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ON PRACTICAL EXERCISES
By: Atty. Edwin M. Carillo1
Based on the official syllabus, this years Bar Examinations shall have a portion on
Practical Exercises as part of the exams on LEGAL ETHICS. While this has always been a
part of previous Bar Examinations, this portion was removed in the 2012 Bar examinations
after it gained prominence in the 2011 Bar Examinations when the Bar Chairman opted to
insert a skills examination on a predominantly MCQ-type exam that year, asking the
candidates to draft both a legal opinion and a trial memorandum.
This years Bar Exam syllabus on Legal Ethics lists the following for Practical
Exercises:
Although admittedly this could determine the success of a candidate, its importance,
unfortunately, is often brushed aside mainly because of the examinees fatigue or his
eagerness perhaps to go home and join the merriment happening outside the exam site.
Since about an hour shall be devoted in the preparation of three to four documents listed
above, one must be reminded to:
a. WATCH THE TIME. Time is of the essence. Consequently, only the minimum
requirements of the law must be reflected in drafting the required form;
d. PUT A DATE in all the legal documents that you will draft as required.
The many items listed in the syllabus for Practical Exercises could give rise to
various problems. Given the degree of difficulty, the issues about the quitclaim and change
of name petitions deserve preferential attention. Consider then the following sample
problems:
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Atty. Carillo served as member of the College of Examiners in the 2011 Bar Examinations that
handled Legal Ethics and the Skills Examinations for Trial Memorandum. He is a professor of law
and bar reviewer teaching courses like, Political and Constitutional Law, Land Registration Law,
Administrative Law, Legal and Judicial Ethics, Trial Technique, and Legal Forms and Writing for
over two decades now. He currently serves the government as an Assistant Government Corporate
Counsel of the Office of the Government Corporate Counsel, an agency attached to the Department
of Justice.
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18.
Republic of the Philippines)
Calamba City, Laguna) S.S.
3. Finally, I declare that I have read this document and I willingly and
voluntarily give this quitclaim fully knowing my rights under the law.
Doc. 6;
Page 4;
Book I;
Series of 2017.
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While ordinarily Petitions follow the usual Judicial Forms, the syllabus particularly
stated a Change of Name Affidavits. In this regard, Republic Act 9048 should be read, as it
is relevant. Indeed, Section 5 of the law requires that the petition shall be in the form of an
affidavit. The law authorizes only a change in the first name on the following grounds: (1)
(t)he petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce; (2) (t)he new first name or nickname has been
habitually and continuously used by the petitioner and he has been publicly known by that
by that first name or nickname in the community; or (3) (t)he change will avoid confusion.
5. Spouses Benjamin and Leonor Relova approached you seeking help for
their son, Batman Bruce. They disclosed that they wanted to have their sons
name changed by dropping the first of his two first names, as this current name
has caused him to be the butt of jokes from both friends and relatives. They want
that this issue be addressed soonest hopefully before their son finishes law in San
Sebastian College. Draft the needed document to carry out what they want
without any notarial act.
The Answer:
5.
AFFIDAVIT
(To Petition a Change of Name)
1. I was born on 13 May 1999 from the union of Benjamin P. Relova and
Leonor C. Rosales and was given the first name BATMAN BRUCE as shown by
my birth certificate, here enclosed, recorded on such date in the Manila Local Civil
Registrars Office (LCRO) under registry number 1234567.
a. A certified true copy of the registry book page containing the entry
sought to be changed;
b. My elementary and high school transcripts of record where the name
BATMAN BRUCE R. RELOVA appears and upon which the change
shall be based;
c. The affidavits of Mrs. Maria R. Buenaventura and Mr. Pedro C. Vitug,
my elementary school and high school classmates, both stating
separately that I have been known in school as BATMAN BRUCE R.
RELOVA, and upon which the change shall be based;
d. A certification of posting;
e. A certification from Barangay Santo Domingo, Cainta, stating that I am
known in the community as BRUCE R. RELOVA;
f. Separate certifications from the Philippine National Police and the
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(Jurat is Omitted)
A Deed indicates the unilateral act of a person in disposing his property or right in
favor of another after his receipt of a consideration. The transaction is terminated by the
conveyance of the thing or right. A typical deed has the following parts: Title,
Announcement, First Party, Consideration, Act or Conveyance, Second Party, Signature
and Acknowledgment. (Code:TAF-CAS-SA) Observe these parts in the deed below.
