Professional Documents
Culture Documents
Destiny
Through
R.E.m.V.S.
(Ritual Enhancement And
Mental Visualization System)
Email : attyremus@gmail.com
Page 4
Writing Your Destiny through R.E.M.V.S.
INTRODUCTION
This book aims to provide for some of the possible solutions to the
daunting task of review and the actual taking of the Bar Examinations. It also
aims to provide a system of developing not only one's attitude towards the
attainment of the goal but also the acquisition of the necessary skills and
preparations for the task at hand.
Page 5
Writing Your Destiny through R.E.M.V.S.
I actually entered the San Beda School of Law during the 1990's but I
was only able to accomplish my First Year and half of my Second Year. I
embarked on my lifelong journey as a Table Supervisor/Card Dealer with the
Philippine Amusement and Gaming Corporation (PAGCOR) in November 1991,
and finished training on February 1992, due to financial reasons, as it would
be difficult for my parents to support law school. I got married in 1993 and
have five daughters.
Page 6
Writing Your Destiny through R.E.M.V.S.
retain its QPI. I let my children see my handwriting and they would often laugh
silently as my daughters have better penmanship. I had to develop my
handwriting skills or else I am doomed to fail, I often told myself. I wrote
whatever I need to learn. If you have more time to study using my system,
think of the possible results you can obtain.
I would not accept to fail simply to throw away my childhood dream and
second opportunity, that I continued to develop my handwriting through the
years and until I reach the Bar Examinations. I finished law school as a regular
student with an average of 88% on March 18, 2008. It may not be as good as
my daughter's handwriting or even some of my present students, but was
legible enough for me to finish law school. In hindsight, perhaps, I could have
made higher grades if I had at least six to eight hours study time.
I was devastated, thinking that if I had gained one more point in any
subject, I would have made it on my first attempt. After a few days, I began to
re-assess what could have gone wrong. I was given a card by my family
consoling me of my failure. It was here when I again saw the handwriting of my
Page 7
Writing Your Destiny through R.E.M.V.S.
children. Admittedly, they were more legible than mine. I prayed to God to give
thanks to his revelation. I then wrote my name in a piece of paper twice using
both black and blue and let my children decide the color which was more
readable to them, and their choice I followed. I practiced using the color and
again enrolled in another review school. This time I had to take a leave without
pay for two months August and September, and work June and July on a
schedule taking all shifts, 10-6am (Sun), 9-5am(Mon), 8-4am (Tue), 2-10pm
(Wed), 12-8pm (Thu), 6-2pm (Fri). After work, me and my study buddy would
go to Manila for review school to attend 5pm-9pm (Fri), 8am-8pm (Sat -
Dayoff), 8am-5pm (Sun), then again go to work in Tagaytay.
September came, and I felt more confident as I have not only grown in
knowledge, but I had at my disposal a much improved handwriting and with
lots of writing "stamina", plus the power of the prayers not only of my family.
The Bar Examinations still packed a lot of surprises and challenges, given the
length of the examinations on all subjects. Despite my improved training in
handwriting, I still felt the pain, the strain, and the drain of my faculties week
after week, but remained steadfast to the very end. On the fourth week of the
examinations, I had to go to the site early, packing my bag as typhoon Ondoy
hit Metro Manila. I walked in the flooded streets of Roxas Boulevard till I
reached Harrison Plaza. I billeted myself in a motel near the site as the road to
Taft was already unpassable. I woke up at 5am and readied myself for the last
two examinations. I reached La Salle Taft by riding the roof of a pedicab. At
around 7am, it was officially anounced that the fourth week examinations
were postponed for the next week. I went home and again arranged my
schedule. I consoled myself thinking, I still had one more week to better
prepare myself.
Page 8
Writing Your Destiny through R.E.M.V.S.
Page 9
Writing
Your
Destiny
through
R.E.M.V.S
(Ritual Enhancement and
Mental Visualization System)
Page 12
Writing Your Destiny through R.E.M.V.S.
Greetings! Before you continue reading on, I want you to examine the
preceding page. What do you see? It is a blank page with lines similar to a
composition notebook used by us students since our primary education. The
page is also similar to that used by the Supreme Court in the conduct of the
Bar Examinations.
I would like you to write on the preceding page as to why you want to
become a lawyer. This question might have been asked by your professor on
your first year. I would like you to write what is in your heart and mind today.
(Note: If you are using the digital version of my book, you could get a
piece of paper or have a notebook ready for the exercises and write your
answer there.)
Now that you have finished writing your piece, read it aloud. Call
someone to read what you have written and make an honest assessment as
to its readability and composition based on the following questions:
Page 13
Writing Your Destiny through R.E.M.V.S.
4. The examiner who will read your answers has the task to check
5,000 ++ more in a short period of time.
It should be made clear to you that the following facts must be put to
heart in order to put yourself in the proper perspective in the exercises that
will soon follow.
1. Pens with permanent ink (blue or black), if possible, use the pen/s
you will actually use for the Bar Examinations (sign pens, or fountain pens are
suggested);
Some of the source materials are added giving the reader a conceptual
base for probable use in the actual Bar Examinations.
It is suggested that the reader use these materials and the exercises
daily until completion of the Bar Examinations.
Page 14
Writing Your Destiny through R.E.M.V.S.
After visiting the website, you may use the presentation repeatedly in
a separate writing or composition notebook. Other sources might give you
other strokes and researching for other types of cursive writing can also be
rewarding as your writing style may be different from what is presented.
1. Phonemic awareness
2. Phonics
3. Fluency
4. Vocabulary
5. Comprehension.
Phonemic awareness is the ability to notice, think about, and work with
the discrete sounds in spoken words. Reading research has consistently found
Page 15
Writing Your Destiny through R.E.M.V.S.
that the ability to hear discrete sounds is important for reading. The ability to
hear sounds in language is referred to as phonological awareness (Combs,
2002). Strengthening phonemic and phonological awareness involves helping
to recognize, single out, and manipulate letters. You can participate in
activities and play games that involve connecting, sorting, and manipulating
sounds and rhymes. Students practice listening to poems, rhymes, and stories
with repetitive refrains, rhymes, and language patterns. When writing, learn to
say words slowly to hear discrete sounds at the beginning, middle, and end of
words. Reading aloud to and engaging in word-play activities help to build
phonemic awareness.
Strong phonics skills are needed to decode new words and strengthen
fluency. Read daily!
Page 16
Writing Your Destiny through R.E.M.V.S.
1) Literal Comprehension
2) Inferential Comprehension
Literal comprehension refers to understanding the factual information within
the text, while Inferential comprehension refers to the understanding one has
of the relationship between text and personal experiences.
It is important to read wide variety of books and genres like fiction, non-
fiction and informational books like autobiographies and poems, aside from
regular law books creating a strong foundation for future academic success!
Page 17
Writing Your Destiny through R.E.M.V.S.
Why Write?
"We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society and establish a Government that
shall embody our ideals and aspirations, promote the common good, conserve
and develop our patrimony, and secure to ourselves and our posterity the
blessings of independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace, do ordain and promulgate
this Constitution." (Preamble, 1987 Constitution)
After writing down the Preamble, let me tell you what have you done so
far. While reading the text, you were writing it down and as you write, you were
comparing the text and your piece. In all of these and in one stroke, you have
actually read the text three times (read, write, compare).
Doing the same exercise a few times over in a separate sheet of paper,
you now close your eyes and try to visualize what you have been writing. Could
you see yourself and your strokes and the text you have written. Good, the text
is now embedded in your memory. Try to write the Preamble without looking at
Page 18
Writing Your Destiny through R.E.M.V.S.
the text, have you done it? Well done, you have memorized it in a short span of
time. Try saying it without looking at what you have written. Have you done it?
Great. If not, repeat the steps again until you "master" the Preamble.
This is the "power" of R.E.M.V.S. By using all your faculties, you are able
to read (and re-read) your notes and books in a shorter period of time, but
with greater depth and comprehension, not to mention improvement of
storage and recall on both short-term and long-term memory. Improvement of
memory and recall is one of the most important factors that needs to be
trained. There has been studies that stress can reduce recall as much as
30%, and no barrister can say that the Bar Examinations is a relaxing activity.
