Legal Writing Aldrin
Transcript of Legal Writing Aldrin
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
04 April 2013 LETTER WRITING ITEM No. 1
MR. JOSE ABUSADO23 Katipunan Ave., Quezon City
Dear Mr. Abusado,
My client, Mrs. Naty Ferrer, owner of a row of apartments in Quezon City, had referred the
matter of instituting the proper complaint for ejectment against you for your failure to pay
your monthly rentals in the amount of P18,000.00 or a total amount of P1,224,000.00 since
August 2007 up to present.
Clause 10(a) of the contract states that the “deposit shall only be refunded one month from
the expiration or termination of the contract of lease, after the lessor shall have ascertained
that all the utility bills chargeable to the tenant have been settled as evidenced by receipts.”
In view thereof, demand is hereby made that you vacate the premises you are presently
occupying together with all persons claiming rights under you, and to pay your rentals-in-
arrears in the total amount of P1,224,000.00 within ten (10) days upon receipt of this
letter.
If you failed to vacate the leased premises and pay the aforementioned amount, I will be
constrained to file the necessary action in court in order to protect the interest of my client.
I hope that you will give this matter your most preferential attention in order to be spared
of expensive, embarrassing and time-consuming litigation.
Thank you very much.
Very truly yours,
ATTY. ROBERT ALDRIN B. ORTIZ
Counsel of Mrs. Naty Ferrer
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
04 April 2013 LEGAL WRITING ITEM No. 2-A
QRS Corporation, Inc.c/o Atty. Mario Laginggalit28/F The World Centre, 330 Sen. Gil Puyat Ave., Makati City
To the Managing Directors of QRS Corporations, Inc.,
I am writing as the new retainer counsel of my client, Mr. Joseph Ramos, in regard to the
unsettled payment of QRS Corporation, Inc.’s building construction contract with my client.
The said contract is already 95% to its completion.
In view thereof, demand is hereby made that the corporation is requested to settle the said
outstanding obligation amounting to P2,500,000.00 within fifteen (15) days upon receipt of
this letter. If you failed to pay the aforementioned obligation, I will be constrained to file
the necessary action in court in order to protect the interest of my client.
I hope that you will give this matter your most preferential attention in order to be spared
of expensive, embarrassing and time-consuming litigation.
Thank you very much.
Very truly yours,
ATTY. ROBERT ALDRIN B. ORTIZ
Counsel of Mr. Joseph Ramos
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
10 April 2013 LEGAL WRITING ITEM No. 2-B
QRS Corporation, Inc.c/o Atty. Mario Laginggalit28/F The World Centre, 330 Sen. Gil Puyat Ave., Makati City
To the Managing Directors of QRS Corporations, Inc.,
Reference is hereby made to your counter-proposal asking for a 30-day extension, payment
of P700,000.00 and proposal to pay the balance in 36 equal monthly installments.
My client, however, finds your counter-proposal inacceptable and hereby demands
payment of the full amount of P2,500,000.00 within sixty (60) days upon receipt of this
letter.
Please consider this as our last and final demand.
Thank you very much.
Very truly yours,
ATTY. ROBERT ALDRIN B. ORTIZ
Counsel of Mr. Joseph Ramos
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
04 April 2013 LEGAL WRITING ITEM No. 3
MS. MONINA A. RIVEROLot 80 Blk. 1 Waterdam Rd.Gordon Heights, Olongapo City
Dear Ms. Rivero,
My client, World Cellphone, Inc. – the primary cellular phone service provider in the
Philippines, would like to remind you of your unsettled account for four (4) months
amounting to P3,850.60.
Please settle your balance at any World Cellphone Inc. stores or other accredited payment
facility immediately to avoid suspension of our service. Please also be advised that
applicable termination fees may apply if your account is suspended.
If by chance, payment has been made prior receipt of this letter, please disregard this
reminder and accept our thanks.
Thank you very much.
Very truly yours,
ATTY. ROBERT ALDRIN B. ORTIZ
Counsel for World Cellphone, Inc.
TAN SY CO & ASSOCIATESLaw Firm
6/F Pacific Star Building Makati Ave., Makati City 1227, Phils.Tel: (987) 654-3210; Email: [email protected]
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
04 April 2013 LEGAL WRITING ITEM No. 4
MS. LUCY TENG1612-A Crisostomo St.Sampaloc, Manila
Dear Ms. Teng,
I would like to apologize that I cannot possibly represent you in your case based on your
narration of facts before me.
As your legal counsel and upon studying the merits of the case, your best course of action is
to settle the matter with the victims’ families and pay what they are asking for; or, at the
very least, enter into negotiations to arrive at a settlement in order to be spared of
expensive, embarrassing and time-consuming litigation.
