CONTENTS 1 Legal Wilting nn Scope of Legal Writing [Aims ofthe Book... 2. The Legal Dispute... se Meaning of Legal Dispute. 1ts Significance in Legal Writing... Lega Dispute and The Principal Issue. Importance of Principal Issue. 2. Stages of Writing ‘Two Stages of Legal Writing. Value of Pre- Work. 4. Getting atthe Facts ofthe Case Facts of a Case Random Notes versus Summary. Facts Seen through the Issue. (Clutered Facts. Relevant Facts Extracted . Facts Set in Sequence Writing Exercises “The Case ofa Child and a Neighbor’s Dog Knowing the Applicable Law or Rule Sources of Law OF RU eeonnnon Facts Reexamined... Writing Exerc 6 Getting into the 1s6t68 Issues in Multiple Legal Disputes seetese eee sees Scanned by CamScannerJump Of Points 101 : ‘Three Statements of an Argument .. “ va 2 Persuasive Arguments .. 105 Convincing Rule Statement ns 105 Convincing Fact Statement ces soc OB Correct Conclusion Statement... m2 Positioning Variation... : Building Blocks of Arguments. Omitted Statement cccneneernreen roa Closing Statement aoe 125 Writing Exercises... see 126 ‘Tightening Your Work. 7 wz Language Problems .. 7 Needless WORdS sense en 1B ‘Active versus Passive Voice er ui Third Person Speaks ... 14 Block Quotations Ww Writing Exercises 150 Writing Cleaty.. sn 8 Right Connectives. — 153 ‘Abstract versus Concrete Writing a 10) Substitute Names can - 163 Headings on Writing Exercises. Writing Legalese Legal Clichés.. (Old English Sounding Formal... ‘Cheap Words... 74 SelE aise cone 7% Sentence-length Variety 176 Scanned by CamScanner13. 4 Writing Exercises Waiting Legal Opinions IMlusteative Case: Cha 1, Century Bark ‘Writing Trial Memoranda IMlusteative Case: Maranan x. Gonzalo Realty Writing Exercises Writing Petitions For Review IMlustrative Case: Excl Corp Jimenez Writing Exercises 4 Waiting a Decision Iustrative Case: Hudson Power Corp. &. Nemo Shipping Writing Exercises APPENDICES ‘Appendix A — People v-Takad Appendix B— Garcia v.Silver Films, Inc. “Appendix C — National Supplies Authority v. ‘Appendix D — Pointers in Answer Schoo! Allied Shipping Corp. ‘and Bar Examination Questions This edition includes pointers in answering law school and bar ‘examination questions, Scanned by CamScanner1. Legal Writing ‘Scope of Legal Writing ‘This book is about the things that lawyers write to win others overto their point of view. Ifyou were a practicing lawyer, ‘you would be doing a lot ofthis kind of work. For instance, when ‘your client, say, a restaurant owner, writes to you regarding the ‘threat of a possible lawsuit from a customer who was taken ill after eating in your client's restaurant, you may have to write hhim back, giving him your views regarding his probable liability bbased on the facts he tells you, This is legal triting, When the case gets to court, you would be filing a number ‘of pleadings like an answer tothe customer's complaint, denying, your client liability or minimizing it. Further down the road, you would probably file for him assorted pleadings, motions, ‘oppositions, replies, rjoinders, memoranda, and other papers. ‘These are legal writings. ‘And if you were to be the judge, who is also a lawyer ‘must decide the case, you would have to put your deci ing, announce its results, and reveal to the parties your reasons for the decision. Under our laws, the parties are entitled to know why they won or lost a case. The strength of your decision lies in the validity and persuasiveness of the opinion supporting it. This, too, is legal writing, But legal writing does not only begin when you pass the bar. As law students, you begin to churn out some form of legal Writing once youenterlaw school. When you digest cases, answer ‘examination questions, and write your thesis or any other paper Scanned by CamScannerFUNDAMENTAISOF LEGAL WRITING sin to train yourself for actual legal writing int sha Ya ply i digesting most basic element the same ones because the most Past Maw school exams are cases and answering your in the practice of law the fact, the you wil se in eal so pnp of law that resolve ‘Aims of the Book is book is to help you write plea- Te principal im of ep and ter poston paper ngs eS) cing, and to win others t0 your point of clearly a cor part from learning the general structure o Cal writing tis book will do more . One. Tiss i eed Asa le eothpuhieiaeel anal ante on a you study the document, hold interviews with the discover volved, or simply examine the records, that the re vat Pt avo ae far from organized and come mixed up wit fat ae sable enact and ogarize the relevant ald ave the advantage of arguing from unclliered frat. You can get there if you persevere in took 30 help you find the law or rule that oe ek wenenatre othe legal pu invalved spb wl scver hat as are not restricted to those enacted by dy cnstted legislative bois called “lta lo” A great fe ola evolves rom jucial precedents, where courts interpre laws as these apply to specific cases. This body rebred to a5 "case law” Your knowledge of the law involved in your case, both statute law and case law, must complement ‘your knowledge ofthe facts to prepare you for the job of writing {to persuade your reader to your point of view. Thre. This book will help you comrectly identify the issue ‘or issues ina case. The issue does for an opinion or a pleading what the rudder does for a ship. If you argue the wrong issue, it would be like pointing your rudder to the wrong di ler to the wrong direction such that your argument would not touch port and miss the real issue that the case presents. When this happens, your case would be decided onan issue that you chose not to be heard on, Yous ean avoid this. 4 is book will help you pack power into your arguments. It will show you the elements of a. balanced presentation of those arguments and what it takes to destroy the argument of the opposite side while building up your own. It will aso show you the importance of a closing statement and hhow you could prepare a most effective one. Five, This book will show you how to edit your work, tighten your sentences, and make your writing come through to ‘your reader clearly. A number of legal writing prescriptions in this book may appear controversial to some but controversies initiate discussion and the free marketplace of ideas always Profits from it. All that is required is an open mind. Six. This book aims to help you write better. Some say that the ability to write wel i a natural gift that is not available to al ‘This might be true. But the fact that you have gotten this far in your studies gives you the right to assume that you have the gift to write. All you have todo now is improve on your gift. Master a few refurbished techniques collected in this book and you are on your way to preparing adequate, clear, and convincing pleadings, legal opinions, memoranda, and other pposition papers. Of course, the greatest secret of success in ‘writing well isin constantly striving to use what you learn. They will not work unless you put them into practice. ‘And beyond practice, to be a good a writer one must be a prolific reader. Learn the styles of effective writers such as best selling authors, opinion writers, and respectable journalists. During your stay in law school you are forced to absorb the writing style used in laws and jurispruclence, which may seem impressive but not the most effective way of communication. This book will encourage you to view legal writing as a communication skill as much as an advocacy skill Scanned by CamScanner2. The Legal Dispute Atal etch sed to argaig ead notving wach dlopute Meaning of Legal Dispute rpose ofthis bok, there i Tegal dispute when ightapbins ofsveiton of his sgt by ante o cake Sine Hand, denies sucha violation. A eyal diopune ty Misenon in akin ts nce of wan ina Gvilsall in wc {herdant denies the claim against him. 1s thi denial tht Geert denies al dispute Seer om th eed mony ens et ete ave Not Tea dispute arises, This consis of ie purine ert Sum thatthe tenant fails to pay the agreed monthly rent a San lave hi ens and (Fe tenons denial of he ce Tid insistence to retain the unit. You have in this cane a ght prokcedby evs anallegedvction of euch dh ere el Erte allegtion™a legal dispute ee The ight dim hae bn ltd maf cone be 2 tl ight cca wl pol ad inate oly ow Flip may clan that he Sorrento be alowed to ave ie the United States. But ifthe US. embasoy denies ham the ia ine for entry into that country, he cannot file a Insult Compe ts ssuante since Philippine laws donot grant him that ght Ukewise, than English be made levelsof eduction snes in an actual violation of some rig cont a ihough TA ner eto aE alg the dispute of rub no by Tigaton on £ aT ASP hen spe alin g Ihe debt epee aa debtor unjly refuses apap tee note that he issu¢ fhe ced nd ler promissory c inttver of the creditor and) the denen, Serial of such a claim. Again. you hone ra right protected Tegan” aleed violation of the night ned ae 1 of the allegation, rial ae the ea dispute cont in he tas cclaim that the accused ha ae t pela + violate is righ to compa otra sratgh the ters dna he ae ferlarment So what does the legal dapat cath i Haren itraude another sting ake Raisers en tein of agentineone? seman ota he sane Roles acgured defrauded the complainant by selling a fake seceatach ohm forthe price ofs genuine soe yee accused's denial ofthe charge ts Significance in Legal Writing spy isi importantin legal writing that you arabe to knoe and ‘dentify the legal dispute incolved tn a ce?” Since a legal dispute involves a vi lation of aright protected by law or which violation the law Punishes, nothing less than the Scanned by CamScannerFUNDAMENTALS OF LEGAL WRITING. Lega! Dispute and the Principal eaue sasarlethe legal dapate, recast inthe format ofan inve, prov ne principal nei every cae Take th ar cee vides oro could not pay the agrecdanthly rents yet ofthe en his apartment unt Wesaid thatthe legal dispute uty apartment overs cia thatthe ena ale com ped wey cet ond vt eae fl nl and (8) toy to ato the aim and insistence 0 retain the ut the ea at ofan sue the elncipa sue Is “whether or Pat who fils to pay the monthly rents must leave the apartment unit” “Take also the case of the Looe Sr aeest to, Pe ne debt. Wee itn egal dispute es (dhe crits lai that Me ay fines py Ns debt under a promissory the de a infor ofthe creditor and (t) the debtors oe tht Pera cam. Rewten in the format of an issue the seria ou swhether not the debtor anjully refuses rina eb unde» promsor note that he sued in favor ofthe creditor” Ta the criminal ease discussed above, we said that the egal apa coats () the Sta’ cage thatthe acoused, deg i Scomplainant by selling afake Rolex watch to him sero a yenine one’ and (the acuse's denial ofthe forthe Peat san seve the principal issue is “whether oF not hare ey defrauded the complainant by selling a fake Rolex veejch ta him for the price of «genuine one.” What dos the legal disput consists of when a uding oficial seoues thc caner an sccupancy permit fora ilding with inadequate fireexits? Itconsists oF: (a) the complainant's clai Feilding offical isued tothe owner an occupancy permit for & Paling with inadequate fie exits in violation of Section 30) of Republig Act 3019; and (the respondent's denial ofthat aim. ‘Transformed into an issue, the principal issue is “whether or not ‘eved to the owner an occupancy permit covering # building that has inadequate fire exits in Fiolation of Section 3b) of Republic Act 3019." WELECAL oneunE Importance of Principal issue yt importa rete of the principal issue important sepa ieee etm seeding an fe se Scanned by CamScanner3. Stages of Writing when methodically done, is much like a tts, So grat extn i tae te a ihn er ne ‘wo Stages of Legal Writing opal wring ao moves in stages thas a ges parr siape sheer. Ht, ouare at the being te rel anda oking atthe facts and of ye ws ere they ae made avaiable to you fit is a re cen pes mht ed ne ae sor es haterals would be absolutely ra, Quite often, Re a Te porantevents tok place remind up. On the other hand, ifit is a case that has undergone trial, you might be looking atthe transcript ofthe testimonies of witnesses and the documentary exhibits presented in the case. ight, Pree prcs Whatever yout wsigument mig youre weld be mde unos you go tough a It evel tors 1. Establishing where the legal dispute lies inthe case; 2 Discovering its relevant facts; 3. Knowing the laws or rules that apply toi STAGES OF WRITING . 