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Objectives: To provide and enhance students of law with basic knowledge in
the preparation of legal and judicial documents in brief, clear and concise
manner and well-studied as well.
A. Purpose: To discuss solutions to legal problems keeping in mind the
intention to inform, to predict and to persuade.
B. Context Advisory Writing: Legal Opinion, and
Argumentative Writing: Pleadings
C. Structure
(1) Introduce, Explain and Conclude (outline)
(2) Guidelines
(3) Content
A. Grammar and Syntax

Use of Who or Whom
Use of Personal Pronouns
Use of Reflexive Pronounces
Which to Use the: Who, Whom, or That
Pronoun Reference
Use of Sex-Linked Pronouns
Use of Subjunctive Mood

B. Mechanics and Usages:

1. Italics
2. Ellipses Points/marks [ . . . or ***] denoting omission or
suppression of letters or words.
3. Numerals
4. Typographical Conventions
C. Punctuation and other marks in the sentence construction



Quotation Marks
Exclamation Point
Punctuation of Citations
Punctuation of Structured Enumerations

III. THE NOTARIAL LAW (AM NO. 02-8-13 SC) as amended by Supreme
Courts Resolution dated February 19, 2008 on Sec. 12 (a), Rule II of 2004
Rules of Notarial Practice Competent Evidence of Identity such as
government issued IDs.
A. Definition of Notary Rule (Rule II, Sec. 9)
B. Appointment and Qualification of Notaries Public (Rule III, Secs. 1-10)
C. Jurisdiction and Powers of Notaries Public (Rule III, Sec. II, AM No. 02-13 SC., Rule IV)
D. Notarial Register (Rule VI)
E. Revocation of Commission (Rule XI)
F. Offenses Against Notarial Law (Sec. 1, Rule XII)
G. Notarial Fees (Rule V)

Preliminary Statement
Narration/Declaration of Facts
Purpose of Statements
Jurat (Rule II, Sec. 6/Sec. 12, AM No. 02-8-13 SC)
Acknowledgment (Rule II, Sec. 1/Sec. 12, A.M No. 02-8-13 SC)

Special Power of Attorney

F. Commonly-used Affidavits:

Affidavit of Loss
Affidavit of Desistance
Affidavit of Publication
Quitclaim (Employer/Employee Relationship)
Direct testimony of the witness, subject to the right to object
to inadmissible portions and to the right to cross-examination
by the other party (A.M. No. 03-1-09-SC, August 16, 2004,

as amended by Judicial Affidavit Rule, A.M. No. 12-8-8-SC,

September 4, 2012)

Means to wit; namely

Used to particularize a general statement (ex: Republic of the Philippines;
but more particularly in Quezon City)
Omission of SS is not material as to invalidate it



Act of one who has executed a deed, Part of an affidavit where the officer
in going before some competent officer certifies that the same was sworn
or court and declaring it to be his act before him
or deed
Authorizes the deed to be given in Gives the document a legal character
evidence without further proof of its
execution AND entitles it to be
When used:

When used:

agreement -affidavits
between 2 or more persons
-where the document contains a
-when person executing makes a
disposition of property
statement of facts or attests to the
truth of an event, under oath
Cardinal Rules in Drafting Legal Contracts:
1. State the particular kind of contract or agreement to be drafted.
2. The FULL NAMES of the parties, their capacity, civil status and residences
should come next.
3. The PRINCIPAL or OPERATIONAL CLAUSES of the document should be
stated in separate, numbered paragraphs.
4. Verbosity should be avoided
5. Specific or technical terms, which have special meanings in the document
should be defined.

6. Names of parties should be repeated.

7. Document must be neat, free from erasures, interlineations or suspicions
of alterations.
8. A clause may be inserted at the end of an agreement that:
This contract shall extend and be binding upon the parties thereto,
their executors, administrators and assigns.
9. The PLACE and DATE of execution usually come last, and may be stated
Signed in the City of Manila, Philippines, this __ day of ___, 2008.

