ACTIVITY 1: LETTER WRITING months since she turned over the amount and as far as she knew, no progress
since she turned over the amount and as far as she knew, no progress has been
TIME TABLE: TWO DAYS (Sept., 2013)
Include editing and proofreading in your schedule.
FORMAT: TYPEWRITTEN, ON SHORT BOND PAPER, 1-INCH MARGINS
Instructions: Read each item carefully. Put yourself in the shoes of the lawyer in the given
situations and prepare the appropriate correspondence. You may include additional
information in your letter as you see fit without deviating from the original set of facts.
In drafting your letters, consider our discussion in class as your guide as well as the 4 C’s
of writing (Clear, Concise, Correct and Complete). You will be graded based on the
following:
Grammar/English - 5 points
Logical flow of the letter - 5 points
Letter format - 5 points
Content
(based on the given facts) - 5 points
Total - 20 points
1. You are the legal counsel for Corporation ABC Incorporated. On March 15, 2013, you
receive Billing Statement 216 dated March 10, 2013 from the company’s former external
counsel, Diaz, Magallanes & Assocaites, totaling P146,766.00. You note however that the
company had terminated the retainer agreement with the firm six months before; the
legal services included in the bill also date back to legal opinions requested for 2010 to
2011.
You consult management and you are told that the company will not pay the
charges. Draft the corresponding letter addressed to the firm.
2. You are the Human Resources Director for CGE Co., Inc. One of the secretaries, Angel
Locisn, absented herself from work on March 21, 2013 without informing her immediate
supervisor, MarimarCuevas (Assistant Head for Purchasing). You check Ms. Locsin 2012
file and you find that she was previously warned for a similar incident.
Under the Employee Handbook, “unauthorized absence” is defined as “failure to
give notice to immediate supervisor or to Human Resources”. The first infraction
corresponds to a warning; a second results in a final warning; a third would result to
termination from employment.
Draft the letter to Ms. Locsin requiring her to explain her side in writing no later
than three days from receipt of notice.
3. Your client Ms. Jacquilene Onasis invested P3million in a partnership with Mr. Ruben
Manloloko for the purpose of putting up a fitness center exclusively for married couples
(Fit Forever Gym). Under their agreement, she would provide the capital while her partner
would take care of all permits and oversee construction of the premises. It has been six
made. She narrates that she tried contacting her partner, to no avail. Write a demand
letter to Mr. Manggagantso.
4. One of your clients, Ferdinand Aquino, is a building contractor. He complains that one of
his clients, MNO Corporation has not settled its P5.4 million account.
a) Your client instructs you to write a demand letter giving the corporation 30 days to
settle the obligation. He wants you to stress that the building is already 80%
complete and that under their agreement, the balance until contract completion
should only be P2 million. He also wants you to say that he will institute legal
action against the corporation in case of failure to pay as stated.
Address your letter to the corporation’s legal counsel, Atty. Juan Laging
Nakasimangot.
b) Atty. Lagingnakasimangot has replied to your letter above and has asked for a 30-
day extension. He has also declared that his client can only pay P700,000 in cash
within the extended period. He has proposed to pay the balance in 72 equal
monthly installments.
Your client, however, does not agree with the terms. He is willing to give a sixty-
day extension, but wants the full amount settled. He explains that this would avoid
further losses on his part.
Write a new letter to the corporation stating your client’s terms.
5. A prominent businesswoman, Ms. Karylle Manlapaz, has approached your law firm
regarding her legal woes. She tells you that she owns a bus company, and one of the
buses was involved in a freak accident. Two persons were killed. The families of the two
victims have sued her for damages, but Ms. Korona confesses that she has no intention to
pay.
After studying the merits of the case, you realize that you cannot possibly
represent Ms. Manlapaz in a losing case. In your opinion, the best course of action is to
settle the matter with the victims’ families and pay what they are asking for; or, at the
very least, enter into negotiations to arrive at a settlement.
Draft a letter informing Ms. Manlapaz that you cannot take her case. State your
reasons.
6. Your client, Mr. Paquito Valle, narrated that he has failed to pay P145,000.00 to one of
his suppliers, Masagana Corporation. He has received a final demand letter from the
corporation’s legal counsel, Atty. Leo Maasim of Maasim and Maasim Law Firm. Your client
confesses that he has no money to settle the amount in full, but he is willing to give his
L300 van in payment of his obligation.
Draft the letter-proposal to Atty. Maasim (who, in turn, has to forward the
proposal to his client).
7. Your Uncle Dolphy Makati seeks your expert legal advice about his failed marriage. He
has left your Aunt Zsa Zsa, his wife of 15 years with whom hw has 3 children, and they
have not seen each other for ten months. Your Uncle says he wants to marry his girlfriend
and ‘move on with his life.’ He also wants to know the following:

