CALAMBA LAND PROBLEM MOCK TRIAL SCRIPT

Bailiff (): All rise. Municipal Court of Calamba, Province of Laguna is now in session. Judge Procopio Pabalan
presiding.
Judge (North): Please be seated. Ladies and gentlemen of the jury, this is a civil case that involves expiration
of the contract of tenancy of the Hacienda de Calamba tenants and their failure to pay rent amounting to
472.21 pesos due on year 1889. In this case, Friar Gabriel Fernandez, who is the administrator of the
Hacienda de Calamba in behalf of the Corporacion de Padres Dominicos de Filipinas, is the plaintiff
represented by Atty. Vicente Ilagan, and the tenants of the Hacienda de Calamba are the defendants
represented by Don Paciano Rizal y Mercado. Will the clerk please swear in the jury?
Clerk (): Will the jury please stand and raise your right hand? [Wait for everyone to stand.] Do each of you
swear that you will fairly try the case before this court, and that you will return a true verdict according to the
evidence and the instructions of the court, so help you, God? Please say “I do”. [Wait for jurors to say “I do.”]
You may be seated.
Judge (North): I first want to know if any jurors have heard anything in the past, or read anything about either
the plaintiff or defendant?
Jurors: No, Judge.
Judge (North): Is each and every juror here willing to take an oath, the highest form of promise that a citizen
can give, that they will render an impartial verdict based solely on the evidence?
Jurors: Yes, Judge.
Judge (North): Is the plaintiff Friar Gabriel Hernandez ready to proceed?
Dominican’s Lawyer (Nica): Yes, your Honor.
Judge (North): Is the defendant, the tenants of Calamba, ready to proceed?
Calamba Tenants’ Lawyer (Faye): Yes, your Honor.
Judge (North): We will now proceed to the opening statement of each sides. The prosecution may proceed
with its opening statement.
Dominican’s Lawyer (Nica): The evidence in this case will prove that the tenants refused to recognize the
ownership of the Dominicans over the hacienda. Moreover, they have violated the contract, which their fathers
and forefathers have signed years before, by boycotting the payment of rents. Under (), the tenants may be
evicted by the administrators because of the non-issuance of payment.
Judge (North): Counsel for the Calamba tenants, you may now proceed with your opening statement.
Calamba tenants’ Lawyer (Faye): Thank you, Judge. Ladies and gentlemen of the jury, the tenants of
Hacienda de Calamba promptly paid every collection of the Dominicans, however, they were deprived of their
tubigan by the administrators. With regards to the ownership of the plaintiff, they have never presented the
land title. The plaintiff should inform my client of the boundaries of the hacienda as indicated in the said title, so
that the lands not included be free from rent and unjustified collection be returned. Therefore, the plaintiff has
no right of evicting my client unless they prove their ownership over the hacienda.
Judge (North): The prosecution may call its first witness.
Dominican’s Lawyer (Nica): I call (tenant of calamba) to the witness stand.
Court Reporter (): Raise your right hand. Do you solemnly swear that the testimony you are about to give is
the truth, the whole truth and nothing but the truth, so help you God?
Calamba Tenant (Kath): Yes, I do.
Court Reporter (): Please state your first and last name.
Calamba Tenant (Kath): (Name)
Court Reporter (): You may be seated.
Dominican’s Lawyer (Nica): (Kath), how long have you been working in Hacienda de Calamba?
Calamba Tenant (Kath): For (number) years.
Dominican’s Lawyer (Nica): And in these (number) years, do you, as a tenant, acknowledge or recognize the
friars as the owner of the hacienda?
Calamba Tenant (Kath): Yes, however, there were no-
Dominican’s Lawyer (Nica): No further questions, your Honor.
Judge (North): Does the defense have any questions?
Calamba tenants’ lawyer (Faye): Yes, your Honor.
Judge (North): You may proceed.
Calamba tenants’ lawyer (Faye): (Kath), how did you and the other tenants come to recognize the Dominicans
to be the owner of the hacienda?
Calamba Tenant (Kath): We merely followed the said contract of tenancy. It was because of the ignorance of
the past tenants, rather, the manipulation of the Dominicans by offering deals which mainly focused on their
benefits.
Dominican’s Lawyer (Nica): Objection, your Honor. Calls for speculation.
Judge (North): Sustained. Proceed.
Calamba Tenants’ lawyer (Faye): Have the Dominicans showed a land title or any proof of ownership over the
Hacienda?
Calamba tenant (Kath): No, they have not.
Calamba Tenants’ lawyer (Faye): No further questions, your Honor.
Judge (North): The witness is excused. The prosecution may call their next witness to the stand.
Dominican’s Lawyer (Nica): I call Friar Gabriel Hernandez to the witness stand.
Court Reporter (): Raise your right hand. Do you solemnly swear that the testimony you are about to give is
the truth, the whole truth and nothing but the truth, so help you God?
Friar (Derick): Yes, I do.
Court Reporter (): Please state your first and last name.
Friar (Derick): Gabriel Hernandez
Court Reporter (): You may be seated.
Dominican’s Lawyer (Nica): Mr. Hernandez, how long have you been managing the hacienda?
Friar (Derick): For (number) years
Dominican’s Lawyer (Nica): During your management, have the tenants recognized your authority over the
lands?
Friar (Derick): Yes, until recently.
Dominican’s Lawyer (Nica): What did the tenants do?
Friar (Derick): They stopped paying the rent.
Dominican’s Lawyer (Nica): Mr. Hernandez, is it rightful for the tenants to stop paying their annual rent?
Friar (Derick): No.
Dominican’s Lawyer (Nica): Why is that?
Friar (Derick): Because they have signed the contract of tenancy and therefore, they have the obligation to pay
the rents in exchange of using our lands.
Dominican’s Lawyer (Nica): No further questions, your Honor.
Judge (North): Does the defense wish to question the witness?
Calamba tenants’ lawyer (Faye): No, your Honor.

