Midterm Reviewer| LEGAL WRITING| | Arellano University School of LAW 2015

I. LEGAL WRITING1
The act of a legal professional in convincing others of his
A. Aims of Legal Writing (Aid: For Love I Put
legal stands, position or opinion presented in a form of
Eternal Will)
writing.

Forms: Facts- legal writing will help you identify and put together the
facts on which the issue of the case will be decided.
as a lawyer/Counsel: (Mnemonics: PRROMM [like JS Prom])
Law- Help you find the law or rule that applies to your case
given the nature of the legal dispute involved.
Pleadings- an answer to complaints or denying clients
liabilities Issue- Help you correctly Identify issues in a case.
Rejoinders- the defendant's answer to the plaintiff's Power- help you pack power in your arguments, allowing you
replication to establish your position and destroy the opposing counsels.

Replies- an answer to petitioners claims against defendant Edit- help you edit your work, tighten your sentence and
make your writing come through to your reader clearly.
Oppositions- a statement denying the other partys claim
Write better- help you prepare adequate, clear and
Memoranda- a brief helping parties to remember points of convincing PRROMMs.
future reference
II. LEGAL DISPUTE
Motions- an application to obtain an action in favour of the -Occurs when defendant denies the claim against
applicant him.

As a judge: (aid: DRaG) Petitioner (You did) DISPUTE (No I didnt) Defendant

Decisions- to be put in writing Example instance:

Legal dispute lies between an apartment owner
Results of the case- to be announced in writing, and claiming that tenant fails to pay monthly rents and
therefore should leave and the tenants denial of
Grounds for the decision- in writing the claim and invokes to stay.

1
Legal dispute is the HEART of every case because
Contents credit to Abad, Roberto A: Fundamentals of Legal Writing. it involves a violation of a right protected by law.
Rex Book Store, Manila Philippines: 2014

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Such case can only be resolve if there will be a

proper resolution to end the dispute. Issue- Identify the issue that you would address.
Legal Dispute2 is that which is recast in a form of an issue:
Argument- roughing out the arguments that you would see.
(like the whether or not)

In the above instance, the legal dispute can be 2. Write-up- writing the legal aspects in an organized and
recast in a form of an issue, stated thus: whether convincing manner as a draft or paper. What completes this
or not the tenant who fails to pay the monthly rents stage is the editing and rewriting
must leave the unit.
IV. GETTING AT THE FACTS OF THE CASE
Importance of knowing the issue:
Facts: Talks about what the case is about in every angle.
Since the case will be decided based on the issue
involved, it is a must that a lawyer knows what he is fighting A. Studying Case Materials
for. If he argues on the wrong issue, the case will surely fall
against him and his client. 1. Random notes: making short notes in random on the
facts you consider to be relevant
Advantage: fast noting
III. STAGES IN LEGAL WRITING (Aid: Please Wait) Disadvantage: uncorrelated facts, effective only on
works done in one sitting
1. Pre-work- the step when the legal professional must gather
the data or details of the case (ex. Dates, testimonies from 2. Summary: Compressing the information you need, a
witnesses) detailed map to guide you.
Advantage: cohesive, complete thoughts, good in both
A. Process of Pre-work (Aid: Down From Loving In short and long duration works
Arellano)
B. Principles in Summarizing:
Dispute- establish where the legal dispute lied in the case.
1. TAKE OUT the non-essential facts, they are:
Facts- discovering the relevant facts. (Aid: No Permanent Status)
Law- know the law or rules applying to it. a. Number of the ordinance or law3
b. Place where it is enacted
c. Superfluous statements4

2 3
There is legal writing because there is legal dispute A and B does not possess any bearing on the laws constitutionality

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Example: the unnecessary are put into parenthesis