Contract or Agreement


No need for the vendee or other party Vendee or other party must sign both
to sign the deed/contract nor the the deed and acknowledgment
acknowledgment thereof
Parts of a Typical Deed

Part one:
Act of conveyance
Part two:
A. Forms in a Partnership

Articles of Partnership

B. Forms in a Corporation

Articles of Incorporation By-Law

Secretarys Certificate
Board Resolution

Certificate of Increase of Capital Stock

Resolution to Dissolve
Affidavit of Non-operation
Voting Trust Agreement

C. Contracts Related to Real Property Transactions

Agreement of Lease with Option to Purchase

Application for Registration of Land
Construction Contract
Contract of Lease
Contract to Sell
Deed of Exchange
Deed of Transfer of Rights
Option to Purchase
Deed of Real Estate Mortgage/Release of Mortgage


A. Memorandum of Law

Quotes significant portion of constitutional provisions,

statutes, regulation, written law or jurisprudence.

B. Memorandum of Facts

Summary of significant facts of the case

C. Legal Brief

Includes facts, laws and proposed legal actions.

D. Legal Opinion

Response to queries by a client


A. Common Elements
1. Acknowledgement by an Individual/Several Persons/Corporation

2. Verification and Certification

3. Certification of Non-Forum Shopping
B. Captions

Supreme Court
Court of Appeals
Regional Trial Court
Metropolitan Trial Court
Other Administrative Agencies

C. Content

Preliminary Statements
Jurisdictional Grounds
Statement of the Case
Summary of Arguments
Discussion of Arguments
and Address Lawyers credentials, such as,
Statement of Contact Details of Parties or their counsels in all
papers and pleadings filed with the SC telephone numbers, fax
numbers, cellphone or e-mail address in addition to the
counsels PTR, IBP and Roll of Attorneys Numbers (Bar Matter
No. 1132) and MCLEE (Bar Matter No. 1922) requirements (A.M.
No. 07-6-5-SC, July 10, 2007).
Pleadings in Civil Cases
Pleadings in Criminal Cases
Special Proceedings (Refer to Part II, Special Proceedings, Rules of

H. Provisional Remedies (Refer to Rules of Court)

I. Appeals (Refer to Secs. 10, 11 and 12 of Rule 46 for Civil Cases; Sec.
5 and 6 of Rule 124 for Criminal Cases)
J. Filing and service of the pleadings (personal, registered mail under the
provisions of the Revised Rules of Court, and Rules on E-Filing under A.M. No.
10-3-7-SC, in relation to Rule for the Efficient Use of Paper under A.M. No. 119-4-SC).

The following are lifted from the Fifth Revised Edition of the Philippine Manual of
Legal Citations, which was prepared by the U.P. Law Center. The manual is
closely patterned after the Uniform System of Citation (the Bluebook of
Harvard) of the United States of America, from which many of our laws were
A. Primary Sources
1. Court Decisions
a. Case Names

Take note of the five (5) components of citations to cases, to wit:

Case name
Volume & name of reported
Name of the Court/Agency rendering the decision
Case number
Date of the decision

General Rule
When you cite cases, give the surname of the parties, the volume, the
title & page of reports, and the year of promulgation in parenthesis.
Abbreviate the word versus or contra as v. When used in text,
underscore the title of the case (if printed, italicize); and place the source
or citation in the footnote.
Ex: Pacquai v. Dela Joyau, 123 sCRA 456 (2008)
If two (2) or more actions are consolidated in one (1) decision, cite only
the first case listed.
Ex: Correct
Pacquai v. Dela Joyau, 123 SCRA 456 (2008)
Pacquai v. Dela Joyau; Pacquai v. Abarrera; Pacquai vs.
Pacquai v. Morales, 123 SCRA 456 (2008)
Case titles used in pleadings must be underlined if used in text.
printed, italicize it.


