LEGAL WRITING

ATTY. SELWIN M. PRADA

Legal writing
Is one of the two advocacies of lawyering:
1. Oral
2. Written
Practice of law – Cayetano vs. Monsod (G.R. No. 100113, Sept. 1991)
“xxx any activity, in and out of court, which requires the application of laws, legal
procedure, knowledge, training and experience. To engage in the practice of law
is to perform those acts which are characteristics of the profession. Generally, to
practice law is to give notice or any kind of service, which device or service
requires the use in any degree of legal knowledge or skill”
Outputs:
BALLAIS
SUMAMPONG
CABAN
ALONZO

Activity: Pick a presidentiable and state your reasons why him or her.
How to Illegalize
Writing
By

Ferdinand G.S. Gujilde

 Writing is speaking on paper
 It is an art
 There is no right or wrong writing
 But there is good or bad writing
WHAT NOT TO FEAR

 More time to prepare to write than speak

 The writer is unseen.
 Several chances to change.
 What is missing may be supplemented.
WHAT TO FEAR
 No tone, only tenor.
 No sound, but can be found.
 No facial expression.
 No gestures.
 Once written, never forgotten.
Sir,
Why is it that my answer in number 5 is not graded?
 Caveat
It reveals who you are.
PRELIMINARIES TO WRITING
 Identify purpose
 Identify reader
 Know your strength and weaknesses
 Remember what to remember
WHY DO WE WRITE
• Is it to inform?
• Is it to demand?
• Is it to deny?
• Is it to oppose?
• Is it to plead?
• Is it to manifest?
• Is it to educate?
• Is it to rule?
Note who is your reader.
• Is the reader traditionalist?
• Is the reader open and liberal?
• Is the reader a baby boomer or a millennial?
• Does the reader even care?
Where you are good at and where
you suck at?
• Grammar
• Articulation
• Context
• Coherence
• Emphasis
• Presentation
• Choice of words
• Length
• Structure
• Intelligibility
• Credibility
a. Grammar
• It’s vs Its
• It’s = It is good.
• Its = Its goodness.
• It is mine.
• It is yours.
Be + adjective
• Be correct.
Be + verb
• Be corrected.
Be + verb or adjective
• Be learned.
Do + adjective
• Do good.
• Did good.
Do + verb
• Do run.
• Did run.
• b. Articulation
• c. Coherence
• d. Intelligibility
• Good grammar results in good articulation.
• Good articulation makes it intelligible.
• Bad grammar results in incoherence.
• Narrative should be descriptive to titillate
imagination.
• While the supervisor roamed around work premises, he
found the security guard seated, head bowed, eyes closed.
• Praying? But he was inanimate, almost lifeless.
• Alarmed, the supervisor lightly touched his shoulder.
Unresponsive, but still breathing.
• Suddenly, the security guard choked, snored, then
drooled. Proof of life. The supervisor was relieved
he was all right.
• But not for what he was hired, that is, guard the
work premises with his eyes open, mind alert and
body ready.
• He slept on his job. Deeply. A serious breach of duty.
e. Context
• Direct the officer concerned to take appropriate
action against a public official or employee at
fault, and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and
ensure compliance therewith.
Context in contronym
 A word with two opposite meanings

