Writing your Destiny through R.E.M.V.S.

Writing your
Destiny
Through
R.E.m.V.S.
(Ritual Enhancement And
Mental Visualization System)
Practical Exercises for Students,
Barristers, and Lawyers

For Bubut, and my five daughters
Ad Majorem Dei Gloriam

Writing Your Destiny through R.E.M.V.S.
About the Author
Attorney Remus Romano Reyes is a Card Dealer of Philippine
Amusement and Gaming Corporation (PAGCOR) for 20 years. He finished his
Secondary Education at the Colegio de San Juan de Letran. He graduated at
the University of the Philippines where he earned a degree of Bahelor of Arts
Social Science (Behavioral Studies). He pursued his lifelong dream of
becoming a lawyer despite of the shifting schedule and lack of sufficient study
time. He finished Law School on 2008 and took the Bar Examinations twice.
He became a bonafide member of the Bar on April 30, 2010.
He is presently a Professor of Law at his Alma Mater, the Philippine
Cambridge School of Law, a Legal Counselor as well as an Advocate for Good
Governance in Government Service. He is also a Certified Gaming Instructor
for Casino Games in PAGCOR.
For legal advice and inquiries
Email : attyremus@gmail.com

INTRODUCTION
The Legal Profession is one of the most noble professions devoted to
serve the public by the administration of proper remedies available for the
vindication of the rights of the populace.
Many have endeavored to tread the tumultuous road of law school
braved the rigors and obstacles of the "serial massacre machine" called the
Bar Examinations. Every year, the casualties reach as high as 90% of the
barristers, some on their second, third, or fifth and final attempt, but to no
avail. Only those whose steadfast mindset to go on and continue, and repeat
the somewhat "hellish" process of review. Only those who could squueze
through their budgets, can again make the attempt to reach that moment of
glory, seeing their names posted as passers of the bar examinations after a
few months of painful waiting. Continued failure leads to either the
acceptance of defeat searching for new vocations or to work for improvements
and resume the struggle for the attainment of one's destiny.
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.
Ritual Enhancement and Mental Visualization System (R.E.M.V.S.) is a
method developed and actually used by the author to pass the Bar
Examinations. It is a method which uses time as an ally and the vast
multimedia resources as the actual tools. This method would be beneficial to
both the professional student and the full time apprentices of the college of
law.
Let us start our journey to Destiny...

Law Student Schedule
2004-2008
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.
It was in December 2003 when I learned of the Philippine Cambridge
School of Law, and enrolled after seeking permission from our Branch
Manager. I was often laughed at back then as my age and my requested
schedule would probably send me to the Intensive Care Unit (ICU) or the
National Institute for Mental Health (NIMH), maybe, they were right, but I
proved them wrong. I know the odds are high since all of my daughters were
also studying, physically, mentally, emotionally, and of course, financially, but
that was the challenge I had to face, and through the blessings of God, I did it.
In my First and Second Year, I was allowed to have a fixed 10pm-6am as
my schedule with the school was 5pm-8pm daily. I woke up at around 12
noon, eat lunch, and study up to 3pm and go to Cambridge.
In my Third and Fourth Year, I was allowed a fixed 6am-2pm shift as my
classes would reach up to 9pm. I would arrive home at around 10pm and
study until 12 midnight, sleep and wake up at around 4am and go to work.
Looking at my schedule, my actual study time would only be around four
to five hours a day, inclusive of the 30-minute breaks during office hours. It
would seem impossible to hurdle thousands of pages of textbooks, codal
provisions, and assigned cases, unless I develop a system to even finish my
studies. I also got the results of my San Beda experience, as submitted to
Cambridge, to which my grades were a dismal average of 78%, just enough to

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.
BAR REVIEW AND EXAMINATION SCHEDULE
2008-2009, 2009-2010
After graduation, me and my study buddy looked for a list of possible
review schools that would be suitable for our shifting schedule, there was
none. We had to again request for a schedule that would suit our choice of
review school. I entered review school for the first time and discovered that my
supposedly in-depth knowledge acquired in my college was miniscule in the
presence of review luminaries. I added more time to practice my handwriting
by writing the lectures in separate notebooks per subject, writing around six to
seven hours per day. I squeezed in my schedule at Casino Filipino-Tagaytay to
accommodate review school and used my leave credits from August to
September. I did my best but failed on my first take, missing the cut by 0.76
points.
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

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.
August came and my family decided that it would be best if I rented a
room to lower the costs of my family and my personal needs. The room I
rented was one ride away to the review school. I walked from Quiapo Church
almost daily where I say prayers and hear Mass then went to review. By this
time I was writing an average of eight hours per day as I continue writing after
having dinner till around 10-11pm, then I sleep, wake up at 5am listen to
some recorded lectures as I prepare to embark another day of review. We
were getting ready for the two-examiner style of the Bar Examinations, an
unknown field at the time.
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.

