Syntax, Grammar, and Punctuation
●
Syntax
● Subject, verb, and object
● proposed arrangement of words
sentences
Examples
Legend: subject, answer
1. The chair (is/are) in the room.
2. The chair surrounded by boxes (is/are) in
the room.
3. The complainant, as well as the witnesses,
(was/were) present.
4. The complainants, as well as the judge, were
present.
5. To settle for less than the victim’s
hospitalization expenses (is/are) not
possible.
6. Your granting our requests (is/are) most
appreciated.
Grammar
Subject-Verb Agreement
● Agreement in Number
○ A singular subject takes a singular
verb
○ A plural subject takes a plural verb
a. Singular
● Each, either, neither, one, much,
someone, anyone, everyone,
somebody, anybody, everybody,
nobody,
b. Plural
● Both, few, many, several
c. Either Plural or Singular
● All, most, some, every, none, any,
half, more, each
● depends on meaning intended
● Singular = taken as a unit
● Plural = taken separately
d. Conjunctive-Compound Subject
● Usually plural
● The plaintiff and the defendant
agree to refer the matter to
mediation.
What my boss wants and what
the advertising agency wants are
very different.
e. Adjectives used as a noun
in ● The beautiful are a class by
themselves.
● The coward die before they die.
Examples
1. One of my friends is attending the party.
2. A panel consisting of three doctors, two
university professors, and four lawyers is
going to conduct the interview.
3. Only one in the three is expected to oppose
the motion.
4. A faction of the 14-member board is
questioning the report.
Prepositional Phrases
● Those that come in between the subject
and the verb do not affect the SV
agreement rule
a. Singular compounds that appear plural
● As well as, along with, together
with, but not
● Examples:
○ The dean, along with other
faculty members, continues
to encourage students to
study alternative dispute
resolution.
○ The school president, not to
mention the other members
of the board, is of the
opinion that law students
should all have law office
internships.
Single measurements but plural in appearance
● Three blocks is great for exercise.
● Fifteen days is the company’s annual
vacation leave.
● Paramount Pictures is my favorite studio.
● Three hundred pesos is all I ask.
Name of Science or Practical Application
● Singular = Name of Science
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 1
 ○ Economics is his favorite subject.
● Plural = Practical Application
○ The economics of studying abroad
force Filipino students to be frugal.
Examples
1. The news this morning (is/are) depressing.
2. Her bestfriend and lover of 20 years (has,
have) proposed to her.
3. Despite the forecast of rain, Martha, along
with the twins, John and Julian, (was, were)
busy setting up for the garden party she
had planned.
4. The demand for changes to the college’s
outreach programs (is, are) going to be
addressed at the next meeting.
Pronouns
● Words used to substitute nouns or noun
phrases
● Avoid the ambiguous pronouns reference
● Pronouns not placed properly can point to
the wrong noun thereby changing the
meaning of the sentence.
a. Robert’s father will use his car for
the picnic.
i. Robert’s father will use
Robert’s car for the picnic.
ii. Robert’s father will use the
latter’s car for the picnic.
● “This, that, these, those, them” should only
be used when the antecedent is definitely
established.
a. Repressed jealousy and hatred
among brothers and sisters is
counterproductive. You must get rid
of them.
i. Repressed jealousy and
hatred among brothers and
sisters is counterproductive.
You must get rid of these
feelings.
b. That is what I have been waiting to
hear from you.
i. That phrase “love thy neighbor”
is what I have been waiting
to hear from you.
Punctuations
● More prominent in written materials
○ Not needed in verbal materials
● Used to help the reader understand the
material
● Makes the writing more comprehensive
Apostrophe
● Punctuates the word rather than the
sentence
● Purposes:
○ Possessive case
○ Omission of a letter or figure
■ not really used in legal
memoranda and in office
memoranda (business)
○ To form the plural of letters,
numbers, words, or abbreviations
1. When letters or words (used as they are)
are pluralized, the apostrophe is used
● Cross your t’s and dot your i’s.
● He writes his leyte’s uncapitalized.
2. The plural of single-digit numbers written
in figures is formed by adding ‘s.
● We must walk in 2’s.
● We must walk in twos.
3. Multiple-digit numbers in figures, dates,
and single-digit numbers which are
spelled-out are pluralized by adding a
simple s, no need to put an apostrophe.
● Segregate the bills by 50s.
● That was done in the 1970s.
4. Uncapitalized abbreviations are pluralized
with ‘s.
● Bring your cd’s to the picnic
5. The plural of capitalized abbreviation is
formed by adding an s.
● He has a string of PHDs, yet
remains humble.
Comma
● The defendant, who looked apologetic, was
found guilty.
○ The defendant who looked
apologetic was found guilty.
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 2
 (unclear since it pertains that there
may be more than one defendant)
● Woman, without her man, is lost.
○ Woman, without her, man is lost.
(completely different meaning)
Introductory of Element Phrase
● Comma shall be used after these words
○ However, fortunately, first, soon,
obviously
○ Being blood relatives, in fact, very
soon
○ At the time of the incident, with the
preparations all geared up for a
warm welcome, speaking to the
defendant
Transitional Words
● Comma shall be used after these words
○ Moreover, therefore, thus,
furthermore
Interrogatory Tags
● Questions follow a declaratory statement
● The subject of both the statement and the
question is the same person/thing
○ The judge is the Rotary president of
the district, is he not?
Coordinate Adjectives
● Two or more adjectives that equally modify
a noun
○ The defendant chose to wear his
most colorful, traditional clothes in
court.
Double Commas
● Here are your documents, Mr. Cruz, and be
sure to read them all tonight.
Parenthetic Expressions
● Words and phrases that give additional
meaning but are only incidental to the
main thought of the sentence
○ Judges, just like any human, may
be tempted to overlook facts out of
pity.
Contrasting Expressions
● Introduced by not, but, but not, although not,
though not usually, and the like
○ The plaintiff, but not his wife, is
predisposed to settle.
Appositives
● word/phrase beside another to add to or
explain the first
● Sometimes, they are preceded by such as,
or, especially, particularly, most notably, etc.
○ Jose, Mario’s older brother, is here.
○ The bus, old and dilapidated, still
transports passengers.
Non-Restrictive Sentence
● Modifies a part of the sentence but is not
essential to the overall meaning of the
sentence
○ The class, which meets at the 3rd
floor, has invited Atty. Perez.
Interrupting Words/Phrases
● Sir, madam, my dear cousin, etc.
○ The proposal, Your Honor, aims to
give housing to the landless.
Quotation Marks
● May be double “...”
● May be single ‘...’
○ Useful for nested quotations,
quotations within quotations
○ Dag Hammershjold said: “Your
responsibility is a ‘to-’; you can
never save yourself by a ‘not-to.’”
1. Punctuation before quotation marks
● The witness sighed, “I still do not
understand why I was asked to
testify.”
2. End punctuation of the quoted sentence
● Usually a part of the quoted
sentence
● The witness sighed, “I still do not
understand why I was asked to
testify.”
3. Other uses of quotation marks
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 3
 ● Words used ironically or with a
different shade of meaning
○ His “wife” will attend the
funeral.
■ May pertain to a
live-in partner, but
not a legal wife
● Nickname written between a
person’s first name and surname
○ Juancho “Pakito” Ramos
e.g. vs i.e.
● Exempli gratia (Latin)
○ For example, such as
○ Used to introduce one or more
examples of something mentioned
previously in the sentence
○ Implies that there are other
examples not included in the list
○ No need to use “, etc.”
○ “Example given”
■ The Summer Olympics is
composed of a variety of
sports (e.g., gymnastics,
swimming, and tennis).
■ Many genes are involved in
neural tube development,
e.g., Sonic Hedgehog, BMPs,
and the Hox genes.
● Id est (Latin)
○ That is, specifically, namely
○ When you want to specify
something previously mentioned
○ “in ether (other) words”
■ Only one city, i.e., London,
has hosted the Summer
Olympics three times.
■ Every genetics student
learns the two basic
methodologies in the field,
i.e., forward genetics and
revers genetics.
○ Can be used for emphasis
■ The heinous crime was only
witnessed by two witnesses,
i.e., the accused and the
victim.
■ In exchange of the
commission of the crime,
the accused were granted
incentives, i.e., plane tickets,
P2 Million, and a brand new
car.
■ Only one (1) member of the
board, i.e., Juana Change,
attended the Board meeting
Modifiers
Past Participle
● Typically ending in -ed in English
● Form of a verb used in forming perfect &
passive tenses and sometimes as an
adjective
● Compound verb
PAST TENSE PAST PARTICIPLE
I lived in the United I had lived in the United
States for seven years. States for seven years.
I listened to this song I have listened to this
five times. song five times.
We talked about this The book has been
book. talked about.
I ate breakfast at 10 I had eaten breakfast by
o’clock yesterday. 10 o’clock yesterday.
Conditionals
● Describe the result of a certain action
○ If clause = tells the condition
○ Main clause = tells the result
● Order of the clauses does not change the
meaning
● If you study hard, you will pass the exam.
● You will pass the exam if you study hard.
Zero Conditional
● Used when talking about things which are
generally true, especially for laws and rules
● if/when + present simple >> present simple
○ If I drink too much coffee, I cannot
sleep at night.
○ Ice melts if you heat it.
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 4

