UNIVERSITY OF SANTO TOMAS - LEGAZPI

Final Examination – Legal Forms

May 25, 2020

INSTRUCTIONS

1. This questionnaire contains three (3) pages including this page. Check
the number of pages and their proper sequencing.

Read each question very carefully and write your answers in a Word
processing program (Subject is Finals-Legal Forms and File name
will be your name) that will serve as your Examination Notebook in
the same order as the questions. Note well the allocated percentage points
for each question or sub-question. In your answers, use the numbering
system in the questionnaire.

2. Answer the questions legibly, clearly, and concisely.

3. Your answer in a Word processing program must be converted into

Portable Document Format (PDF) File, compatible with any searchable
version of PDF file reader. Then submit your answer to; for Section 3A
to Ms. Cyrille Reario while for Section 3B to Ms. Shaira Mae Cuevillas,
not later than 3:00 o’clock in the afternoon of May 27, 2020. Then Ms.
Reario and Ms. Cuevillas will collate all your answers and submit it to the
undersigned professor in a folder with corresponding file name of the
corresponding Section not later than 3:30 o’clock in the afternoon of the
same day. ANY ANSWER NOT INCLUDED IN THE SAID SUBMISSION
BY THE GROUP WILL NO LONGER BE ACCEPTED.

Atty. LEO MIGUEL A. RAMOS

Professor

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 I. What are the parts of a pleading? Give brief description of each
part. (10 pts)

II. On February 14, 2019, Celestina borrowed Php 500,000 from

Maria. It was agreed that the amount would be paid in full one
(1) year after, with interest at the rate of 10% per annum,
without necessity of a demand. For this purpose, Celestina
executed a promissory note, secured by a postdated check in
the amount of Php 550,000 drawn from her current account,
which check was dated February 14, 2020.

When the debt became due, Maria deposited the check but it
was dishonored for insufficient funds. Maria who is due to leave
for South Korea issued a Special Power of Attorney to his
brother Scottie to represent her in court and to sign pleadings in
connection thereto. Scottie then sued Celestina for Estafa
through falsification of a commercial document. After finding
probable cause, the prosecutor filed a criminal case in court,
where Celestina agreed to execute a Judicial Affidavit in lieu of
her direct testimony. In her affidavit, she raised the defense that
she could not be guilty of Estafa because: (1) the check was
issued only as a form of security; (2) even if issued as payment,
it was for a pre-existing debt; and (3) it was only upon Maria’s
insistence that she issued the check.

Prepare the following documents in legally acceptable and

enforceable forms, based on the above facts:

(a) The Special Power of Attorney (10 pts.);

(b) The Information (20 pts.) and
(c) The Judicial Affidavit (20 pts.).

III. Ambo, who lives at #19 Brgy. Salvacion, Tabaco City is a 22-
year old graduate of A.B. Political Science. He wants to pursue
a Law Degree in a reputable Law School hence, on February
14, 2020 he went to UST- Legazpi, Penaranda to inquire the
schedule of the entrance examination. Upon entering its
compound he surrendered his UMID ID to the security guard.
After getting the schedule of the examination from the Dean’s
Office, Ambo went to the gate to retrieve his UMID ID.

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 However, he was not able to get the ID because the guard was
not around. He returned the next day only to be told that the
security guard misplaced his UMID ID and he could no longer
remember where he placed the ID.

Ambo immediately requests your assistance in the preparation

of the necessary affidavit to be submitted to the GSIS. As his
third year law student neighbor, prepare the necessary
document in legally acceptable and enforceable form (spell out
all the parts) based on the above facts. (10 pts.)

IV. Ms. Donya Amihan owns a house and lot at No. 10 Lireo St.,
Encantadia Subdivision, Makati City, Which she leased to Maria
Alena for a term of two years starting May 1, 2019, at a monthly
rental of Php 50,000. Maria Alena defaulted in the payments of
her rentals for six (6) months, from September 1, 2019 to
February 01, 2020.

a. As a lawyer of Ms. Donya Amihan, prepare a demand

letter addressed to Maria Alena preparatory to filing an
ejectment case. (10 pts.)

b. Assume that Maria Alena did not heed your demand

letter, draft a complaint for ejectment in its complete form.
(20 pts)

Good  luck!    
 

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