Professional Documents
Culture Documents
INSTRUCTIONAL MATERIALS
FOR
OALT 40033
Legal Transcription
COMPILED BY:
Today, the legal transcription industry is growing rapidly. Services can include
transcription of depositions, testimonies, official court hearings, interrogations, client letters,
legal briefs, and general legal correspondence. This is all done from audio recordings– including
physical tapes, digital files, and video– and will result in a perfectly formatted document in
return.
This can be a game changer for lawyers, especially since they have such a large scope
of information to review the document that occurs at different points of time.
Lawyers and everyone who works alongside them typically have a lot on their plates, no
matter what industry and specialty they’re working in. Many end up working long hours while
they go over essential documents, interviews, and even court recordings.
Finding ways to streamline that process is essential, especially if you want to scale and
potentially take on more clients.
Transcription can help with this, letting you hand over audio files of interviews, court
recordings, and getting an easy-to-read and fast-to-scan text document back in return.
COURSE MATERIAL/EQUIPMENT:
The students need to have their own Computer and comfortable workspace, Steno
Notebook for dictation and computer or typewriter for report production.
Upon completion, students will have an understanding and appreciation for what legal
transcriptionist is and is not and the skills needed to master the art of transcription.
Transcription refers to the process by which speech or audio is converted into written
form. An example, for instance, could be that of how a recording of a research interview could
then be transcribed into a typed-out word document. Alternatively, a legal transcription may
entail the conversion and written documentation of an audio-recorded segment of legal
proceedings.
The different types and formats of transcription will be covered in the section below, yet
in a nutshell, transcription is an important and effective process used by many businesses and
organizations in order to convert audio or video files into written text form. In addition, various
projects and clients will no doubt have various needs, as for some, it is more important to
analyze what was said in a recording, and for others, how something was said.
B. Types of Transcription
Clean verbatim transcription is useful for such media as interviews and speaking events.
In addition, this transcription type captures and records the words as they are spoken, yet any
filler words are eliminated from the text. Furthermore, the transcription will record everything that
is said in an audio recording but any filler words or instances where a speaker is searching for
words, can be omitted.
E.g. if a speaker repeats “and, and, and…” such words can be omitted.
With legal transcription, the transcription is either clean verbatim or full verbatim
according to desired requirements. Commonly, with such transcriptions, the speakers’ last
names become apparent and they are often included in the transcription. Alternatively, speakers
are often simply identified by such tags as ‘Speaker 1,’ ‘Speaker 2’ etc.
Finally, with the format of edited / standard language transcription, this type of
transcription differs from clean verbatim transcription in that the word forms are corrected where
necessary, to correspond with standard language. Filler words, however, are still left out.
In general, with edited transcription, more periods are used to structure the text and dialect
words and word order is left unaltered. Verb inflections are also corrected, where necessary to
comply with correct grammar and pronunciation rules.
affidavid → affidavit
expecially → especially
In terms of the benefits of transcription, transcripts can help to make your online content
better accessible to more people. If your business or website decides to use transcripts
alongside your public media or video content on your website, for example, you will be catering
to a wider, more inclusive audience.
Transcripts of your videos, for example, can mean that your content can be better
enjoyed by people with learning disabilities, autism or attention deficit disorders. Also, those
who are hard of hearing, may wish to read the transcripts of your media content, to gain a
faster, more accessible understanding.
Let us not forget also, that transcription allows companies and organizations to
accurately and professionally record, analyze and store important information, such as meetings
and speeches in alternative, more accessible storage formats, such as word and text
documents.
Most transcription work likely does not pose many legal issues, (e.g. a transcription of a
small business meeting or transcripts of a simple, marketing promotional video). However, for
some organizations, it is certainly important to be aware of organizational legal responsibilities.
In certain cases, if video content is required for the public sector (for example, in Finland)
adherence to ‘accessibility’ requirements should be followed. In America, for instance, there are
such regulations as The Americans with Disabilities Act (ADA) and the Rehabilitation Act which
focus on anti-discrimination for individuals with disabilities. Certain organizations will need to be
aware of such legislation as it may affect their organization’s usage of video closed captions and
transcripts, however, rules and legislation may differ according to your area of business and
particular global location. Notably, even the online media behemoths CNN and Netflix have
Well, now that we have had a brief overview of transcription as a process, the question
now remains – how should one go about producing such a transcription?
When it comes to transcription, an individual or organization only really has two options.
Do it in-house or hire some outside help. In terms of doing the transcription yourself,
transcribing is not terribly difficult, but it can be time-consuming.
one of the main functions of a legal transcriptionist is to transfer audio recordings into
written documents. Transcriptions are made from court proceedings, dictated notes, recorded
depositions, and many other sources of legal record.
A data transcriber in the legal field is known as a legal transcriptionist. While a medical
transcriber works with medical records, a legal transcriptionist works with legal records. She
listens to and transcribes recorded depositions, court hearings, interrogations and witness
interviews, converting them into computer data.
Legal transcriptionists provide a service that enables the legal system to function more
smoothly and efficiently. For those with their eyes set on this career path, developing
competitive qualifications is important. This can include work experience as well as education
that leads to a degree, certification or career diploma.
Working as a legal transcriptionist is a respectable and stable career choice in its own
right. Many also pursue this line of work to gain experience in the legal system and eventually
work as legal assistants, paralegals, and lawyers. Whatever the case, making an initial
investment in legal transcriptionist training can lay the foundation for a long and successful
career.
In fact, these two current US Supreme Court Justices started their legal careers on the
ground floor by investing in education.
Chief Justice Sonya Sotomayor – Although she knew that she wanted to go into the field
of law since watching Perry Mason as a ten-year-old, Sotomayor started out as a teenager
working in retail and at a hospital. Realizing that earning an education was her best chance at
achieving her goal, she decided to study hard and apply to college after graduating from high
school. Once in college she found her path to working in the legal profession, and after entering
law school landed her first summer job in the field with a New York law firm.
Whether you are aiming to eventually achieve a top legal position, or looking to begin a
respectable and stable long-term career as a legal transcriptionist, your journey starts with a
relevant education in the field of law.
