ISSUES CONFRONTING LAWYERS IN ACCEPTING CASES

1. Difficulty in establishing defense for a client

A lawyer may find it hard to establish a defense for its client if upon
looking into the case; it was evident that his client is guilty.

2. Insufficient Evidence
A lawyer may find that the evidence available are not sufficient to
assert liability against the other party.

3. Unavailability of Witnesses
In certain cases, the presence of credible witnesses plays a major
role in the success of a case handled by a lawyer. Some, although
available, may opt not to be involved in a case. Also the absence
of witnesses may lessen the chance of winning the case.

4. Complex Cases
A lawyer upon going through the case, may find that it is not just an
ordinary case it usually encounter but one which is more complex
and involves intricacies which makes it difficult for him to prepare
for clients defenses.

5. Non-cooperative Client
A good lawyer-client relationship is a factor which can contribute to
the success of the case. Poor communication and a non-
cooperative client may give a lawyer difficulty in the case.
 DEFENDANTS TRIAL MEMORANDUM

STATEMENT OF FACTS

1. Plaintiff Vic Traders Corporation (VTC) is a corporation engaged in the

merchandising and trading business whose principal office was at No. 353
Aurora Boulevard, Quezon City.
2. Defendant Mighty Glue Corporation (MGC) is a corporation engaged in
the manufacture of industrial glues, vulcanizing cement, rubber cement,
leather dressings, leather varnishes and cutting dies, most of which need
highly inflammable and flammable solvents for their manufacture into
finished products. The principal office of MGC was No. 353 Aurora
Boulevard, Quezon City, adjoining that of VTC.
3. On August 17, 2005 at about 11:30 a.m a fire preceded by explosions,
broke out from the Adhesives Department of MGC The fire gutted not
only the principal office of MGC but likewise the adjoining building of VTC.
4. On January1, 2006, VTC filed a complaint for damages against MGC with
the Regional Trial Court of Quezon City alleging that the fire was caused
by the fault of negligence of defendant and/or its employees in not
taking the necessary precautions to avoid damage to others and in failing
to comply with the requirements of the authorities relative to the use and
storage of highly inflammable goods and materials like nitrocellulose
which is needed in the manufacture of its products.
5. Plaintiff seeks from MGC the payment of compensatory damages in the
amount of 25 million, with legal interest from the filing of the complaint,
plus exemplary damages, counsel fees, expenses of litigation and the cost
of suit.
LAWS CONSTITUTING OUR DEFENSE

1. Section 7 of the Revised Fire Code of the Philippines of 2008 provides

that:

Section 7. Inspections, Safety Measures, Fire Safety, Constructions, and

Protective and/or Warning Systems. - As may be defined and provided in
the Rules and Regulations, owners, administrators or occupants of
buildings, structures and their premises or facilities and other responsible
persons shall be required to comply with the following, as may be
appropriate:

a. Inspection Requirement - A fire safety inspection shall be conducted by

the Chief, BFP or his duly authorized representative as prerequisite to the
grants of permits and/or licenses by local governments and other
government agencies concerned, for the:

(1) Use or occupancy of buildings, structures, facilities or their premises

including the installation or fire protection and fire safety equipment, and
electrical system in any building structure or facility; and

(2) Storage, handling and/or use of explosives or of combustible,

flammable, toxic and other hazardous materials;

b. Safety Measures for Hazardous Materials - Fire safety measures shall be

required for the manufacture, storage, handling and/or use of hazardous
materials involving:

(1) cellulose nitrate plastic of any kind;