Understand easier the facts. Human experience occurs in an
[Section 10 of] Ordinance [No. 105 of Tagaytay City] order of time.
provides that at least 5% of [the total area of any]5 memorial
park [established within its jurisdiction] shall be set aside for
Clearly see how facts relate or connect with each other.
charity burial [of its pauper residents]6 and that no permit to
[establish7], operate, [and maintain private memorial park8]
versions of the parties and the disagreements therein are
able to see clearly.
shall be granted without the applicants conformity [or
agreeing to such conditions]9. Prepare you well for the work of writing up the facts of the
case in your pleadings.
2. Extract Relevant Facts from Cluttered Facts
V. KNOWING THE APPLICABLE LAW
Include or retain: (Aid: Do All Whales Jerk?) -The law applicable to the facts of the case and the issue
being disputed upon.
Descriptions of victim (age, status) A. Sources of Law (Aid: Supreme Court)
Affirmations (yes to questions during examination) Statutes- rules enacted by the duly constituted rule-making
Wh questions (Who raped you? When did he rape you? authorities like Congress, the President, Supreme Court
Where did he rape you? Of course the How is the most
interesting one )
case Law- decisions of the courts in relation to article 8 of the
Civil Code.
Justifications (answer to her actions being questioned) B. Locating the right Law and Legal Precedents (Aid:
3. Set the FACTS in SEQUENCE General Legaspi)
-Put the events in order of their occurrence. General Nature- indentify the general nature of the legal
dispute involve. If the dispute involves criminal offense, look at
Importance: (Aid: Unlimited Cuddle Very Pleasing)
the Penal Laws. (ex Rape incident, Art 266 of Revise Penal
Code)
4
Not important because they convey one thought being repeated
creating redundancy
5
Legal precedents- with the facts of your case, search for
6
This is a common knowledge legal precedents10 that have more or less parallel facts
Ofcourse, we cant give charity to the rich
7
Superfluous with the subsequent verbs
8
This is obviously the subject matter, no need to reiterate
9 10
Conformity and agreement conveys the same thought Case with similar issue which is already decided by the court

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Example Legal Precedent (Rape Case)
A. Prosecuting Side
1. Fear has it bizarre way of rendering people immobile
(People v Realin, 301 SCRA 495)
2. Trustful witness may sometimes make mistakes but it
doesnt affect their credibility (People v Reduca, 301
SCRA 516)
3. Failure of Victim to report immediately is not an
indication of fabricated charge (People v Casil, 241
SCRA 285)
4. Absence of physical injury does not negate the
commission of rape (People v Gapasan, 243 SCRA 53)
5. It is improbable for a Barrio girl to fabricate stories of
rape which would invite reprisal ( People v Vitor, 245
SCRA 392)
6. Failure to shout or offer resistance does not guarantee
submission of the victim (People v Marabillas)
7. Threatening a victim with a knife is sufficient to cow the
victim (People v Alquizallas)
B. Defending Side
1. Illicit relationship between parties may gain favour in
courts (People v Godoy, 250 SCRA 676)
2. Claim of being threatened is a face-saving subterfuge
(People v Godoy, 250 SCRA 676)
3. Girls in rural areas act with circumspection and great
caution (People v Godoy, 250 SCRA 676)
4. In rape cases, testimony of offended party must not be
given credulity (People v Godoy, 250 SCRA 676)
5. A ravished woman would instinctively shout or resist
(People v Sinatao, 249 SCRA 554)
6. It is unlikely for a woman not to offer resistance when
confronted with such affront to her honor (People v
Sinatao, 249 SCRA 554)
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VI. GETTING INTO THE ISSUE
Pinpoint the specific issues that the conflicting claims of
the parties present and to put them in writing.
A. Multiple Legal Issues
The claims, denials and the counterclaims produce
several issues.
Example:
A contracted B to ship his shrimps with Cs refrigerator. When
the product reached manila, it is already spoiled.
Issues arising from: (1) As claim that B and C were negligent,
(2) Bs claim he was not negligent, that it was the malfunction
Cs refrigerator that spoil the product (3) Cs claim that his
refrigerator is not malfunctioning; Bs crew was not able to
monitor the power supply.
B. Relevant and Irrelevant Issues
While in a case, there will be several issues, your goal is to
determine which issues are relevant or not. As a rule, only
issues that when resolved determine the outcome of the legal
dispute are relevant to the case
Example:
In the above case, the following are relevant issues:
1. Whether or not the refrigerator was malfunctioning11.
2. Whether the crew did not monitor the power supply12.
3. Whether or not B and C were negligent in handling the
product.
The following are irrelevant issues:
1. Whether or not the crew is expert in navigation13.
11
This will determine the liability of C
12
It determines Bs liability
 Midterm Reviewer| LEGAL WRITING| | Arellano University School of LAW 2015

2. Whether or not B was in the ship when the product is

delivered.
Affirmative Claims- the accuser always bears the
C. The Controlling Issue burden of proving the affirmative of his or her claims.
-The issue of which resolution will determine the outcome of Exception: when an accused in a murder case plead for
the case14. self defence15

D. Factual Issues
-Contending parties cannot agree that a thing exists or has
Fair- statement must be fair and not slanted in favour of
actually happened. a party. Example, Whether X used force in raping Y16

Example:
Comprehensive- it must not leave any relevant point
outside its embrace. Example: Whether or not X raped
A and B in a rape case cannot agree whether or not there is a
Y covers even the issue whether or not they are
mango tree near the incident.
sweethearts
E. Legal Issue Specific- the details must be sufficient to enable the
-Contending parties agree on the existence of something but reader to understand what matter is involved and be able
are in different position on its legal significance or effect on to follow the arguments in the case.
their rights