On the resumption of the examinations, I felt quite nervous as my
routine became different. I had to ride the first trip from Tagaytay at around
4am to get to the examination site. Before the Remedial Law Exams, I again
felt jitters in my body, as if, it was again the first week. On the morning exams,
I felt cramping in my fingers, but just prayed that I finish the examinations. The
discomfort continued until I finished Legal Ethics at around 4:45pm. I
remember one guard telling me, after the last examination, "Okay na iyan,
abogado ka na.", I simply smiled and said thanks, feeling a sigh of relief. I
went to our Bar Operations while trying to avoid the revelry and the rain of
beer with a smile on my face. I simply thought to myself that if I had not
trained for this, I could not have finished it.
March 26, 2010, birthday of my eldest child, my wife called me that at
11:56pm, as I was on the 10-6am shift at CF-Tagaytay, the Supreme Court has
released the results of the Bar Examinations, and I passed. I took my oath on
April 29, 2010, and signed the Roll of Attorneys on April 30, 2010. I have
written my destiny and so can you.
Atty. Remus Romano A. Reyes

Writing
Your
Destiny
through
R.E.M.V.S
(Ritual Enhancement and
Mental Visualization System)
by Atty. Remus Romano Reyes

RITUAL ENHANCEMENT and MENTAL VISUALIZATION SYSTEM
(R.E.M.V.S.)
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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:
1. Is it easy to read? Is the writing soothing to the eyes?
2. Is the grammar correct? Did the reader understand your message?
3. Is the presentation neatly laid? Are the words correctly spelled?
If the answer to any of the questions is "NO", the suggested exercises in
this book might provide you with the improvement you need on these basic
area. Relate those comments to the prospect of that task as one of the bar
questions. Will your answer be read by the examiner and be given a high
rating?
Remember these facts:
1. The Bar Examinations are written examinations;
2. Use only pens with permanent inks (NEVER use Ballpens) and in one
color (blue or black) only;
3. Morning Examinations are 4 hours long and Afternoon Examinations
are 3 hours long (7 hours per week); and

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.
R.E.M.V.S. was not designed as an easy way out of studying but a
system that would facilitate understanding of the laws and the underlying
principles of all subjects. The process is "simple" enough to follow together
with the effort needed to complete the tasks with your aspirations as the fuel
until that day when you would be as I am, ATTY. ___________________, with
IBP Roll No. __________.
MATERIALS FOR PRACTICE
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);
2. Composition Notebooks, preferably with no margins, and using fine
quality paper that the ink would not blot on the other side (Note: To those
whose handwriting are comparable to growing grass or chicken scratches, it is
suggested that you start using Writing Notebooks, the ones with the blue-red-
blue lines);
3. Source materials (textbooks, codal provisions, reviewers, cases).
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.

IF YOU DO NOT KNOW HOW TO DO CURSIVE HANDWRITING OR WANT TO
IMPROVE YOUR TECNIQUES, do visit the following websites
Animated Lowercase Handwriting - http://www.handwritingforkids.com/
handwrite/cursive/animation/lowercase.htm
Animated Uppercase Handwriting - http://www.handwritingforkids.com/
handwrite/cursive/animation/uppercase.htm
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.
It is also suggested that you practice the letters one by one as to
achieve consistency in your handwriting and then incorporate it to words and
phrases. Ultimately, the goal is to practice writing the legal concepts included
in the Conceptis Legalesce Series or other sources you find useful in your
review.
What Are The Five Essential Elements of Reading?
In 2000, the National Reading Panel (NRP) issued a report that
identified five areas that they found critical for effective reading instruction:
1. Phonemic awareness
2. Phonics
3. Fluency
4. Vocabulary
5. Comprehension.
Element #1: Phonemic Awareness
Phonemic awareness is the ability to notice, think about, and work with
the discrete sounds in spoken words. Reading research has consistently found

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.
Essential Element #2: Phonics
Phonics involves the relationships between letters and individual
sounds, (also called phonemes), and could help to recognize that there are
systematic and predictable relationships between written letters and spoken
words. The alphabet is considered to be a basic tool of the reader and writer,
and many children have incomplete knowledge of letter sound relationships.
Help yourself by making familiar letter and sound associations and create your
own personalized review book and have the opportunity to strengthen your
phonics knowledge when reading aloud, writing words, and creating stories.
Element #3: Fluency
Fluency is the ability to read a text quickly and accurately. Fluent
readers recognize word automatically and group words as they read, creating
a flow of words rather than pauses between words. Fluency develops with
practice- you become a more fluent readers the more you read!
Strong phonics skills are needed to decode new words and strengthen
fluency. Read daily!
Element #4: Vocabulary
Vocabulary refers to words and their meanings. Research has shown
that vocabulary knowledge is an important predictor of reading
comprehension ability. The Student must have good vocabulary skills in order

