ACTIVITY 1: LETTER WRITING TIME TABLE: TWO DAYS (Sept., 2012) 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 Cs of writing (Clear, Concise, Correct and Complete). You will be graded based on the following: Grammar/English Logical flow of the letter Letter format Content (based on the given facts) Total 5 points 5 points 5 points 5 points 20 points

and as far as she knew, no progress has been made. She narrates that she tried contacting her partner, to no avail. Write a demand letter to Mr. Manggagantso. 3. One of your clients, Joseph Klaro, is a building contractor. He complains that one of his clients, AXN 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 corporations legal counsel, Atty. Pedro Laging-galit. b) Atty. Laging-galit has replied to your letter above and has asked for a 30day 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 sixtyday 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 clients terms. 4. A prominent businesswoman, Ms. Patricia Korona, 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. Korona 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. Korona that you cannot take her case. State your reasons. 5. Your client, Mr. Conrado V. Soliven, narrated that he has failed to pay P145,000.00 to one of his suppliers, Zeeteedee Corporation. He has received a final demand letter from the corporations legal counsel, Atty. Cezar T. Azar of Azar & Azar 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. Azar (who, in turn, has to forward the proposal to his client).

1. You are the legal counsel for Corporation XYZ Incorporated. On March 15, 2012, you receive Billing Statement 216 dated March 10, 2012 from the companys former external counsel, Ubas Jimenez & Associates, totaling P46,766.00. 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 2009 to 2010. 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 MLK Co., Inc. One of the secretaries, Tricia J. Espiritu, absented herself from work on March 21, 2012 without informing her immediate supervisor, Karen D. Romulo (Assistant Head for Purchasing). You check Ms. Espiritus 201 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. Espiritu requiring her to explain her side in writing no later than three days from receipt of notice. 1. Your client Ms. Natalie Portwoman invested P3million in a partnership with Mr. Mario Manggagantso 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 months since she turned over the amount

6. Your Uncle Johnny Matumal seeks your expert legal advice about his failed marriage. He has left your Aunt Marsha, his wife of 15 years, and they have not seen each other for ten months. Your Uncle says he wants marry his girlfriend and move on with his life. He also wants to know the following: a) b) c) d) 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? Is he obliged to give support to his family, including for his only sons education (they have a ten-year old, Juan)? What is his legal recourse, if any? What if his girlfriend is pregnant, what is the status of the child?

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., 2012) 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 98 to 100 of the transcript of stenographic notes taken in a robbery case before the Regional Trial Court of Makati City, Branch 111 on September 11, 2006. ________________________________________________________________________ 2. Cite pages 211 to 216 of the records found in the Rollo of the Court of Appeals. ____________________________________________________ 3. Cite the following case: People of the Philippines versus Juan B. De la Cruz. Your source is volume 198 of the Philippine Reports, and the case is found on pages 100 to 125. The G.R. No. is 123456, and the promulgation date is June 3, 1970. ________________________________________________________________________ 4. Cite Wanda C. Rivera versus Jose D. Santos. Your source is volume 345 of the Supreme Court Reports Annotated, and the case is found on pages 325 to 400. The G.R. No. is 345986, and the promulgation date is July 15, 1999. _____________________________________________________________________ 5. Cite Section 5, Article VIII, Number 5 of the __________________________________________________________ 1987 Constitution 1935

Read each item carefully. Write the correct citation in the blanks provided. No erasures.
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 partys 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 crossexamination. 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 petitioners 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

6. Cite Article III, Section 1, paragraph 3 of the Constitution___________________________________________________________

Footnote 1: 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 438 of volume 485 of the Supreme 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, 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.

7. Cite the records of the trial court found in pages 126 to 130 which has been marked as Exhibit A by the prosecution. ________________________________________________________________________ 8. Cite Section 2, paragraph (a) of Rule 130 of the Rules of Court. ______________________________________________________________ 9. Cite People of the Philippines versus Court of Appeals. This case has not yet been published. The G.R. No. is 489762, while the promulgation date is June 18, 2007. ________________________________________________________________________ 10. Cite pages 267 to 280 of the pages of the records of the Supreme Court. _____________________________________________________

_______________________________________________________ _______________________________________________________ 3 _______________________________________________________ 4 _______________________________________________________ 5 _______________________________________________________ 6 _______________________________________________________

1 2

Footnote 3: The statement was taken from Jude De La Torre versus Court of Appeals, promulgated on June 10, 2000. It is found on page 829 of volume 381, Philippine Reports. The case starts on page 819. Footnote 4: The statement is taken from Michael V. Hanopol versus Shoemart Incorporated. It is found on page 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. 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 Court Reports Annotated. The case begins on page 424.