4 dentitying the sue or ssues that you would address 5. Roughing out the arguments that you would use The Second Stage is Write-up. Here, having all the ideas you need concerning your legal wrting assignment, your task is to put flesh color and shape to ther, You will ow transform the sketches and outlines you produced during pre-work into a full draft ofthe paper required of you—a pleading, a legal opinion, a petition, a comment, a memorandum, a position paper or even a decision. Editing and rewriting will complete the write-up stage. Value of Pre-work Most haphazardly finished legal writing can be traced to lack of pre-work or to preswork hastily done. The need for pre-work is true fr all kinds of presentations that ate aimed to convince others toa certain point of view. A successful salesman needs to have a complete knowledge and mastery of his product, all its good points and bad. With this edge, he can then develop is sales pitch or the line of arguments he could draw from, polish them to perfection, and make a sale, Ina real sense, legal ‘writing is a sort of presentation. The lawyer should be able to make a convincing presentation of his case in the limited time that he is able to hold his weader’s attention. To succeed in this, the lawyer needs pre-work, Lack of time to do pre-work, a frequent excuse, cannot be 4 valid justification for dispensing with one. The writer who settles for an opinion, pleading, or position paper not based ‘on pre-work does not care about the comprehensiveness and convincing quality of his work. He just submits his work to his, client or tothe court forthe sake of meeting the deadline given to him, Hie does not care about its result. This attitude, however, is the reason behind many failed legal writings and careers. You do not want this. Scanned by CamScanner4 Getting at the Fac ofthe Case two legs: (1) the at weting stands om 0 le: sect ar dina An prewenk nays starts with geting the facts ight Facts of a Case facts ofa case, you should not leave sr fo mpc understanding of what "When you are abe to examine is about from every angle et pane st you have examined hat tte ret you would be abet el the late that you know sae at his case than he does. You shor-change your client a ally eed te fact fom your source materials itock tly understanding. and absorbing. their contents Deep concentration acd absorption is required of every good preparation fora case. When you study them until you have coms Random Notes versus Summary Ce way to study casemate iso make short random of the fat of the case that you consider important as you go over them. Ths isa good practice. But purely random notes do not sive you the complete picture. Because they are random, they are ten uncorrelated and are therefore, useful only for work done imone sitting, When you set aside your work and return toit after, «long duration, your random notes would have lost their correct ‘meaning and you have to start all over again. You would never be able to use these incomplete notes as a permanent catalogue » GETTING ATTHE FACIS OF THECASE " of the facts that you want to go back to repeatedly at various stages ofthe proceedings in a case. What you need is systematically prepared notes that adequately capture the etre factual trzan ofthe case, withthe important points properly marked out. Studies in some English colleges show that theresa beter way than taking random notes for absorbing complex or dificult texts or written material. It is summarizing, You can best understand and absorb written ‘materials when you summarize their contents. Your summary serves a3 a detailed map in your hand, able to guide you in negotiating your way through the dispute involved. ‘Summarizing to compress the information you need, forces you tosearch your materials for what is important. Itcompels you to toss an item of fact over in your mind, assess its importance and relevance to the issues in the case, and decide whether to keep it in or throw it out of your summary. When you come to an item of fact and ask yourself, “What is the significance of this fact to this case?” you begin to wonder. Then, all your accumulated knowledge and experience bear on that item of fact and, usually, ‘your mind produces the right answer. Facts seen through the Issue ‘When handling a new case, whatever stage you may find ‘you need to go over the materials very quickly and determine preliminarily the principal issue or issues involved in the case. ‘Thatis your key to pre-work. Only when youhave anideaof what the principal isuels could you make a good job ofextactng te relevant facts from your materials. ad * Ina classroom experiment, the professor asked the students to do pre-work by carefully reading the following facts about a case: The Beers War Atlas Brewery Company discovered that distributors of San Manuel Brewery in Metro Manila had in their warehouses hundreds of cases Scanned by CamScannerFUNDAMENTALS OF LEGAL WRITING, of empty beer bottles owned by Allas Brewery, The distributors of San Manuel beer apparently bought the empty bottles from retailers to reduce the volume of sales of Atlas beer in their areas, The San Manuel beer distributors claimed,on the other hand, that they merely retaliated against Atlas beer distributors who, had been buying and destroying the empty bottles of San Manuel beer in their areas, ‘A law student, Fred Sanchez, complained that when he drank beer with friends one evening in June {ta restaurant near his school, he found a cockroach in the bottle of San Manuel beer that he had drunk from. He vomited upon such discovery and suffered anxiety over fear that he would get sick. He got angry with the restaurant owner for serving the beer and threw the bottle with the pest in it at him, causing injury on the owner's head. The restaurant owner blamed San Manuel Brewery for the incident and sued it. San Manuel Brewery, on the other hand, blamed Atlas Brewery and its distributors. for tampering with its products. Fred Sanchez and his friends created a lot of noise about poisoned San Manuel beer products and initiated a boycott of those products. Their action found them friends from among the Atlas Brewery distributors. ‘After the students read the above, they were asked to write in one sentence a comprehensive summary of what the case all about. They were to complete the sentence: “The case is about...” Stop reading after this paragraph for a moment and try to complete the sentence yourself without re-reading the fact “The case is about ...” ‘The students gave a variety of answers but most of them gave the equivalent ofthe following summaries: 1. The case is about the struggle between San Manuel Brewery and Atlas Beer Company over the ibution oftheir competing products. GETTING AT HE FACTS OF TH CASE » 2 The case is about how fierce competition in beer distibution could be very ugly. 2. The case is about a law student's crusade against unsafe products that come out of the market. 4. The case is about tampering with bottled products and the dangers it presents. Actually, the facts above spoke of only one “case” ever having developed among the parties involved. This is the lawsuit that the restaurant owner filed against San Manuel Brewery for the injury he suffered in the hands of an outraged customer whom he served with a pest-laden bottle of beer. Did you get it right? Do not be discouraged if you did not. Very few Students perceived this detail because they did not know what Was expected of them when they read the article the first time, ‘The point in the exercise is that, not knowing what they are looking for, different people would tend to get different impressions out ofthe same material that they have read. Inthe exercise, it is only after reading the material are the students Informed that they are to state what the “case” is about. Jest fo do you maa complet summary from deta? One way Isto takeout the norresental facts fom your writen materastike contract deeds letter records book testimonies Gr sworn statements. Cross out those nowesentl fact eaving only the esenta ones onthe page ofeach documento Consider his problem asked ina bar evamination The exact probably picked up the fac from the syllabus othe case and so indiscriminately coped alt of details that are ot esental fo the problem Section 10 of Ordinance No. 105 of Tagaytay City provides that at least 5% of the total area of memorial park established within its jurisdiction shall be set aside for charity burial of its pauper residents and that no permit to establish, operate, and ‘maintain a private memorial park shall be granted without the applicant's conformity or agreeing to Scanned by CamScannerFUNDAMENTALS OF LEGAL WRITING Rarer such condition. Tm city a ate _ mcg ep Terie rl er tes aaa area int to its duty to provide for the health ane scuss the constitutionalty of sald ordinance, er Tel tae fe ora cui re coma eed Eo ao cpr tee the tex vrecise pruning knife. As already stated, that pruning aime pre pring kn Ms ey et pm ine nag ies teefhave a preliminary idea of what it is, could you do a correct elaune Taway useless data to get to the essential facts you ns nately in the above problem, the bar examiner himself sates the princtpal issue for you: he wants you to “discuss the 2 a SO eden cantata te no areas one hep tt ae sta relevant to it, Consider the first sentence of the problem: Section 10 of Ordinance No, 105 of Tagaytay City provides that at least 5% of the total area of any memorial park established within its jurisdiction shall be set aside for charity burial of its pauper residents and that no permit to establish, operate, and ‘maintain a private memorial park shall be granted Surely, the particular number of the ordinance involved (Ordinance No. 105), the particular number of the section of the ordinance (Section 10), or the particular place where it was NAVY Soon aaa} ad EHCperymcme 2 Tenth ‘enacted (Tagaytay City) are not relevant to the constitutionality of the ordinance. You will also note that some details of the quoted problem are superfluous. For instance, ifthe lots taken were to be “for charity burial,” it would be superfluous to say that it would benefit “pauper residents.” Also inthe phrase "no permit to establish, operate, and maintain a private memerial park,” the words “esablish” and “maintain” are superfluous because "10 operate” assumes these two terms, ‘The above sentence needed 63 words to describe the facts of the problem. By crossing out the unneeded facts, what remains could be summarized in only 26 words, less than half the original ‘number. Thus, rid of irrelevant details, your summary should read: ‘Section-10-of Ordinance No-105-of Tagaytay City provides that at least 5% of the totab-aree of any ‘memorial park eotablished-within ite jurisdiction ‘shall be set aside for charity burial of i ‘esidenteand that no permit to establish; operate-and i ‘shall be granted without the applicant's conformity or-agrecing +0 such-condition. In practice, however, crossing out portions of the documents will damage such documents and render them useless for other ‘Purposes. Quite often, you need to preserve the documents in ‘their original state. Your alternative isto go over them, identify ‘those facts that are essential to your understanding of the issues in the case, and put those facts in your outline. Section 10 of Ordinance No. 105 of Tagaytay City provides that at least 5% of the total area of any ‘memorial park established within its jurisdiction shall be set aside for charity burial ofits pauper residents and that no permit to establish, operate, and maintain 4 private memorial park shall be granted without the applicant's conformity or agreeing to such condition. Scanned by CamScannerINIVERSILY epartiient Sco ul ti requires memorial parks to give tc of theit land area asa condition vd nt tre eta ith the facts sus the problem in its simplest form. Do con resto e PS Sey aninpora and parc in ne aac co cs Ne cme You stared Facts itis only when you know the principal septa te sect nae gay ofthe aco you could doa cor Molowing testimonies, some coniting, urease Css in an actual ape case, The names have, of ave by wit. To make the example simple for study, couse is have been edited and the cross-examination by tare als pens wih, Co avert once tenable you ore oe of what he sue or ssues are between the patie, Transcript of Stenographic Notes (TSN) October’ (Abridged and edited for study) COURT STAFF: (After swearing in the witness) State your name and personal circumstances, WITNESS: I am Julia Torres, eighteen years old, single, and a resident of Barrio Talaan, Lian, Batangas. PROSECUTOR: With the Court's permission. Do you know Ronald Galang, the accused in this case? A. Yes, sir. Heisthere (pointing to the accused). Why do you know him? A. He raped me. Q. Where did this happen? A. It happened on the rice field near Mario's Q. How did Ronald rape you? A. 1 struggled to get free but he pointed a ‘knife at my side and threatened to stab me if I called {for help or persisted in fighting back, ‘So what did you do? ‘Out of fear I gave in and he raped me. What did you do after Ronald raped you? kept the matter to myself for a while. Why? Because I was afraid of the trouble that will ‘happen if my parents and brothers found out. They loved me 50 much. porere Q. For how long did you keep the matter to yourself? A. After two days of worrying and feeling bad, I finally told my aunt about it and she in turn told my parents, Q. What was the reaction of your parents? ‘A. | They were quite furious and wanted to take the matter into their own hands but cooler heads prevailed. Q. So what did you do after that? ‘A. went to the police to complain. Q.Isthat all that you did? A I also submitted myself to medical tion. Scanned by CamScannerWhen did Ronald rape you? He raped me on June 12 at7 p.m, How did you meet Ronald on June 127 went to the house of Celia in our barrio to tena wedding pot and Usaw hin there, Q. Doyou have any relationship with Ronald? ‘A. None. He was only my suitor. (Q. What were your feelings during the party? ‘A. Lwas in high spirit because I met a lot of friends and had a good time. Do you recall any unusual thing that happened at that wedding party? ‘A. Someone exploded firecrackers nearby and this caused a scare for a while Q. You said that you saw your suitor, Ronald, at the party. Did you have occasion to talk to each other? ‘A. He wanted to talk to me but ignored him because I disliked him for a suitor. In fact, I stayed away from him. (Q. What happened after you ignored him? ‘A. The married couple danced after supper and people joined in. Q. What did you do after the dancing? ‘A. AtTI pm. [ took leave to go and started to ‘walk home alone in the moonlight. Q. Did anything unusual happen during your walk home? was about fifty meters from Mario's sows ona came behind ne and rue a he walk me home. ore What was your reaction to him? 1 really did not like him. 1 declined doubled my steps. Q Sowhat happened after you walked faster? ‘A. Ronald caught my arm and wrestled me to the ground? Q. What kind was the ground over there? ‘A. Itwas rough ground and dry. Q. What did Ronald do while your were down fon the ground? ‘A. He covered my mouth with a hand so I ‘could not shout. He pointed a knife at me and forced me to yield to him, Q. Did it not bother you that you left the wedding party alone by yourself? A. No, sir. Walking alone did not bother me because I knew everyone in the barrio. Q. What route did you take going home? A. took a short cut across Mario’s farm, in the direction of our house. Q Can you describe the path that you took? A. The path was quite uneven and difficult, How wast? ‘A. Twas used to it and I managed very well. PROSECUTOR: That is all, ee ‘Transcript of Stenographic Notes (TSN) October 12 (Abridged and edited for study) Scanned by CamScannerearing inthe witness) COURT STAFF: (After swearing stateyour name and personal circumstances, “WITNESS: I am Dr. Amado Ampil, of legal age, cath ned medical examiner forthe Province of Farrage and a resident of Batangas City. [CUTOR: Have you ever examined a vonTROSECUTOR ts Joe | Yes, 1 examined Julia Torres after she ined to the Lian police that she had been Sipe. I took her two days before reporting the incident. Q. Could you describe her physical built? 