Ex: In Pacquiao vs. Dela Hoya, 123 SCRA 456, the Supreme Court
ruled that x x x.
Crime does not pay. (Pacquiao v. Dela Joya, 123 SCRA 456)

Islamic and Chinese names must be cited in full because their similar
names, coupled with the absence of a middle name/initial, would make it
hard to distinguish one person from another. For those with Christian or
regular first names, follow the general rule.
Ex. Luk Yu Wen v. Arroyo, instead of Luk v. Arroyo
Fong v. Gan, instead of Louie Fong v. Gunther Gan
Compound names must be cited in full
Ex: People v. De la Merced, instead of People v. Merced
Macapagal-Arroyo v. Estrada, instead of Arroyo v. Estrada

Names of juridical entities must be cited in full. Words forming part of

such names may be abbreviated, except the first word. However, in
partnerships, do not omit any portion of the partnership name, as each
and every partner is liable.
Ex: Procter & Gamble Philippines, Inc. v. Uniliver Philippines, Inc.
Poblador, Bautista & Reyes Law Offices v. Maronilla & Recinas
Law Offices
Cite cases involving the Government of the Philippines and criminal cases
as follows: Government v. ______________
Republic v. _________________
People v. ___________________
In cases, involving public officers/offices, observe the following rules:
1. If a person is named in his official capacity, cite his name only.
Ex: Gonzales v. Hechanova, instead of Gonzales v. Executive
2. If an office is named, cite its complete name.
Ex: Commission on Elections v. Gil
If a municipality, city or province is involved, cite the same completely.
Ex: Province of Rizal v. Bonifacio
If case names begin with procedural terms, such as Ex parte, Ex rel and
In re (In the matter of), cite them as they appear in the decisions.
Ex: In re Balicanta
B. Case Reports
Supreme Court
Note that Supreme Court decisions are printed in an official reporter
and in at least two (2) unofficial reports. If a decision is found in
both, use the official citation.

Official Reports Official reports, such as the Philippine

Reports, are printed out of funds provided by the Legislature.
Unofficial Reports They pertain to commercially published
reporters such as the Supreme Court Reports Annotated or SCRA
(published by Central Bookstore) and the Supreme Court Advance
Decisions or SCAD (published by Rex Bookstore)

If the case is not yet published in the Philippine Reports, SCRA or

SCAD, cite the G.R. number and date.
Ex: Pacquiao v. Dela Hoya, G.R. 123456, September 11,

Philippine Reports
Volume Phil. Page (year)
Ex: Pacquiao v. Dela Hoya, 123 Phil. 456 (1945)

Official Gazette

G.R. No. ______, date promulgated, volume O.G. page (month &
Ex: Pacquiao v. Dela Hoya, G.R. No. 12345, September 11, 1945,
12 O.G. 34 (Sept. 1947)

Indicate the supplement number, page and date of issue if the

decision is found in a supplement.
Ex. 12 O.G. Supp. No. 11, 22 (Nov. 1950)

General Register (Advance Decisions of the Supreme Court)

G.R. No. _______, date of promulgation <omitting the L which

refers to post-liberation decisions
Ex: Pacquiao v. Dela Hoya, G.R. No. 12345, November 2, 1960
Court of Appeals

Appellate Court Reports

volume C.A. Rep. page (year)

Ex: Pacquiao v. Dela Hoya, 8 C.A. Rep. 488 (1947)

Court of Appeals Reports, Second Series

volume C.A. Rep. 2d page (year)
Ex: Pacquiao v. Dela Hoya, 2d 70 (1962)

Court of Appeals General Registrar-Advance decisions of the C.A.

C.A. G.R. No. _____ -R, CV, CR or SP, date of promulgation
Ex: Pacquiao v. Dela Hoya, C.A. G.R. NO. 12345-R, Nov. 2, 1960

Official Gazette


C.A. SP No. _____, date of promulgation, volume O.G. page

(month & year of issue)
Ex: Pacquiao v. Dela Hoya, C.A. SP No. 12345, May 25, 1987, 12
O.G. 345 (May, 1990)


