Sample Legal Opinion

 

John Louie L. Santos 1-R Legal Research Paper Draft Legal Opinion

Lerpido & Santos Law Offices Quezon City I.

Child Custody

 November 12, 2019 Mr. Francis Suemith Valle Verde 5 Pasig City Re: Whether or not you are eligible to be the guardian of your grandchild, C

Dear Mr. Suemith, This Th is is a leg egaal opin pinion ion se seek ekiing to an answ swer er whe hetthe herr or no nott yo you u are are el elig igiibl blee to be  the guardian of your grandchild, since her mother had signed a waiver  that she is renouncing her rights to be her child’s parent. The Facts: Your  son, A, was married to B on 10 January 2000. They have a child, C, 6  years of age. C has been staying with me since he was born, and I have raised him  as my own. A and B separated since C was born. When they se sepa para ratted ed,, B  ex exec ecu uted ted a do doccum umen ent, t, sa sayi ying ng th that at she she wai aive vess all he herr ri rig ght htss to C. B then  left for the United States after she and my son separated. She came  back just recently and wants to get C from me. Legal Basis: Article  213 of the Fa Fami milly Code prov rovides that, “In case of sep separation of  the the par aren entts,  pa pare ren ntal tal auth uthorit ority y sh shal alll be exer exerci cise sed d by the pa pare ren nt desig esigna natted by the Court.  The Court shall take into account all relevant considerations, especially the  choice of the child over seven years of age, unless the parent chosen is  unfit. No child under seven years of age shall be separated from the mother unless the court fin finds ds compelling rea reasons sons to order o otherwise” therwise”1   1

 FAMILY

CODE, art 213

 

It  is express resslly provided in the facts stated that your grandchild is under  seven years  of age, six years old to be exact, and under the said article above, he  shouldn’t be separated from his mother due to the age unless the court finds  comp mpeelling reasons to legally qualify that the mother is unfit to take care of her child. In  Perez vs CA2, one of the grounds that have been considered as an   ampl am plee jus usti tifi fica cattion ion  to dep epri riv ve a mo moth ther er of the paren arenttal au auttho hori rity ty an and d cu cust stod ody y of her child was was neglec neglectt and aban abandonme donment nt3.   B clearly abandoned C when she and A separat rated, left to go to the United States of  America and signed a waiver stating that she's regarding her    parental authority  over C. It is understood that she had the intention to leave her child  when she denounced her rights over your grandchild, which is a clear ground  of abandonment that you could use as your legal argument in court against B. Also Al so,, un unde derr Ar Arti ticl clee 21 214 4 of the the Fa Fami mily ly Co Code de,, th thee su surv rviv ivin ing g gran grandp dpar aren entt of  the child could be a substitute to exercise exercise the parental authority authority of the child.4   Answer: Unde Un derr  thes thesee circ circum umst stan ance cess prov provid ided ed,, as me ment ntio ione ned d in th thee arti articl cles es ab abov ovee and stated  case, there is a poss ssiibility that the court could gran rant you custody of your grandchild.  Nevertheless,  the opinion provided in this legal document was based on the facts  collected from rom you at present and what the current law prov rovides in this this sp spec ecif ific ic ca case se.. Ad Addi diti tion onal al info inform rmat atio ion n wh whet ethe herr co comi ming ng from from th thee side side of B or you  in the future could reshape on how the ruling would be and who the court will grant C’s custody.

Sincerely, John Louie L. Santos

2

 GR

No. 118870, March 29, 1996  Medina vs Makabali, 27 SCRA 502 (1969); cited in Perez vs CA, supra 4  FAMILY CODE, art 214 

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Lerpido & Santos Law Offices Quezon City II.

Notice o off D Diishonor

 November 12, 2019 Mrs. Ilai Estoesta Corinthian Gardens Subdivision Quezon City Re: Whether or not a notice of dishonor sent by registered mail is sufficient Dear Mrs. Estoesta, This  is a legal opinion seeking to answer whether or not a notice of  dishonor sent by registered mail is sufficient. The Facts: You  (Mrs. Estoesta) loaned money to an Estafadora in the amount of  Php Ph p5,000,000.00. Sh Shee  executed a post-dated check as payment, but it was dish dishon onor ored ed for for  be beiing drawn rawn aga gaiins nstt insu insuff ffiici cieent fun funds ds.. You sen sent her a not otic icee of dishonor by registered mail as she refused to acknowledge receipt. Legal Basis: Under  sections 103 and 104, VII. Notice of Dishonor of Negotiable Instruments Law provides: Sec. 103.  Where parties reside in same place. Where the person giving and the person  to receive notice reside in the same place, notice must be given within the following times: (c) If  sent by mail, it must be deposited in the post office in time to reach him in usual course on the day following. 5   Secc. 104.  Where parties res Se reside in differe feren nt places. Where the person son giving and an d the  perso erson n to rece receiv ivee no noti ticce resi resid de in dif iffe fere ren nt pl plaace ces, s, the no noti tice ce mu must st be given within the following times:

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 Act

No. 2031

 

(a) If  sent by mail, it must be deposited in the post office in time to go by mail the  day following the day of dishonor, or if there be no mail at a convenient hour on last day, by the next mail thereafter. (b) (b) If  given otherwise than thro rou ugh the post offi ficce, then within the time that notice would  have been received in due course of mail, if it had been deposited in the post post office within the ti time me specified in the last su subdivision. bdivision.6      Resterio v. People of the Philippines7 ,   th that at th thee However,  it was stated in  Resterio authentication by  affidavit of the mailer or the testimony in court of the mailer or  mailers on the fact of mailing was necessary documents in the giving of the notice of dishonor by registered mail.8   Answer: Unde Un derr  thes thesee circ circum umst stan ance cess prov provid ided ed by th thee Ne Nego goti tiab able le Inst Instru rume ment ntss La Law w and an d a  re reccen entt cas asee ruli rulin ng, se send ndin ing g it via regi regist ster ereed ma maiil alo lon ne wou ould ldn’ n’tt ren rende der  r  the notice  of dishonor sufficient alone, but it should be accompanied with the authentication  by affid fidavit of the ma maiiler or the testimony in court of the mailer or mailers on the fact of mailing. of the said document. The  opinion provided in this legal document was based on the facts collle co lect cted ed from from  you you an and d wha hatt the the cu curr rren entt law prov provid ides es an and d rece recent nt co cou urt rul rulin ing g in this  specific case. Said law could be revised or ruling be reversed in the future and  would possibly lay out new means and ways on how to send a notice of dishonor.

Sincerely, John Louie L. Santos 

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 Act

No. 2031  No. 177438, September 24, 2012 8  Resterio vs People of the Philippines, GR No. 177438, September 24, 2012 7

 GR