SURIGAO DEL SUR STATE UNIVERSITY

College of Law
Course Syllabus for 1st Semester
SY 2020-2021

Course Code : LAW 171

Course Title : Legal Writing
Credit : 2 Units
Instructor : Atty. Dawn Hugies E. Bandoy
attydheba@gmail.com

Course Description:

Legal Writing is a two-unit (2-unit) course, which aims to provide

students with contemporary and effective legal writing techniques. It
involves analysis of fact patterns and presentation of arguments. The
modern concept of legal writing advocates straight thinking, which is a skill
every lawyer aspirant should possess and perfect. This course includes topics
on how to appreciate legal doctrines, practice legal reasoning, and ensure
correct grammar and citation. Also, it aims to introduce students to the legal
language and written forms (templates); and provide students with
techniques in writing effective case digests, persuasive and analytical legal
opinions, and memoranda.

Course Objectives:

After taking this course, the student will be able to:

1. Understand the characteristics and structure of legal writing, common
errors made in legal writing, and the importance of detailed writing;
and
2. Create basic legal documents of correspondence, transactions, and
memoranda, including the use of correct citation format.

References:

• Aquino, David. Legal Writing, Central Book Supply, Inc., Quezon City,
Philippines, 2015.
• Tabucanon, Gil Marvel P., and Mockon, David A. Legal Writing, Rex
Book Store, Manila, Philippines, 2018.
• Fundamentals of Legal Writing, R. A. Abad and B. B. Abad-Gamo, REX
Printing Company, Inc., Quezon City, Philippines, 2014.

Classroom Rules:

1. Attendance will be checked at the beginning of every meeting.

2. Recitation may be conducted, thus, students are expected to come to

class prepared and to have read the materials scheduled to be covered
during the meeting.

3. A student who is called to recite is expected to close his book during

his recitation.

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Atty. Dawn Hugies E. Bandoy Page 1 of 4

 4. Electronic gadgets are not prohibited during class hours BUT

RECORDING OF LECTURES ARE STRICTLY PROHIBITED. A student is
expected however, to turn off his mobile phones or to put them into
silent mode as soon as he steps into the classroom. If the student
expects a call during the meeting, he can take the call by discretely
leaving the classroom. Laptops, tablets, and other similar electronic
devices, are not, likewise prohibited but the students who are called to
recite should close their gadgets, notes, and books for the duration of
their recitation. The same rule applies to mobile phones that serve as
data storage.

5. Any student may discretely leave the classroom if and when absolutely
necessary. When a student is not in the classroom when called for
recitation, he will be given a grade of 5.

Additional Rules for Online Classes:

1. For online sessions, attendance will be checked within the first five
minutes of the class, so students are expected to log in and join the
Videocon at least 10 minutes before the scheduled time. Make sure
you are logged in using your TRUE AND COMPLETE NAME in the
following format:

(SURNAME, First Name, M.I.)

2. We will be utilizing both Google Classroom and Google Meet as tools

for communication. G-Classroom will be where documents and
announcements, along with the questions for the written recitations,
will be posted. G-Meet will be used for classes held through
videoconferencing (link to every call will be posted in the G-Classroom
at least 15 minutes prior to the class schedule).

3. Automatically mute yourself upon joining the Videocon (through G-

Meet) and avoid using false backgrounds for your videos.

Grading System:

Recitation - 20%
Midterm Exam - 40%
Final Exam - 40%
100%

COURSE OUTLINE
I. Introduction
1. What is Legal Writing?
2. Importance of Legal Writing
Cayetano vs. Monsod, G.R. No. 100113, September 03, 1991
3. Kinds of Legal Writing
Informative
Persuasive
Functional
4. Legal Writing in Plain and Clear Language
Legalese and Word Choice
Technical Language
Common Foreign Phrases or Legal Maxims

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 Causing v. Commission on Elections, G.R. No. 199139, [September 9,

2014], 742 PHIL 539-557
Griffith v. Court of Appeals, G.R. No. 129764, [March 12, 2002], 428
PHIL 878-892
In re Medado, B.M. No. 2540, [September 24, 2013], 718 PHIL
286-294