First Conditional
● Used when talking about future situations
we believe are real or possible
● if/when + present simple >> will + infinitive
○ If you do not attend the hearing, the
judge will issue a warrant of arrest.
○ If you fail to attend the board
meeting, you will not be able to cast
your vote.
● Words that can be used instead of if:
unless, as long as, as soon as, or in case
○ The judge will issue a warrant of
arrest unless you attend the
hearing.
○ You will not be able to cast your
vote unless you attend the board
meeting.
Second Conditional
● Used to imagine present/future situations
that are impossible/unlikely in reality
● If + past simple >> would + infinitive
○ “If” is followed by verb “be” → if I
were, if she were, if he were, if it
were
○ If I won the lottery, I would resign.
○ He would travel more if he was
younger.
Syntax
SUBJECT VERB OBJECT
The lawyer shouted at the witness
The general met the representative of the
manager advertising agency
The investor attended the stockholder’s meeting
Modifiers
● Words, phrases, clauses that affect and
often enhance the meaning of a sentence
● Offer detail that can make a sentence
more engaging and specific
● words/phrases which act as adjectives or
adverbs
● Generally, the writer is free to decide where
to place the modifier
● Why? When? Where? How? On what
conditions?
● Maria edited the letter quickly. (end)
● Maria quickly edited the letter. (middle)
● Quickly, Maria edited the letter. (front)
Placement of Modifiers
1. Dangling Modifiers
● Attempts to describe a word that is
not clearly referred to in the
sentence
● Can lead to absurdity
2. Single-Word Modifiers
● Placed near the word/phrases they
modify
Modifying Phrase or Clause
● I head that the Mr. Si intends to share fifty
percent (50%) of his shares to Mrs. Rubina
while I was outside his office.
○ While I was outside his office, I
heard that the Mr. Si intends to
share fifty percent (50%) of his
shares to Mrs. Rubina.
● Three television sets were reported stolen
by the Manila Police yesterday.
○ The Manila Police reported that
three television sets were stolen
yesterday.
● Having finished the scheduled
presentations, the meeting was concluded.
○ Having finished the scheduled
presentations, the Chairman of the
Board concluded the meeting.
Active Voice
● Watch out for statements beginning with:
○ There is/are/was/were
○ It is/was
ACTIVE PASSIVE
Courts can modify its Interlocutory orders may
interlocutory orders. still be modified by the
courts.
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 5
The court failed to cite There were no authorities ● Active voice is more definite
authorities in its cited by the court in its ○ More categorical, i.e., the identity of
judgment. judgment. the actor is always present
Engr. Perez suggested It was suggested by Engr.
that Julia ask the Perez that the Exceptions
contractor to submit the submission of the new ● When to use passive voice
new bid. bid by the contractor be
requested by Julia.
More important to know the thing done than to
know who the doer was
Active Voice ● The subpoena was served on January 4,
● Engages reader with movement & action 2007.
● Sentences should sound & feel like the ● My mother was bitten by a dog.
subject produces the action ● My grandmother was hurt in that bus
● Subject of the sentences does the action collision.

