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Writing the arguments
Hypothetical situation
A person had, since birth, been using Johnny
Cruz as his name. He finds out that his name as
appearing in his Birth Certificate is Juan Cruz.
The PhilHealth now wants an Affidavit of Two
Disinterested Persons to certify that Johnny Cruz
is the same Juan de la Cruz.
What material facts should you state in the
affidavit?
Affidavit of Two Disinterested Persons
1) Name and personal circumstances of the 2 affiants.
Affidavit of Two Disinterested Persons
1) Name and personal circumstances of the 2 affiants.
2) That they know Johnny Cruz since ____?
Affidavit of Two Disinterested Persons
1) Name and personal circumstances of the 2 affiants.
2) That they know Johnny Cruz since ____?
3) That they know that his parents are H & W who hails
from _____?
Affidavit of Two Disinterested Persons
1) Name and personal circumstances of the 2 affiants.
2) That they know Johnny Cruz since ____?
3) That they know that his parents are H & W who hails
from _____?
4) That his birthday is on _____.
Affidavit of Two Disinterested Persons
1) Name and personal circumstances of the 2 affiants.
2) That they know Johnny Cruz since ____?
3) That they know that his parents are H & W who hails
from _____?
4) That his birthday is on _____.
5) That his siblings are A,B,C…
Affidavit of Two Disinterested Persons
1) Name and personal circumstances of the 2 affiants.
2) That they know Johnny Cruz since ____?
3) That they know that his parents are H & W who hails
from _____?
4) That his birthday is on _____.
5) That his siblings are A,B,C…
6)
Allegations in a civil case
(Art. 36 complaint)
Allegations:
1) Facts and circumstances to show the outward
manifestations of the defendant spouse.
Allegations:
1) Facts and circumstances to show the outward
manifestations of the defendant spouse.
2) Statement to link such facts to a probable
condition indicating “psychological incapacity”.
Allegations:
1) Facts and circumstances to show the outward
manifestations of the defendant spouse.
2) Statement to link such facts to a probable
condition indicating “psychological incapacity”.
3) Allegation that such a condition was already
existing at the time of marriage.
Allegations:
1) Facts and circumstances to show the outward
manifestations of the defendant spouse.
2) Statement to link such facts to a probable
condition indicating “psychological incapacity”.
3) Allegation that such a condition was already
existing at the time of marriage. (by citing facts,
events or incidents before marriage)
Allegations:
1) Facts and circumstances to show the outward
manifestations of the defendant spouse.
2) Statement to link such facts to a probable
condition indicating “psychological incapacity”.
3) Allegation that such a condition was already
existing at the time of marriage. (by citing facts,
events or incidents before marriage)
4) Allegation that such a condition is grave and
incurable.
Allegations:
1) Facts and circumstances to show the outward
manifestations of the defendant spouse.
2) Statement to link such facts to a probable
condition indicating “psychological incapacity”.
3) Allegation that such a condition was already
existing at the time of marriage. (by citing facts,
events or incidents before marriage)
4) Allegation that such a condition is grave and
incurable.
5) Psychologist’s expert testimony to confirm.
Writing the arguments (Legal Writing)

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Writing the arguments (Legal Writing)

  • 2. Hypothetical situation A person had, since birth, been using Johnny Cruz as his name. He finds out that his name as appearing in his Birth Certificate is Juan Cruz. The PhilHealth now wants an Affidavit of Two Disinterested Persons to certify that Johnny Cruz is the same Juan de la Cruz. What material facts should you state in the affidavit?
  • 3. Affidavit of Two Disinterested Persons 1) Name and personal circumstances of the 2 affiants.
  • 4. Affidavit of Two Disinterested Persons 1) Name and personal circumstances of the 2 affiants. 2) That they know Johnny Cruz since ____?
  • 5. Affidavit of Two Disinterested Persons 1) Name and personal circumstances of the 2 affiants. 2) That they know Johnny Cruz since ____? 3) That they know that his parents are H & W who hails from _____?
  • 6. Affidavit of Two Disinterested Persons 1) Name and personal circumstances of the 2 affiants. 2) That they know Johnny Cruz since ____? 3) That they know that his parents are H & W who hails from _____? 4) That his birthday is on _____.
  • 7. Affidavit of Two Disinterested Persons 1) Name and personal circumstances of the 2 affiants. 2) That they know Johnny Cruz since ____? 3) That they know that his parents are H & W who hails from _____? 4) That his birthday is on _____. 5) That his siblings are A,B,C…
  • 8. Affidavit of Two Disinterested Persons 1) Name and personal circumstances of the 2 affiants. 2) That they know Johnny Cruz since ____? 3) That they know that his parents are H & W who hails from _____? 4) That his birthday is on _____. 5) That his siblings are A,B,C… 6)
  • 9. Allegations in a civil case (Art. 36 complaint)
  • 10. Allegations: 1) Facts and circumstances to show the outward manifestations of the defendant spouse.
  • 11. Allegations: 1) Facts and circumstances to show the outward manifestations of the defendant spouse. 2) Statement to link such facts to a probable condition indicating “psychological incapacity”.
  • 12. Allegations: 1) Facts and circumstances to show the outward manifestations of the defendant spouse. 2) Statement to link such facts to a probable condition indicating “psychological incapacity”. 3) Allegation that such a condition was already existing at the time of marriage.
  • 13. Allegations: 1) Facts and circumstances to show the outward manifestations of the defendant spouse. 2) Statement to link such facts to a probable condition indicating “psychological incapacity”. 3) Allegation that such a condition was already existing at the time of marriage. (by citing facts, events or incidents before marriage)
  • 14. Allegations: 1) Facts and circumstances to show the outward manifestations of the defendant spouse. 2) Statement to link such facts to a probable condition indicating “psychological incapacity”. 3) Allegation that such a condition was already existing at the time of marriage. (by citing facts, events or incidents before marriage) 4) Allegation that such a condition is grave and incurable.
  • 15. Allegations: 1) Facts and circumstances to show the outward manifestations of the defendant spouse. 2) Statement to link such facts to a probable condition indicating “psychological incapacity”. 3) Allegation that such a condition was already existing at the time of marriage. (by citing facts, events or incidents before marriage) 4) Allegation that such a condition is grave and incurable. 5) Psychologist’s expert testimony to confirm.