ANSWERING THE LEGAL WAY

HANDWRITING – ENGLISH – FORMALITY

PRESENTATION – RESPONSIVENESS - LOGIC

ATTY. ANTONY J. PARREÑO

ENGLISH
ENGLISH

 Proper grammar and spelling are expected

from law students: (a) subject should agree
with their predicate; (b) distinguish verb,
noun, adverb and adjective from each other,
and plural from singular, among others.
ENGLISH

 Keep it short and simple. Avoid using

highfalutin words and being legalese. law
students should know when to use legal
jargons or when to use basic English.

 Answers should demonstrate assertiveness

and confidence.
FORMALITY AND
PRESENTATION
FORMALITY AND PRESENTATION

 It is suggested to maintain a third-person

orientation.
Q: AAA filed an action for Unlawful Detainer against BBB
over a parcel of land in the City of Manila. BBB failed to file
an answer within the period provided in the Rules. Hence,
AAA filed a Motion to Declare Defendant in Default. If you
were the Judge, rule on the motion of AAA.

First Person:
If I were the Judge, I will deny the motion because it is a
prohibited motion.

Under the Rules on Summary Procedure, a Motion to Declare

Defendant in Default is a prohibited pleading.
Q: AAA filed an action for Unlawful Detainer against BBB
over a parcel of land in the City of Manila. BBB failed to file
an answer within the period provided in the Rules. Hence,
AAA filed a Motion to Declare Defendant in Default. If you
were the Judge, rule on the motion of AAA.

Third Person:
The motion should be denied because it is a prohibited
motion.

Under the Rules on Summary Procedure, a Motion to Declare

Defendant in Default is a prohibited pleading.
FORMALITY AND PRESENTATION

 A question requiring an enumeration or

distinction should begin with a formal
statement.
Enumeration
Q: Enumerate the requisites to stay the immediate execution
of a judgment in favor of the plaintiff in an Unlawful
Detainer case. (5%)

The requisites to stay the immediate execution of judgment in

an Unlawful Detainer Case are the following:

(a) the perfection of an appeal;

(b) the filing of a supersedeas bond; and
(c) the deposit of the rentals due during the pendency of
the case.
Distinction
Q: Distinguish Petition for Certiorari from Petition for Review
on Certiorari.

Petition for Certiorari may be distinguished from a Petition

for Review on Certiorari as follows:

(a) the Petition is governed by Rule 65 of the Rules of

Court, while the Petition for Review is governed by Rule 45
of the Rules of Court; and
(b) the Petition is a Special Civil Action, while the Petition for
Review is a mode of appeal.
FORMALITY AND PRESENTATION

 It is also suggested that law students should

observe the basic answering formats, based
on which they are accustomed or comfortable
in using.
Q: AAA, in his extra-judicial confession, confessed that he
committed the crime of Murder with the help of his friend,
BBB.

During Preliminary Investigation, BBB denied participation,

and invoked the Rule on Res Inter Alios Acta. Decide. (5%)
Four Paragraph Rule (A-L-A-C)
The defense is not correct.

Jurisprudence provides that the invocation of the Rule on Res

Inter Alios Acta is not proper during preliminary investigation
because the technical rules of evidence do not strictly apply in
said proceeding.

Here, BBB’s invocation of the Rule on Res Inter Alios Acta

should not be considered in the determination of probable cause
against him. Said rule may only be invoked during trial, where
the technical rules of evidence strictly apply. Hence, the defense
is not correct.
Three-Elements in Three Paragraphs Rule (C-L-A Format)

The defense is not correct.

Jurisprudence provides that the invocation of the Rule on Res

Inter Alios Acta is not proper during preliminary investigation
because the technical rules of evidence do not strictly apply in
said proceeding.

Here, BBB’s invocation of the Rule on Res Inter Alios Acta

should not be considered in the determination of probable cause
against him. Said rule may only be invoked during trial, where
the technical rules of evidence strictly apply.
Two Paragraph Rule (CL-BL Format)

The defense is not correct because the technical rules of

evidence do not strictly apply during preliminary investigation.

Jurisprudence provides that the invocation of the Rule on Res

Inter Alios Acta is not proper during preliminary investigation
because the technical rules of evidence do not strictly apply in
said proceeding.
One Paragraph Rule

The defense of BBB is not correct because the Rule on Res

Inter Alios Acta cannot be properly invoked during preliminary
investigation, inasmuch as the technical rules of evidence do not
strictly apply in said proceeding, as provided by jurisprudence.
RESPONSIVENESS AND LOGIC
RESPONSIVENESS AND LOGIC
 The problems encountered on issue
identification will certainly affect law
students’ responsiveness to the legal question.

 law students should be able to identify the

principal issue of the legal question and to
provide a viable legal conclusion thereto.
Q: Senator AAA was charged before the Sandiganbayan for
allegedly acquiring ill-gotten wealth amounting to Forty-Five
Million Pesos (Php45,000,000.00). He moved to dismiss the
case on the ground of inordinate delay because it took the
Ombudsman ten (10) years to file the Information against
him, without any justifiable reason. Rule on his Motion.
Unresponsive Answer

The charge against Senator AAA is not proper because the

crime charged against him does not constitute plunder.

The Plunder Law, as amended, provides that the acquisition

of ill-gotten wealth should at least amount to Fifty Million Pesos
(Php50,000,000.00) to be considered as plunder.
Responsive Answer

The case should be dismissed because the Senator’s

constitutional right to speedy trial was violated inasmuch as the
preliminary investigation conducted took ten years without any
justifiable cause.

Jurisprudence provides that a period of ten years, without

any justifiable reason, constitutes inordinate delay, which
violates the constitutional right to speedy trial.
RESPONSIVENESS AND LOGIC

 The conclusion should be always be

supported by applicable laws and
jurisprudence.

 Flow of discussion must be clear, systematic

and consistent.
THANK YOU AND GOOD LUCK!