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Question XVII

2018 Bar · Criminal Law · 2 sub-questions

XVII. Robina bought from Ramsey a seaside property located in Romblon. At that time, she was in the process of returning to the Philippines as a returning resident, after retiring from her work in Russia, and was planning to set up a diving school in the area. In a non-notarized "Kasunduan ng Pagbibili," Ramsey represented the property as alienable and disposable, and that he had a valid title to the property. When the sale was completed, and as she was applying for permits and licenses for her school, she found out that the property was a public non-alienable and non-disposable land which Ramsey had bought from someone who only had a foreshore lease over the same. As she was bent on setting up the diving school in the area, having made all the preparations and having already bought all the equipment, she filed a Miscellaneous Lease Application (MLA) with the Department of Environment and Natural Resources (DENR) at the Community Environment and Natural Resources Office in Romblon. In her application, she stated that she was a Filipino citizen, although she was still a naturalized Russian citizen at that time. It was only six months after she filed the MLA that she filed her petition for dual citizenship under R.A. No. 9225. When DENR discovered that, at the time of filing the MLA, she was still a Russian citizen, her application was denied and she was charged with falsification of a public document for misrepresenting herself as a Filipino citizen. Infuriated, Robina also filed charges against Ramsey for falsification of a private document for stating in their "Kasunduan" that the property was alienable and disposable. In the case for falsification of a public document, Robina's defense was that, at the time she filed the MLA, she had every intention to reacquire Philippine citizenship, as in fact she filed for dual citizenship six months thereafter, and that she had no intent to gain or to injure the Philippine government since she expected that her application for dual citizenship would be approved before the MLA could be approved. On the other hand, she claimed in the action against Ramsey that intent to gain was present since he received the purchase price as a result of his misrepresentation. Ramsey's defense was that he had a valid Transfer Certificate of Title in his name, and he had a right to rely on his title.
(a)(a) Will the case for falsification of public document filed against Robina prosper? (2.5%)
(b)(b) Will the case for falsification of private document filed against Ramsey prosper? (2.5%)

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