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memorandum

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by

nadine Alonzo

on 25 October 2014

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Transcript of memorandum

Summary
OVERVIEW
FACTS
ISSUE
ARGUMENTS
CLOSING ARGUMENT
PRAYER or RELIEF
MEMORANDUM
There are different formats
Writer's Heading
Legal Issue
Answer
Statement of Facts
Discussion
Conclusion


Case at bar
A summary of the nature of the action
Contains proceedings so far


Case Facts
Summary of the facts of the case
Contains the opposing viewpoints of the parties

Issues
-Contains the relevant issues to be resolved

Arguments
-An orderly presentation of the arguments that support the client’s position


It narrates the transaction or event that created the legal dispute and led to the filing of the suit. In other words, it is the story behind the legal dispute.

Parts of the Statement of facts
(if the facts are disputed):

Plaintiff’s version – facts narrated by the plaintiff or complainant

Defendant’s version – facts told by the accused or defendant
Sample of the Prosecution’s version of facts
Accused Romulo Takad and Ma. Theresa Lacsamana were common law partners who are residents of Pasig City. Lacsamana is a member of SCCPPTODA or the SAMAHAN. The SAMAHAN entered a contract with Bayan Development Corporation (BDC), a corporation extending loans to Sakbayan and TODA members. SAMAHAN obtained a loan of P480,000.00 from BDC Sakbayan Program. The contract provides that: “The money loaned by the SAMAHAN form the BDC shall be used to buy a tricycle. They also stipulated that failure of any members of the SAMAHAN to perform their obligations, which is to pay their outstanding debt; their tricycle will temporarily be under the custody of SAMAHAN’s TREASURER. The tricycle will only be released if the member, who failed to pay, pays his/her outstanding debt.”
The accused and Lacsamana went to the main office of BDC to claim their tricycle but BDC delivered it to their treasurer’s office because Lacsamana has an outstanding debt to pay for before she claims it. The BDC gave her until October 17, 2003 to comply with the payment of said debt but she failed to do so in time. Then the tricycle was transferred to a Carlos Parlarde. The two went to BDC main office to pay their debt but Zenny Aguirre, the employee of BDC, refused because the tricycle was handed over to Mr. Parlarde who is also a resident of Pasig City. Because of that, the accused Takad told Aguirre that he does not want to see the tricycle in their place. Early morning of November 21, 2003, somebody has stolen the tricycle from the house of Mr. Parlarde. He shouted to the said person, “Hoy! Bat dalamoang motor ko?” after that, the person took the tricycle away and he recognize the face of that person.
Then, he contacted Ms. Aguirre to inform that the tricycle was stolen, and she remembered what the accused said at the office and it gave her a doubt that the accused was the one who stole the tricycle. She went to Mr. Parlarde’s house to ask more about the incident and they reported it to the police station. After that, the police officers went to the house of the accused and arrested him. They called Mr. Parlarde to the station to identify the suspect and he clearly identify the physical description of the suspect. Then he called Mario Mankas to identify the person who stole the tricycle and to give his testimonies about the incident.
ACCUSED EVIDENCE
Ma. Teresa Lacsamana is the live in partner of the accused named Romulo Tatad.
Romulo Tatad manages the tricycle owned by the latter and is not a member of SAMAHAN.
When Ma. Teresa Lacsama failed to perform her obligations, BDC requested them to deliver the tricycle to the custody of SAMAHAN’s Treasurer.
The tricycle will be released upon full payment of her obligations
BDC gave them a redemption period which is on Oct. 17, 2003 to pay the outstanding debt.
On Oct. 17, 2003 the couple went to BDC office but it was closed.
The next day they went back to the said office.
They were entertained by a Zenny Aguirre.
When they’re were about to redeem the tricycle Zenny Aguirre told them that they don’t have the capacity to redeem the tricycle back and that the tricycle was already assigned to a Carlos Parlarde.
Because of the negative response that they received from BDC, the accused told Zenny Aguirre that he should not see the tricycle in their place because this will hurt his feelings.
His partner Ma. Teresa Lacsamana even mortgaged her car so that they can redeem the tricycle.

CRUCIAL
WHY?
REMEMBER TO:
1.) Identify the correct legal issues within the context of the facts of your case.

2.) Include legal elements that are essential to the resolution of the issues
IMPORTANT!
The more narrow and descriptive your issue statement is, the more effective it will be.

