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Session 3

Identifying the Legal Issue


Assignment: Due June 27
Dyad Work: One Word or Pages page only. Email this
to legres2018attyriza@gmail.com

A. Identify the legal issue in Frame 7 and Frame 8.

B. Choose ONE of these cases. Then, (a) Write a brief


555 paragraph of the facts of the case; (b) Write (a) the
Complainant’s /Petitioner’s legal issues of the case and
(c) the Defendant’s /Respondent’s legal issue of the
case.

• Rosales v. People, G.R. No. 173988(Oct 8, 2014)

• Pantaleon v. AMEX, G.R. No. 174269 (Aug 25, 2010)


What is a legal issue?
A legal issue exists when one party complains of a
violation of his/her right by another, who denies such
a violation.

Elements: (1) existence of a legal right; (2) violation


of a legal right; (3) denial of the violation of a legal
right

It is the denial of violation that tenders a legal issue.


Sps. Nunilo v. Alvarez
A.C. No. 9436 (August 1, 2016)

Legal Right: . Atty. Alvarez can issue checks from his bank.

Violation of the right: Atty. Alvarez issued four Allied Bank checks to
Sps. Nunilo, which the Bank dishonored upon presentation

Denial of the violation: Atty. Alvarez claimed that the four Allied Bank
checks were used as collateral for his loan to Sps. Nunilo.

LEGAL ISSUE: Whether or not Atty. Alvarez can issue checks


knowing that he has insufficient funds to support his checks?

Can Atty. Alvarez issue checks without sufficient funds to support his
checks?
Sps. Nunilo v. Alvarez
A.C. No. 9436 (August 1, 2016)

Legal Right: Sps. Nunilo can demand P395,000.00 from Atty. Alvarez
in exchange of the four Allied Bank checks the latter issued.

Violation of the right: Atty. Alvarez issued four Allied Bank checks,
which were dishonored, in exchange for P395, 000.00 cash which he
took from the spouses.

Denial of the violation: Atty. Alvarez denied he issued Four Allied Bank
checks in exchange of P395, 000.00.

LEGAL ISSUE: Whether or not Sps. Nunilo can claim the full amount of
P395,000 from Atty. Alvarez?

Can the Sps, Nunilo claim the P395, 000.00 from Atty Alvarez?
Identify the legal issue
Identify the legal issue in each of
these sets of facts

1. AB appeals his conviction for possession of shabu.


When the police stopped and searched his
Mercedes-AMG GLS 63, they found 0.10 grams of
shabu in a small transparent plastic sachet inside an
Anello bag in the far rear of the car. Although AB
admitted he knew the sachet of shabu was there, he
claimed that the Anello bag and shabu belonged to a
distant relative who hitched a ride with him and who
had accidentally left the bag in his car.
Identify the legal issue in each of
these sets of facts

2. Cindy and Effie, law students, decided to use


Cindy’s Lexus LX to drive to Tagum City for the
weekend. Effie told Cindy that she would pay for their
gasoline and food to repay Cindy who taught her the
latest dance moves for the wild Battle of Law Dance
Contest last week. While driving, Cindy lost control of
her car; she crashed it on a construction metal signpost
on the left side of the road; Effie suffered injuries on her
face and legs.
-End-