I.

CLIENTS PROFILE
Name: Lorenzo Danglosig
Religion: New Testament Assembly
Address: Happy Hallow, Baguio City
Age: 69
Status: Married
Gender: Male

First Case: As to the claim of 2,000.00 pesos from a

promissory note
II. BRIEF FACTS OF THE CASE

1. Lorenzo Danglosig and his siblings have been fishing at a

natural fish pond located at Tadian, Mountain Province.
2. According to Lorenzo, the fish pond has been declared by
their father as their own.
3. In the year 1991, a case was filed against Lorenzo
Danglosig and his siblings for illegal fishing by one Romeo.
4. The court ruled in favor of Lorenzo and his siblings and the
case was dismissed.
5. The court ordered Romeo to pay Lorenzo and his siblings
the amount of 2,000.00 pesos as damages.
6. Romeo executed a promissory note stating that they will
pay the amount of 2,000.00 pesos on July 25, 1991.
7. The losing party never paid the amount.
III. ISSUE
Whether or not the client can still claim the 2,000.00 pesos?
IV. MY LEGAL ADVICE
Under our laws, all action for a valid written contract can be
made within 10 years from execution. The promissory note was
due on July 25, 1991 and no demand whatsoever was made by
Lorenzo. Hence, the right to recover the amount has already
lapsed. Lorenzo, however, can still try to demand payment from
Romeo and if the latter paid, the payment is considered as a
fulfillment of a natural obligation and Romeo can no longer
recover the said amount even if he raised prescription as a
defense.

V. LEGAL ADVICE OF ATTY. NAVARRO

The amount has not been recovered for more than 25 years.
The period of 10 years has already lapsed. Lorenzo and his
siblings can still try to collect from Romeo. If to no avail, go to the
barangay and still try to ask for the execution of the payment.

Second case: As to the land dispute

I. BRIEF FACTS OF THE CASE
1. Lorenzo Danglosig and his siblings have been fishing at a
natural fish pond located at Tadian, Mountain Province.
2. According to Lorenzo, the fish pond has been declared by
their father as their own and they have been paying the
taxes of the land until now.
3. In the year 1991, a case was filed against Lorenzo
Danglosig and his siblings for illegal fishing by one Romeo.
4. The court ruled in favor of Lorenzo and his siblings and the
case was dismissed.
5. In 1992, Romeo demanded Lorenzo and the siblings to
stay out of his property.
6. As alleged by Romeo, he bought a parcel of land and the
title includes the fish pond.
7. The dispute was referred to the barangay.
8. The parties were able to settle their dispute at the
barangay and they entered into an amicable settlement
whereby they agreed to fish at the fishpond at an
alternate manner. 3 months for Lorenzo and his siblings,
then 3 months for Romeo for a term of 6 months per party.
9. The agreement has been respected and observed for quite
some time but Romeo again demanded Lorenzo and his
siblings not to fish at his property.

II. ISSUE
 Whether or not Romeo can restrict Lorenzo and his siblings
from fishing at the fishpond?

III. MY LEGAL ADVICE

Lorenzo and his siblings need to prove that the fishpond
really belong to them by providing the necessary documents.
According to them, the land where the fishpond is has been
included in the title that they now hold and they have been
paying the real property tax up until today. Lorenzo must try to
have the land described in their title be surveyed in order for
them to determine the metes and bounds and also in order for
them to know whether or not the pond is included therein. They
must go to the barangay and present the documents pertaining to
the land.

IV. LEGAL ADVICE OF ATTY. NAVARRO

Lorenzo and his siblings must refer the case to the barangay
in order to ascertain the ownership of the property. If the fishpond
is found to be a natural one, it cannot be claimed by any of the
parties. They must settle at the barangay level and if Romeo
refuses, they can ask for a certification from the barangay in
order for them to file the proper case in court.
LEGAL COUNSELLING
AND SOCIAL
RESPONSIBILITY

Submitted by:
Allen Joy A. Tactay

Date Submitted:
March 27, 2017