdaneta,
Pangasinan.
6. After which, SPO1 Corpuz brought the undersigned to the
office of the Provincial Task Force at the provincial capitol without

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a valid warrant of arrest, without informing the latter of the cause
or reason thereof and without assistance of counsel.
7. That the wrongful search and arrest of the undersigned by
SPO1 Corpuz resulted in the filing of criminal complaint for
violation of PD 705 against the undersigned thus, causing
DISHONOR, DISCREDIT and CONTEMPT to the person of the
undersigned considering that he is a law abiding citizen and an
honest, well-known business man-philanthropist.
17. With the foregoing and in the interest of JUSTICE, I am
formally instituting this Complaint so that the abusive, unjust,
violent, unlawful and criminal acts committed by SPO1 DEXTER
CORPUZ, will never be countenanced. SPO1 CORPUZ failed to
uphold the principle that a PUBLIC OFFICE is a PUBLIC TRUST,
but instead he unlawfully used his position and abused his
authority as such to cause harassments, violence and
intimidation. Hence, I most respectfully pray unto to the
Honorable Office of the Ombudsman that an appropriate
ADMINISTRATIVE DISCIPLINARY INVESTIGATION will be
conducted on the matter and that the respondent SPO1 DEXTER
CORPUZ be made accountable for his abusive acts and/or
administrative offenses and gross ignorance of the law.
18. I earnestly pray that after a prompt and due
investigation, the Honorable Office of the Ombudsman will
render a DECISION finding the said respondent GUILTY of
GRAVE MISCONDUCT, CONDUCT PREJUDICIAL TO THE
BEST INTEREST OF THE SERVICE and VIOLATION of
REPUBLIC ACT NO. 6713 or the Code of Conduct and
Ethical Standards for Public Officials and Employees and
that she be meted out with the corresponding administrative
penalty of DISMISSAL FROM THE SERVICE, together with all
its accessory penalties.
19. Finally, I am voluntarily executing this AFFIDAVIT-
COMPLAINT to attest to the veracity of the foregoing and to
apprise the concerned authorities on the matter as well as to
formally institute an ADMINISTRATIVE COMPLAINT against
SPO1 CORPUZ for GRAVE MISCONDUCT, CONDUCT
PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE
and for VIOLATION of SECTION 4 of REPUBLIC ACT NO. 6713
or the CODE OF CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES;

IN WITNESS WHEREOF, I have hereunto set my hand this ___


day of __________________, 2012 in ______________________,
Philippines.

WILFREDO B. QUE
Affiant

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II. AS COUNSEL FOR TEODORICO SANTOS, PREPARE A JUDICIAL
AFFIDAVIT FOR THE DEFENDANT BASED ON THE COMPLAINT
FOR REVERSION CITED BELOW. (50 POINTS)