Example: Essence- try to capture in your statement of the issue

In a rape case, both agreed that the stick of B touched As
flower without penetrating it but cannot agree whether or not
such act constitutes rape.
F. Correct Statement of the Issues (Aid: On A Flight
Carrying Several Eggplants)
the essence of the specific violation of right that the
defendant committed. Example: instead of saying
Whether or not the debtor is liable to the creditor, say,
Whether or not the debtor unjustly refused to pay his
debt under a promissory note that he issued in favour of
the creditor.

Opposing Views- by using introductory words whether G. Threshold Issue17

or not, you incorporate opposing views, the positive and
negative into one statement of issue

13 15
It does not possess any connection to the cause of actionthe In such a case, the issue will be stated: whether or not the
spoiled shrimp product accused killed the victim in self-defence
14 16
In the case at bar, relevant issues 1 and 2 are the controlling Note, the statement already presumes that the accused indeed
issues for they determine whether or not B and C are negligent raped Y

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-Those that could slam the door to any judicial consideration of

the case on its merits. Favor- the arguments in favour of your position
Concepts:
Appeal- plead to the good sense of the person who will
resolve the issue.
Falling outside the scope of: (Aid: APPY, as in kawawa [api])
Structure:

Authority- the court has no jurisdiction

X DID NOT RAPE Y
(Your stand in the Issue)
Place- case filed in the wrong place 18
.

Party- case filed by the wrong party or the petitioner has no Arguments Against You Arguments For You
cause of action to file a case against respondent

Years- case filed after too many years Appeal to Your Readers Good Sense

VII. ROUGHING OUT THE ARGUMENT

B. Anatomy of Legal Argument
-Overall picture of your presentation providing purpose and
direction to your writing. -Argument is reason offer to prove your thesis or proposition19.
Example:
A. Balanced Presentation (Aid: TAFA) Proposition: I am funny
Argument: People laugh at my lines
Thesis- state your position or your stand on the issue C. Syllogism

Against- the arguments against your stand but with an -Deductive reasoning to arrive at a conclusion based on two
explanation that those arguments do not doom such position proposition.

17
This takes precedence over the legal dispute. Hence, whether or
19
not RTC Bataan has jurisdiction over the rape case must be decided This is different from an alibi which means an attempt to prove
first before the dispute on whether or not X rape Y that the accused is in some other place at the time the crime was
18
Criminal offense done in Cavite, tried in RTC Bataan committed

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Elements: E. Rules

1. Major Premise- Generally Accepted Truth -Applicable rules include legislative rules and the following:
2. Minor Premise- Statement that brings something within (Aid: Cant Say Rachelle Cant Cry)
a class covered by the accepted truth
3. Conclusion- deduction on the application of the minor
premise to major premise
Constitutional provisions
Example:
Statutory provisions 21

All law student are busy (Major Premise)

Rules of Court 22

Jd is a law student (Minor Premise)

Therefore, JD is busy (Conclusion)
Judicial Precedence- or the Case laws
-Every sound legal argument is combination of the right rule
Common Logic or Common Experience 23

and the right fact. F. Sample Roughed Out Argument

D. Legal Syllogism

Elements:
Rule Statement- (Major Premise)
Case Fact (Minor Premise)
Conclusion

Example:
Crossing the Red light is punishable by law (Major Premise)
JD crossed the red light (Minor Premise)
Therefore, JD should be punished (conclusion)

Key Fact- a fact component of the rule statement for its subject
Example:
In the case at bar, the rule statement is crossing the red light
is punishable by law, its subject is crossing the red light20.

21
Example: Ignorantia Legis non excusat Article 3 Civil Code
22
Example: Offer of compromise from the accused may be received
20
Thus in a major premise of: Mere touching of reproductive organs as an implied admission of guilt
23
constitute rape, touching of reproductive organs is the key fact A person who hides inside a sack cannot tie it from the outside