I would highly advise that you consider my aforementioned opinion which would be most
beneficial to your interest.
Thank you very much.
Very truly yours,
ATTY. ROBERT ALDRIN B. ORTIZ
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
04 April 2013 LEGAL WRITING ITEM No. 5
ZEETEEDEE Corporationc/o Atty. Cezar T. AzarAzar & Azar Law Firm10/F Pacific Star Building, Emerald Ave., Pasig City
To the Managing Directors of Zeeteedee Corporation,
I am writing as the legal counsel of my client, Mr. Conrado V. Soliven, regarding his failure
to pay the total amount of P145,000.00. Reference is hereby made to your final demand
letter received by my client.
In lieu of the foregoing, my client is seeking for your consideration to accept his L300
delivery van in payment of his obligation due to my client’s inability to settle the amount in
full.
Please do consider my client’s counter-offer. Your utmost and kind understanding
regarding this matter is highly appreciated
Thank you very much.
Very truly yours,
ATTY. ROBERT ALDRIN B. ORTIZ
Counsel of Mr. Conrado V. Soliven
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
04 April 2013 LEGAL WRITING ITEM No. 6
MR. JOHNNY MATUMAL13 Drapper St. West Tapinac,Olongapo City, Zambales
Dear Mr. Matumal,
This letter is in response to your narration of facts before me about your failed marriage
with Aunt Marsha. For convenience, I took the liberty to include a subject title for each of
my response.
Executing a Written Document:
Assuming that the marriage is valid and both party is a citizen of the Philippines, you and
Aunt Marsha cannot simply execute a written document allowing each other to live
separate lives and marry someone else if they wish for it is not in accordance with the
Family Code of the Philippines. Only a judge in court of law can annul, void, or nullify a
marriage.
For purposes of remarriage, there must be a court order declaring the marriage as null and
void. Entering into a subsequent marriage without such court declaration means that: (a)
the subsequent marriage is void; and (b) the parties open themselves to a possible charge
of bigamy.
Support:
According to Art. 105 of the Family Code of the Philippines, the following are obliged to
support each other to the whole extent set forth in the preceding article: (1) The spouses;
(2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and
the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate
children and the legitimate and illegitimate children of the latter; and (5) Legitimate
brothers and sisters, whether of full or half-blood.
Therefore, you are obliged to give support to your family and your only son, Bobby.
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
Legal Recourse:
Annulment may be your legal recourse if you want to terminate your marriage with Aunt
Marsha, but there are grounds to nullify it by virtue of Art. 45 of the Family Code of the
Philippines.
Declaration of nullity of marriage may also be your legal recourse ONLY IF it may be proven
that such marriage is void or invalid from the beginning. You can also opt to file a
Declaration of Nullity of your marriage based on Article 36 of the Family Code of the
Philippines if we can establish that either one of you is psychologically incapacitated to
comply with the essential requisites of marriage.
Pregnancy Outside Marriage:
If it so happen that your girlfriend is pregnant, the status of the child would be illegitimate
due to an absence of a court order declaring your previous marriage with Aunt Marsha
annulled or void.
I hope that my expert legal advice about your circumstance would help you deal with your
current problems in your family life. If you have further questions regarding the matter,
please don’t hesitate to contact me to wherever you find it most convenient.
Thank you very much.
Very truly yours,
ATTY. ROBERT ALDRIN B. ORTIZ
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
Date: 07 April 2013 LEGAL OPINION
To: MARICAR G. GIMENEZ
Unit 8756 Condominium Towers, E. Rodriguez Ave., Quezon City
Subject: Legal Opinion on the possibility of bringing a lawsuit against three men
committing a crime against you
Dear Ms. Gimenez,
Here is the legal opinion you requested. The facts, gathered from you and your documents,
are as follows:
1. At around 10:30pm of 22 February 2012, the left rear tire of your black Honda CRV
with plate number XKY 232 blew out while on your way home. It appears from your
observation that it had run over something really sharp. You were on a dimly lit area
along C.P. Garcia in Quezon City and there were hardly any cars in sight.
2. You decided to call for help when three men suddenly appeared out of nowhere, and
one of them pointed a gun at you shouting “Bumaba ka dyan!” which made you drop
your phone and obey what they ask of you.
3. You were held at gunpoint and the following valuables are taken:
a. Louis Vuitton Retiro PM bag;
b. Louis Vuitton Retiro PM wallet with cash amounting to P14,500;
c. Credit Cards other Identification Cards;
d. iPhone;
e. Pair of Diamond Earrings;
f. Tennis bracelet; and
g. MacBook Pro.
4. After taking possession of your valuables, the three men dragged you to a nearby
grassy area. The man with the gun hit you several times and raped you while still at
gunpoint to which made you lose consciousness.