a) Can he and your aunt execute a written document basically stating that they give
each other the freedom to live separate lives and marry someone else if they
wish?

b) Is he obliged to give support to his family, including support for his three
children’s education aged 19, 17 and 15 years old?

c) What is his legal recourse, if any?

d) What if his girlfriend is pregnant, what is the status of the child?

e) How about your uncle’s property which he bought with your Aunt Zsa Zsa, what
would be the status of their property regime? How about the properties he bought
during the time when he is living in with his girlfriend?

Your Uncle is a seaman by profession and has just left on a nine-month voyage to Italy.
He has requested you to e-mail your answer to his queries as soon as possible. Draft your
‘expert legal advice’.
 ACTIVITY 2: DIAGNOSTIC TEST ON CITATION RULES
TIMETABLE: ONE DAY (Sept., 2013)
Complete the following exercise to get full credit.
Indicate the correct citation for the following items. Your answers should be handwritten. No erasures.
1. You want to cite pages 100 to 110 of the transcript of stenographic notes taken in a robbery case before the
Regional Trial Court of Allen, Northern Samar, Branch 23 on August 13, 2012..
________________________________________________________________________
2. Cite pages 310 to 315 of the records found in the Rollo of the Court of Appeals.
____________________________________________________
3. Cite the following case: “People of the Philippines versus Pepito Asalhayop”. Your source is volume 198 of the
Philippine Reports, and the case is found on pages 124 to 128. The G.R. No. is 234567, and the promulgation
date is July 1, 2011. ________________________________________________________________________
Well-settled is the rule that the party alleging fraud or mistake in a transaction bears the burden of proof. The
circumstances evidencing fraud are as varied as the people who perpetrate it in each case. 1 It may assume different shapes
and forms; it may be committed in as many different ways. Thus, the law requires that fraud be established, not just by
preponderance of evidence, but by clear and convincing evidence.2
A private certification is hearsay where the person who issued the same was never presented as a witness. The
same is true of letters. While hearsay evidence may be admitted because of lack of objection by the adverse party’s counsel,
it is nonetheless without probative value.3 Stated differently, the declarants of written statements pertaining to disputed facts
must be presented at the trial for cross-examination. The lack of objection may make an incompetent evidence admissible, but
admissibility of evidence should not be equated with weight of evidence. Indeed, hearsay evidence whether objected to or not
has no probative value.4
Petitioner asserts that respondent impliedly admitted that the fire pumps it installed were “not of Peerless origin”
because of its failure to dispute petitioner’s accusation and to present proofs that the fire pumps delivered were genuine.
Thus, petitioner contends that estoppel by silence applies to respondent.5
We disagree. The principle of estoppel in pais applies wherein one, by his acts, representations or admissions, or
by his own silence when he ought to speak out, intentionally or through culpable negligence, induces another to believe
certain facts to exist and such other rightfully relies and acts on such belief, so that he will be prejudiced if the former is
permitted to deny the existence of such facts.6

4. Cite “Melissa Delima versus Jose Acosta”. Your source is volume 123 of the Supreme Court Reports Annotated, Footnote 1: The statement was taken from the case of “Republic versus Jesus B. Guerero”, promulgated on
and the case is found on pages 345 to 400. The G.R. No. is 876543, and the promulgation date is January 6, March 28, 2006, with G.R. No. 133168. The exact quotation is found on page 438 of volume 485 of the Supreme
2011. Court Reports Annotated. The case begins on page 424.
_____________________________________________________________________
Footnote 2: The statement was also taken from “Republic versus Jesus B. Guerero”, promulgated on March 28,
5. Cite Section 5, Article VIII, Number 5 of the 1987 Constitution 2006, with G.R. No. 133168. The exact quotation is found on page 439 of volume 485 of the Supreme Court
__________________________________________________________ Reports Annotated. The case begins on page 424.

