CLINICAL LEGAL EDUCATION I

(Class of Atty. Zigfred M. Diaz)

Please observe the following:

1.) All assignments should be HANDWRITTEN. Make every effort to make your
handwriting legible. I will give a very low score or no score at all to handwritings that I
cannot decipher.

2.) Assignments should be written in Yellow paper

3.) Please observe proper margins and spacing when writing.

4.) All pages within the assignment should be numbered

5.) Submit all your assignment in a long white folder with your name written and
Requirement details on the side. So far all requirements for midterms please label the
folder Juan Delacruz - Midterms and for the Finals Juan Delacruz - Finals

6.) Make a table of contents & Indicate the page numbers for each folder. The table of
contents should be broken down. See example below: (For complete requirements and
suggested table of content see last page)

Example:

I Case work 1

a.) Position paper for Juan Delacruz.. Page 1

b.) Position paper for the Company .. Page 5

7.) All case assignments should have all necessary attachments and evidences
included. Assume other collateral facts but do not introduce facts that are not indicated
in the case.

8.) Case assignments should have support in both law and jurisprudence; a failing
grade will be given to Position papers, pleadings and other documents that does not
conform with this requirement or if it fails to comply with the Rules of Court.

9.) No motion for extension will be allowed. Those who will submit beyond the midterm
deadline will automatically get a grade of 3.0. Those who submit but are requirements
that are lacking will get an INC. An INC will also apply to those who submit beyond the
deadline dates.

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* MIDTERM REQUIRMENT (Deadline: October 6, 2017)

I Essay 1 - Chose 3 innovations/recent developments of the Supreme Court for the

past 5 years, describe in great detail what it is and give your opinion on it. (Minimum of
1,000 words each)

II Essay 2 The Supreme Court has experimented with various formats for the bar
exams, what do you think is the best format/test which will determine if you are fit to
practice law in this country and why ? (Minimum 500 words)

II Interview 1 - Interview at least 3 lawyers ask them what they think should be done
to improve the justice system in this country (Minimum of 1,000 words each)

III Interview 2 - Interview at least 3 lawyers, ask them about how they bill clients and
why they believe this is the most effective and efficient way to bill clients. (Minimum of
1,000 words each)

* FINAL REQUIRMENTS (Deadline: (Deadline: October 6, 2017)

I Case work 1 (Labor and criminal case)

Juan Dela Cruz is employed as logod maker in a company whose trade name is
known as LUGOD MAKERS. LUGOD MAKERS is a company based in Cebu City with
8 employees and specializes in making customized Lugods.(Local body scrub) Juan
Dela Cruz has been employed since July 2003. His daily salary is P 150.00 per day.
During the time that he was employed, there were several things that were missing in
company premises and he was always the prime suspect. However there was never a
formal investigation conducted regarding the lost items.

On August 1, 2007, Juan Dela Cruz, was asked to buy some items in the local
hardware. The total amount of the items was only P 1,000.00. When he surrendered the
receipt to the Pedro Pindoko, the owner of LUGOD MAKERS the receipt reflected was
P3,000.00. There was an indication that the receipt was tampered. The owner talked to
him and asked him why the receipt looks tampered. Juan Dela Cruz never said a word.
The owner became very angry and asked Juan Dela Cruz never to show his face again.
In fact he was given his last salary. However the owners forgot to get the tampered
receipt from Juan Dela Cruz, nor did Juan return any of the money.

On September 3, 2007, the owner sent a return to work order to Juan Dela
Cruz. Juan Dela Cruz received the order and placed his signature indicating that he is
willing to return to work. However when he returned to work he was asked to given a
Notice of investigation asking him to appear in a formal investigation to be conducted
concerning the tampered receipt. He was also ordered to return the tampered receipt.
Juan Dela Cruz did not sign the notice of investigation. He told the owner that he did not
have possession of the tampered receipt as he already returned the tampered receipt
and the money to the owner. After a brief argument with the owner, Juan Dela Cruz did
not return to work afterwards.

On December 3, 2007, he filed a labor case against LUGOD MAKERS alleging

that he was illegally dismissed and that he is underpaid. LUGOD MAKERS contends
that Juan Dela Cruz was not illegally dismissed. According to the company, Juan Dela
Cruz was sent a return to work order, however since he knows he is being investigated

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he did not bother to return to work anymore. Since the parties failed to settle amicably,
the Labor arbiter has asked the counsels to submit their respective position papers.

In the meantime, the company wants to file a criminal case against Juan for not
returning the money and the receipt.

1.) Make the position paper for the company and for Juan Delacruz

2.) What criminal case be filed against Juan? Make the necessary affidavit-
complaint to be filed at the prosecutors office.

II Case work 2 (Civil Case)

Brad Armpit and Juan Ilok, both residents of Pardo, Cebu City are long time
friends. On March 7, 2007 Brad borrowed money from Juan worth P 150,000.00. Brad
promised to pay the said obligation to Juan on July 31 2007. However there was no
written instrument that was made regarding the transaction, but two of their friends,
Pedro Siponon and Jose Kogmohon was there when the said transaction took place.
On July 20, 2007, Brad Armpit went to the house of Juan since he wanted to pay P
50,000 for the meantime, however since Juan was not there, Brad just left the money
with Juans 17 year old son, John. John received the money from Brad, however no
receipt for such payment was issued. John never gave the money to his father. Instead,
John eloped with his girlfriend and went to Tawi-Tawi. On July 31, 2007, Brad went to
Juans house and gave Juan the remaining P 100,000.00. Juan asked why Brad is only
bringing P 100,000.00. Brad told him that he already gave P 50,000.00 to John. Juan
said, John never gave him the money. Brad told Juan that it is not his responsibility
anymore. Juan said that the alleged payment should not be counted as he has never
received the money. As a result of this, they argued over the matter. Juan filed a case in
the barangay. Since they could not be settled in the barangay the barangay captain
issued a certification to file action. Juan asked his lawyer to send a demand letter to
Brad. Brad did not comply with the Demand letter, prompting Juan to resort to judicial
action.

a.) Prepare the Complaint

b.) Prepare the Answer
c.) Prepare the Pre-trial Brief for both plaintiff and defendants
d.) Since the case is under summary procedure, prepare the position papers for
both parties.

III - Case Work 3 Deadline October 9, 2010

Apply the modes of discovery (Rule 25) to Case work no. 2

IV Interview - 3

Interview a lawyer and ask him/her what are the best tips and advices he/she can
give to someone who is new to the practice of law. You are to provide the name of the
lawyer you have interviewed. (1,000 words minimum)