to communicate effectively; these skills apply to speaking, listening, reading,
and writing. You can have a large vocabulary by working with individual words,
words in sentences, or in words meaningful text. It is encouraged to use new
vocabulary when writing to make it more expressive and detailed.
Element #5: Comprehension
Comprehension refers to the ability to understand what one is reading.
Comprehension is more than just reading (or decoding) the words aloud. Did
you know that when children are learning to read they are without knowing
what many of the words they are reading actually mean? People with strong
comprehension skills are able to relate the text they are reading to what they
already know, while constructing new knowledge and understanding.
Two important types of comprehension are:
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.
Reading needs to be useful, enjoyable, and meaningful. To gain both
types of comprehension, it is encouraged to make predictions, ask questions
and to form opinions while reading. You can also make the connection
between their book and their own background knowledge and personal
experiences. Before you read you can introduce key ideas in the text in order
to increase the ability to understand the text.
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!

Why Write?
Writing is the representation of language in a textual medium through
the use of a set of signs or symbols (known as a writing system) (Peter T.
Daniels, "The Study of Writing Systems", in The World's Writing Systems, ed.
Bright and Daniels, p. 3). The reader would probably ask, why do all this when
I could and should be reading my textbooks. To answer the question, I would
like you to look at what you have first written. How many times have you read
your answer to my question as to the reason why you want to become a
lawyer? Believe it or not, you have read your piece THREE times. First, when
you wrote your piece. Second, when you read it aloud. Finally, when you told
somebody to read your writing. You have used more than one of your senses
to accomplish the task, and if you close your eyes you could still probably
visualize what you have written.
To prove my point further, I would like you to write the following on a
separate paper or in the notebook prescribed:
"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

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.
Reading is thinking guided by print (Perfetti, 1985); a way of acquiring
meaning from written text (Block, Gambrell, & Pressley, 2002), or the process
of extracting and constructing meaning through interaction and involvement
with the written language (Sweet & Snow, 2002). Writing augments the
reading process as there is additional interaction and involvement gained with
each stroke of the hand. Gain More by Adding one "Simple" Step. WRITE!
MAKING and TAKING down NOTES
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).

You can now add the second and third paragraphs as follows:
Felonies are committed by means of: a) deceit (dolo) - the act is
performed by deliberate intent; and (b) fault (culpa) - when the wrongful act
results from imprudence, negligence, lack of foresight or lack of skill.
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.
HOW TO WRITE the PAGES
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;

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).
The elegance of the form and the improvement of your handwriting
would be evident the longer you use the system and the way you write
becomes a part of your daily repertoire of study. It ceases to be merely an
exercise but a ritual of study and learning. This would also develop a level of
confidence and faith. It is also best to develop your positive attitude, believe
that you can achieve your dreams through your efforts.
CASES, CASES, and more CASES
Jurisprudence are those cases decided by the Supreme Court giving
their interpretation of the statutes or the application of laws as required and
empowered by the Constitution.
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.

The addition of jurisprudence in your notes would provide greater detail
and understanding as to the written law as applied by its implementers, its
meaning according to the intent of the framers, as interpreted by the High
Court.
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.
OF RECITATIONS AND WRITTEN EXAMINATIONS
Most Law Professors, myself included, use the Socratic Method of
teaching. The Socratic Method uses questions or series of questions to elicit
from students answers through logical sequences. When I was a student, I
remember standing up for more than two hours reciting, but without knowing
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.
First, understand the question. What is being asked? Is it a definition, or
an enumeration? Or is it a situational question answerable by yes or no or
emphatic questions like "if you were the _______".
Second, formulate your answer starting with the source, either in law, or
jurisprudence, sometimes even logic, as part of your answer.
Third, apply your source to the facts or matter that is asked.

Fourth, conclude your answer with a paraphrase of the question.
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)
If the next question is a situation where a person kills another, is it
always punishable, as it is defined in the RPC? You could answer, "No, it is not
always punishable. The Supreme Court has held that where a person kills
another by accident or a mistake of fact, the person does not incur criminal
liability. Hence, the killing of a person is not always
punishable." (jurisprudence)
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.
SAMPLE RECITATION QUESTIONS
in
VARIOUS SUBJECTS
1. What does the Constitution of the Philippines provide with reference
to International Law?
2. A killed B. What is the Crime?
3. Define Jurisdiction?
4. What is the Writ of Kalikasan?
5. What are the different types of Business Organizations? Define.

