2008 BAR EXAMINATION QUESTIONS ANS ANSWERS

LEGAL ETHICS AND PRACTICAL EXERCISES

Ian Alba owns a house and lot at No. 9 West Aguila, Green Cross Subdivision, Quezon City,
which he leased to Jun Miranda for a term of two years starting May 1, 2006, at a monthly rental
of P50,000. Jun defaulted in the payments of his rentals for six (6) months, from January 1,
2007 to June 30, 2007.

a. Prepare a demand letter as lawyer of Ian Alba addressed to Jun Miranda preparatory to
filing an ejectment case. (3%)

July 30, 2007

No. 9 West Aguila, Green Cross Subd.

Quezon City

Dear Mr. Jun Miranda,

This letter is a formal notification that you are in default of your obligation to make
payments of the leased premise. This holds the sum of Php300,000, equivalent to six months of
unpaid rental at Php50,000 per month.

This amount has been overdue since June 30, 2007 and you have ignored multiple requests to
make a payment.

As the above rentals are in default, demand is hereby made for the full amount due. Failure to
comply will result in Mr. Ian Alba pursuing further legal action.

Very truly yours,

[ATTORNEY]
Assume Jun Miranda did not heed your demand letter. Draft a complaint for ejectment. (Omit
verification and affidavit of non-forum shopping). (9%)

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
QUEZON CITY, MANILA

IAN ALBA,
Plaintiff

-versus- Civil Case No.

For: Unlawful Detainer

JUN MIRANDE,
Defendant

---------------------------------------x

COMPLAINT

Plaintiff, through counsel, alleges the following:

1. That plaintiff Ian Alba is single, Filipino and residing at

_________________________________;

2. Defendant Jun Miranda is single, Filipino and residing at

______________________________________________________;

3. Plaintiff is the owner of the house and lot located at No. 9 West Aguila, Green Cross
Subdivision, Quezon City, manila;

4. By virtue of a contract of lease, plaintiff leased to defendant the said apartment for a
consideration of Php50,000 a month for a term of two years starting May 1, 2006;

5. Defendant failed to pay the agreed rent for several months starting from January 1, 2007
to June 30, 2007;

6. On July 1, 2007, plaintiff sent a letter to defendant demanding him to vacate the
apartment, which the letter was received by defendant as shown in the registry return
receipt hereto attached;

7. Despite said letter an oral demands, defendant failed and still refused to pay tha agreed
amount rentals and to vacate the apartment;
 8. Thus, plaintiff was compelled to file the complaint engaging the services of counsel.

WHEREFORE, it is respectfully prayed that judgment be rendered ordering the

defendant to vacate the premises, to pay te unpaid rental in the amount of Php300,000 and
further rentals until defendant actually vacate the premises, and to pay the costs of the suit.

Plaintiff prays for such other remedy as this Honorable court may deem just and
equitable.

XI

Draft a complete deed of donation of a piece of land in accordance with the form prescribed by
the Civil Code. (8%)

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S.S.

DEED OF DONATION

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF DONATION, made and executed by:

(Donors name) , of legal age, single/married, Filipino citizen and with residence and
postal address at __________________________________________________________,
Hereinafter called the DONOR,
-in favor of-
(Donees Name) , of legal age, single/married, Filipino cotozen and with residence at
__________________________________________________________________________.
Hereinafter called the DONEE,

WITNESSETH:

1. That the DONOR is the owner in fee simple of that certain real property situated
at ________________________________________________________________, and more
particularly described in Transfer/Original Certificate of Title No. _____ of the Land Registry of
________, as follows to wit:

A parcel of land ____________________________________ Psd-____ being a portion of Lot

___, described on plan Psd-______, LRC (GLRO) Rec. No. (NA), situated in the
_______________________________________________________. Bounded in the N., points
1 to 2 by Lot 1; on the E., points 2 to 3 by road lot; on the S , points 3 to 4 by lot 5 and on the
W., points 4 to 5 by Lot 6; points 5 to 6 by Lot 4, and points 6 to 1 by Lot 2, all of Block 1, all of
the subdivision plan.
Containing an area of ________________ square meters, more or less. All points referred to
are indicated on the plan and are marked on the ground by
__________________________________________________; bearing true, date of original
survey, _______________.

2. That for and in consideration of the love and affection which the donor has for the
DONEE, the said DONOR by these presents do hereby cede, transfer and convey, unto the
DONEE, his heirs and assigns, the real property above described with all the buildings and
improvements thereon, to become effective upon the death of the donor, the present donation
shall be deemed rescinded and of no further force and effect.
3. That the DONEE does hereby accept this donation of the above-described real
property real property, and do hereby express her gratitude for the kindness and liberality of the
DONOR.
4. That the DONOR hereby retains the right to control and dispose at will the
above-described property before his death, without need of the consent or intervention of the
DONEE.

IN WITNESS WHEREOF, the DONOR and the DONEE have hereunto signed this deed of
donation, this ___ day of ______________, 2016, in _______________, Philippines.

(sgd) _________________ (sgd) ________________________

Donor Donee

ATTESTATION CLAUSE
JOINT ACKNOWLEDGMENT