'A.. She was of small built, 4 feet 11 inches in height and of fair complexion. (Q. What was your Sindinglel after conducting a medical examination of her? ‘A. I found after examining her body that she suffered from laceration of the cervix posterior portion and laceration of the vaginal canal posterior portion. The lacerations are about two days old. Q. Did you find any other injuries on her body? A. None, sit. Q. Did you prepare a medical report showing such finding? A. Yes, sir. This is my report. (Marked as it A) PROSECUTOR: That will be all. ‘Transcript of Stenographic Notes (TSN) October 16 (Abridged and edited for study) COURT STAFF: (After swearing in the witness) ‘State your name and personal circumstances. WITNESS: I am Ronald Galang, twenty years old, single, and a resident of Barrio Talaan, Lian, Batangas. DEFENSE COUNSEL: With the Court's permission. Do you know the complainant in this case, Ms. Julia Torres? AL Yes sir. Q. She testified that you raped her, what can you say about that? A. Tdid not rape Julia. Q. But did you have sexual relation with her fon the evening of June 12? A. Yes, sir. But she freely agreed to make love with me that night of the wedding party at Celia’s house. Q. The medical examiner testified that she found lacerations on Julia's vaginal canal when he ‘examined her two days later. What can you say about that? A. Thatmustbe true. I discovered that evening that Julia was a virgin because she bled. It worried ‘me but she said that it was not too painful. Q. Did you communicate with each other after that evening of June 12? A. Julia called for me the following day, insisting that I marry her because she was afraid she ‘might have become pregnant. What was your reply to her? ‘A. Because Ihad to look after my parents yet, 1 declined, asking her to wait a while. Scanned by CamScannerFUNDAMENTALS OF LEGAL WRITING Q._ And what was her reaction to that? ‘A. Jolla became angry and threatened to complain to her parents that [raped her. {Q. What was your reaction to what she ‘A. Istill refused to marry her right away, Q. Sowhat did she do? A iad? ‘She accused me of raping her, Q. What relation, if any did you have with Julia about the time ofthe alleged rape? ‘A. Julia and I had been sweethearts for over two months before June 12. Q. How did you come to meet each other at that wedding in Celia’s house? ‘A. Onthat evening we met by prior agreement at Celia's house right in our barrio. Q. What happened when you met each other at that wedding party? ‘A. Things started out well and Thad some fun meeting my friends. But, because of their jokes that I hhad some other girl, Julia became angry and refused totalkto me. Q. What did you do then? A. [left to brood outside. Q. How long did you stay outside? ‘A. Nottoo long, Ireturned to the party an hour later after a friend called me inside. Q. What did you do when the wedding party ended? a ‘A. When the party ended, I walked alongsi Julia and tried to explain the jokes played by my friends. GETTING AT THE FACTS OF THE CASE a Q. How did she react to your explanation? ‘A. She did not want to believe me at frst. After awhile, T convinced her to sit with me on a piece of og near the house of Mario. Q._ What happened after you sat on that log? A. The evening was romantic and we ‘eventually reconciled. Q. What happened after you reconciled? ‘A. We kissed and embraced and, forgetting ourselves, we made love on the grass. peat Wis id you do ates you made love to julia ‘A. 1 walked with her up to about twenty meters of her house. DEFENSE COUNSEL: That is all. ‘Transcript of Stenographic Notes (TSN) October 25 (Abridged and edited for study) COURT STAFF: (After swearing in the witness) State your name and personal circumstances. WITNESS: I am Mario Perez, forty-five years ld, married, farmer, and a resident of Barrio Talaan, Lian, Batangas. DEFENSE COUNSEL: With the court's permission. Do you remember where you were on the evening of June 12? A. Tremember that I was home that evening of June 12. Q. Why do you remember that evening? Scanned by CamScannerFUNDAMENTAISOF LEGAL WRITING ‘A, Iwas told that a rape was committed on my farm that evening and it so happened that my two. year old daughter was then running a fever. Q. Is it possible you went to bed eatly that evening? ‘A. Tremember that I slept late because Thad to watch our sick daughter while my wife took her turn to rest. Q. Was the farm visible that night? A. The night was not 10 dark because the roan shone brightly in the sky. Q. What time did you go to bed after watching your sick daughter? ‘A. [took my tum to sleep after midnight. Q. During the time you were looking after your daughter, do you remember hearing the outcry ‘ofa woman from somewhere outside your house? ‘A. No. I heard no outcry from outside my house. DEFENSE COUNSEL: That is all. ‘GETTING AT THE FACTS OF THE CASE 5 charge that Ronald raped Julia; and (b) the latter's denial of the charge. Second, rewrite the legal dispute inthe format of an issue to produce your principal issue then put down this issue in bold print, and place it right before you as you do your summarizing. Using this issue as guide, you can then peel away from the narrations all the facts that are not connected to such issue. It will hold you to your aim, Alter rewriting your principal isu, it should read: WHETHER OR NOT RONALD RAPED JULIA. ‘See how these lessons are applied to the testimony of Julia, reproduced below. The facts relevant to the issue and essential to the outline have been put in bold. The explanations for doing, away with the non-essential facts have been bracketed and litaticized. ‘Transcript of Stenographic Notes (TSN) October8 (Abridged and edited for study) COURT STAFF: (After swearing in the witness) State your name and personal circumstances. [Note Obviously, you do not need to put in your outline this statement about th oath and the request made to the witness Obviously, the above testimonies contain much that is not connected to the rape issue. They are filled with details that usually accompany raw storytelling. When making a summary of them, whole sentences can go and these would not affect the essence ofthe story. Relevant Facts Extracted (Con you sort out the testimonies above and make a short summary of the facts that really matter to the case? This is not difficult, a5 you have earlier seen. Just remember the lesson you leamed. First, try to identify the egal dispute involved in the above case. Obviously, the legal dispute consists in: (a) the government's to state her personal circumstance. They do nol yield any {fat of the cae) on oe nt ape ore =o Pao oe eee Trine aera meee the legal dispute into its proper context. Consequently you ned them in your outline.} PROSECUTOR: With the Court's permission. Do ‘you know Ronald Galang, the accused in this case? Scanned by CamScannerFUNDAMENTALS OF LEGAL WRITING A. Yes sir [Note: Wen the witness says, “ys, tp a question, the ats contained in the question, wih firms with her “yes” anster are implicitly in thro the ans. If those facts are relevant, they shoul into yer cutine Hes there (pointing tothe aceuseg Why do you know him? A. He raped me. [Note: Surely relevant] Q. Where did this happen? A._ It happened on the rice field near Matio’s house. [Note This answers the question “where?"] Q. How did Ronald rape you? A. _Istruggled to get free but he pointed a knife at my side and threatened to stab me if I called for help or persisted in fighting back. [Note: Shows how was committed.) Q. Sowhat did you do? A. Out of fear, I gave in [Note: Is this releaant to the issue? Of cours, frit shows twhy the rape succeeded} and he raped me. [Note: This is just a repeat ofa previous satement.} Q._ What did you do after Ronald raped you? A. I kept the matter to myself for a while. [Notes this relevant? Yes. Ordinarily, the victim ofa grave serongdoing would complain about it to someone. fli’ silence could aft the credibility of her claim} Q Why? A. Because I was afraid of the trouble that will happen if my parents and brothers found out. INote: Since this is ula’ justification for incurring dey in reporting the crim, it shouldbe relevant like the preceding nse They loved me so much, [Note: That her pares 4nd brothers loved her 50 much would have no bearing on the issue of whether or not Ronald raped he] (GETTING AT THE FACTS OFTHE CASE 2 Q. For how long did you keep the matter to yourself? A. Aftertwo days of worrying and feeling bad, 1 inally told my aunt about it and she in turn told 1my parents, [Note: Her reason for changing her mind and eventuaily reporting the matter should also be considered releant in judging her credibility.) What was the reaction of your parents? ‘A. They were quite furious and wanted to take the matter into their own hands but cooler heads prevailed. [Note: The reactom is limited to her parents and brothers; itis ireleoant to the rae issue.) Q So what did you do after that? A. went to the police to complain. [Note: Is this relecant? Yes. Complaining to the police about the ‘commission of a crime lends credence to the claim that it took place] QIsthat all that you did? A. I also submitted myself to medical ‘examination. [Note Same reason asthe above. When did Ronald rape you? A. He raped me on June 12 at 7 pam. [Note ‘States te time} How did you meet Ronald on June 127 ‘A. I went to the house of Celia in our barrio ‘to attend a wedding party and I saw him there. [Note. This factis essential to an understanding of the antecedents ofthe lleged crime] @ Doyou have any relationship with Ronald? ‘A. None. He was only my suitor. [Note: Some say that this is ireleoant sine itis possible for Ronald to rape Julia whatever be their relationship. Others think, however, that this is important since it shows that Ronald twas attracted to Julia.) Scanned by CamScannerFUNDAMENTALS OF LEGAL watning, What were your flings during the pany? AL Lwas in because | met alot of friends and had a good time. [Note Even ifua i ot ep yo ra whether 0” not Ronald rapes ue oe Q. Do you recall any unusual thin happened at that wedding party? thing that ‘A. Someone exploded firecrackers neatby a this caused a scare fora while. (Note: Same as preeane servation. relevant. ng Q._Yousaid that you saw your suitor, Ronald, at the party. Did you have occasion to talk to cach othe ‘A. He wanted to talk to me but I ignored him because I disliked him for a suitor. Infact 1 stayed away from him. (Note: This is relevant becuse Jules Ititude towards Ronald, if true, would render it wnliley ‘hat she would Tet him escort her home from the wedding pariy or have consented sex with him] (Q. What happened after you ignored him? |A._The married couple danced after supper and people joined in. (Note: This at has no Bearing tall to the rope ces] Q. What did you do after the dancing? ‘A. Atl pam. I took leave to go and started to walk home alone in the moonlight (Note: This i fecvant 10 the isue because it shows the circumstances aeelately preceding the alleged rape] Q. Did anything unusual happen during your walk home? ‘A. When Iwas about fifty meters from Mario's house, Ronald came from behind me and requested that he walk me home. Q._ What was your reaction to him? [Note: Same absertion asthe preceding answer} ‘A. really did not like him. [Note: Tins is redundant, a repetition ofa previous statement.) 