As the name suggests, one of the main functions of a legal transcriptionist is to transfer
audio recordings into written documents. Transcriptions are made from court proceedings,
dictated notes, recorded depositions, and many other sources of legal record. Legal
transcriptionists can use standard computers and computer programs to type out transcribed
documents, and some may also use specialized transcription machines. Legal transcriptionists
are a separate class of professional from court reporters and stenographers.
Transcriptionist Job Duties. These professionals create written records of audio and
video recordings, meetings and live conversations. Their finished products must demonstrate
clear formatting and easy-to-read content which businesses often use for quick distribution of
information.
Legal transcriptionists may also perform a range of many other important functions that
overlap with other types of legal assistant professions, including:
Preparing legal documents through revision and proofreading
Drafting legal documents such as pleadings and discovery
Revising previously created transcriptions as needed
Preparing legal documents and paperwork for filing
Take the June 2016 job advertisement for a legal transcriptionist placed by Montana’s state
court in Bozeman as an example. Duties include:
Operating state-of-the-art recording equipment to make an official court record
Attending court proceedings
Producing transcripts as requested by court parties
Applying an understanding of court procedures
Applying experience in clerical work
A good letter of support is easily made, especially if you’ve been around long enough
that you’ve written a lot of letters asking for approval of a grant or some form of financial aid. But
when you’re new to the whole concept and it would be your first time to actually write a letter,
you would benefit a lot from reading the following factors. Then you can start making great
templates which would encourage your recipients to actually approve your request or be
generous in giving financial aid.
Keep all these in mind and soon enough you’ll be making effective letters which readers
would be reading all the way to the end. Now that you are well equipped with enough
knowledge about letters of support, let’s take a look at some helpful hints in sending out your
letters.
[DATE]
For far too long, many state governments have allowed remote retailers to skirt their obligation
to collect and remit sales taxes to the state. This has placed Main Street retailers at an unfair
and significant competitive disadvantage. It is time to give state governments the ability to
ensure that their existing taxes are equitably and efficiently enforced.
Importantly, the Marketplace Fairness Act does not institute a new tax, since consumers owe a
use tax on Internet purchases. The bill simply stipulates who collects and remits the sales tax,
and allows the state to take the onus off the consumer to remit the use tax at the end the year at
risk of an audit.
Furthermore, it does not force the state to pass a law requiring remote retailers to collect and
remit, it simply places this decision in the state’s hands, where it belongs. The bill would just
stipulate that the state make some simplifications to the sales tax process if it chose to pass
legislation requiring remote retailers to collect.
Senator [LAST NAME], we are at a tipping point, and as the owner of a Main Street business
that creates jobs, supports local institutions, and contributes to the support of important services
and infrastructure through taxes, I am very grateful that you support leveling the playing field for
all retailers. Sales tax fairness is no longer a question of if, it’s a question of when. In late
March, the New York State of Appeals struck down a challenge brought by Amazon.com and
Overstock.com that the state’s sales tax fairness law was unconstitutional. It was the third time
a New York court has dismissed their challenge. In light of this, it’s clear that, if the U.S.
Congress does not pass a federal solution, states will feel confident that they can take the
matter into their own hands without fear of a court challenge.
The time has come to level the playing field. And while I support a state solution to this issue, I
do believe the best solution is a federal solution.
Sincerely,
Students master the art of proper spelling, punctuation, and capitalization rules for legal
transcription.
A. Parts of Speech
Read about each part of speech below and get started practicing identifying each.
Nouns are a person, place, thing, or idea. They can take on a myriad of roles in a
sentence, from the subject of it all to the object of an action. They are capitalized when they're
the official name of something or someone, called proper nouns in these cases.
Examples: pirate, Caribbean, ship, freedom, Captain Jack Sparrow.
Pronouns stand in for nouns in a sentence. They are more generic versions of nouns
that refer only to people. Examples: I, you, he, she, it, ours, them, who, which, anybody,
ourselves.
Verbs are action words that tell what happens in a sentence. They can also show a
sentence subject's state of being (is, was). Verbs change form based on tense (present, past)
and count distinction (singular or plural). Examples: sing, dance, believes, seemed, finish, eat,
drink, be, became
Adjectives describe nouns and pronouns. They specify which one, how much, what kind,
and more. Adjectives allow readers and listeners to use their senses to imagine something more
clearly. Examples: hot, lazy, funny, unique, bright, beautiful, poor, smooth.
Prepositions show spacial, temporal, and role relations between a noun or pronoun and
the other words in a sentence. They come at the start of a prepositional phrase, which contains
a preposition and its object. Examples: up, over, against, by, for, into, close to, out of, apart
from.
Conjunctions join words, phrases, and clauses in a sentence. There are coordinating,
subordinating, and correlative conjunctions. Examples: and, but, or, so, yet, with.
Articles and determiners function like adjectives by modifying nouns, but they are
different than adjectives in that they are necessary for a sentence to have proper syntax.
Articles and determiners specify and identify nouns, and there are indefinite and definite articles.
Examples: articles: a, an, the; determiners: these, that, those, enough, much, few, which, what.
Some traditional grammars have treated articles as a distinct part of speech. Modern grammars,
however, more often include articles in the category of determiners, which identify or quantify a
noun. Even though they modify nouns like adjectives, articles are different in that they are
essential to the proper syntax of a sentence, just as determiners are necessary to convey the
meaning of a sentence, while adjectives are optional.
Interjections are expressions that can stand on their own or be contained within
sentences. These words and phrases often carry strong emotions and convey reactions.
Examples: ah, whoops, ouch, yabba dabba do!
For example, in the first sentence below, work functions as a noun; in the second
sentence, a verb; and in the third sentence, an adjective:
Sentence Fragments
A sentence fragment is a string of words that does not form a complete sentence; there
is a necessary component of a complete sentence missing. This missing component may be a
Example of a fragment: The doctors, who were using peer-reviewed research articles
that contributed to the body of knowledge in their fields, which was obstetrics.
Notice here that although the sentence is quite long, it still contains no action (What are
the doctors doing?). Once identified, the sentence can be corrected easily.
Revision: The doctors, who were using peer-reviewed research articles that contributed
to the body of knowledge in their field, improved their knowledge of obstetrics.
Run-On Sentences
A run-on sentence occurs when two or more independent clauses (also known as
complete sentences) are connected improperly.
Example: I love to write papers I would write one every day if I had the time.