e.g. SANCTION
1. a penalty for disobeying a law
2. official permission or approval for an action
• It is sanctioned by law.
• It may be improper, but it is sanctioned
by law.
• Since it is improper, it is sanctioned by
law.
Preposition
A word that is almost always very small and common.
It directs, locates, times or introduces an object.
Most common prepositions
• at, by, for
• from
• in, on
• of, to
• Direction – to – addressed to you
• Location – at – at the entrance
• Time – by – by midnight
• Introduces an object – of - a box of chocolates
Other common prepositions
• about, above, across, after, against
• along, among, around, because of
• before, behind, below, beneath
• beside, between, close to, down
• during, except
• inside, instead of
• Into, like, near, off
• on top of, onto
• out of, outside
• over, past, since
• through, toward
• under
• until, up, upon
• within, without
Self-contradictory words
• found missing
• open secret
• small crowd
• act naturally
• clearly misunderstood
• fully empty
• pretty ugly
• seriously funny
• only choice
• original copy
• exact estimate
• tragic comedy
• foolish wisdom
• liquid gas
• working holiday
• military intelligence
• happily married
• clearly blind
• interestingly boring
• amazingly dull
• social distancing
• surely confused
f. Emphasis
• law students
students of law
• disturbing behavior
behavior that disturbs
• thanks
thank you
g. Presentation
• Century gothic
• Courier
• Lucida console
• Palatino
• Times New Roman
• Verdana
• Light vs Heavy
• Legible vs Illegible
• Dense vs light
• h. Length
• i. Structure
• Paragraphs
- Limit to two to three short sentences.
- Do not separate paragraphs at page break.
• General Welfare. – Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance,
and those which are essential to the promotion of the general welfare. Within
their respective territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of culture,
promote health and safety, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment among their
residents, maintain peace and order, and preserve the comfort and convenience
of their inhabitants.
• General Welfare. – Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance,
and those which are essential to the promotion of the general welfare.
• Within their respective territorial jurisdictions, local government units
shall ensure and support, among other things, the preservation and enrichment
of culture, promote health and safety, enhance the right of the people to a
balanced ecology, encourage and support the development of appropriate and
self-reliant scientific and technological capabilities, improve public morals,
enhance economic prosperity and social justice, promote full employment
among their residents, maintain peace and order, and preserve the comfort and
convenience of their inhabitants.
• General Welfare. – Every local government unit exercises
powers expressly granted, necessarily implied, and powers
necessary, appropriate, or incidental for its efficient and
effective governance, and those essential to promote
general welfare.
• Within their respective territorial jurisdictions, local
government units ensure and support, among other things,
to preserve and enrich culture, promote health and safety.
• They enhance right of the people to a balanced ecology,
encourage and support development of appropriate and
self-reliant scientific and technological capabilities.
• They also improve public morals, enhance economic
prosperity and social justice, promote full employment
among their residents, maintain peace and order, and
preserve comfort and convenience of their inhabitants.
General Welfare. – Every local government unit
shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient
and effective governance, and those which are
essential to the promotion of the general welfare.
Within their respective territorial jurisdictions,
local government units shall ensure and support,
among other things, the
• preservation and enrichment of culture, promote health and
safety, enhance the right of the people to a balanced
ecology, encourage and support the development of
appropriate and self-reliant scientific and technological
capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment
among their residents, maintain peace and order, and
preserve the comfort and convenience of their inhabitants.
Sentences
• 15 to 20 words.
• Breathe.
• Use comma or period.
• Article XVI, Section 10:
• “The State shall provide the policy
environment for the full development of
Filipino capability and the emergence of
communication structures suitable to the needs
and aspirations of the nation and the balanced
flow of information into, out of, and across the
country, in accordance with a policy that
respects the freedom of speech and of the
press.”
• Article XVI, Section 10:
• “The State shall provide the policy environment for the full
development of Filipino capability and the emergence of
communication structures suitable to the needs and
aspirations of the nation and the balanced flow of
information into, out of, and across the country, in
accordance with a policy that respects the freedom of
speech and of the press.”
• Article XVI, Section 10:
• The State provides policy environment to fully develop
Filipino capability and emerge communication structures
suitable to national needs and aspirations and balanced but
boundless flow of information consistent with a policy that
respects freedom of speech and of the press.
 • Titles or headings
• Bigger than or different from the text
• Prefatory statement
• “New beginnings are often disguised as painful endings.”
Lao Tzu
• “Then you will know the truth, and the truth will set you
free.” John 8:32
• “But part of surviving is being able to move on.”
Alexandra Braken, The Darkest Minds
• “Good name in man and woman, dear my Lord, Is
the immediate jewel of their souls:
• Who steals my purse steals trash;
• tis Something, nothing;
• But he that filches from me my good name Robs me
of that which enriches him, And makes me poor
indeed.”
• Shakespeare: Othello, III, iii, 155
Revolutionize captions
• Petition
• Point of No Return
• Complaint
• Closure
• #Closure
• Protest
• Unseat the Thief
Answer
• Excuse me?
Motion for Reconsideration
• I Deserve a Second Chance
WHAT NOT TO CAPITALIZE IN TITLES
• Articles – a, an, the
• Conjunctions – and, of, but
• Prepositions with less than four words – of, by, to, for
• Sarah Mervosh, New York Times, 7-4-18
 • The parties
• Cast of characters
• The wife or the husband
• The cheater and the cheated
• The invader
• The grapevine
 • The facts of the case
• My sob story
• The facts without the fat
• For bitter or for worse
• On January 10, 1994, herein complainant went
abroad to work. But herein complainant was
imprisoned for illegal entry to another country.
• Much as herein complainant wanted to, he was not
able to communicate with herein respondent, much
less visit her for ten long years, not even once.
• On February 14, 2004, herein respondent filed a
petition before RTC Branch 123 in Cebu City to
declare herein complainant presumptively dead for
all intents and purposes. Certified true copy of
petition is attached as Annex A and made an integral
part hereof.
• On March 20, 2015, the court granted the petition and
declared herein complainant presumptively dead for all
intents and purposes. Certified true copy of decision is
attached as Annex B and made an integral part hereof.
• On October 15, 2016, the decision became final and
executory and a decree of finality was entered. Certified
copy of decree of finality is attached as Annex C and made