6. Atty. A put the money of Client B, as reparation for damages in a
winning suit, in Atty. A's personal account, can Atty. A. be the subject of
disbarment?
Kindly Answer the following questions in a separate paper or in your own
notebooks.
ANSWERING THE BAR EXAMINATION
Do you have copies of the Bar Examinations? As early as now, it would
be best to secure at least the last three years of the Bar exams to get a feel of
the task at hand. If you would read them, prior to the actual questions are the
given instructions of the exam.
READ THE INSTRUCTIONS Carefully. It would not be melodramatic to
over-emphasize the importance of this rule. Many have failed due to the non-
compliance to "simple" instructions like, "DO NOT WRITE ON THIS PAGE" or "Do
not place any image, symbol, or indications that might be considered as
markings".
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.
Objective Questions - questions which ask for definitions or
enumerations as stated in law or jurisprudence. They may come as direct
questions or sub-questions to situational questions.
Situational Questions - questions which give certain facts to which the
application of law or jurisprudence is required. These may be questions

answerable by a yes or a no, or, may come in the form of advice seeking
questions.
Multiple Choice Questions - questions to which the answer is given in
one of several choices, explanation of the choice may be required depending
on the instructions.
The definitions given above are not absolute as variants of these
questions may vary in form. Again, READ THE QUESTIONS AND THE
INSTRUCTIONS Carefully.
SAMPLE QUESTIONS
OBJECTIVE QUESTION
1. What is the purpose of impeachment? Does conviction prevent
further prosecution and punishment? Explain (3%) [2012, Political and
International Law]
2. X borrowed money from Y in the amount of Php1Million and as
payment issued a check. Y then indorsed the check to her sister Z without
consideration. When Z deposited the check into her account, the check was
dishonored for insufficiency of funds. a) Is Z a holder in due course? Explain
your answer. (5%) [2012, Mercantile Law]
SITUATIONAL QUESTION
3. AA was arrested for committing a bailable offense and detained in
solitary confinement. He was able to post bail after two (2) weeks of
detention. During the period of detention, he was not given any food. Such
deprivation caused him physical discomfort. What crime, if any, was

committed in connection with the solitary confinement and food deprivation of
AA? Explain your answer. (5%) [2012, Criminal Law]
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]

MULTIPLE CHOICE QUESTION
6. Which of the following statements best describes the distinct
traditional dignity that the legal profession enjoys over other professions?
[2011, Legal Ethics]
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.
Kindly answer the given sample questions to familiarize yourself on the
manner of questions asked in the Bar Examinations. After completing the
Conceptis Legalesce Series and/or your other sources, answer Bar
Examinations starting from 2010 and below (full reasoning) up to the present
set of examinations (MCQ). This will allow you to have a "Feel of the Field", and
develop that confidence needed for actual examination. Suggested answers
for these questions have been published by other authors.

SUGGESTED FORM AND MANNER OF ANSWERING
THE BAR EXAMINATIONS
The Form
The form of answering may be included in the given instructions of the
bar examination. This would be the pattern we would be adapting. The
barrister surely would have preconceived forms or practiced methods of
answering questions especially in essay questions. It should be taken into
importance and adherence the ACTUAL Instructions as written down in the
Examinations proper, if not, a possible immediate disqualification by the
proctor or the examiner upon checking, by not following "simple instructions".
In the 2012 Bar Examinations, it is instructed to put the answers in the
Answer Sheet, to avoid erasures and to finish the MCQ questions first prior to
the answering of the essay questions. "Simple" rules that need to be followed.
In the essay type questions of the same examination, however, it is
specifically stated that "Begin your answer to each numbered question on a
separate page; an answer to a sub-question/s under the same number may
be written continuously on the same page and succeeding pages until
completed." and "Answer the question directly and concisely. Do not repeat
the question. Write legibly."
In the abovestated instructions, particularly the essay-type questions, it
is clear that every number should be distinguishable by the separation of
pages, but it is allowed that sub-questions be answered continuously (or on a
separate page) until completed.
Given these, instructions, the examinee can now make a general form of
answering. For purposes of aesthetics, this author suggests that:

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.
2. The number of the question should be placed in the center of the
page inclusive of the suggested margin (L-1.5, R-1) on the third line from the
top.
3. Letters (or numbers) for the questions or sub-questions should be
followed. If the examination contains numbering from 1-10 (I to X) with
subquestions a-z (1-26), such numbering and sequencing of the answers
should be followed. Use only one format of numbering. If sub-question
numbering is put in the middle of the page, maintain such for the entirety of
the examination. The length of the examination would give the barrister an
idea as to how subquestions should be formed (either at the center or the
side). The examiner would readily see the cohesiveness of the form of the
answer.
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.
6. In all cases, WRITE your answers LEGIBLY.
ANSWERING THE QUESTION
There are many suggestions as to how to answer essay questions.
Although all would agree that answering the questions should be brief and
concise. To be brief and concise means that the answer should be short

