c.

To place a strong element at the end of

LEGAL WRITING the sentence for emphasis
ATTY. MAUREEN PATAJO d. When you want to muddy the waters
CB_Reviewer 8. Avoid gaps between subject, verb, and object
To make your writing easier to understand, most of
your declaratory sentences should follow normal
REVIEW ON PLAIN ENGLISH english order: Subject - Verb – Object
1. Omit surplus words
Work on lessening the glue words Example: 
a. Working words – those that carry the Gap - This agreement, unless revocation has
meaning of the sentence occurred at an earlier date, shall expire on
b. Glue words – holds the working words November 1, 2020.
together to form a proper, grammatical Closed - Unless sooner revoked, this agreement
sentence expires on November 1, 2020.
Example:
Original – (A) trial jury (was) requested (by the) 9. When necessary, make a list
defendant. a. Items in the list must be parallel in
Improved – The defendant requested a jury substance
trial. b. Items must be parallel in grammar

2. Avoid compound construction 10. Use strong nouns and verbs

Use simple words instead Example: He walked quickly – He dashed
a. Compound construction – three or four
words to do the work of one or two words 11. Split long sentences
Example: a. Lists of basic information - if facts do not
- At that point in time. (Then) have a strong connection, there is little to
- For the purpose of. (To) be gained by making them all one
- Inasmuch. (Since) sentence
- In favor of. (For) b. Sentences beginning with although,
- In order to. (To) because, despite, etc. - sentences
- In the event that. (To) including two separate ideas with a
specific relationship 
3. Avoid word-wasting idioms c. Timeline or disease progression - proper
Do not add meaning to the words use or transition words and/or clear
VERBOSE CONCISE sentence subjects can keep the process
The fact that she died Her death united as a single concept
Despite the fact that Although
In many cases you will Often you will find 12. Maintain consistency in verb tenses
find Take note of past, future, and present tenses
That was the situation There the court
in which the court 13. Avoid overstating your argument
Can undercut an argument if used
4. Focus on the Actor, the Action, and the Object
Sentence becomes stronger and shorted Example:
Original: I’m completely certain that the current
5. Use base words, not nominalizations economic climate is definitely going to lead to a
Sentences become stronger and shorter recession.
a. Nominalizations – base verbs turned into Improved: Evidence shows that the current
nouns economic climate will likely lead to a recession, as
Example: Complain to complaint evident in the fact that

6. Prefer the active voice LEGAL WRITING

a. Active – subject acts upon the verb 1. Understanding legal writing
b. Passive – subject is the recipient a. Scope
Example: i. As a student - case digests,
Active – The union filed as complaint. answering exams
Passive – A complaint was filed by the union. ii. As a lawyer - pleadings,
motions, oppositions, replies, rejoinders,
7. When to use passive voice memoranda
a. When things done is important iii. As a judge - decisions and
b. When you want the subject of the reasons for the decision, announcement of
sentence to connect with words at the end result
of the preceding sentence a. Purpose