6. Cite Article III, Section 1, paragraph 3 of the 1935 Footnote 3: The statement was taken from “Jude De La Torre versus Court of Appeals”, promulgated on June 10,
Constitution___________________________________________________________ 2000. It is found on page 829 of volume 381, Philippine Reports. The case starts on page 819.

7. Cite the records of the trial court found in pages 231 to 235 which has been marked as Exhibit “A” by the Footnote 4: The statement is taken from “Michael V. Hanopol versus Shoemart Incorporated.” It is found on page
prosecution. 454 to 455 of the Supreme Court Reports Annotated, volume 390. The case starts on page 439.
________________________________________________________________________
Footnote 5: The statement was taken from the records of the Supreme Court, pages 211 to 214.
8. Cite Section 2, paragraph (a) of Rule 130 of the Rules of Court.
______________________________________________________________ Footnote 6: The statement was taken from the case of “Republic versus Jesus B. Guerero”, promulgated on
March 28, 2006, with G.R. No. 133168. The exact quotation is found on page 440 of volume 485 of the Supreme
9. Cite “People of the Philippines versus Court of Appeals”. This case has not yet been published. The G.R. No. is Court Reports Annotated. The case begins on page 424.
123456, while the promulgation date is March 13, 2010,
________________________________________________________________________