You are now eager to test your new found knowledge. The continued
practice of these exercises would enhance your "rituals" of study and soon
enough be able to visualize in your mind the words you have written.
The next step is how and what to write in the composition notebooks or
writing notebooks as part of the required paraphernalia.
Open a book of your choice, for our purpose the Revised Penal Code. It
is stated in Article 3 that "Acts and omissions punishable by law are felonies".
Write down in your notes something like this - Definition of felony - acts and
omissions punishable by law (Art. 3, Revised Penal Code).
Page 19
Writing Your Destiny through R.E.M.V.S.
You can now add the second and third paragraphs as follows:
Reading from the given provisions we are able to express in written form
the gist of the meaning of the provision by breaking it down in parts and
thereby aiding us with an easier grasp of the subject matter.
The next step is to add a few cases or jurisprudence (if there are any)
relevant to the topic. Given the Ah Chong v. US Case, where Ah Chong thinking
that the person knocking at his door were robbers and thereby killed the
person who turned out to be his roommate was acquitted due to a mistake of
fact. This would give a better understanding of the topic at hand.
If you are now in the First Year and continue this ritual until you finish
your studies, you would have compiled your own library or reviewer for the
preparation of the Bar Examinations.
1. Start writing on the third line starting from the uppermost line and put the
topic on the center, in our case, Felony;
2. Leave one line free, and start writing the definition and the source of the
definition as stated in the preceding page;
3. There should be an inch margin on both sides (or 1 1/2 left, 1 in. right) to
make your notes look neat;
Page 20
Writing Your Destiny through R.E.M.V.S.
4. Leave two lines on the bottom of the page free and continue on the next
page, starting on the third line, and so forth.
Looking at what you have written, you would see that the general form of
your notes would be forming a square. This appearance including the "beauty"
of your handwriting would make it easier for you to review them at a later time
(midterms, finals, and yes, the Bar Examinations).
For our purpose, it is suggested to write down cases in your notes in the
following manner:
1. Title 2. Facts
3. Issue/s 4. Decision
5. Concept or Rule
This 5-content style or its derivatives is used by most, if not all, law
schools in the Philippines. Some even require that these cases be submitted
as part of the requirements per subject.
Page 21
Writing Your Destiny through R.E.M.V.S.
Get the Ah Chong vs. US (G.R. L-5272, March 19, 1910) and make a digest
using the next following pages in accordance with the suggested form
abovestated.
whether my answer was correct or not. Using the R.E.M.V.S. method, I soon
developed a way to answer more concisely and consistently during recitations
and written examinations to which which I used to ultimately pass the Bar
Examinations.
Second, formulate your answer starting with the source, either in law, or
jurisprudence, sometimes even logic, as part of your answer.
Page 22
Writing Your Destiny through R.E.M.V.S.
For example, you are asked, What is a felony?, you answer, The Revised
Penal Code (RPC) defines that "acts or omissions punishable by law are
felonies." The follow-up question might be "what law are we talking about
here?" You can respond, that "as the definition came from the RPC, the law
which applies are the felonies as defined by the RPC." (logic)
The answers as given here are brief and concise. You could find your
own style, but this style is suggested for you to follow and practice.
3. Define Jurisdiction?
Page 23
Writing Your Destiny through R.E.M.V.S.
EXAMINE the questions and you would readily feel that answering these
questions are easier said than done. Understanding the questions might
really mean, what does the examiner want to read or impart in making those
questions. How can you answer these questions applying what we have
learned so far.
Page 24
Writing Your Destiny through R.E.M.V.S.
answerable by a yes or a no, or, may come in the form of advice seeking
questions.
SAMPLE QUESTIONS
OBJECTIVE QUESTION
SITUATIONAL QUESTION
Page 25
Writing Your Destiny through R.E.M.V.S.
4. Mr. Pedro Aguirre, a resident citizen, is working for a large real estate
development company in the country and in 2010, he was promoted to Vice-
President of the company. With more responsibilities comes higher pay. In
2011, he decided to buy a new car worth P2 Million and he traded in his old
car with a market value of P800,000.00, and paid the difference of P1.2
Million to the car company. The old car, which was bought three (3) years ago
by the father of Mr. Pedro Aguirre at a price of P700,000.00, was donated by
him and registered in the name of his son. The corresponding donor's tax
thereon was duly paid by the father. Is Mr. Aguirre liable to pay income tax on
the gain from the sale of his old car? Explain your answer. (5%) [2012,
Taxation Law]
5. Juicy Bar and Night Club allowed by tolerance fifty (50) Guest
Relations Officers (GROs) to work without compensation in its establishment
under the direct supervision of its Manager from 8:00 P.M. To 4:00 A.M.
everyday, including Sundays and holidays. The GROs, however, were free to ply
their trade elsewhere at anytime, but once they enter the premises of the
night club, they Were required to stay up to closing time. The GROs earned
their keep exclusively from commissions for food and drinks, and tips from
generous customers. In time, the GROs formed the Solar Ugnayan ng mga
Kababaihang lnaapi (SUKI), a labor union duly registered with DOLE
Subsequently, SUKI filed a petition for Certification Election in order to be
recognized as the exclusive bargaining agent of its members. Juicy Bar and
Night Club opposed the petition for Certification Election on the singular
ground of absence of employer-employee relationship between the GROs on
one hand and the night club on the other hand. May the GROs form SUKI as a
labor organization for purposes of collective bargaining? Explain briefly. (5%)
[2012, Labor Law]
Page 26
Writing Your Destiny through R.E.M.V.S.
A. People are quite dependent on lawyers for their skills in getting them
out of trouble with the law.
B. Its members strive to maintain honesty even in their private dealings.
C. Its members earn by charging specified emoluments or fees.
D. The profession is anchored on a fiduciary relation with the client.
Given the sample questions, one would immediately notice that the type
of question does not reflect as to how it is asked. The 2012 Bar Examinations
are filled with multiple choice questions which are actually objective or
situational questions. It is imperative for our purpose to recognize what is
really being asked in questions whatever form it might be, and how to answer
them properly by reading the directions in every problem as presented.
Examiners are good in creating questions which may seem to be simply a
situational question answerable by a yes or a no but requires a discussion of
basic tenets in law or repetition of similar types of questions in different
subjects but with different instructions.
Page 27
Writing Your Destiny through R.E.M.V.S.
The Form
Given these, instructions, the examinee can now make a general form of
answering. For purposes of aesthetics, this author suggests that:
Page 28
Writing Your Destiny through R.E.M.V.S.
1. The first two lines starting from the top and the last three lines
starting from the bottom be left blank, and the margin on the left be
approximately 1.5 inches and on the right 1 inch.
4. Do not write on the backpages for ease of reading and the avoidance
of ink-blotting. Backpages can only be written upon reaching the last page and
there are still answers to be written. A word of extreme caution though, the
scenario of writing on backspaces could mean that there is verbosity in the
answers.
5. Indent all paragraphs to separate your ideas and leave one space in-
between for a soothing reading experience of the examiner.
Page 29
Writing Your Destiny through R.E.M.V.S.
enough that the points laid down are direct to the point and the discussion is
lengthy enough to provide for a completely logical and legal answer.
There are certain keywords that the barrister should understand in order
to arrive at the proper way of answering. These keywords are the guides as to
how the answer the question as laid down by the examiner. Examples are "Is
___ correct", "If you were___", "Discuss", "Explain", or "What is ____". These
are but some of the types of questions that the barrister will encounter that it
is suggested to have copies of previous examinations.
Page 30
Writing Your Destiny through R.E.M.V.S.
These are but some of the types of questions that may be asked. It is
important that the barrister understands what is being asked and answer
responsibly. Remember, WHAT is being asked. Questions such as "what",
"when", "where", "how" and "why", the barrister should answer the question
directly. For example, if the question is "Where should the action be filed?
Explain." The answer should start with stating the proper court or tribunal and
give the source of its jurisdiction, and then expound by applying the facts of
the case and the jurisdiction of the court and tribunal defined.
