Writing the Argument After writing the introduction to the issue or issues in the case, you step into the second part of the write-up stage: putting, flesh and color to your arguments and making your closing statement. Jump Off Points Asa rule, you need to be launched into your argument by some topic or opening statement. Most experienced writers jump off with a topic statement that signals or defines the direction of their argument, This is usually done in two ways: 1, You can launch your argument by briefly stating your opponent's claim with the intention of defining the area that your argument will attempt to assail. For example: [Your statement of the opposing claim:] In support of their first assignment of error, petitioners contend that since its inception in the 1970s, the club in practice has not been a corporation. They add that it was only the respondent spouses, motivated by their own personal agenda to make money from the club, who surreptitiously caused its registration with the SEC. They then assert that, at any rate, the club has already ceased to be a corporate body. Therefore, no intra-corporate relations can arise as between the respondent sponses and the club or any of its members. Stretching their argument further, petitioners insist that since the club, by their reckoning is not a corporation, the SEC does wmuz FUNDAMENTALS OF LEGAL WRITING not have the power or authority to inquire into the validity of the expulsion of the respondent Seca: Consequently, it is not the correct forum to review the challenged act. In conclusion, petitioners put respondent spouses to task for their failure to implead the club as a necessary or indispensable party to the case. ___ four argument:] These arguments cannot pass judicial muster. Petitioners’ attempt to impress upon this court that the club has never been a corporation is devoid of merit. It must fail in the face of the Commission’s explicit finding that the club was duly registered and a certificate of incorporation was issued in its favor x x x. It ought to be remembered that the question of whether the club was indeed ‘piece ae fveiel stories ort toe which necessitates a factual inquiry. On this scor the finding of the Commission, as the administrative agency tasked with among others the function of registering and administering corporations, is given great weight and accorded with high respect. We therefore have no reason to disturb this factual finding relating to the club’s registration and incorporation. [Another argument:] Moreover, by their own admission contained in the various pleadings, which they have filed in different stages of this case, petitioners themselves have considered the club asa corporation. This admission, under the rules of evidence, binds them and may be taken or used against them. Since the admission was made in the course of the proceedings in the same case, it does not require proof, and actually may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. x x x (Vesagas v. Court of Appeals, 371 SCRA 508, 513-514; penned by Justice Reynato S. Puno.) - WRITING THE ARGUMENT 103 Note that, in the above, the jump off statements followed by two arguments that strike at the merit of the opposing position 2. You can also begin your argument by stating your thesis or proposition, your intention being to support it with the argument that follows. For example: [Statement of your thesis:] The trial court correctly disbelieved his alibi. [Your argument:] Alibi and denial, if unsubstantiated by clear and convincing evidence, are negative and self-serving evidence that deserve no weight in law. They cannot be given greater evidentiary value over a credible Witness’ testimony on affirmative matters. Except for Lina Linatoc’s corroboration, the only evidence supporting the alibi and denial of appellant is his ‘own say-so. And Lina happens to be his common. law wife; thus her testimony is necessarily suspect and cannot prevail over the offended party's positive identification of the accused as her rapist. (People v. Viernes, 372 SCRA 231, 249-250; penned by Justice Artemio V. Panganiban.) Go over any legal writing and almost always you will discover the use of the same pattern: a topic sentence (the ‘opposing claim or the writer’s thesis) followed by the argument, Three Statements of an Argument We said that every sound legal argument is the right rule and the right fact, put together. A legal argument is made up of three statements: (1) the statement of a rule that applies to a sven fact or set of facts (the rule statement); (2) the statement dof the fact of a particular case that opens up such case or closes it to the application of the rule (the case fact statement); and (3) the conclusion that the rule applies or does not apply to the particular case (the conclusion statement).04 FUNDAMENTALS OF LEGAL WRITING WRITING THE ARGUMENT us Your balance sheet or short form argument may just say, “For a woman, it was not likely for Julia to walk home alone in the middle of the night.” Actually, what you are saying is that [the rule:] “Filipino women do not walk home alone so late in the night. Still, [the case fact:] Julia said that she did. Therefore, [the conclusion:] she must have lied.” Written up into a full argument, it might read like this: conclusion:] Inevitably, the conclusion is that Julia made no outcry, she having assented to Ronald’s moves. Persuasive Arguments Why is awareness of the three essential statements of your legal argument (the rule, the ease fact, andthe conclusion) important yuhen you write up that argument? It is important because the effectiveness of your argument depends on how ably you write up each statement of your argument into a convincing part. This js all what an argument is about, convincing another to buy your point of view. Knowing the essentials enables you to dismantle your argument, reinforce or improve the weak parts, emphasize the strong, and put them together again to produce a persuasive argument. [The rule:] Filipino practice and tradition in the rural areas tend to protect women, especially young girls, when they go out late in the evening. When the girl attends a night party, the host usually arranges for a relative or a friend to walk her home. [The case fact:] In this case, Julia, a young girl raised in the rural areas, testified that she walked home alone after the wedding party although it was already late at night and she had to walk across rice fields to get home. [The conclusion:] It may be inferred from this that she had not told the truth. Indeed, it seemed more probable that her sweetheart, Ronald, escorted her home. Convincing Rule Statement If your rule is that women will ordinarily not admit having been raped unless true and if your case factis that Julia admitted having been raped by Ronald, then your conclusion will be that Julia’s admission is probably true. Will the following be a sufficient write-up of your argument? Your balance sheet argument may just say, “Mario did not hear Julia’s outcry.” Actually, what you are saying is that [the rule:] “Women forced to submit to sex against their will would naturally make loud outcries for help. [The ease fact:] Mario did not hear Julia make an outcry. Therefore, [the conclusion:] Ronald did not rape her.” Written up into a full argument, the above might read like this: Since women will ordinarily not admit having been raped unless true and since Julia admitted to having been raped by Ronald, it follows that her admission of that rape is probably true. [The rule:] A woman forced to submit to a man’s sexual attack will no doubt make a loud outery. (The case fact:] In this case, although the rape allegedly took place just 50 meters away from Mario’s house, a distance that would have enable the latter to hear Julia’s shriek for help when it happened, Mario testified that he did not hear such an outery. [The But the above argument is too bare to ensure its full acceptance by the reader. Full acceptance comes from being convinced, first, that the rule you propose is correct and, second, that the key fact to which the rule applies is similar to (or different from) the case fact (the fact of the particular case). An insurance salesman cannot hope to succeed in selling insurance by simply telling his client the basic statement: “Insurance is good for family men. Since you are a family man, insurance is good for