ACTIVITY 3: LEGAL OPINION WRITING TIME TABLE: Oct., 2012 The Curious Case of Ronda X. Rivera Ronda 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. Ronda 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 masters degree in Business Administration. She was also encouraged to take up law on a scholarship. Ronda was in no hurry to enroll in the graduate program, though. She wanted to spend more time with her boyfriend, Denis D. Menis. He had been very demanding lately, and Ronda did not want to upset him. She loved him very much and wanted to spend the rest of her life with him. Denis however was not as enamored with Ronda. 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 careerhe could barely even hold down a job! (Denis was the type who regularly assured himself that his good looks

would get him anywhere, that he was Gods gift to women.) What Denis found frustrating was Rondas refusal to sleep with him. He had tried several times to persuade her, but he always got a firm No. So Denis devised a plan. On June 11, 2009, Denis took Ronda 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 Denis would be having dinner by candle light. Ronda enjoyed the food immensely. After ordering wine, Denis proposed to Ronda and offered a ring he had borrowed from his grandmother (he had promised to return it after two months). Ronda 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. Denis 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 Ronda was, Denis 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), Ronda agreed. After that fateful night, Denis started avoiding Ronda. 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, Ronda stopped trying to contact Denis. To forget about her depression, she went on drinking sprees and to parties with her friends. At around 8:30 p.m. on August 20, 2009, while Ronda 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 Ronda step out of the car. Fearing for her life, she did as she was told. While the leader pointed the gun at Ronda, his two accomplices ransacked the vehicle for valuables. They took Rondas 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 Rondas brand new MacBook Pro. Despite her tearful pleas, Ronda 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 Ronda by the side of the road near her car. They rushed her to a hospital and contacted the local police. Two days later, Ronda was able to give a vivid description of the three men to the police. The suspects were arrested several days later.

Ronda also pregnant.

found

out

that

she

was

GENERAL INSTRUCTIONS: Ronda 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 Ronda. 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.

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. 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 house on monthly installments

3. To provide a means or method to resolve future problems Regulating Document develops procedures to resolve future problems without necessarily directing a particular result. It is prepared when there is going to 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.

8 7

HANDOUT ON CONTRACT DRAFTING

Steve Barber, Legal Writing, Delmar Publishers, 2nd ed. (1997) 178-180.

Bast and Hawkins, Foundations of Legal Research & Writing, Chapter 14, 2nd ed. 386418.

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.

Disadvantages: ESSENTIAL CONTRACT TERMS: 1. 2. 3. Others: Defined terms used instead of the full names of the parties which shortens the contract considerably: consistency of use throughout the contract is the key) 2. Negotiated terms the terms of the contract that the parties talked about and agreed upon 3. Unnegotiated terms Terms that the parties never formally agreed upon contingencies 4. Boilerplate provisions Provisions common to all legal documents of the same type Examples: a. Notice b. Assignment c. Choice of law d. Choice of venue e. Attorneys fees f. Saving clause Advantages of using contract forms: 1. 2. 3. They cut down on the time and expense of preparing the contract. The terms can be easily filled in to correspond to the particular transaction. Changes may be made either in writing or by attaching an addendum to the contract. 3. 2. Parties and subject matter Operative provisions Contingencies 1. 2. They may not be tailored to a particular transaction. A form should be analyzed to determine whether there is a valid reason for including each provision and whether any other provisions are necessary for a particular transaction. Combining provisions from a number of forms may result in inconsistencies. 6.

f. Saving clause Signature lines

Checklist of matters to be considered in drafting an employment agreement: Attorney Name, address Client - Name, address Effective date of agreement 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 Costs and expenses to be born by attorney (authorization from client to employ associate or assistant counsel, investigators and experts) Statement that favorable outcome is not warranted by the attorney Termination of contract a. substitution or discharge b. withdrawal of attorney

What do you do when you read a contract? 1. 2. 3. Read carefully. Decide whether a party can perform all that is expected of him or her under the contract. Decide whether the contract includes everything the party expected.

1.

3.