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 i. Identify and put together facts
on which the issues of the case will be 1. Parts of a traditional form of a decision
decided a. Case title (include ponente)
ii. Find the law or rule (i.e., Republic of the Philippines vs. Court of
statute law and case law or jurisprudence) Appeals and Roridel Molina, G.R. No.
that applies to the case given the nature of 108763, February 13, 1997
the legal dispute involved Panganiban, J. (En Banc Decision)
iii. Correctly identify the issue or
issues of the case b. Facts of the case
iv. Help pack power into your  Events between the parties during the
arguments litigation
v. Show how to edit your work,  How the case came to the court before
tighten your sentences, and make your deciding it
writing come through to your reader clearly  Include actions and basis of the plaintiff
vi. Help write better and defendant
 Include rulings of the MTC RTC and CA
2. Understanding legal dispute whether they are affirmed or reversed
a. Definition c. Arguments of the parties
i. Exists when one party d. MTC decision if applicable
complains of a violation of his right by e. Action of the party
another who, on the other hand, denies f. RTC decision
such violation g. CA decision
ii. It is the denial that tenders a h. Action of the party
legal dispute i. SC issues
iii. An alleged violation of a legal  Question court must decide to resolve on
right and a denial of such allegation j. Discussion per topic raised in the decision
b. In criminal cases k. Dispositive portion
i. State’s claim that the accused  “fallo”
has violated its right to compel obedience  What actually constitutes the
to its laws and in the latter’s denial of the resolution of the court and which is the
claim during his arraignment subject of execution
 Other parts of the decision
3. Significance of legal dispute in legal writing may be resorted to determine the ratio
a. You cannot properly end a dispute decidendi
without knowing what it is
b. Resolution of the dispute ends it 2. Minimum elements of a brief
c. Incorrectly identifying a dispute a. Facts – contains the name of the case and its
contributes nothing to its termination parties, what happened factually and
procedurally, and the judgment
4. Legal dispute and the principal issue b. Issue – what is in dispute
a. The legal dispute, recast in the format c. Holding – the applied rule of law
of an issue, provides the principal issue in d. Rationale – reasons of the holding
every case
3. Other elements that may be included
5. Importance of principal issue a. Dicta – commentary about the decision that
a. A case is decided for or against based was not the basis for the decision
on the issue b. Dissent – if a valuable dissenting opinion
b. The significance of every argument is exists, the dissent’s opinion
judged by its relevance to the principal issue c. Party’s arguments – opposing argument
concerning the ultimate issue
DRAFTING YOUR CASE BRIEF d. Comments – personal commentary
− Functions as a tool for self-instruction and
referencing 4. Facts may also be divided into the following:
− “Cheat sheet” for class participation a. Facts of the case
− Elements included in the brief depend upon i. What actually happened
the need of the maker ii. The controversy
− Tool intended for personal use b. Procedural history
− Reminder of the important details that make i. What events within the court system
the case significant in terms of the law led to the present case
− Process of summarizing a case and putting it ii. Important to civil procedure cases
into your own words within a brief provides for an c. Judgment
understanding of the law and of the case that i. What the court actually decided
cannot be gained through the process of
highlighting or annotating
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 ii. Factual determination by the court, in
favor of one party, such as “affirmed”,
“reversed”, or “remanded”
iii. Holding is different in a sense that it is
the applied rule of law that serves as
the basis for the ultimate judgment
5. Extracting the relevant information
a. Include in the brief whatever is relevant
b. What is relevant to the judge to make his
decision is not always relevant for you to
include in the brief
c. Memory aid
d. Facts
i. Necessary to remind you of the story
ii. Dispositive of the decision in the case
e. Issue and conclusion
i. Distinguish the issues from the
arguments made by the parties
ii. One for which the court made a final
decision and which are binding
f. Rationale
i. Basic reasoning that the court used to
come to its decision and the key
factors that made the decision favor
one side or the other
g. Annotating cases
i. Mark off different sections to allow you
to clear your thoughts and providing
an invaluable resource when briefing
and reviewing
ii. Reference the original case in order to
reread dicta that might not have
seemed important at the time, to
review the complete history or set of
tasks easier
iii. Provides a road map for the important
sections
iv. Textual markings and margin notes
will refresh your memory and restore
specific thoughts you might have had
about either the case in general or an
individual passage
v. Medium for personal comments which
helps you remember forgotten
thoughts and random ideas
h. Highlighting
i. Makes case easy to digest, review,
and use to extract information
ii. Takes advantage of colors to provide
a uniquely effective method for
reviewing and referencing a case
iii. Include those that represent the