If the basis to the answer is a matter of law, principle or rule, state the
law, principle or rule including its source whether it be a statute, or the Rules
of Court, etc., like, "The Civil Code of the Philippines defines an obligation as a
juridical necessity to give, to do, or not to do." The example shows the source,
Page 31
Writing Your Destiny through R.E.M.V.S.
but it can be seen that the exact article is not included. The numbers are not
necessary to the answer as it is not required nor expected to memorize all the
numbers. It is sufficient that the source is included.
After writing down the foundation of your answer, the legal basis should
include a body of fact applications to connect and communicate as to how
and why such principle or jurisprudence applies and resolves the question
propounded. The application may be made by giving a step by step guide as to
how the principle is used or fits to the given problem. One good example is the
enumeration of the elements of a crime (in Criminal Law), and fit the facts to
the elements.
Page 32
Writing Your Destiny through R.E.M.V.S.
Page 33
TRIAL
MEMORANDUM
Writing Your Destiny through R.E.M.V.S.
Trial Memorandum
After four weeks, the last examination would be that of Legal Ethics, coupled
by the making of legal and judicial forms along with the creation of trial
memorandum and/or legal opinion. The 2011 Bar Examinations for Trial
Memorandum and Legal Opinion are included here for practice purposes.
As Counsel for the Defense, the Judge requires you to submit your
Memorandum for adjudication of the merits of your petition for bail in a rape case
involving your clients Atty. R. Apsa and Atty. B. Nuro as against the Private
Complainant F. Atungan.
F. Atungan (Complainant) works as a G.R.O. at the Katty KTV where both the
accused were regular customers. On or about 11:00pm, both the accused arrived at
the same time and looked to be entertained by the complainant. Surprised, the
complainant accommodated both customers in the VIP room. After two hours, the
complainant suddenly felt dizzy and when she awoke at around 4:00am she was
alone at the VIP room naked and her whole body aching and filled with abrasions
and contusions. The CCTV of the KTV let her see what happened and she saw that
both men had carnal knowledge of her at the same time. She immediately called
her boyfriend Atty. T. Orotot who helped her get medical attention and the filing of
the case.
Both Accused admit being regular customers of the complainant. Atty. Apsa
Page 35
Writing Your Destiny through R.E.M.V.S.
(AA) usually goes on Mondays, Wednesdays, Fridays, while Atty. Nuro (AB) on
Tuesdays, Thursdays, and Saturdays.
On that particular Friday, both arrived at the same time as they had clients
and the same court and had conversed on their favorite stress alleviation activities
and came to the conclusion to go at the same time not knowing that their favorite
de-stressing attendant was the same. As new acquaintances, they decided to go
together and the complainant agreed as both of them were good tippers.
The complainant after two hours of drinking brought out a sachet from her
purse and told both the accused that for P10,000.00 each, she would take the
substance that would "make her hot and would allow them to have sex with her at
the same time." Stressed as they were after a long day in court and it was not the
first time to have such activities with the complainant, they agreed. The complainant
started the de-stressing activity with vigor and lasted until 3:30am. Both of them left
after paying the bill and put the money they agreed upon inside her bag, leaving the
complainant sleeping on the sofa after a good routine. They did not know that there
was CCTV coverage of the incident.
The coverage shows three people drinking together starting at 11:17 pm and
at around 1:05am the three started caressing each others private parts while one
was putting something in the drink of the woman. The thing came from a small
container taken out from the bag of the woman. After a while the woman seemingly
trying to run away but both men pursued her and started having sexual intercourse
in all conceivable angles. The woman looked like struggling but both men were
holding her tightly. At 3:33am, the customers called the waiter and paid the bill and
some pieces were put inside the bag of the woman who was sleeping on the couch.
The coverage was only shown upon request as the operator was inspecting the CCTV
equipment on another VIP room and was only on record mode.
Other Evidences
Medical Report showing multiple contusions and abrasions in the eye, hips
and both hands and feet, and laceration of the vaginal and anal walls;
Positive result for ampethamines and alcohol in the bloodstream;
Receipt of the bar amounting to P69,000 and two envelopes of money with
the amount of P10,000 each.
Page 36
Writing Your Destiny through R.E.M.V.S.
R.A. 8353
Rape
1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall
be punished by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall become reclusion perpetua to death.
Page 37
Writing Your Destiny through R.E.M.V.S.
The death penalty shall also be imposed if the crime of rape is committed
with any of the following aggravating/qualifying circumstances:
l) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the parent of the victim;
2) When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution;
3) When the rape is committed in full view of the spouse, parent, any of the children
or other relatives within the third civil degree of consanguinity;
6) When the offender knows that he is afflicted with the Human Immuno-Deficiency
Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;
7) When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement
agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime;
8) When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability;
9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
10) When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the crime.
Page 38
Writing Your Destiny through R.E.M.V.S.
Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be reclusion temporal.
Reclusion temporal shall be imposed if the rape is committed with any of the
ten aggravating/ qualifying circumstances mentioned in this article.
Article 266-C. Effect of Pardon. - The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.
Article 266-D. Presumptions. - Any physical overt act manifesting resistance against
the act of rape in any degree from the offended party, or where the offended party is
so situated as to render her/him incapable of giving valid consent, may be accepted
as evidence in the prosecution of the acts punished under Article 266-A."
Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas
Page 39
Writing Your Destiny through R.E.M.V.S.
Section 3. - (d) "Photo or video voyeurism" means the act of taking photo or video
coverage of a person or group of persons performing sexual act or any similar
activity or of capturing an image of the private area of a person or persons without
Associate Justice Roberto Abad is the Chairperson who, together with the
Philippine Association of Law Schools, recommend the revisions in the Bar
Examinations (B.M. No. 2265) which include the writing of Trial Memorandum and
Legal Opinion. He has written a book to which we give preference in the manner of
answering. He states that pre-work is indispensable to a substantial and convincing
trial memorandum. It will do well for you, therefore, to go over the pleadings, the
transcript of testimonies of the witnesses, and the documentary exhibits. Working
on these materials, identify the legal dispute involved and based on it, draw up the
principal issue in the case. From there, proceed to make an outline of the relevant
facts that the opposing parties claim and pin point the issues that you need to
address.
RECOMMENDED FORM
1. HEADING
2. SUMMARY OF THE NATURE OF THE ACTION - Determine what actions were filed
Page 40
Writing Your Destiny through R.E.M.V.S.
by the plaintiff against the defendant and other proceedings which the parties have
undergone prior to the filing of the present action.
3. A SUMMARY OF THE FACTS OF THE CASE - This refers to the transaction or event
that brought about the legal dispute and the lawsuit as seen from the opposing
points of view of the parties.
It is advised to (1) carefully read the given and make an outline of the
relevant facts of the case, arranging them the order of time and carefully narrating
each if the parties version without veering towards any of the parties side; (2)
determine the legal disputeby ascertaining what right of a party the other has
violated; and (3) study the laws and rules involved in such dispute.
Page 41
Writing Your Destiny through R.E.M.V.S.
It can be ascertained in the problem that the student would take the side of
the defendant to account for a petition for bail hearing.
To make the outline, first gather the essence of the case. The essence of the
case is the center or focal point of the issues to be resolved based on the facts and
point of laws as presented. Undoubtedly, many readers would protest as to the
meagerness of the laws given to be used as basis for the answer, as a plethora of
views would elicit from the mere reading of the facts. Given the scenario, the
student can adduce as to what elements can be used among other "hidden"
resources to which he might have learned in his study. During the conduct of the
actual examinations, the author has allowed the usage of laws or jurisprudence they
could recall. An invitation to the use of their critical thinking, some of these have
been incorporated in the suggested answer given in this book.
It can be deduced from the facts that the parties have common facts, that is
both agree on the regularity of the visits of both defendants as regular customers,
as well as on the date of the incident, it is established that both defendants had
sexual intercourse with the private complainant. The difference lies on the facts as
to whether the evidences could prove the elements of rape as prescribed by law.
The main issue to be resolved is that the defendants must show the weight of
the evidences is weak as to allow the defendants the right to post bail or as one of
my enterprising students answered that one of the reliefs should be that of
dismissal due to the exclusion of the primary evidence.
Page 42
Writing Your Destiny through R.E.M.V.S.