an integral part hereof.
• On July 9, 2018, herein respondent married again before
the Presiding Judge of RTC Branch 456 in Cebu City.
Certified true copy of her marriage certificate is attached as
Annex C and made integral part hereof.
• At her wedding reception at Shangrila Hotel in Mactan,
Lapu-Lapu City, respondent herein was shocked when
complainant herein, who was decreed presumptively dead,
suddenly appeared.
• A husband left his wife to work abroad. But the moment he
set foot on another country, he was jailed for illegal entry.
• Since then the wife heard nothing of him for ten years. No
call, no text, no visit, no nothing.
• Ghosted, the wife asked the court to declare her husband
dead. After the court was convinced her husband went to
the great beyond, the wife married again.
• At her wedding reception, she thought she saw a man who
looked like her husband.
• A ghost? No. It was her husband. In flesh. Not only ghosts
haunt, the living too, although thought to be dead.
 • Arguments
• Hear me out
• Relief
• Wish list
• Use catchy phrases.
• If it doesn’t fit, you must acquit
• Money & betrayal
• Omnipresence
• Stolen vote
• Crossing unseen lines
• k. Choice of words
• Use simple words
• give v afford
• show v exhibit
• contradict v militate
• enough v sufficient
• Use emphatic words
• daringness v audacity
• the nerve
• candidness v candor
• honesty
• Use of very
• very ugly = hideous
• very hot = torrid
• very good = great
 • Use live words
• filed an appeal = appealed
• filed motion for reconsideration = moved to reconsider
• tender resignation = resign
• make payment = pay
• did not allow = prohibit
• sent a letter to write that = wrote
• issued a resolution = resolved
Drop legalese
• herein
• hereby
• herewith
• therewith
• thereto
• thereafter
• SUBSCRIBED AND SWORN TO before me this 17th day
of June 2021 at Cebu City, Philippines by herein affiant
who exhibited to me his Driver’s License No. G06-12-
1234, valid until December 9, 2021 as competent proof of
his identity.
• Subscribed and sworn to before me on June 17, 2021
at Cebu City by affiant who showed me his valid Driver’s
License No. G06-12-1234 as competent proof of his
identity.
• Personally signed under pain of perjury by Dana Flynch R.
De Lira who showed me her IBP ID No. 65,999 that
vouches her identity.
• June 17, 2021, Cebu City.
• COMES NOW, complainant, represented by
undersigned counsel and unto this Honorable Court,
respectfully states:
• Left with no other choice, a wife used and
abused painfully narrates her sob story of broken
vow and false promises that stole not only her
happiness but also her life.
• For what is a man, what has he got? If not himself, then he
has naught. To say the things he truly feels; And not the
words of one who kneels. The record shows I took the
blows – And did it my way!
• The song evokes the bitterest passions. This is not the first
time the song “My Way” has triggered violent behavior
resulting in people coming to blows.
• In the case at bar, the few lines of the song depicted what
came to pass when the victims and the aggressors tried to
outdo each other in their rendition of the song.
• J. Chico-Nazario, Palaganas v. People, G.R. No. 165483,
Sept. 12, 2006
Retain key words and phrases
• pure question of law
• psychological incapacity
• doctrine of statistical improbability
• impressed with public interest
• usually necessary and desirable
• grave abuse of discretion
 • Magic words never hurt
• With due respect
• I beg to disagree
• Please
• Sarcasm – Please double check your sources.
• Reprimand – Please mind your own business.
• Words and phrases to avoid
• Double negation
• is not without
• is not unconstitutional
 • Redundancy
• null and void
• excessive and unconscionable
• real, genuine and authentic
• baseless and frivolous
• in truth and in fact
• Modifying absolute words
• Perfect.
• Totally perfect.
• So perfect.
• Irritatingly perfect.
• Fatal.
• Almost fatal.
• Rare.
• Very rare.
Highfalutin words
• Media reporting is baseless, it does not narrate what
exactly happened when, how and where. Canard.
• Media gives us canard, it does not report what exactly
happened, when, how and where.
• Even if he lied under oath that he is a lawyer
although he failed the bar several times over, he did
not mislead or deceive the voters because profession
is not an essential qualification to public service.
• If at all, he merely committed an innocuous mistake.
 • Never antagonize
• This office, in conspiracy with the incumbent,
registered respondent who is a total stranger to the
place.
• The incumbent misled this office into believing
respondent is a resident of the place when in fact he
is not.
 • Never appeal to emotion
• on bended knees
• liberalize in the interest of justice and equity
• If at all, make it subtle.
• the rape victim from Leyte.
• Or when invoking settled rule.
• the employer should be more lenient pursuant to discerning
compassion doctrine
• Retirement laws should be interpreted
liberally in favor of the retiree because their
intention is to provide for his sustenance,
and hopefully even comfort, when he no
longer has the stamina to continue earning
his livelihood.
• After devoting the best years of his life to the
public service, he deserves the appreciation of
a grateful government as best concretely
expressed in a generous retirement gratuity
commensurate with the value and length of his
services.
• The generosity is the least he should expect now that
his work is done and his youth is gone.
• Even as he feels the weariness in his bones and
glimpses the approach of the lengthening shadows,
he should be able to luxuriate in the thought that he
did his task well, and was rewarded for it. (J. Cruz,
Santiago v COA)
 • Avoid words with disrespectful
undertones
• note that vs it should be noted
• the court is mistaken vs the court may have been mistaken
• inform your client to pay otherwise I will be constrained to
file multiple cases against him
• please help us remind your client about his obligation to
avoid court litigation
• complied, doing it again duplicates
• complied but for easy reference, submits just
the same
• second person “you”
• first person “I” or “we”
l. Credibility
• Proper citation
• Macalintal v. PET, 650 Phil. 326, 347 (2010) [Per J. Nachura,
En Banc]
• Quote as is
• Paraphrase
• Blend
 • Quote as is
• It is the fact of residence, not a statement in the
certificate of candidacy which ought to be decisive
in determining whether or not an individual has
satisfied the constitution’s residency qualification
requirement. (Romualdez-Marcos v. Comelec, 318
Phil 329 (1995))
• Avoid UPPER CAPS, bold or italicized letters
to emphasize.
• It is the fact of residence, not a statement in the
certificate of candidacy which ought to be decisive
in determining whether or not an individual has
satisfied the constitution’s residency qualification
requirement. (Stress supplied)
 • Paraphrase
• The statement in the certificate of candidacy does not
control. The fact of residence may be found beyond its
face.
• Fact is more decisive than mere declaration to determine
whether an individual satisfied constitutional requirement
for residency.1
• 1 Romualdez-Marcos v. Comelec, 318 Phil 329 (1995)
 • Blend
• But a petition to nullify provision of a tax ordinance
imposing amusement tax on a golf course, 1 on ground it
does not fall under statutory definition of amusement
place,2 involves not only pure question of law but also
substantive matters imperative for the court to resolve. 3
• 1Sec. 42, Ordinance No. LXIX
• 2Sec. 131(c), Local Government Code of 1991