Narration: Due to the friars not being able to present any proof of ownership over the hacienda or contract of
tenancy, the jury has decided unanimously that the petition of the friars be dismissed. The Municipal Court of
Calamba reasoned that for the friars to win the case, they must present a land title so that the tenants can be
evicted.
Narration: After the trial in the Municipal Court of Calamba, the friars took the case to the Court of First
Instance of Laguna, presided by Judge Celestino Dimayuga. Don Santiago Esquerra and Atty. Manuel Navas
Diaz represented the Provincia del Santissimo Rosario de Filipinas while Don Paciano R. Mercado
represented the respondent Don Francisco R. Mercado.

Judge (North): The plaintiff may now proceed with its opening statement.
Dominican’s Lawyer (Nica): Ladies and Gentlemen of the jury, in the first trial of this case, the petition of the
appellant was dismissed due to them not being able to present a land title. However, the core issue of this
case is the non-payment of rents by the tenants, therefore, violating the contract of tenancy. The determination
of ownership is beyond the jurisdiction of the court and must focus on the legitimacy of the eviction of the
tenants only. Furthermore, the defendant has yet to oppose the existence of the contract of tenancy and their
non-issuance of payment.
Judge (North): Counsel for the Calamba tenants, please proceed with your opening statement.
Calamba Tenants’ lawyer (Faye): The contract of tenancy exists, yes. However, for the contract of tenancy to
be legitimate, there must be a basis of ownership. Under section 1546 of the Law on Civil Procedure, actions
for eviction must be based on the true ownership of the land in question. It is the obligation of the Dominicans
to present a land title before the tenants so that the contract of tenancy may be effective. It is true that the core
issue of the case is the eviction of the tenants, however, as the land title is not presented, there is no basis for
eviction of the tenants.
Narration: The trial went on and the friar was called by the Dominican’s lawyer to the witness stand.
Dominicans’ Lawyer (Nica): Mr. Esquerra, the contract of tenancy was mentioned in the previous trial which I
have here. I have marked this contract as Exhibit A, and I ask you, Mr. Esquerra, did both parties sign this
contract and acknowledge it over the years?
Friar (Derick): Yes.
Dominicans’ Lawyer (Nica): I move that Exhibit A be admitted into evidence.
Judge (North): Exhibit A is admitted into evidence.
Narration: The friar was questioned by the defense counsel.
Calamba tenants’ Lawyer (Faye): Mr. Esquerra, under the signed contract, it is indicated that there must be an
issuance of receipt for the payment of tenants, is that correct?
Friar (Derick): Yes.
Calamba tenants’ Lawyer (Faye): Did you, on behalf of the administrators of the Hacienda de Calamba, give
the tenants receipt?
Friar (Derick): I did.
Calamba tenant (Kath): YOU DID NOT! If you did, we would be aware of the other unpaid rents we have right
now!
Friar (Derick): I DID GIVE YOU RECEIPTS! You just did not pay your rents that are due!
Judge (North): ORDER! Order in the court! Defendant, please wait for your turn to be called on the witness
stand. Defense counsel, please proceed.
Calamba tenants’ Lawyer (Faye): Mr. Esquerra, what I am handing you right now is marked as Exhibit B. It is a
receipt that you have issued upon the tenants, is that correct?
Friar (Derick): Yes.
Calamba tenants’ Lawyer (Faye): Looking at the receipt, do you see any signature or amount of payment?
Friar (Derick): No.
Calamba tenants’ Lawyer (Faye): I move that Exhibit B be admitted into evidence.
Judge (North): Exhibit B is admitted into evidence.
Calamba tenants’ Lawyer (Faye): Your Honor and ladies and gentlemen of the jury, what you see here is the
receipt issued by the friars on the tenants. However, there was no signature any authorities nor the amount of
payment, which resulted to the confusion on the part of the tenants on how much do they owe the Dominicans.
That is all, your Honor.
Narration: The next witness, the calamba tenant, was called to the witness stand by the plaintiff.
Dominicans’ Lawyer (Nica): (Kath), the past tenants of calamba have signed the contract of tenancy, is that
correct?
Calamba tenant (Kath): Yes.
Dominicans’ Lawyer (Nica): And you have acknowledged it?
Calamba tenant (Kath): Yes, however, there was no-
Dominicans’ Lawyer (Nica):
Dominicans’ Lawyer (Nica): No further questions, your Honor.
Judge (North): Defense counsel, do you wish to cross-examine (Kath)?
Calamba tenants’ lawyer (Faye): (Kath), under the contract of tenancy, there must be an issuance of receipt as
proof of payment, is that correct?
Calamba tenant (Kath): Yes.
Calamba tenants’ lawyer (Faye): In this case, did the friars follow this issuance?
Calamba tenant (Kath): No

Narration: The Court of First Instance of Laguna nullified the judgement of the Court of Calamba and resolved
that the eviction of the Calamba Tenants from the hacienda is proper. The issues raised by the appellant
Corporacion remained undisputed. These issues were not addressed head-on by the appellee but rather
vaguely. The argument of the appellee regarding the proof of land title was deemed unnecessary by the court
because the appellee himself admitted that they acknowledged the ownership of the Dominicans, which was
enough proof of ownership over the hacienda. The judge ordered Don Francisco Rizal Mercado to vacate the
lands in question within 20 days, and ordered the Justice of Peace to impose upon the appellee a fine
amounting to 125 peseta.

Narration: The evictees immediately appealed the judgment before the Real