1 declined ‘and doubled my steps. [Not: This also sets the sage for the rape event] Q. Sowhat happened after you walked faster? ‘A. Ronald caught my arm and wrestled me to the ground? Note: Use of force isan element ofthe rape.) (Q._ What kind was the ground over there? ‘A. It was rough ground and dry. [Note: This could be relevant if ut somehow sheds light on the issue of twhether oF not the rape tok place] Q. What did Ronald do while you were down fon the ground? A. He covered my mouth with a hand so 1 ‘could not shout. He pointed a knife at me and forced ‘me to yield to him. (Note: This is no doubt relevant since it tends to show that Ronald raped Julia) Q. Did it not bother you that you left the ‘wedding party alone by yourself? ‘A. No, siz, Walking alone did not bother me because I knew everyone in the barrio. [Note: This is relevant to counter the claim that, being a woman, it was (quite unlikely for her tobe walking home alone.) What route did you take going home? A. [took a short cut across Mario's farm, in the direction of our house. [Note: This fac is needed to link the other relevant facts together] Q Can you describe the path that you took? ‘A. The path was quite uneven and difficult to ply. [Note: This i probably ireleoant since it neither helps resolve the issue of whether or not the rape took place nor does it help tie the fats together] How was it? Scanned by CamScannerFUNDAMENTALSOF LEGAL WRITING [AL was used to it and L managed very welt vote Some overation a5 aoe] PROSECUTOR: That is all. (One thing wonderful about analyzing the facts to sort out the relevant from the irelevant is that such a process makes you 2c the component parts ofthe problem and their relationships ‘And this usually reveals to you some of the strengths and weaknesses of the testimonies and the documents, the keys tp developing the arguments that you would eventually use then you start writing Your paper. For example, in analyzing Ihether Julia’s aim that she walked home alone is relevant oe ‘hot. one insight you got is that what she did was rather unusual fora woman in the barrio to do. This could put a cloud on her credibility. Follow the same procedure in sorting out the testimonies of the medical examiner, Ronald Galang and Mario Perez. Facts Set in Sequence Equally important t0 getting rid of irelevant matters i putting the events in the order of their occurrence. When the Sequence ofthe events is in disarray with subsequent evens old ahead of preceding ones or wit frequent flashbacks tothe past asthe story unfolds, you are likly to get confused. You will be Tooking at items of facts that are out of context or detached from their surrounding circumstances. Take the testimony of Julia after the irrelevant facts have been thrown out. Its far from being narrated in order of time. Thus— — Julia Torres is eighteen years old, single, and 4 resident of Barrio Talaan, Lian, Batangas. —She knows Ronald Galang, the accused. — He raped her on the ricefield near Mario's house. [ul testimony begins withthe consummatin of the ape — She struggled to get free but he pointed knife at her side and threatened to stab her if she alled for help of persisted in fighting back. [She then acktracks alle to narrate the struggle Hat preceded the sexual act] — Out of fear, she gave in. Here, lia returns to the consuommation ofthe rape. I the next Fine, she moves forcard again — After the rape, she kept the matter to herself because she was afraid ofthe trouble that will happen it hee parents and brothers found out. — After two days of worrying and feeling bad, she finally told her aunt about it and the latter im turn told her parents. —She went to the police to complain. —She submitted herself o medical examination. —He raped her on June 12 at 7 p.m. [Julia's story {flashes back to the moment ofthe rape) — She went to the house of Celia in our barrio to attend a wedding party and she saw him there. [It is only here that Julia els how her story begins.) — Ronald was only her suitor. — He wanted to talk to her but she ignored him because she disliked him for a suitor. In fact, she stayed away from him. — Atl pam. she took leave to go and started to ‘walk home alone in the moonlight. —When she was about fifty meters from Mario’s house, Ronald came behind her and requested that he walk her home. — She declined and doubled her steps. — Ronald caught her arm and wrestled her on rough and dry ground. Scanned by CamScannerFUNDAMENTALS OF LEGAL WRITING He covered her mouth with a hand s0 she could ot shout. He pointed a kalfe at her and forced her to yield to him. ‘_ Walking alone did not bother her because she knew everyone in the barrio. “= She took a short cut across Mario's farm, in the direction of her house. [Julia ends her story at its mig part, ust before Ronald interferes with her journey home and rapes her] If in writing your paper on the case, you choose to stick by the order in which Julia tell her story, you could confuse Pe reader, Yet iti nt dificult to sort out the facts and pt Jenin the onder oftheir occurrence. Just spot the point where Jus story logically begins, here, her encounter with Rona a se vedding party, then, arrange after it the other event in the i erof their occurrence until you reach the end of her story, her submission to medical examination. ‘Are you done? When you are done sorting out the facts in Julia's testimony, putting them in order, and drawing up your Jfort summary, it might look like the one below. The non- ‘Guentials have been removed to reveal the essentials. Further, the order of the events has been straightened out to show the correct sequence. The narration has been rewritten to make the outline third person narrative. Julia Torres, eighteen years of age, single, said that she went to the house of Celia at Barrio Talaan, Lian, Batangas, on June 12 at 7 p.m. to attend a wedding party. She saw her suitor, Ronald Galang, but ignored him since she disliked him, AtII p.m. Julia took leave to go home alone. This did not bother her because she knew everyone in the barrio. She took short cut across Mario Pere2’s farm. About fifty meters from the latter's house, Ronald ‘came behind her and asked that he walk her home. ‘She declined but Ronald caught her arm and wrestled her on the rough ground, covering her mouth so she could not shout. Jalia struggled to get free but Ronald pointed » knife at her side and threatened to stab her. Out of fear, she gave in and he ravished her. After the rape, Julia kept the matter to herself for fear of trouble if her parents and brothers found out. But, she finally told her aunt. They went to the police and she submitted to medical examination. What beefs do you derive from arranging the facts im proper arder ar sequence? The benefits ae a follows: 1. The facts are easier to understand when put in the corder of time. The reason is simple: they follow a natural order fr flow. Actual human experience occurs in the order of time Where one event follows another with the ticking of the hour. A ‘ory that jumps ahead, goes back to a previous event, and then returns to resume its advance where it temporarily dropped of isunnatural.Itcan be quite confusing. The human mind is not at ease with such a manner of storytelling 2. When facts are arranged in the proper order, you ‘would clearly see how each fact relates to or connecets with others. Each fact acquires deeper significance when viewed along with related facts. That Ronald sat ona piece of log with Julia would be meaningless if soen in isolation. Before they sat on the Shedd nt wants talktohim at. Alter siting along exch ‘other on the log, they had a quick romantic reconciliation. Their siting onthe log acquires significance. 3. When the factual versions of ether side are putin order and matched, you would also be able to see clearly the areas where the respective versions agree and disagree. This in turn wl furnish you with a balanced appreciation ofeach opposing _ 4. Facts, properly arranged, prepare you for the work of ‘riting up the facts ofthe casein your pleading or memorandum. Scanned by CamScannerfUNDAMENTALSOFLEGAL WRETING erhentiysaly mem we, wat Anat terials aed aging these inthe prot a summary oe you to create a compact index tothe facts ofthe sequence tng the testimonies andthe documents you work ox 8 nally handle a hundred cases at a time. With youy Lawyers wary, you do not have to re-read your voluminous capac sn ou want 10 reine tthe impure sno ae rl i ser ghout he couse ofl ofthe eae and daring app ‘Waiting Exercises For exercise, sort out the rest of the testimonies in the rape case, make a summary of the relevant facts, and arrange them in order. 2. You have seen how little data are important to a case when the facts have been sorted out for relevance and Order. Consider the following sample case: ‘The Case of 2 Child and a Neighbor's Dog Peter Banag, the father of a child who was atiacked by a neighbor's dog, has come to consult you about the possibility of his bringing a lawsuit against Arthur Sison, a neighbor. Peter brought along Fred Puzon to the interview. Fred witnessed what happened. The following is your interview with him: Interview with Mt. Fred Puzon, accompanied by client, Mr. Peter Banag. Sept. 21 Q. Fred, how old are you? ‘A. Tam twenty-one, Attomey. Q. What do you do fora living? [GETTING AT THE FACTS OF THE CASE A. work with the government. Where do you live? A. live at 24 Annapolis St, Cubso, Quezon % Q. Did you see the dog attack Mr. Banag’s daughter? ‘A. Yes, sie, I saw it bite Mary's leg and even her arms as she fell to the ground. Q Doyou know who owned that dog? A. Yes, sir the dog belonged to Arthur Sison. Q._ What did you do when you saw the dog attack Mary? A. 1 immediately ran to help her but, unfortunately, I tripped on the gutter and fell on my hands and knees. Q. Sowhat happened? A. recovered quickly, moved on, and kicked the dog away. I then stood by to protect Mary from further attacks. Q. What happened to the dog? ‘A. The dog kept on barking and looked as if it would attack us. Q. Diditattack you? ‘A. No because Arthur came out of his house and sent his dog into his yard. Q. How about Mary, what happened to her? A. Arthur picked her up, called a tricycle, and brought her to a nearby clinic for treatment. Q. And you, what did you do? ‘A. My friend then arrived and we left for the Scanned by CamScannerruNDAMENIAsor @ oat ; une gad out that he was about six years old, Ah. Weare neighbors He lives at 12 Annapoli suec the same eet where lived. ‘Doyou know why Mary was near Arthur's howe! went there to buy ice-candies. Arthur nat ccting candi at hs howe for Sostine How dd you know hat? |A.. Tmyself used to buy ice-candies from him specially during summer Q. When did the incident happen? ‘A. It happened on September 12 at about 3 wolving Mary pm Q. What were you doing at that time? ‘A. Twas waiting on Annapolis Street for my {riend Henry Uy to come and pick me up 50 we could gotothe mall. Q. Do you remember what day of the week it wast? ‘A. Itwas a Saturday afternoon. Q. What did you see Mary doing from where you stood? ‘A. Law Mary approach Arthur's gate and knock on it, But no one answered. Q. Sowhat did she do? A. Still she kept on knocking softly at the gate. Q. What happened next? ‘A. Ayoung gitl of her age passed by and Mary waived at her. Q. So what happened next? A. Arthur's dog came out to the yard. As Mary tested the gate by pushing it, the gate yielded and the dog jumped out. Q. What did Mary do? A. Sheheld the gate open and called in saying that she wanted to buy ice-candy. “Pagbilan nga Po ig ice-candy,” she said. Q. So what happened? ‘A. That was the time I saw the dog go after her. It attacked her from behind as she turned and ran to leave. Q. What was your reaction to what you saw? |A. Iwas shocked for a moment. You asked Peter why he came to consult with you and he said that he asked Arthur to pay her daughter P20,000.00 in ‘damages for what she suffered but all he got was a letter from him. He gave you the following letter. Mr. Peter Banag 16 Annapolis St, Cubao, Quezon City Dear Mr. Banag: 1 regret that I could not grant your demand to pay you P20,000.00 forthe injuries that your daughter ‘suffered on September 12 when she came to my house at 12 Annapolis Street, Cubao, Quezon City. 1 was not at fault. Scanned by CamScannerOF LEGAL WRIFING. FUNDAMENTAL I was napping in my house on the afternoon your daughter came to our gate. I was awakened Nhen I heard some commotion outside. I thought for a while that people were quarreling, But I heard Someone shouting that my dog had attacked a child, Timmediately got up and ran out. As did, [saw Fred Puzon, our neighbor, trying to stop my dog, Prancer, from attacking your daughter, Mary, who lay on the ground just outside the gate. Other neighbors had Einted to come out to see what was happening, ‘To augment the income of my family, I engaged in the business of selling ice-candies at my house beginning in March of last year. My sale had been brisk especially during the summer days. I always sold my ice-candies at the gate when people came to buy. That gate had an automatic closer. But at times, 1 {eft it unlocked from the inside because my children often went in and out. I had a dog in my house, Prancer, but my gate carried a written warning about the presence of that dog. Until that afternoon of September 12, Prancer had not attacked any one. | immediately stepped out into the street as soon as I can and sent Prancer inside, I was really surprised that you had allowed your daughter