Active Sentence When the actor is unknown

● Subjects produce the action ● The pawnshop was robbed last week.
ACTIVE PASSIVE ● The plants were cut last night.

I got interested in A sudden interest in For emphasis

psychology. psychology dawned on
me.
Mario saw the ‘Sound of The ‘Sound of Music’ was
Music’. seen by Mario.
David drives the Lexus. The Lexus is driven by
David.
I shall always remember My first visit to Boston
my first visit to Boston. will always be
remembered by me.
Active Description
● Verbs activate the description
ACTIVE PASSIVE
● The cheating incident was reported to the
Dean’s office.
● The murder was perpetrated by his father.
● The robbery was committed by his
classmate.
● The mistake was carried out by the General
Manager.
● The excellent report was prepared by
Section K33.
● The villain character in the movie was
excellently portrayed by Ton Cruise.
● The exceptional movie was produced by
Marvel Studios.

Jen’s anger filled the The room was filled by Prefer the Positive Form
room. Jen’s anger.
NEGATIVE POSITIVE
He stuttered. He was overcome by fear.
Did not follow disobeyed

NOTE: Active voices may be expressed in various Was not present absent
tenses (past, present, future, etc.)
Not guilty innocent

Why Active Voice is Preferred Could not remember forgot

● Active voice is more forceful and concise
Not too many few
○ Direct and vigorous
○ Regular use of the active voice Not un-Christian Christian
makes for a more forceful writing
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 6
Not invalid valid ○ Something from which one is
delivered
Not unlike like ■ Eased of her worries
Did not show dissatisfaction satisfied
Differences in Meaning

NEGATIVE POSITIVE Between and Among

May be indirect Direct and definite BETWEEN AMONG

Entails the use of more More concise and easier Only two persons/things More than two are
words, can be distracting to understand are considered considered

Preferably used when Preferably used when

denying asserting
Beside and Besides
BESIDE BESIDES

Prepositions At the side of In addition to or except for

● Links words in the statement and
Sitting beside you No one besides you and Alexa
indicates the relationship of its object in
terms of time, space, or meaning to the
rest of the sentence In and At
● Difficult to master because one might IN AT
have multiple meanings
Building or Refers to the interior Pertains to site itself
Structure (In the dean’s office) (at the Faculty Center)
Example
● Of Place Countries, cities, Particular streets,
and other places structures, places
○ By (in Manila) (at DLSU)
■ Novels of Rizal
○ On the part of
In and On (Place)
■ It is thoughtful of you
○ Component part IN ON
■ Bowl of soup Inside a defined space Touching the surface of
○ Status something
■ A man of means
There is water in the There is someone on my
○ Reference glass. bed.
■ South of the border
○ Personal quality The quote appeared in a The quote appeared on
news article. the website Reddit.
■ A woman of character &
strength
○ Belonging the class of indicated by Exceptions for In and On
the preceding noun IN ON
■ Province of Leyte
○ Part of the whole as indicated by Cars (van, taxi, Larger vehicles (planes,
helicopter) trains, buses)
the preceding word
■ Few of the clerks Written document Websites
○ Someone whose means were (regardless of format)
diminished
■ Robbed of his savings
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 7
In and On (Date) Corresponding in size/degree; in
●
IN ON proportion
● Justice call for a penalty that is
Date is within a period Specific date commensurate with the gravity of
the offense.
In January 2022, the On January 16, 2022, the
second trimester will second trimester will 13. Convicted (of)
start. start. 14. Contempt (of, for)
15. Disadvantageous (to)
Get in/out and Get on/off 16. Divest (of)
● To deprive someone of something
GET IN/OUT GET ON/OFF
● Convicted of his crimes, he was
Small vehicles, buildings Big vehicles divested of all his wealth.
17. Furnish (to, with)
Get in the car Get on the plane
18. Guilty (of)
Get off the taxi Get off the train
19. Legislate (on)
20. Motive (for, behind)
Legal Prepositions 21. Prosecute (for, into, with)
1. Abate (by, in) ● For -> arraign
● lessen, reduce, or remove ○ My client is being
● abate surrounding noise by putting prosecuted for libel.
on a headset ● Into -> carry on
2. Abscond (from, with) ○ The city treasurer is
● To leave hurriedly & secretly; to run prosecuting an inquiry into
away the conduct of his staff.
● abscond from the city penitentiary ● With -> wage/campaign
● absconded with items from the ○ The BIR prosecuted its
museum campaign with eagerness.
3. Accede (to) 22. Punishable (by)
● To agree to something 23. Vest (in, with)
○ The Philippines acceded to
the treaty. Writing Forms and Style
● To assume an office/position
○ The daughter acceded to the
Use Familiar and Concrete Words
throne.
● Clarity and precision
4. Accessory (after, to)
5. Accuse (of) She sustained bereavement Her father died.
6. Acquiesced (in) of her paternal relative.