Arguments in General:

- The term “Argument” may denote as a dispute or a fight. However, it may also mean as what is known as Truth-bearers , i.e. things which bears truth and falsity. The reasons offered within the argument are called “premises”, and the proposition that the premises are offered for is called the “conclusion”. This sense of “argument” diverges not only from the above sense of a dispute or fight but also from the formal logician’s sense according to which an argument is merely a list of statements, one of which is designated as the conclusion and the rest of which are designated as premises regardless of whether the premises are offered as reasons for believing the conclusion.
Legal Arguments
A form of expression consisting of a coherent set of reasons presenting or supporting a point of view; a series of reasons given for or against a matter under discussion that is intended to convince or persuade the listener.
It is the initial discussion of the case whereby facts and pertinent laws applicable are stated.
In a legal memorandum, the lawyer states the points of the facts of the case and the legal basis thereof by citing pertinent laws, statutes or jurisprudence to support the claims of his client.
In this section, the author may try to persuade the recipient or may simply stick to a discussion of the current law depending on who the recipient is and the precise purpose of the memo.
Characteristics of a Legal Argument

Balanced
The arguments presented must be objective. The writer should explain why favorable law applies and why unfavorable law most likely does not apply; however, the writer must not attempt to convince the reader of the absolute correctness of the conclusion. Instead, the writer should acknowledge the weaknesses of the argument.

Synthetic
The writer must give an explanation as to how each fact relates to the law.
Five Elements of Legal Argument

1. Answer- Whereby the author of the memorandum states his stand to a particular issue raised ( ex. The bursting of tires of the delivery truck is not a natural calamity.)
2. Issue- A matter which needs to be resolved. (ex. Whether or not the bursting of tires of a delivery truck is a natural calamity.)
3. Rule – Pertinent provisions of laws, statutes, legal principles, doctrines, or jurisprudence applicable to the case.
4. Analysis- The part whereby the author applies the rules cited to the facts of the case to answer the given issue.
5. Conclusion
A closing statement is a statement made at the end of the legal trial, delivered by a representative of each side of the case.

The closing statement is the most important and memorable part of the legal process, given its placement at the conclusion of the trial and for its dramatic nature.

The closing statement is used to depart on good note after packing your pleading with every sort of argument in support of your stand. The closing statement should not appear to argue even if it may appeal to the good sense.
Example:
People of the Philippines, complainant
-versus-
Romulo Takad, Accused
Criminal Case No. 12345-H
For: Violation of R.A 6539

In the case at bar, when the accused was arrested by the police, he was not informed of any of his constitutional rights as what the former said during the trial that “I was awakened by the police who took me”. When the police arrested the accused, the police was not even armed with warrant of arrest. The accused was not afforded with due process of law provided in the constitution.

A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court.
A prayer gives the judge an idea of what is sought, and may become the basis of a judgment if the defendant defaults .
Rule 7, Sec. 2. (c)

Relief. — The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable.
Judicial Remedies
Legal remedies (Damages)
Compensatory damages
Punitive damages
Incidental damages
Consequential damages
Liquidated damages
Reliance damages
Nominal damages
Statutory damages
Treble damages
Equitable remedies
Specific performance
Account of profits
Constructive trust
Injunction
Restitution
Rescission
Rectification
Declaratory relief

Related issues
Adequate remedy
Election of remedies
Provisional remedy
Tracing
 "The plaintiff prays for 1) special damages in the sum of xxx ; 2) general damages according to proof [proved in trial]; 3) reasonable attorney's fees; 4) costs of suit; and 5) such other and further relief as the court shall deem proper." 

thank
you
STATEMENT OF THE CASE
a clear and concise statement of the nature of the action

summary of the proceedings so far had

orders or decision issued in the case

matters necessary to an understanding of the controversy

Plaintiff-appellant Celia De Leon filed a complaint for damages against defendant-appellant Laura Casal before the Regional Trial Court of Manila in Civil case 45677 for falsely accusing her of stealing Casal's jewelry. Casal denied this charge in her answer and asserted a counterclaim for attorney's fees against De Leon for having filed an unjustified suit. after trial, the lower court rendered a decision, holding Casal liable in actual and moral damages for maligning De Leon. This prompted the latter to appeal the decision to this court.
References
Law Dictionary: How to Write a Legal Memorandum 
Fundamentals of legal writing (Abad)
http://www.wisegeek.com
http://sparkcharts.sparknotes.com
http://www.thefreedictionary.com
http://www.iep.utm.edu/argument/#H3
M.R. Franks, How to write a Legal Argument, 1998

ALCOY, Ma. Fatima
ALONZO, Alyssa Nadine
AMACIO, Anne Margarett
AQUINO, Christian Alain
BERNAL, Reiner Van Jey
CABITAC, Fernando III
CARINGAL, Elaine
DIOQUINO, Apriljo Frances
DIVIVA, Carlo Martin
EDQUILAG, Ryan James
FERNANDEZ, Hans Kristofer
Full transcript