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H. Arguments that Build Up

X DID NOT RAPE Y Use to support your thesis or position (Aid: Cant Cure Envy)
(Your stand in the Issue)
Credible Witness- favourable testimony comes from them 24
.
Family member of the other party are often regarded as
Arguments Against You Arguments For You partisan.
Vaginal lacerations, usually As a virgin, Y can have
found in rape victims were vaginal lacerations during Common Experience- the version of the party which is
found in Y consented sex consistent with common experience is credible25.
Uncorroborated, X claim is Being sweethearts, it was not
self serving since Y never
admitted it. Or being only a
likely for X to Rape her Elements- If all the elements of a valid claim have been
proved, there is credibility to the argument26
suitor, he was capable of the
crime I. Arguments that Destroy
(Appeal to Your Readers Good Sense) Use this to destroy the opposing sides position if he invokes a
It is fair that the testimony inconsistent with the common wrong rule (Aid: I Waited Because Ces Understands Patience)
experience is not believed
Irrelevance- if the argument raise by the opposing party is
G. Creative Thinking irrelevant to the issue27.
Steps on Creative thinking (Aid: Dont Pay Fees) Weight- the argument given is relevant but produces little
weight on the position.28
Data- be sure that your mine gets all the data and inputs
about the case. 24
Example is the medico legal
25
If X and Y are sweethearts, it is highly probable that they forgot
Problem- Pose the problem to your mind themselves when they were alone together.
26
Hence, if all the elements in rape case can be established, the
claim of the party is credible
Forget about the case. Take time out and let your 27
Whether or not there is a mango tree nearby the alleged rape
subconscious mind do the work. Go to sleep. The answers will scene is irrelevant to determining whether or not a rape took place
28
just pop out of your mind. The argument: Ys failure to see Xs parents to explain his side
shows his guilt produces little weight since Xs brothers would have
killed Y if he immediately went to see them after she cried for rape

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Baseless- the argument presented does not warrant any
proof29.
Contrary to Common Experience- the argument is
inconsistent with common logic or common experience30
Undeniable Facts- argument presented is contrary to
undeniable facts31. No assertion can deny facts that cannot lie.
Prior Claim- when the argument is inconsistent with the prior
claim. Also known as, conflicting testimonies.
VIII. Introducing the Issues
A. Assumption that the Judge is familiar with the Facts
It is not prudent to assume that the judge is well familiar with
the facts of your case. Dont rush on giving your argument to
him, there is a need to introduce the case.
Judge cannot be expected to remember your Facts because:
(Aid: Attend Preaching Mass Service)
Attention Span- even judges attention span is limited. You
cannot expect him to remember everything.
29
Petitioners counsel cannot simply say: X is a good, innocent girl
who will not cry for rape if it was not true, such claim is baseless
30
It is contrary to common experience that a barrio girl will walk
alone in a corn field in the middle of the night
31
When opponent says, X wasted no time and immediately report
the incident to the police. While the police records indicate that X
went to see them 2 weeks after the alleged incident
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Piece Meal- hearings in the Philippines are piece meal 32
. It is
highly probable that the judge dealt with many cases before
yours. You dont want him to mix up the facts with other cases.
Misconception- there is a possibility that the judge
misunderstood the facts from the pleadings or during the
hearing. It is important to introduce to him the facts again.
Summary- the justices of an appellate court may have relied
on the lawyers summary of the facts only.
B. Sufficiency of Introduction
The amount of background facts you put into your pleadings
must contain only the facts needed for an understanding of the
issue or issues that the parties present.
C. Ordinary Appeal
Contains two statements: (1) statement of the case and (2)
statement of the facts
1. Statement of the Case- Describes the nature of the
action and the proceedings it had gone through.
2. Statement of the Facts- narrates the transaction or
event that created the legal dispute and led to the filing
of the suit.
D. Sample Appeal, Form with Example
32
Meaning, gradual
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Plaintiff X filed a criminal case of Rape against respondent

Y with RTC Bataan. The lower court ruled in favour of
petitioner, hence this petition to this court.
(Statement of the Case)

X and Y both attended a wedding party. By 11: 30Pm of

Feb 12, 1969, plaintiff testified that she went home alone If any of you lack wisdom, let him ask of God, that giveth to all
but the respondent followed her on the corn field. He tried men liberally, and upbraideth not; and it shall be given him
to offer to walk her home but she refused. When she James 1: 5
reached the cornfield, he forced her and abused her. She
told her aunt of the incident and submitted herself to
medical examination after 2 days
(Statement of the Facts) GOD BLESS YOUR EXAMINATION

Plaintiffs Version33 of the Defendants Version of the

Facts Facts

- The defendant was his - The petitioner was her

girlfriend suitor
- They walk together - She walk alone that night
- They made love - He forced her and
ravished her
Whether or not defendant raped the plaintiff.
(Issue)

(Body of Arguments)34

WHEREFORE, petitioner Y respectfully prays the court to

set aside the decision of the trial court dated May 1970
and dismiss the complaint against him.
(Relief)

33
Where there is conflicting versions, it would seem best to extract
your facts solely from the direct testimonies from either sides.
34
See chapter 7 (f)

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