● To accept something reluctantly Her counsel failed to come to Her counsel was
but without protest the hearing because of the absent during the
● Toni acquiesced in the ruling of the onset of the inclement hearing due to the
weather. storm.
court.
7. Acquit (of, by) You need agricultural You need a garden
8. Addiction (to) implements to do the job of spade to plant trees.
9. Bar (from) planting trees.
10. Bribe (with)
11. Brief (by, on)
12. Commensurate (with)

Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 8
Avoid using highfalutin words 3. Published Edition of Works
● May be an indication to cover one’s
inability to be definite or specific When are works protected
Member of the feline family cat
● Section 172.1
○ Literary and artistic works… are
Rendered a negative response on Denied my original intellectual creations in the
the subject of my solicitations request literary and artistic domain
protected from the moment of their
Clear Writing creation.
● Know what you want to say ● Section 172
● Be persuasive ○ Works are protected by the sole fact
○ Cite sources of their creation, irrespective of
○ In legal writing: cite jurisprudence, their mode or form of expression,
laws as well as of their content, quality,
● Be clear and logical and purpose
● Go direct to the point
● Have a structure Who owns the copyright
○ ALAC (Answer, Law, Application, ● Author
Conclusion) ● Employee
○ Write an outline ● Commissioned work
● Observe grammatical rules (consistency) ● Letters
● Fix the form
Author
Copyright ● Natural person who has created the work
● In copyrighting books, the purpose is to ○ Natural person - a human being
give protection to the intellectual product (G.R. No. L-770)
of an author. (Section 184.1) ● Should be deemed as one who fixed an
abstract idea into something tangible (G.R.
No. 197335)
According to Republic vs. Heirs of Tupaz
IV (G.R. No. 197335, September 7, 2020)
● “The right granted by statute to the TYPE OF WORK WHO OWNS COPYRIGHT
proprietor of an intellectual production to Literary & artistic Author
its exclusive use and enjoyment”
● Is a purely statutory right Joint ownership Co-authors; if agreement is
absent, rights shall be governed
○ Only classes of works falling under by rules on co-ownership
the statutory enumeration are
entitled to protection If the author of each part can be
○ “May be obtained and enjoyed only identified, the author shall be
owner of copyright in the part
with respect to the subjects and by he created
the persons, and on terms and
conditions specified in the statute” Created during Employee; if not part of his
and in the course regular duties
of employment
Works protected by copyright Employer; if part of regular
● Sections 172 and 173 of the IP Code duties, unless there is an
agreement (express or implied)
1. Literary and Artistic Works
to the contrary
2. Derivative Works
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 9
Commissioned Author owns copyright, unless
work there is a written stipulation to
the contrary
Person who commissioned has
ownership over work
Letters Author owns copyright; cannot
(Article 723 of the be published or disseminated
Civil Code) without his/his heir’s consent
- Court can authorize if public
good or interest of justice so
requires
Receiver of letter has ownership
Collective Work
● Section 171.2
○ A work which has been created by
two (2) or more natural persons at
the initiative and under the
direction of another with the
understanding that it will be
disclosed by the latter under his
own name and that contributing
natural persons will not be
identified.
Works not protected by copyright
● Section 175 and 176 of the IP Code
Are ideas protected by copyright
● An idea or event must be distinguished
from the expression of that idea or event.
Idea
● “must be spoken to a little before it will
explain itself”
● a concept that has eluded exact legal
definition
Expression
● Concrete ideas
● “Concrete” tangible embodiments of these
abstractions
○ Concrete
■ Referring to a particular;
specific, not general or
abstract
Elements of Copyright
1. Originality
● Elements
a. Independently created by
the author
b. Possesses some minimal
degree of creativity
2. Expression
Plagiarism
● “Deliberate and knowing presentation of
another person’s original ideas or creative
expressions as one’s own”
○ Presentation of another’s ideas as
one’s own must be deliberate or
premeditated (a taking with ill
intent)
● Objective act of falsely attributing to one’s
self what is not one’s work, whether
intentional or out of neglect
● Act of appropriating the literary
composition of another, or parts or
passages of his writings, or the ideas or
language of the same, and passing them
off as the product of one’s mind
What are the benefits of and rights
created by copyright
Rights granted by copyright
● Economic Right
● Moral Right
NOTE: Check Section 177 and 184 of the IP Code.
What is the essence of copyright
infringement
● Similarity or at least substantial similarity
of the purported pirated works to the
copyrighted work (G.R. Nos. 76649-51)
Substantial Reproduction of a Book
● Does not necessarily require that the
entire copyrighted work, or even a large
portion of it, be copied
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 10
 ● Copyright infringement occurs when so
much is taken that the value of the
original work is substantially diminished,
or the labors of the original author are
substantially and to an injurious extent
appropriated by another
○ Sufficient in point of law to
constitute piracy
Lack of Intent to Plagiarize
● It is no defense that the pirate did not
know whether or not he was infringing any
copyright; he at least knew that what he
was copying was not his, and he copied at
his peril (G.R. No. 131522)
Quotations
● Quotations from a published work if they
are compatible with fair use and only to
the extent justified by the purpose are
allowed provided that the source and the
name of the author, if appearing on the
work, are mentioned
Fair Use of a Copyrighted Work
● Section 185 of the IP Code
○ The fair use of a copyrighted work
for criticism, comment, news
reporting, teaching including
limited number of copies for
classroom use, scholarship,
research, and similar purposes is
not infringement of a copyright
Factors to be considered to determine whether
the use of a work falls under fair use
1. The purpose and character of the use,
including whether such use is of
commercial nature or is for non-profit
educational purposes
2. Nature of the copyrighted work
3. The amount and substantiality of the
portion used in relation to the copyrighted
work as a whole
4. The effect of the use upon the potential
market for or value of the copyrighted work
Legal Writing
(Fundamentals of Legal Writing by Abad; Atty. Perez PPT)
Legal Writing
● when a lawyer writes back to a client about
the former’s views regarding his probable
liability based on the facts the latter tells
him
● when a lawyer files a number of pleadings,
motions, oppositions, replies, rejoinders,
memoranda, and other papers when the
case gets to court
● when a judge, who is also a lawyer, puts
the decision in writing, announce its
results, and reveal to the parties the
reasons for the decisions
○ strength of decision lies in validity
and persuasiveness of the opinion
supporting it
Process of Legal Writing
1. Put together facts
2. Find the applicable statute
3. Identify the issues
4. Strengthen your arguments
5. Proofread
6. Write better
Legal Dispute
● When one part complains of a violation of
his right by another who, on the other
hand, denies such violation
● the right claimed to have been violated
must be a legal right since courts will
uphold and vindicate only those rights
that are established or recognized by law
● Akin to a cause of action in a civil suit in
