STAGES IN LEGAL

WRITING
1.IDENTIFYING THE LEGAL DISPUTE
2.PRE-WORK
3.WRITE-UP
FACTS
• ECQ prohibits unauthorized persons from going out of their houses;
• The president instructed the police to shoot dead any ECQ violators who
threaten the lives of law enforcers;
• Mr. A, a Filipino soldier suffering from Post Traumatic Stress Disorder
(PTSD) was seen by Mr. X outside of his house without a quarantine pass;
• The PTSD of Mr. A was acquired after he was assigned in Maguindanao
during the Maguindanao siege;
• Mr. A was in a bad mood because he was not able to drink his medicine
which calms him down;
• Mr. A went out to buy his medicines because his sister did not buy him
the medicine because they quarreled;
FACTS
• Mr. X tried to arrest Mr. A but Mr. A agued with him;
• Mr. X was accompanied by three (3) other police officers;
• Mr. X was informed by the by-standers that Mr. A was suffering from
PTSD;
• Mr. A raised his arm when he saw Mr. X pointing a gun at him, but
continued to argue with the police;
• Mr. X shot Mr. A after seeing Mr. A reaching for a sling bag;
• Mr. A died due to the gunshot wound in his chest;
• Mr. X was charged with homicide
IDENTIFYING THE LEGAL
DISPUTE
• WHAT IS THE LEGAL ISSUE BASED ON THE
FACTS?

IMPORTANCE:
-EVERYTHING YOU WRITE/ARGUE MUST BE
RELATED TO THE ISSUE
WHAT IS THE LEGAL DISPUTE

WHETHER MR. X’S ACT OF SHOOTING MR. A

IS JUSTIFIED
PRE-WORK
1. IDENTIFY THE FACTS
2. ARRANGE THE FACTS SEQUENTIALLY
3. IDENTIFY THE ISSUE
4. RESEARCH ON APPLICABLE LAWS & JURISPRUDENCE
5. PREPARE ARGUMENTS
IDENTIFY THE FACTS RELEVANT TO
THE CASE
1. GET FACTS?
• INTERVIEW
• INVESTIGATION REPORTS
• CCTV

2. SORT THE FACTS, IDENTIFY FACTS/EVIDENCE RELEVANT TO THE ISSUE

IDENTIFY THE FACTS RELEVANT TO
THE CASE
1. GET FACTS?
• INTERVIEW
• INVESTIGATION REPORTS
• CCTV

2. SORT THE FACTS, IDENTIFY FACTS/EVIDENCE RELEVANT TO THE ISSUE

ARRANGE THE FACTS
SEQUENTIALLY
• DO A TIME-LINE
IDENTIFY THE ISSUE/S
1. WAS MR. A REALLY ARMED?
2. IF ARMED, CAN MR. X CLAIM THAT SHOOTING MR. A WAS SELF-
DEFENSE?
3. WHAT IF UNARMED? IS IT STILL SELF-DEFENSE?
4. CONSIDERING THAT MR. A HAS PTSD, AND MR. X WAS INFORMED
BY SOME BY-STANDERS OF MR. A’S CONDITION, WAS IT RIGHT TO
SHOOT MR. A?
5. IS IT REALLY NECESSARY TO SHOOT MR. A?;
6. IS THE CHARGE OF HOMICIDE CORRECT?
APPLICABLE LAWS & JURISPRUDENCE

• REVISED PENAL CODE;

• MANUAL ON POLICE OPERATIONS;
• GOVERNMENT ISSUANCES IN RELATION TO COVID-19 AND ECQ;
• CASE LAW ON SELF-DEFENSE;
• OTHER RELEVANT CASE LAW
PREPARE LEGAL ARGUMENT
• DEPENDS WHETHER YOU ARE PROSECUTING OR DEFENDING MR. X

• IF DEFENDING MR. X:
- DEFENSE IS SELF-DEFENSE

IF PROSECUTING MR. X:
- SELF-DEFENSE IS NOT APPLICABLE IN THE CASE
DOING THE WRITE-UP
1. INTRODUCTION OFF THE ISSUES;
2. WRITING THE ARGUMENTS;
a) Rule statement- rule that applies to given facts;
b) Case fact statement- how the Rule statement is applicable to the
facts of the case
c) Conclusion statement: the rule applies to the case
ASSIGNMENT
I. Make your own narration of facts. You can add/delete/modify the
facts and pretend that you have in your possession evidence such as
cctv footage or investigation report.
• For Consistency the following facts should remain:
1. Mr. X is a police officer;
2. Mr. A, is a Filipino soldier;
3. Mr. A was violating the ECQ;
4. Mr. X was accompanied by three (3) other police officers;
5. Mr. A was wearing a sling bag and he was seen reaching for his sling
bag
6. Mr. X shot Mr. A resulting to the death of Mr. A
II. ARRANGE THE FACTS SEQUENTIALLY

III. IDENTIFY THE ISSUE- you can make your own issue/s or
copy some of the issues given (depending on your facts)

III. RESEARCH ON APPLICABLE LAWS & JURISPRUDENCE-

examples already given above

IV. PREPARE ARGUMENTS- depends whether you are

prosecuting or defending Mr. X.
V. DRAFT YOUR WRITE-UP

FORMAT:
I. Statement of Facts
II. Statement of the Legal Dispute
III. Arguments containing
a) Rule statement- rule that applies to given facts;
b) Case fact statement- how the Rule statement is applicable to the
facts of the case
c) Conclusion statement: the rule applies to the case
*** Note that in your arguments, you may discuss several issues as
presented above. For every issue you have to present rule statement,
case fact statement and conclusion statement
EXAMPLE

I. STATEMENT OF FACTS:
1. The President of the Philippines pursuant to Executive Order No. ___ issued on
____ placed the entire Luzon under ECQ;
2. During ECQ unauthorized persons will not be allowed to go outside their
respective residences;
3. The Local Government of _____ decided to issue quarantine pass to its
residents which will indicate that the resident is authorized to go out of his/her
residence to purchase basic necessities;
4. Based on the investigation report from ____, the following events transpired
leading to the death of Mr. A
a) On ____, Mr. A went out of his house without a quarantine pass to
buy his medicine;
b) While outside of his house, he was seen by Mr. X and tried to arrest
him;
c) Mr. A started to argue with Mr. X
EXAMPLE

II. THE LEGAL DISPUTE

WHETHER MR. X’S ACT OF SHOOTING MR. A IS JUSTIFIED
III. ARGUMENTS (per issue)
A. The requisites in invoking self-defense pursuant to Article 11
of the Revised Penal Code is not satisfactorily shown in the
given facts.
Rule statement:
Case fact statement:
Conclusion statement:
B. your second issue
IV. CONCLUSION: if you presented several arguments