There are two complete sentences in the above example:
One common type of run-on sentence is a comma splice. A comma splice occurs when
two independent clauses are joined with just a comma.
Example of a comma splice: Participants could leave the study at any time, they
needed to indicate their preference.
Some comma splices occur when a writer attempts to use a transitional expression in
the middle of a sentence.
To fix this type of comma splice, use a semicolon before the transitional expression and
add a comma after it. See more examples of this on the semicolon page.
Revision: The results of the study were inconclusive; therefore, more research needs
to be done on the topic.
Examples:
Although she is hungry …
Whoever is hungry …
Because I am feeling well …
Dependent Independent
Although she is hungry, she will give him some of her food.
Whatever they decide, I will agree to.
Examples:
Best friend (this phrase acts as a noun)
Needing help (this phrase acts as an adjective; see Adjectives and Adverbs)
With the blue shirt (this prepositional phrase acts as an adjective; see Prepositions)
For twenty days (this prepositional phrase acts as an adverb)
Definition of Clause
Noun
1. A distinct provision, article, section, or paragraph in a written legal document.
Origin: 1175-1225 Middle English claus
What is a Clause
In a grammatical sense, a clause is a group of words that includes a subject and a verb,
or it may refer to just a part of a sentence. For instance, the phrase “If Jerry gets that new job” is
a clause, but not a sentence. In a legal context, a clause is a part of a written legal document.
By breaking down such documents by section or paragraph, it becomes easier to refer to
Maria’s mother hires seamstress Louise to make a special dress for Maria to wear at her
dance recital next month. The dress is to be made of satin and taffeta in Maria’s favorite color –
purple, and her mother specifically tells Louise she will need the dress at least four days before
her recital, which will be on the 15th of the month. Louise writes up the work order, making a
notation to have the completed dress to Maria by the 11th.
Maria’s mother is getting nervous when she hasn’t heard anything more by the 9th, and
begins calling Louise, who asks to have Maria come in for a “final fitting” on the 10th. At the
fitting, it is clear that almost nothing has been done, as the fabric is only pinned together, and
Maria is disappointed when her mother has to buy her a dress at a department store.
Civil Lawsuit – A lawsuit brought about in court when one person claims to have
suffered a loss due to the actions of another person.
Damages – A monetary award in compensation for a financial loss, loss of or damage to
personal or real property, or an injury.
Due Process – The fundamental, constitutional right to fair legal proceedings in which
all parties will be given notice of the proceedings, and have an opportunity to be heard.
Injunctive Relief – A court-ordered act or prohibition against an act or condition.
Jurisdiction – The legal authority to hear legal cases and make judgments; the
geographical region of authority to enforce justice.
Probable Cause – Facts and circumstances leading to the belief that an accused
person has committed a crime. Probable cause does not arise from a suspicion or a
“hunch,” but from observable facts and circumstances.
Capitalization
•Capitalize the First Word of a Sentence
•For titles of books, magazines, journals, plays capitalize first and last words and all the
words except for the articles, prepositions, conjunctions with less than 5 letters.(a, the,
for...)
•Proper nouns, including the names of racial and ethnic groups; countries, nationalities,
their languages, religious, etc. are capitalized.
Proper Adjectives
•Capitalize the names of specific places, regions, parks, mountains, streets...
•Names of the weeks, months, holidays
•Governmental assemblies, departments and bureaus
•Titles of rank when they precede a specific name
•Titles and abbreviations of titles that follow a name when addressing the person
•Names referring to God by any religions and the names of sacred literature
•Historical events, periods, documents
•The Pronouns "I"
•Proper nouns, brand names (shampoo, automobiles, ships, people, monuments,
mountains...)
•Capitalize all words in titles of distinction
•Capitalize abbreviations of capitalized words
•Directions north, south, east, west... are capitalized IF they are used as a noun referring
to a particular area of a country
•Do not capitalize father, mother, uncle, aunt... unless they are used as proper names
Punctuation Rules
Apostrophe (')
2.Possession:
Daniel's money / Nora's son
The car's color / Bicycle's tire
3. Plurals of "non-words":
I only get A's and B's.
Number 7's are the best.
Period '.'
1. A complete sentence that makes a statement ends with a period. A sentence is a
group of words containing a subject and predicate. In British English a period is called a
'full stop'.
It's your birthday.
You blow out the candle.
He went to Detroit last week.
2. Most abbreviations end with a period.
Dr. Smith lives on Creek Rd. near St. Mary's Hospital.
Comma ','
1. A comma separates things in series. (list of items)
I ate pizza, a burger, and ice cream.
I like reading, listening to music, taking long walks, and visiting my friends.
This is one of the most common uses of a comma. Notice that a comma is included
before the conjunction 'and' which comes before the final element of a list.
2. A comma separates an interruption from the rest of the sentence.
Mr. Walker, our teacher, is very clever.
3. A comma separates two independent clauses that are connected by a conjunction
such as 'but'.
They wanted to purchase a new car, but their financial situation would not allow it.
I would really enjoy seeing a film this evening, and I'd like to go out for a drink.
4. Separate phrases (clauses)
In order to qualify for your certificate, you will need to take the TOEFL exam.
Although he wanted to come, he wasn't able to attend the course.
5. Introduce a direct quote (as opposed to indirect speech i.e. He said he wanted to
come...).
The boy said, "My father is often away during the week on business trips."
His doctor replied, "If you don't stop smoking, you run the risk of a heart attack."
Colon ':'
1. A colon shows the reader that a list or explanation follows.
I will need the following items: scissors, paper, glue, and paint.
He had many reasons for joining the club: to get in shape, to make new friends, to lose
some weight, and to get out of the house.
2. To introduce a direct quote (a comma can also be used in this situation)
He announced to his friends: "I'm getting married!"
She cried out: "I never want to see you again!"
Semicolon ';'
The semicolon signals a pause longer than a comma but briefer than a period.
There are two uses for a semicolon:
1. To separate two independent clauses. One or both of the clauses are short and the
ideas expressed are usually very similar.
He loves studying; he can't get enough of school.
What an incredible situation; it must make you nervous.
2. To separate groups of words that are themselves separated by commas.
I took a holiday and played golf, which I love; read a lot, which I needed to do; and slept
late; which I hadn't done for quite a while.
They plan to study German, for their travels; chemistry, for their work; and literature, for
their own enjoyment.