needed information for your brief
iv. Color code
THE LEGAL WRITING PROCESS
Introduction
- Legal research, analysis and writing are all related  Memoranda
- Each are designed to answer the legal questions
and lead to the resolution of disputes
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- Legal writing - last step wherein the legal research
and analysis are assembled in a written form to
record and communicate the answer
Importance of writing skills
- Produce finished product in a shorter period of
time which results to greater productivity and
enhanced value to the firm
- Affects the quality of a written product
- Avoid miscommunication
- Legal research and analysis are meaningless if the
results cannot be communicated clearly and
concisely
Goal of legal writing
- To convey legal information clearly, concisely, and
completely in a manner that accomplishes both the
following:
 Addressing the topic fully in as few words as
possible
 Emphasize your points quickly
 Allowing the reader to gain a clear
understanding of the information in as little
time as possible
 Quicker time to decide
- The two points should be read in isolation
Legal writing process
- Organized structure 
- Helps develop writing skills, and facilitate the
conduct of research and analysis
- Helps provide the means for organizing legal
analysis and research material
- Provides a framework that helps capture ideas and
record them in their proper place
- Provides a stepped approach in order to overcome
difficult areas of writing
- Not absolute, but essential to adopt some
Pre-writing stage
- The stage where the assignment is organized,
researched, and analyzed
 Assignment
 Identification of the type and purpose of
the writing assignment
 Is the assignment clearly understood?
i. Understand the task that is
given
ii. Ask rather than perform the
wrong task
 What type of legal writing (document)
is required?
i. Each type of legal document
has a different function and
different requirement
Law Office Research and analysis of the law
Legal Research applicable to a case. It is designed to
and Analysis inform the reader of the results
Correspondenc Demand letters, settlement proposals,
e notices of events, etc.
Court Briefs Document filed with the court that
contains an attorney’s legal argument
and the legal authority in support.
 5. Include in the outline a reference to or some
Trial Court Briefs notation for transition sentences
 Submitted to a trial court
 Presents the legal authority  Use
and argument in support of a i. Value of an outline is
position advocated by an attorney determined by its use
ii. Of greatest value when actively
Appellate Court Brief integrated into the prewriting
 Submitted to a court of stage
appeals iii. Invaluable guide
 Presents the legal analysis, iv. Integrated use of an outline in
authority, and argument in support
the prewriting stage simplifies
of a position that lower court’s
decision or ruling was either the writing stage
correct or not - Use of an outline in the pre-writing stage
Step 1 Convert the outline into a usable form -
 Who is the audience? expanded outline.
i. Reader’s ability to understand  Allows integration of all research,
the writing will depend on the analysis, and ideas into an
legal sophistication of the reader organized outline structure while
and the manner in which the research and analysis are
document is written conducted
ii. Ensures that the legal  Facilitates preparation of a rough
communication is crafted in a draft
manner commensurate with the Step 2 Integrate all research, analysis, and ideas
ability of the reader to into the outline while you are conducting
understand the contents research and analysis.
 Constraints
 Time Writing stage
 Length - Actual drafting
 Format/Organization - Assemble to a written product
 Organization  Guidelines:
 Outline: skeletal structure and  Prepare the writing location
organizational framework of a writing  Write during the time of day when you do
 Value your work best
i. Organize ideas and prepare an  Limit interruptions
approach   Begin writing; do not procrastinate
ii. Think through all aspects and  Begin with a part of the assignment you
take a global view feel most confident about
iii. Saves time  Do not try to make the first draft the final
iv. Provides an organized draft
framework for the structure of  Do not begin to write until you are
the assignment and for prepared
conducting research and  If you become stuck, move to another part
analysis of the assignment
v. Breaks complex components  Establish a timetable
into manageable ones
 Creation Post-writing stage
i. Prepare a skeletal framework - Revising and editing
ii. Should provide an overall  Revising
picture of how all the places  Review all initial drafts to improve quality
relate and fit to each other and clarity
 Is the writing well organized?
NOTE:  Is the writing well organized?
1. Keep the facts and issues of the assignment  Is it written in a manner the audience
in mind while developing the outline will understand?
2. Be flexible when creating and working with  Is the writing clear? Does it make
an outline sense?
3. Do not be surprised if it is necessary to  Is the writing concise? Are there extra
reorganize the outline as a result of the words that can be eliminated?
research  Is the writing complete? Are all the
4. The basic organizational format for most aspects of the assignment covered?
legal writing that requires legal analysis is  Are the legal authorities correctly
IRAC format (issue-rule-analyze-conclusion) cited?