to leave the house without an escort. I myself took care that my young children did not go out alone. Atany rate, called a tricycle and brought Mary toamedical clinic nearby fortreatment of her wounds and for an injection. Later, her mother followed us to the clinic and she comforted her daughter. I paid the ‘medical bill. Lam sorry but I do not believe that I should be liable to your daughter for damages. Very truly yours, Arthur Sison Before you could give Mr. Bnag your legal opinion on his, ‘case, you need to do pre-work. Sort out the relevant facts from the irrelevant and put the relevant facts in order. As in the rape case, ry provisionally to identify the legal dispute and get a Sense of the principal isue that divides your client, Peter, and his neighbor, Arthur. Have a clear understanding of that issue and use it to guide you in extracting the useful fact ofthe case Then make a short summary ofthe facts from your client's point of view as well as from that of Arthur. Put your work on paper Scanned by CamScanner5. Knowing the Applicable Law or Rule ‘After working on the testimonies and docu case, ou would have produced an outline of the feet wt relevant tothe legal dispute that it presents Now you at to mak search for thse specif laws or rules tha Se t the fact, wil ther Help of burden you tn psa e defending your side of the dispute. or Sources of Law or Rule There are two general sources of laws and rules: Statue law: This consists of laws and rules enacted by duly constituted rule-making authorities like Congress (Repub? ‘Act and Batas Pambansa), the President (Presidential Decree and Executive Orders), the Supreme Court (Rules of Cour) local government councils (city or municipal ordinances), and administrative regulatory agencies (implementing rules. anf regulations). Case law: This consists of decisions of courts and persons or ‘agencies performing judicial functions. These decisions interpret and apply statute law to specific situations. The rulings in these ‘cases become legal precedents that, when invariably affirmed and used, become part of the law itself But just how do you locate the right law and legal precedents? Two steps ae suggest First. Identify the general nature of the legal dispute involved. n the case between Julia and Ronald, the legal dispute o KNOWING THE APPLICABLE LAW OR RULE “ ‘consists in the government's allegation that Ronald had sex with Julia, employing force and intimidation in violation of law, and in Ronald's denial of the charge. The case, therefore, concerns a crime that involves chastity. This should lead you to the statute law on rape, namely, Article 266-A of the Revised Penal Code. It reads: Article 266-A. Rape; when and how committed. — Rape is committed — 1) By aman who shall have camal knowledge ofa woman underany ofthe following circumstances: a) Through force or intimidation. Second. Having become familiar with the facts of your case, search for legal precedents that have more or less parallel facts. Nothing is new in this world. You will discover that there is hardly any new case that would have no parallel or similarity to a previous case that a court or quasi-judicial body has once decided. Find the rulings in those parallel case, whether for or against your side of the dispute, and you will have more confidence in charting the course of your arguments. Usually, itis the diligent that succeeds in tunneling the whole depth of case law to extract the gold nuggets he needs to prevail in his assigned case Seize that advantage In rape cases, both the prosecution and the accused will find Philippine jurisprudence rch in judicial precedents that will help their case. Consider the following. Forthe Prosecution In the review of rape cases, jurisprudence has laid down the following guiding principles: a) an accusation in rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the person accused, though innocent, to disprove the charge; b) considering that, in the nature Scanned by CamScanner8 uNDAMENTALSOF LECAL WRITING oH are usually involved j et ino eon ofthe complaint the ct be scrutinized with great caution; and ¢) the saa tor the prosecution must stand o fall on ig rt and cannot be allowed to draw strengih ‘rr the weakness of the evidence for the defense, foe ee Sta Ana, GR. 115657, June 26, 1998.) failure of the vicim to immediate Th are of ei mdi rPopicated charge. (People & Casi, 241 SCRA 285, people Montefalcon, .R. 111984, April 25,1995, ‘The absence of physical injury does not negate the commission of tape. (People 0. Gapasan, 243 SCRAS3) twould be improbable fora barrio girl of tender age and definitely inexperienced in sexual matters to aBaeate a charge for no reason at all that will put feof and her family in a very uncompromising Mstion, which could even invite reprisal. (People x, Vitor,245 SCRA 392.) Failure to shout or offer tenaci does not make voluntary the rape victim’ fothecriminalactofthe accused. (Peoplev. Marabillas, 303 SCRA 352) ‘Threatening the victim with a knife, a deadly KNOWING THE APPLICABLE LAW OR RULE is inant of In rape cases, the claim of the complainant having been threatened appears to be a common expedient of face-saving subterfuge. (People & Godoy, 250 SCRA 676.) ‘Courts will take judicial notice of the fact that emai In rape cases, the testimony of the offended party must not be accepted with credulity. (People ». Godoy, 250 SCRA 676) to be reasonably expected, a ravished woman woul tively call for help or at least flee her Iecherous captor to safer ground when opportunity present itself, (People v. Sinatao, 249 SCRA 554.) is strange that even as complainant asserts sexual abuse through violence and intimidation, she did not offer any resistance when assaulted, an unlikely impulse for a woman confronted with such an affront to her honor, and it is odd that her ‘supposed rape appears to be punctiliously made. (People v. Sinatao, 249 SCRA S54.) [Apart from above sources of laws and rules, you have rules that derive from the wisdom of common experience. These are ‘especially useful in resolving factual issues. Our jurisprudence is rich in these. For example: ‘weapon, is sufficient to cow the victim and it Constitutes an element of rape. (People v. Alquizalas, 515 SCRA 367.) Forthe Defense Although the “sweetheart theory” hasnot gained favor with the courts, such is not always the case ifthe hard fac is that the accused and the supposed victim are in truth, intimately related except that, as is usual in most cases either the relationship is illicit or the victim's parents are against it. (People v. Godoy, 250 SCRA 676.) “ " * Errorless recollection of a harrowing incident ‘cannot be expected of a witness, especially when she is recounting details of an experience so humiliating and 90 painful a cape (People v Calayca, 301 SC 192.) i st mA Fear has its bizarre way of rendering me ay 18 people ile even in life-and-death situations, (People v. Realin, 301 SCRA 495.) Scanned by CamScannerpUNDAMENTALSOF LEGAL WRITING most trustful witnesses can sometimes ich innocent lapses do not my aft their credibility. (People x, Redueg, 301 SCRA 516) Evidence tobe believed must not only proceed rom the mouth ofa credible witness but it must algo te credible in itself, such that common experience and observation of mankind lead to the inference of fe probability under the circumstances. (People Perucho, 305 SCRA 770; People v. Lagmay, 306 SCRA 157) Inconsistency concerning a minor matter does not affect the credibility of complainant’ testimony, (People v. Empante, 306 SCRA 250.) Wicklamps, flashlights, even moonlight or starlight may, in proper situation, be considered Sufficient illumination, making the attack on the credibility of witnesses solely on that ground Gnmertorious. (People v. Adoviso, 309 SCRA 1.) ‘The test to determine the value of the testimony of a witness is whether or not such is in conformity with human knowledge and consistent with the experience of mankind. (People v. Dela Cruz, 313 ‘SCRA189) Match the applicable laws or rules with the relevant facts of your case and you are ready to work on your arguments. Get a 00d book in legal bibliography and learn how to search forthe statutes and judicial precedents that you need. These topics are not embraced in this book. Facts Reexamined Having discovered the laws or rules that apply to your case, you should now bein a bette position to review your summary KNOWING THE APPLICABLE LAW OR RULE s of the facts and add to it the other relevant facts that you may have omit facts that now appear irrelevant to the applicable laws or rules and precedents that you have discovered. ted. You could also subtract from your summary those Writing Exercises Go back to the case that Peter Banag consulted you with, namely, the dog’s attack of her little daughter. Presumably, you did your pre-work, sorted out the rel- evant from the irrelevant fécts, and put your facts in order. Consequently, you must already have on paper an outline of the facts that you abstracted from your interview with Fred Puzon and from Arthur Sison's letter to your client. Based on the issues and the facts, check out and copy the laws or the rules that should properly govern them. ‘Check out too those parallel cases that the Supreme Court has previously decided. See if the rulings and doctrines established in these cases could be cited against you or to your advantage. Put them all on pa- peras part of your pre-work. Scanned by CamScanner6. Getting Into the Issues ‘outline ofthe relevant facts ofthe case Tasco ras that apply thse fet, a accep in prework i to pinpoint the specific issues that Fe the partes preset and 10 ut thine nue dove in writing ning the soe ane er them mts indispensable to all kinds of legal writing for a oP everyting you wrte—the fat, the lw the siete and the rele/—must take bearing on thos issues You arerervlealy when you are unable to understand the issues in Your ease or are unable to hold on toi ‘You have learned that, as a general rule, the legal dispute iteelt. recast in the format of an issue, provides the principal fssue irevery ease You also leared that knowledge of the principal asec important because any argument you make will benefit jou only t the exten that you are able to relate i to that issue, For example, the isue of whether or not Julia Torres ignored Ronald Galang at the wedding party because she disliked him Gather than, as Ronald claimed, she was angry with him because Of the jokes played by his friends) is remotely relevant to the principal issue of whether or not Ronald raped Julia. In both Boece che ignored him and whether she did for one or the other reason will not shed much ight on the issue of rape. ‘After making a short and after ascertaining the {Issues in Multiple Legal Disputes Not all cases present one legal dispute that converts into.one principal issue. A lawsuit could involve multiple legal disputes {nd therefore, multiple principal issues. Ths is particularly true “6 GETING INTOTHE BSUS © in civil cases where there could be ce ould be as many legal disputes as there are claims of violations of separate rights of the parties. In these cases, you should address each of the principal issues that the several legal disputes present Occasionally, however, multiple legal disputes could converge into one controling issue. For example, in a lawsuit, Rudy Solis, a music composer, claims that his friend Sergio Gomez appropriated as his own and sold to a econd company a song that he (Solis) had created. Gomez's denial ofthis claim would create the first legal dispute. A further claim of Solis that Gomez maligned him as a thief of intellectual property and Gomez's denial ofthis additional claim swould constitute a second legal dispute inthe case. Gomez, on the other hand, Claims that it was Solis who tried to steal the song from him. Solis’ denial of this claim would create the third legal dispute. A further claim by Gomez that the lawsuit was malicious and Sols" denial ofthis claim would establish the fourth legal dispute ‘The claims, the denials, and the counterclaims produce four legal disputes in all because four rights were allegedly violated— two from each side. Yet all these dispute seem to depend on just cone controlling issue: whether or not, Solis or Gomez, created the song. It would be helpful to be aware that this convergence toone controlling issue could happen. What is essential is to spot the controlling issue, the resolution of which serves asthe key t0 resolving the multiple legal disputes. ‘Subordinate Controlling Issues Quite often, the resolution of the principal issue i depends on how a subordinate issue raised in connection with it is resolved. For example, the resolution ofthe principal issue ‘of whether or not the tenant has violated the lease by not paying the rent might depend on the subordinate issue of whether or not the rent may be deemed paid by a set off of the lessor’s separate debt tothe tenant. ‘A second example would be the case of the tenant who did not pay the rents, because he has in the meantime acquired Scanned by CamScannerUNDAMENTALSOF GAL WRITING cvoneship ofthe apartment fom the bank that frelsed the “mortgage on it. The resolution ss cA eee eemanie ieee Se oy cused ome the leased property. In these, wer fhe subordinate sues have Become the controling wre that would decide the outcome ofthe case. voor mater example Relying on advertisements about