Warning: Do not use a capital letter after a semicolon, unless it is followed by a proper noun.
1. Accuracy. Only type the words that are spoken in the audio file. Phrases or words you
don't understand should not be omitted. Instead, they should be tagged appropriately
according to the company's guidelines.
2. US English. Use proper US English capitalization, punctuation and spelling. Do not
write phonetics or net speak such as “u” for “you'.
3. Do Not Paraphrase. Do not correct the speaker's grammar nor rearrange words. Also,
do not cut words that you think are off-topic or irrelevant. Any words not spoken should
not be included. Type the actual words spoken.
4. Do Not Add Additional Information. Do not add additional information such as page
numbers, job numbers, titles or your comments in your submission. Such information
can be added in separate fields below the transcript.
5. “Clean Up” Non-Verbatim Jobs. Lightly edit non-verbatim work to remove false starts,
filler, and stutters. Check the company's guidelines on what should be removed.
6. Verbatim Work Should Be Truly Verbatim. When transcribing verbatim work, include
every utterance and sound exactly as you hear. Unless directed in the work's “Notes”
section, all filler words should be included. Also, transcribe stutters as accurately as
possible.
H. Transcript Formatting
In most cases, the file you will be transcribing will be part of a larger audio file.
Transcription companies require transcribers to deliver consistent results from one file to the
next. This is why they have format transcripts. Note: Check the format transcript rules of the
transcription company you wish to work with. Here is a rundown of the general transcription
format guidelines.
Example
Interviewer: Hello, and welcome. I'm Jack. And you are? Woman 1: I'm Rachel Woman 2: I'm
Samantha Let's wind up this guideline with both basic and verbatim interview transcription
examples.
Original Audio
Jack: It was quite, it was quite challenging to ride a horse for the first time. Transcribed Audio
Jack: It was quite challenging to ride a horse for the first time.
Here is an example:
Transcribed Audio
[dog barks] Paul: If only I had come earlier, I wouldn't have missed a spot. Annie: Oh, that's
really sad [dog barks] Transcription companies may have specific guidelines to be followed. Go
through the guidelines, even if you have experience transcribing before, as there may be
different rules to follow. The guidelines are usually comprehensive. You can create a cheat
sheet to refer to when transcribing the company's work.
Lesson 2 Activity Grammar Check
Students master the transcription of most documents produced by attorneys and other
legal professionals.
***1
Dear Atty. Jose
The need for a legal secretary in your company has come to my attention. / Mr.
Basco, our Personnel Manager, has suggested that I write you about the position, as he / knows
of my interest in legal work. At the present time I am secretary to the plant manager of /1 the
Marlow Products Company, a position that I have held for two years.
I like my work her-- and the people /-- but I have always wished to work in a law
office. My father was a lawyer, and an older brother / practices law in Manila. Legal
terminology and legal proceedings are not difficulty for me, / 2as I worked in my father’s law
office several summers between school terms.
***2
Dear Miss Martinez
You may know that Atty. Jo A. Basco and I have adjoining offices and share a reception
room and the services of a secretary. Our present secretary is leaving our employ next month,
as her husband has been transferred to Quezon City. Both Mr. Basco and I are very much
interested in talking with you about the position.
Unfortunately, Atty. Castro is to be out of town on business for several days. I will call
you immediately on his return and schedule an appointment that will permit you to talk with both
of us on the same visit to the office.
In the meantime, you may send me the personal data sheet that you have prepared. I
will study it carefully and pass it on to Atty. Castro. Yours very truly,
@@@@@@
***3
Dear Miss Dela Cruz:
Atty. Tracey has written us that he will be detained for several days more on his out-of-
town business. The information on your personal data sheet and the general tone of the
references written in your behalf have favorably impressed me, and I am sure that Atty. Tracey
will like-wise be pleased with them.
Pending the time that we shall be able to arrange for an interview, you may care to
review some of the qualities that we consider most significant to success as a law-office
secretary. Fluent and accurate dispatch of clerical and stenographic routines is expected as a
matter of daily procedure. Proper telephone techniques and reception-room manner are also
elementary requirements. The secretary must be properly groomed and must have natural
energy and good humor. Unquestionable workmanship and dispatch for all written-material
assignments that come to the secretary’s desk are very important.
We consider the checking and proofreading of each item with absolute certainty that it is
right to be definite requirement. Loyalty to the employer and to the firm is a principle that must
be observed at all times. Truly yours
@@@@@@
***4
Dear Miss Dela Cruz
Both Atty. Basco and I were well pleased with the manner in which your personality and
attitude were reflected on the occasion of your visit to our office. We have decided to offer you
the position as our legal secretary.
Mrs. Castro, our present secretary, whom you met last week, will work with you on your
first week, staring the first day of next month. We consider it important that you learn from her
our method of maintain the files and the office accounts.
May we have your prompt acceptance of the position. Yours truly
***5
Dear Atty. Basco
***6
Dear Mrs Cruz
The position of secretary-receptionist for my law office and that of Atty. Jose was
accepted last Thursday by Miss Nancy Martinez, of this city, who was formerly with the local
office of the Enrile and Associate Law Office. I am sure that Miss Martinez will give satisfactory
service and that we shall not need the services of an additional secretary soon. Mr. Martin, of
the State Employment Service, has been informed this morning that the vacancy no longer
exists.
Mr. Jose joins me in extending to you and your husband a cordial welcome to our city.
We hope that you will find the kind of employment you are seeking.
We suggest that you communicate with Miss Cruz, a secretary in the law firm of Castro,
David and Cruz, in the Torres Building. Miss Cruz is president of the local chapter of Legal
Secretaries, Inc. Many local law firms look to her for office help. Your truly
@@@@@@
***7
Dear Miss Cruz
Atty. Jose A Basco, of the law offices of Jose and Basco, to whom I recently made
application for a position as secretary-receptionist, has suggested that I write you, for he feels
that you, as president of the legal secretaries’ local organization, may be able to help me find a
suitable position with a local law firm.
Before my marriage, I had three years of law-office experience in Ayala, Makati City; and
when my husband was recently transferred to this city, I had completed two years with a law
firm in Quezon City. Fortunately, I am able to offer strong references from my former positions.
