LEGAL WRITING

SECOND/FINAL EXAM
Atty. Raphael Jose N. Lizada

Instructions:

A. You are tasked to produce an informal MEMORANDUM/POSITION PAPER

with the facts below. The MEMORANDUM/POSITION PAPER does not need
to conform with any existing legal forms. This exam is merely concerned on
the examinee’s ability to effectively arrange facts and use it to form a sound
and reasonable argument.

B. You are tasked to do the following –

a. Prefatory Statement (Optional)
b. Brief Factual Narrations
i. NOTE: A creative presentation of narration is permitted, but it
must be in conformity with the facts presented.

c. Issues
i. NOTE: Feel free to provide your own issues. Be careful as to
what issue you are going to present.

d. Arguments/Discussions
i. NOTE: Argue based on the issues you presented. Argue in an
exhaustive and collected manner. TIP: Tackle each and every
issue possible for a more concrete defense.

C. Below are set of facts concerning civil and criminal law. Please do not try to
insert any other issues other than those covered under the respective
subject matters. Only when absolutely necessary, can you insert several
issues (i.e. constitutional, commercial, etc.), but the main thrust of your
argument should be that contained in the sphere of the subject law provided.

D. Please submit your written work on/before June 1, 2019 in my e-mail

address: rjnlizada@gmail.com
 E. In compliance with JMC Rules and Regulations, please also submit your
EXAM PERMIT NO. beside your name. This will be strictly implemented.

F. Indicate your names below the Prayer. Best of luck!

CIVIL CASE: 50%

On January 15, 2017, Jason Alejandro and your Maximus Yuson entered into
a Contract to Sell regarding a parcel of land consisting of 3,000sqm situated in a
prime lot in Lanang, Davao City [Registered under TCT No. 78910]. In the said
Contract to Sell, Jason agreed to sell to Maximus, the aforementioned parcel of
land in the amount of ONE MILLION FIVE HUNDRED THOUSAND PESOS
(P1,500,000.00). It was agreed by both parties that Maximus would furnish Jason
FIVE HUNDRED THOUSAND PESOS (P500,000.00) as down payment, and the rest
would be paid via instalment for ten months after the sale, or ONE HUNDRED
THOUSAND PESOS (P100,000.00)/month. Considering that Jason trusted Maximus,
he allowed the latter to immediately occupy the said parcel of land pending full
payment. Maximus then fenced the said land.

In the interim, Jason met Maria dela Cruz, a resident of Makati City on June
10, 2017. On the said date, Jason offered to Maria the same parcel of land in the
amount of TWO MILLION PESOS (P2,000,000.00). Jason even showed Maria the
title, which was without any encumbrance, and a picture of the land [that does not
yet contain Maximus’ fencing].

Relying on Jason’s documents, Maria was surprised on how cheap and

beautiful the property was so she agreed to buy it off from Jason right away. On
the same date (June 10, 2017), Jason and Maria entered into a Deed of Absolute
Sale. After paying Jason, Maria was given Jason’s owner’s duplicate of title.
Considering that she was leaving for Makati on June 13, 2017, Maria executed a
Special Power of Attorney (SPA) in favor of her cousin, Dexter, empowering him to
process the registration of Maria’s title. Dexter, through the SPA was able to secure
Maria’s registration over the title on August 2017.

Afterwards, when Maximus gave Jason the last payment for the instalment,
he demanded that the latter execute a Deed of Absolute Sale in his favor. Jason
then made another Deed of Absolute Sale dated November 31, 2017. However,
when Maximus required Jason to also provide him the title of the said property for
him to register it under his name, the latter made an excuse that it was lost and
that he would first Petition to courts for the issuance of a new owner’s duplicate
title. Maximus grew very suspicious and inquired before the Registry of Deeds
regarding the status of the title he bought with Jason. It was then that Maximus
found out that the property has already been transferred in Maria’s name.

Maximus then sued Jason and Maria for the cancellation of the latter’s title.
It was alleged by Maximus that Jason, in utter bad faith, knowingly sold the
property to Maria despite their January 15, 2017 Contract to Sell. Maximus also
alleged that Maria should likewise be impleaded considering that she is an
indispensable party in the suit. Moreover, Jason alleged that Maria should have
checked the property before buying it off from Jason.

Prepare your POSITION PAPER/MEMORANDUM based on the above-

mentioned instructions for Maria’s defense.

CRIMINAL CASE: 50%

Jamie was a juggling two jobs as supervisor in a fast food chain and a
freelance writer. For the past three years, he has only been earning to make ends
meet. One day, he was confronted with a business opportunity in the name of PERA
ventures. In the said opportunity, Jamie was enticed to invest with at least ONE
THOUSAND PESOS (P1,000.00) with PERA Ventures. In exchange for the
investment, he would get triple the amount in a week. Jamie saw this as a business
opportunity and made a P1,000-investment with PERA Ventures.

As promised, a week after paying, he received triple the amount from PERA
Ventures. He was surprised that the investment was real so he increased his
investments week after week. In no time, he was already financially well-off. In his
excitement, he advertised this investment scheme to his friends. He then offered
to accommodate his friends’ investments. Considering that his friends were quite
busy with their respective jobs, Jamie offered that their investments would be
placed under his name and the returns would be made after its maturity. After a
week, the investment matured and he was able to pay his friends triple the amount
they entrusted with Jamie.
 The friends of Jamie were quick to endorse him to their other friends. Jamie
as now accommodating fifteen (15) people in his account. Considering that he also
taking the role as a handler, Jamie saw this an opportunity to use his position to
earn even more. He then charged his friends at least 3% of the income earned
under his account as a ‘handler’s fee’.

Unknown to Jamie, PERA Ventures was enjoined by the Securities and

Exchange Commission from performing investment activities. upAs a result, Jamie
was not able to return the amounts invested to him. The 15 people who entrusted
Jamie demanded from him the return of their investment. However, Jamie was not
able to secure its return considering the sheer amount invested. Each of these
fifteen people now sued Jamie for Estafa (unfaithfulness or abuse of confidence).

Prepare your POSITION PAPER/MEMORANDUM based on the above-

mentioned instructions on behalf of Jamie.

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