SWU students CLE I Executive class
CLINICAL LEGAL EDUCATION – I (Executive class)
2nd Semester assignments
(Class of Atty. Zigfred M. Diaz)
Please observe the following:
1.) All assignments should be HANDWRITTEN. Make every effort to make your handwriting legible. I will give a very low score or no score at all to handwritings that I cannot decipher.
2.) Assignments should be written in Yellow paper
3.) Please observe proper margins and spacing when writing.
4.) All pages within the assignment should be numbered
5.) Submit all your assignment in a long white folder with your name written on the side.
6.) Make a table of contents & Indicate the page numbers for each folder. The table of contents should be broken down. See example below: (For complete requirments and suggested table of content see last page)
I – Case work 1
a.) Position paper for Juan Delacruz………………………….. Page 1
b.) Position paper for the Company ………………………….. Page 5
7.) All case assignments should have all necessary attachments and evidences included. Assume other collateral facts but do not introduce facts that are not indicated in the case.
8.) Case assignments should have support in both law and jurisprudence; a failing grade will be given to Position papers, pleadings and other documents that does not conform with this requirement or if it fails to comply with the Rules of Court.
9.) No motion for extension will be allowed. Deadline is on FEBRUARY 27, 2011, Sunday. A grade of INC will be given to those who submit beyond said date.
10.) The details of this assignments are uploaded as well to www.zdiaz.com click on “SWU students” at the right side bar. Please inform those who are absent about this matter.
B.) FACTS & ASSIGNMENTS
I– Case work 1 (Labor and criminal case)
Juan Dela Cruz is employed as logod maker in a company whose trade name is known as “LUGOD MAKERS”. LUGOD MAKERS is a company based in Cebu City with 8 employees and specializes in making customized Lugods.(Local body scrub) Juan Dela Cruz has been employed since July 2003. His daily salary is P 150.00 per day. During the time that he was employed, there were several things that were missing in company premises and he was always the prime suspect. However there was never a formal investigation conducted regarding the lost items.
On August 1, 2007, Juan Dela Cruz, was asked to buy some items in the local hardware. The total amount of the items was only P 1,000.00. When he surrendered the receipt to the Pedro Pindoko, the owner of LUGOD MAKERS the receipt reflected was P3,000.00. There was an indication that the receipt was tampered. The owner talked to him and asked him why the receipt looks tampered. Juan Dela Cruz never said a word. The owner became very angry and asked Juan Dela Cruz never to show his face again. In fact he was given his last salary. However the owners forgot to get the tampered receipt from Juan Dela Cruz, nor did Juan return any of the money.
On September 3, 2007, the owner sent a “return to work order” to Juan Dela Cruz. Juan Dela Cruz received the order and placed his signature indicating that he is willing to return to work. However when he returned to work he was asked to given a “Notice of investigation” asking him to appear in a formal investigation to be conducted concerning the tampered receipt. He was also ordered to return the tampered receipt. Juan Dela Cruz did not sign the notice of investigation. He told the owner that he did not have possession of the “tampered receipt” as he already returned the tampered receipt and the money to the owner. After a brief argument with the owner, Juan Dela Cruz did not return to work afterwards.
On December 3, 2007, he filed a labor case against LUGOD MAKERS alleging that he was illegally dismissed and that he is underpaid. LUGOD MAKERS contends that Juan Dela Cruz was not illegally dismissed. According to the company, Juan Dela Cruz was sent a return to work order, however since he knows he is being investigated he did not bother to return to work anymore. Since the parties failed to settle amicably, the Labor arbiter has asked the counsels to submit their respective position papers.
In the meantime, the company wants to file a criminal case against Juan for not returning the money and the receipt.
1.) Make the position paper for the company and for Juan Delacruz
2.) What criminal case can be filed against Juan? Make the necessary affidavit-complaint to be filed at the prosecutor’s office.
II – Case work 2 (Civil Case)
Brad Armpit and Juan Ilok, both residents of Pardo, Cebu City are long time friends. On March 7, 2007 Brad borrowed money from Juan worth P 150,000.00. Brad promised to pay the said obligation to Juan on July 31 2007. However there was no written instrument that was made regarding the transaction, but two of their friends, Pedro Siponon and Jose Kogmohon was there when the said transaction took place. On July 20, 2007, Brad Armpit went to the house of Juan since he wanted to pay P 50,000 for the meantime, however since Juan was not there, Brad just left the money with Juan’s 17 year old son, John. John received the money from Brad, however no receipt for such payment was issued. John never gave the money to his father. Instead, John eloped with his girlfriend and went to Tawi-Tawi. On July 31, 2007, Brad went to Juan’s house and gave Juan the remaining P 100,000.00. Juan asked why Brad is only bringing P 100,000.00. Brad told him that he already gave P 50,000.00 to John. Juan said, John never gave him the money. Brad told Juan that it is not his responsibility anymore. Juan said that the alleged payment should not be counted as he has never received the money. As a result of this, they argued over the matter. Juan filed a case in the barangay. Since they could not be settled in the barangay the barangay captain issued a certification to file action. Juan asked his lawyer to send a demand letter to Brad. Brad did not comply with the Demand letter, prompting Juan to resort to judicial action.
a.) Prepare the Complaint
b.) Prepare the Answer
c.) Prepare the Pre-trial Brief for both plaintiff and defendants
d.) Since the case is under summary procedure, prepare the position papers for both parties.