When I am able to get a local position, I should like the opportunity of considering a
membership in your society. Sincerely yours
@@@@@@
***8
Dear Miss Lopez
Your letter affords me the happy opportunity to extend to you and your husband, on
behalf of the local chapter of Legal Secretaries, Inc., a warm welcome to our city. Our chapter
of Legal Secretaries, Inc. is very active in educational and other professional objectives and also
has a few formal social occasions. The society is recognized and held in high esteem by the
local bar association, and many of the attorneys ask us for help in obtaining secretarial help.
Mr. Carlos Cruz, a member of the law firm of Cruz, Lopez, and Martin, with offices in the
Terminal Building, called me last evening for assistance in obtaining a part-time secretary for his
firm. If you are interested in part-time employment, you might apply to Mr. Cruz. If you can join
me at lunch tomorrow or Friday, we could discuss our society and I might be able to suggest
other employment opportunities. Yours sincerely
@@@@@@
***10
Dear Atty. Castro
As a courtesy to Atty. Basco and for your own assistance as a new attorney in the area, I
shall make a strong effort to help you locate a secretary such as you have indicated that you
need.
A monthly meeting of the society will be held tomorrow evening, and I shall make a
special effort to make your need known to the group and to gather any information that might be
helpful to you in obtaining proper secretarial servicee.
On behalf of the Legal Secretaries, Inc., and on the request of the attorneys of our own
law firm, I wish to extend to you a warm welcome to our community. Cordially yours
@@@@@@
***11
Messrs. Dazo, Basco & Santos
Attorneys at Law
225 Ayala Avenuew
Makati, City
Gentlemen:
Re: Jose vs Basco
A carbon copy of a Request to Dismiss without Prejudice in the above-entitled action is
enclosed. As your firm has already accepted my proposal that this action be dismissed without
any prejudice against the defendant, my letter of submittal to the Clerk of Court of Makati City,
presented the original copy and informed him that, as plaintiff counsel, you had expressed to me
a willingness to accept a dismissal in this action.
There is also enclosed an original Complaint and Summons in the action to be brought
on behalf of Jose A Martin and wife, Raquel, against the Philippine Transportation Company in
which our firms is joining with yours in bringing the action.
As the action is to brought in Makati, I have prepared and forwarded these papers for
filing with the Clerk of Court in the city. Mr. Jose, or our firm, will bring the carbon copies of the
papers, together with the materials for the trial brief, to your office the latter part of next week.
***12
Dear Sir
Re: Castillo vs Castillo, No. 96607
Please fine the enclosed Answer, Waiver, Consent to Immediate Trial, etc., in the above-
entitled action. Please stamp and return the copy to our office in the enclosed self-addressed,
stamped envelope.
We enclosed our check in the sum of Php1,000 to cover cost of filing.
Yours sincerely
@@@@@@
***13
Industrial Accident Commission
1 South Capital Avenue
Makati, City
Gentlemen:
Re: Jose versus Highway Patrol, No. 11111
We are filing herewith the Petition of the applicant, Carlos Jose for a rehearing of the
Order amending finding and awarding for permanent disability and have this day mailed a copy
to the defendant’s attorney, Mr. Ramon L. Santos.
Mr. Jose is now living in Makati City. May I, therefore, request that the hearing on the
rehearing be set far enough ahead so that he will have an opportunity to be present at the
hearing
***14
Atty. Pablo Lopez
Atty. At Law
2400 Rizal Avenue
Manila
Sincerely yours,
@@@@@@
***15
Dear Atty. Dela Cruz
Several notices have been sent to you about the above-noted account. Inasmuch as
you have ignored our attempts to cooperate with you in the matter of arranging convenient
terms for the settlement of this account and have failed to answer our letter, it is now necessary
for us to take court action against you.
Unless we hear from you within a week, we shall be forced to conclude that you have no
intention of paying the bill. We shall then feel impelled to file a complaint against you and take
an attachment against your wages, car or personal property for the amount due plus couort
costs and interests.
When legal steps are taken, the cost of settlement of a bill may be increased and a
deem may be subjected to embarrassment at his place of employment. Such measures
seriously affect one’s credit standing everywhere.
We dislike very much to take legal means of collection and do so only as a last resort but
only your immediate cooperation will forestall legal action now. Very truly yours
@@@@@@
SAMPLE
CONSULTATION AGREEMENT
This Consultation Agreement sets forth the terms and conditions of the consultation meeting
between Attorney ___________________, “Attorney” and the undersigned prospective client(s)
(“you”):
1. Purpose. The purpose of the consultation is for Attorney to (a) learn about you and your
particular legal needs based on the information you provide; (b) answer your questions; (c)
identify your options and to the extent possible, analyze the costs and benefits of those
alternatives; (d) help you determine your course of action, if any; (e) discuss Attorneys fees and
terms of representation if an attorney-client relationship is to be established after the meeting;
and (f) determine the next steps in the process, as appropriate.
2. Confidentiality. All information and documents that you provide to Attorney at the
consultation shall remain strictly confidential, whether or not you decide to retain Attorney to
provide legal services, except as authorized by you or otherwise provided under the applicable
Ohio Rules of Professional Conduct.
3. Reliance Limited. Because it may be impossible to fully assess a matter within the time
frame allotted for the consultation or with the information or documents that you provide at the
consultation, any legal opinion we provide at the consultation will be based solely on the
information you provide to Attorney at the consultation.
5. Retainer Agreement Required. Following the consultation, if you agree to retain Attorney,
and if we agree to provide services to you, then we will prepare a separate, more detailed
Retainer Agreement to be executed by both parties. The new Retainer Agreement will
supersede this Consultation Agreement and will set forth the terms and conditions of our
representation of you, including our fees and the specific services to be performed by Attorney.
6. Cost of Consultation. The consultation during the initial consultation period is provided to
you at the agreed on fee of Php._____. Payment of these charges must be made prior to the
consultation meeting. Once a consultation has commenced, a refund cannot be made available
as the legal services have, or are, already provided and the time has been made available to
you. If you choose to retain Attorney, the above payment will be deducted from your retainer
fee.
By signing below, I agree to the terms and the conditions set forth above concerning my
consultation meeting, and I understand that this meeting is limited in scope and will not
establish an attorney-client relationship with Attorney and you.
D. Property Deeds
What is property deed?
