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Drafting An Inter-Office Memorandum

Mrs. X provided documents showing that she gave Beshy PHP 3 million as her capital share in their business venture in December 2019. Beshy issued a trust receipt acknowledging the obligation to remit PHP 300,000 monthly profits to Mrs. X and return the capital after one year. However, Beshy has failed to pay any amount due. Mrs. X sent a final demand letter in December 2020, but Beshy still did not pay. Based on the evidence, the law office has cause of action against Beshy for breach of contract and can file a civil and/or criminal case in court if she does not pay within 10 days.

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319 views2 pages

Drafting An Inter-Office Memorandum

Mrs. X provided documents showing that she gave Beshy PHP 3 million as her capital share in their business venture in December 2019. Beshy issued a trust receipt acknowledging the obligation to remit PHP 300,000 monthly profits to Mrs. X and return the capital after one year. However, Beshy has failed to pay any amount due. Mrs. X sent a final demand letter in December 2020, but Beshy still did not pay. Based on the evidence, the law office has cause of action against Beshy for breach of contract and can file a civil and/or criminal case in court if she does not pay within 10 days.

Uploaded by

chard apollo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DRAFTING AN INTER-OFFICE MEMORANDUM

Instructions:

Based on the given pieces of evidence below, draft an inter-office memorandum addressed to
your senior partner, on the cause of action that your law office has to take on the given case. (50
points)

Mrs. X came to your law office asking for legal assistance.  He provided you with the following
documents:
 
1. Self-written complaint
 

I, Mrs. X, Filipino citizen, of legal age and a resident of Tarzan Street, Linao East,
Tuguegarao City, states that:

      I personally know Beshy for being my longtime friend and business partner;

One day in December 2019, Beshy came to my house and proposed to me a


business venture of buying and selling palay and corn;

Beshy enticed me to give her the amount of Three Million Pesos


(Php3,000,000.00) as my capital share in the business and for her to give me Three 
Hundred Thousand Pesos (Php300,000.00) monthly as my share in the profits;

At first, I was hesitant because that was a big amount of money, but Beshy
promised to abide by her obligation to remit to me my share of the profits regularly and
she simultaneously issued a trust receipt in my favor;

I was finally convinced to entrust her the amount after her assurance to return the
same after one year;

Up to this time however, Beshy failed and continuously refuses to return my


money and she never gave me any amount as my share in the profits realized by the
business, in spite of several demands.

2. Trust Receipt

            I, Beshy, Filipino citizen, of legal age, married and a resident of Barok Street,
Sampitaw, Luna, Apayao, received in trust from Mrs. X, the amount of Three Million
Pesos (Php3,000,000.00), as trustee for our business venture, with the obligation to remit
the proceeds of Php300,000.00 monthly, and to return the money on or before December
2020 to her.
Failure on my part to comply with my obligation will entitle Mrs. X to proceed
with any legal appropriate action against me.

    This 15th day of December 2019 in Tuguegarao City, Cagayan.

BESHY                      
                                        Recipient/Trustee

3. Final Demand Letter


                       

December 23, 2020

 
           BESHY
Barok Street, Sampitaw
            Luna, Apayao

           Dear Mrs. Beshy:

This has reference to the amount of Three Million Pesos (Php3,000,000.00) you
received from me covered by a Trust Receipt dated December 15, 2019, but which you
failed to remit upon due date in spite of repeated oral demands for you to do so.

In this connection, I am asking you to make good your obligation by remitting the
amount within the period of ten (10) days from receipt of this letter.  Your failure to do so
will constrain me to file the appropriate civil and/or criminal charge against you in court.

I trust your priority on the matter to avoid the rigors and expenses in court
litigation which may include additional charges and other damages.

Consider this as my last and final demand for you to settle your money obligation
to me the soonest.

 
Very truly yours,

 
MRS. X
Tarzan Street, Linao East,
Tuguegarao City

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