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Mock Trial 2 Prov Rem 2019
Mock Trial 2 Prov Rem 2019
For 15 years, ABC Realty, Inc. was paying its business permit fees /taxes with Municipality
of Alpha.
In the course of its operations, ABC Realty , Inc. through its sister company, Nature’s Best
, together with Mun. of ALPHA , also entered into a Memorandum of Agreement to develop a
portion of the area as an ecopark to promote ecotourism for Mun. of ALPHA.
In 2016, ABC Realty and Nature’s Best, stopped paying the business permit fees with Mun.
of ALPHA and instead paid the same with Mun. of BRAVO , stating that the ecopark is within the
metes and bounds of Mun of BRAVO and therefore it should pay its business permit fee with Mun
of BRAVO.
The Mun of BRAVO through its Mayor issued the business permits to ABC Realty and
Nature’s Best on the ground that the area is within the metes and bounds of Mun of BRAVO on
the basis of an application for a SURVEY PLAN between Mun of BRAVO and Mun of ALPHA
pending before the DENR and the Land Registration Authority
(NOTE: The area covered by the Mun of Bravo used to be part of a bigger area under the
jurisdiction of Mun of ALPHA prior to a law enacted creating the Mun of BRAVO).
Mun. of ALPHA questioned the actions of both Mun of ALPHA and the private sister
companies ABC Realty Inc and Nature’s Best, stating that Mun of BRAVO does not exercise
jurisdiction over the area covered by the business permits of ABC Realty and Nature’s Best and
therefore has no authority to collect the fees and issue the subject business permits.
In the course of the squabble between the two adjacent municipalities , the clients of
ABC Realty and Nature’s Best were not allowed entry/access over the contested area by Mun of
ALPHA.
Cases were filed by Mun of ALPHA against Mun of BRAVO and ABC Realty and Nature’s
Best and vice-versa.
1. Give the best provisional remedies/reliefs that either Mun of Alpha (TEAM ALPHA) and
the Mun of Bravo together with ABC Realty/Nature’s Best (TEAM BRAVO) may avail of
against each.
2. Limit to 2 speakers each for Team Alpha and Team Bravo , for direct examination and
cross-examination only. Each Speaker will have 10 minutes each.
Grading will be based on the MANNER of argumentation and the presentation of your pleadings.
The members will be graded as a group.
GOOD LUCK !