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.
Here are some suggestions as to how to answer these types of
questions:
1. Yes or No questions or other situational questions. These questions
should be answered by a Yes or a No first or the situation as presented,
repeating the last phrase is optional unless given for purposes of clarity. The
answer would serve as a "hypothesis" to be proven later by law. The source of
the answer, either law or jurisprudence, should follow alongside an
application of such principle of law or jurisprudence to the facts stated. The
last sentence should be an affirmation or conclusion of the abovestated
answers. The answers would be easier read if separated in paragraphs.
2. Discuss - involves close examination of a subject with interchange of
opinions. The gist of the answer should be the interplay of the principle asked
and interpretations of authority. The answer to these types of questions
should not merely be giving the definition of the principle but also include
details as to how such principle is or should be applied as interpreted by legal
authority.
3. Explain - to define or expound a particular principle or subject matter.
The answer may include enumerations or the general rule as well as the
exceptions. The reader must be able to comprehend or at least be
comprehensible by giving relevant structure, operation or to make "a picture"
of the principle or subject matter asked.

4. Distinguish - to recognize or show the differences between to
concepts or to identify a concept as separate or unique from another. This
type of question may be answered by defining the concept first and layout the
most unique point of difference. Other differences may be added by
enumeration, in words, first, second, third, etc. or numbers as the case may
be.
5. Compare and Contrast - similar to distinguish, but this time both
similarities and differences are asked. It is suggested to enumerate the
similarities first, then the differences as defined by law or jurisprudence.
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.
SOURCE OF THE ANSWER/LEGAL BASES
The source of your given answer must be a particular principle of law or
a provision of a statute, ordinance, rule or decisions of the court or tribunal
who rendered decisions on the matter at hand. By giving the source of your
legal basis, the examiner would readily see the logic of your answer (whether
he agrees or not). Without the source, it can confuse the examiner as to what
is referred, is it a law or principle or merely an opinion of the barrister.
Including the source lays the foundation of your application to come, without
which, the answer may be viewed as "baseless" or laying the effect without
showing the cause.
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,

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.
If the basis to the answer is a jurisprudence, it is enough to cite that the
principle came from an interpretation of the Supreme Court. For example, "The
Supreme Court has held that...", or "It has been ruled by the High Court
that...", among other variants to show reference to the decisions of the
Supreme Court.
APPLICATION OF THE BASES TO THE FACTS
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.
Adding this to the answer, would crystallize the otherwise general
statement of law or principle, as to create a visual presentation of the answer.
The source of the answer (the Law) is the passive picture, while the
application brings about a "breath of life", the active medium to enlight the
reader.
Application may also mean the addition of examples, in questions of
compare and contrast, or discussions.
RECAPITULATE, AFFIRM, PROFFER THE ANSWER
To finalize the answer, there are three modes to perfect a conclusion:
1. Recapitulate - to repeat the topics of the discussion in order to
summarize and solidify the cluster of ideas written. This would present the
answer as one cohesive unit. Usually best for enumerations and discussions.

2. Affirm- to reinstate the hypotheses stated and proved. Usually applies
to "Yes or No" questions. This could be presented using "Therefore", "Hence" or
other derivatives that would suggest a conclusive appreciation.
3. Proffer - to offer for the acceptance of the statements before given.
Usually used in questions requiring explanation or expounding definitions or "If
you were" (emphatic) questions. The proffer may be written as a repetition of
the first statement like "Again" or "As Stated"
Concluding the answer should give a lasting impression to the examiner
that the answer and the whole approach to the answer is "one complete idea"
illumined by the law or as decided by the High Court.
To recapitulate, "Answer, Source, Apply, Wrap-up" (A.S.A.RAP.) can be
used to answer essay-type situational questions in a logical, brief and concise
manner. This requires that the barrister has a good foundation of law and
jurisprudence. The barrister is advised to take R.E.M.V.S. into consideration
and practice it and use it in answering the Bar Examinations.
Although the Author does not guarantee passing of the Bar
Examinations using this method, and merely suggests a possible style of
answering as developed, your earnest efforts will yield for you the much
deserved results through faith and in the end Write your Way to Destiny...
Paniero.
Note: The definitions used in this section came from
www.thefreedictionary.com

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.
It will be discussed as to how both tasks may be accomplished given the
recommendations to follow. Here is the actual Final Examination given by the author
to its students on the same subject.
Trial Memorandum (Finals)
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.
The Complainant’s Statement
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.
The Statements of the Accused
Both Accused admit being regular customers of the complainant. Atty. Apsa

(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 CCTV Coverage Report
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.

Laws and Jurisprudence
R.A. 8353
Rape
Article 266-A. Rape: When And How Committed. - Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
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.
2) By any person who, under
any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person's mouth or anal orifice, or
any instrument or object, into the genital or anal orifice of another person.
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.
When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, homicide is committed, the
penalty shall be death.
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;
4) When the victim is a religious engaged in legitimate religious vocation or calling
and is personally known to be such by the offender before or at the time of the
commission of the crime;
5) When the victim is a child below seven (7) years old;
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.