Sandiganbayan Crim. Case No. ____, date of promulgation, volume

Sandiganbayan Rep. page (year)
Ex: People v. Ejercicio, Sandiganbayan Crim. Case NO. 001, May 25,
2001, 1 Sandiganbayan Rep. 101 (2001)
o Court of Tax Appeals
CTA Case No. ___, date of promulgation
Ex: Pacquiao v. Commission of Internal Revenue, CTA Case No.
123, July 4, 2001
o Regional Trial Court
RTC (place, Branch No. __) Crim. Case or SP No. R-__, date of
Ex: People vs. Pacquiao, RTC (Manila, Branch No. 1) Crim. Case
R-1234, August 1, 2001
o Metropolitan/Municipal/Municipal Circuit Trial Court
MeTC/MTC/MCTC (place, Branch No. __) Civil/Crim. Case No. ___,
date of promulgation
Ex: Pacquiao vs. Dela Hoya, MeTC (Manila, Branch No. 1) Crim.
Case N. 123-C, November 12, 2001
o Shariah District and Circuit Court
Shariah Dist./Cir. Ct. (place) date of promulgation
Ex: Al-Huseini v. Sharma, Shariah Dist. CT. (Zamboanga City)
Special Proceeding No. 001-23, September 11, 2005
o Administrative Decisions
name of agency, case number, date of promulgation
Ex: Gonzales v. Lozada, DOJ Case No. 1234, March 12, 2007
C. Statutory Materials
1. Constitution


o Cite the Constitution by making reference to the article, section and

paragraph. When the Constitution is no longer in force, put the year in
Ex: CONST. (1935), Art III, sec. 1, par. (3)
CONST., Art. I
2. Session Laws
o Reference to article, section or paragraph should follow, not precede, the
main citation if the citation is in the footnote.
a) Public Laws, 1900-1934
Act No. __ (year of effectivity), volume Public Laws Com.
Ex: Act No. 1160 (1904), art. 3
b) Commonwealth Acts, 1935-1945
Com. Act No. __ (year of effectivity), volume Public Laws
Com. page
Ex: Com. Act No. 52 (1936), sec. 2(b)
c) Presidential Decrees, September 21, 1972-February 20, 1986
Pres. Decree No. __ (year of effectivity), volume Vital Docs,
Ex: Pres. Decree No. 603 (1975)
d) Batas Pambansa, July 23, 1984-February 1, 1986
Batas Blg. __ (year of effectivity), volume Acts & Res. Page
Ex: Batas Blg. 80 (1981), Acts & Res., 1980-81, 1-30
e) Executive Orders, February 23, 1986-July 26, 1987
Exec. Order No. __ (month & year)
Ex: Exec. Order No. 329 (1950), 46 O.G. 2035 (July, 1950)
f) Republic Acts, 1946-1972; July 27, 1987-present
Rep. Act No. __ (year of effectivity), volume Laws & Res.
Ex: Rep. Act No. 1792 (1957), sec. 4
3. Codes
o Cite the name of the particular code, article number and/or section
If the code is no longer in force, indicate the year in


4. Bills, Resolutions & Committee Reports

o House of origin, serial report number, Nth Congress, session (year)
o For committee reports, give the name of the committee.
Ex: S. No. 5, 6th Cong. 1st Sess. (1966)
5. Treaties & International Agreements
o name of agreement, date of signature by the Philippines, (effectivity
date), source of the text of the treaty
Ex: Treaty of Friendship with Friendship with India, July 11, 1952
(1953), II-2 DFATS 1, 2 P.T.S. 797 203 U.N.T.S. 73
6. Presidential Acts
o Executive Order No. ___(year)
Ex: Exec. Order No. 329 (1950), 46 O.G. 2035 (July, 1950)
o Proclamation No. ___ (year)
Ex: Proc. No. 784 (1961), 57 O.G. 7122 (September, 1961)
o Administrative Order No. ___ (year)
Ex: Adm. Order No. 21 (1966), 62 O.G. 7194 (October, 1966)
o General Order No. ____ (year)
Ex: Gen. Order No. 40 (1972)
o Letters of Instructions No. ____ (year)
Ex: L.O.I. No. 250 (1973)
o Letters of Implementation No. ___ (year)
Ex: L.O. Impl. No. 6 (1972)
7. Opinions of the Secretary
o Secretary of Justice Opinions No. ___, s. (year)
Ex: Sec. of Justice Op. No. 280, s. 1982
8. Administrative Rules & Regulations
o abbreviated name of agency, designation either as administrative order,
order, circular, bulletin, rules & regulations, etc., serial number, (year of
Ex: DNR (Forestry) Adm. O. No. 25 (1976)
9. Ordinances