5. An old lady woke you up asking of what happened and the next thing you remember
is that you are already in the hospital.
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
From the foregoing facts, it is apparent that the crime committed is ROBBERY WITH RAPE
which is a special complex crime punishable in paragraph 2 of Article 294 of the Revised
Penal Code with reclusion temporal in its medium period to reclusion perpetua, which
reads:
"Art. 294. Robbery with violence against or intimidation of persons--
Penalties.--Any person guilty of robbery with the use of violence against or
intimidation of any person shall suffer:
"x x x x x x x x x
"2. The penalty of reclusion temporal in its medium period to reclusion
perpetua, when the robbery shall have been accompanied by rape or
intentional mutilation, or if by reason or on occasion of such robbery, any of
the physical injuries penalized in subdivision 1 or article 263 shall have been
inflicted: Provided, however, That when the robbery accompanied with rape
is committed with the use of a deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death.
"x x x x x x x x x" (Emphasis supplied)
According to the case of People vs Clidoro (G.R. No. 143004), the crime of robbery with
rape is committed when the following elements concur:
(1) the taking of personal property is committed with violence or
intimidation against persons;
(2) the property taken belongs to another;
(3) the taking is done with animo lucrandi; and,
(4) the robbery is accompanied by rape.
The issue here is whether or not all the three men are liable as principals in the special
complex crime of robbery with rape.
According to People vs Mendoza (G.R. No. 123186), even if the two of the accused did not
commit the criminal act of rape against Ms. Gimenez, they will still be liable for the special
complex crime of robbery with rape. The conspiracy to rob is all that is needed to be
proven to punish them all as principals in the crime of robbery with rape. The rape may
have been perpetrated by only one of them, but they will all be convicted of robbery with
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
rape, because the rule in this jurisdiction is that whenever a rape is committed as a
consequence, or on the occasion of a robbery, all those who took part therein are liable as
principals of the crime of robbery with rape, although not all of them actually took part in
the rape.[42] It is enough that robbery shall have been accompanied by rape to be
punishable under the The Revised Penal Code which does not differentiate whether the
rape was committed before, during or after the robbery.
Although the narration of facts of Ms. Gimenez, all the three men who took part in the crime
are liable with the complex crime of rape as co-principal even if their participation is very
minimal as when one of the accused acted as guard while rape was being committed on the
occasion of the robbery.
In addition, the penalty must be imposed in the maximum degree, inasmuch as the crime
was committed (1) in disregard of his sex, (2) during nighttime, and (3) in advantage be
taken of superior strength. (Article 14, paragraphs 3, 6 and 15, Revised Penal Code.)
Very truly yours,
ATTY. ROBERT ALDRIN B. ORTIZ
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
KARENINA B. LAGO, Plaintiff,
- versus - CIVIL CASE NO. ______________FOR: SUPPORT AND DISSOLUTIONOF PROPERTY REGIME with PRAYER FOR PROTECTION ORDERAnd SUPPORT PENDING LITIGATION
DARIUS J. SANTOS, Defendant.
x - - - - - - - - - - - - - - - - - - - - x
MEMORANDUM FOR THE PLAINTIFF
COMES NOW, plaintiff, through the undersigned counsel and unto this Honorable
Court, most respectfully submits the foregoing Memorandum for the Plaintiff, to wit:
STATEMENT OF FACTS and CASE:
This is a complaint for SUPPORT and DISSOLUTION OF PROPERTY REGIME filed
by plaintiff Karenina B. Lago against defendant Darius J. Santos under Article 194 and
Article 148 of the Family Code of the Philippines.
The parties lived together without the benefit of marriage in Quezon City where
they begot three children – Coleen in 2003, Cora in 2004, and Carlo in 2009.
That during their relationship, they have acquired the following items:
a. Lot in Alabang Hills in 2003;
b. Second-hand BMW to which defendant later sold;
c. Toyota Innova;
d. Motorcycle in 2006;
e. Several home appliances;
f. Ford Escape with Plate Number ACT 001 in 2012;
g. 100 shares of stock in San Miguel Corporation.
That most of the items acquired during their relationship were acquired mostly from
their pooled funds.
REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGIONBRANCH __________
QUEZON CITY
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
Prior to their separation in August 2012, the parties have a huge fight and defendant
said hurtful things against the plaintiff and slap her twice in the presence of their children.
Defendant also took away plaintiff’s personal laptop and Canon EOS camera and their 32
inch Bravia flat screen television. Defendant likewise threatened to took away plaintiff’s
new Ford Escape car.
Defendant after their separation did not provide for the support of their children.