(S) to RICARDO LIM, of legal age, married, and residing at 2 Bangkal St.,
Manila.
(A) (ACKNOWLEDGMENT)
If we change the subject matter to a real property, the act or conveyance part above
would read like this:
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hereby sell a 150 square meter parcel of land located in Tondo, Manila, covered
by Transfer Certificate of Title 42349-B, particularly described as follows: (insert
technical description)
In drafting an agreement using a contract form, you must remember that it should
contain the essential requirements of object, consideration, and consent. The peculiarities of
a specific contract should also be taken into consideration. Using a contract form means that
you must show the parties respective undertakings. A contract usually has the following
parts: Title, Announcement, Actors, Recitals, Agreement, Conditions, Signatories and
Acknowledgment. (Code: TAA-RAC-SA) Observe these parts in the contract of lease below,
a possible contract that the examiner may ask:
(A) (Acknowledgment)
Note well that deeds and contracts forms both speak of agreements and, therefore,
covered by the civil law concept of contracts. They vary in templates or forms used as
shown above. Deed forms are unilateral and, therefore, a first persons point of view is
utilized. Contract forms demonstrate bilateral or multilateral acts or undertakings. As such,
the third persons viewpoint is recommended to draft this. Notice too that the lease contract
your saw above can be drafted using the deed form. Thus, if the examiner does not qualify, I
suggest that you use the deed form, as it is simpler and, therefore, quicker to draft, saving
you so much precious time.
The notary public speaks in this part of the deed or contract. Take a look at the
sample below.
ACKNOWLEDGMENT
They are known to me to be the same persons who executed the foregoing
contract and they acknowledged that their signatures prove their voluntary acts
for the purposes stated in the document.
*Based on Section 1, Rule II of the 2004 Notarial Rules, only individuals can be
parties in the acknowledgment process. Corporations cannot take part in the process even if
they are the real party to the contract or deed. If a corporation is a party to the contract, its
representative must act for it and must so indicate in the acknowledgment that he acts in
such representative capacity. Unless required, It is advisable to simply refer in the drafted
deed or contract the specific authority of the corporations representative.
*The absence of an acknowledgment will not render the contract or deed void except
when the law requires that a contract be in some form in order that it may be valid or
enforceable like acts and contracts which have for their object the creation, transmission,
modification or extinguishment of real rights over immovable property; sales of real property
or of an interest in it which under the law must appear in a public instrument. An
acknowledgment, therefore, in these special cases is a must.
Completing a required document for practical exercises will not be enough if your
aim is to submit an excellent work. Excellent writing needs editing, just as excellent furniture
needs finishing touches. Here are some editing tips that you can apply before turning over
your booklets to the proctor:
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1. Aside from avoiding needless words to save on time, use the active voice instead
of the passive voice. Passive voice is indirect, limp, and weak. On the other hand, the active
voice is direct, vigorous, and strong. Sense the difference.
2. Use the right connectives. You need the help of connectives or transitory devices
to link your ideas one after the other and present a unified thought. You cannot assume that
your reader can read unspoken tie-ups between ideas. Consider the following useful
connectives:
Connective Function
And Connects two ideas of the same
kind
Besides, what is more, furthermore, in Adds another thought to the first
addition, and again
First, next, then, finally; meanwhile Arranges ideas in order
Nearby, above, below Arranges ideas in space
But, still, however, on the other hand, Connects two contrasting ideas
nevertheless, rather
In fact, as a matter of fact, Connects the first idea with the
second one that points it up; the
second one affirms of validates the
first idea
Therefore, consequently, accordingly Connects an idea with another that
follows from it.
In short, to sum up, in brief Summarize several ideas
3. Avoid legalese and old English. Legal clichs have become hackneyed and
weak. To non-lawyers, they may even sound pretentious, unnatural or artificial, if not
arrogant. Phrases and words like to wit, instant case, aforesaid complaint, herein method,
thereat and theretofore deserve to be abandoned in favor of simpler words. The use of
standard English is preferred.
4. Be simple. Some have the mistaken belief that they will sound more dignified and
lawyerly if they use polysyllabic words like accompanied or informed instead of went
with or told, respectively. Your written work will have the same tone of formality and
dignity as long as it is serious and thoughtful. As a rule, a simple familiar word that means
exactly the same thing is the better choice. Simplicity is power!
5. Check your grammar. In presenting answers, ensure that the subject agrees with
the verb. Use proper tenses and punctuations, too.
oOo