the me rh of taal cea calle Masi, Pata Geer bog eta Ae Shes Mein cot arlonnt gece co. the smal prints on the Tabel of the cream container that che oy posible allergy ithe use of the cream, Since wamed agains! Po the right to buy only safe products from Seeman Ea comet anght when it sold to her a facial cream that harmed Ce ie ris thisclim however tating that Guerrero her face, Werowameed of possible allergy and that she accepted the risk when she bought and used the cream. fact that Guerrero suffered rashes in using Maxim's eo i gl pute comin Gere’ that Maxim violated her right to be sold only safe products and Maxim's denial of the claim. The principal issue emanating from the dispute, then, is whether or not Maxim violated Guerrero's ‘ight tobe sold only safe products, The resolution of this issue ‘ads, however on the subordinate controlling issue raised tye nature of Maxim's defense: whether or not Maxim has the right to market cosmetic products that could cause harmful alley to some, provided thatthe product label discloses this risk Inthe case ofthe public works project director and his men who allowed a private contractor to deviate from the agreed building plan and reduce his scope of work yet got pald the original agreed price, these public oficers may raise the defense thal the government ordered an additional job done in exchange for the reduction in the scope ofthe earlier agreement. The issue would be whether or not such an agreement existed, CGeTTING ETO THE SUES ° Relevant and Irrelevant issues ‘Quite often, the opposing parties make conifictng claims regarding the facts of the casein their pleadings or testimonies Must you discuss all the factual issues raised by these conficting claims? Not all issues raised in a case ment discussion and resolution. Only relevant issues matter. Conflicting claims on collateral mates, if discussed to establish the ack of credibility of a witness, could be relevant othe side issue of whether or not tobelieve the testimony of that witness. As a rule, however, only issues that when resolved determine the outcome of the legal dispute ae relevant tothe cave, For instance, in the rape case, Ronald Galang claims that hhe was Julia Torres’ boyfriend but she denies it, asserting that hhe was merely her suitor. The issue regarding the character of their relationship is relevant because, while it is possible for a ‘man to rape his girlfriend, it seems improbable that he would do +0 considering the ove that binds them. What is more, a finding that Ronald was Julia's boyfriend would establish her as a liar because she testified that he was merely her suitor. This would discredit Julia's other testimonies. Conversely, irrelevant issues have no value in a case even if they are debated and resolved since they are of no ‘consequence to the outcome of the legal dispute. For example, also in the rape cas, the issue of whether or not Ronald isa good s0n for preferring o look after his parents rather than marry Julia is irrelevant, Being a good oc a bad son would not really help resolve the legal dispute that centers on Julia's charge that he raped her on the night in question and his denial ofthe charge. ‘Some good sons commit rape. Is the subordinate issue of whether or not the winning. contractor in a government project is a “kumpare™ of the head of the bidding committee relevant to the charge that the latter gave that contractor undue benefit? The answer is yes since that relationship could create a bias. Is the issue of whether or not the bidding committee head arrived five minutes late for the bidding relevant to that charge? Here, unless his late arrival resulted in some favor toa bidder, the answer is no. Scanned by CamScannerop LEGAL WRITING FUNDAMENTALS sings bee wn here is that you must beta The ewan Hor Snover, deoppig the ielevant and focanng ‘only on the relevant TRS i imporant because you ing wep Sd ight ven ween YOU 2S evan SU YOU Might be ‘Ait of Al the issues ficult to spot. There isan issse when aes at dont agen on 4 Print. To dete the contending partie 0 Pr mnpare the fact and the laws that the areas of their disagreement, dekdaim and idenly the two ses cain a ould make sense in pre-work to draw Pe Soregimansunenm re SETA ose ap i oa sould equally make sense to take note of ‘hat the parties agree om. “ke the ape case. Boh Ronald and Julia agreed that they stended the wedding party at Barangay Talaan, Lian, Batangas, atthe evening of July 12. They disagreed, however, on the rest of, what happened. “The following are the isues that their conflicting claims raise: 1. Whether or not Ronald wa Jullas suitor: 2. Whether or not she ignored him atthe party because she disk him; 3. Whether ornot she walked home alone from the pat; 4. Whether or not Ronald caught up with her on the ie- fel and grabbed her 5. Whether or not Ronald raped Julia, employing force and intimidation; and 6 Whether or nt Julia was prompted by a genuine de- sire for justice in filing the charge of rape against Ron- au Inthe above, the dominant issue is the filth, whether oF not Ronald raped Julia, employing force and intimidation, since itembuadies both the principal issue and the legal dispute that the case presents. As forthe fist ue in the ls whether or not Ronald was Julia's suitor t may be regarded asa subordinate issue since is resolution could shed light on the principal sou As forthe second issue in the lis, whether or ot Tula igrored Ronald atthe party, we have already sil that this s emote relevant othe principal ssue and so could be dropped frm the discussion. But how about the other issues we identified above, namely, the third, whether or not Julia walked home alone: the fourth, whether or not Ronald caught up with her and grabbed her; and the sixth, whether or not Julia was prompted by a genuine desire for justice in filing the charge of rape against Ronald? Does each of these issues merit separate discussions in the argument? The answer is no. These three factual issues are intimately related and may be considered as mere circumstances absorbed in the controlling issue of whether or not Ronald raped Julia, using force and intimidation. Julia's walking home alone and Ronald's catching up with her to grab and wrestle her to the ground are closely related antecedents of the rape. There is no point in discussing these conflicting claims apart from the rape itself if no separate arguments could be arrayed in support of ‘each. On the other hand, Julia's desire to file criminal charges against Ronald is but a natural consequence of the rape, if i indeed took place. I, too, need not be addressed independently of the controlling issue of whether or not Ronald had sex with Julia, using force and intimidation, the following claims, based on an actual case. For study, they have been simplified to highlight the issues that the litigants tender for adjudication: Allan: | shipped frozen shrimps from Davao to Manila on Ben’s vessel, using a refrigerated container rented from Cesar, The shrimps arrived already spoiled in Manila due to the negligence of Ben or Cesar or both. Scanned by CamScannerAL wRTING FuNDaMeNTatsOF sagertesconainerwasdefective, Ben senmtie resin was PY ‘efficient in navigation, Inveas od. My vessels not old. It was tainer Was in at Yr mae neil in checking good co on. The vessel ote deny that the ship's captain mee kom en dlring the VO nce Cesar dd ot file his claim within ne Lm ge aan te Py ed, 1oaays or wo distinct gal disputes There isa ‘The above preset Se ty complains of vieation legal dspute, we said, We” fhe other hand, denies such a oh 0 i inn te a apes consi 4) Alln’s claim that Ben and Cesar were negligent inbanaing the shrimps and Ben and Cesars enial ofthe aim and veto ib) Cesar'sclaimthat Danteunjustifialy refu tohonar is ability under the insurance policy forthe ‘elie shrimps and Dane's denial ofthe claim slicing claims of the parties generate seven issues, ea soc relevant to the legal dispute thatthe case presents? Let us consider each of these issues 1. Whether or not Ben and Cesar were negligent in handling the shrimps (relevant since itis a statement of one of the principal issues inthe case); 2. Whether or not Cesar is entitled under the insurance policy o reimbursement from Dante for liability for the damage {o the shrimps (relevant being a statement of one of the principal issues); 3. Whether or not the refrigerated container was defective (elevant being determinative of Cesar’s liability); 4. Whether or not the refrigerated container was an old unit (although an old unit could be in good running condition, its age could give credence to the claim that it bogged down luring the voyage, a relevant point) 5. Whetheror not the vessel's captain was highly efficient in ship navigation (this is definitely irrelevant unless it can be shown that the shrimps died of dizziness because of the vessel's bumpy ride); 6. Whether or not the vessel's crew checking the power supply to the contai ‘determinative of Ben's lability); and 7. Whether or not Cesar filed his claim against the insurance policy on time (relevant being determinative of Dante's liability) Which among the above issues are controlling, meaning that the outcome ofthe case hangs on their resolution? The third, ‘whether or not the refrigerated container was defective, could determine Cesar’s lability; the sith, whether or not the vessel's ‘crew was negligent in checking the power supply tothe container, ‘could determine Ben's liability; and the seventh, whether or not ‘Cesar filed his claim against the insurance policy on time, could determine Dante's liability. Factual and Legal Issues fas negligent in (relevant being All too often, the conflicting claims of the parties could tender factual as wel as legal issues. An issue is factual when the contending parties cannot agree that a thing exists or has actually happened. For example, there is a factual issue when the prosecution claims that the accused took and pocketed the victim’s cellular phone during the time they were both in the library while the accused claims that he did not and, in fact, never even went near the vietim. The factual issue in this case is whether or not the accused took and pocketed the victim's cellular phone, Scanned by CamScannerFUNDAMENTALSOFLECAL WRITING ims that the traffic officer Suppose the complainant claims ‘complainant, demaniel a bribe in each Sine that he did nor Givers license while theta ‘officer demanded a bribe the issue of whether oF 10" Te inant’ driver's license a factual Je achange for returning Ome Se ant ie he Sa defendants restaurant was spoiled while the fod hea a th ot Here the factual issue i whether theater a inthe defendant’ restaurant way or not es sieve is legal when the contending Cn the ter and an has actually happened bot pe ome nt edt on nl eo ee premeton adhe defense might Spee tat the male organ of ‘the accused merely touched the ages that th a rand did not penetrate it yet they could sero te ero ot teat ound 10 ape, You have disagree on whether ot ether or not there i rape When the male here the legal su Othe surface of the female organ. vr the mspndent it an adnate case amis ear ti na ae fh er ork for she ste of whether or not re Ben yng his tmecard to collect Overtime poy, responden ave misconduct hat warrants dismissal factual or iGeaisue? isa legal isu “There is ‘sou when there is an agreement tht he on cer because of Reavy smoking, but the famly he left behind and the cigarette company being sued Giaple onthe ater’ ability for such death, The legal issue in this case then is whether or not cigarette companies are liable for deaths caused by smoking their products. Correct statement of the Issues Because the statement of the issue or issues in a case is critical to an effective and focused legal writing, every issue should be correctly phrased. CGETnNG INTO THE RSUES, * One. For instance, why are the statements of the issues preceded by the words “whether or not”? By using the introductory words “whether or not.” you automatically incorporate the opposing views, the positive and the negative, into one statement of the issue, It, therefore, makes for a fair statement ofthat issue. ‘Two. You will notice that the issues listed above are stated in terms of what Julia claims the fatto be (e. whether or not Ronald washer suitor) rather than in terms of Ronald's opposite ‘claims (whether or not she was his sweetheart). The reason for this is thatthe plaintiff or the accuser in a case alw the burden of proving the affirmative of his or her cla general rule therefore, the issues tobe tried and decided are best defined in terms of those affirmative claims. For example, will you say “whether oF not the defendant was negligentin drivin hiscar” or “whether or not the defendant ‘was careful in driving his ear?” Since the plaintif or the accuser ina case always bears the burden of proving the affirmative of his claim, the issues to be tried and decided are best defined in terms of those affirmative claims. ‘An exception to this is when the defendant, the respondent, ‘or the accused inthe case admits the facts constituting the claim against him but rases a defense that exempt him from liability under it. For example, the accused ina criminal case might admit that he killed his vitim yet pleads self-defense to avoid liability In sucha case the issue would be defined in terms ofthe defense he invokes: whether or not the