Abpi, Monjid

Belardo, Sharlene Ann

Delgado, Rhen
Nial, Kryscel Czarinah
A. Types of Legal Writing
1. Informative Writing
Informative legal writing is an objective expression of information. This is shown through
memoranda, letters to clients and statements of facts within appellate briefs as each communicates fact
instead of opinion (Krinsky, 2012). Examples:
a. Memoranda
Republic of the Philippines
SUPREME COURT
Manila City
JUANA DELA CRUZ,
Defendant-Petitioner,
-versusCIVIL CASE NO. L-12345
For: Ejectment
JANE DOE,
Plaintiff-Respondent
x-------------------------------------------------------------------------x
MEMORANDUM
COME NOW PLAINTIFF-RESPONDENT, through the undersigned
counsel, unto this Honorable Supreme Court most respectfully
submit and present this Memorandum in the above-titled case and
aver that:
THE PARTIES
1. P l a i n t i f f - R e s p o n d e n t J a n e D o e i s o f l e g a l a g e ,
s i n g l e , a n d r e s i d i n g o n 1 0 1 0 G i n o o Boulevard, Pasay City,
where she may be served with legal processes and notices issued by this
Honorable Court . . .
source: Legal Memorandum Sample, Scribd.com/doc
b. Statements of Facts
Plaintiff, through counsel, most respectfully alleges:
STATEMENT OF FACTS:
In order that this honorable court may be enlightened and guided in the
judicious disposition of the above-entitled case, cited hereunder the
material, relevant and pertinent facts of the case to wit:
1. Plaintiff is Luz Diaz, sixty five (65) years old, widow and a resident of
Mountain View Subdivision, Antipolo, Rizal while defendant is Emma
Crisostomo, forty two (42) years old, housewife married and also a
resident of Mountain View Subdivision, Antipolo . . .
source: Trial Memorandum,"BATASnatin
Law Library, batasnatin.com/legal-forms

2. Persuasive Writing
Persuasive writing aims to convince readers to accept a certain viewpoint. The argument section of
appellate briefs exemplifies persuasive legal writing (Krinsky, 2012). Example:
a. Arguments in Support of Appeal
COUNTER-ARGUMENTS
Plaintiff-appellee raises the following counter-arguments to the
assignment of errors raised by the accused-appellant:
I. The clear and convincing testimony of the private complainant is
credible enough to establish the commission of the crime;
II. The testimony of the private complainant as well as testimonies of
other prosecution witness clearly established the guilt of the accused
beyond reasonable doubt ;
III. The testimonial evidence of the private complainant as well as
applicable laws and jurisprudence clearly established conspiracy among
the accused-appellants.
IV. T h e t e s t i m o n y o f t h e p r i v a t e c o m p l a i n a n t a s w e l l
a s t h e a p p l i c a b l e laws and jurisprudence clearly established that
the accused-appellant conspired with the other accused in the
commission of the crime . . .
source: People of the Philippines vs Pedro Sarmiento Tordecilla, Scribd.com/doc/32728759/Appellee-s-Brief
3. Functional Writing
Functional legal writing aims to achieve a particular result as wills, contracts and deeds serve to
create a mutual understanding or agreement between people (Krinsky, 2012). Examples:
a. Will and Testament
1) Notarized Will and Testament
Last Will and Testament of
Janet J. Webster
I, Janet J. Webster, of 321 Championship Drive, White Plains, New York,
declare that this is my Last Will and Testament.
Article I
Preliminary Declarations
I revoke all prior wills and codicils.
I am married to John T. Webster and all refereces in this Will to my spouse
refers to John T. Webster.
I have three living children, named Lisa M. Webster, Paul J. Webster and
Melissa L. Webster. All references in this Will to my child or children, or
issue includes the above child or children, and any child or children
hereafter born to or adopted by me. . .
Last Will and Testament of
Janet J. Webster
I, Janet J. Webster, of 321 Championship Drive, White Plains, New York,
declare that this is my Last Will and Testament.
Article I
Preliminary Declarations
I revoke all prior wills and codicils.
I am married to John T. Webster and all refereces in this Will to my spouse
refers to John T. Webster.
I have three living children, named Lisa M. Webster, Paul J. Webster and
Melissa L. Webster. All references in this Will to my child or children, or
issue includes the above child or children, and any child or children
hereafter born to or adopted by me. . .

source: Last Will and Testament - Example Document, Legaldocs, Legaldocs.com

2) Holographic Will
(NOTE: This should be handwritten)
15, May 2000
I, JUAN B. DELA CRUZ, of legal age, Filipino, married and a resident
of 1212 Teresa Street, Brgy. Valenzuela, Makati City, being of sound and
disposing mind, and not acting under undue influence or intimidation
from anyone, do hereby declare this instrument to be my Last Will and
Testament, which I have written in my own handwriting in English, a
language which I am well conversant, and I hereby declare that all my
properties shall upon my death be distributed to my wife Maria C. Dela
Cruz and to my only child Pedro C. Dela Cruz share and share alike.
source: Sample Holographic Will, Philippine Legal Forms, philippinelegalforms.com
b. Contracts and Deeds

Deed of Assignment and Transfer of Rights

KNOW ALL MEN BY THIS PRESENTS:

This deed, made and entered into this ___ day of __________, 20__ at
the City of Manila, by and between:

Juan de la Cruz, Filipino Citizen, of legal age, married to

Juanita de la Cruz with residence and postal address at 1234
Oak Lane, Standard Subdivision, Quezon City, hereinafter
referred to as the "ASSIGNOR"
-andPedro San Juan, Filipino Citizen, of legal age, married to
Patricia San Juan with residence and postal address at 123A
Somerville Plaza Tower, 5678 Mahogany Avenue, Manila,
hereinafter referred to as the "ASSIGNEE".

