LEGAL WRITING AND RESEARCH
FINAL EXAM
This examination is composed of 6 questions only, 5 of which shall be answered in the
traditional bar type answering format and 1 for the LEGAL MEMORANDUM drafting.
A simple YES or NO without any explanation or legal basis shall not be considered as
a point-deserving answer. Do not leave any questions unanswered or blank; write on
the booklet NO ANSWER on the specific item number if you do not have any answer
for such question. Follow the format of written bar examination by leaving the first
page blank, answering each item number on separate pages and write your name and
section at the back of the last page of the booklet. Examinees who fail to follow this
instruction shall be considered DISQUALIFIED.
Above all, CHEATING shall not be tolerated and be warranted a grade of 5.0
automatically.
I (10 points)
Explain in detail what are the steps in the Systematic Approach towards Legal
Research.
II (10 points)
The Samahan ng Magbubukid ng Silangang Barangay (SMSB), a duly registered
farmers' association, owns an agricultural land in San Isidro, Nueva Vizcaya. In 2020,
the SMSB entered into a 25-year Contract of Lease over the land with Progressive
Planters Inc. (PPI), a domestic corporation engaged in agricultural production and
export.
In 2021, Filomena Reyes, the newly-elected President of SMSB, discovered that the
land had actually been previously donated to SMSB in 1980 by the Matandang
Samahan ng Magsasaka (MSM), subject to a perpetual condition that the land shall
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only be used for sustainable farming methods employing traditional practices. She also
found out that some SMSB officers had received substantial money from PPI in
exchange for consenting to the lease.
Alarmed, Reyes immediately sent a letter to PPI terminating the Contract on the
ground that it violates the donative condition on land use. PPI refused to vacate,
claiming that the contract is valid and they had already invested PhP20 million in
planting high-yield crops through modern agricultural technologies. Accordingly, the
constitution itself protects them from such termination because of there was no Due
Process accorded to them.
Meanwhile, Juan dela Cruz, a member of SMSB, filed a derivative suit against the
former SMSB officers for damages arising from the anomalous lease contract procured
through corruption and betrayal of public trust as cited a Jurisprudence on the case of
Ang Luma vs. Mataimtim (G.R. 412592). The former officers raised the defense that
dela Cruz had no legal standing as an ordinary member. They also argued that the suit
had already prescribed.
As a lawyer, what are the different sources used for Legal Research and discuss which
of them should be accorded more weight by the courts?
III (10 points)
Discuss elaborately what is the role of Legal Research in an effective Legal Writing.
IV (10 points)
A. A bill was introduced in the House of Representatives in order to implement
faithfully the provisions of the United Nations Convention on the Law of the Sea
(UNCLOS) to which the Philippines is a signatory. Congressman Pat Rio Tek
questioned the constitutionality of the bill on the ground that the provisions of UN
CLOS are violative of the provisions of the Constitution defining the Philippine
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internal waters and territorial sea. Do you agree or not with the said objection?
Explain.
B. Describe the following maritime regimes under UNCLOS
(a) Territorial sea
(b) Contiguous zone
(c) Exclusive economic zone
(d) Continental shelf
V (10 points)
Petitioner was charged with violating the Anti-Violence Against Women and Their
Children Act. The Information filed against him stated that he committed acts of
psychological abuse upon his wife by having an extramarital affair and fathering three
illegitimate children with his paramour. During the trial, the prosecution presented
three witnesses, including the private complainant AAA but not one of them is a
psychologist or expert witness.
A. Should the petitioner be found guilty thereof even without an expert witness?
Explain.
B. What are the three forms or types of abuse punishable under the VAWC?
VI (50 points)
Draft a Legal Memorandum on your 2 nd assigned case.
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