CHECKLIST OF MATTERS TO BE CONSIDERED WHEN WRITING A CONTRACT FOR THE SALE OF GOODS: 1. Parties and subject matter a. Definitions b. Parties c. Date of contract d. Description of goods Operative provisions a. Price b. Obligations of the seller c. Obligations of the buyer d. Time for performance Contingencies a. Warranties b. Transfer of title to goods and risk of loss c. Excuse of performance d. Remedies of the seller e. Remedies of the buyer Provisions required by statute or case law Boilerplate a. Modification or amendment of the contract b. Assignment of contract c. Notice provision d. Choice of law/venue provision e. Attorneys fees

Remember: absence of a particular contract term may create a big problem (Discuss void, voidable, unenforceable contracts) Why should contracts be in writing?

The law requires certain contracts to be in writing are generally referred to as falling within the statute of frauds. Even if not required, it is advisable to put a contract of any importance in writing.

Reasons: 1. The written contract furnishes proof of the parties agreement. 2. The contract spells out the basic terms of the transaction, the respective rights and obligations of the parties, and the remedies in case of breach. 3. A written contract memorializes necessary information so that it is readily accessible later. A well-written contract will better protect a party better in case the contract goes into litigation.

4. 5.

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

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. Ex. Contract of sale, produce Contingencies, on the other hand, must be stated with particularity if a particular contingency is likely to occur. Ex. Seller excused if particular product is not obtained by a certain date

ACTIVITY 5: TRIAL MEMORANDUM WRITING TIME TABLE: ONE WEEK Statement of Karenina B. Lago I, Karenina B. Lago, Filipino, of legal age, residing at 1234 Mapayapa Street, Sampaloc Manila, after having been sworn in accordance with law hereby depose and state: 1. I am 38 years old, an accountant by profession, and previously married to Joshua T. Dy for three years but separated from him in December 2000. We have a daughter, Karyn. My ex-husband filed a petition for annulment of marriage last October 2011. It is still pending in the Regional Trial Court of Makati City. 2. Immediately after my exhusband and I separated, I met Darius J. Santos, a doctor in one of the hospitals that our auditing firm services. We started dating immediately after we met. 3. Darius had two previous marriages. In 1988, he was married to Carol Exconde. They separated in 1992, but they had three boys (Boyet, who is now 22 and working as a gym instructor; Daniel, who is graduating from De La Salle-College of St. Benilde this term; and Romeo, who just turned 16). I grew very close to the boys and treated them like my own. I am also friends with Carol. She told me that they separated because of a third party, and Darius even left them to live with the other woman. Carol also filed an annulment case, but it was dismissed due to "disinterest", since she was said to be missing the hearings. She went to the US in 2004 or 2005 and is now staying in California. She eventually

filed for divorce and got married to an American. 4. Milette Torres, the second wife, knew about the first marriage and also had her previous marriage annulled. She had two kids from the previous marriage. She and Darius lived together from 1998 to 2002. They stayed at Milettes place in Quezon City, then bought property in Batangas where they were supposed to transfer eventually in 2001. Darius got Milette pregnant that year and was allegedly forced to marry her, to "save face" in the company she was with then. They got married on January 5, 2001, in the vicinity of the Health Center in QC Hall, officiated by a pastor. Milette had a spontaneous abortion after that. Actually, Darius and I were already having an affair while he was still living with Milette, and even after they already married. 5. Milette knew about me and harrassed me for some time. Darius claimed he eventually left her for me in the early parts of 2002. We did not exactly stay in one house; Darius was maintaining a condominium unit Quezon City while I was in my mothers house in Sampaloc. I found out later that he was still going to Milettes place, and I made moves to terminate my relationship with him. But he was persistent and begged me to keep the relationship, with the promise to leave Milette for good. We stayed in Quezon City just about the time I was establishing my practice. 6. Darius and I have three kids Coleen in 2003, Cora in 2004, and Carlo in 2009. I would describe him as a very controlling, dominant, verbally abusive mate. The verbal abuse would come in the form of curses, demeaning remarks. He had a temper problem also. He controlled all aspects of our "family life" and controlled me as well - from my hair, to my clothes, to my things, and even to

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. 2. Introduction (names of the parties and the date) Recitals (the basis of the contract and statement that the parties agree to the remainder of the terms in the contract Body (subject matter, definition section, operative provisions, contingencies, boilerplate) Signatures

3. 4. Notes:

Good organization means that related terms are near each other and are placed in a logical order.