II. Characteristics of a Good Writing

Yangson vs. DepEd, G.R. No. 200170, June 03, 2019
1. Clarity
Grammar and Usage
Dangling Modifiers
Repairing Fragments
Prepositions
Sentence Structures & Styling
Dealing with Run-ons and Comma Splices
Punctuations
Active Voice
2. Conciseness (Simplicity)
Legal Affectations to Avoid
3. Correctness (Persuasive)
Rule-based Reasoning
Analogical and counter-analogical Reasoning
Policy-based Reasoning
Del Socorro vs. Van Wilsem, G.R. No. 193707, December 10, 2014
Narrative Reasoning
4. Logic and Fallacy
Formal or Deductive
Fallacy of the Illicit Major (Hasty Generalization)
Samahan ng mga Progresibong Kabataan v. Quezon City, G.R. No.
225442, [August 8, 2017], 815 PHIL 1067-1174 (see separate opinion
of Justice Leonen)
Fallacy of the Illicit Minor
Fallacy of the Undistributed Middle
Informal or Inductive
Ad Hominem
People v. Cortez, G.R. No. 131924, [December 26, 2000], 401 PHIL
886-905
Mane v. Belen, A.M. No. RTJ-08-2119 (Resolution), [June 30, 2008],
579 PHIL 46-60)
Ad Hominem Tu Quoque
Appeal to Authority (ad verecundiam)
Appeal to Belief (Appeal to Popularity)
Appeal to Common Practice
Appeal to Consequences of a Belief
Appeal to Emotion
Appeal to Fear (Ad Baculum)
Appeal to Flattery
Appeal to Novelty
Ad Misericordiam (Appeal to Pity)
Appeal to Ridicule
Appeal to Spite
Appeal to Tradition
Bandwagon (Ad Numerum)
Petitio Principii (Begging the Question)
Biased Sample
Burden of Proof
Circumstantial ad Hominem
Composition
Confusing Cause and Effect
Division
False Dilemma
Gambler’s Fallacy
Genetic Fallacy
Guilt by Association
Two Wrongs Make a Right Fallacy
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 III. Writing Techniques

1. Making Outlines
2. Presentations
3. Point of View
4. Purpose and Audience
5. Tone and Style
6. Formats
a) Parts of a Pleading (Rule 7 & 8, Revised Rules of Court)
b) Noncompliance with rules
c) Allegations, how made
7. Content
a) Law
b) Jurisprudence
8. Spotting Ratio Decidendi
a) Article 8, New Civil Code
b) Tanada vs. Tuvera, 146 SCRA 446
9. Reading Arguments Critically
a) Alanis vs. Court of Appeals, et. al., G.R. No. 216425, November 11, 2020.
b) Samahan ng mga Progresibong Kabataan v. Quezon City, supra.
c) Oposa v. Factoran, Jr., G.R. No. 101083, [July 30, 1993].
10. Case Digests
11. Ponente
12. Guidelines from The Manual of Judicial Writing
a) Numbers
b) Dates
c) Abbreviations
d) Capitalizations, Italics, Bold, and Underscore
13. Citation & Avoiding Plagiarism
In the matter of the charges of Plagiarism, etc. against Associate Justice
Mariano C. Del Castillo, A.M. No. 10-7-17-SC, 2010.
14. Efficient Use of Paper Rule (A.M. No. 11-09-4-SC)

IV. Writing Process and Output

1. Objective Legal Analysis
2. Persuasive Legal Analysis
3. Written Outputs
3.1. Legal Essay
3.2. Affidavits
3.3. Judicial Affidavit (A.M. No. 12-808-SC)
3.4. Legal Opinion
3.5. Legal Memorandum
3.6. Legal Correspondence
3.7. Annotations and Articles

Prepared by: Checked and Reviewed:

THE OFFICE OF THE COLLEGE OF LAW ATTY. DANIEL L. DIAZ

Interim DEAN, College of Law

Recommending Approval: Approved:

EVELYN T. BAGOOD, Ph.D. RAMEL D. TOMAQUIN, Ph.D.,

DPA
Director for Curriculum and Development Vice President for Academic Affairs

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