COR JESU COLLEGE

College of Law
Sacred Heart Ave. Digos City
Province of Davao del Sur

LEGAL WRITING

Midterm Exam

I. Draft a legal opinion on the following scenarios.

One day you receive a letter from your friend from high school
who is now living with his family in Bocaue, Bulacan. The letter reads
as follows:

August 22, 2017

Atty. (You as the legal counsel)
Cor Jesu College, Legal Department
Sacred Heart Ave., Digos City,
Davao del Sur

Dear Attorney,

I am writing this letter because I want to file criminal charges against my

neighbors Jonas and Jaja for killing my son during the Singkaban Fiesta
Celebration here in our home town in Bulacan.

Last January 27, 2017, my neighbors Jonas and Jaja were having a
celebration and they were having a drinking spree at Jonas’ place. At around 10:00
in the evening by exploding their high-powered firecrackers in our neighborhood. I
know that Jonas has been keeping a long-time grudge against me in view of the
latter’s refusal to lend him some money.

I already interviewed some witnesses to that incident and they saw Jonas
started throwing lighted firecrackers inside my fence to irritate me and the same
exploded inside my yard. Upon knowing that the throwing of the super lolo was
deliberate, I furiously confronted them and sternly warned Jonas to stop his
malicious act or he would get what he wanted. After that we had a heated argument
with Jonas but Jaja tried to calm down Jonas.

At midnight, Jonas convinced Jaja to lend him his .45 caliber pistol so that
he could use it to knock down Jepoy and to end his arrogance. Jonas thought that
after all, explosions were everywhere and nobody would know who shot Jepoy.
After Jaja lent his firearm to Jonas, the latter again started throwing lighted super
lolos and pla-plas at Jepoy’s yard in order to provoke him so that he would come
out of his house. When Jepoy came out, Jonas immediately shot him with Jaja’s
.45 caliber gun but missed his target. Instead, the bullet hit Jepoy’s five year old
son who was following behind me, killing my son instantaneously.

My questions are whether Jonas and Jaja be held criminally liable for their
acts. I really want them to rot in jail. I am very hopeful that

As matter of fact, I already consulted a lawyer who is based here in Bulacan

and he advised me that Jonas and Jaja are not criminally liable because they had
no intention to kill my son. I’m not agreable with his advise. I know that I can seek
assistance from the Public Attorney’s Office but I would prefer to resolve this with
you directly. I hope you can help me in this.

Very truly yours

Jepoy Carandang