Rape under paragraph 2 of the next preceding article shall be punished by
prision mayor.
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.
When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
When by reason or on the occasion ofthe rape, homicide is committed, the
penalty shall be reclusion perpetua.
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.
In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the criminal action or
the penalty: Provided, That the crime shall not be extinguished or the penalty shall
not be abated if the marriage is void ab initio.
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."
Right to Bail (Art. III, 1987 Constitution)
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

corpus is suspended. Excessive bail shall not be required.
R.A. 9995 - Anti-Photo and Video Voyeurism Act of 200
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
the latter's consent, under circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the photo or video coverage or
recordings of such sexual act or similar activity through VCD/DVD, internet, cellular
phones and similar means or device without the written consent of the person/s
involved, notwithstanding that consent to record or take photo or video coverage of
same was given by such person's.
Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof,
obtained or secured by any person in violation of the preceding sections shall not be
admissible in evidence in any judicial, quasi-judicial, legislative or administrative
hearing or investigation.
ANSWERING THE PROBLEM
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

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.
4. STATEMENT OF RELEVANT ISSUES THAT THE PARTIES PRESENT FOR
RESOLUTION - (1)List down all the issues involved and (2) identify the controlling
issue or issues that, when resolved, will end the legal dispute.
5. AN ORDERLY PRESENTATION OF THE ARGUMENTS THAT SUPPORT YOUR
CLIENT’S POSITION - (1) Rough out your argument on a paper, using the balance
sheet format to be guided by your proposition or where you stand on the issue. (2)
Draft out arguments against you as well as those arguments in your favor. (3) Write
your closing statement appealing to the good senses of the reader. It is suggested to
write up your memorandum introducing the issue/issues, arguments and closing
statement. Edit your work to rid out of needless words.
(Abad, Roberto. The Fundamentals of Legal Writing. 2009)
Below is the structure of a memorandum, opinion, brief, petition, comment, position
paper, decision, or similar legal writing:
1. Statement of the Case
2. Statement of the Facts
3. Plaintiff's version of the Facts vs. Defendant's version of the Facts
4. Issue or Issues
5. Body of Arguments
6.Relief

The Preparation Process
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.
The next question would be,What applicable provisions can be appreciated to
work for the cause of the defendant and disprove the claims of the complainant?
Finally, it would be best to create a step by step thought process written in a
scratch paper to guide the writer as to the actual flow of the memorandum.
Based on the above discussion, a suggested answer to the final examination
could be:

Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Manila, Branch 123
Republic of the Philippines,
Complainant,
-versus- CC No. CV 0222
Atty. Romeo Apsa, and
Atty. Bonifacio Nuro, FOR: Rape: Violation
of R.A. 8353
Defendants.
x--------------------------------x
DEFENDANT’S MEMORANDUM
Defendants, assisted by counsel, respectfully submits its memorandum in the
case:
The Case
The Private Complainant Filomena Atungan, represented by the State, filed
this action for prosecution of an alleged violation of Republic Act 8353 (R.A. 8353),
otherwise known as "The Anti-Rape Law of 1997." The Defendants filed for a
petition for bail with leave of court under its right granted by the 1987 Constitution
as this party would prove the weakness of the evidence of the prosecution thereby
granting bail.
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

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.
2. Whether there is a ground for the outright dismissal of the case.
The Arguments
I
The Evidences Support the Defendant
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.
In view of the evidences presented above, all conclusion would be drawn to
the fact that what transpired was a consensual undertaking of the flesh instigated
by the complainant herself. In the commission of rape, the most important element
is that the carnal knowledge must have been made against the will of the woman. In
this case, as the complainant states, that she was deprived of reason, is unavailing.
It was by her own hands that she had offered her trade to the hapless gentlemen
drawn to the obliquity of reason by the influence of alcohol shared by the parties. It
is there when the basal nature of these men was triggered by a woman whose trade
of the flesh is known by both defendants in a regular basis.
Overwhelmingly, it can be stated that all evidence points to the weakness of
the complaint as it can be deduced that the essential element is obviously wanting.
The right to bail cannot be denied to any person, even if the crime is punishable by

death, if the evidence is weak, as is evident in this case.
II
The Incomplete Grounds of Rape Merit Dismissal
Under Republic Act 8353, rape is committed, as charged by the private
complainant, by a man who shall have carnal knowledge of a woman who is
deprived of her reason. The attendant elements to create a valid charge of rape are:
(1) act was committed by a man against a woman; (2) act was committed as against
the will of the woman due to the use of a substance that would deprive her of
reason; (3) sexual act was consummated.
The facts as presented by the complainant, and given the evidences as
previously explained, it can readily be established that an element is lacking.
The relevant facts are:
1. It is admitted by the complainant that she is a sex-worker in a KTV Bar, who
gives such illicit service to customers;
2. It is established that the defendants were regular customers of the
complainant;
3. Both defendants have previously availed of her services;
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.
It is a basic tenet of criminal justice that if an element is found missing, then
the charge would be found wanting, as in the case at bar. It merits, therefore, an
evaluation for its outright dismissal.
WHEREFORE, defendants Atty. R. Apsa and Atty. B. Nuro respectfully prays
that the Court render judgment:
1. Granting the defendants the right to post bail;
2. Review the merits and order the dismissal of the case.