A property deed is a formal, legal document that transfers one person or entity’s rights of
ownership to another individual or entity. The deed is the official “proof of transfer” for real
estate, which can include land on its own or land that has a house or other building on it. Every
deed should contain the following information:
An indication that it is a deed
A description of the property involved
The signature of the individual or entity that is transferring the property
Data regarding who is taking title to the property
GRANTOR AND GRANTEE
The person transferring ownership is often referred to as the “grantor.”
The person receiving property is the “grantee.”
Activity:
Prepare and format property deed (grantor and grantee)
Prepare and format property deed (vendor and vendee)
Students gain knowledge of the different types of law and how a case moves through the
legal process.
Because the view is taken that everybody is threatened by the crime, criminal law is
dealt with by the public services and not by private layers or investigators.
Crimes against the human cover cases of causing physical or moral harm to another
person. These involve assault, forcible retention, kidnapping, murder, and rape.
Property crimes, first of all, are directed against some ownership. Among the most
frequent specialists call theft, robbery, arson, embezzlement of money, forgery, and
purchase of stolen goods.
Inchoate crimes mean unlawful actions, not brought to the end. This category provides
for the implementation of a concrete operation, not just the presence of a motive. Among
them are an attempt to commit a felony, extortion, and conspiracy.
The mentioned list is incomplete, as lawyers identify other criteria for their
categorization. In addition, a separate state can make changes acceptable to the county. But
their priority purpose is to learn to appreciate human life and be responsible for the evil
committed.
Civil Law
Civil law has many different areas enclosed in it. Examples that come under this law are
legal rights, such as a right to an education or to a trade union membership and divorce
problems, such as how the furniture is split between the couple and who receives custody of the
children. The best way to describe it is that it looks at actions that are not crimes.
In civil law it is up to the individuals to sort out their own problems by going to court themselves,
or with a lawyer. Where in criminal law the state makes sure that justice is done weather the
defendant wants to go to court or not.
Classification of civil law stems from its functions, namely, the most efficient resolution of
contradictions and obtaining worthy compensation for physical or moral damage. Lawyers
distinguish the following main types:
Contract law refers to the conclusion of agreements between two or more participants.
At the same time, each of them is obliged to observe the obligations assumed. If any
clause of the treaty is violated, a civil aspect is to be drawn up.
Tort law is a category that considers cases of personal injury and other civil offenses.
The first one includes physical mayhems or material loss. Among the reasons experts
name negligence, willful action and strict responsibility, related to the need to provide
absolute security to outsiders.
Property law takes care of matters related to real estate or personal assets. As the latter,
it can be considered tangible things, such as jewelry, and intangible, for example,
copyrights or securities.
Family law deals with issues of marriage or divorce, custody of children, adoption
problems and other nuances of relations. The court takes an active part in the
distribution of finances after dissolution of marriage union and establishment of
guardianship over kids. In recent years, new branches of functioning have appeared,
such as same-sex marriages, surrogate motherhood, and artificial insemination.
Common law is based on felling about right and wrong, which we all have. It is common
law that tells us that people are more important than things. So a crime committed against a
person is looked upon far worse that a crime committed against property.
Precedent means ‘what has gone before’. So if a judge is trying a murder case, he or
she will try to look up similar cases that have gone before, to see how they were dealt with and
what sentence was given. It is very important when carrying out common law.
Statute law
A statute law is a law that is made by the government. In England all laws are mainly
made by parliament. These laws are written down from start to finish, and therefore different to
https://graduateway.com/four-different-types-law-criminal-civil-common-statuate-187/
see typing samples in this site.
File a complaint
The venue for filing a complaint depends on the nature of the case. Cases involving real
estate disputes (real actions) are filed in a proper court where the disputed property is located.
Cases involving persons (personal actions) are filed in courts where either the complainant or
the defendant resides.
If the defendant lives outside the Philippines and the case is a personal dispute, you
may file the complaint in a court within your area of residence. If the case is a property dispute,
the suit may be filed in a court where the property is located.
In filing the complaint, you also need to pay schedule-based filing fees.
The case is then raffled to a judge.
Ensure summons are served
After the complaint is filed, the corresponding summons will be served upon the
defendant.
Go through pre-trial
A pre-trial that brings all parties together for a possible peaceful settlement is required by
law. The presence of both the defendant and the plaintiff is mandatory, unless their absence is
legally excused.
If the defendant fails to attend, the plaintiff may proceed to present evidence ex-parte. If
the plaintiff is absent, the case may be dismissed.
Go through trial
Evidence, rebuttal evidence and sur-rebuttals will be presented during the trial. Due to
the passage of the Judicial Affidavit Rule, a Witness’s’ direct testimony is now given through
written statements by using Judicial Affidavit instead of verbal direct examination, and the
witnesses may be cross-examined on his/her Judicial Affidavit.
After all evidence and affidavits have been presented and reviewed, both parties will be
required to file a written memorandum summarizing their position. The case is then considered
submitted for decision.
Under the Constitution and Rules of Court, a decision should be rendered within 30 to 90 days
after the case was submitted for decision.
Either party may file an appeal within 15 days from the receipt of the decision. If no appeal is
filed, the decision will be implemented.
Guide to Filing a Civil Case in the Philippines - Duran and Duran-Schulze Law
File a Complaint
A complaint needs to be filed with the Office of the City Prosecutor (OCP) or Office of
the Provincial Prosecutor (OPP), where the incident took place. Your lawyer will draft the
Complaint-Affidavit, which will include the details of the incident along with your evidences, your
personal information, and information on the offender.
RULE 136
Court Record and General Duties of Clerk and Stenographers
Section 1. Arms and great seal of court. — The arms and great seal of the Supreme Court are
these:
Arms — Paleways of two pieces azure and gules superimposed a balance or center with two
tablets containing the commandments of God or on either side; a chief argent with three mullets
or equidistant from each other; in point of honor, avoid argent over all the sun rayonant or with
eight major and minor rays.
The great seal of the Supreme Court shall be circular in form, with the arms as described in the
last preceding paragraph and a scroll argent with the following inscriptions: Lex Populusque,
and surrounding the whole a garland of laurel leaves; in or around the garland the text
"Supreme Court, Republic of the Philippines."
The arms and the seal of the Court of Appeals shall be the same as that of the Supreme Court
with the only difference that in the seal shall bear around the garland and text "Court of Appeals,
Republic of the Philippines."
