10 PRINCIPLES IN LEGAL WRITING

1. To write good sentences, use simple words.

2. To write better sentences, cut the clutters.
3. To write great sentences, create a good story.
4. In writing contracts, consider the essential requisites.
5. In writing affidavits, consider the ultimate relevant facts.
6. In writing briefs, consider the requirements of the law.
7. In making legal positions, let the law be your basis.
8. In making opinions, let the intent of the law be your guide.
9. In making legal decisions, apply the law to the facts and not the facts to the law.
10. In briefing cases, the issue must arise from the facts and must be solved by the law.

PRINCIPLES IN WRITING SENTENCES

I. TO WRITE GOOD SENTENCES, USE SIMPLE USE STRONG VERBS

WORDS. Minimize the BE-verbs:
 is  been
 are  being
Plain English, means:
 was  be
(1) Detest jargons.
 were  am
(2) Use strong verbs.
(3) Turn –ion words to verbs.
(4) Avoid doublets and triplets. Example:
If there is information to If the company has
which the company has reasonable access to
DETEST JARGONS reasonable access, the information, the
Legal Jargons Plain English designated witness is designated witness must
Anent About required to review it so review to prepare for all
Dehors the record Outside the record that the witness is matters of question.
Inter se Among themselves prepared on all matters
Motion for vacatur Motion to vacate of question.
Sub suopericulo At one’s own peril
TURN –ION WORDS TO VERBS
Wordy Better Wording
Common Legalisms Plain English
Are in mitigation of Mitigate
As to About, of, for, in
Conduct an examination of Examine
Bring an action against Sue
Submit an application Apply
Herein In this
Take into consideration Consider
Inasmuch as Since, because
Instant case Here, this case Bloated Phrases Normal Expression
In the event that if In the event that If
Not less than At least On the ground that Because
Prior to Before The majority of Most
Subsequent to After A number of Many, several
Therein In it, in them, inside
 AVOID DOUBLETS AND TRIPLETS
Time-honored legal phrases Sufficient word PRINCIPLES IN WRITING FORMS
Alienate, transfer and convey Transfer
Due and payable Due IV. In writing contracts, consider the essential
Last will and testament Will requisites.
Null and void Null, Void
CONTRACT
II. TO WRITE BETTER SENTENCES, CUT THE A contract is a meeting of minds between two
CLUTTERS. persons whereby one agrees to give something
or render some service to another for a
In drafting a sentence, follow this system: consideration. (Article 1318, Civil Code)

