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CHRIST THE KING COLLEGE

COLLEGE OF LAW
CALBAYOG CITY, SAMAR

FINAL EXAMINATIONS IN LEGAL FORMS

I. A. Draft the JURAT and ACKNOWLEDGMENT


B. What is the difference between the two?
C. Cite at least 3 Legal Documents which require the use of the same.
(15%)

II. A. Prepare a Certification against Forum Shopping. (5%)


B. When is a Certificate of Non-Forum Shopping necessary? (5%)
C. Draft a Verification. (5%)
D. Give at least 5 legal documents that require verification. (5%)

III. On March 1, 2017, sisters and business partners Carmina and Celeste
Corominas borrowed PhP 500,000 from Carmen Carunungan. It was agreed
that the amount will be paid in full one (1) year after, or on March 1, 2018,
with interest at the rate of 10% per annum, without necessity of a demand.
They also agreed to be bound jointly and severally. For this purpose, they
executed a promissory note, secured by a postdated check in the amount
of PhP 550,000 drawn from their joint account, which check was dated
March 1, 2018. When the debt became due, Carmen deposited the check
but it was dishonored for insufficient funds. Carmen then sued Carmina and
Celeste for Estafa through falsification of a commercial document.

After finding probable cause, the prosecutor filed a criminal case in court,
where the sisters were required to file their joint judicial affidavit. In their
affidavit, they raised the defense that they could not be guilty of estafa
because: (i) the check was issued only as a form of security; (ii) even if
issued as payment, it was for a pre-existing debt; and (iii) it was only upon
Carmen's insistence that they issued the check. Before the case could be
decided, the sisters offered to settle their debt through a dacion en pago.
They offered a Honda CRV which they jointly owned in full settlement of the
loan. Carmen agreed.

Prepare the following documents in legally acceptable and enforceable


forms, based on the above facts:

a. Promissory Note (5%)


b. Dacion en pago (5%)
c. Motion to Post Bail (5%)

IV. Your client Brandy Pitt was the victim of a hit and run car owned by Sharon
Olba and driven by Jenny Aniston. After you had taken the steps to file the
required court actions against Sharon Olba and the driver, your client was
convinced by the car owner to accept a sum of money by way of settlement.
Since the amount offered was fair and reasonably covered all the expenses
incurred, your client accepted the offer. Prepare the document of Release
and Waiver that in your opinion will best protect the interest of your client,
the victim, and will likewise be legally sufficient and acceptable to the car
owner and his driver. (10%)

V. Miki Moto was served with summons and a copy of the complaint of Ciara
Jane for collection of the amount of ₱1,000,000.00 as evidenced by a
promissory note signed by Miki Moto. She alleged that the debt was
overdue; and that Miki Moto refused to pay despite repeated demands. Miki
Moto engaged the services of Atty. Carlos Sa bit, who decided to file a
motion to dismiss on the ground of lack of cause of action and prescription.
Atty. Carlos Sabit drafted the motion and sent the draft to Miki Moto for his
perusal. Miki Moto, being himself a law graduate, quickly noticed that the
draft did not contain a notice of hearing.

A. Draft the necessary Motion to Dismiss. (5%)


B. Draft the notice of hearing that Atty. Carlos Sabit should include in the
motion to dismiss. (5%)

VI. Zandro Ty was recently promoted as General Manager of XYZ Corporation.


Since he will not be available on the agreed awarding date to claim the cash
incentive due him by the company, he then instructed his lawful spouse to
claim the same. What document should you prepare? Prepare the same.
(5%).

VII. What are the parts of a Pleading as provided for in Rule 7 of the Rules of
Court? (5%)

VIII. Differentiate a Pleading from Affidavit. (5%)

“You must keep your mind on the objective, not on the obstacle.” – William Randolph Hearst

Bonus:

1. What was the first law subject taught by your instructor here in CKC Law?
2. At what age did he pass the BAR?
3. Draft your brief impression and message to him.