The arms and the seal of the Court of First Instance shall be the same as that of the Supreme
Court with the only difference that in the seal shall bear around the garland and text "Court of
First Instance, the name of the province, Republic of the Philippines."
Section 2. Style of process. — Process shall be under the seal of the court from which it issues,
be stayed "Republic of the Philippines, Province or City of . . . . . . . . . . . . . . . ." to be signed by
the clerk and bear date the day it actually issued.
Section 3. Clerk's office. — The clerk's office, with the clerk or his deputy in attendance, shall
be open during business hours on all days except Sundays and legal holidays. The clerk of the
Supreme Court and that of the Court of Appeals shall keep office at Manila and all papers
authorized or required to be filed therein shall be filed at Manila.
Section 4. Issuance by clerk of process. — The clerk of a superior court shall issue under the
seal of the court all ordinary writs and process incident to pending cases, the issuance of which
does not involve the exercise of functions appertaining to the court or judge only; and may,
under the direction of the court or judge, make out and sign letters of administration,
appointments of guardians, trustees, and receivers, and all writs and process issuing from the
court.
Section 5. Duties of the clerk in the absence or by direction of the judge. — In the absence of
the judge, the clerk may perform all the duties of the judge in receiving applications, petitions,
inventories, reports, and the issuance of all orders and notices that follows as a matter of course
under these rules, and may also, when directed so to do by the judge, receive the accounts of
executors, administrators, guardians, trustees, and receivers, and all evidence relating to them,
or to the settlement of the estates of deceased persons, or to guardianship, trusteeships, or
receiverships, and forthwith transmit such reports, accounts, and evidence to the judge,
Section 6. Clerk shall receive papers and prepare minutes. — The clerk of each superior court
shall receive and file all pleadings and other papers properly presented, endorsing on each such
paper the time when it was filed, and shall attend all of the sessions of the court enter its
proceedings for each day in a minute book to be kept by him.
Section 7. Safekeeping of property. — The clerk shall safely keep all records, papers, files,
exhibits and public property committed to his charge, including the library of the court, and the
seals and furniture belonging to his office.
Section 8. General docket. — The clerk shall keep a general docket, each page of which shall
be numbered and prepared for receiving all the entries in a single case, and shall enter therein
all cases, numbered consecutively in the order in which they were received, and, under the
heading of each case and complete title thereof, the date of each paper filed or issued, of each
order or judgment entered, and of each other step taken in the case so that by reference to a
single page the history of the case may be seen.
Section 9. Judgment and entries book. — The clerk shall keep a judgment book containing a
copy of each judgment rendered by the court in order of its date, and a book of entries of
judgments containing at length in chronological order entries of all final judgments or orders of
the court.
Section 10. Execution book. — The clerk shall keep an execution book in which he or his
deputy shall record at length in chronological order each execution, and the officer's return
thereon, by virtue of which real property has been sold.
Section 11. Certified copies. — The clerk shall prepare, for any person demanding the same, a
copy certified under the seal of the court of any paper, record, order, judgment, or entry in his
office, proper to be certified, for the fees prescribed by these rules.
Section 12. Other books and duties. — The clerk shall keep such other books and perform
such other duties as the court may direct.
Section 13. Index; separating cases. — The general docket, judgment book, entries book and
execution book shall each be indexed in alphabetical order in the names of the parties, and
each of them. If the court so directs, the clerk shall keep two or more of either or all of the books
and dockets above mentioned, separating civil from criminal cases, or actions from special
proceedings, or otherwise keeping cases separated by classes as the court shall deem best.
Section 14. Taking of record from the clerk's office. — No record shall be taken from the clerk's
office without an order of the court except as otherwise provided by these rules. However, the
Solicitor General or any of his assistants, the provincial fiscal or his deputy, the attorneys de
oficio shall be permitted, proper receipt, to withdraw from the clerk's office the record of any
cases in which they are interested.
Section 15. Unprinted papers. — All unprinted documents presented to the superior courts of
the Philippines shall be written on paper of good quality twelve and three inches in length by
eight and one-half inches in width, leaving a margin at the top and the left-hand side not less
than one inch and one-half in width. Papel catalan, of the first and second classes, legal cap,
and typewriting paper of such weight as not to permit the writing of more than one original and
Section 16. Printed papers. — All papers require by these rules to be printed shall be printed
with blank ink on unglazed paper, with pages six inches in width by nine inches in length, in
pamphlet form. The type used shall not be smaller than twelve point. The paper used shall be of
sufficient weight to prevent the printing upon one side from being visible upon the other.
Section 17. Stenographer. — It shall be the duty of the stenographer who has attended a
session of a court either in the morning or in the afternoon, to deliver to the clerk of court,
immediately at the close of such morning or afternoon session, all the notes he has taken, to be
attached to the record of the case; and it shall likewise be the duty of the clerk to demand that
the stenographer comply with said duty. The clerk of court shall stamp the date on which such
notes are received by him. When such notes are transcribed the transcript shall be delivered to
the clerk, duly initiated on each page thereof, to be attached to the record of the case.
Whenever requested by a party, any statement made by a judge of first instance, or by a
commissioner, with reference to a case being tried by him, or to any of the parties thereto, or to
any witness or attorney, during the hearing of such case, shall be made of record in the
stenographic notes.
Section 18. Docket and other records of interior courts. — Every justice of the peace and
municipal judge shall keep a well-bound book labeled "docket" in which he shall enter for each
case:
(a) The title of the case including the names of all the parties;
(b) The nature of the case, whether civil or criminal, and if the latter, the offense charged;
(c) The date of issuing preliminary and intermediate process including orders of arrest and
subpoenas, and the date and nature of the return thereon;
(d) The date of the appearance or default of the defendant;
(e) The date of presenting the plea, answer, or motion to quash, and the nature of the same;
(f) The minutes of the trial, including the date thereof and of all adjournments;
(g) The names and addresses of all witnesses;
(h) The date and nature of the judgment, and, in a civil case, the relief granted;
(i) An itemized statement of the coast;
(j) The date of any execution issued, and the date and contents of the return thereon;
(k) The date of any notice of appeal filed, and the name of the party filing the same.