DEFENDANTS MEMORANDUM
The Case
The Facts
The Complainant alleges that she was drugged by the two defendants and
was subsequently raped as evidenced by the CCTV Coverage and the Medico Legal
Certificate issued. She admits in her complaint that she is a sex worker with the
Katty KTV Bar where the defendants are regular customers of hers. She also admits
that she had rendered sexual intercourse for pay with the defendant on separate
occasions, but it was the first time that both abused her by the use of drugs.
The defendants accepts part of her admissions but denies the abuse wrongly
purported. The complainant induced the defendants by the offer of extra-services in
Page 43
Writing Your Destiny through R.E.M.V.S.
exchange for money as evidenced by the money found in her bag amounting to
P20,000.
The Issue
1.Whether or not the evidence are strong enough to deny the defendants
their right to bail.
The Arguments
The Complainant's allegation that there was rape does not hold water. It can
be seen by the attendant evidences to wit: (1) the introduction of the spurious
substance was offered by the Complainant herself as viewed in the CCTV Coverage,
part of the evidence of the Complainant; (2) it is admitted by the parties of the
regularity of the intercourse, both social and sexual, as the defendants were regular
customers of the complainant; (3) the evidence of the money in the bag of the
complainant, proof of the illicit offer and trade of the complainant to which the
defendants erroneously accepted under the influence of alcohol which has
dampened their sense of prudence.
Page 44
Writing Your Destiny through R.E.M.V.S.
II
The Incomplete Grounds of Rape Merit Dismissal
All the facts point to the complainant as the cause of the complaint. It was
her offer that she be subjected to the spurious substance in exchange for money.
Thereby, the act was done willfully and deliberately by the complainant and paid for
by the defendants. To state that the act was done as against the will of the
complainant is illusory and devoid of truth.
Page 45
Writing Your Destiny through R.E.M.V.S.
Page 46
Writing Your Destiny through R.E.M.V.S.
Kindly Answer
the 2011 Bar Examinations
as part of your practice.
Page 47
Writing Your Destiny through R.E.M.V.S.
Consider the following testimonies that the witnesses from either side presented
at the trial of the case. Assume that you are the lawyer either for Bueno or for
Gloria Supermart and write a trial memorandum for the side you have chosen to
represent. You would want to convince the trial court to decide the case in your
clients favor.
-----------------------------------------------------------------------------------------------
--------------------------------
Excerpts from Transcript of Stenographic Notes
Bueno vs. Gloria Supermart, Inc., Civil Case No. 27-112011, Hearing of June 7,
2011.
COURT STAFF: (After swearing in the witness) State your name and personal
circumstances.
ATTY. REX BELTRAN: Your Honor, we are offering the testimony of Ms. Bueno
to prove that her son, Ricky, slipped on the wet floor of Gloria Supermart by
reason of the gross negligence of its management and employees, causing him to
suffer excruciating pain from a fractured arm and undergo great discomfort and
depression. Ms. Bueno herself incurred an enormous medical expense and
suffered from mental stress.
Page 48
Writing Your Destiny through R.E.M.V.S.
ATTY. BELTRAN:
Q. Ms. Bueno, do you know the defendant Gloria Supermart
A. Yes, sir.
Page 49
Document Title
A. Yes, a small ball rolled along the aisle and Ricky ran after it.
A. No. Although Ricky had gone some distance down the aisle from where I
stood, I saw him slip with a heavy bang on a wet section of the aisle.
Q. What happened to him after he slipped?
A. He shrieked from pain in his right wrist which he used to stop his fall.
Q. What did you do after you saw Ricky fall down the floor, looking hurt?
A. I immediately came to his side to help him. I also asked a store clerk who
came around to help me carry Ricky to my car so I could bring him to the
hospital. I did not get to finish my shopping.
Q. Did the store clerk help you?
A. Yes, Sir. But he was not very friendly. Afterwards, I brought Ricky to the
Philippine Orthopedic Hospital.
Q. You said that Ricky slipped on a wet floor section of the aisle. How did you
know that the section you referred to was wet?
A. I saw the puddle of liquid on the floor.
Q. Did you get to know what kind of liquid it was?
A. It was syrup that seeped out from a leaking bottle in a nearby shelf.
Q. Was there any supermarket cleaner nearby when you came near that puddle
of syrup?
A. None sir.
Q. Did you see any supermarket grocery clerk around?
A. None, Sir. There should have been someone to warn people of that puddle of
syrup on the floor.
Q. Did you see any sign near that puddle or around it, warning customers of the
danger it presents?
A. None, Sir, although I heard someone shout, Hoy, bata, ingat! May basa
diyan!
ATTY. SUNGA: I move to strike out that testimony. It is hearsay.
ATTY. BELTRAN: It is admissible as a res gestae statement, Your Honor.
COURT: Strike out the answer.
Q. You said that you brought your son, Ricky, to the Philippine Orthopedic
Hospital, who attended to your son at the hospital?
A. Dr. John D. Lim, an orthopedic surgeon. He was the physician at the
emergency room. I think he is in his mid-forties.
Page 50
Writing Your Destiny through R.E.M.V.S.
Q. You said it was his right wrist that Ricky complained of. How did you know
that?
A. He pointed to it while crying from pain. After we brought him to the
Philippine Orthopedic Hospital, I saw the doctor operate on his right wrist to
restore the position of a fractured bone. Later, the doctor showed me an x-ray
picture of the wrist bone before and after the operation.
Q. How long did Ricky stay in the hospital?
A. The doctor required Ricky to stay overnight at the hospital for pain
management and care. He ordered his release on the following day.
Q. Based on your observation, how long did it take for Ricky to recover the use of
his right wrist?
A. About six weeks.
Q. How did your son take these things that happened to him?
A. He complained of great pain at the beginning. Later, he moved with
discomfort and difficulty, unable to use both hands.
Q. How about you, Ms. Bueno? How did you take these events?
A. He is my son. I mentally suffered more pain than he did. He is my only son. I
dont know what I would do if I lose him. My husband and I waited for years
before we had Ricky. And then this happens.
Q. How much expense, if any, did you incur for the hospitalization and medical
treatment of Ricky?
A. I spent P22,840.00 for doctors fee, hospitalization, and medicine. We also
bought toys for Ricky to distract him from the pain that he suffered. We spent
approximately P5,000.00.
Q. Do you have evidence of these expenses?
A. Yes, Sir, here are my receipts
[Note: Assume that the marking and presentation of the receipts for the
expenses mentioned above, although omitted here, were done right.]
ATTY. BELTRAN: That is all for the witness.
COURT: Cross.
CROSS-EXAMINATION
BY ATTY. SUNGA
ATTY.SUNGA:
Q. Ms. Bueno, you said that you brought your son Ricky to Gloria Supermart on
May 11, 2010. Did you need him to be there whenever you buy your groceries?
A. No, Sir, but I did not have anyone to leave him home with.
Page 51
Writing Your Destiny through R.E.M.V.S.
Q. But when you took him there, you of course are aware that the supermarket
did not have a leave-your-child service?
A. Yes, Sir.
Q. Consequently, you were aware that the responsibility for looking after Rickys
needs and safety while in the supermarket is primarily in your hands as his
mother?
A. Yes, Sir, but supermarkets always expect children to come with their parents
and so it has to make sure that the place is safe for children.
Q. But do you agree that, as his mother, he is safer when he stays by your side in
a public place like a supermarket?
A. Yes, Sir.
Q. Still, you let him slip away from your control, when he ran after that ball?
A. Yes, Sir, but the supermarket should keep their eyes open for things like loose
balls running down their aisles, drawing children away from their parents, and
letting them slip on carelessly spilled liquids.
Q. But did you not notice that the aisles of Gloria Supermart have sales clerks
that attend to inquiries and needs of its customers?
A. Not all the time. When my son had his accident, no one was around to
prevent it from happening.
COURT STAFF: (After swearing in the witness) State your name and personal
circumstances.
WITNESS; I am Rene Castro, 55 years old, married, and a resident of 12 V.G.
Cruz, Sampaloc, Manila. I am a supermarket supervisor.