which the defendant denies the claim
against him
Elements of a Legal Dispute
1. A right protected by law
2. An alleged violation of such right
3. Denial of the allegation
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 11
Significance of knowing what the Legal Dispute
Is
● legal dispute involves a violation of a right
protected by law or which violation the law
punishes —> can only be properly ended by
resolution of such dispute
● if legal dispute is not correctly identified
and addressed —> nothing will happen and
such dispute would not be terminated
Legal Dispute and the Principal Issue
● legal dispute, recast/rewritten in the
format of an issue, provides the principal
issue in every case
Examples
Civil Cases:
1. When a person renting an apartment
allegedly could not pay the agreed monthly
rents yet refuses to leave his unit
a. Legal Dispute
i. apartment owner’s claim
that tenant fails to pay the
agreed monthly rents and
must leave his unit
ii. tenant’s denial of the claim
and insistence to retain unit
b. Principal Issue
i. “whether or not the tenant
who fails to pay the monthly
rents must leave the
apartment unit”
2. When a person allegedly refuses to pay his
debt
a. Legal Dispute
i. creditor’s claim that debtor
unjustly refuses to pay his
debt under a promissory
note that he issued in favor
of the creditor
ii. debtor’s denial of such a
claim
b. Principal Issue
i. “whether or not the debtor
unjustly refuses to pay his
debt under a promissory
note that he issued in favor
of the creditor”
Criminal Cases:
1. Person defrauds another by selling a fake
Rolex watch to him for the price of a
genuine one
a. Legal Dispute
i. State’s charge that accused
defrauded the complainant
by selling a fake Rolex watch
to him for the price of a
genuine one
ii. accused’s denial of the
charge
b. Principal Issue
i. “whether or not the accused
defrauded the complainant
by selling a fake Rolex watch
to him for the price of a
genuine one”
2. Building official issues to the owner an
occupancy permit for a building with
inadequate fire exits
a. Legal Dispute
i. complainant’s claim that
respondent building official
issued to the owner an
occupancy permit for a
building with inadequate
fire exits in violation of
Section3(b) of RA 3019
ii. respondent’s denial of that
claim
b. Principal Issue
i. “whether or not respondent
building official issued to
the owner an occupancy
permit covering a building
that has inadequate fire
exits in violation of Section
3(b) of RA 3019”
Legal Issue
● Your case will be decided for or against you
based on that issue
● The significance of every argument you
want to use to persuade your reader will
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 12
 depend upon the argument’s relevance to 4. Knowing the laws or rules
the principal issue that apply to it
● Avoid useless arguments 5. Roughing out the
arguments that you would
Whether or Not use
● You automatically incorporate the
opposing views, the positive and the Value of Pre-Work
negative, into one statement of the issue. ● haphazardly finished legal writing
It, therefore, makes for a fair statement of can be traced to lack of pre-work or
that issue. pre-work hastily done
● pre-work helps the lawyer make a
NOTE: Plaintiff or accuser always bears the burden of convincing presentation of his case
proving his/her claims in the limited time that he is able
to hold his audience’s attention
Stages of Writing
1. Pre-Work 2. Write-Up
● beginning the writing assignment ● as you already have all the ideas
and looking at facts and evidence you need concerning the legal
of the case as they are made writing assignment, your task now
available is to put flesh, color, and shape to
● new case: them
○ facts might come from ● transform the sketches and
interviews of persons outlines your produced during
involved or from related pre-work into a full draft of the
documents that require paper required of you
sorting; ● editing and rewriting will complete
○ materials would be this stage
absolutely raw
○ dates when important Getting at the Facts of the Case
events took place are mixed ● legal writing stands on two legs: (1) the
up facts and (2) the laws involved in the case
○ case that has undergone ● pre-work always starts with getting the
trial facts right
○ looking at the transcript of
the testimonies of Facts of a Case
witnesses and the ● Must have complete understanding of
documentary exhibits what the case is about from every angle,
presented in the case including that of the opposition
● is a process ● Preliminary determination of the issue is
● must go through at least five levels important
of efforts:
1. Establishing where the legal Random Notes
dispute lies in the case ● one way to study case materials
2. Discovering its relevant ● taking note of random facts of the case
facts you consider important as you go over
3. Identifying the issue/s that them
you would address
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 13
 ● good practice but does not give you
complete picture
● often uncorrelated and are useful only for
work done in one sitting
Summary
● systematically prepared notes that
adequately capture the entire factual
terrain of the case, with important points
properly marked out
● serves as a detailed map, able to guide you
in negotiating your way through the
dispute involved
● forces you to search materials for what is
important
● compels 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 omit it from
your summary
Arrange the facts in proper order/sequence
● Easier to understand because you get to
see the natural order or flow
● Avoids confusion
● When facts are arranged in the proper
order, you would clearly see how each fact
relates to or connects with others. When
the factual versions of either side are put
in order and matched, you would also be
able to see clearly the areas where the
respective versions agree and disagree.
○ Will furnish you with a balanced
appreciation of each opposing
claim
Knowing the Applicable Rule or Law
Statute Law
● Laws and rules enacted by
duly-constituted rule-making authorities
○ Congress (Republic Acts, Batas
Pambansa)
○ President (Presidential Decrees,
Executive Orders)
○ Supreme Court (Rules of Court)
○ Local government councils (city or
municipal ordinances)
○ Administrative regulatory agencies
(implementing rules and
regulations)
Case Law
● Decisions of courts & persons or agencies
performing judicial functions
● These decisions interpret and apply
statute law to specific situations
● Rulings in these cases become legal
precedents that, when invariably affirmed
and used, become part of the law itself
NOTE: Legal Writing consists of (1) facts and laws, (2)
getting into the issue
Getting Into the Issues
Issue
● Exists when the contending parties do not
agree on a given point
Spotting the Issue/s
● (1) compare the facts and laws that the two
sides claim and (2) identify the areas of
their disagreement
● Also take note of what the parties agree on
Kinds of issues that may arise in Legal Dispute
1. Factual
● Contending parties cannot agree
that a thing exists or has actually
happened
2. Legal
● Contending parties assume a thing
exists or has actually happened but
disagree on its legal significance or
effect on their rights
Cases that have multiple legal & factual issues
● Especially true in civil cases
○ There could be as many legal
disputes as there are claims of
violations of separate rights of the
parties
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 14
 ● Principal issues must all be addressed
One controlling issue in multiple legal disputes
Example: In a lawsuit, Rudy Solis, a music
composer, claims that his friend Sergio Gomez
appropriated as his own and sold to a record
company a song that he (Solis) had created.
Gomez claims that is was Solis who stole the
