Legal Writing

How do you introduce the issues?

To introduce the issues, the following must be summarized:

1. Statement of the case – contains the type of action, basis of action, answer, decision and appeal.
2. Statement of facts – write sufficiently to enable the judge to have a better understanding of the
issue that you would want to resolve.
3. Issues – A “whether or not” issue
4. Body of arguments – devleop arguments that would settle the issues presented
5. Relief – ask for a prayer. What do you want the judge to grant you?

How do you write a motion to quash?

A motion to quash is a request to a court to render a previous decision of the lower court null and void. To
write a motion to quash, the following format may be followed:

1. Prepare a short introduction of the charge.

The prosecution has accused Lazaro of estafa by ... (brief statement of the case)

That on or about August 15 in Makati City, the said accused ... (brief statement of facts)

2. Present the issues.

The issue in this motion to quash is whether or not the facts presented constitute estafa.

3. Present your arguments.

You may build or destroy arguments presented in the lower court.

Arguments that build:

a. Testimony of a credible witness

b. Whether the elements of estafa are complete
c. Facts are in accordance with common practice

Arguments that destroy:

a. Arguing that the other party raised the wrong legal basis
b. The argument of the other party is baseless
c. Contrary to common experience
d. Argument is inconsistent with the facts presented

4. Prayer

Wherefore, plaintiff respectfullly prays the Court to issue an order quashing the information and
dismissing the case.
How do you write an argument?

You can write arguments in two ways:

1. Briefly state first the argument of the other party with the intention to introduce your
argument.

Ex. Petitioners contend that ... These arguments cannot pass. Petitioner’s argument that ... is contrary to ...
Moreover, common experience dictates ...

2. State your thesis and your intentions to support it with arguments.

Any of the above must follow the three statements of an argument.

1. Rule of statement – what is your legal basis? Your basis may also be a common experience.
2. Statement of fact – how is the rule applied in the case
3. Conclusion – This statement shows how the rule and statement of fact would logically play out. It
may be inferred ... Hence ... Indeed ...

Example

Rule statement: Under the Maria Clara principle, a woman’s testimony standing alone, can support a
conviction for rape. Such testimony must be conclusive, logical and probable.

The case fact: The findings of the medico legal however disprove such claim. The medico legal officer
did not find any bruise either on her back or on her arms, which would have been appranent if Ronald, did
rape Julia.

Conclusion: This can only mean that Julia and Ronald had intercourse in a safe and consented manner.

How do you write a legal opinion?

Writing a legal opinion follows these steps:

1. Ascertain the clients purpose – does he merely want to know his rights? does he have to make
an important decision that could have deep repercussions for him? Will he face a lawsuit?
2. Do pre-work – Get all the facts to form a concrete opinion.
3. Do the write-up
Format:

Dear Mr Custodio:

Here is the opinion that you requested.

The facts, as I gather from you and your documents are as follows:

(Narrate the facts)

The question you pose is whether or not ...

In my opinion, (provide for the answer) ...

I base my opinion on the following:

Article 1 of the Family Code provides that ... (legal basis)

Further,

Your issue contemplates on ... (application)

Please let me know if i can be of further assistance to you in this matter.

Sincerely,

JOSHUA L CUSTODIO

Take Note:

Not all disputes are best resolved through litigation. They are best avoided the client is practically
bankrupt or when a litigation will result to a more injurious relationship between your client and his
relatives.

How to write a trial memoranda?

A trial memoranda is a document demanded by the Court judge to be submitted to assist him in having an
overview of the case. It includes the following information:

1. The parties
2. Material dates
3. Statement of Matters involved (why did the CA erred in making the decision)
4. The facts and the case
5. Questions of law
6. Reasons for allowing the petition (you argue here for merits)
7. Prayer
How to write petitions for review?

When you lose a case in CA, your last recourse is to file an appeal by certiorari to the SC. It is
initiated by filing a petition for review that has features of an original complaint.

The petition must be:

1. Clear
2. Brief
3. Interesting