COMPLAINT

Plaintiff REPUBLIC OF THE PHILIPPINES, by counsel, respectfully


avers:
1. Plaintiff is a sovereign political entity with capacity to sue and to
whom all lands of the public domain belong. It is represented
herein by the DENR, through its Regional Executive Director,
and may be served with judicial processes at the Office of the
Solicitor General (OSG), 134 Amorsolo Street, Legaspi Village,
Makati City.
2. Defendant TEODORICO V. SANTOS is a Filipino, married, of legal
age and a resident of 3012 SE 52nd Avenue, Portland, Oregon
972062112, U.S.A., where he may be served with summons and
other court processes.
3. Defendant Perla B. SANTOS, wife of TEODORICO SANTOS, is a
Filipino, of legal age and a resident of 3012 South East 52nd
Porland, Oregon 97206, U.S.A., where he may be served with
summons and other court processes.
4. Defendant Register of Deeds of Davao City, who is impleaded
herein as a nominal party, is the official charged with the duty of
issuing and canceling certificates of title covering lands in Davao
City. He may be served with summons and other court processes
at the Hall of Justice, Ecoland, Davao City.
5. This pertains to the lot covered by Original Certificate of Title
(O.C.T.) No. P-9372 registered in the name of TEODORICO
V. SANTOS containing an area of Nine Hundred Seventy Five (975)
square meters. The said lot is situated at Barrio Marapangi, Toril,
Davao City and identified as Lot No. 7993-A, a portion of Lot No.
7993, Cad. 102, which is identical to Lot No. 8240, Cad. 102
approved under Csd-11-05729-D.
6. On September 30, 1977, TEODORICO V. SANTOS filed a Free
Patent Application F.P.A. No. (XI-1)19675-A over the subject lot
claiming, among other things, to be the actual possessor and
occupant of the land who made improvements thereon to the
exclusion of other persons and alleging that the same is free from
any adverse legal claims.
7. On October 15, 1979, on the basis of the aforesaid representation
and application, the then Bureau of Lands issued in his favor Free
Patent No. (XI-1)3731. Thereafter, the corresponding OCT No. P-
9372 was issued in his name.
8. On July 6, 1998, a protest was filed by the spouses Ricky and
Lucy Torres against the claim of defendant SANTOS over the
ownership of the subject lot. On March 22, 1999, an investigation
was conducted by the DENR on the subject land and the
investigation report shows that TEODORICO V. SANTOS never
entered, nor was ever in possession, of the parcel of land covered
by the aforementioned OCT No. 9372.
9. By employing fraudulent means and misrepresentation in order
to secure Free Patent No. (XI-1)3731 and OCT No. P-9372 over the
subject land, defendant SANTOS violated Section 91 of
Commonwealth Act No. 141, otherwise known as the Public Land
Law, as amended, which provides that:

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10. SEC. 91. The statements made in the application shall be
considered as essential conditions and parts of any concession,
title, or permit issued on the basis of such application, and any
false statement therein or omission of facts altering, changing, or
modifying the consideration of the facts set forth in such
statements, and any subsequent modification, alteration, or
change of the material facts set forth in the application shall ipso
facto produce the cancellation of the concession, title, or permit
granted. It shall be the duty of the Director of Lands, from time
to time and whenever he may deem it advisable, to make the
necessary investigations for the purpose of ascertaining whether
the material facts set out in the application are true, or whether
they continue to exist and are maintained and preserved in good
faith, and for the purposes of such investigation, the Director of
Lands is hereby empowered to issue subpoenas and subpoenas
duces tecum and, if necessary, to obtain compulsory process from
the courts. In every investigation made in accordance with this
section, the existence of bad faith, fraud, concealment, or
fraudulent and illegal modification of essential facts shall be
presumed if the grantee or possessor of the land shall refuse or
fail to obey a subpoena or subpoena duces tecum lawfully issued
by the Director of Lands or his authorized delegates or agents, or
shall refuse or fail to give direct and specific answers to pertinent
questions, and on the basis of such presumption, an order of
cancellation may issue without further proceedings.

P R A Y E R

WHEREFORE, it is respectfully prayed that after trial, judgment be


rendered, as follows:
1. Declaring Free Patent No. (XI-1)3731 and it s corresponding OCT
No. P-9372 issued in the name of TEODORICO V. SANTOS, null
and void ab initio.
2. Ordering defendant SANTOS to surrender the owners duplicate
of OCT No. P-9372 to defendant Register of Deeds of Davao City.
3. Ordering defendant Register of Deeds of Davao City to cancel OCT
No. P-9372 registered in the name of TEODORICO V. SANTOS.
4. Ordering the reversion to the mass of public domain of Lot No.
7993-A, a portion of Lot No. 7993, Cad. 102, which is identical to
Lot No. 8240, Cad. 102 approved under Csd-11-005729-D,
covered by the above free patent and original certificate of title.
5. Directing defendant SANTOS and any other person claiming under
him to desist from exercising acts of ownership or possession over
the aforesaid land.

Plaintiff prays for such other reliefs just and equitable under the
premises.

Makati City, August 22, 2017


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