[Explanation: A copy of this memorandum has been served on the adverse
party by registered mail in view of the distance and the absence of a messenger
who could make a personal service.]
Cavite for Metro Manila.
REMUS ROMANO A. REYES
Counsel for the Defendants
Bgy Miguel Mojica,
Mendez Cavite
Atty. Roll No. 58073
IBP No. 908656 02-01-13
PTR No. 3298788 01-18-13
MCLE Compliance IV-0006665
Email: attyremus@gmail.com

Kindly Answer
the 2011 Bar Examinations
as part of your practice.

2011 Bar Examinations on Trial Memorandum
PART 1 – TRIAL MEMORANDUM:
Jonna Bueno filed an action for damages of P500,000.00 against Gloria
Supermart, Inc. before the Regional Trial Court of Quezon City for the injuries
that her son, Ricky, suffered at its supermarket, for the expense, and for the
emotional pain that it brought to him and his mother.
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
client’s favor.
-----------------------------------------------------------------------------------------------
--------------------------------
Excerpts from Transcript of Stenographic Notes
Bueno vs. Gloria Supermart, Inc., Civil Case No. 27-112011, Hearing of June 7,
2011.
DIRECT EXAMINATION OF PLAINTIFF’S WITNESS
COURT STAFF: (After swearing in the witness) State your name and personal
circumstances.
WITNESS: I am Jonna Bueno, 35 years old, married, and a resident of 89 Little
Baguio St., San Juan City, Metro Manila. I am an accountant.
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.

COURT: What do you say counsel?
ATTY. EMIL SUNGA: Subject to cross, Your Honor.
COURT: Proceed, Atty. Beltran.
ATTY. BELTRAN:
Q. Ms. Bueno, do you know the defendant Gloria Supermart
A. Yes, sir.
Q. Why do you know it?
A. I have been buying our groceries and other things from Gloria Supermart for
the past 20 years.
Q. Where is Gloria Supermart located?
A. On Ortigas Avenue, San Juan, Metro Manila, just two blocks from our
condominium.
Q. Do you remember where you were at about 10 a.m. on May 11, 2010?
A. Yes, Sir.
Q. Where were you?
A. I was at Gloria Supermart.
Q. What were you doing there?
A. I was about to cook spaghetti for my son Ricky when I realized I didn’t have
any tomato sauce so I went to Gloria Supermart to buy tomato sauce and some
other things we needed in the house.
Q. Did you have any companion?
A. Yes, my boy Ricky.
Q. How old was Ricky at that time?
A. His birthday is May 2, 2005. He was 5 years old already.
Q. How did you do your shopping for groceries with Ricky on tag?
A. I had a cart. He would sometimes ride on it or walk along the aisles with me.
At times, I will ask him to
pick safe things from the shelves and put them in the cart. He also grabs goodies
that he likes.
Q. Do you remember anything unusual that happened while you and Ricky were

Document Title
picking up groceries at the shelves?
A. Yes, a small ball rolled along the aisle and Ricky ran after it.
Q. Was he able to catch the ball?
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.

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
don’t 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 doctor’s 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.

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 Ricky’s
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.
ATTY. SUNGA: That is all, Your Honor.
Excerpts from Transcript of
Stenographic Notes
Bueno vs. Gloria Supermart, Inc., Civil Case No. 27-112011, Hearing of June 14,
2011
DIRECT EXAMINATION OF DEFENDANT’S WITNESS
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

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.
COURT: Proceed Atty. Sunga.
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 Ricky’s 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?

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.
ATTY. SUNGA: That is all, Your Honor.
CROSS-EXAMINATION BY ATTY. BELTRAN
ATTY. BELTRAN:
Q. Mr. Castro, You said that you did not actually see the accident when it
happened, is that right?
A. Yes, Sir.
Q. In fact, you were in another aisle at that time?
A. Yes, Sir.
Q. So when you said that Ricky bumped into the shelf containing syrup bottles
and knocked off some of them, you were merely speculating on what could have
happened, right?
A. Yes, Sir, but the scene suggested it.
Q. Since you did not see what actually happened at that aisle, is it possible for
some other person to have knocked off those bottles?
A. Yes, Sir, that is possible but not likely since I did not see any person leave the
place in haste.
Q. So, it is also possible that the syrup on the floor, spilled by someone else,
caused Ricky to slip as he was running after some ball before you showed up?
A. Yes, that is possible, but unlikely. The shelves are carefully stocked.