• 3Alta Vista Golf & Country Club v. City of Cebu, G.R. No. 180235, Jan. 20, 2016
 • Placement
• Footnote
• 1318 Phil 329 (1995)
• 2G.R. No. 90336, Aug. 12, 1991
• Avoid supra, infra.
• Supra note 124
536

• Avoid ibid.
• 199236 Phil. 307 (1987)
• 200Id. At 314-315
 • Avoid within text
• But a petition to nullify provision of a tax ordinance
imposing amusement tax on a golf course, (Sec. 42, Ord.
No. LXIX) on ground it does not fall under statutory
definition of amusement place, (Sec. 131(c), Local Gov’t.
Code of 1991) involves not only pure question of law but
also substantive matters imperative for the court to resolve.
(Alta Vista Golf Club v. Cebu City, G.R. No. 180235, Jan.
20, 2016)
• But a petition to nullify provision of a tax ordinance
imposing amusement tax on a golf course, 1 on ground it
does not fall under statutory definition of amusement
place,2 involves not only pure question of law but also
substantive matters imperative for the court to resolve. 3
• 1
Sec. 42, Ordinance No. LXIX
• 2
Sec. 131(c), Local Government Code of 1991
• 3
Alta Vista Golf & Country Club v. City of Cebu, G.R. No. 180235, Jan. 20, 2016
• Remember to remember
• It is a form of expression.
• It is a platform for expression.
• It is personal.
• Keep it short and simple.
• Be a storyteller.
• Be engaging.
• How to start writing
• From nothing to something
• Randomize
• Organize
• Sanitize
• Finalize
• From something to many things
• Outline
• Generalize
• Specify
 •Tit for tat
• Itemize arguments of the other party
• Address each in the same order they
were written
 • How to continue writing
• Tell it like an ordinary story
• Simple, logical and credible
• Laymanize
• Contextualize
• Localize
 •Drop irrelevant
circumstances of date,
time, place and names
• The proponents gathered 6.3 million signatures
proposing shift from presidential-bicameral to
parliamentary-unicameral form of government.
• But they failed to show the signatories knew,
much less understood what they signed for.
• How to end writing
• Emphasize.
• Synthesize.
• Summarize.
• After years of sacrifice, the wife
asks her marriage be annulled.
• She does not want to stay married
to a man no longer her husband.
See you next session.