SWU students
CLINICAL LEGAL EDUCATION – II
2nd Semester
(Class of Atty. Zigfred M. Diaz)
A.) – Please observe the following in submitting the assignment
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.) Submit all your assignment in a long white folder with your name written and
assignment number written on the side. (Example: Juan Dela Cruz – I)
5.) 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.
6.) 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.
7.) No motion for extension will be allowed. Those who will fail to submit
beyond March 7, 2008 will receive a failing grade those who will submit
beyond the deadline indicated below will automatically get a grade of 3.0.
8.) I will hold classes only once a month on the deadline designated. In case
there will be no classes on the designated deadline date, assignments will be
collected on the next Friday.
B.) – Facts
In January of 2001, ABC corporation, a corporation engaged in the sale of motorcycles decided to rent a lot in Toledo City for the purpose of putting up a motorcycle store.
The owner of the lot was a certain Lourdes Limbaga who was a member of the board of directors of ABC corporation.
The lot already had a small house that served as the house of the lot’s care taker, a certain Mr. Jerry Latorre. Mr. Latorre was the one who constructed the small house in the lot of Ms. Limbaga.
ABC corporation decided to take in Mr. Jerry Latorre as the manager of their motorcycle store.
The salary of Mr. Latorre was P 1,500.00 a month plus 30 % commission on any motorcycle he sold.
According to ABC corporation’s projection, Mr. Latorre will be making a total of P 10,000.00+ a month including commissions.
Because it seemed like a nice deal, Mr. Latorre agreed to the terms and condition.
ABC Corporation demolished a portion of the small house of Mr. Latorre and placed a small one storey building that served as the store.
However Mr. Latorre continued to live at the back of the building. (The portion of the house that was not demolished)
After three years of operations, the motorcycle store was not profiting as expected. Mr. Latorre also cannot account for sales of motorcycles amounting to P100,000.00. ABC Corporation sensed that there is something wrong with Mr. Latorre’s management.
However they could not let go of Mr. Latorre since they believed that he has a lot of connections in Toledo City that could help them in their business.
ABC corporation believed that there is a market for motorcycles in Toledo City.
In February of 2004, of making him manager, they entered into a consignment agreement with Mr. Latorre instead The following are the terms and conditions of their agreement.
1.) “ABC corporation shall lease the property for Mr. Jerry Latorre;
2.) ABC corporation shall provide Mr. Lattorre with motorcycles to sell at P 50,000.00 each. Mr. Latorre is can sell the said motorcycle higher than that amount and keep the rest of the proceeds for himself, however he should remit the P 50,000.00 back to ABC corporation;
3.) All other operational expenses for the store including improvements on the building is for the account of Mr. Latorre;
4.) That no employer-employee relationship exists Mr. Latorre and ABC corporation.
5.) The unaccounted sales of Mr. Latorre amounting to P 100,000.00 shall be slowly paid by him at P 5,000.00 each month. “
Mr. Latorre found the agreement to be satisfactory so he signed the new agreement. After more than 3 years of operations, Mr. Latorre ended up not remitting a total of P400,000.00. Add to that, he has only paid P 50,000.00 for the unaccounted amount he incurred when he was still manager.
Frustrated by the way things are going, ABC corporation decided to take over the business. In April 1, 2007, while Mr. Latorre was away, ABC Corporation forced opened the building, and took away the remaining motorcycles that they believe were their remaining stocks.
However they did not know that they also took away 3 personal motorcycles of Mr. Latorre. When Mr. Latorre was informed about what happened, he was furious. He called up ABC Corporation to return his 3 motorcycles. However ABC Corporation refused to do saying that Mr. Latorre even owed them more than the value of the three motorcycles.
Advised by their lawyer not to take the law into their own hands, ABC corporation decided to do things legally. They sent a demand letter dated June 25, 2007 to Mr. Latorre asking him to vacate the building. However Mr. Latorre refused to vacate.
