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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSG. Judicial Decision (Civil Code, Art. 8)

Question

EFFECT AND APPLICATION OF LAWS: Judicial Decision

Assuming the role of a legal practitioner, analyze the following scenarios and discuss the effect and application of judicial decisions in each case:

  1. Mr. Santos is involved in a car accident and files a lawsuit against Mr. Reyes, claiming damages for his injuries. The court issues a decision in favor of Mr. Santos, awarding him a substantial amount as compensation. However, Mr. Reyes refuses to comply with the court's decision and refuses to pay the damages. In light of this situation, discuss the effect and application of judicial decision in enforcing the award of damages.
  2. Ms. Gomez enters into a loan agreement with Mr. Cruz, wherein Ms. Gomez borrows a significant amount of money. However, Ms. Gomez fails to repay the loan as agreed upon. Mr. Cruz decides to take legal action and files a case against Ms. Gomez. The court, after thorough deliberation, renders a judgment in favor of Mr. Cruz, ordering Ms. Gomez to pay the loan amount plus interest. Can this judicial decision be enforced even if Ms. Gomez claims insolvency? Discuss the effect and application of judicial decision in a situation involving insolvency.
  3. In a land dispute case between two parties, the court issues a decision stating that Party A is the rightful owner of the disputed property. Party B, who lost the case, remains dissatisfied with the decision and decides to file an appeal. During the pendency of the appeal, Party A intends to sell the property to a third party. Can Party A validly sell the property despite the pending appeal? Discuss the effect and application of judicial decision in relation to the sale and transfer of the disputed property.



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Bar Review Question: EFFECT AND APPLICATION OF LAWS: Judicial Decision Assuming the role of a legal practitioner, analy