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QUICK REVIEWER

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:

A. Quitclaim in Labor Cases;


B. Simple Contracts - - Lease, Sale of Realty or personal property;
C. Promissory Note;
D. Verification and Certificate against Forum Shopping;
E. Notice of Hearing and Explanation (All levels);
F. Affidavits Loss, Change of Name.

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;

b. AVOID FANCY, LONG, AND NEEDLESS WORDS. Simple, concise and


grammatically correct statements are hallmarks of effective legal writing. More importantly,
they save you precious time;

c. AVOID ERASURES as much as possible because they reduce the


impressiveness of your work. To avoid erasures, do your pre-work (answer outline) using
the questionnaire you received. Remember that nothing comes between YOU and the
EXAMINER other than your written work. Thus, your work should mirror not only legal
aptitude but also neatness; and,

d. PUT A DATE in all the legal documents that you will draft as required.

I. SAMPLE PROBLEMS / ANSWERS

A. Quitclaims in Labor Cases

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:

1
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. Technology manager Bernardo B. Sales filed a complaint against


Seize Tomorrow Corporation (STC) and a number of its officers before the
arbitration branch of the National Labor Relations Commission, Regional Office
IV located in Calamba City, Laguna, docketed as NLRC Case RAIV 82345-07 for
a number of issues arising from the last company action against him. During the
mandatory conference between the parties, they amicably settled their
differences such that Bernardo shall receive PhP500,000.00 by way of financial
assistance from STC in exchange for his commitment not to do any act
prejudicial to the interest of the company, its branches, or its projects arising
from or with respect to his previous employment and his outright execution of a
quitclaim against the same company and officers. Draft the needed document.

And the answer to this problem would be - -

18.
Republic of the Philippines)
Calamba City, Laguna) S.S.

QUITCLAIM AND RELEASE

I, BERNARDO B. SALES, of legal age, married, and residing at 801


Naujan St., Calamba City, Laguna, hereby state under oath:

1. I acknowledge to my full and complete satisfaction that I have


received PhP50,000.00, by way of financial assistance from Seize Tomorrow
Corporation (STC).

2. I now admit that I have no further claim or cause of action against


STC, its officers or employees with respect to any matter incident to or arising
out of my previous employment. Consequently, I will institute no action with
respect to it even as I now release and forever discharge STC, its officers and
employees from any claim, cause of action, or any further obligation in
connection with it. I fully acknowledge that the consideration I received is and
shall be the full and final settlement of any and all such claims.

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.

SIGNED this 6 June 2017 in Calamba City, Laguna.

(SGD.) BERNARDO B. SALES


Affiant

SIGNED AND SWORN before me this 6 June 2017 by affiant whom I


personally know.

(SGD) JUAN C. MENDOZA


Notary Public for Calamba City, Laguna
Suite 212 Burke Building, Calamba City, Laguna
Commission Serial 54342
Until Dec. 31, 2018
Roll of Attorney 38718
PTR 56789 1-12-18; Calamba City
IBP 24680 1-12-18 Calamba City

Doc. 6;
Page 4;
Book I;
Series of 2017.
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B. Affidavit (Change of Name)

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.

Thus, the following problem can possibly be asked.

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.

Republic of the Philippines)


City of Manila ) S.S.

AFFIDAVIT
(To Petition a Change of Name)

I, BATMAN BRUCE RELOVA y ROSALES, Filipino, single, of legal age and


residing at 8 Enders St. Filinvest Homes East, Cainta, Rizal, under oath, declare
that:

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.

2. The first name to be changed is from BATMAN BRUCE to plain


BRUCE.

3. I execute this affidavit to support a change of my first name because my


given first name is downright ridiculous and has caused me dishonor ever since.

4. To support this, I also enclose here the following documents:

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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National Bureau of Investigation that I have no pending


administrative, civil or criminal cases, or any criminal record;
g. An affidavit of publication from the Manila Bulletin confirming the
requisite publication under the law; and,
h. A copy of the newspaper clipping from Manila Bulletin.

