FINAL EXAM IN LEGAL COUNSELING

ROMINA E.VILLAMOR LAW 2C May 27, 2018

1. A lawyer has various options to choose from concerning focus or specialization. He may
focus on or choose to pursue either a private or government practice. As a private
practitioner he must be able to establish a good name for himself and for the firm that he
may want to be a part of. Since a private practitioner relies solely on the bulk of clients he
may retain for his living, he must ensure that cases he handles are often if not always
successful. This will greatly help him establish a solid ground in the legal field. On the
other hand, if he chooses to be a government lawyer, there is less pressure as regards
client retention. He may be a PAO lawyer or a legal officer of any of the agencies or
instrumentalities of the government, which pays a fixed monthly rate. In such a case, his
expenses are entirely dependent on the pay he receives which even includes bonuses as
part of the usual salary packages given by the government. Whichever option he chooses,
it is a must that he does not forget to observe faithfully the canons in the Code of
Professional Responsibility as this is the only guiding principle to keep one’s legal practice
healthy and efficient.
2. In order that I may be able to maintain my clientele, I must make myself accessible and
reachable as much as possible. In order to realize this, I must establish an office which my
client could visit for an appointment. I must make sure that the cases I handle are those
which I could very well attend to. This means that I must only accept certain number of
cases which I can commit my expertise and time so as to give each of my client the
optimum service they have paid for. Also, I must guaranty that I could expertly handle
cases I accept which means that I must exert effort to win the cases when the evidences
are working favorably for our advantage. Ultimately, to keep the trust of the clients, I
must exhibit professionalism and moral righteousness in all dealings with the court,
colleagues, clients, and to any person as mandated by the Code of Professional
Responsibility.
3. Yes. I shall accept the case. Regardless of the guilt or innocence of the driver, it is my duty
that I render my legal expertise. A lawyer must not deny anyone his legal service; however
he must clarify to his client the real status of the case and explain that the evidences shall
prove his innocence or guilt. Furthermore, as his lawyer who has witnessed the crime
itself, must candidly explain that in case the court proves his guilt, I can ensure that I shall
do all that I can that he be meted out the lowest penalty for the crime. For a guilty client,
acquittal cannot always be ensured, but to be able to convince the court for a lower
penalty, if not the lowest, would already be a great legal service to the client.
4. A) SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

WE, ROMINA VILLAMOR single/married ROBERTO VILLAMOR, of legal age, with residence
and postal address at PNB Compound, Brgy. 8 Bagumbayan, Legazpi City do hereby
APPOINT GINA BORROMEO single/married JONATHAN BORROMEO, likewise of legal age,
with postal address at Purok 7, Brgy. 4, Sagmin, Legazpi City as our true and legal
representative to act for and in our name and stead and to perform the following acts:

To sell, offer for sale, and come to an agreement as to the purchase price and thereafter
to sign for us and in our name and receive payment from the sale of our property more
particularly described as follows: Black Mitsubishi Montero, model 2017.

HEREBY GRANTING unto our representative full power and authority to execute and
perform every act necessary to render effective the power to sell the foregoing
properties, as though we ourselves, have so performed it, and HEREBY APPROVING ALL
that he may do by virtue hereof with full right of substitution of his person and revocation
of this instrument.

IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS 2nd DAY OF MAY 2018,
AT LEGAZPI CITY.

ROMINA VILLAMOR `GINA BORROMEO

(Name of Principal) (Name of Agent /Attorney-In-Fact)

Signed in the presence of:

ROBERTO VILLAMOR JONATHAN BORROMEO
Republic of the Philippines )
LEGAZPI CITY ) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

Romina Villamor 10000000 Jan 09, 2018 / Legazpi City
Gina Borromeo 10000000 Jan 16, 2018 / Legazpi City

Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act and
deed.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.

B) NOTICE OF APPEARANCE

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
City of Legazpi
Branch 1

JUAN DIMAGIBA,
Plaintiff,
CIVIL CASE No. 12345
-versus- FOR: Collection of Sum of Money
JOHN JAMES JUAN,
Defendant.
x—————————————————-x
ENTRY OF APPEARANCE
THE BRANCH CLERK OF COURT
Regional Trial Court
City of Legazpi – Branch 1

Please enter appearance of the undersigned as counsel for the defendant JOHN JAMES
JUAN, with his express conformity as indicated below, in this case. Henceforth, kindly
address all pertinent notices to the undersigned at the address given below.

RESPECTFULLY SUBMITTED.
City of Legazpi, Philippines, May 2, 2018.

VILLAMOR AND CAPINIG LAW OFFICE

Counsel for the Defendant
Room 305 Villamor Building
Legazpi City

By:
Romina Villamor
Roll No. 23456
IBP No. 22345/1-3-12/Manila
PTR No. 33456/1-3-12/Manila
With conformity:
JOHN JAMES JUAN

Copy furnished:
WINSTON LUPO
Counsel for the Plaintiff
Room 6901 Nada Building
Legazpi City
C) COMPLAINT AFFIDAVIT FOR RAPE

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
LEGAZPI CITY

Maria B. Colit
Complainant
vs. I.S. No. ____________
For: Rape
Pedro A. Camacho
Respondent.

