legal counseling midterm 2014
DESCRIPTION
LEGAL COUNSELINGTRANSCRIPT
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Legal Counseling and Social Responsibility Midterm Examination
1st Semester, A.Y. 2014-2015
Instructions: Below is a hypothetical problem. Prepare a written legal advice using the applicable laws and jurisprudence. Your written legal advice should be in printed form in an 8 x 13 in. bond paper. Submit it on or before August 26, 2014.
Problem: Ms. Lucida Constantia, single, 36 years old and a resident of 574 Rizal Street, Legazpi
City went to your law office asking for legal advice. She seeks the return of the money that she spent in purchasing a parcel of land. In your meeting with her, you had the following conversation:
Q: What do you want to get my advice for? A: Attorney, I want to recover the money that I spent buying a parcel of land.
Q: Was this purchase made verbally or did you make any written agreement? A: Yes. There is a Deed of Absolute Sale which we signed and it was notarized. Q: Why do you want to recover your money? A: I found out that the land I acquired was from the Comprehensive Agrarian Reform
Program (CARP). I dont want anything to do with CARP awarded lands because I know it will just cause too many problems for me.
Q: So you mean you wouldnt have bought the land if you knew that it was awarded
through the CARP? A: Yes. Q: Werent you informed of this fact by the person who sold you the land? A: No Attorney. He didnt inform me. Q: When did you execute this Deed of Absolute Sale? A: We executed it last October 15, 2005. Q: When did you find out that the land was awarded through CARP? A: I found out last December 2005. Q: How did you find out? A: My friend who works at the Department of Agrarian Reform told me. He said that
according to their records, it was awarded back in September 5, 2004. Q: It has been several years since the sale, why did you only take action on this now? A: Because I wasnt sure at first if I really wanted to get my money back.
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