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  Editing
 Focuses on technical writing issues
 Be prepared to edit several times
 Read the document aloud
 Ask a colleague
- Plagiarism and rules on citation
CASE: Vinuya vs. Romula, G.R. No. 162230, April
28, 2010
Facts: An original petition for certiorari under Rule
65 of the Rules of Court with an application for the
issuance of writ of preliminary injunction against the
Office of the Executive Secretary, the Secretary of
DFA, and the Secretary of DOJ, and the OSG.
Petitioners are all members of the MALAYA LOLAS
which were established for the purpose of providing
aid to the rape victims of the Japanese Military
during World War II.
They claimed that since 1998, they have
approached the Secretaries of DFA, DOJ, and OSG,
requesting assistance in filing a claim against the
Japanese officials and military officers who ordered
the establishment of the “comfort women” in the
Philippines. However, the officials of the executive
departments declined their request arguing that the
claims for compensation had already been satisfied
by the compliance to the Peace Treaty between
Japan and the Philippines.  injunction, to conduct our foreign relations with
Petitioners pray that the Court reconsider its April
28, 2010 decision, and declare:
1. That the rapes, sexual slavery, torture, and
other forms of sexual violence committed
against the Filipina comfort women are
crimes against humanity and war crimes
under customary international law;
2. That the Philippines is not bound by the
Treaty of Peace with Japan, insofar as the
waiver of claims is concerned;
3. The Secretary of Foreign Affairs and the
Executive Secretary committed grave abuse
of discretion in refusing to espouse the
claims; and
4. That the petitioners are entitled to the
issuance of writ of preliminary injunction
against the respondents
They also stressed that it was highly improper for
the April 28, 2010 decision to lift commentaries from
at least 3 sources with improper attribution and
make it appear that such commentaries supported
its arguments for dismissing the petition.
The respondents disagree with the petitioners and
stated in their comments the following:
1. The alleged plagiarism were already lodged
with the Committee on Ethics and Ethical
Standards; hence, it should not be
discussed herein
2. A writ of certiorari did not lie in the absence
of grave abuse of discretion amounting to
5|Page
lack or excess of jurisdiction. The failure to
show any arbitrary or despotic act on the
part of respondents made the relief
unwarranted
3. The Waiver Clause in the Peace Treaty
bound the Philippines. 
4. Individuals did not have a direct
international remedy against any State that
violated their human rights except where
such remedies are provided by an
international agreement. The formal apology
and the reparation of the Government of
Japan are sufficient to recompense the
petitioner’s claim.
Ruling: Motion for reconsideration and
Supplemental Motion for reconsideration denied for
being devoid of merit.
Held: The Constitution has entrusted to the
Executive Department the conduct of foreign
relations for the Philippines. Whether or not to
espouse petitioners' claim against the Government
of Japan is left to the exclusive determination and
judgment of the Executive Department. The Court
cannot interfere with or question the wisdom of the
conduct of foreign relations by the Executive
Department. Accordingly, we cannot direct the
Executive Department, either by writ of certiorari or
Japan in a certain manner.
 Rule 10 of the Code of Professional
Responsibility
 Canon 10: A lawyer owes candor,
fairness, and good faith to the Court
 Rule 10.1 - A lawyer shall not do any
falsehood, nor consent to the doing of any
in Court; nor shall he mislead, or allow the
Court to be misled by any artifice.
 Rule 10.02 - A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of
opposing counsel, or the text of a decision
or authority, or knowingly cite as law a
provision already rendered inoperative by
repeal or amendment, or assert as a fact
that which has not been proved.
 Rule 10.03 - A lawyer shall observe the
rules of procedure and shall not misuse
them to defeat the ends of justice.
GETTING THE FACTS OF THE CASE
Facts of the case
- Getting a complete understanding of what the case
is about in every angle
- Studying the position of the client as well as that of
the opponent
Random notes vs. Summary
- Random notes:
 Often uncorrelated write downs
  Does not give a complete picture of the case
material
 Usually useful only in one sitting
 Cannot be used as a permanent catalogue of
the facts that you want to go back to
repeatedly at various stage of the proceeding
since meaning may be lost after a long
duration
- Summary:
 Systematically prepared notes that
adequately capture the entire factual image of
the case
 Important points are properly marked
 Serves as a detailed map and guide in
negotiating your way through the dispute
involved
 Compress information needed
 Compels the writer to assess the importance
of the statement in the issue
 Take out non-essential facts from the written
material and leave only the essential ones
Facts seen through the issue
- Key to pre-work is to identify preliminarily the
principal issue or issues involved in the case
- Identifying the issue is necessary to extract the
relevant facts from the material
- Not knowing what to look for, different people tend
to get different impressions out of the same
material read
- Example:
 In discussing the constitutionality of an
ordinance, the particular no, section and place
of the ordinance are not necessary.
Cluttered facts
- Raw materials are often filled with details that are
not connected to the issue
- Many items can be omitted which will not affect the
essence of the story
Facts set in sequence
- Putting events in order helps get rid of irrelevant
matters
- When the sequence of events is in disarray, the