WITNESSETH that -

WHEREAS the ASSIGNOR is the buyer of a 2-bedroom unit, located at

18C, Grand Towers Condominium, 234 Taft Avenue, Manila, with an area of
SEVENTY EIGHT (78) SQUARE METERS more or less, covered by
Condominium Certificate Title No. 98765 of the register of Deeds of Manila,
registered in the name of the Bank of the Philippine Islands.;

WHEREAS, the ASSIGNOR has offered to to assign all his rights, title
and interest over the above unit, as referred in said Contract to Sell and the
ASSIGNEE hereby accepts the assignment in accordance with the terms
herein set . . .

source: Deed of Assignment and Transfer of Rights, Philippine Legal Forms, legal-forms.philsite.net

B. Categories of Legal Writing

1. Legal Analysis
A. Predictive Analysis
The legal memorandum is the most common type of predictive legal analysis; it may include the
client letter or legal opinion. The legal memorandum predicts the outcome of a legal question by analyzing the
authorities governing the question and the relevant facts that gave rise to the legal question. It explains and
applies the authorities in predicting an outcome, and ends with advice and recommendations. The legal
memorandum also serves as record of the research done for a given legal question. Traditionally, and to meet
the legal reader's expectations, it is formally organized and written.
1) Analysis
2) Prediction
3) Recommendation
B. Persuasive Analysis
The persuasive document, a motion or a brief, attempts to persuade a deciding authority to favorably
decide the dispute for the author's client. Motions and briefs are usually submitted to judges, but also to
mediators, arbitrators, and others. In addition a persuasive letter may attempt to persuade the dispute's
opposing party.
Persuasive writing is the most rhetorically stylized. So although a brief states the legal issues,
describes authorities, and applies authorities to the questionas does a memorandumthe brief's application
portion is framed as an argument. The author argues for one approach to resolving the legal matter and does
not present a neutral analysis.
2. Legal Drafting
Legal drafting creates binding, legal text. It includes enacted law like statutes, rules, and regulations;
contracts (private and public); personal legal documents like wills and trusts; and public legal documents like
notices and instructions. Legal drafting requires no legal authority citation, and generally is written without a
stylised voice.

C. Definition of Terms
memorandum. 1. An informal written note or record outlining the terms of a transaction or contract <the
memorandum indicated the developers intent to buy the property at its appraised value. 2. A partys written
statement of its legal arguments presented to the court, usu. in the form of a brief <memorandum of law>. 3.
An informal written communication used esp. in offices <the firm sent a memorandum reminding all lawyers to
turn in their timesheets> (Blacks Law Dictionary, 10 th Ed., p. 1133).
pleading, n. 1. A formal document in which a party to a legal proceeding (esp. a civil lawsuit) sets forth or
responds to allegations, claims, denials, or defenses. 2. A system of defining and narrowing the issues in a
lawsuit whereby the parties file formal documents alleging their respective positions. 3. The legal rules
regulating the statement of the plaintiffs claims and the defendants defenses <today, pleading is a much
simpler subject than it was in former years> (Blacks Law Dictionary, 10 th Ed., p. 1339).
motion. 1. A written or oral application requesting a court to make a specified ruling or order. 2. Parliamentary
law. A proposal made in a meeting, in a form suitable for its consideration and action, that the meeting (or the
organization for which the meeting is acting) take a certain action or view. (Blacks Law Dictionary, 10 th Ed., p.
1168).
brief, n. 1. A written statement setting out the legal contentions of a party in litigation, esp. on appeal; a
document prepared by counsel as the basis for arguing a case, consisting of legal and factual arguments and
the authorities in support of them. Also termed legal brief; brief of argument. 2. English law. A solicitors
document that abstracts the pleadings and facts to inform a barrister about the case. 3. ABSTRACT OF
TITLE. 4. CASE NOTE. brief, vb. (Blacks Law Dictionary, 10th Ed., p. 230).

appellate brief. A brief submitted to an appeals court; specif., a brief filed by a party to an appeal pending in a
court exercising appellate jurisdiction. The brief may be filed for an individual party or on behalf of two or
more parties. Also termed appeal brief (Blacks Law Dictionary, 10th Ed., p. 230).
An appellate brief is a written argument in support of or in opposition to the order, decree, or
judgment below. Frederick Bernays Wiener, Briefing and Arguing Federal Appeals 37 (rev. ed.
1967).