2017 DOJ Free Bar Notes in Legal Forms

QUICK REVIEWER ON PRACTICAL EXERCISES By: Atty. Edwin M. Carillo1

Based on the official syllabus, this year’s Bar Examinations shall have a portion on Practical Exercises as part of the exams on LEGAL ETHICS. While this has always been a part of previous Bar Examinations, this portion was removed in the 2012 Bar examinations after it gained prominence in the 2011 Bar Examinations when the Bar Chairman opted to insert a skills examination on a predominantly MCQ-type exam that year, asking the candidates to draft both a legal opinion and a trial memorandum. This year’s Bar Exam syllabus on Legal Ethics lists the following for Practical Exercises: A. B. C. D. E. F.

Quitclaim in Labor Cases; Simple Contracts - - Lease, Sale of Realty or personal property; Promissory Note; Verification and Certificate against Forum Shopping; Notice of Hearing and Explanation (All levels); Affidavits – Loss, Change of Name.

Although admittedly this could determine the success of a candidate, its importance, unfortunately, is often brushed aside mainly because of the examinee’s fatigue or his eagerness perhaps to go home and join the merriment happening outside the exam site. Since about an hour shall be devoted in the preparation of three to four documents listed above, one must be reminded to: a. WATCH THE TIME. Time is of the essence. Consequently, only the minimum requirements of the law must be reflected in drafting the required form; b. AVOID FANCY, LONG, AND NEEDLESS WORDS. Simple, concise and grammatically correct statements are hallmarks of effective legal writing. More importantly, they save you precious time; c. AVOID ERASURES as much as possible because they reduce the impressiveness of your work. To avoid erasures, do your pre-work (answer outline) using the questionnaire you received. Remember that nothing comes between YOU and the EXAMINER other than your written work. Thus, your work should mirror not only legal aptitude but also neatness; and, d. PUT A DATE in all the legal documents that you will draft as required. I. SAMPLE PROBLEMS / ANSWERS A. Quitclaims in Labor Cases The many items listed in the syllabus for Practical Exercises could give rise to various problems. Given the degree of difficulty, the issues about the quitclaim and change of name petitions deserve preferential attention. Consider then the following sample problems:

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Atty. Carillo served as member of the College of Examiners in the 2011 Bar Examinations that handled Legal Ethics and the Skills Examinations for Trial Memorandum. He is a professor of law and bar reviewer teaching courses like, Political and Constitutional Law, Land Registration Law, Administrative Law, Legal and Judicial Ethics, Trial Technique, and Legal Forms and Writing for over two decades now. He currently serves the government as an Assistant Government Corporate Counsel of the Office of the Government Corporate Counsel, an agency attached to the Department of Justice.

-218. Technology manager Bernardo B. Sales filed a complaint against Seize Tomorrow Corporation (STC) and a number of its officers before the arbitration branch of the National Labor Relations Commission, Regional Office IV located in Calamba City, Laguna, docketed as NLRC Case RAIV 82345-07 for a number of issues arising from the last company action against him. During the mandatory conference between the parties, they amicably settled their differences such that Bernardo shall receive PhP500,000.00 by way of financial assistance from STC in exchange for his commitment not to do any act prejudicial to the interest of the company, its branches, or its projects arising from or with respect to his previous employment and his outright execution of a quitclaim against the same company and officers. Draft the needed document.