writer is likely to get confused
- Keep in mind how the story logically begins
- Benefits of arranging facts in sequence:
 It is easier to understand since it follows a
natural order or logic
 You see how each fact relates to or connects
with others. Each fact acquires deeper
significance when viewed along with related
facts.
 You would be able to see clearly the areas
where the respective versions agree and
disagree thus furnishing you with balanced
appreciation of each opposing claim.
 It helps prepare you for the work of writing up
the facts of the case.
 It helps create a compact index to the facts of
the case.
KNOWING THE APPLICABLE LAW OR RULE
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Source of law or rule
- General sources of laws and rules:
 Statute law – consists of laws and rules
enacted by duly constituted rule-making
authorities
 Case law:
 Consists of decisions of courts and
persons or agencies performing judicial
functions
 These decisions interpret and apply
statute law to specific situations
 Rulings in these cases become legal
precedents that become part of the law
itself
- How to locate the right law and legal precedents:
 Identify the general nature of the legal dispute
involved
 Search for legal precedents that have more or
less parallel facts and find the rulings in those
cases
 Match the applicable laws or rules with the
relevant facts of the case
Facts re-examined
- Having discovered the laws or rules applicable, re-
examine the summary to omit or add facts that
may be necessary
GETTING INTO THE ISSUES
Issues in multiple legal disputes
- Not all cases present one legal dispute that
converts into one principal issue
- A lawsuit could involve multiple legal disputes and,
therefore, multiple principal issues
- Multiple legal disputes could converge into one
controlling issue
- What is essential is to spot the controlling issue,
the resolution of which serves as the key to
resolving the multiple legal disputes
Subordinate controlling issues
- The resolution of the principal issue in a case
depends on how a subordinate issue raised in
connection with it is resolved
- Subordinate issues may also become the
controlling issue that would decide the outcome of
the case
 Example: A tenant who did not pay rents
because he has in the meantime acquired
ownership of the property from the bank that
foreclosed the mortgage on it
 SUBORDINATE ISSUE: W/N the tenant
subsequently acquired ownership of the
leased property
 PRINCIPAL ISSUE: W/N the tenant
should pay rent
Relevant and irrelevant issues
- Only issues that when resolved determine the
outcome of the legal dispute are relevant to the
case
- Irrelevant issues have no value in a case even if
they are debated and resolved since they are of no
consequence to the outcome of the legal dispute
- Distinguish between relevant and irrelevant issues,
dropping the irrelevant and focusing only on the
relevant
 Discussion of the irrelevant issue produces no
advantage to the case
 Dropping of relevant issue might cause you to
lose your client’s case
A list of all the issues
- An issue arises when the contending parties do
not agree on a given point
- Compare the facts and the laws that the two sides
claim and identify the areas of disagreement
Factual and legal issues
- FACTUAL: Contending parties cannot agree that a
thing exists or has actually happened
 Example: Complainant claims that a traffic
enforcer demanded a bribe in exchange or
returning his driver’s license while the enforcer
claims he did not
- LEGAL: Contending parties assume a thing exists
or has actually happened but disagree on its legal
significance or effect on their rights
 Example: Both the prosecution and the
defense agree that the male organ of the
accused merely touched the sex organ of the
victim and did not penetrate it, yet they could
disagree on whether or not the fact amounted
to rape
Correct statement of the issues
- Uses introductory words “whether or not” to
automatically incorporate the opposing views into
one statement of the issue making a fair statement
of such
- Defined in terms of affirmative claims
 RATIONALE: Plaintiff or the accuser in any
case always bears the burden of proving the
affirmative of his claim
 Exemption: When the defendant, the
respondent, or the accused in the case admits
the facts constituting the claim against him but
raises a defense that exempts him from liability
- Fair, not slanted in favor of a party
- Comprehensive, leaving no relevant point outside
its embrace
- Specific and clear
- Capture the gist and essence of the specific
violation of right that the defendant committed
Threshold issues
- Threshold issues are those that could slam the
door to any judicial consideration of the case on its
merits
 Falls outside the scope of authority
 Filed in the wrong place
 Outside the prescriptive period
- Resolution takes precedence over the main legal
disputes
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ROUGHING OUT THE ARGUMENT
Balanced presentation
- Composition:
 A clear statement of your thesis or where you
stand on the issue to be resolved;
 The arguments that can be made against your
position but with an explanation that those
arguments do not doom such position;
 The argument in favor of your positions;
 An appeal to the good sense of the person or
persons who will resolve the issue
- Rough out your arguments to see how they
balance
- List the supporting evident of your arguments
 Credible witness
 Eye witness evidence
- Examine if the party’s version is consistent
- All the requisites of defense or claim should be
proven in accordance with the law
- Write only the gist of the arguments because it is
during the write-up stage that you will develop and
expand it.
(where you stand on the issue)
(arguments against you) (arguments in your
favor)
(appeal to your reader’s good sense)
Anatomy of a legal argument
- ARGUMENT: Reason you offer to prove your
thesis of proposition
- Classic categorical syllogism:
 Major premise: generally accepted truth or rule
 Minor premise: statement that brings a
particular thing or individual within the class or
situation covered by the generally accepted
rule or truth
 Conclusion: follows after the major and minor
premises, deducing that the generally
accepted rule or truth applies to the particular
thing or individual
- Every sound legal argument is a combination of
the right rule and the right fact
- Composition of an argument: (building block)
 Rule statement – Crossing the red light is
punishable by law
 Case fact statement – Jose crossed the red
light
 Conclusion statement – Jose should be
punished by law
The key fact in rules
- A rule statement contains a fact component for its
subject on which it will operate (KEY FACT)
- When the key fact component of the rule
statement is present in the case
Case fact
- When preparing your argument, begin by
ascertaining the facts of the case
- It is the fact of a particular case that determines
what will govern it
- Although facts are facts and it cannot be altered,
identifying the correct facts can be difficult since
the evidence of the facts can be marred by the
witness’ bias, human error and other factors
- Prepare to deal with issues regarding what your
case fact truly is
Meaning of “Rule”
- Examples of legislative rules:
 Constitutional provisions
 Statutory provisions
 Rules of Court provisions
 Judicial precedents or case laws
 Widely accepted truths derived from logic,
common sense or common experience
Creative thinking
- Resort to when you have exhausted legislated
rules and court precedents already
 Be sure that your mind gets all the data and
inputs about the case that the source materials
would yield
 Pose the problem to your mind
 Forget about the case, rest and be ready for
ideas that will pop out of your mind after
Arguments that build up
- Favorable testimony comes from a credible
witness
 Unbiased witnesses are preferred
- Party’s version is inherently credible and
consistent with common experience
 Truth of narrative stories is judged by its
compatibility with common experience
- All the elements or requisites of a valid claim or
defense have been proved
 Some laws prescribe factual elements or
requisites in order for claims or defenses to be
operative
 You make a good argument when you prove
that you have established them all
Arguments that destroy
- Point out that the opposing party invokes the
wrong rule or he has failed to prove the “case fact”
to destroy his thesis or proposition
 Argument raised is irrelevant
 Does not help resolve the issue one way
or the other
 Argument has little weight given the other
consideration in the case
 A valid argument has been made but you
hasten it to state that other considerations
outweigh the argument
 Argument is baseless
 Claims made with no facts as support
8|Page
 Argument is contrary to common experience
 Claims that go against ordinary human
experience are bizarre and cannot be
believed
 Argument is inconsistent with undeniable facts
 No assertion can defeat facts that cannot
lie
 Argument is inconsistent with a prior claim
 When one claims one thing now and
another thing later cannot be relied on to
tell the truth
Pre-worked reviewed
1. Ascertain legal disputes
2. Make an outline of the relevant facts
3. Identify the issues
4. Rough out your argument
INTRODUCING THE ISSUES
Need for introduction
- You cannot just hit your reader with your point of
view regarding an issue without telling him the
circumstances of the case that brought about the
issue
- Do not assume that the judge has the background
of facts or that he will remember such each time
he reads a party’s pleading
 Attention span of humans is limited
 Hearings are piecemeal. Judge hears the
testimonies over some period of time
 Possibility that judge had gotten the facts
wrong. You have to correct the wrong
impressions by recalling the facts.
 Justices of the appellate court need to be
apprise of the facts of the case because they
did not hear the evidence. They rely on the
lawyer’s summaries.
Sufficiency of introduction
- Put only as much background facts as are needed
for an understanding of the issue that the parties
present
- Standard of sufficiency
 Statement of the case
 PURPOSE: provide a clear and concise
statement of the nature of the action, a
summary of the proceedings, any
challenged order or decision issued, and
other matters necessary to an
understanding of the controversy
 Simply mention the basic legal disputes
that the claims of the parties produced
 Quotation of criminal information is
unnecessary unless the allegations in the
information are in issue
 Statement of the facts
 Describe nature of action and proceedings
it had gone through
 Narrates events that create the legal
dispute and that led to the filing of the suit
 Show conflicting claims of the parties
 Issues are a product of disagreement
  Required in Section 13(d), Rule 44, of
the Rules of Court
 PURPOSE: provide background
 TEST OF SUFFICIENCY: ability to enable
the judge or reader to understand the
issue that you want to be resolved and the
arguments that you adduce on those
issues with minimum words
 When conflicting versions, extract the facts
solely from the direct testimonies of the
witnesses from either side
 Direct testimonies embody versions
that the parties espouse
 When cross-examination have done some
damage to the testimony of your
opponent’s witnesses, use these in the
argument portion
Short introduction
- Introduction of incidental issues
- Brief background of the facts and issues to enable
the court to recall what the case is about
- Introduction in the reply must not repeat the
introduction made in the petition
- Keep in lean, serving as a reminder and not a
repetition
WRITING THE ARGUMENT
Jump-off points
- Start with an opening that signals or defines the
direction of the argument. Two ways:
 Briefly state the opponent’s claim with the
intention of defining the area that the argument