ATTY. EMIL SUNGA: Your Honor, we are offering the testimony of Mr. Castro
to prove that Gloria Supermart exercised proper diligence in making its
premises safe for its customers;
that the accident involving Ricky was something it could not reasonably
anticipate and so beyond its control; that, in any event, Ricky and her mother
Page 52
Writing Your Destiny through R.E.M.V.S.
contributed to Ricky slipping on the floor and suffering physical injury and pain;
and that Gloria Supermart provided immediate help and assistance to Ricky and
her mother.
COURT: What do you say counsel?
ATTY. BELTRAN: Subject to cross, Your Honor.
ATTY. SUNGA:
Q. Mr. Castro, you said that you are a supermarket supervisor. For whom do you
work as supermarket supervisor?
A. I have been with Gloria Supermart for 5 years already, Sir.
Q. Do you know the plaintiff Jonna Bueno?
A. Yes, Sir, she has been a customer at our supermarket.
Q. Do you recall seeing her at your supermarket about 10 a.m. on May 11, 2010?
A. Yes, Sir.
Q. Why do you recall seeing her there at that time and on that date?
A. Because her son Ricky had an accident and I was around.
Q. Did you see how the accident happened?
A. No, Sir, but I was just at the next aisle fixing the new stocks of instant
noodles. When I heard the commotion, I quickly walked down there and saw
Ricky lying on the floor, crying with pain. Her mother, Ms. Bueno, was trying to
minister to him.
Q. What else did you see?
A. Some items from a nearby shelf had fallen down the floor.
Q. What were these items?
A. There were a couple of bottles of syrup, mostly in plastic bottles, except one
glass bottle that had broken and spilled part of its contents on the floor.
Q. To what do you account this?
A. I could infer from the position of Ricky that he bumped into the shelf
containing syrup bottles and knocked off some of them.
Q. Did you speak to Ms. Bueno about it?
A. I talked to her at the hospital while we were waiting for Rickys treatment to
be finished and I asked her what happened.
Q. What did she say?
A. She said that Ricky saw a ball rolling down the aisle and he ran after it.
Somehow, he slipped on the floor and hurt his arm. She was so flustered.
Q. Are children allowed in your supermarket?
Page 53
Writing Your Destiny through R.E.M.V.S.
A. All supermarkets allow customers to bring their children into the store. It is
often a necessity for them. It is understood of course that their parents would
look after them, preventing them from misbehaving, causing damage to the
merchandise, or getting injured.
Q. Ms. Bueno said that Ricky slid on the floor because some syrup seeped out of
a leaking bottle in one of the shelves. Do you know anything about it?
A. Yes, sir. What she said is not true. The syrup must have come from one of the
bottles that Ricky knocked off from the shelf when he ran wild down the aisle,
supposedly running after a loose ball. There can be no other explanation.
Q. What did you do then?
A. I helped Ms. Bueno pick up Ricky, intending to bring him to a hospital but his
mom insisted that we take him to her car so she can drive him quickly to the
hospital. I carried Ricky to her car and accompanied them to the hospital.
Q. Did Ms. Bueno tell you anything while you were in the car?
A. She was blaming the supermarket for the accident.
Q. Did you reply to her?
A. No, Sir, I said nothing to upset her because she was driving and was worried
about her child.
Page 54
Writing Your Destiny through R.E.M.V.S.
FAMILY CODE
PARENTAL AUTHORITY
ART. 209. Pursuant to the natural right and duty of parents over the person and
property of their unemancipated children, parental authority and responsibility
shall include the caring for and rearing of such children for civic consciousness
and efficiency and the development of their moral, mental and physical
character and well-being.
Art. 220. The parents and those exercising parental authority shall have with
respect to their unemancipated children or wards the following rights and
duties:
(1) To keep them in their company, to support, educate and instruct them by
Page 55
Writing Your Destiny through R.E.M.V.S.
right precept and good example, and to provide for their upbringing in keeping
with their means;
xxx xxx xxx
(8) To impose discipline on them as may be required under the circumstances;
and
(9) To perform such other duties as are imposed by law upon parents and
guardians.
Art. 221. Parents and other persons exercising parental authority shall be civilly
liable for the injuries and damages caused by the acts or omissions of their
unemancipated children living in their company and under their parental
authority subject to the appropriate defenses provided by law.
CIVIL CODE
PERSONAL LIABILITY
Art. 20. Every person who, contrary to law, willfully or negligently causes
damage to another, shall indemnify the latter for the same.
NUISANCE
Attractive Nuisance
Page 56
Writing Your Destiny through R.E.M.V.S.
QUASI-DELICTS
Art. 2176. Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault or
negligence, if there is no pre existing contractual relation between the parties, is
called a quasi-delict and is governed by the provisions of this Chapter.
An accident pertains to an unforeseen event in which no fault or negligence
attaches to the defendant. xxx
On the other hand, negligence is the omission to do something which a
reasonable man, guided by those considerations which ordinarily regulate the
conduct of human affairs, would do, or the doing of something which a prudent
and reasonable man would not do. xxx
Accident and negligence are intrinsically contradictory; one cannot exist with
the other. Accident occurs when the person concerned is exercising ordinary
care, which is not caused by fault of any person and which could not have been
prevented by any means suggested by common prudence. (Jarco Marketing
Corporation v. Court of Appeals, G.R. No. 129792, December 21, 1999, 321 SCRA
375)
The doctrine of res ipsa loquitor applies where (1) the accident was of such
character as to warrant an inference that it would not have happened except for
the defendant's negligence; (2) the accident must have been caused by an agency
or instrumentality within the exclusive management or control of the person
charged with the negligence complained of; and (3) the accident must not have
been due to any voluntary action or contribution on the part of the person
injured. (Child Learning Center, Inc. v. Tagorio, G.R. No. 150920, November 25,
2005, 476 SCRA 236)
The test for determining whether a person is negligent in doing an act
whereby injury or damage results to the person or property of another is this:
could a prudent man, in the position of the person to whom negligence is
attributed, foresee harm to the person injured as a reasonable consequence of
the course actually pursued? (Philippine National Construction Corporation v.
Court of Appeals, G.R. No. 159270, August 22, 2005, 467 SCRA 569)
Art. 2179. When the plaintiff's own negligence was the immediate and proximate
cause of his injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the
defendant's lack of due care, the plaintiff may recover damages, but the courts
shall mitigate the damages to be awarded.
Page 57
Writing Your Destiny through R.E.M.V.S.
Art. 2180. The obligation imposed by Article 2176 is demandable not only for
one's own acts or omissions, but also for those of persons for whom one is
responsible.
xxx xxx xxx
The owners and managers of an establishment or enterprise are likewise
responsible for damages caused by their employees in the service of the
branches in which the latter are employed or on the occasion of their functions.
xxx xxx xxx
The responsibility treated of in this article shall cease when the persons herein
mentioned prove that they observed all the diligence of a good father of a family
to prevent damage.
DAMAGES
Page 58
Writing Your Destiny through R.E.M.V.S.
Art. 2203. The party suffering loss or injury must exercise the diligence of a good
father of a family to minimize the damages resulting from the act or omission in
question.
Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff shall
reduce the damages that he may recover.
The underlying precept on contributory negligence is that a plaintiff who is
partly responsible for his own injury should not be entitled to recover damages
in full but must bear the consequences of his own negligence. (National Power
Corporation v. Heirs of Noble Casionan, G.R. No. 165969, November 27, 2008,
572 SCRA 71)
Art. 2217. Moral damages include physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded feelings, moral shock, social
humiliation, and similar injury. Though incapable of pecuniary computation,
moral damages may be recovered if they are the proximate result of the
defendant's wrongful act for omission.
Art. 2219. Moral damages may be recovered in the following and analogous
cases:
xxx xxx xxx
EVIDENCE
Page 59
Writing Your Destiny through R.E.M.V.S.
A witness can testify only to those facts which he knows of his personal
knowledge; that is, which are derived from his own perception, except as
otherwise provided in these rules.
Where the statements or writings attributed to a person who is not on the
witness stand are being offered not to prove the truth of the facts stated therein
but only to prove that those statements were actually made or those writings
were executed, such evidence is not covered by the hearsay evidence rule.
(Cornejo, Sr., vs. Sandiganbayan, G.R. No. 58831, July 31, 1987, 152 SCRA 559)
Under the doctrine of independently relevant statements, only the fact that such
statements were made is relevant, and the truth or falsity thereof is immaterial.