ABC corporation then filed a suit for ejectment against Mr. Latorre.
During the mediation proceedings, Mr. Latorre said he will not vacate the said building since he owns it as he has not been paid for the demolished portion of his property.
He also maintained that he is an employee of ABC corporation. (His alleged proof of this is that he still has an identification card with ABC corporation indicating that his title is “manager.” ABC corporation forgot to confiscate his Identification card when they entered into a consignment agreement with him )
Mr. Latorre said he will only vacate the premises if they will pay him for his demolished house and that the 3 motorcycles be returned to him.
ABC Corporation was furious at the demands of Mr. Latorre, considering that they were the ones who constructed the building and that Mr. Latorre owed them a lot of money.
No compromise agreement was reached so the ejectment case went to court. The judge then ordered the parties to submit their respective position papers.
In the meantime Mr. Latorre wanted to get back at ABC corporation, so he filed a labor case against ABC corporation for illegal dismissal and underpayment of salaries on November 2007. A member of the board of directors of ABC corporation, a certain Mr. Bobong Lapetaje was there to represent the company in the labor conciliation proceedings. As the mediation proceedings was going along, a heated exchanged of words occurred between Mr. Lapetaje and Mr. Latorre. As a result of the argument, Mr. Lapetaje ended up punching Mr. Latorre in the face. The labor arbiter decided to terminate the conciliation proceedings and since no agreement was reached in the conciliation proceedings he asked the parties to submit their respective position papers. Mr. Latorre filed criminal charges in the prosecutor’s office against Mr. Lapetaje for slight physical injuries.
Mr. Latorre also consulted a lawyer on how he could get back his 3 motorcycles.
Because Mr. Latorre file a labor case against them, ABC Corporation decided to file a Civil case for collection for sum of money amounting to P 450,000.00. (P 50,000.00 for the unaccounted balance while he was still manager and P400,000.00 during the consignment agreement)
ABC corporation also consulted a lawyer if they can file a criminal case against Mr. Latorre for his failure to account for the P 50,000.00 when he was still their manager.
• OTHER PERTINENT FACTS ARE AS FOLLOWS:
1.) ABC corporation’s main corporate office is in Cebu City.
2.) Ms. Lourdes Limbaga – age 55, married, Filipino Citizen and a resident of Basak, Cebu City, Philippines
3.) Mr. Jerry Latorre – age 45, married, Filipino Citizen and a resident of Colon, Toledo City, Philippines
4.) Mr. Bobong Lapetaje – age 40, single, Filipino Citizen and a resident of Funete Osmena Cebu City, Philippines
C.) - Exam details
I - Midterms
A.) Position papers ejectment
a.) Make the Make the position paper of Mr. Latorre in the ejectment case.
b.) Make the position paper of ABC Corporation in the ejectment case.
B.) Criminal complaint
If you are the lawyer of ABC corporation what criminal case will you file against Mr. Latorre for his failure to account for the P50,000.00 when he was still manager. Make the necessary affidavit complaint that will be submitted to the prosecutor’s office.
C.) Mystery pleading
If you were the lawyer of Mr. Latorre what case should you file to help him get his 3 motorcycles ? Make the necessary pleading.
II – Finals
A.) Do a book summary of our text book “Trial Techniques and the practice of law” (minimum of 700 words) (Chapter 7 to 14)
B.) Actual Court experience
Make a written report on your experience with regards to your first court appearance. (Supervised by the Public attorney’s office – Atty Alrey Ouano, Sala of Judge Seville) Please be in proper attire (Barong or coat and tie)
A.) Arraignment
B.) Direct
C.) Cross
Note: If you have a hard time doing any of the above a court observation on any of the above will suffice. Please do not forget to ask for a certification from the clerk of court that you have attended the hearings.
ALL ASSIGNMENTS MUST BE SUBMITTED ON OR BEFORE MARCH 6, 2010 OTHERWISE YOU WILL GET A GRADE OF INC.