Q. Do accidents resulting in injury happen in your supermarkets?
A. Yes but not so often; about one accident a year, if I remember right. These
things are unavoidable because hundreds of people come to the supermarket
everyday.
Q. How about shoplifting, does this happen often?
A. Every now and then, Sir. It’s normal for supermarkets.
Q. So naturally you must have some procedure for dealing with events like
accidents or shoplifting?
A. Yes, Sir.
Q. To protect your rights and interests, is that correct
A. Yes, Sir.
Q. Since Ricky had this serious accident that you claim was not your fault as the
scene suggested, did your supermarket bother to take pictures of the puddle on
the floor and the bottles of syrup that you said Ricky had knocked off?
A. No, Sir.
ATTY. BELTRAN: That is all for the witness.
LAWS AND JURISPRUDENCE
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. 20. Parental authority and responsibility may not be renounced or
transferred except in the cases authorized by law.
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

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
Art. 694. A nuisance is any act, omission, establishment, business, condition of
property, or anything else which:
(1) Injures or endangers the health or safety of others; or
xxx xxx xxx
Art. 697. The abatement of a nuisance does not preclude the right of any person
injured to recover damages for its past existence.
Attractive Nuisance
One who maintains on his premises dangerous instrumentalities or appliances
of a character likely to attract children in play, and who fails to exercise ordinary
care to prevent children from playing therewith or resorting thereto, is liable to a
child of tender years who is injured thereby, even if the child is technically a
trespasser in the premises. (Hidalgo Enterprises, Inc., v. Balandan, et al., L-
3422, June 13, 1952, 91 Phil. 488)

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.

Contributory negligence is conduct on the part of the injured party,
contributing as a legal cause to the harm he has suffered, which falls below the
standard which he is required to conform for his own protection.
xxx xxx xxx
It is an act or omission amounting to want of ordinary care on the part of the
person injured which, concurring with the defendant’s negligence, is the
proximate cause of the injury. (National Power Corporation v. Heirs of Noble
Casionan, G.R. No. 165969, November 27, 2008, 572 SCRA 71)
Proximate cause is defined as that cause, which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces the injury, and
without which the result would not have occurred. (Ramos v. C.O.L. Realty
Corporation, G.R. No. 184905, August 28, 2009, 597 SCRA 526)
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
Art. 2197. Damages may be:
(1) Actual or compensatory;
(2)Moral;
(3)Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
Art. 2199. Except as provided by law or by stipulation, one is entitled to an
adequate compensation only for such pecuniary loss suffered by him as he has

duly proved. Such compensation is referred to as actual or compensatory
damages.
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)
In Phoenix Construction, Inc., v. Intermediate Appellate Court, where we
held that the legal and proximate cause of the accident and of Dionisio's injuries
was the wrongful and negligent manner in which the dump truck was parked but
found Dionisio guilty of contributory negligence on the night of the accident, we
allocated most of the damages on a 20-80 ratio. In said case, we required
Dionisio to bear 20% of the damages awarded by the appellate court, except as
to the award of exemplary damages, attorney’s fees and costs. (Estacion v.
Bernardo, G.R. No. 144723, February 27, 2006, 483 SCRA 222)
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
(2) Quasi-delicts causing physical injuries;
xxx xxx xxx
RULES OF COURT
EVIDENCE
Sec. 36.Testimony generally confined to personal knowledge; hearsay excluded.

— 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:
x x x
(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)

Legal
Opinion

Legal Opinion
Final Exam 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.
Again the recommended manner of answering the question would be based
on the recommendations of Associate Justice Abad in his book. The excerpts are as
follows:
In writing a legal opinion, the points to be remembered are:
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)
SUGGESTED PARTS OF A LEGAL OPINION:
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)

2. USE AS BACKGROUND THE FACTS THAT ADEQUATELY INTRODUCE THE ISSUES IN
THE GIVEN CASE
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.
Standard of sufficiency in introducing an issue or issues of the case requires
the following:
a. The Statement of the Case
Purpose: To provide a clear and concise statement of the nature of the action an de-
scribes the nature of the action and the proceedings it had gone through.
b. The Statement of Facts
Purpose: To provide a background of the transaction or event involved to enable the
court or reader to see the issues in the proper context and narrates the transaction
or event that created the legal dispute and led to the filing of the suit.
3. STATE THE POSITION YOU TAKE ON THOSE ISSUES
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.
How to create an argument?
The legal argument is the right rule and the right fact put together. A legal argument
is made up of three statements:
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).
Knowing the essential statements of your legal argument is important be-
cause the effectiveness of your argument depends on how ably you write up each
statement of your argument into a convincing part. Knowing the essentials enables
you to dismantle your argument, reinforce or improve the weak parts, emphasize the

Writing your Destiny through R.E.M.V.S.

Writing your Destiny through R.E.M.V.S.

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