The hearsay rule does not apply. (People v. Gumimba et al., G.R.No. 174056,
February 27, 2007, 517 SCRA 25)
Sec. 42.Part of res gestae. Statements made by a person while a startling
occurrence is taking place or immediately prior or subsequent thereto with
respect to the circumstances thereof, may be given in evidence as part of res
gestae. xxx
A declaration made spontaneously after a startling occurrence is deemed as part
of the res gestae when (1) the principal act, the res gestae is a startling
occurrence; (2) the statements were made before the declarant had time to
contrive or devise; and (3) the statements concern the occurrence in question
and its immediately attending circumstances. (Zarate v. Regional Trial Court,
Branch 43, Gingoog City, Misamis Oriental, G.R. No. 152263, July 3, 2009, 591
SCRA 510)
Sec. 48.General rule. The opinion of witness is not admissible, except as
indicated in the following sections.
Sec. 3.Disputable presumptions. The following presumptions are satisfactory
if uncontradicted, but may be contradicted and overcome by other evidence:
xxx
(d)That a person takes ordinary care of his concerns;
(q)That the ordinary course of business has been followed;
(y)That things have happened according to the ordinary course of nature and
ordinary nature habits of life;
In every tort case filed under Article 2176 of the Civil Code, plaintiff has to prove
by a preponderance of evidence: (1) the damages suffered by the plaintiff;
(2) the fault or negligence of the defendant or some other person for whose act
he must respond; and (3) the connection of cause and effect between the fault or
negligence and the damages incurred. (Child Learning Center, Inc. v.
Tagorio,G.R. No. 150920, November 25, 2005, 476 SCRA 236)
Page 60
Writing Your Destiny through R.E.M.V.S.
Legal
Opinion
Page 61
Writing Your Destiny through R.E.M.V.S.
Legal Opinion
Using the same facts as that on the trial memorandum example, the following
scenario ensued:
Atty. T. Orotot, bothered by the events that led to the filing of the rape case,
came to your office to ask for your legal opinion as to whether or not a disbarment
case may be filed with the IBP considering the existence of the criminal case.
Discuss your legal opinion using the Canons of Professional Responsi-
bility as well as jurisprudence, if any.
1. Ascertain the purpose for which your client seeks your opinion; (Abad, 2009)
2. Do pre-work. Here are some points to consider:
a. Get all the facts you need for forming a competent opinion;
b. Make a summary of the relevant facts of the case and put them in correct
sequence.
c. Identify the issues that have to be resolved and rough out the arguments
that support your thesis;
Note: Determine preliminarily the principal issue or issues involved in the case.
3. After pre-work, do write up.
As a general rule, there is no prescribed form for Legal Opinion. However, the
substance must meet certain minimum requirements of content. (Abad,2009)
1. HEADING AND INTRODUCTION Consist of the letter head of the law firm, date,
name and address (inside address) of the client, salutation and a short introduction.
(Tabucanon, 2010)
Page 62
Writing Your Destiny through R.E.M.V.S.
Introduce the issues by providing the background facts that are need to un-
derstand those issues. (Abad, 2009) The writer should put only as much back-
ground facts as are needed for an understanding of the issue or issues included.
a. State the issue or issues this is the query in which the client seeks out your
opinion concerning the facts surrounding the issue.
b. State the position you take on those issues - This is the part where you answer
the query, answering based on relevant laws and jurisprudence.
a. The statement of a rule that applies to a given fact or set of facts (the rule state-
ment);
b. The statement of the fact of a particular case that opens up such case or closes it
to the application of the rule (the case fact statement); and
c. The conclusion that the rule applies or does not apply to the particular case (the
conclusion statement).
Page 63
Writing Your Destiny through R.E.M.V.S.
strong, and put them together again to produce a persuasive argument (Abad,
2009).
4. THE ARGUMENTS THAT MAY BE MADE AGAINST YOU versus THE ARGUMENTS IN
YOUR FAVOR
List all the pertinent laws and jurisprudence which are not in your favor to
show your client both sides as to not incite overexcitement to a winning case nor
distress over a possibly losing case.
5. THE CONCLUSION AND THE RECOMMENDATION (WHAT YOU WANT YOUR READER
TO THINK UNDER THE CIRCUMSTANCES)
The ultimate goal is to convince the reader of the value of the given advice
which may guide his future actions beneficially. Like the previous chapter, the
reader is given an actual example and the 2011 Bar examination to practice the rec-
ommended steps as presented. It is advised to use other materials available to the
reader to enhance the suggested answer to the example.
Page 64
Writing Your Destiny through R.E.M.V.S.
SUGGESTED ANSWER
March 9, 2012
Paniero:
Greetings. Perhaps it has been difficult for you emotionally that you
needed to inquire as to the merits of a disbarment case against those whom
you have accused of raping your girlfriend. Here is the opinion you requested.
The facts as you have stated together with the pertinent documents are
as follows:
Your girlfriend filed a complaint for rape as against two lawyers who
were admittedly her regular customers by the introduction of a substance that
had rendered her deprived of her will to resist, thus suffering multiple injuries
in her whole body.
The lawyers, however, pleaded that the supposed substance was actu-
ally introduced by your girlfriend in exchange for money, thereby alleging a con-
sensual undertaking.
The issue you would want expounded is to whether or not disbarment
proceedings could ensue and ultimately remove the defendants from the prac-
tice of law.
In my honest opinion, these lawyers should be disbarred for violation of
the Canons of Professional Responsibility.
Page 65
Writing Your Destiny through R.E.M.V.S.
Rule 1.01, Canon 1, CPR: A lawyer shall not engage in unlawful, dishon-
est, immoral or deceitful conduct. The Supreme Court defined that grossly im-
moral conduct is one that is so corrupt and false as to constitute a criminal
act or so unprincipled or disgraceful as to be reprehensible to a high degree.
(Figueroa v. Barranco, SBC Case No. 519, July 31, 1997) The High Court also
held that The word "conduct" used in the rules is not limited to conduct exhib-
ited in connection with the performance of the lawyer's professional duties but
it also refers to any misconduct, although not connected with his professional
duties, that would show him to be unfit for the office and unworthy of the privi-
leges which his license and the law confer upon him. The grounds expressed
in Section 27, Rule 138, of the Rules of Court are not limitative and are broad
enough to cover any misconduct, including dishonesty, of a lawyer in his pro-
fessional or private capacity. Such misdeed puts his moral fiber, as well as his
fitness to continue in the advocacy of law, in serious doubt. (Orbe v. Atty.
Adaza, A.C. No. 5252, May 20, 2004)
Page 66
Writing Your Destiny through R.E.M.V.S.
the High Court states that such misdeeds puts his moral fiber in doubt to in-
clude his fitness to continue in the legal profession.
Although my assessment might be different as to the appreciation of the
Integrated Bar of the Philippines or the Supreme Court, I would still recom-
mend pursuing the case as against these lawyers to finally ascertain what
their penalties would be, if any, and for you to have peace of mind. I could help
you if you require more of my service.
In Furtherance of Friendship,
Page 67
Writing Your Destiny through R.E.M.V.S.
Kindly Answer
The
Bar examination
Page 68
Writing Your Destiny through R.E.M.V.S.
Page 69
Writing Your Destiny through R.E.M.V.S.
TERESA: That is also the point. Roy told me that he was not sure that he did.
He was young and adventurous. He said that he dated Ester until they had an
affair. When she got pregnant, she wanted to marry him. But he was honest
enough to tell her that they were not meant for each other and that he was
afraid that it would break his Moms heart if he did.
ATTY. SALES: How did Ester take it?
TERESA: Roy said that she was not happy about it but she accepted his deci-
sion. They had since broken up their relationship but he has consistently given
support to their child whom they named Melinda.
ATTY. SALES: Did Roy register Melinda as his daughter?
TERESA: He said that it was Ester who registered their daughter, using his sur-
name Lopez. She told Roy about the registration long afterwards.
ATTY. SALES: So what happened?
