August 24, 2019

Logic and Legal Technique

Atty. Alloysius R. Yebra

Legal Memorandum No. 2

Instructions:

Using the sample format presented by Linda H. Edwards in her book “Legal Writing and
Analysis”, prepare a handwritten Legal Memorandum/Opinion addressing the legal issues
arising from the scenarios presented below. Please observe proper spacing, indentions and
margins.

Scenario No. 1

➢ There are two (2) adjacent houses owned by Mr. Nui and Mr. Chao.
➢ The houses are separated by a 5-foot wall.
➢ Mr. Chao planted an apple tree in his property.
➢ After 10 years, it grew to be a very big tree. Its branches and roots extended over Mr.
Nui’s property. Also, its fruits fell on the roof of Mr. Nui’s house.
➢ For a better illustration, refer to the figure below.
➢ Give your legal opinion on the legal significance and consequences of all possible
scenarios which may arise from the circumstance (i.e. rights of the owners, civil and
criminal liabilities, etc.)

Scenario No. 2

➢ The Congress enacted R.A. 0000123 declaring September 8 as a “National Day of

Obligation” and suspending work and classes in all offices and schools in order to
celebrate the Immaculate Conception of the Virgin Mary.
➢ Mr. Nui Chao, a non-believer of the Catholic/Christian faith questioned before the
Supreme Court the constitutionality of the newly enacted law. He contends that a
similar “day of obligation” should likewise be granted to non-believers for purposes
of equality and fairness to all.
➢ Give your legal opinion on the matter.