S + V + IO + DO + OC Elements of Contract
There is no contract unless the following
S Subject requisites concur:
V Verb (1) consent of the contracting parties;
IO Indirect object (2) an object certain which is the subject of
DO Direct object the contract; and
OC Other Complements (3) the cause of the obligation which is
established.
S V IO DO OC
The court ruled. Q: Do contracts always require a notarial
The court ruled fairly. acknowledgement?
The lawyer will file the complaint next week.
The court gave the plaintiff a fair chance during the A: No. A notarial acknowledgement is not
trial. always required in contracts, except where
the object is a real right or properties and in
Simplicity: services to be rendered will be more than
1. Simplify one year.
2. Omit needless words
3. Plain words See Appendix A for a sample contract.
4. Active voice
V. In writing affidavits, consider the ultimate
III. TO WRITE GREAT SENTENCES, CREATE A relevant facts.
GOOD STORY.
Affidavit
In “How Lawyers Persuade?,” use Aristotle’s An affidavit is a formal sworn statement of fact,
three (3) modes of persuasion: signed by the declarant called an affiant and
1. Logos, or the appeal to logic, which witness by a taker of oath such as the notary
convinces an audience by use of logic or public.
reason.
Component Parts:
2. Pathos, or the emotional appeal, which 1. A commencement which identifies the affiant;
persuades an audience by appealing to their 2. The individual averments, almost always
emotions — to invoke sympathy, to draw numbered as mandated by law, each one
pity, to inspire anger, etc. making a separate claim;
3. A conclusion generally stating that everything
3. Ethos, or the ethical appeal, which is true, under penalty of perjury, fine, or
convinces an audience through the author’s imprisonment; and
credibility or character.
4. An attestation, usually a jurat, at the end
certifying the affiant made oath and the date.
Jurat
It is that part of the affidavit in which the notary
public certifies that the instrument was sworn to
before him.
See Appendix B for a sample of affidavit.
VI. In writing briefs, consider the requirements
of the law.
A pre-trial brief must contain:
1. a statement of their willingness to enter into
amicable settlement or alternative modes of
dispute resolution, indicating the desired
terms thereof;
2. a summary of admitted facts and proposed
stipulation of facts;
3. the issues to be tried or resolved;
4. the documents or exhibits to be presented,
stating the purpose thereof;
5. a manifestation of their having availed or
their intention to avail themselves of
discovery procedures or referral to
commissioners; and
6. the number and names of the witnesses, and
the substance of their respective testimonies.
See Appendix C for a sample of pre-trial brief.
VII. In making legal positions, let the law be
your basis.
To break the rules, master them first.
If the law is clear, apply the law.
This follows the principle of plain language (i.e.,
verbalegis), which states that if the letters of the
law is clear, apply them.
If the law is not clear, interpret them.
If the law is ambiguous, interpret them by
finding the legislative intent.
VIII. In making legal opinions, let the intent of
the law be your guide.
Note: As a general rule, there is no prescribed
form for Legal Opinion. However,the substance
must meet certain minimumrequirementsof
content.(Abad, 2009)
1. Heading and Introduction
2. Background Facts that
AdequatelyIntroduce the Issues in the
Case
 The Statement of the Case. This is to
provide a clear and concise statement of the
nature of the action. It describes the nature
of the action and the proceedings it had
gone through.
 The Statement of Facts. This is to provide
a background of the transaction or
event involved to enable the court or reader
to see the issues in the proper context. It
narrates the transaction or event that
created the legal dispute and led to the
filing of the suit.
3. The Position you Take on those Issues
 Statement of the Issue(s). This is the
query in which the client seeks out your
opinion concerning the facts surrounding
the issue.
 State the position you take on those
issues. This is the part where you answer
the query, answering based on relevant
statutes and jurisprudence.
4. The Arguments that are in Your Favor or
may be Made Against You
List all the pertinent statutesand
jurisprudence which are not in your favor to
show your client both sides as to not incite
overexcitement to a winning case nor
distress over a possibly losing case.
5. Conclusion and Recommendation (What
You What Your Reader to Do under the
Circumstances)
 In the Conclusion, reiterate the answer to
the question raised in the issue/issues.
 The Recommendation on the other hand
answers the question: “What do you
propose the client would do?” It states the
proposed solution to the issue.
6. Closing Statement.The idea behind every
closing statement is to depart on a good note
after pacing your pleading with every sort of
argument in support of your stand.
(Source: UST Golden Notes 2011)
See Appendix D for a sample of Legal Opinion.
IX. In making legal decisions, apply the law to
the facts and not the facts to the law.
In a decision, the judge makes a choice of which
opposition claims he accepts as true or correct.
But, since due process entitles every litigant to
know the reason or reasons for the decision in
his case, it is incumbent for the judge to make a
clear, logical, and convincing presentation of
that decision. As a rule this requires that he lays
down:
a) the conflicting claims of the parties,
b) the issues that separate them,
c) the resolution of those issues, and
d) an adjudication of the respective rights
and liabilities of the parties.
X. In briefing cases, the issue must arise from
the facts and must be solved by the law.
Case Brief
A case brief is a dissection of a judicial case -- it
containsthe summary of the basic components of
that decision.
The typical components of a case brief are:
1. FACTS, describe the events between the
parties leading to the litigation and tell how
the case before the court that is now
deciding it. Include those facts that are
relevant to the issue the court must decide
and to the reasons for it decision.
2. ISSUE(s),is (are) the question that the court
must decide to resolve the dispute between
the parties in the case before it.
3. RULING,is the court’s decision on the
question that is actually before it.
Technique for Easier Digesting of Cases:
1. Find the issue(s) first. It should be related to
the subject or topic you need.
For example, in Statutory Construction, look
for issue(s) related to legislative intent, legal
maxims, rules of construction, etc.
2. Look for the ruling. Remember that what
you need is the answer to the issue, not a
dicta.
3. Condense the facts. Include only those that
pertains to the issue.
Pointers to Keep in Mind:
(These examination tips are from our various professors and other sources.)
1. WRITE LEGIBLY.
(Enough said.)
2. Observe proper margins, indentations, and
hyphenations.
3. DO NOT USE A SPECIFIC NAME as a
party or signatory to thedocument /
instrument. This will be considered as
marking.Use only generic names like “Mr.
X”, “Mr. Y”, “Juan dela Cruz” or “Pedro
Santos”
4. In writing any legal form, you must
complete it by signing above the
fictitiousnames of the executing party and
on the left margin when required.
5. Always indicate the complete personal
circumstances of the parties whenrequired
(i.e. Name, legal age, postal address, civil
status, nationality anddesignation in the
document)
6. DO NOT BE IN A HURRY TO SUBMIT
YOUR PAPER.Though we’re only given
about an hour to complete the test, hurrying
usually leads to careless mistakes, erasures,
and faulty sentence construction. Keep in
mind his description about a book entitled,
‘Thinking Fast and Slow.”
 A P P E N D I C E S