(2) combustible fibers;
(3) cellular materials such as foam, rubber, sponge rubber and plastic
foam;
(4) flammable and combustible liquids or gases of any classification;
(5) flammable paints, varnishes, stains and organic coatings;
(6) high-piled or widely spread combustible stock;
(7) metallic magnesium in any form;
(8) corrosive liquids, oxidizing materials, organic peroxide, nitromethane,
ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic,
or cryogenic materials or poisonous gases as well as material compounds
which when exposed to heat or flame become a fire conductor, or
generate excessive smoke or toxic gases;
(9) blasting agents, explosives and special industrial explosive materials,
blasting caps, black powder, liquid nitro-glycerine, dynamite, nitro
cellulose, fulminates of any kind, and plastic explosives containing
ammonium salt or chlorate;
(10) fireworks materials of any kind or form;
(11) matches in commercial quantities;
(12) hot ashes, live coals and embers;
(13) mineral, vegetable or animal oils and other derivatives/by products;
(14) combustible waste materials for recycling or resale;
(15) explosive dusts and vapors; and
(16) agriculture, forest, marine or mineral products which may undergo
spontaneous combustion.
(17) any other substance with potential to cause harm to persons,
property or the environment because of one or more of the following: a)
The chemical properties of the substance; b) The physical properties of
the substance; c) The biological properties of the substance. Without
limiting the definition of hazardous material, all dangerous goods,
combustible liquids and chemicals are hazardous materials.

c. Safety Measures for Hazardous Operation/Processes - Fire Safety

measures shall be required for the following hazardous
operation/processes:
(1) welding or soldering;
(2) industrial baking and drying;
(3) waste disposal;
(4) pressurized/forced-draft burning equipment;
(5) smelting and forging;
(6) motion picture projection using electrical arc lamps;
(7) refining, distillation and solvent extraction; and
(8) such other operations or processes as may hereafter be prescribed in
the Rules and Regulations.

d. Provision on Fire Safety Construction, Protective and Warning System -

Owners, occupants or administrator or buildings, structures and their
premises or facilities, except such other buildings or structures as may be
exempted in the rules and regulations to be promulgated under Section 5
hereof, shall incorporate and provide therein fire safety construction,
protective and warning system, and shall develop and implement fire
safety programs, to wit:

(1) Fire protection features such as sprinkler systems, hose boxes, hose reels
or standpipe systems and other firefighting equipment;
(2) Fire Alarm systems;
(3) Fire walls to separate adjoining buildings, or warehouses and storage
areas from other occupancies in the same building;
(4) Provisions for confining the fire at its source such as fire resistive floors
and walls extending up to the next floor slab or roof, curtain boards and
other fire containing or stopping components;
(5) Termination of all exits in an area affording safe passage to a public
way or safe dispersal area;
(6) Stairway, vertical shafts, horizontal exits and other means of egress
sealed from smoke and heat;
(7) A fire exit plan for each floor of the building showing the routes from
each other room to appropriate exits, displayed prominently on the door
of such room;
(8) Self-closing fire resistive doors leading to corridors;
(9) Fire dampers in centralized airconditioning ducts;
(10) Roof vents for use by fire fighters; and
(11) Properly marked and lighted exits with provision for emergency lights
to adequately illuminate exit ways in case of power failure.
Defendant MGC may show the Fire Permit issued by the Bureau of Fire
Protection stating that they complied with the requirements as provided by law.

2. Article 2180 of the New Civil Code provides that:

The obligation imposed by Article 2176 is demandable not only for
ones own acts or omissions, but also for those of persons for whom one
is responsible.

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.

The responsibility treated of in this article shall cease when the person
herein mentioned prove that they observed all the diligence of a good
father of a family to prevent damage.

Defendant may prove that it exercised the diligence of a good father of a

family to prevent the fire.

MERITS OF THE COMPLAINT

Plaintiff alleged that the fire was caused by the fault or negligence of
defendant and/or its employees. In order to establish negligence as a cause of
action under the law of torts, a plaintiff must prove that the defendant had a
duty to the plaintiff, the defendant breached that duty by failing to conform to
the required standard of conduct, the defendants negligent conduct was the
cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed of
damaged.
In order for the defendant to be held liable, the plaintiff must prove and
present evidence of negligence by the defendant.