TERESA: Roy and I decided to get married and got the blessings of our par-
ents. In fact, we have set it next month on December 17. The preparations for
it have been on-going. All the suppliers have been booked and the invitations
have been sent out. Then, last month, I received by mail copies of a marriage
license issued by the Civil Registrars office of Imus, Cavite, dated September
17, 2005 in favor of Roy and Ester and a certificate of marriage showing that
they were married at the office of some religious pastor at the back of Manila
City Hall on August 4, 2005.
ATTY. SALES: Oh, so did you show these to Roy?
TERESA: Yes, I did. He was really shocked by those documents and insisted
that he never married Ester. And I believe him because the handwritten details
on the marriage license application form were clearly not Roys writing. The in-
formation about where he lived and the names of his parents were all wrong. I
had a handwriting expert examine the documents and Roys specimen hand-
writings and signatures. The expert said that the writings and signatures on
the documents were definitely not those of Roy.
ATTY. SALES: So what did you and Roy do?
TERESA: Roy confronted Ester about it and she confessed that in 2005 out of
sheer desperation, she got the marriage license from Cavite with someones
help and paid for the marriage certificate from an office near the city hall of
Manila.
ATTY. SALES: Was it Ester who sent you those documents?
TERESA: She said no but she suspects that it was her father who resented the
fact that Roy would be getting married to someone else. Esters father ap-
Page 70
Writing Your Destiny through R.E.M.V.S.
peared to have said that he would file charges of bigamy against Roy if he
marries me. The documents are forgeries but they are part of the official re-
cords of the Manila Civil Registry and the National Statistics Office. I am afraid
for Roy and myself. Could he really be charged with bigamy if he marries me?
Someone said that we cannot get married until Roys supposed marriage with
Ester has been annulled in court. But our wedding in December has been set.
Can we still continue with the wedding? If ever, would it be valid? What should
we do Attorney?
ATTY. SALES: There are several issues that we are dealing with here. I have to
study the matter first. Give me a little time and I will prepare an opinion for
you.
TERESA: Theres another problem Attorney. My family is quite concerned about
Roys illegitimate child. I come from a well-off family and I want to protect my
properties from the possibility that Roys illegitimate child would someday
make a claim on my properties. I dont mind Roy, I know hes marrying me for
love. But I am concerned about the rights of my future children. What reme-
dies should I take?
ATTY. SALES: Well, if you get married, it would be best that you have a prenup-
tial agreement.
TERESA: Can you make one for us, Attorney?
ATTY. SALES. Oh, yes.
The elements of bigamy are: (1) the offender has been legally married; (2) the
first marriage has not been legally dissolved, or in case his or her spouse is
absent, the absent spouse has not been judicially declared presumptively
dead;
Art. 350. Marriage contracted against provisions of laws. The penalty of pri-
Page 71
Writing Your Destiny through R.E.M.V.S.
sion correccional in its medium and maximum periods shall be imposed upon
any person who, without being included in the provisions of the next preceding
article, shall contract marriage knowing that the requirements of the law have
not been complied with or that the marriage is in disregard of a legal impedi-
ment.
If either of the contracting parties shall obtain the consent of the other
by means of violence, intimidation or fraud, he shall be punished by the maxi-
mum period of the penalty provided in the next preceding paragraph.
FAMILY CODE
REQUISITES OF MARRIAGE
Art. 2. No marriage shall be valid, unless these essential requisites are pre-
sent:
(1) Legal capacity of the contracting parties who must be a male and a fe-
male; and
(2) Consent freely given in the presence of the solemnizing officer.
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of
this Title; and
(3) A marriage ceremony which takes place with the appearance of the con-
tracting parties before the solemnizing officer and their personal declaration
that they take each other as husband and wife in the presence of not less
than two witnesses of legal age.
Art. 4. The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the
marriage but the party or parties responsible for the irregularity shall be civilly,
criminally and administratively liable.
VOID AND VOIDABLE MARRIAGES
Art. 35. The following marriages shall be void from the beginning:
xxx xxx xxx
(2) Those solemnized by any person not legally authorized to perform mar-
riages unless such marriages were contracted with either or both parties be-
lieving in good faith that the solemnizing officer had the legal authority to do
so;
(3) Those solemnized without license, except those covered the preceding
Page 72
Writing Your Destiny through R.E.M.V.S.
Chapter;
xxx xxx xxx
Art. 40. The absolute nullity of a previous marriage may be invoked for pur-
poses of remarriage on the basis solely of a final judgment declaring such pre-
vious marriage void. It is now settled that the fact that the first marriage is
void from the beginning is not a defense in a bigamy charge. As with a void-
able marriage, there must be a judicial declaration of the nullity of a marriage
before contracting the second marriage. Article 40 of the Family Code states
that x x x. The Code Commission believes that the parties to a marriage should
not be allowed to assume that their marriage is void, even if such is the fact,
but must first secure a judicial declaration of nullity of their marriage before
they should be allowed to marry again. x x x. (Mercado vs. Tan, G.R. 137110,
August 1, 2000, 337 SCRA 122)
The present case is analogous to, but must be distinguished from Mercado vs.
Tan. In the latter case, the judicial declaration of nullity of the first marriage
was likewise obtained after the second marriage was already celebrated. We
held therein that: A judicial declaration of nullity of a previous marriage is nec-
essary before a subsequent one can be legally contracted. One who enters
into a subsequent marriage without first obtaining such judicial declaration is
guilty of bigamy. This principle applies even if the earlier union is characterized
by statutes as void. It bears stressing though that in Mercado, the first mar-
riage was actually solemnized not just once, but twice: first before a judge
where a marriage certificate was duly issued and then again six months later
before a priest in religious rites. Ostensibly, at least, the first marriage ap-
peared to have transpired, although later declared void ab initio.
In the instant case, however, no marriage ceremony at all was performed by a
duly authorized solemnizing officer. Petitioner and Lucia Barrete merely signed
a marriage contract on their own. The mere private act of signing a marriage
contract bears no semblance to a valid marriage and thus, needs no judicial
declaration of nullity. Such act alone, without more, cannot be deemed to con-
stitute an ostensibly valid marriage for which petitioner might be held liable for
bigamy unless he first secures a judicial declaration of nullity before he con-
tracts a subsequent marriage. (Morigo v. People, G.R. No. 145226, February
6, 2004, 422 SCRA 376)
MARRIAGE SETTLEMENTS
Art. 75. The future spouses may, in the marriage settlements, agree upon the
regime of absolute community, conjugal partnership of gains, complete sepa-
Page 73
Writing Your Destiny through R.E.M.V.S.
Page 74
Writing Your Destiny through R.E.M.V.S.
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange
with property belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the hus-
band. (148a)
Art. 110. The spouses retain the ownership, possession, administration and
enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the administration of his or
her exclusive property to the other by means of a public instrument, which
shall be recorded in the registry of property of the place the property is lo-
cated.
Art. 116. All property acquired during the marriage, whether the acquisition
appears to have been made, contracted or registered in the name of one or
both spouses, is presumed to be conjugal unless the contrary is proved.
Art. 121. The conjugal partnership shall be liable for:
(1) The support of the spouse, their common children, and the legitimate chil-
dren of either spouse; however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;
xxx xxx xxx
Art. 144. Separation of property may refer to present or future property or
both. It may be total or partial. In the latter case, the property not agreed upon
as separate shall pertain to the absolute community.
SUPPORT
Page 75
Writing Your Destiny through R.E.M.V.S.
Sample
LEGAL
And
JUDICIAL
FORMS
Page 76
Writing Your Destiny through R.E.M.V.S.
General Pleading
-allegations-
(PRAYER)
Tagaytay City, Philippines, ________ (date) __________.
_________________
Attorney
Address
IBP Roll No.
IBP Receipt No. (Lifetime No.)/Date of Issue
PTR No./Date of Issue
MCLE Compliance (Exemption) No.
[6] VERIFICATION, if required
CERTIFICATE OF NON-FORUM SHOPPING, when appropriate
NOTICE OF HEARING, when required
PROOF OF SERVICE
EXPLANATION
Page 77
Writing Your Destiny through R.E.M.V.S.
(Person verifying) after having been duly sworn deposes and says:
Page 78
Writing Your Destiny through R.E.M.V.S.
Jurat
Doc. No._____;
Page No. ____;
Book NO.____;
Series of 2013
Page 79
Writing Your Destiny through R.E.M.V.S.