5. I have not filed any affidavit-petition and that, to the best of my


knowledge, no other similar affidavit-petition is pending with any LCRO, court,
or Philippine Consulate.

6. I will file my affidavit-petition at the Manila LCRO in accordance with


Republic Act 9048 and its implementing rules and regulations.

SIGNED this 10 September 2017, in Manila.

(SGD.) BATMAN BRUCE R. RELOVA


Affiant

(Jurat is Omitted)

II. DEED AND CONTRACT FORMS

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.

(T) DEED OF SALE

(A) THE PUBLIC IS INFORMED:

(F) I, PROCOPIO C. CRUZ, of legal age, married, and residing at 12 Apo


St., Quezon City, (C) for and in consideration of the sum of PHP100,000.00, (A)
hereby sell on an as is where is basis my motor vehicle, more particularly
described as follows:

Make: Toyota Corolla 1987; Motor: EMC14356C


Serial /Chassis: CDC042094, File: 2345567E
Reg. Cert.: 4567EC, Plate: PPA 863

(S) to RICARDO LIM, of legal age, married, and residing at 2 Bangkal St.,
Manila.

(S) SIGNED this 8 July 2014 in Quezon City.

(SGD.) PROCOPIO C. CRUZ


Seller
With my consent:

(SGD.) Helen Y. Cruz


Spouse

(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:

(T) LEASE CONTRACT

(A) The Public Is Informed:

(A) This contract is executed between:

FELIPE D. GUZMAN, Filipino, of legal age, single, residing at 28 Aurora


Blvd., Quezon City;
- and -

ARTHUR E. MIRANDA, Filipino, of legal age, married to Agnes Torres,


residing at 30 Aurora Blvd., Quezon City.

(R) Felipe wants to lease the residential apartment he owns located at 30


Aurora Blvd., Quezon City and Arthur expressed his desire to lease it from Felipe.

(A) Consequently, the parties agree on the following conditions:


(C) 1. Felipe leases to Arthur the apartment unit for one year from the signing
date of this agreement.
2. Arthur shall pay Felipe Php5,000.00 monthly rental, payable in advance
within the first five days of each month.
3. Arthur warrants that he received the apartment in good and habitable
condition.
4. Arthur shall not sublet the apartment to any one without Felipes written
consent.

(S) 10 April 2017, Quezon City

(Sgd.) FELIPE D. GUZMAN (Sgd.) ARTHUR E. MIRANDA

Witnessed by: (Sgd.) Rene A. Miranda (Sgd.) Cito C. Jose

(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.

ACKNOWLEDGMENTS (COMMON TO ALL DEEDS & CONTRACTS)

Read: Section 1, Rule II of the 2004 RNP


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The notary public speaks in this part of the deed or contract. Take a look at the
sample below.

ACKNOWLEDGMENT

The following personally appeared before me:

Name Passport No. Date/ Place Issued


1. Tomas S. Balatan CC123330 1-05-2002/ Baguio City
2. Juan N. Buelta JJ200345 1-17-2004/ Manila

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.

SIGNED AND SEALED in Manila, 15 August 2016.

(SGD.) Juan C. Mendoza


Notary Public for Manila
Suite 212 Burke Building, Escolta, Manila
Commission Serial 54342
Until Dec. 31, 2017
Roll of Attorney 38718
PTR 56789; 12 Jan. 16; Manila
IBP 24680; 12 Jan. 16; Manila
Doc. 12;
Page 8;
Book II;
Series of 2016.

(Special Requirement in Conveyance of Real Property pursuant to Act


496, as amended)

This paragraph should be added before the notary publics signature:

This deed/contract relates to the sale of a parcel of land situated in


Quezon City consisting of two pages, including this where the acknowledgment
is stated and was signed by the parties and their witnesses in the left margin of
every page.

*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.

III. FINAL CONSIDERATIONS

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.

Abel was killed by Cain. (Passive) Cain killed Abel. (Active)

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

Good Luck to all Barristers!

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