my decisions. I basically followed everything he would say. His ex-wife Carol said he was physically abusive as well, and that she suffered a lot of physical assaults from him. During our relationship, I could recall 3 counts of physical violence, from which I sustained bruises and wounds. The sad thing about it is that my kids witnessed the violent incidents. 7. Milette continued harrassing us after Darius left her. She filed an annulment case in Antipolo, a criminal case for bigamy against in Quezon City, and an administrative case (dishonorable conduct and immorality) against us with the PRC. The annulment case was granted due to lack of marriage license. The bigamy case in QC was put on hold but has now been recalled. The PRC case was decided on early last year, with us being judged as "guilty" for dishonorable conduct. The case has been appealed to the Commission, after the motion was denied at the level of the Board of Medicine and Accountancy, respectively. 8. During our relationship, Darius acquired a lot in Alabang Hills in 2003. He claimed I was placed as co-owner, but I never signed anything. He also got a second-hand BMW, which he later sold, then got a Toyota Innova. Then, there was the motorcycle which he got in 2006. He bought all of these when we were together, but there are no proofs of my participation in the payments. We were also able to acquire many appliances for the home; we paid in cash and papers would be in his name. He also used his credit cards for the large purchases, and so he had all proofs of payments. 9. Last year, we bought a new car, a Ford Escape with Plate Number ACT

001. Part of the P120,000 downpayment we obtained from our pooled funds. We sold his old car (an old Lancer) for P60,000 and added that to complete the downpayment. The car loan was from BPI, and the new car was placed in my name. I also own 100 shares of stock in San Miguel Corporation, but Darius took my attach case where all my important documents were stored. He refuses to give it back to me. 10. But we pooled all our funds. I did most of the accounting and diligently allotted for all bills. From 2002 to 2006, I did not make much money as an accountant, but I gave to our family everything I earned. I started my accounting firm in 2006, so I was making more, and still gave everything to our pooled funds. Sadly, I was not able to save anything for myself. 11. Three months ago, we got into a nasty fight. He said he was going to leave the house and would find another place to stay. He said I had a lot of faults and that I was selfish. I tried to talk him out of it to no avail. However, he lingered and stayed in our house still until the end of June. He told me he had not found a new place and did not have enough money yet to pay for downpayments/rental deposit. During those weeks that he spent in the house, things got more complicated. He got himself an armalite in good condition for 180T (he said it was to be paid in terms). I was scared when he did this because he sometimes brandished it in front of me. 12. Darius finally left in August, but the weeks leading up to his departure were horrible. We tried to settle issues about bills and his time with the kids at his new place, and we ended up fighting. He often told me about his plans to stay away indefinitely and probably find women to have affairs with. He said a lot of

hurtful things about the separation. He hit me twice before finally storming out of the house. 13. Darius is openly talking to people about our separation and is declaring himself single and available. He told me that he could not give me anything for the children. He took my laptop, our 32-inch Bravia flat screen television and my Canon EOS camera. He also threatened to get the new car, insisting that I could not have bought it without his help. 14. I am executing this Statement for the purpose of filing the appropriate action against Darius J. Santos to protect my rights before the courts of law. Statement of Darius J. Santos I, Darius J. Santos, Filipino, of legal age, residing at 1864 J. Vargas Street, Quezon City, after having been sworn in accordance with law hereby depose and state: 1. I am 45 years old and an endocrinologist-internist by profession. I was married to Carol Exconde, who later left me to pursue her nursing career in the US in 2004. She served divorce papers to my residence a year later. She is now married to an American. 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 three children. 2. I met Karenina B. Lago in the hospital where she worked as an accountant. She literally threw herself at me and kept following me around until I took notice of her. We had a relationship which was short lived because she had many affairs with

many men. She tells her friends that I am the father of her three children, but I know better. 3. During the time we lived together (from 2006 to 2009), 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 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 Legal citation and bibliography TOTAL 20 15 15

35 15 100

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 ____ Logical flow of the letter ____ Letter format ____ Content (based on the given facts) ____ Total /20 Activity 2: Diagnostic Test on Citation Rules _____ COMPLETED Activity 3: Legal Opinion Writing _____ WITH EDITED DRAFT 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 / 20 15 15 50 / / /

Activity 5: Trial Memorandum Writing _____ WITH EDITED DRAFT Communicating in English 20 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 Legal citation and bibliography TOTAL 15 15 35 15 / / / / /

Include the following details in the lower right hand corner of the cover page:
Final Legal Writing Project (Last Name, Name, Middle Initial)

Activity 4: Retainer Agreement _____ COMPLETED

4. Deadline for submission is on October 27, 2012. Late papers will not be accepted.