10. Cite pages 267 to 280 of the pages of the records of the Supreme Court.
1
_______________________________________________________
_____________________________________________________ 2
_______________________________________________________
3
_______________________________________________________
Read each item carefully. Write the correct citation in the blanks provided. No erasures. 4
_______________________________________________________
5
_______________________________________________________
6
_______________________________________________________
ACTIVITY 3: LEGAL OPINION WRITING
TIME TABLE: Oct., 2013
The Curious Case of Karylle M. Padilla
Karylle was a promising, talented young
woman. With her long jet black hair, deep-set
brown eyes and fair skin, she can only be described
as attractive (if not beautiful!). She stood 5 feet six
inches tall and weighed about 118 pounds. She
managed to keep a slim figure by working out
regularly in a gym with a personal trainer.
Karylle was also an achiever. She graduated
at the top of her class. After passing the
accountancy board exam, she was immediately
hired by a prestigious financial institution in Makati.
A few months later, she was promoted (Assistant
Vice President) and was promised a higher position
once she finished her master’s degree in Business
Administration. She was also encouraged to take up
law on a scholarship.
Karylle was in no hurry to enroll in the
graduate program, though. She wanted to spend
more time with her boyfriend, Dante L. Fernandez.
He had been very “demanding” lately, and Karylle
did not want to upset him. She loved him very
much and wanted to spend the rest of her life with
him.
Dante however was not as enamored with Karylle.
In the nine months that they had been together, he
could not understand what was so special about
her. He was secretly envious that she had achieved
so much in her career–he could barely even hold
down a job! (Dante was the type who regularly
assured himself that his good looks would get him
anywhere, that he was “God’s gift to women”.)
What Dante found frustrating was Karylle’s
refusal to sleep with him. He had tried several
times to persuade her, but he always got a firm
“No.” So Dante devised a plan.
On April 10, 2010, Dante took Karylle to
dinner at a romantic restaurant somewhere in
Makati. Although it was a bit pricey for his taste,
Denis thought that his “reward” would definitely be
well worth it. Ronda was giddy with joy, pleasantly
surprised by the attention she was getting. It was
the first time that she and Dante would be having
dinner by candle light.
Karylle enjoyed the food immensely. After ordering
wine, Dante proposed to Karylle and offered a ring
he had “borrowed” from his grandmother (he had
promised to return it after two months). Karylle was
moved to tears and could not believe that her
dream of finally settling down with the man of her
dreams was coming true. Of course she said yes.
Dante hinted that he already had a date in mind
and had gone ahead to make reservations for the
church ceremony and the reception.
Seeing how happy Karylle was, Dante made his move.
He told the girl that he had booked a room in the five-
star hotel across the street and wanted very much to
spend the night with her. He insisted that they should
celebrate their “engagement” in style. Not wanting to
spoil the mood (and thinking that they would be
married soon anyway), Karylle agreed.
After that fateful night, Dante started avoiding Karylle.
He no longer returned her calls and text messages.
When she did manage to contact him, he had a ready
excuse why he could not be with her. After three
weeks, Karylle stopped trying to contact Dante. To
forget about her depression, she went on drinking
sprees and to parties with her friends.
At around 8:30 p.m. on July 10, 2011, while Karylle
was on her way home from work, the left rear tire of
the white Honda CRV she was driving blew out. She
abruptly stopped the car and surveyed the damage
and her surroundings. She was in a dimly lit area
somewhere in Quezon City and there were no cars in
sight. She went back inside the car and started calling
a friend for help on her cell phone.
Three men suddenly appeared from out of nowhere.
One of them brandished a gun and demanded that
Karylle step out of the car. Fearing for her life, she did
as she was told. While the “leader” pointed the gun at
Karylle, his two accomplices ransacked the vehicle for
valuables. They took Ronda’s bag (which contained her
wallet with P14,500 inside, her credit cards and other
IDs), her iPhone, a pair of diamond earrings and the
“engagement ring”. They also took Ronda’s brand new
MacBook Pro.
Despite her tearful pleas, Karylle was dragged to a
nearby grassy area. The man with the gun raped her
at gunpoint while the two others luridly cheered him
on.
After about three hours, a couple found an unconscious
Karylle by the side of the road near her car. They
rushed her to a hospital and contacted the local police.
Two days later, Karylle was able to give a vivid
description of the three men to the police. The
suspects were arrested several days later.
Karylle also found out that she was pregnant.
GENERAL INSTRUCTIONS:
Karylle and her parents go to your law office for legal
advice and narrate the above incident. Draft your legal
opinion, stating the legal remedies available to them.
Limit your discussion to four main points.
Your paper should be typewritten, in short bond paper
with one-inch margins, font 12.
Additional points will be given to those who will
include their first draft with red or pencil marks as
proof that the editing stage (The Judge) was
completed.
Criteria for grading:
Communicating in English and
Sorting out conflicting claims and extracting
facts relevant to the issues
Identifying the issue
or issues presented
Constructing arguments and
persuading readers
to your point of view
TOTAL
ACTIVITY 4: RETAINER AGREEMENT
TIMETABLE: ONE DAY
– Researching and Drafting
Prepare a retainer agreement between you and
Karylle. Follow the basic principles discussed in
Obligations and Contracts and Legal Ethics on the
attorney-client relationship. Use the Handout on
Contract Drafting that follows below. Feel free to
pattern your agreement from online or actual
samples.
Completing this activity will guarantee full credit.
HANDOUT ON CONTRACT DRAFTING
FUNCTIONS OF TRANSACTION DOCUMENTS7
1. To record an event
Fulfilling Document – prepared to memorialize an
event and to serve as evidence of the transaction;
intended as a receipt of the transaction
Objective: to ascertain the facts and record them in
compliance with applicable legal documents
Example: deed
2. To anticipate and provide for future eventualities
Achieving Document – like a fulfilling document
memorializes a transaction, but also lays out the
framework for a future relationship
The drafter must:
a. ascertain facts and comply with certain legal
documents
b. comply with legal requisites to the
transaction
c. anticipate various events that might occur
during the relationship.
7 8
Steve Barber, Legal Writing, Delmar Publishers, 2nd ed.
(1997) 178-180.
It envisions an ongoing transaction. The parties
have already agreed to the details of the
relationship and have anticipated that most of the
situations might occur during the relationship.
Example: (lease, option or contract) selling a
20 house on monthly installments
15 3. To provide a means or method to resolve future
problems
15
Regulating Document – develops procedures to
resolve future problems without necessarily directing a
50 particular result. It is prepared when there is going to
100 be an ongoing relationship between parties.
Example: collective bargaining agreement or the
bylaws of a corporation
The bylaws of a corporation provide a way for
shareholders to address problems without necessarily
providing for how a particular problem is to be solved
A grievance procedure in a collective bargaining
agreement is a means to resolve a dispute between
labor and management
In putting together legal relationships, the
drafter must be sensitive to the following:
1. the objectives of the parties
2. function of the document
3. legal or ethical constraints or considerations
4. the details of the transaction
5. other considerations
DRAFTING CONTRACTS8
Why is there a need to be familiar with simple
contracts?
 When you read a contract, you can start asking
questions and identifying potential problems.
 Problems may be created if the contract requires
too much or does not address some important
concerns.
 Problems must be addressed before the
parties sign the contract. After signing, it
would be too late, unless the other party is
willing to amend the contract.
What do you do when you read a contract?
1. Read carefully.
2. Decide whether a party can perform all that is
expected of him or her under the contract.
3. Decide whether the contract includes
everything the party expected.
Bast and Hawkins, Foundations of Legal Research & Writing,
Chapter 14, 2nd ed. 386-418.
 Advantages of using contract forms:
Remember: absence of a particular contract term
may create a big problem 1. They cut down on the time and expense of
preparing the contract.
(Discuss void, voidable, unenforceable contracts) 2. The terms can be easily filled in to correspond
to the particular transaction.
Why should contracts be in writing? 3. Changes may be made either in writing or by
 The law requires certain contracts to be in attaching an addendum to the contract.
writing are generally referred to as falling within
the statute of frauds. Disadvantages:
 Even if not required, it is advisable to put a
contract of any importance in writing. 1. They may not be tailored to a particular
transaction.
Reasons: 2. A form should be analyzed to determine
whether there is a valid reason for including
1. The written contract furnishes proof of the each provision and whether any other
parties’ agreement. provisions are necessary for a particular
2. The contract spells out the basic terms of transaction.
the transaction, the respective rights and 3. Combining provisions from a number of
obligations of the parties, and the remedies “forms” may result in inconsistencies.
in case of breach.
3. A written contract memorializes necessary CHECKLIST OF MATTERS TO BE CONSIDERED
information so that it is readily accessible WHEN WRITING A CONTRACT FOR THE SALE OF
later. A well-written contract will better GOODS:
protect a party better in case the contract
goes into litigation. 1. Parties and subject matter
a. Definitions
b. Parties
c. Date of contract
ESSENTIAL CONTRACT TERMS: d. Description of goods
2. Operative provisions
1. Parties and subject matter a. Price
2. Operative provisions b. Obligations of the seller
3. Contingencies c. Obligations of the buyer
d. Time for performance
Others:
3. Contingencies
1. Defined terms a. Warranties
 used instead of the full names of the b. Transfer of title to goods and risk of loss
parties which shortens the contract c. Excuse of performance
considerably: consistency of use throughout the d. Remedies of the seller
contract is the key) e. Remedies of the buyer