song fro him (Gomez).
● Legal Disputes
○ Gomez’s denial of this claim
○ Solis’ claim that Gomez maligned
him as a thief of intellectual
property and Gomez’s denial of this
additional claim
○ Solis’ denial of the claim of Gomez
that it was Solis who tried to steal
the song from him
○ Solis’ denial of the claim of Gomez
that the lawsuit was malicious
● Controlling Issue
○ Whether or not Solis or Gomez
created the song
NOTE: if you do not know the “specific right protected
by law”, integrate “violated the laws” in your issue
NOTE: Issue must be fair.
● Wrong: WON Zeno and Primo employed
treachery and evident premeditation in
killing Andy
● Wrong: WON Zeno and Primo murdered
Andy
● Correct: WON Zeno and Primo killed Andy
Threshold Issues
● Those that could slam the door to any
judicial consideration of the case on the
merits
● Court cannot decide a case falling outside
the scope of its authority, a case filed in
the wrong place, a case filed by the wrong
party, or a case filed after too many years
● Brought out by a motion to dismiss in a
civil action or a motion to quash in a
criminal action, filed before the issues on
the merit of the case are joined by the
filing of an answer in the first or a plea of
not guilty in the second
NOTE: Cases filed in the ph are filed under diff courts
● Metropolitan Trial Court → Regional Trial Court
→ Court of Appeals → Supreme Court
Roughing Up the Argument
Argument
● A reason you offer to prove your thesis or
proposition
Structure of Argument
a. A clear statement of your thesis or where
you stand on the issue to be resolved
b. Arguments that can be made against your
position but with explanation that those
arguments do not doom such position
c. Arguments in favor of your position
d. Appeal to the good sense of the person/s
who will resolve the issue
NOTE: Argument must have a balanced presentation.
How to guard against the mindless approach
that characterizes many legal writings
● Complete your pre-work
● Plan and rough out a balanced approach to
your arguments before writing them up
Classical Categorical Syllogism
● Major premise
○ Generally accepted truth
● Minor premise
○ a particular thing/individual within
the class/situation covered by the
generally accepted rule/truth
● Conclusion
○ Statement that follows after the
major and minor premises,
deducing that the generally
accepted rule/truth applies to the
particular thing/individual
Example
● Major premise: All men are mortal.
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 15
 ● Minor premise: Jose is a man.
● Conclusion: Jose is mortal.
Arguments that Build Up
● Favorable testimony comes from a
credible witness
● Party’s version is inherently credible and
consistent with common experience
● All the elements/requisites of a valid claim
or defense have been proved
Arguments that Destroy
● Argument raised is irrelevant
● Argument has little weight given the other
considerations in the case
● Argument is baseless
○ A claim made with no fact to
support it is baseless
● Argument is contrary to common
experience
○ As a rule, claims that go against
ordinary human experience are
bizarre and cannot be believed
● Argument is inconsistent with undeniable
facts
○ No assertion can defeat facts that
cannot lie
● Argument is inconsistent with a prior
claim
WHERE YOU STAND ON THE ISSUE
ARGUMENTS AGAINST ARGUMENTS IN YOUR
YOU FAVOR
APPEAL TO YOUR READER’S GOOD SENSE
Write-Up
CYA (Cover Your Ass/Bases)
● get concrete evidence; send an email to
confirm statements with the client
● always try to drive the meeting your way
● statements of your facts should always be
delivered yourself
Pointers
● Even if your own client supplied the facts
on which he seeks your opinion regarding
an issue arising from them, you still need
to restate those facts to him to insure that
he and you have a shared understanding
of the facts. In this way, you would have no
misunderstanding with him.
● Do not assume that the judge or reader
listened to/read everything. The attention
span of human beings is quite limited.
● It is possible that the judge had gotten the
facts wrong from past pleadings or during
the hearing. You may have to correct those
impressions by recalling the facts as they
were.
● Hearings in the Philippine system are
piecemeal. The judge hears the
testimonies of the various witnesses over
some period of time, from one to five years
in certain cases. Consequently, when some
facts make up the issue in the case or its
incident, you need to restate those facts to
the judge.
● Generally, no trials are held in the Supreme
Court and the Court of Appeals; only
important cases
● In the case of the justices of an appellate
court, you need to apprise them of the
facts of the case simply because they did
not hear the evidence and they rely on the
lawyer’s summaries of them.
The Build-up in Write Up
● flow of thoughts (chronological order of
the facts) to build up your facts to enable
your reader or the court to have a full grasp
of the issue or issues that you intend to
argue
● Only by fairly showing the conflicting
claims of the parties can the court or your
reader truly understand the issues that
divide them
● understand the arguments of the
opponent to address it or counter it
properly
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 16
 STATEMENT OF THE CASE
How much details
● The test of sufficiency of the statement of
STATEMENT OF FACTS facts of your pleading is its ability to
enable the judge/reader to understand,
PLAINTIFF’S VERSION OF DEFENDANT’S VERSION
THE FACTS OF THE FACTS with minimum words, the issue/s that
you want him to resolve & the arguments
THE ISSUE OR ISSUES that you adduce on those issues.
BODY OF ARGUMENTS
Where to source
RELIEF ● Documents
● Witnesses
Introduction
● sufficiency of introduction Writing the Argument
● only as much background facts as are
needed for an understanding of the issue Building Blocks of an Argument (Conventional)
or issues that the parties present 1. Rule Statement
● Statement of a rule that applies to
Statement of the Case a given fact or set of facts
● clear and concise statement of the nature 2. Case Fact Statement
of the action ● Statement of the fact of a particular
● a summary of the proceedings so far had case that opens up such case or
● any challenged order or decision issued in closes it to the application of the
the case rule
● other matters necessary to an 3. Conclusion Statement
understanding of the controversy ● Conclusion that the rule applies or
● example: Peter Banag Case does not apply to the particular
○ Letter reply from Arthur Sison case
regarding his refusal to pay for
damages Persuasive Arguments
● Effectiveness of your argument depends
Statement of Facts on how ably you write up each statement
● narrates the transaction or event that of your argument into a convincing part
created the legal dispute and led to the ● Recourse to statute and case laws to
filing of the suit reinforce the validity of that view
● you do yourself and the court the favor of ● Rule → Case Fact → Conclusion
better understanding the issue and the ● Court: Case Fact → Thesis/Proposition →
arguments you present when you show the Conclusion → Reinforcement of Rule
conflicting claims of the parties Statement in Court’s argument →
Conclusion (different POV)
STATEMENT OF THE CASE STATEMENT OF FACTS
Convincing Fact Statement
- events that - chronological narration ● Parties to the dispute could agree that a
happened before the of events which led to the specific rule governs a case but they are
courts filing of the case
- summary of - provide a background of unable to agree whether the key fact to
proceedings before event involved to enable which it applies is similar to or different
the courts reader to see the issues from the fact of the case
in their proper context

Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 17
 ○ Statement of case fact needs
building up
○ Can cluster arguments for one
major point
● Rule → Case Fact 1 → Case Fact 2 →Case
Fact 3 → Conclusion
● Rule → Statement of opposing claim →
Conclusion
Correct Conclusion Statement
● When stating conclusion, simply draw an
inference that the fact of a particular case
opens it up or closes it to the application
of the rule that governs such case
● Conclusion → Rule → Case Fact
● Case Fact → Rule → Conclusion
Omitted Stateent
● At times, you could omit from your
argument one of its essential statements
if it is so evident that it goes without
saying
● Can also omit stating conclusion when it
is already obvious based on how you
clearly discussed rule & case fact
● Dangers
○ Can misread how the average
readers think
○ In case of doubt, it will be best to
completely deploy all the essential
statements of your argument
Prayer
● Clear and short; what is your end goal
Tigtening Your Work
● Editing is essential to excellent writing
● Legal garbage is prohibited
● Delete unnecessary words
○ There is no doubt but that the law
must be obeyed. → No doubt the
law must be obeyed.
Substitute names
● Better to use these names throughout your
discussions especially when the case
reaches a higher court and the parties
begin to assume cumbersome &
confusing descriptions like “the
plaintiff-appellant”, etc.
Abstract vs Concrete Writing
● Abstraction
○ Any word that applies to a large
class of things rather than to any
single, concrete object or idea
○ Too many abstract words make for
vagueness, even meaninglessness
● Concrete
○ Words that stand for real things
○ Things that appeal in one way or
another to the senses
NOTE: If you are writing an essay on an abstract
subject, pin it down quickly with specific examples
that illustrate exactly what you mean.
Reading Comprehension and
Vocabulary
Relationship between reading and writing
● Writing benefits student’s reading skills,
improves reading comprehension
● Improves reading fluency
● When you write, you are forced to
intuitively understand the choices authors
make as they create a work that moves a
reader
Reading Comprehension
Reading
● A critical, life-long skill that presents itself
in everyday tasks
● Critical for long-term learning
● An interactive process in which the reader
gives sense and meaning to the issues
he/she gets in touch with
● Jimenez, 2000: “the learners’ ability to
interpret or work out the meaning of a
written text & react towards it as a result”
○ Comprehension is involved in the
process
Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 18
 ● Nuttall, 1996: “the process of getting out of
the text as nearly as possible the message
the writer put into it”
○ Involves not only looking at
sentences and words and going
through them at random, but also
recognizing and understanding
them intellectually
Reading Strategies
comprehend then you stop and look up the
meaning of the word in the dictionary
Making Predictions
● Has to do with making assumptions
regarding what the text is about based on
the title, images, pictures, or charts and
then reading to confirm expectations
● Will ensure learners’ active involvement
and make reading easier to practice