o name of provision/municipal unit, serial number of ordinance, date of

Ex: Manila Ordinance 90210, November 12, 2006
10. Court Rules
o RULES OF COURT (year of effectivity if no longer I force), Rule __, sec.
__, par. __
Ex: RULES OF COURT (1940), Rule 19, sec. 7, par. (b)
B. Secondary Sources
1. Books & Pamphlets
o volume, author (initial of first name & surname), title of book, page,
section or paragraph, edition, (date)
Ex: P. Fernandez & C. Quiason, LABOR STANDARDS & WELFARE
LEGISLATION 173 (1964)
2. Collection of Essays or Articles
o If all essays or articles are by the same author, his name (initial of first
name, then surname) and the title of the book are printed in large caps
and the title of the particular essay or article in italics.
3. Periodic Articles
4. General Rule
o initial of firs name, then surname, title of the article in italics, volume,
name of periodical in large caps. (page & year in parenthesis)
Ex: T.R. Castro, The Legal Basis of Military Tribunals in a Martial law
Situation, 2, J. INTEG. BAR PHIL. 128, 131 (1964)
5. Name of Author Omitted
o If the name of the author is omitted or if the article is unsigned, and the
materials and notes of students are identified by title only, Descriptive
Notes or Special Projects then cite as follows:
Ex: Note, Nuances in Cockfighting Law, J. INT. BAR, Vol. III (1982)
6. Multiple Authors


o List each authors last name in the order listed in the article, with the last
two names separated by the symbol &. Do not use et al.
Ex: Pe, Manansala & Manansala, Philippine Barangay Justice System,
Manila, 1999
7. Symposium Articles
o Cite in the same manner as any other periodical article, without reference
to the title of the symposium
Ex: Lapuz, Law: View form the Academe, HUMAN RIGHTS TODAY, 2
8. Articles in More Than One Part
o Indicate the number of parts in parenthesis and cite the first page of each
Ex: Parlade, Problem Areas in International Commercial Arbitration
(pts. 1-2) 25, THE LAWYERS REVIEW 14-19 (1999)
9. Newspapers
o Titles of newspaper are cited with the date of issue, page, and column.
Ex: Philippine Daily Inquirer, Dec. 25, 2007, p. 1, col. 1
o Meanwhile, cite a signed article (but not a news report) by its author and
Ex: Arroyo, Two Months Behind the Iron Curtain, Manila Times, Dec.
12, 1966, p. 1, col. 2
10. Annotations
o Cite by volume number, title of the case report, page number of the
beginning of the annotation, and date of publication of said volume.
However, if the annotation is signed and has a distinctive title, follow the
rule on periodical article.
Ex: Annot., 19 SCRA 280 (1967)
11. Letters, Speeches & Interviews
o General Rule
Cite the name of the letter written and his correspondent, and the
date the letter was written. If available, include citation to printed
work and follow the rule on Collection of Essays or Articles.
o Interviews