Proof of Service
Copy furnished
Through registered mail:
Atty.____________ Registry Receipt No.___________
Counsel for ______ Date: _______________
(firm name) Post Office: ____________
(Office Address)
EXPLANATION
Pursuant to the Rules of Court, service of the above
(designation of pleading or document) was effected through regis-
tered mail because of the impracticability of personal service. The
office of the undersigned counsel is located at (Tagaytay City for
example) while that of the adverse counsel is located at (Makati
City for example), and there is no messenger in the employ of the
undersigned counsel who could effect personal service.
Page 80
Writing Your Destiny through R.E.M.V.S.
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________)
CITY/MUNICIPALITY OF _______) S.S.
BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this ___ day of _____, 2011, personally ap-
peared the following persons :
Known to me to be the same persons who executed the foregoing instrument and they acknowledged to me that
the same is their own free and voluntary act and deed [12] and of the corporations herein represented.
This instrument refers to a (title of document) and consists of ___ pages including the page on which this acknowl-
edgment is written and signed by the parties and their instrumental witnesses on each and every page thereof.
WITNESS MY HAND AND SEAL on the date and at the place above written.
JOSE CRUZ
NOTARY PUBLIC TagaytayCity
Appointment No. ____
Until December 31, 2010
Roll no. ____
PTR no. ____, date of issue, place of issue
IBP no. _____, date of issue, place of issue
Office Address:
Email:
Contact Number:
Doc. No._____;
Page No. ____;
Book No.____;
Series of 2011.
Page 81
Writing Your Destiny through R.E.M.V.S.
Contract of Lease
Know All Men by These Presents:
The Lessee hereby acknowledge that he has received the Property in good,
habitable condition and undertake to maintain the such condition throughout
the duration of the lease;
LIZA DE LA CRUZ-COMIA ARTHUR REYES
Lessor Lessee
With my marital consent:
Lupo Comia
Signed in the Presence of:
_____________________ ________________
(ACKNOWLEDGMENT)
Page 82
Writing Your Destiny through R.E.M.V.S.
(ACKNOWLEDGMENT)
(AFFIDAVIT OF GOOD FAITH)
(JURAT)
Page 83
Writing Your Destiny through R.E.M.V.S.
______________ _____________
(Mortgagor) (Mortgagee)
(JURAT)
Page 84
Writing Your Destiny through R.E.M.V.S.
AFFIDAVIT OF MERIT
2. I have caused the preparation of the Motion for Reconsideration to which this affidavit
is attached;
3. I have read the allegations contained therein and I hereby state that the same is true
and correct of my personal knowledge and based on authentic records;
4. I have received a copy of the resolution of the Regional Trial Court dismissing my petition
for failure to prosecute for an unreasonable length of time;
5. The reason for my failure to proceed with the steps necessary for my case was due to
the fact that my counsel, Atty. _____ was admitted in the St. Lukes Hospital for an emer-
gency operation;
6. The partners of my lawyer were not able to handle my case because of their individual
work load and hectic schedule;
7. The foregoing circumstance that led to the dismissal of my petition constitute mistake
and/or excusable negligence which ordinary prudence could not have guarded against and
by reason of which I have been impaired of my rights, especially because a judgment was
rendered by the court without affording me the chance to present my evidence;
8. I voluntarily execute this Affidavit of Merit to attest to the truth of the foregoing facts and
in order to support the grounds in my Motion for Reconsideration as it really shows that
the same is meritorious and in order that the Order or Judgment rendered against me be
reconsidered and set aside and a new one be issued reinstating the instant case.
Page 85
Writing Your Destiny through R.E.M.V.S.
2. That counsel for defendant is afflicted with SORE EYES and is now under
the medical care of Dr. ________. A copy of the physicians certificate under is
hereto attached;
_________________
Attorney
Address
IBP Roll No.
IBP Receipt No. (Lifetime No.)/Date of Issue
PTR No./Date of Issue
MCLE Compliance (Exemption) No.
Contact No.
E-mail address:
Page 86
Writing Your Destiny through R.E.M.V.S.
COMPLAINT
Plaintiff, by counsel, respectfully alleges:
1. That the plaintiff is of legal age, single and a resident of ______, while the
defendant is of legal age, single and a resident of _______ where he may be
served with summons;
2. That on _______ (date), defendant obtained a loan from the plaintiff in the
amount of ________ pesos (Php__________) for which he executed and deliv-
ered to plaintiff a promissory note, a copy of which is hereto attached as
Annex A, and made part of this complaint, to wit:
(copy promissory note)
Date_____________
P___________
__________ after date, I ______, promise to pay to the order of _______, the
sum of ________ pesos (Php_____________).
____________
Maker
3. That despite the lapse of the period for the payment of the amount stated
in said note, defendant has not paid the same, or any part thereof or interest
thereon;
WHEREFORE, it is respectfully prayed that judgment be rendered in favor of
plaintiff and against defendant for the sum of _____________ (total sum of
the promissory notes) pesos (Php________) with interest at the rate of twelve
per centum (12%) per annum on each of the aforesaid notes, until paid; inter-
est at the legal rate on the interest due from the time of the filing of the com-
plaint and attorneys fees plus costs.
Such other reliefs as may be just and equitable under the premises are like-
wise prayed for.
________ City, Philippines, this _____ day of _______2011.
Name ____________________________
Office Address ____________________
Roll of Attorney No. ________________
PTR No.___, ___ (date and place of issue)
IBP No. ____, ___ (date of issue) (chapter)
MCLE Compliance No. _____________
VERIFICATION with CERTIFICATION OF NON-FORUM SHOPPING
Page 87
Writing Your Destiny through R.E.M.V.S.
ANSWER
Attorney____________________________
Office Address_____________________
Roll of Attorney No. ________________
PTR No.___, ___ (date and place of issue)
IBP No. ____, ___ (date of issue) (chapter)
MCLE Compliance No. _______________
Copy furnished:
_________________________________
Name and Address of adverse counsel
PROOF OF SERVICE (affidavit of service by mail)
EXPLANATION
Page 88
Writing Your Destiny through R.E.M.V.S.
of which I am the registered owner in fee simple, my title thereto being evi-
denced by Transfer/Original Certificate of Title No. _______________, issued
by the Registry of Deeds of _________, free from all liens and encumbrances;
and,
HEREBY GIVING AND GRANTING unto the said attorney-in-fact full powers and
authority to do and perform all and every act requisite or necessary to carry
into effect the foregoing authority to sell, as fully to all intents and purposes as
I might or could lawfully do if personally present, with full power of substitu-
tion, and hereby ratifying and confirming all that the said attorney or his sub-
stitute shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, we have set our hands this __day of __________,
2011, in ___________, Philippines.
_________________
(Principal)
Conforme:
___________________
(Attorney-in-Fact)
Signed in the presence of:
____________________ ______________________
JOINT ACKNOWLEDGMENT
Page 89
Writing Your Destiny through R.E.M.V.S.
The samples given are simple enough and used even by laymen, but the
necessity of knowing the basics is a must.
1. A prescribed form is only made when the law requires it like the Civil Code
of the Philippines on Pledges;
2. The requirement on verification and certification of non-forum shopping
should never be neglected among other substantial compliance require-
ments like the attestation clause on notarial wills;
3. Criminal complaints should have the complete elements of the crime
charged stated explicitly;
4. The prayer should always include a general manifestation of relief that may
be granted. The Supreme Court has held that the relief or reliefs prayed for
may be proper or not, but as long as the plaintiff deserves a relief, the
court will grant him the relief to which he is entitled under the facts as
proven. (Guidotte v Yeung, CA-CR No. 6268, July 10, 1951)
5. Read, and re-read legal forms prior to the final printing. One word can
cause a loss for a winning cause.
Attorney R.E.M.V.S.
Page 90
Prayer to St. Thomas More
Lawyer's Prayer
Amen et Amen.
Conceptis Legalesce Series
1. Political Law Review 6. Taxation Law Review
2. Labor Law Review 7. Remedial Law Review
3. Civil Law Review 8. Legal and
4. Criminal Law Review Judicial Ethics
5. Mercantile Law Review 9. Writing Your Destiny
through R.E.M.V.S.