will attempt to assail
 State the thesis or proposition and support it
with the argument that follows
Three statements of an argument
- Rule statement
 Applies to a given fact or set of facts
- Case fact statement
 Opens up a case or closes it to the application
of the rule
- Conclusion statement
 w/n the rule applies to the particular case
Persuasive arguments
- Argument is based on convincing another to buy
your point of view
- Being able to write a good statement helps you
become more convincing
Correct conclusion statement
- Draw an inference that the fact of a particular case
opens it up or closes it to the application of the rule
that governs such case
Positioning variation
- Conventional sequence: rule, fact, conclusion
- Need not be followed as long as the three
essential elements are present
Omitted statement
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- An essential element can be omitted when it is so
evident that it goes without saying
- In case of doubt, include all essential elements
Closing statement
- Depart on a good note
- Must not appear to argue
- Recall to readers the truths that underlie every
good decision in identical cases
EFFICIENT PAPER RULE (A.M. NO 11-09-04-SC)
Rationale
- Save the environment; lessen the use of papers in
courts
Applicability
- All courts and quasi-judicial bodies under the
administrative supervision of SC
- All pleadings, motions and similar papers intended
for the court and quasi-judicial body’s
consideration and action
- Reports submitted to courts
- Transcripts of stenographic notes
- Decisions, resolutions and orders issued
Format and style
- Single-space with one-and-a-half space between
paragraphs
- Easily readable font style of the party’s choice
- 14-size font
- 13-inch by 8.5-inch white bond paper
Margins and prints
- Left: 1.5in
- Upper: 1.2in
- Right: 1.0in
- Lower: 1.0in
- Every page must be consecutively numbered
Copies to be filed
- Sec. 5: Unless otherwise directed by the court, the
number of court-bound papers that a party is
required or desires to file shall be as follows:
 Supreme Court
 1 original (properly marked)
 4 copies
 If referred to the Court En Banc, file 10
additional copies
 For En Banc and the Division, the parties
need to submit 2 sets of annexes, 1
attached to the original and an extra copy
 All members of the Court shall share the
extra copies
 Parties are further required to submit,
simultaneously with their court-bound
papers, soft copies of the same and their
annexes (the latter in PDF) by email or by
CD
 Voluntary – first 6 months following the
effectivity of the Rule
 Compulsorily – onwards
 Court of Appeals and the Sandiganbayan
  1 original (properly marked)
 2 copies with their annexes
 Court of Tax Appeals
 1 original (properly marked
 2 copies with annexes
 On appeal to the En Banc
 1 original (properly marked)
 8 copies with annexes
 Other courts
 1 original
 Stated annexes attached
Annexes
- Annexes served on adverse party need not
enclose copies of those annexes that based on the
record of the court such party already has in his
position
- If requested, party who filed the paper shall comply
within 5 days from receipt
JUDICIAL AFFIDAVIT RULE (A.M. NO. 12-8-8-SC)
Rationale
- Reduce time needed for completing the
testimonies of witnesses in cases under litigation
 Judicial affidavits (JA) are now required to be
attached in the Complaint and Answer
 JAs serve as substitute to direct testimonies of
witness
Scope
- All actions, proceedings, and incidents requiring
the reception of evidence before:
 The Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial
Courts, the Municipal Circuit Trial Courts, and
the Shari' a Circuit Courts but shall not apply
to small claims cases under A.M. 08-8-7-SC;
 The Regional Trial Courts and the Shari'a
District Courts;
 The Sandiganbayan, the Court of Tax
Appeals, the Court of Appeals, and the Shari'a
Appellate Courts;
 The investigating officers and bodies
authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the
Philippine (IBP); and
 The special courts and quasi-judicial bodies,
whose rules of procedure are subject to
disapproval of the Supreme Court, insofar as
their existing rules of procedure contravene
the provisions of this Rule
 A statement that the witness is answering the
questions asked of him, fully conscious that he
does so under oath, and that he may face
criminal liability for false testimony or perjury;
 Questions asked of the witness and his
corresponding answers, consecutively
numbered, that:
 Show the circumstances under which the
witness acquired the facts upon which he
testifies;
 Elicit from him those facts which are
relevant to the issues that the case
presents; and
 Identify the attached documentary and
object evidence and establish their
authenticity in accordance with the Rules
of Court;
 The signature of the witness over his printed
name; and
 A jurat with the signature of the notary public
who administers the oath or an officer who is
authorized by law to administer the same
Sworn attestation of the lawyer
- Executed by the lawyer who conducted or
supervised the examination of the witness to the
effect:
 He faithfully recorded or caused to be
recorded the questions he asked and the
corresponding answers that the witness gave;
and
 Neither he nor any other person then present
or assisting him coached the witness regarding
the latter's answers.
- False attestation shall subject the lawyer
mentioned to disciplinary action, including
disbarment
Application of rule to criminal actions
- When to apply:
 Where the maximum of the imposable penalty
does not exceed six years;
 Where the accused agrees to the use of
judicial affidavits, irrespective of the penalty
involved; or
 With respect to the civil aspect of the actions,
whatever the penalties involved are
- Affidavits serve as direct testimonies of the
accused and his witnesses when they appear
before the court to testify
- Submission of judicial affidavits:

