ATENEO DE MANILA LAW SCHOOLLEGAL WRITING, 1-E

CLOSED MEMO

Instructions: Prepare a Closed Memo, 3-5 pages long. Follow the format discussed in class and in the given samples. You are limited to the cases given in the packet. No other legal authority should be used. If you wish to type and print your Memo, you may do so within the time allotted, but you must prepare it in class.

Fact Pattern:

On August 21, 1981, Jason delos Santos, married his childhood sweetheart, Milani Valdez in Catholic Church rites. They begot four children, John, James, Jeffrey and Melanie. After 20 years of marriage, Jason and Milani agreed to separate from each other amicably. The children all remained with Milani.

A year after the physical separation, Milani met Paulo De Gracia and they fell in love. Milani went to see Jason to tell him that she will seek the annulment of their marriage but Jason refused to cooperate and told her he will oppose it all the way. Milani was forced to ask Paolo to be patient.

In the meantime, Jason met Batsheba Reyes and he was smitten. Within a month's time, they started living together. It was Jason's turn to ask Milani to agree to an annulment. Milani was aghast. She told Jason “never”.

Jason was not to be deterred. He consulted Atty. Martin and asked him to prepare a petition for nullity of his marriage with Milani on the ground of psychological incapacity.

Before the petition could be filed, however, Batsheba was found to be infanticipating. She insisted on marriage. Banking on Atty. Martin's advice that his marriage to Milani is void ab initio, Jason married Batsheba on October 10, 2010.

When Milani found out about the marriage and that Batsheba was expecting a child, she initiated a criminal complaint against Jason and Batsheba for bigamy before the Office of the City Prosecutor.

A warrant for the arrest of Jason was issued by the Regional Trial Court in the bigamy case. Atty. Martin filed the petition for nullity immediately and then filed a motion to suspend the proceedings in the bigamy case on ground of a prejudicial question.

As counsel for Milani, you are asked to determine whether Milani has ground to oppose the motion to suspend successfully under prevailing law and jurisprudence.