And the answer to this problem would be - 18. Republic of the Philippines) Calamba City, Laguna) S.S. QUITCLAIM AND RELEASE I, BERNARDO B. SALES, of legal age, married, and residing at 801 Naujan St., Calamba City, Laguna, hereby state under oath: 1. I acknowledge to my full and complete satisfaction that I have received PhP50,000.00, by way of financial assistance from Seize Tomorrow Corporation (STC). 2. I now admit that I have no further claim or cause of action against STC, its officers or employees with respect to any matter incident to or arising out of my previous employment. Consequently, I will institute no action with respect to it even as I now release and forever discharge STC, its officers and employees from any claim, cause of action, or any further obligation in connection with it. I fully acknowledge that the consideration I received is and shall be the full and final settlement of any and all such claims. 3. Finally, I declare that I have read this document and I willingly and voluntarily give this quitclaim fully knowing my rights under the law. SIGNED this 6 June 2017 in Calamba City, Laguna. (SGD.) BERNARDO B. SALES Affiant SIGNED AND SWORN before me this 6 June 2017 by affiant whom I personally know. (SGD) JUAN C. MENDOZA Notary Public for Calamba City, Laguna Suite 212 Burke Building, Calamba City, Laguna Commission Serial 54342 Until Dec. 31, 2018 Roll of Attorney 38718 PTR 56789 1-12-18; Calamba City IBP 24680 1-12-18 Calamba City Doc. 6; Page 4; Book I; Series of 2017.

-3B. Affidavit (Change of Name) While ordinarily Petitions follow the usual Judicial Forms, the syllabus particularly stated a Change of Name Affidavits. In this regard, Republic Act 9048 should be read, as it is relevant. Indeed, Section 5 of the law requires that “the petition shall be in the form of an affidavit.” The law authorizes only a change in the first name on the following grounds: “(1) (t)he petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce; (2) (t)he new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community; or (3) (t)he change will avoid confusion.” Thus, the following problem can possibly be asked. 5. Spouses Benjamin and Leonor Relova approached you seeking help for their son, Batman Bruce. They disclosed that they wanted to have their son’s name changed by dropping the first of his two first names, as this current name has caused him to be the butt of jokes from both friends and relatives. They want that this issue be addressed soonest hopefully before their son finishes law in San Sebastian College. Draft the needed document to carry out what they want without any notarial act.

The Answer: 5. Republic of the Philippines) City of Manila ) S.S. AFFIDAVIT (To Petition a Change of Name) I, BATMAN BRUCE RELOVA y ROSALES, Filipino, single, of legal age and residing at 8 Enders St. Filinvest Homes East, Cainta, Rizal, under oath, declare that: 1. I was born on 13 May 1999 from the union of Benjamin P. Relova and Leonor C. Rosales and was given the first name “BATMAN BRUCE” as shown by my birth certificate, here enclosed, recorded on such date in the Manila Local Civil Registrar’s Office (LCRO) under registry number 1234567. 2. The first name to be changed is from “BATMAN BRUCE” to plain “BRUCE.” 3. I execute this affidavit to support a change of my first name because my given first name is downright ridiculous and has caused me dishonor ever since. 4. To support this, I also enclose here the following documents: a. A certified true copy of the registry book page containing the entry sought to be changed; b. My elementary and high school transcripts of record where the name “BATMAN BRUCE R. RELOVA” appears and upon which the change shall be based; c. The affidavits of Mrs. Maria R. Buenaventura and Mr. Pedro C. Vitug, my elementary school and high school classmates, both stating separately that I have been known in school as “BATMAN BRUCE R. RELOVA, and upon which the change shall be based; d. A certification of posting; e. A certification from Barangay Santo Domingo, Cainta, stating that I am known in the community as BRUCE R. RELOVA; f. Separate certifications from the Philippine National Police and the

-4National Bureau of Investigation that I have no pending administrative, civil or criminal cases, or any criminal record; g. An affidavit of publication from the Manila Bulletin confirming the requisite publication under the law; and, h. A copy of the newspaper clipping from Manila Bulletin. 5. I have not filed any affidavit-petition and that, to the best of my knowledge, no other similar affidavit-petition is pending with any LCRO, court, or Philippine Consulate. 6. I will file my affidavit-petition at the Manila LCRO in accordance with Republic Act 9048 and its implementing rules and regulations. SIGNED this 10 September 2017, in Manila. (SGD.) BATMAN BRUCE R. RELOVA Affiant (Jurat is Omitted)