A. Sample Form of a CONTRACT

REPUBLIC OF THE PHILIPPINES )

NATIONAL CAPITAL REGION ) SS
CITY OF MANILA )

CONTRACT OF LEASE OF REAL PROPERTY

This CONTRACT OF LEASE made and entered into by and between:

JUAN DELA CRUZ, of legal age, Filipino citizen and a resident of 564 España, Manila, hereinafter
known as the LESSOR;
and
PEDRO SANTOS, of legal age, Filipino citizen and a resident of 222 Lacson Street,
Manila,hereinafter known as the LESSEE;

WITNESSETH: That

The LESSOR is the owner in fee simple of a certain parcel of land, together with the buildingsand
improvements thereon, situated in 10 Espana, Manila and more particularly described as follows:

(description of property)

The LESSOR has offered to lease and the LESSEE has agreed to rent the above-mentionedproperty.

NOW THEREFORE, the LESSOR hereby lets and leases unto the LESSEE the
abovedescribedproperty under the following terms and conditions:
1. The monthly rental shall be FIFTEEN THOUSAND PESOS (P 15,000.00), to be paid by
theLESSEE on or before the 5th day of each and every month, plus one per centum (5%) surcharge
permonth for the payment of rentals made after the 5th day of the month due. It is expressly agreed
andunderstood that the payment of the rental herein stipulated shall be made without the necessity
ofexpress demand and without delay on any ground whatsoever;
2. The term of this lease is 10 years commencing on January 1, 2007 and expiring on December
31,2017.
3. The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by
himexclusively for residential purposes and the said LESSEE is hereby strictly prohibited from
using thesaid premises for any other purpose without the prior written consent of the LESSOR;
4. The major and minor repairs shall be for the account of the LESSOR;
5. Taxes and assessments shall be for the account of the LESSOR, while expenses for electricity,water
and other utilities shall be for the account of the LESSEE;
6. Upon the signing of this agreement, the LESSEE shall pay by way of deposit unto the LESSOR
thesum of THIRTY THOUSAND Pesos (P 30,000.00) to be applied in payment of rentals in arrears
andother expenses or charges that the LESSEE may owe in favor of the LESSOR;
a. The each parties shall notify the other at least 30 days in advance of his intention to terminate
thelease.
b. Violation of any of the above terms ipso facto rescinds the contract.
 IN WITNESS WHEREOF, the parties have hereunto set their hands this 15th day of December2006,
in Manila, Philippines.