Indicate the person interviewed, his designation, if any, place of

interview and date.
Ex: Interview with Manuel C. Roura, Chief of the Polygraph
Division, National Bureau of Investigation, Manil, February 18, 1970
o Speeches
For speeches without title, cite the speaker, occasion, place and
date. If found in printed work, include the citation to it. For
speeches which have titles, follow the rule on Periodical Article.
Ex: J.N. Bellosillo, Challenges for the Judiciary in the 21 st Century
(8th National Convention-Seminar of the Philippine Women Judges
Association, Manila Hotel, March 12, 1999), 4 CT. SYSTEM J. 1
(June, 1999)
12. Encyclopedias
o volume number in Arabic, title of the encyclopedia as abbreviated in the
form stated by the publisher, the topic in italics, section/page number,
and date of publication in parenthesis
Ex: I PHIL. LAW Jur., Administrative Law, 399 (1975) 81 AM. JUR. 2d
Wills 7 (1976)
13. Looseleaf Services
o volume number, if any, name of services in abbreviated form including the
publisher if necessary, page number/subdivision
Ex: PAR LAB. MAN. REP. 38.12 (March 15, 1975)
14. Book Reviews
o name of reviewer, Book review, volume number, title of periodical in
abbreviated form, page number and (year of publication)
Ex: J.R. Coquia, Book Review, 48 PHIL. LJ. 696 (1973)
15. Unpublished Materials
o Give exact date in parenthesis.
Ex: Letter form Jose Rizal to Ferdinand Blumentritt (December 27,
16. Internet Sources
o Periodical Articles
author(s), title of article, volume, journal title, article reference
(year) <journal uniform source locator> [paragraph pinpoint]


Larry Innes, Aboriginal Rights and Interpretative
Responsibility, 4 E. Law (1977)
o Cases Published in Electronic Form
Use this only if case has not been published in print form yet.
surname of parties, [court] G.R. No. __, date of promulgation
(Unreported, ponente, uniform source locator at date file retrieved
Ex: People v. Alquizales, [Supreme Court] G.R. No. 128386,
J. November 15, 1999 [11-12]
o Statutes/Rules Cited in Electronic Form
state/county, title of statutes/rules, date of adoption/promulgation
by name of authority uniform source locator at date file retrieved
[paragraph pinpoint]
o E-mail
Author of e-mail message, subject line of the message [online]
available e-mail: name of recipient from date of message
Ex: B. Taylor, Children and Teleconferencing [online] available
email: from
April, 1997
C. Transcript of Stenographic Notes (T.S.N.)
o TSN, (name of witness, in any) pp. ___, date notes were taken
Ex: TSN (Rowena Agustin), p. 19, Nov. 8, 1994, TSN (Amora Duque),
pp. 7 8m Nov. 22, 1994 (See 330 SCRA 546)

D. Repetition of Citations & Signals to

Support Statements Made in Text
1. Supra
o Use the word supra to identify a case or publication previously
cited on the same or immediately preceding page. It should not be
used to refer to cases, statutes or constitutions except in ordinary


circumstances, such as when the name of the author is extremely

long. It is always italicized.
Ex: Lao Ichong v. Hernandez, supra at 27
o The word supra may also be used where reference to a
complete footnote is made.
Ex: See note 75, supra
2. Infra
o Infra is seldom used for citation cross-reference because it is
still best to put the full citation first. Apply the same rule as in
supra cross-reference.
3. Ibid
o If reference to a citation is immediately repeated with the same
volume and page number, the successive designation should read
only: Ibid. It should always be italicized and not used to cite
primary sources.
4. Id.
o Id. is used in citation sentences and clauses for any kind of
authority. In briefs, legal memoranda and similar materials, use
When citing the immediately preceding authority.
periodical article footnotes, use id. When citing immediately
preceding authority within the same footnote contains only one
authority. When the first citation refers only to part if an authority,
do not use id. for a subsequent citation to the entire authority. If
the successive citation refers to a different page of the same
case/publication, use id. And indicate page. It should be
italicized and not used to cite primary sources.
1962) Id., at 555
5. Op. Cit.
o Use op. cit. supra preceded by the authors name and followed by
the earlier footnote reference and page number. For treatise or
scholarly writings, the word supra is generally omitted.
Ex: V. SINCO, op. cit., note 5 at 133
E. Memorandum of Authorities


- Memorandum which contains primary and secondary authorities

Synopsis of the case
The allegations of the complaint
A careful presentation of the various arguments and issues
of each side.
Desired resolution to be rendered by the proper court and
allowance of any other just and equitable prayer