2. Negotiated terms 4. Provisions required by statute or case law

 the terms of the contract that the
parties talked about and agreed upon 5. Boilerplate
a. Modification or amendment of the contract
3. Unnegotiated terms b. Assignment of contract
 Terms that the parties never formally c. Notice provision
agreed upon – contingencies d. Choice of law/venue provision
e. Attorneys fees
4. Boilerplate provisions f. Saving clause
 Provisions common to all legal
documents of the same type 6. Signature lines

Examples:
Checklist of matters to be considered in drafting an
a. Notice employment agreement:
b. Assignment
c. Choice of law  Attorney – Name, address
d. Choice of venue  Client - Name, address
e. Attorney’s fees  Effective date of agreement
f. Saving clause  Statement of purposes for which attorney is
employed
  Statement that attorney-client relationship
is created for purposes stated in the
agreement
 Duration of agreement
 Compensation of attorney
a. amount
b. manner of fixing and paying
c. amount and payment of retainer, if
any
d. contingent fee arrangements if any
e. fixed fee, if any
f. compensation in the event of
dismissal of attorney by client
 Provision on lien in favor of attorney on an
recovery made, or for a possessory lien on
documents and the like, to secure payment
for general legal work
2. Recitals (the basis of the contract and
statement that the parties agree to the
remainder of the terms in the contract
3. Body (subject matter, definition section,
operative provisions, contingencies,
boilerplate)
4. Signatures
Notes:
Good organization means that related terms are near
each other and are placed in a logical order.
The skill of an experienced attorney is knowing when
to be precise and when to be imprecise.
Although the material terms of the transaction are
usually well-defined, sometimes some must be
purposefully vague.