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

COMPLAINT-AFFIDAVIT

I, MARIA BAS COLIT, Filipino, of legal age, and with residence at No. 69 Sitio Capcapan,
Magayon St., Brgy. Bagong Tubo, Sto. Domingo, Albay after having been duly sworn in
accordance with law, hereby depose and state that:
(1) This complaint-affidavit is being filed to charge Pedro A. Camacho a.k.a “Biboy”,
Filipino, of legal age, and with residence at No. 11 Mapurol St., Barangay Lumang
Pahingahan, Legazpi City of the crime of Rape under Article (Art.) 266 of the Revised Penal
Code (RPC), committed as follows:
(a) On 30 June 2002, at around 8:00 in the morning, I was barely 5 years of age when
Juan Tamang came by and invited me to watch Barney at the house of Camacho.
(b) On the way to their house, we passed by a small nipa hut where Camacho
suddenly pushed me and Juan Tamang inside.
(c) Camacho then closed the door, with kitchen knife in his hands told us “Walang
magiingay at huwag kayong magsusumbong, kung hindi papatayin ko kayo!”
(d) Camacho then forcibly removed my underwear and pinned me on the floor. Out
of fear for my life, I did not resist.
(e) Then Camacho drew his short pants down to his knees, and he inserted his penis
into my vagina.
(f) After satisfying his carnal desires, Camacho once again told us not to tell anyone
or else he will kill us.
(g) Thereafter, he gave me a cloud 9 choco bar. However, I threw it away.
(2) It took me several months before I my mother, Sopronia B. Colit, was able to
overcome my fear and told what happened to me.
(3) My mother and I went to the police station to report the crime committed by
Camacho against my person. The police took my sworn statement, a copy of which is
hereto attached and made an integral part hereof as Annex “A”. Thereafter, I was
examined by their medico-legal officer. A copy of the Medico-Legal Report is likewise
hereto attached and made an integral part hereof as Annex “B”.
(4) A week after, however, I was surprised to see Camacho walking along our street.
As I am already presently of legal age, I am personally filing this formal complaint.
(5) The elements of rape are carnal knowledge, force or intimidation, and the
commission of the act without the consent or against the will of the woman, or when the
latter is under twelve (12) years of age or when she is deprived of reason or otherwise
unconscious.
(6) Based on the foregoing, it is beyond cavil that respondent Pedro Camacho
committed the crime of rape punishable under Art. 266 of the RPC. He had sexual
intercourse with me even if I was just five years old. This constitutes statutory rape as
defined in our laws.
(7) Further, whenever the crime of rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of May 2018, in Legazpi
City.

Maria B. Colit
Complainant/Affiant

SUBSCRIBED AND SWORN TO before me, this 2nd day of May 2018 in Legazpi City.

Prosecutor

This is to certify that I have personally examined the herein affiant and that I am satisfied
that she voluntarily executed and understood her statements herein.

Prosecutor
ANNEX “A”
REPUBLIC OF THE PHILIPPINES )
CITY OF LEGAZPI ) S.S.

SINUMPAANG SALAYSAY

I am MARIA BAS COLIT, Filipino, a minor, and with residence at No. 69 Sitio
Capcapan, Magayon St., Brgy. Bagong Tubo, Sto. Domingo, Albay, after having been duly
sworn in accordance with law, hereby depose and state that:

1. On 30 June 2002, at around 8:00 in the morning, I was barely 5 years of age when
Juan Tamang came by and invited me to watch Barney at the house of Camacho.
2. On the way to their house, we passed by a small nipa hut where Camacho
suddenly pushed me and Juan Tamang inside.
3. Camacho then closed the door, with kitchen knife in his hands told us “Walang
magiingay at huwag kayong magsusumbong, kung hindi papatayin ko kayo!”
4. Camacho then forcibly removed my underwear and pinned me on the floor. Out
of fear for my life, I did not resist.
5. Then Camacho drew his short pants down to his knees, and he inserted his penis
into my vagina.
6. After satisfying his carnal desires, Camacho once again told us not to tell anyone
or else he will kill us.
7. Thereafter, he gave me a cloud 9 choco bar. However, I threw it away.
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of September 2002, in
Legazpi City.

MARIA B, COLIT
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of September 2002 at Philippine
National Police Station CPAC 1, Legazpi City. I further certify that I have personally
examined the Affiant and I am satisfied that he/she voluntarily executed and understood
his/her statement.

JUANA CHANGE
Administering Officer
Doc. No. _____;
Page No. ____;
Book No. ____;
Series of 1999.

ANNEX “B”
SACRED HEART HOSPITAL
Medical Record Division
Sampaguita St.,
Fatima, Legazpi City

MEDICO LEGAL CERTIFICATE

September 6, 2002

TO WHOM IT MAY CONCERN:

This is to certify that Ms. Maria B. Colit, 5 years old, with residence at No. 69 Sitio
Capcapan, Magayon St., Brgy. Bagong Tubo, Sto. Domingo, Albay, was examined and
treated in this hospital on September 6, 2002 with the following findings:

- shallow healed lacerations at 3 and 8 o’clock positions

- in a non-virgin state physically

Issued this 6th day of September 2002, for whatever purpose it may serve.

This certificate is issued by authority of the Director:

Dr. Robbie Julianne Villamor, M.D.

5. Lawyering is one of the dignified professions in the world. It is a profession which required
so much investment of time, money, sweat, tears and blood to just be put to nothing. As
a lawyer, the responsibility to uphold justice does not end in the courtroom. It is a
continuing dedication that goes beyond and extends to the family, community and to the
entire country. A lawyer is a model of righteousness; he exudes a very reputable image
that must be maintained. He must be responsible for all his actions that he does not
degrade the legal profession but rather gain the trust of the people. Being a model of
morality and integrity is the best priceless contribution a lawyer could extend to the
community. By being an example to the community, he extends an eternal legacy to the
present and future generations
6. One of the visions of UST-Legazpi is to become a leader in the field of law. This could be
achieved by producing graduates who are potential bar passers and eventually successful
law practitioners. I share with this vision. As a graduate of law from UST-Legazpi, I envision
myself to be a bar passer in the first take and thereafter pursue a career in the
government service, hopefully with the DOLE as a legal officer or labor law consultant,
aiding the protection and interest of the laborers.