Skimming Stages of Reading

● Deals with getting main ideas of the text
without reading every single word Pre-Reading Stage
● Also referred to as gist reading ● Introduced to the topic for reading
● Gives you a basic idea of what the text is ● Aims to increase reader’s interest and
all about motivation
● Generally followed for reading newspaper 1. Motivation
or magazine ● Strongest sigle factor predicting
● Saves a lot of time for the reader the amount of reading done by
● Not very helpful for comprehension students
● Applicable in following instances 2. Background Knowledge
○ Looking at the table of contents 3. Preparation of Tools
○ Reviewing the subheadings in each ● Note-taking
chapter ○ Systematically prepared
notes which capture the
Scanning entirety of the reading
● Quickly scan through sentences and try to
get a simple piece of information Reading Stage
● For comprehension, more conducive than ● Focuses on text structure, and
skimming organization of reading passage, text
● Involves the technique of rejecting or content, & general information of the text
ignoring irrelevant information to locate a ● Looking up unfamiliar words/concepts,
specific piece of information recording definitions or relevant
information found
Intensive and Deep Reading ● The use of dictionaries or other sources of
● Best technique if you are trying to list the knowledge may be resorted to
chronology of events in a long passage
● Deduce the meaning of the word in context Passive Reading
● Helps in the retention of information ● Reading too quickly or too slowly to
understand and retain information
Extensive Reading ● Forgetting the material immediately after
● Involves decoding or assimilation of reading
content ● Falling asleep while reading
● While reading, whenever you feel that the ● Trying to multi-task while reading
content is becoming difficult to ● Overuse of highlighting on a text

Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 19
Active Reading
● Process of deliberately engaging with the
ideas & information in a text and often
transforming that informatio into notes or
other artifacts that record one’s
understanding of and response of the text
● Chunking
○ Breaking the text into sections and
identifying the main idea of each
● Underlining/highlighting key information
● Note-taking
● Visualizing concepts or ideas in the text
● Drawing pictures/diagrams to show how
ideas connect within or between texts
● Reflecting on the relevance of the reading
for course context and making
connections between ideas
● Carefully examining figures, tables, and
other visuals within a text and aking
connections between them

Post-Reading Stage
● Test comprehension of the reading
● Quizzes, exams, recitations
● Client meetings

Levels of Reading Comprehension

Literal Level
● Foundation of comprehension
● Focuses on essential information
● Involves the plain reading of the text
and/or the story

Inferential Level
● Understanding what the text says
● Combination of pieces of information to be
able to make inferences about the intent
and message of the author

Critical Level
● Analyzing or synthesizing information and
applying it to other information
● Asking situational/hypothetical questions
are aimed at improving reading
comprehension

Collated by: Angel Mendoza; Sources: Atty. Perez’s PPTs, Fundamentals of Legal Writing by Abad | 20