Contents of judicial affidavit Prosecution Accused

- Prepared in the language known to the witness When Not later than 5 Within 10 days
- If not in English or Filipino, accompanied by a days before pre- from receipt of
translation trial judicial affidavit
- Contains: from prosecution,
 Name, age, residence or business address, if desires to be
and occupation of the witness; heard on his
 Name and address of the lawyer who conducts defense
or supervises the examination of the witness Attachment Marked as Marked as
and the place where the examination is being s Exhibits A, B, C Exhibits 1, 2, 3
held;

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Effects of non-compliance with the Judicial Affidavit - Not all disputes are best resolved through judicial
Rule remedies
- Failure to submit is deemed as waiver of - Legal confrontation could irreparably damage
submission relationships that may be fa more valuable than
- Late submission may be waived once provided the benefits derived from a judicial resolution of the
that delay: dispute
 Is for a valid reason
 Would not unduly prejudice the opposing party CASE NOTE
 Defaulting party pays a fine of not less than
P1,000 nor more than P5,000 at the discretion Chan vs. Century Bank
of the court - Substance over form
- Courts shall not consider the affidavit of any
witness who fails to appear at the scheduled Minimum requirements of content:
hearing a. Background facts that adequately introduce
 Failure of counsel to appear without valid the issues in the case
cause despite notice is deemed waiver of his b. Statement of what those issues are
client’s rights to confront by cross-examination c. Position you take on the issue
- Judicial affidavits that do not conform to the d. Arguments that may be made against you
content and attestation requirements shall not be e. Arguments in your favor
admitted as evidence f. What you want your reader to do under the
- Submission of a compliant replacement may be circumstances
allowed only once before hearing or trial provided
that delay: Example:
 Is for a valid reason Date
 Would not unduly prejudice the opposing party
 Public or private counsel responsible for their Name
preparation and submission pays a fine of not Company
less than P1,000 nor more than P5,000 at the Address Line 1
discretion of the court Address Line 2

LEGAL CORRESPONDENCE Dear Mr./Ms.:

Informational letters
Demand letter Here is the opinion you requested.
Legal opinion
The facts, as I gather from you and your documents,
DRAFTING OF LEGAL MEMORANDA are as follows:
Using statutes and cases as a cohesive part of writing;
Organization of legal documents Xx
Writing the argument Xx
Writing clearly Xx

WRITING LEGAL OPINION The question you pose is xx xx xx

What to keep in mind In my opinion, xx xx xx

- Ascertain the purpose for which your client seeks
your opinion I based my opinion on the following:
 Avoids giving the wrong answer Xx
 Get client’s trust Xx
- Do pre-work Xx
 Ascertain the legal dispute involved and write
down the principal issue A word of reservation: I base my opinion on xx xx xx
 Make a summary of the relevant facts and put
time in correct sequence. A wrong factual Please let me know if I can be of further service to
premise will produce a wrong legal diagnosis. you on this matter.
 Identify issues to be resolved and rough out
the arguments to support your thesis Very truly yours,
- Do the write-ups ATTY. XX XX
 Introduce the issues by providing the
background facts
 Prevent misunderstanding with client by
summarizing for him the facts on which you
rely in

Limitations

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