Legal Writing
Legal Writing
Legal Writing
Herbert Madasalin, a 25-year old Bar candidate, surrendered his driver's license to the security
guard at the Arlegui Gate when he entered the Malacanang compound to pray at the National Shrine
of St. Jude Thaddeus. After praying the novena to St. Jude, Herbert went to the Arlegui Gate to
retrieve his driver's license. However, he was not able to get the license because the security guard
was then elsewhere. He returned the next day only to be told that the security guard had misplaced
the license. The security guard concerned could not anymore remember where he had placed the
license.
Herbert immediately requests your assistance in the preparation of an affidavit of loss. His address
is at 143 Zuzuaregui Street, Don Antonio Heights, Quezon City. As his friend, prepare Herbert's
affidavit of loss.
II.
Kyle Angelo was served with summons and a copy of the complaint of Ciara Jane for collection of
the amount of ₱1,000,000.00 as evidenced by a promissory note signed by Kyle Angelo. She
alleged that the debt was overdue; and that Kyle Angelo refused to pay despite repeated demands.
Kyle Angelo engaged the services of Atty. Carlos Sa bit, who decided to file a motion to dismiss on
the ground of lack of cause of action and prescription. Atty. Carlos Sabit drafted the motion and sent
the draft to Kyle Angelo for his perusal. Kyle Angelo, being himself a law graduate, quickly noticed
that the draft did not contain a notice of hearing.
Draft the notice of hearing that Atty. Carlos Sabit should include in the motion to dismiss.
III
Believing that an onerous transfer would result in lesser taxes than a gratuitous transfer, Nenita Villo,
a widow, decided to sell her lone asset worth ₱3,000,000.00 to her daughters, Andrea, Carina and
Carissa, all of legal age, gainfully employed and still unmarried. The asset consisted of the house
and the lot registered under Transfer Certificate of Title No. 67890 of the Register of Deeds of
Paranaque City and situated at No. 3156 Bayswater Street, Metro Ville Subdivision, Paranaque City
where Nenita and her daughters presently resided.
Nenita required her daughters to make a down payment of ₱1,000,000.00, and the balance to be
paid once the title to the property was transferred to her daughters' names. All the taxes, fees, and
costs related to the sale would be for the account of Nenita, while those related to the transfer of title
would be paid by Andrea, Carina and Carissa.
Draft the contract to be executed by Nenita and her daughters in connection with the transfer of the
house and lot. Omit details other than those stated in the question.