II. DEED AND CONTRACT FORMS A Deed indicates the unilateral act of a person in disposing his property or right in favor of another after his receipt of a consideration. The transaction is terminated by the conveyance of the thing or right. A typical deed has the following parts: Title, Announcement, First Party, Consideration, Act or Conveyance, Second Party, Signature and Acknowledgment. (Code:TAF-CAS-SA) Observe these parts in the deed below. (T) DEED OF SALE (A) THE PUBLIC IS INFORMED: (F) I, PROCOPIO C. CRUZ, of legal age, married, and residing at 12 Apo St., Quezon City, (C) for and in consideration of the sum of PHP100,000.00, (A) hereby sell on an “as is where is” basis my motor vehicle, more particularly described as follows: Make: Toyota Corolla 1987; Motor: EMC14356C Serial /Chassis: CDC042094, File: 2345567E Reg. Cert.: 4567EC, Plate: PPA 863 (S) to RICARDO LIM, of legal age, married, and residing at 2 Bangkal St., Manila. (S) SIGNED this 8 July 2014 in Quezon City. (SGD.) PROCOPIO C. CRUZ Seller With my consent: (SGD.) Helen Y. Cruz Spouse (A) (ACKNOWLEDGMENT)

If we change the subject matter to a real property, the act or conveyance part above would read like this:

-5“hereby sell a 150 square meter parcel of land located in Tondo, Manila, covered by Transfer Certificate of Title 42349-B, particularly described as follows: (insert technical description)”

In drafting an agreement using a contract form, you must remember that it should contain the essential requirements of object, consideration, and consent. The peculiarities of a specific contract should also be taken into consideration. Using a contract form means that you must show the parties’ respective undertakings. A contract usually has the following parts: Title, Announcement, Actors, Recitals, Agreement, Conditions, Signatories and Acknowledgment. (Code: TAA-RAC-SA) Observe these parts in the contract of lease below, a possible contract that the examiner may ask: (T) LEASE CONTRACT (A) The Public Is Informed: (A) This contract is executed between: FELIPE D. GUZMAN, Filipino, of legal age, single, residing at 28 Aurora Blvd., Quezon City; - and ARTHUR E. MIRANDA, Filipino, of legal age, married to Agnes Torres, residing at 30 Aurora Blvd., Quezon City. (R) Felipe wants to lease the residential apartment he owns located at 30 Aurora Blvd., Quezon City and Arthur expressed his desire to lease it from Felipe. (A) Consequently, the parties agree on the following conditions: (C) 1. Felipe leases to Arthur the apartment unit for one year from the signing date of this agreement. 2. Arthur shall pay Felipe Php5,000.00 monthly rental, payable in advance within the first five days of each month. 3. Arthur warrants that he received the apartment in good and habitable condition. 4. Arthur shall not sublet the apartment to any one without Felipe’s written consent. (S) 10 April 2017, Quezon City (Sgd.) FELIPE D. GUZMAN Witnessed by: (Sgd.) Rene A. Miranda

(Sgd.) ARTHUR E. MIRANDA (Sgd.) Cito C. Jose

(A) (Acknowledgment)

Note well that deeds and contracts forms both speak of agreements and, therefore, covered by the civil law concept of contracts. They vary in templates or forms used as shown above. Deed forms are unilateral and, therefore, a first person’s point of view is utilized. Contract forms demonstrate bilateral or multilateral acts or undertakings. As such, the third person’s viewpoint is recommended to draft this. Notice too that the lease contract your saw above can be drafted using the deed form. Thus, if the examiner does not qualify, I suggest that you use the deed form, as it is simpler and, therefore, quicker to draft, saving you so much precious time. ACKNOWLEDGMENTS (COMMON TO ALL DEEDS & CONTRACTS) Read: Section 1, Rule II of the 2004 RNP

