COURSE SYLLABUS

LEGAL RESEARCH & WRITING

2nd Semester, S.Y. 2015-2016
Prepared by:
ATTY. DIANA LYNN M. ARELLANO
I.

COURSE DESCRIPTION AND OBJECTIVES

The course will focus on the fundamentals of legal writing, and

introduce students to the basic principles of writing good legal
correspondence, affidavits, and pleadings.
Learning Outcomes
Upon completion of this course, students will be able to:

II.

Appreciate and observe the diligence required for effective legal

writing;
Write more clearly and effectively;
Be able to draft common legal documents and pleadings; and
Recognize the ethical and professional responsibilities involved in
legal writing.
COURSE OUTLINE
TOPIC

Introduction
Importance of Legal Writing
Review of Rules of Grammar

READINGS
What is Good Legal Writing
and Why Does It Matter? by
Mark K. Osbeck, 4 Drexel Law
Review, pp. 417-422.

Introduction to Legal Citations

2004 Rules on Notarial Practice
Efficient Use of Paper Rule
Practical exercise:
Writing a Demand Letter
Writing an Affidavit

Affidavits, Contracts and Deeds

Practical exercise:
Writing a Contract
Writing a Deed
Writing a Power of Attorney
Writing a Notarial Will

LEGAL FORMS USED IN LITIGATION PRACTICE

I. PLEADINGS
A. Pleadings vs. Motions
B. Checklist in Preparing Pleadings

Rule 4, 6, 11, ROC;

Rule VIII (a) R.A. 7160
A.M. No. 11-9-SC

C. Parts & Formal Reqts. of Pleadings

D. Complaint
E. Answer
Writing a Complaint
Writing an Answer

F. Pre-trial Brief

Rule 7, ROC
Rule 139-A, ROC
Bar Matter No. 1132
A.M. No. 07-6-5-SC
Bar Matter 1922
Rule 6, ROC
Rule 2, ROC

Rule 18, ROC

A.M. No. 03-1-09-SC

Writing a Pre-Trial Brief

G. Modes of Discovery
H. Judicial Affidavits
I. Motions

Rule 23 29, ROC

A.M. No. 03-1-09-SC

Writing a Motion for Extension

Writing a Motion for Default
Writing a Motion to Lift Order of Default

Writing a Motion for Deposition

Writing a Motion for Nunc Pro Tunc Order

II. PROVISIONAL REMEDIES

A. Preliminary Attachment
B. Preliminary Injunction

C. Protection Order
D. Replevin

III. SPECIAL CIVIL ACTIONS

A. Declaratory Relief
B. Certiorari

C. Prohibition
D. Mandamus
E. Foreclosure of Real Estate Mortgage

IV. SPECIAL PROCEEDINGS

A. Probate or Allowance of Will
B. Guardianship

C. Writ of Habeas Data

D. Writ of Kalikasan

Rule 57
Rule 58

R.A. 9262
Rule 60

Rule 63
Rule 65
Rule 65
Rule 68
Rule 72
Rule 76
R.A. 8369
A.M. No. 03-02-5-SC
Rule 95, 97; A.M. No. 08-1-16SC
A.M. No. 09-6-SC

E. Petition for Legal Separation

V. LEGAL FORMS IN CRIMINAL CASES

A. Complaint Affidavit
B. Counter Affidavit

A.M. No. 02-11-11-SC

Rule 110
Rule 112

C. Motion to Quash
D. Petition for Bail

Rule 117
Rule 114

E. Demurrer to Evidence
F. Motion to Quash Search Warrant

Rule 119
Rule 126

VI. APPEALS AND PETITIONS

CITATIONS, QUOTATIONS, AND PLAGIARISM

In the Matter of the Charges

of Plagiarism, etc., against
Associate Justice Mariano C.
Del Castillo, A.M. No. 10-7-17SC, February 8, 2011
Vinuya v. Romulo, G.R. No.
162230, April 28, 2010
Rule
10
of
Code
of
Professional Responsibility