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Developing Case Theory

This document discusses developing an effective case theory for a legal case. It provides guidance on ensuring the theory can be proven, is supported by evidence and applicable law, and is consistent with available legal remedies. A hypothetical case is presented where Party A borrowed money from Party B secured by land, but then defaulted. The document analyzes applying the legal definition of an equitable mortgage to recharacterize the transaction. The proposed case theory is that the real intention was an equitable mortgage, not a sale, and the requested legal remedies include rescinding the contract and restoring the parties.

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James Andrew Buenaventura
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438 views

Developing Case Theory

This document discusses developing an effective case theory for a legal case. It provides guidance on ensuring the theory can be proven, is supported by evidence and applicable law, and is consistent with available legal remedies. A hypothetical case is presented where Party A borrowed money from Party B secured by land, but then defaulted. The document analyzes applying the legal definition of an equitable mortgage to recharacterize the transaction. The proposed case theory is that the real intention was an equitable mortgage, not a sale, and the requested legal remedies include rescinding the contract and restoring the parties.

Uploaded by

James Andrew Buenaventura
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Developing Case Theory

VERY IMPORTANT: The theory can


be
successfully proved in court.
Facts are supported by evidence
Founded on applicable law
Consistent with the remedies and
reliefs
availed of under the Rules of Court
1

Case Theory, defined


Particular line of reasoning adopted
by a party to a suit that aims to
being together the facts of the case
in a logical sequence and correlate
them in a manner that produce in the
mind a definite conclusion that may
entitle him to the judgment prayed
for based on certain principles of law;
2

Notes on Case Theory


It is the foundation of a case;
Pleadings must be drawn in
accordance with the theory;
Introduction of evidence is in
accordance with the theory;
The theory remains consistent,
constant through trial and appeal till
the termination of the case;
3

Certain Rules on Case


Theory
As a rule, the theory formulated in the
pleadings binds the litigant and is not allowed
to be changed till the termination of the case;
Amendment of pleading as a matter of right
before the service of a responsive pleading
(or if no responsive pleading is permitted,
before the action is placed in trial calendar);
Thereafter, by leave of court; this may be
refused if the theory is substantially altered;

Hypothetical Case, as Civil


Case
Facts gathered from client, witnesses and other
evidence
A borrowed P50K from B;
To secure the payment, A executed a sale of land in favor of B
with the right to repurchase for a period of one year;
Land has an area of 10 hectares covered by TCT in As name;
B registered the instrument;
A defaulted on payment and failed to redeem the land;
B had had the property judicially consolidated in his name;
Upon Bs demand, A refused to vacate the property and B is
compelled to file an action for recovery of possession as well
as ownership;

B seeks your services as legal counsel;


5

Study of the Case


The document between A and B is a pacto
de retro sale;
Bs intention was not to sell the land but
merely use it as security for the loan;
The value of the land is currently P100,000
to P300,000 per hectare, or a total of P1 to
3 million;
B remained in possession of the property
and is in fact refusing to vacate the
property;
6

Study of the Case,


Article 1602 of the Civil Code provides:
The contract shall be presumed to be an equitable
mortgage in any of the following cases:
1) When the price of the sale with the right to
repurchase is unusually inadequate;
2) When the vendor remains in possession as lessee
or otherwise;
xxx
6) In any other case, where it may be fairly inferred
that the real intention of the parties is that the
transaction shall secure the payment of a debt or the
performance of any other obligation.
7

Developing the Case Theory


The nature of the transaction and real intention
of the parties is equitable mortgage, not a sale
with the right to repurchase;
Interpose affirmative defenses attuned to the
theory of equitable mortgage in the responsive
pleadings;
Reliefs rescission of the contract; restore
parties to their former status; order B to
surrender the certificate of title to ROD for
cancellation and issuance of a TCT in As name;
damages; attorneys fees; costs of suit;
8

Developing the Case


Theory,
Defendant A to b ordered to return to
plaintiff the amount with legal interest until
actual payment is made.
Reference: Legal Counseling With Notes On:
Practicum and Practice Court by Recaredo
P. Barte, 2006 Edition, pages 75-77.
[END OF SLIDES]
9

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