CASE STUDY & PRACTICAL EXEERCISES IN

CIVIL PROCEDURE

Facts of the Case:

Siblings Silvestre and Sylvia de la Torre consult you for legal advise. They discovered
that last December 2009, as they were commemorating the death anniversary of their father,
Sixto de la Torre that prior to his death in December 2, 2002, he executed a Quitclaim in
consideration of ONE PESO over Lot No. 7210 located in Ajong, Sibulan, Negros Oriental, in
favor of their mother, Amalia Gomez. The deed of Quitclaim was executed way back in 2001.

In 2006, Amalia Gomez vda de de la Torre sold Lot No. 7210 in favor of their tenant and
Tiburcio Torres, who succeeded in obtaining a transfer certificate in his name. Tiburcio Torres
and his predecessors-in-interest had been tenants on the land long before it was inherited by
Sixto de la Torre. The following year, Amalia also died. Since 2006, Tiburcio Torres, who is also
half brother of their mother, continued his possession of Lot No. 7210 up to the present.

Lot No. 7210, prior to the sale in favor of Tiburcio Torres, was covered by Transfer
Certificate of Title No. 11057 registered under the name of Sixto de la Torre married to Amalia
Gomez. This property was acquired by way of inheritance from the grandparents of Sixto de la
Torre. Up to the present, this property is still declared for taxation purposes in the name of Sixto
de la Torre.

According to Silvestre, the signature of their father was also forged, as in 2001, he was
already senile and suffering from Parkinson’s disease, making it impossible for him to even
write. He also related that they have already confronted Tiburcio Torres, who they still believe to
be possessing Lot No. 7210 as their tenant, however, the latter insisted his ownership over the
lot.

While their confrontation before the Lupon of Barangay Ajong happened over a year ago,
nonetheless, they are able to seek legal advise only recently, as his sibling, Susana suffered a
massive stroke, which left her physically and mentally disabled.

Silvestre related that he has two siblings and provide the following information:

1. He is 53 years old, married to May Seno and residing in Siquijor, Siquijor;

2. His sister Susan is 58 years old, single, a former resident of Bagacay, Dumaguete city,
but who now stays with their other sister, Sylvia in Amlan, Negros Oriental;
3. Sylvia, 55 years old, former Filipino citizen and now an American citizen, is married to
Diego Salvador and residing in Poblacion, Amlan, Negros Oriental.

They also presented to you the following documents:

1. Copy of the Quitclaim executed by their father in favor of their mother;

 2. Copy of the Torrens title in the name of their father for lot no. 7210;
3. Copy of the deed of sale executed by their mother in favor of Tiburcio Torres;
4. Torrens title of lot no. 7210 now in the name of Tiburcio Torres;
5. Copy of the current tax declaration still in the name of their father;
6. Copy medical record of their father indicating that he was suffering from senility and
parkinson’s disease;
7. Several documents bearing the signature of their father to show that the signature
appearing on the deed of quitclaim does not belong to him;
8. Certificate to File Action

Instructions:

Give a legal advise or if proper, prepare a complaint.