LEGAL OPINION WRITINGProf. Jose Y. Dalisay III

GENERAL INSTRUCTIONS:1. For each question you select, use not less than two (2) but not more than three (3)

pages of yellow pad, using only one side of each page.2. The name and address of your law firm is as follows: Areglo & Asunto Law Office, 1234

Emerald Road, Ortigas Center, Pasig City. Your name is Atty. M. Areglado.3. The address of your client is 5678 Sandalwood Lane, Tagaytay City. 4. You may open law books for reference..

REMEMBER: You will be graded primarily for the persuasiveness, rather than the correctness, of your legal opinion. Persuasiveness is a matter of reasoning and presentation. CHOOSE ANY ONE OF THE FOLLOWING FOUR CASES:

RAMONRamon Santos seeks the legal opinion of your law firm regarding a problem. Before she

died of illness, his sister, Anna Santos-Madrigal, made him promise that he will not let her husband, Greg Madrigal, acquire custody over their only child, Paulo, eight years of age. Greg had been unfaithful to Anna, and would have been jobless had Anna not persuaded Ramon to get Greg employed as a seaman aboard one of the ships to which Ramon’s crewing agency supplies crew members.

Ramon has heard that under the law, custody over Paulo would automatically go to Greg, as the surviving parent. Although Greg was rumored to have carried on an illicit affair with Linda Ruiz before he was deployed on his ship, he had not been totally irresponsible as a father, and his vices (smoking and drinking) were not excessive. Greg had been a neglectful and uncaring husband, but was not so as a father. Greg wants to retain custody over Paulo, although Paulo does not want to live with him anymore. Ramon Santos wants your law firm to tell him if and how he can lawfully wrest custody over Paulo from Greg. Your law firm assigned you to draft the legal opinion.

VERNAThe spouses Verna and Albert Castro have been happily married for thirty years. Their

union has produced five children. Both being professionals who are responsible as parents, their hard work enabled the family to prosper. On the thirtieth year of their marriage, Albert confessed to Verna that he had a child by another woman, Cindy Velez, before he married Verna. He explained that at the time he and Cindy ended their relationship, he was not aware that she was pregnant with his child; Cindy kept her pregnancy secret from him, and it was only recently that Cindy, who by then was terminally ill with cancer, managed to contact him and reveal her secret. Albert’s child by Cindy, Bernard Velez, was already a 32-year-old bachelor who was a law sophomore at the University of the East. Throughout his life, Bernard had never known his true father, Albert, until one day when Cindy arranged for them to visit her in the hospital at the same time, and introduced them to each other. Bernard and Albert readily accepted each other; their very close physical resemblance left no doubt that they were indeed father and son. Cindy’s dying wish was for Albert to formally adopt Bernard, to legitimize his status and to entitle him to be among Albert’s heirs.

Albert spoke to Verna about Cindy’s dying wish, and asked for Verna’s consent to the adoption of Bernard. Verna Castro asks your law firm for advice. Verna is amenable to the adoption provided that Bernard will live separately from them, and that Bernard will not inherit from her, only from Albert. Assuming that all the common children of Verna and Albert will give their written consent to the adoption, what legal opinion would you give Verna?

MICHELLE

Michelle Rosal is a jewelry dealer. One of her regular customers, Annie Laperal, ordered a necklace with pendant from her; the set is worth P140,000, and the agreed selling price was P150,000. As in their previous transactions, Annie signed a promissory note upon delivery of the jewelry set to her. In the promissory note, she promised to pay to Michelle the total of P150,000 in three equal installments: P50,000 each on October 15, 2011, October 31, 2011, and November 15, 2011. When the payment dates fell due, Annie was unable to pay, and asked to be given until January 15, 2012 to pay the full amount. Michelle granted this request because of Annie’s previous good record. A new promissory note for the P150,000, payable to Michelle on January 15, 2012, was signed by Annie on November 20, 2011. But when January 15, 2012 came, Annie failed to pay, and no longer gave Michelle any other period within which she could settle her obligation.

Eventually, Michelle was forced to warn Annie that resort to legal action would be made. Michelle also demanded a meeting, but when she went to Annie’s apartment, she discovered that Annie no longer lived there, having moved out on November 1, 2011. Annie stopped responding to Michelle’s text messages and phone calls. Michelle went to your law office for advice. Can she sue Annie criminally? What is the crime?

CYNTHIAAfter dropping out of law school in Manila in 1986, Alex Sanchez moved to Los Angeles,

California and became a businessman. From that distant base, using contacts in Manila, he operates a gang of thieves, robbers and drug pushers, all of them below the age of 15 years, in Metro Manila. When members of the gang get caught, lawyers materialize “pro bono” to get them promptly released as minor offenders below the age of criminal responsibility. Alex himself never touches any of the items appropriated by the gang thru theft or robbery; those items go directly to another “businessman”, who pays for them by depositing certain sums in a Citibank dollar account under the name of a third person but under the control of Alex. Nor does Alex supply prohibited drugs for the gang to sell; the drugs are supplied directly to the gang by another syndicate, with Alex acting as guarantor of payments. The earnings of the gang are split 50-50 with Alex. This scheme enabled Alex to become a rich man very quickly.

Cynthia Sta. Maria, an investigative journalist, went to your law office for advice. Her son, Carlos, was stabbed dead during a robbery by Tomas, a 14-year-old member of Alex’s gang. Cynthia wanted justice for Carlos. She was enraged that Tomas was released to the custody of the DSWD; she knew that Tomas would soon be free to rob and kill anew. Through patient research, she was able to establish and document a trail that led to Alex. Cynthia wants the legal opinion of your law firm. What crime or crimes can Alex be charged with in the Philippines? How can a Philippine court acquire jurisdiction over Alex? If Alex himself did not physically commit the thefts, robberies and drug trafficking, what would be his criminal liability?

Good Luck!