 Costs and expenses to be born by attorney Ex. Contract of sale, produce

(authorization from client to employ
associate or assistant counsel, investigators Contingencies, on the other hand, must be stated with
and experts) particularity if a particular contingency is likely to
occur.
 Statement that favorable outcome is not
warranted by the attorney Ex. Seller excused if particular product is not
obtained by a certain date
 Termination of contract
a. substitution or discharge
b. withdrawal of attorney

 Grant by client of power of attorney to

execute the necessary documents
 Incorporation by reference of other
documents into the agreement

 Disposition of disputes
a. Arbitration
b. Other methods of alternative
dispute resolution

 Date of agreement

 Signatures

ORGANIZATION AND FORMAT

The challenge in writing the “perfect contract”

is to
 accurately state the negotiated provisions
 include any provisions required by statute or
case law
 predict everything that will happen between the
parties as the contract is performed
 observe organization and format

Traditional parts of a contract

1. Introduction (names of the parties and the

date)
ACTIVITY 5: TRIAL MEMORANDUM WRITING
TIME TABLE: ONE WEEK
Statement of Marimar del Castillo.
I, MARIMAR DEL CASTILLO, Filipino, of legal age,
residing at 965 Kasamahan Street, Malate, Manila,
after having been sworn in accordance with law
hereby depose and state:
1. I am 39 years old, a civil engineer by
profession. Last February 2, 2009, I was married to
Joshua Hernandez and begot one son, Marlon, born
last March 1, 2010.
2. During our marriage, Joshua was never a
good husband and provider since he never provided
me and his son, Marlon since he was always out
being a lawyer, working in a Public Attorney’s
Office, assigned in Laguna. He seldom went home
to us and every time I asked him, he would just get
angry;
3. After three months after the birth of our
son, Joshua confided to me that he got another
woman, Collin, pregnant and that if he have to live
with this other woman if not the family of Collin will
file a disbarment case against him. He asked me to
be understanding and promised me that he will just
support me and my son, Marlon.
4.I agreed to the set up since I was not also
comfortable living together with Joshua, who was
always drunk every time he was with me and our
son.
5.After he left us, he never gave us the support he
promised me. I kept on calling him but his cellular
phone could no longer be contacted. So, on August
5, 2010 I went to his office to talk with him
regarding the support he promised me, only to be
informed that Jushua had already transferred
assignment to Leyte, also as a PAO lawyer. I asked
for his address but nobody knew about his address,
so I wrote the National Office of PAO but I did not
receive any answer.
6. While I was looking for Joshua, I met an old
friend, Mellita, who told me that Joshua had a
previous marriage, before we were married and
have two children with that woman, a certain
Catherine Ng, who is already married to a Canadian
national and had long since left the country with her
Canadian husband and two children with Joshua.
7. I requested for a copy of the Marriage
Certificate of Joshua and Catherine Ng and proved
the story of my friend to be true. I have tried to live
a normal life with my son and concentrated with my
work as an engineer in one of the construction.
Company. But my salary was not enough since
during my marriage with Joshua, we applied for a
housing loan with PAG-IBIG, which premium was
deducted to my monthly salary.
8. During our relationship, Joshua acquired a lot
in Laguna just after we got married. He also applied a
car loan, a Toyota Innova which he used in his work as
a PAO lawyer in Laguna, but I was the one paying its
monthly installment since, Joshua had no checking
account, so I issued twenty four (24) post dated
checks. He brought the Toyota Innova when he left for
Leyte with Collin;
9. Last year, I bought a lot in installment wherein
the Contract of Sale was in our name. But because,
Joshua was no longer with us, I talked with the owner
of the lot and asked for reimbursement of all the
money I paid for the lot, but the owner demanded for
a written authorization from my husband, who also
signed in the contract of sale.
10. Because of these expenses, I have no money
in the bank and I have a hard time meeting both ends
with my son. Whom I have to leave under the care of
my mother every time I report to my work. I was not
able to save anything for myself.
11. Before he left me for another woman, we had a
fight since he forced me to sign an agreement that I
agreed to his relationship with Collin and brought with
him my computer set and Apple laptop which I
acquired when I was single.
12. When Joshua left me and my son, he tried to
patch up things with me, but the weeks leading up to
his departure were horrible. We tried to settle issues
about bills and his time with our son at his new place,
and we ended up fighting. He often told me about his
plans to visit our son if his schedule would allow him,
but it was not followed. He said a lot of hurtful things
about the separation. He hit me twice before finally
storming out of the house.
13. Joshua is openly talking to people about our
separation and gave all the blame to me. I finally got
his new address two months ago, when I personally
inquired from the PAO national office, but he refused
to give the support he promised to me and our son.
14. I am executing this Statement for the purpose
of filing the appropriate action against Joshua
Hernandez, to protect my rights before the courts of
law.
Statement of Joshua Hernandez.
I, Joshua Hernandez, Filipino, of legal age, residing at
Palonpon, Leyte, after having been sworn in
accordance with law hereby depose and state:
1. I am 45 years old and a lawyer by profession. I
was married to Catherine Ng, who later left me to
pursue her nursing career in Canada in 2006. She
served divorce papers to my residence a year later.
She is now married to an Canada. I thought of filing a
case for damages against her for what she did to me,
but I decided against it for the sake of our two
children.

