MEMORANDUM

This case, ito na yung sinasabi kong the parties, sinong parties lalagay sa body ng memorandum.

Complainant is the Chairmain of Cafeé Escudero and a corporation organized and existing under the Philippine
laws.

San mo naman kukunin sino si respondent? Respondent is of legal age, Filipino, married, a president at so and
so..

Those facts are already in the complaint and the counter.

Statement of Facts:
What is the case filed? In this case libel.

What is the declaration of the complainant?

On April 28, 2014, the respondent unlawfully, feloniously prepared posted and published at the Club _____ located
in Makati, an Advisory a copy of which contains malicious imputation of crimes which cause and continue to
cause dishonor.
That which the complainant feels that his right has been violated

What is a legal dispute?

Right
Allegation that right has been violated
Denial of such Violation

Sa tatlong ito dito iikot yung statement of the facts nyo. What are the facts that show the existence of the right,
the same has been violated and what is the denial of the other party. Nandun lagi sa statement of the facts yun.
(originated in the complaint and the counter)

Ito naman ang sagot nya, I strongly deny all the unfounded accusations which seeks to charge me with libel. The
allegations lacking substance and merit. Purpose of harassment. The respondent goes on by stating the elements
of libel. And the elements are lacking in this case.

If you are for the respondent-there are missing element. There is no probable cause.

Balik ka naman kay Complainant.instead of being equally objective In the information he disseminated
respondent made unnecessary detailed accusations which casts as Cafeé Escuder, officers and Complainant

Those imputations is deceitful, unjust unfair &unreasonable. The complaint lays down the elements of libel.

It is a basic principle in criminal law that the elements of the crime must all be present so that to conclude that a
crime has been committed….clearly, unfounded and unjustifiable. In this end we seek that this office merit
dismissal...

The parties

Complainant sha lalala filipino married…..

(multiple complainant multiple respondents)

Statement of the Antecedent Facts

Complainant Sha Lala is a chairman of the board of trustees, he continued to be a member thereof until. The
writer narrated what happened, as you can see this memo is for the respondent pero he started with the
complainant.
The following are the acts committed by Sha la la…

On Sept 24, 2014 the complainants filed a criminal complaint for violation of article 352 of RPC now, point of
view that the respondent. That does not mean that I will not say that I issued an advisory, this does not mean
because it is factual. But the narration of the facts has impression that it is libelous. It is ordinary, course of
business. How will you prove that the advisory is not libelous? That is why the narration started with the
narration of the advisory, is it truthful? Factual? What did the complainant do leading to the issuance of the
advisory?

For complainant? How will you narrate for the complainant? An advisory was issued you do not want to give a
background why the advisory was issued. From the point of view of the complainant, inissue mo yang advisory
nay an ito ang naging effect saakin.

From the point of view of the respondent, defensive ka, at the earliest opportunity, must present you have a
reason why you issued the advisory.

Statement of the Case

Oct 22, 2014 Respondent received a copy of subpoena during PI, Respondent for counsel timely submission CA

On Dec 2, respondent Joint CA

On Jan 6 Respondent oppositoio verbal objections

(Your exams is much simpler 4 paragraphs will do.

-------Hence the memorandum for the respondent. This is your last statement in the statement of the case.

Issues:
Main Issue: WON there is a probable cause.

Sub issues
1.WON the said advisory is defamatory/malicious
2.
3.

Discussion

Answer to the main issue:

Without a doubt there is no probable cause

1.Answer which favors you/point of view... For complainant: defamatory/malicious

2.
3.The content of the advisory is outright lie, fabrications, intended solely to besmirched the reputation of the
complainant

Hindi ko dapat Makita yang exact words nayan sa exams nyo ah alam ko kung sino nagrecord (hahaha)

(3-4 pages)

Closing Statement

Must be related to your prefatory statement which is probable cause. The subject advisory is not defamatory,
truthful justifiable, no clear victim…. Respondent is not the author, even if the any of the above exist, Advisory is
considered as qualified privilege communication. Meron siyang secondary defense.

Prayer

Lawyers

Since a memorandum is not an initiatory pleading, put copy furnish (cf)

Explanation