JUAN DELA CRUZ PEDRO SANTOS

(Lessor) (Lessee)

Signed in the presence of:

Witness 1 Witness 2

BEFORE ME, this 16th day of February, 2007 in the City of Manila, National Capital
Region,Philippines, personally appeared
PEDRO SANTOS, with Residence Certificate No. 123456 issued at Manila, on February 1, 2007,
and Taxpayer’s Identification No. 456789,
and
JUAN DE LA CRUZ, with Residence Certificate No. 123456 issued at Manila, on February 1, 2007,
and Taxpayer’s Identification No. 456789
known to me and to meknown to be the same person who executed the foregoing instrument and he
acknowledged to me thatthe same is his free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand, the day, year, and place above written.

Atty. JUAN SAN JUAN

S. N. 07-11111
NOTARY PUBLIC
 B. Sample Form of an AFFIDAVIT

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) SS

AFFIDAVIT OF LOSS

I, JUAN DELA CRUZ, of legal age, single, and a resident of Espana, Manila, after having beensworn to in
accordance with law hereby depose and say:
1. That I am the owner of a NOKIA N90 CELLULAR PHONE with serial number IMEI789887-7898-74
and unit number 0922-3179003 under account number 9807865643;
2. That on the 28th of January, 2007 with a number of things I was carrying while getting outof my car,
said cell phone must have slipped from my pocket because after I reached myoffice, I hurriedly tried to
get my said cell phone from my pocket but I was surprised that itwas not there anymore;
3. That after diligent search inside my car and office as well as the elevator I used going upto my office,
said cell phone was nowhere to be found anymore;
4. That I am executing this affidavit in order to attest to the truth of the foregoingcircumstances and for
the purpose of reporting the loss to the Globe Business Center.
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of January, 2006 in the Cityof
Manila, Philippines.

JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me, this 15th day of March, 2007 in the City of Manila,affiant
exhibiting before me his Community Tax Certificate No. 123456, issued at Manila on March 1,2007

ATTY. JUAN SAN JUAN

S. N. 07-11111
NOTARY PUBLIC
Until Dec. 31, 2007
Roll No. 0001
P.T.R. No. 0002, 12/31/2007, Manila.
IBP No. 0003, 12/31/2007, Manila.
 C. Sample Form of a Pre-Trial Brief

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City

LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
- versus -

LAKISA HIRAP,
Defendant.
x ------------------------------------- x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from
plaintiff, defendant is open to the possibility of amicably settling this dispute.

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that the desired terms
of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and owing
to plaintiff inasmuch as there is nothing to indicate defendant’s obligations to plaintiff and, second, a schedule of
payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand
Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%)
arising allegedly from unpaid orders delivered to defendant variously in 1989.

2.2. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of :

2.2.1. Plaintiff’s lack of personality to sue and, therefore, not being the real party in interest under Rule 3, section 2
of the 1997 Rules of Civil Procedure;

2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture.

2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral
damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos
(PHP100,000.00) as attorney’s fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of
the demand letter dated January 5, 1997 and her reply to the demand letter.
 3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even
thereafter, defendant admits no other facts stated in the Complaint.

IV. ISSUES TO BE TRIED

4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof:

4.1.1. Plaintiff’s personality to seek legal relief;

4.1.2. Plaintiff’s entitlement to the amount claimed;

4.2. Defendant submits that the following issues she put forward are subject to proof:

4.2.1. Plaintiff’s bad faith in filing this suit;

4.2.2. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiff’s bad
faith;

V. EVIDENCE

5.1. Defendant intends to present the following witnesses:

5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of this suit against her;

5.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged
obligations due and owing in favor of plaintiff.

5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevant to rebut
plaintiff’s claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie
plaintiff’s witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at this
time.

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the
right to resort to discovery before trial.

RESPECTFULLY SUBMITTED.

Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE

Counsel for Defendant
[Address]

Copy furnished:

Atty. MA BOLA
Counsel for Plaintiff
 D. Sample Form of a Legal Opinion

June 28, 2011

Mr. Juan Dela Cruz

101 San Jose St.,
Ermita, Manila

Re: Admission to the Practice of Law in the Philippines

Dear Mr. Dela Cruz:

You have asked our office to render legal advice based on the following facts:
Your son, Thomas, passed the 2010 Philippine Bar Examination. Unfortunately, he diedof a car
accident before he could take his oath. Knowing that it is your son’s longtime dream tobe a lawyer, you
want to put the title “Atty.” in his grave.
Clearly, the issues here that must be resolved to guide you are the following:
1. What Constitutes “practice of law.”
2. Who can be admitted to the practice of law?
3. Is it feasible to petition the Supreme Court to put the title “Atty.” to the name of Thomasin
his grave?
In my opinion, you are precluded from putting the title “Atty.” in your son’s grave. First
andforemost, there is a need to define the word “attorney” from which the prefix “Atty.” wasabbreviated.
Black defines “attorney” as:
In the most general sense this term denotes an agent, or substitute, or one who isappointed or
authorized to act in the place or stead of another. In its most commonusage, however, unless a contrary
meaning is clearly intended, this term means “attorneyat law”, “lawyer” or “counselor at law”. (Black’s
Law Dictionary, 6th ed.) (1)
In the case of your son, the title “Atty.” that is being sought pertains to the title “attorney at
law”which refers to a person admitted to practice law in his respective state and authorized to
performboth civil and criminal legal functions for clients, including drafting of legal documents, givingof
legal advice, and representing such before courts, administrative agencies, boards, etc. (Ibid.)
At this point, it might be helpful to determine what constitutes the practice of law. The
SupremeCourt has defined practice of law, in Cayetano v. Monsod,(2) as:
Practice of law means any activity, in or out of court, which requires the application oflaw, legal
procedure, knowledge, training and experience. "To engage in the practice oflaw is to perform those acts
which are characteristics of the profession. Generally, topractice law is to give notice or render any kind
of service, which device or servicerequires the use in any degree of legal knowledge or skill.
Necessarily, there is also a need to identify who can be admitted to the practice of lawhere in the
Philippines. This question is expressly provided under Section 1, Rule 138 of theRules of Court which
reads as follows:
 Section 1. Who may practice law. — Any person heretofore duly admitted as a memberof the bar,
or hereafter admitted as such in accordance with the provisions of this rule,and who is in good
and regular standing, is entitled to practice law.
Rule 138 of the Rules of Court further provides the following requirements for theadmission as a
member of the bar and, in effect, would entitle such member to practice law inthis country. Its provisions
read as follows:
Section 17. Admission and oath of successful applicants. — An applicant who has passedthe
required examination, or has been otherwise found to be entitled to admission to thebar, shall take
and subscribe before the Supreme Court the corresponding oath of office.
Section 18. Certificate. — The supreme Court shall thereupon admit the applicant as amember of
the bar for all the courts of the Philippines, and shall direct an order to beentered to that effect
upon its records, and that a certificate of such record be given to himby the clerk of court, which
certificate shall be his authority to practice.
Moreover, in the case of Alawi v. Alauya, the Supreme Court decreed that the title of "attorney"is
reserved to those who, having obtained the necessary degree in the study of law andsuccessfully taken the
Bar Examinations, have been admitted to the Integrated Bar of thePhilippines and remain members
thereof in good standing; and it is they only who areauthorized to practice law in this jurisdiction.
Apparently, based on the abovementioned facts, only those people who have been admitted tothe
Integrated Bar of the Philippines (IBP) can use the title “Attorney” or “Atty.”. Oath taking, asprovided by
law, is a requirement before one can be admitted in the IBP as provided in Sections17 and 18 of the Rules
of Court.
In my opinion, it would be futile to petition before the Supreme Court because to allow you toput
the title “Atty.” In Thomas’s grave because such would be tantamount to judicial legislation.
As provided for in Article VI of our 1987 Constitution, the power to enact laws is
lodgedprimarily with our legislative department and the responsibility of the judiciary is simply
tointerpret laws. Hence, considering the case at bar, the Supreme Court has no power to allow youto put
the title “Atty.” In your son’s grave. The only feasible recourse of action for you to do is tolobby before
the Congress that they may legislate laws in order to allow such act.
I hope that my advice is helpful to you and should you have any other legal concerns please
feelfree to contact me.
Very truly yours,

Juan San Juan