2. I met Marimar del Castillo in the

construction firm where she worked as an engineer.
She literally threw herself at me and kept following
me around until I took notice of her. I was forced to
marry her when one night I got drunk I slept in her
house and when her parents saw me, they
threatened to file a disbarment case against me.
We got married in a civil ceremony on February 2,
2009. I continued reporting to my work as a PAO
lawyer in Laguna and went home to her and our
son, Marlon every weekend. I was never happy with
my marriage to her since I was not in love with her,
but because of our son I was forced to visit her and
gave a portion of my salary to her. Bur instead of
thanking me she would always nag on me. This is
the reason why I asked for transfer from Laguna to
Leyte since I was not happy with my marriage to
her.

3. During the time we lived together (from

2009 to 2010), I acquired many properties: a car, a
lot, shares of stock and the appliances. I also paid
all the household bills. She never contributed a
single centavo for the upkeep of our place. She
used up all her money to buy expensive clothes,
jewelry and other trinkets.

4. I am executing this Statement to protect

my rights before the courts of law. I intend to get
all my properties for distribution to my three
children.

INSTRUCTIONS: Choose a side and prepare a trial

memorandum. Limit your arguments to only four
main points. Utilize the rules of citation and
bibliography in the Manual of Judicial Writing.

Your paper should be typewritten, in short bond

paper with one-inch margins, font 12.

Additional points will be given to those who will

include their first draft with red or pencil marks as
proof that the editing stage (The Judge) was
completed.

Criteria for Grading:

Communicating in English 20
Sorting out conflicting claims and extracting
facts relevant to the issues 15
Identifying the issue
or issues presented 15
Constructing arguments and
persuading readers
to your point of view 35
Legal citation and bibliography 15
TOTAL 100
FINAL INSTRUCTIONS:

1. Compile your papers and use the class folder color. Use only slide folders.

2. Do not include a printed copy of the instructions or handout in your submission.

3. Copy-paste the following on the center of your cover page (for grading purposes):
Activity 1: Letter Writing
Grammar/English - ____ Activity 5: Trial Memorandum Writing
Logical flow of the letter - ____ _____ WITH EDITED DRAFT
Letter format - ____
Content Communicating in English /
(based on the given facts) - ____ 20
Total - /20 Sorting out conflicting claims
and extracting facts relevant /
Activity 2: Diagnostic Test on Citation Rules to the issues 15
_____ COMPLETED Identifying the issue
or issues presented /
Activity 3: Legal Opinion Writing 15
_____ WITH EDITED DRAFT Constructing arguments and
persuading readers /
Communicating in English / to your point of view 35
and 20 Legal citation and bibliography /
Sorting out conflicting claims 15
and extracting facts relevant / TOTAL
to the issues 15
Identifying the issue
or issues presented /
15 Include the following details in the lower right
Constructing arguments and hand corner of the cover page:
persuading readers /
to your point of view 50 Final Legal Writing Project
TOTAL (Last Name, Name, Middle Initial)

Activity 4: Retainer Agreement

_____ COMPLETED

4. Deadline for submission is on October

26, 2013. Late papers will not be
accepted.

ATTY. RUTH ARLENE TAN CHING

Professor