accused killed the victim in self defense ‘Three. Another thing is thatthe statement of the issue must be fair, not slanted in favor of a party. For example, the statement ‘ofthe issue “whether Ronald used force or intimidation in raping Julia” isnot far since it already assumes that he raped her. The reader will detect the resort to a slanted statement ofthe issue and doubt the integrity of the advocating lawyer. Four. The statement of the issue should also be compre- hensive, leaving no relevant point outside its embrace. For Scanned by CamScanneraca WTI FUNDAMENTALSOF example nie ae ge, he sedi es of Stan amp eta me Sot oe seove most be speeific and clea te The ntl tc ot instance, 3c i ee ersserey Faken by Congress Cen aks sulicet deta io BevDe ido amt nate ved Sa apathy ceca ist Te eaameth agcen at would be “Wi xt against being impriso bei Constitutional igh ty his statement of the iste to ef eh” The ie ras chosen tata or deen 5 oe our statement of Sr mes to captor your statement ofthe six Try tal tes pec tion of ht hat be is eto ethene ofthe debtor who reuse fo defendant cores under te promissory rot cin pay hat a en aa atthe sue “whether favor of and eta the cedior” No, you should rather ratte deter eter o ot he debtor unjustly refuses say ta ner promissory me tate stein favor of the creditor.” vst uficent to say tha the ise i “whether or not the bit ule sal violated Section 3() of Republic pant ould be Bete say, "whether or nt the a gan nved tthe owner a occupancy permit fora aie at has inadequate frees, in iltion of Section 3b) of Republic Act 3019 ‘An issue stated in this way will keep you on course when you wtte your memorendam, postion paper, decision, or petition. Threshold Issues ‘One final point in this discussion: you must not overlook threshold issues that cases sometimes present. Threshold issues are those that could slam the door to any judicial consideration (GETING HO THE RSLS fs of the case on its merits. For instance, a court could not decide 1 case falling outside the scope of its authority, a case filed in the wrong place, a case fled by the wrong party, ora case filed after too many years. Usually, threshold issues are brought out by a motion to dismiss in a civil ation or a motion to quash in a criminal action, filed before the issues on the merit of the case are nme byte filing an awe inthe fist or ples oft guilty in the secon ‘The resolution of these threshold issues and similar others takes precedence over the main legal disputes. For example, in the rape case, ifthe criminal information is filed with the Municipal Trial Court rather than the Regional Trial Court where itbelongs, there is a threshold issue of whether or not the former court has authority or jurisdiction to try and decide the case. In any event, pleadings that address threshold issues are crafted in the same way as other legal writings. ‘Wiiting Exercises 1. Presumably, you have, as part of pre-work, defined the legal dispute, identified the laws that govern the case of the child attacked by a dog. Hopefully, you put these all on paper. ‘Your next task is to identify the principal issue or issues that the legal dispute or disputes present as well as the subordinate issues following the example given above in the rape case. Then, choose from the issues you have identified, the controlling issue ‘or issues that when resolved will put an end tothe dispute. Scanned by CamScanneriA Roughing Out the Argument an ottne of the relevant fats: you hy You have made tape fats and nay a Te cow aan ee Sve iene he upg ON YOUT arent Te the net tp Per aing UP YOU plans Bore act im asense wou icing, ROUghiNg, OU Your argument constracing Your Mivetall picture of Your Presentation ay Balanced Presentation at fst, take a familiar story that begs for an effective Se oe re ein arene he spent too much time with his barkadas. His father bec out sucha eu But he did not mind bi, Whee it happened, the father was 60 angry that he refused to give his son money for re-enrollment. The son now approaches his father to plead his case with him. IF you were the son, how would you present your case? Here is one way: Dad, I want to re-enroll this semester [he speuks ofthat he wants todo, but not about what his dad wants to ‘ka he fils to stat the issue Dat is dad has to decide. would be happy if you let me re-enroll, dad, despite what happened [he speaks of hat will make him happy, tut omits to mention of what will make his dad happy), Py Rove UT THE ARCUMENT » If you don’t let me re-enroll, I will surely be tunable to finish my studies. [Shifting the biome ] How could you do that i mo Haw ca ys to-me? [Shifting the burden of ‘Do you think the father would give in to his son’s request? Chances are he would not. The son wronged his dad by ignoring his valid warning, When the son failed to value the father's effort in financing his schooling by not studying diligent, his father's ‘moral and social obligation to finance his schooling should be deemed over. Meanwhile, the son did not plan his argument ahead of time and did not se the issue from the father’s point of view. His efforts were doomed from the start. he prepared well, the son would probably have followed different tack. He would have said instead: Dad, please consider letting me re-enroll. 1 made ‘a mistake when I ignored your warnings concerning, ‘my barkadas. ! hope you could forgive me. really miscalculated my chances in that subject. But as you can see, I passed my other major subjects, with high grades. I have learned my lesson and promise not to repeat my mistake, In fact, as you. can see, I have stopped going out with my barkadas altogether. Dad, could you give me another chance? ‘Does this approach have a better chance? Definitely. It is forthright, honest, and realistic. And it shows to the father what he can sill do for his Son after what he did, First, the son stated clearly what the issue is and that itis up to his father to decide it. (Dad, please consider letting me reenroll.) Next, he acknowledged the argument against him (I made a mistake when I ignored your warnings) but he immediately argued that it was a mistake hs father could choose to overlook I hope you ‘could forgive me). Then, he brought up the arguments in his Scanned by CamScannerUNDAMENTALSOF LEGAL WAITING with high grades .. favor (I passed my other MAE" have stopped going mistake ut a sige el rc eat add you give me another chance?), Fro essex Ouran Any ater? Foch ke the above consider the struct 1 of view 4 eepalanced thesis presentation: _acdear statement of your thesis or where stand on ‘the issue to be resolved: The arguments that can e made Thon bat with an explanation that sitet th ‘Thine — The arguments in favor of your position; you! ae sh — An appeal to the good sense of the who will resolve the issue. (in person ot Fe forth elemet my of couse, be erty the judge since he is the person who wll resolve sreseue Nonetheless, the judge must convince the reader represents the exch of every anced attempt to win others 0 your view in a me eel had Spproach that characterizes many legal writings? There is only tone answer Complete your pre-work, Plan dnd rah oat “approach to your arguments before ten youhave dove these, you would be abe to scout the pole terran that your writing would cover, aided by a map in would be able to see the relevance and strengths your hand. Yo wow decide how to most effectively present of your argument and them when you write. How do you rough out your arguments so you could see a broad picture of how they look when you are finished? Since the main thing in roughing out your arguments is to see how they balance, use a balance sheet format. ROUGHING OUT THE ARGUMENT “ Recall that when you sorted out the facts of your case and looked up the laws or rules that applied to those facts, what guided you was Your “statement ofthe sue” that the case w however, in crafting your arguments, you need tobe guided by your thesis statement or proposition. A counsel for Ronald, your thesis statement would be: "Ronald didnot rape Julia.” Write it clearly atthe top center of your balance sheet EE RONALD DID NOT RAPE JULIA Whats the point in adopting as your balance sheet heading your thesis statement that “Ronald did not rape Julia,” rather than your statement ofthe issue, “whether or not Ronald raped Juli.” The points that the thesis statement represents the goal you set for your arguments. It will give you direction in shaping and coloring your arguments Next, write on the left column of your balance sheet the arguments that can be made against you, and onthe right column ‘write how such arguments do nat doom your case. In addition, write also on the right column an enumeration of the positive arguments in your favor. Finally state undemeath the arguments ‘your closing statement, an appeal othe good sense of the reader. (Where You Stand on the Issue) RONALD DID NOT RAPE JULIA (Arguments Against You) | (Arguments in Your Favor) Scanned by CamScannerFuNDAMENTAISOFLECAL 2 ‘opsal io aout Readers Gnd Ss vom teen a scr peu on a a ent of each of your arguments: Be tee clear, vale te ne eer ra gil 50 hat ar tose the whol PiU ‘Anatomy of Legal Argument ut were will you get the ag our abe balance sheet? ‘You should understand what ramets with which you will fill up an argument is An argument thesis oF proposition. For postion fs that “his " ” What reason can the son Shim re-enroll in schoo, nie thesis correct? One Feason the son can offer is fe pov tad none subject he di nt do aay rate he got high grades in his other subjects He still merits Sippon rom his dad inthe cn your thsi potion mht be hat he ape ae What reason can yOu offer to prove Rona id 0 st youu fers tat alough Fearne near where the rape supposed took place, he did ‘not hear Julia's outcry. Is this a good reason? ‘Yes, since it makes ‘The great bulk of legal argu classic eatogoical syllogism. A most following Major premise: All men are mortal. iments are in the mold of the basic example of this is the Minot premise: Jose is.a man, ‘Conclusion: Jose is morta. ‘The major premise, all men are mortal, is a statement of a rally accepted rule or truth. The minoe premise, Jose is 2 ‘man, is a statement that brings a particular thing o individual within the class or situation covered by the generally accepted rule or truth. The conclusion, Jose is mortal, sa statement that follows after the major and minor premises, deducing that the generally accepted rule or truth applies to the particular thing or individual. Here is an example. Arguing from common experience, @ witness can be discredited inthis manner: People who lie cannot be believed. ‘Armando lied in his testimony. ‘Therefore, he cannot be believed. ‘You need to understand that every sound legal argument is a combination ofthe right rule andthe right fact. For example, ‘what argument can you make if your thesis or proposition is that “Jose should be punished for crossing the red light” First, you can state the rule that “Crossing the red light is punishable by law.” Next. you can state the fact in Jose's case that “Jose crossed the red light.” Finally, you can state your conclusion that “Therefore, Jose should be punished by law.” To sum up: Crossing the red light is punishable by law. Jose crossed the red light. Therefore, Jose shall be punished by law ‘The above argument consists of three statements: the rule statement (crossing the re light is punishable by law), the case fact statement (Jose crossed the red light), and the conclusion statement (therefore, Jose should be punished by law). Scanned by CamScannerQ) UNDAMENTALSOF LEGAL WRITING The Key Fact in Rules You will note thatthe rule statement (ross ae light spun oon ri h, pecause all rules identify “crossing te re light.” This is logical spp. We will call this = f fact fason which ey i] 1 oper ed ight i our amp Sac fengieeeantgaeae ‘application of the rl opens up such errr the law that punishes theft iden, To further Mthich the law applies. t applies, according tifies the hey facto whith g th intent 10S" Bul with tote rena fps nore ON TNS, of avolenc agent orn Nomen" We wales ee eo te te rr fe ty Cu to fact involving @ Per another under the circumstances described tok the propery of na py to Cena given tatty key in the law, (ret his case. When the key fact component of the ie mterment i present in the case fat statement You have g ra eat The rl applies tothe case at. Thus: eho with intent to gan but without ok Esa oe intimidation of pervon nor force ven wea aball take the property of another without the latter's consent, shall be punished for theft. esartook withiatento gan, Mario'scellphone from his desk when his Back was ured and without his content ‘Consequently, Cesar shall be punished for theft. What argument can you make, on the other hand, if your a ee eel be punished for crossing the red light? First, you can state the rule that “beating the red light is punishable by law” (the rule that governs beating the red light) “but crossing the yellow light does not amount to crossing the red light” (an interpretative rule that excludes crossing the yellow ight fam the meaning of rosin the ROUGHINGOUF nie aRCuMENT « red light. Next, you can state ssed a yellow light" Finally “Therefore, David ca the case fact that “David actually ly. You can state the conclusion that snot be punished by law.” Thus — Crossing the red light is punishable by law. But ight does