Thus, this complaint for Support against the defendant. Plaintiff likewise prays that
their property regime be dissolved and that a Temporary Protection Order be issued
against the defendant in order to restrain the latter in going to plaintiff’s house in order to
avoid further physical and verbal abuse. The Temporary Protection Order be made
permanent.
Defendant on the other hand, claims that during their cohabitation, plaintiff did not
contribute to the household expenses. That the properties they acquired came from his
own funds. Defendant also denies paternity of their three (3) children.
ISSUES
a) Whether or not plaintiff had a valid claim for support and can claim for support
pending litigation.
b) Whether or not the property regime of the parties can be dissolved.
c) Whether or not a Temporary Protection Order/Permanent Protection Order can
be issued against the defendant.
DISCUSSION
a) Whether or not plaintiff had a valid claim for support and can claim for
support pending litigation.
The plaintiff can claim support from the defendant for the sustenance of their three
(3) minor children namely Coleen, Cora and Carlo, all surnamed Santos. Article 194 of the
Family code provide as follows, to wit:
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
Art. 194. Support comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family.
Inasmuch as the defendant is an endocrinologist-internist by profession, he can ably
support the minor children in the amount of P20,000.00 a month or a total of P60,000.00.
Said amount is necessary in order that the children can live comfortably in accordance with
the social standing and financial capacity of the family. The children are all enrolled in
exclusive private schools.
The claim of defendant that the children are not his are immaterial considering that
he had acknowledge paternity of said children in their respective Certificates of Live Birth.
That defendant did not impugn the filiation of the said children in proper court
proceedings. A copy of the children’s Certificates of Live Birth are hereto attached and
made part hereof as Annexes “A”, “B” and “C”.
Plaintiff prays that pending litigation support should be given in order to defray the
expenses of their minor children.
b) Whether or not the property regime of the parties can be dissolved.
It is admitted that the parties had lived together as husband and wife without the
benefit of marriage. That they have acquired properties during their cohabitation, to wit:
a. Lot in Alabang Hills in 2003;
b. Second-hand BMW to which defendant later sold;
c. Toyota Innova;
d. Motorcycle in 2006;
e. Several home appliances;
f. Ford Escape with Plate Number ACT 001 in 2012;
g. 100 shares of stock in San Miguel Corporation.
Although, it can be said that defendant had contributed mostly for the purchase of the
foregoing items, the same were purchase during their cohabitation. The law presumes that
the parties are the co-owners of the said properties. The contribution of the plaintiff, aside
from contributing a small amount, also includes her efforts, consisting of the caring and
maintenance of the family and the household.
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
c) Whether or not a Temporary Protection Order/Permanent Protection Order
can be issued against the defendant.
That defendant, Darius J. Santos, is very controlling, dominant, verbally abusive mate,
and have a temper problem. Defendant during their cohabitation, had a fight with the
plaintiff to the point that the defendant got himself an armalite in good condition which he
sometimes brandished in front of the plaintiff. Defendant had hit the plaintiff twice prior to
their separation even in front of their children. Plaintiff had already feared for her life and
that of her children who had been traumatized by the incident.
That the Honorable Court should grant a Temporary Protection Order ordering the
defendant to stay away from petitioner and her children at a distance specified by the
court, and to stay away from the residence, school, place of employment, or any specified
place frequented by the defendant and their children and to direct the lawful possession
and use by plaintiff the Ford Escape car, and other essential personal effects, regardless of
ownership.
The defendant inflicted Psychological violence and physical violence and Economic
abuse against the plaintiff.
Republic Act 9262 otherwise 9262 otherwise known as the Anti-Violence Against Women
and Children Act of 2004 defines Psychological Violence and Economic Abuse as follows, to
wit:
"Psychological violence" refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
"Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the
other spouse/partner objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;
ATTY. ROBERT ALDRIN B. ORTIZLaw and Notarial Services
No. 2-23rd Street, East Bajac-Bajac, Olongapo City 2200 Phils.Mobile No. 09355312300; Email: [email protected]
2. deprivation or threat of deprivation of financial resources and the right to the use
and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely control
Defendant had withheld support to their children and likewise threatens to get the new
car being used by the plaintiff.
The aforementioned acts of the defendant violates of the provisions of Republic Act
9262 otherwise known as the Anti-Violence Against Women and Children Act of 2004.
Hence, the issuance of the Temporary Protection Order and ultimately Permanent
Protection Order is proper.
PRAYER
WHEREFORE, it is most respectfully prayed of the Honorable Court, that the
foregoing Memorandum for the Plaintiff be NOTED.
Other relief are prayed for.
ROBERT ALDRIN B. ORTIZ
Counsel of for the Plaintiff
No. 2-23rd Street, East Bajac-Bajac
Olongapo City