-6The notary public speaks in this part of the deed or contract. Take a look at the sample below. ACKNOWLEDGMENT The following personally appeared before me: Name 1. Tomas S. Balatan 2. Juan N. Buelta

Passport No. CC123330 JJ200345

Date/ Place Issued 1-05-2002/ Baguio City 1-17-2004/ Manila

They are known to me to be the same persons who executed the foregoing contract and they acknowledged that their signatures prove their voluntary acts for the purposes stated in the document. SIGNED AND SEALED in Manila, 15 August 2016. (SGD.) Juan C. Mendoza Notary Public for Manila Suite 212 Burke Building, Escolta, Manila Commission Serial 54342 Until Dec. 31, 2017 Roll of Attorney 38718 PTR 56789; 12 Jan. 16; Manila IBP 24680; 12 Jan. 16; Manila Doc. 12; Page 8; Book II; Series of 2016.

(Special Requirement in Conveyance of Real Property pursuant to Act 496, as amended) This paragraph should be added before the notary public’s signature: This deed/contract relates to the sale of a parcel of land situated in Quezon City consisting of two pages, including this where the acknowledgment is stated and was signed by the parties and their witnesses in the left margin of every page.

*Based on Section 1, Rule II of the 2004 Notarial Rules, only individuals can be parties in the acknowledgment process. Corporations cannot take part in the process even if they are the real party to the contract or deed. If a corporation is a party to the contract, its representative must act for it and must so indicate in the acknowledgment that he acts in such representative capacity. Unless required, It is advisable to simply refer in the drafted deed or contract the specific authority of the corporation’s representative. *The absence of an acknowledgment will not render the contract or deed void except when the law requires that a contract be in some form in order that it may be valid or enforceable like acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest in it which under the law must appear in a public instrument. An acknowledgment, therefore, in these special cases is a must. III. FINAL CONSIDERATIONS Completing a required document for practical exercises will not be enough if your aim is to submit an excellent work. Excellent writing needs editing, just as excellent furniture needs finishing touches. Here are some editing tips that you can apply before turning over your booklets to the proctor:

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1. Aside from avoiding needless words to save on time, use the active voice instead of the passive voice. Passive voice is indirect, limp, and weak. On the other hand, the active voice is direct, vigorous, and strong. Sense the difference. Abel was killed by Cain. (Passive)

Cain killed Abel. (Active)

2. Use the right connectives. You need the help of connectives or transitory devices to link your ideas one after the other and present a unified thought. You cannot assume that your reader can read unspoken tie-ups between ideas. Consider the following useful connectives: Connective And Besides, what is more, furthermore, in addition, and again First, next, then, finally; meanwhile Nearby, above, below But, still, however, on the other hand, nevertheless, rather In fact, as a matter of fact,

Therefore, consequently, accordingly In short, to sum up, in brief

Function Connects two ideas of the same kind Adds another thought to the first Arranges ideas in order Arranges ideas in space Connects two contrasting ideas Connects the first idea with the second one that points it up; the second one affirms of validates the first idea Connects an idea with another that follows from it. Summarize several ideas

3. Avoid legalese and old English. Legal clichés have become hackneyed and weak. To non-lawyers, they may even sound pretentious, unnatural or artificial, if not arrogant. Phrases and words like to wit, instant case, aforesaid complaint, herein method, thereat and theretofore deserve to be abandoned in favor of simpler words. The use of standard English is preferred. 4. Be simple. Some have the mistaken belief that they will sound more dignified and lawyerly if they use polysyllabic words like “accompanied” or “informed” instead of “went with” or “told”, respectively. Your written work will have the same tone of formality and dignity as long as it is serious and thoughtful. As a rule, a simple familiar word that means exactly the same thing is the better choice. Simplicity is power! 5. Check your grammar. In presenting answers, ensure that the subject agrees with the verb. Use proper tenses and punctuations, too.

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Good Luck to all Barristers!