not amount to crossing ‘actually crossed a yellow light. ‘Therefore, David cannot be punished by law. The kay fact on which he general ule operates “rs the re ight” But this nat fund inthe prtaar eo David fore “actually cased a yellow ight"Comoqueniy the punishment due to persons who cross eights doc ol oops fo Davi, His crossing a yellow ight repels the operation of he law, producing a rege conductor Let us take another example. The law gives the right to bear the surnames ofthe father and the mother only to legitimate children. If the issue is whether or not the law will apply to 2 particular child, the key fact inthe law (the fact that the child needs tobe legitimate) must be present in his case. I the case fact is that Justo isan “legitimate child” the law does not apply 0 him Justo has no right to bear the surnames of his father and his mother. The rule does not apply to his ease fc. The above arguments, positive as well a negative, the classic categorical syllogism, applied to legal writing, This is made up of three statements: (1) the statement of a rule that applies toa given factor set of facts (the rule statement); (2) the statement ofthe fat ofa particular case that opens up such case ‘or closes it tothe application ofthe rule (the case fact statement); and (3) the concusion that the rule applies or does not apply to the particular case (the conclusion statemen?). ‘The Casa Fact, As already stated, rules usually identify the key fact upon which such rules will apply. Only when this “key fact” exists in «particular case ie, inthe “case fact will he rule apply to such case Scanned by CamScannerWRITING FUNDAMENTALS OF LEGAL WRI Ist the rule that dictates what the ee es —- a , of the case what the Tul ought ob? OF ours, the ase 70 particu ‘determines what will Br cular case gt example, we can PP the ule hy Tring the red lights punishable By BW" 10 Me 286 Of Jog because "Jose crossed the red light: herfore, bey When pepaing, our Tce One You knw ascertaining a ut again whatever rl sr facts, you can cha that easy Theoretical the fact of to govern the acts ae facts and you cannot ater them case doo never puting Your ger on HE correc fay eal ene the evidence of ose facts canbe ce wits bias by human eror in observing them, sacred PY Flity to communicate what one observed, and, no Corarly even by amotive tobe rhea the correc fact of a particular case ort eas han boen cerned, ow cere ht trae has en icantly change a5 You turn that cae shat applieg I an at hues and onus Fe ths sae prepare to deal with issues regarding What Your Case fact, truly is. Meaning of “Rule” ‘Once you have ascertained your case fact, where will you find the “rule,” the key fact of which isin favor of or against your case fact and which would either produce the positive or ‘negative conclusion that you desire? ‘The term “rule” used in this discussion has a broad scope. ‘As previously mentioned in Chapter 5, Knowing the Applicable Law or Rule, inchudes legislated rules lke: a i Where the fact of the case is that the government has taken possession of your client's land {for road building without paying him for i, you can invoke the Constitutional provision that “private property shall not be taken except upon payment of just compensation” to prove yout ‘thesis that your client i entitled to compensation. ROUGHING OUT Tr ARGUMENT ° b. Statutory provisions. Where your of 's client jeads lack of lability fora wrong he has compte Bocntoe Fre did not know thatthe iw forte you can invoke the srovision of the civil code that “ignorance of the law excuses no Bret prove your heal athe «files Sut misns. Where the accused fers money to the complainant for dropping the case, you can cit the provision of the Rules of Court that “an offer of compromise By the accused may be received in evidence asan implied admission cof guilt” to prove your thesis thatthe accused is guilty of the charge. But the “rule” also includes case laws or judicial precedents. Judicial precedents are the most convenient source of argument. Th hardworking lawyer or student, he lode, will ncover a treasury of arguments in the law reports, In real life, no problem, is new. Somewhere the sues you now fae have bee argued and resolved in a variety of ways, All you have to do is tap the law books where they are indexed and preserved. ‘Take for example the defense of alibi. If your opponent invokes it, you can easily put it down by invoking an abundance ‘of precedents that says: ‘The defense of alibi, asa rule, is considered with suspicion and is always received with caution, not only because itis inherently weak and unreliable, but ‘because itcan be easily fabricated. (People v. Paraiso, 349 SCRA 335.) Alibi cannot prevail over positive identification of the accused by the prosecution, witnesses who have no motive to lie, (People v. Lovedorial, 349 SCRA 402.) I you are on the other side, a counterargument exists: Alibi can be believed where it can be shown that the accused was at another place at the time of the commission of the offense and it was physically impossible for him to be at the place where it happened. (People v. Plana, 370 SCRA 542.) And Scanned by CamScannerTING UNDAMENTALSOF LEGAL" establish the puit prosecution is unable snamerectn art Morales, 363 SCRA 342) accepted truth «also inches wel) 20D 7 Mn an, lt derive from os A detent For example i enae, you can put down on the victin hows that he died 1 9 Fe it wound ky evidence that shows Mates that shooting We etm on Ns back Common 2 th deed Back ines would be smprobabl f9 ara ener og a St ac ty 0 Cina Sear pe ua dep yom fae in argu Ih my the complainant in arape 3° ‘Roughed Out Arguments the anatomy of every sound legal argument, _ hinge tan tr a ah yo sh anton teape charge agaist i balance sheet, one argument nald is that “oaginal here would be that “vaginal lacerations tims.” The case facts that “Julia had lusion would be that she probably cout the applicable rule are usually found in rape vi ‘vaginal lacerations.” the conc had been raped. Ronald might in turn state on the opposite column of his balance sheet his counter argument that “as @ virgin Julia could have lacerations during consented sex.” Spelled out, the applicable rule here is that “true, vaginal lacerations are usually found in ‘ape vitims but stating an exception tothe rule) such lacerations Can also be found in consented sex witha virgin.” Applying this rule to the case fact that “Julia was a virgin,” the conclusion ROUGHING OUT THE ARGUMENT would be that “the lacerations found in her do not necessarily Jadicate rape.” When placed in your balance sheet of arguments, the above should read: ‘Arguments Against You) | (Arguments in Your Favor) ‘Asa virgin, Julia could have vaginal lacerations during, consented sex. Vaginal lacerations usually found in rape victims were found in Julia. Some students who were given the task of making an outline of their arguments in the rape case showed a tendency {D state only either the case fact statement or the rule statement In their arguments. And a good number of them did not know row to look for meaningful points that support their thesis or position. They confessed that their undergraduate courses Eimply did not give them that kind of preparation and training For example, a student regarded as a strong argument to prove that Ronald di not rape julia the point that “he and she ‘were sweethearts.” ee RONALD DID NOT RAPE JULIA TArguments Against You) | (Arguments in Your Favor) He and she were sweet- hearts. Itmightbe a good argument but t states only the case fact in his argument, omitting the applicable rule, which, presumably, is that “itis not likely for a man to rape his sweetheart.” The better way to rough out the argument is to say, “Being sweethearts it jas not likely for Ronald to rape Julia.” Both the case fact and the rule are incorporated in this outline argument. Scanned by CamScannersannaunrasor teat TR | » roucHINGOUT mi ANGUS n cae ofthe precio allem categente search ofan argument t0 support his view that Ronald Pe C= scat ut wrt ts ptt soo Ia ened Juli during the wedding party so this made him feel bad RONALD RAPED JULIA ald was only a suitor, = Being oct et] ORAL “arguments Against You) | (Arguments in Your Favor) Julia ignored Ronald during the wedding party, making Tikety for Ronald to rape Julian licable rule i = ane atdet didnot state the applicable rule in his eee os the ae ery wel end UP V6," iy hhim feel ba. itso pete he oe pause Is the above a good argument? No. It does not appear © with human experienc, his 8 S have any reasonable relation to the student’ thesis that Rona prbablythestudent’sunstated rue isthat ‘uncorroborated Taped Julia, The beauty of a balance sheet format is that your ee denied by the adverse pay may be considered Tress "Ronald raped Julia,” is weitten prominently on top of chim wet In such case, e should combine this with your proposed arguments, To test the validity ofthe argument his “ease fact” and produce the ‘counterargument that: “But, hat the student raised, just see if his thesis follows from it. Thus: sco an ifs aim is self-serving since Julia never {fhe says “Julia ignored Ronald during the wedding party, uteited i” An altemate counterargument is that: “Being only making him feel bad,” could you deduce from this that “Ronald seritor Ronald was capable of committing the rape.” raped Julia?” When the two ideas do not connect, the argument istnvalid. Below are the other roughed out arguments and the closing RONALD RAPED JULIA statement thet Ronald could use. See if they connect to the ‘writer’ thesis or proposition. ‘Arguments Against You) | (Arguments in Your Favor) Being sweethearts twas | But, uncorroborated, Ron ia You Gd oa a) not likely for Ronald to rape_| ald’ claim is self-serving. Panett DID NOT RAPE JULIA Julia since Julia never admitted aaiy aati be ‘Arguments Against You) | (Arguments in Your Favor) as copebla ofthe crime. Because women will rarely | But not when the woman's ‘admit to having been raped | testimony, like that of Jul unless true, a rape victim’s | inherently incredible. The lesson here is that you must think your argument testimony can stand alone. ‘through to its essential elements s0 eough elements s0 you could test its validity or Scanned by CamScannerR FUNDAMENTALS OF LEGAL WRITING “Absence of bruises on her iy despite ough grounds pesates rape by Use of force Being a barrio woman, itis likely that someone like Ron, ald walked her home at that late hou. Itis but fair that sith common experience is not believed. Creative Thinking exhausted legislated rules and cout When yo ef siabl arguments that will por your tearm and these donot satiy YOU, try creative thei oF Pr Pvparrubeorsious mind take ove the problem thnk Ta ten ils indigenous solutions and plesay pees And the steps are simple i the data and inputs te sure that your mind gets all = vi memento Fae utes the mind wil process only those facts that have been put nt it e ample ask Second, pose the problem to your mind, For example, a your mind te question. How can I prove that Roald dd nt ‘ape Julia?” Repeat ths question to ourself a numberof times ttl you are satisfied that thas ben planted into your mind hind, forget about the cise. Take time out and let your subonsciousmind doth work. Gotoslep, You willbe surprised that the answer will pop out of your hea in the mide of what you ae doing. Be prepared tot it down immediately. ROUGHING OUT THe ancument ‘Arguments that Build Up ro Pan the Sy Se form a combination of the ight “rule” and the right “case fact” to support your thea re ropesition here isa list of other arguments that you cov aoe Bail up your sie of an ssuer Ee ay . way or the other, are excellent witnesses. For example, the medicolegal exper andthe farm ownes Pee he rape case have nobias or motive to testify falsely in b. The party's version is inherently credible and consistent with common experience. The truth of narrative stories is often judged by its compatiblity with common experience. For example ifthe fat that Ronald and Julia were sweethearts can be established, You con bee is im thatthe og themes when one evening they stopped and sat down in the midaleoaice fe PP © All the elements or requisites of a valid or defense have been proved. Some laws prescribe factual elements oF requisites in order for claims or defenses to be operative. You make a good argument when you prove that you have established them all. For example, the prosecution in the case against Ronald can show that it has established all the elements ofthe crime of rape to warrant conviction, ‘Arguments that Destroy Pointing out that the opposite party invokes the wrong “rule” or that he has filed to prove the “case fact” component ‘of his argument are the basic ways of destroying his thesis or Scanned by CamScannerING uecaL wan NDAMENTALS OF A FUND. Below are some addi Be a ieeievane An The argument res ot help resolve 1 is irrelevant s#he our opponent the. rable because he proposition. the same result a argument say, “The argument innocent le er ant since Being TesPOmS rman a rapist” gue ts argument has ite weight given the sane ostseravons inthe case. Heme YOU NUTS coniderent has made a valid argument but ta ten considerations outweig mance ero aa ants to explain his wuld say, “That failure can Id have killed Ronald if been Te act ater hi auger cried rape”

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