A justice of the peace or municipal judge may keep two dockets, one for civil and one for
criminal cases. He shall also keep all the pleadings and other papers and exhibits in cases
pending in his court, and shall certify copies of his docket entries and other records proper to be
certified, for the fees prescribed by these rules. It shall be necessary for the justice of peace or
municipal judge to reduce writing the testimony of witnesses, except that of the accused in
preliminary investigations.
Section 19. Entry on docket of interior courts. — Each justice of the peace or municipal judge
shall, at the beginning and in from of all his entries in his docket, make and subscribe
substantially the following entry:
Witness my signature,
.............................
Justice of Peace (or Municipal Judge)
https://news.abs-cbn.com/nation/09/22/11/new-guidelines-faster-case-resolution-pending-sc
(visit site and see - Lack of transcripts of stenographic notes)
Students will be familiar with the various legal documents used in judicial proceedings.
Downloadable templates are provided.
PERFECTO VILLAGRACIA,
Plaintiff,
--versus-- CIVIL CASE NO. 95 87390
FOR: ANNULMENT OF TITLE,
RECONVEYANCE AND DAMAGES
ROBERT MINGUEZ,
MICHAEL FRUTO,
VICTORIANO DIOSO,
Defendants
x---------------------------------------------------x
POWER OF ATTORNEY
Know all men by these presents:
That defendants, Robert Minguez, Michael Fruto and Victoriano Dioso, have constituted,
named and appointed Atty. Santiago Polido, as their true and lawful attorney-in-fact, for and in
Giving and Granting unto their said attorney-in-fact full power and authority to do and
perform all and every act and thing whatsoever requisite and necessary to be done in the
above-entitled case, as fully, to all intents and purposes, as the defendants might or could do if
acting in person, hereby ratifying and confirming all that said attorney-in-fact, shall lawfully do or
cause to be done under and by virtue of these presents.
In witness whereof, the defendants have hereunto set their hands on this 5th day of
January, 1997, In Pagadian City, Philippines
ACKNOWLEDGMENT
In the place and date first above-stated, personally came and appeared before me,
Roberto Minguez, Michael Fruto and Victoriano Dioso, with Residence Certificate Nos.
1314987, 1314988 and 1314989, all issued at Pagadian City, on January 5, 1997, all known to
me and known to be the same persons who executed the foregoing power of attorney, and they
acknowledged the same to be their free and voluntary act and deed.
Witness my hand and notarial seal on this 5th day of January, 1997, in the City of
Pagadian, Philippines.
SGD. ANDRES NACILLA
Notary Public
Until Dec. 31, 1997
PTR No. 835207
Issued on Jan. 2, 1997 at
Pagadian City
DOC. NO. 345
PAGE NO. 10;
BOOK NO. XII
SERIES OF 1996
Students will master transcribing court proceedings with recorded audio practice files.
Q Were you present at any conversation about (subject matter of action) in which
defendant X took part?
a. Telephone conversation --
Q At what time?
Q Where?
b. Alternative form --
Q How?
A Because after that conversation, I met Mr. Y personally on several occasions
and I became familiar with his voice (or he mentioned the call he made to me on
January 20, 1975).
Q Are you now able to state whose voice it was at the other end of the line on
January 20, 1975?
A Yes sir, it was Mr. Y.
Q When you make the call, did anyone answer the telephone?
Q What did the person at the other end of the line reply?
A I am Y (of “Just a minute, I’ll see if he’s in).
Q What did the person at the other end of the line say?
Q Can you identify the voice of the person who identified himself as Manager?
A Yes, sir it was Mr. Y.
Q Did you at that time know that Mr. Z was the Manager of Y Company?
A No, sir.
Q How?
A I had received letters and advertisement form Y Company with Mr. Z’s name as
Manager. Besides, I visited the office of Y Company after that, and I met Mr. Z
in his office, with the title manager.
Q What did you tell Mr. Y and what did he say to you during that telephone
conversation of January 20, 1975?
A I said…he said…
c. Telegram
Example 1. Recipient
Q Please examine this telegram, marked as Exhibit A, and tell the Court if you
recognize it?
A Yes, sir.
Adverse Counsel: Your honor, we do not have the telegram. My client never received it.
Q Produce it please.
A (Witness does so)
A Yes, sir. The next day my secretary placed the copy of the telegram on my desk
With the stamp of the Post Office and the receipt for payment of the telegram
fees. (Identify)
Students will be able to value love of the country and the rights and privileges of a
Filipino Citizen.
The 1899 Political Constitution of the republic – known as the Malolos Constitution was
approved by President Emilio Aguinaldo on January 21, 1899 and served as the Constitution of
the First Philippine Republic. It provides for a parliamentary form of government, but the
President, and not a Prime Minister, acts as the head of government. Legislative power is
exercised by the Assembly of Representatives of the Nation, and judicial power is lodge in a
Supreme Court.
The 1935 Constitution of the Philippines – ratified on May 17, 1935, establishes the
Commonwealth of the Philippines, defining its powers, composition and organization as it
functions as the Government of the Philippine Islands. It is based on the principle of separation
of powers among the three branches of government. Executive power is vested in the
President and shall serve for a single-six-year term. Legislative power is vested in a unicameral
National Assembly, and judicial power is exercised by the Supreme Court. It also provides that
upon proclamation of Philippine Independence, the Commonwealth of the Philippines shall be
known as the Republic of the Philippines.
The 1939 Amendment – The amendments liberalized all laws and made few changes on the
economic provisions of the Tydings-Mcduffie Law.
The 1940 Amendments – The amendments, by virtue of Resolution No. 73, provide for the
establishment of a bicameral Congress, composed of a Senate and a House of
Representatives, and limits the term of office of the President to four years, but may continue to
serve for a maximum of eight years. The amendment also provides for the creation of a
Commission on Elections.
The 1947 Amendments – known as the Parity Amendment, gave Americans equal rights with
Filipinos in the exploitation of Philippine Natural resources.
The 1943 Constitution of the Republic of the Philippines – or the Constitution of the Second
Philippine Republic, was ratified by the general assembly of the KALIBAPI. It is based on the
system of separation of powers among the executive, legislative, and the judiciary. It served as
a temporary constitution, for it stipulated that one year after the end of the World War II, it shall
be replaced by a new constitution.
The 1973 Constitution of the Republic of the Philippines – or the Saligang Batas ng
Pilipinas ratified by the Citizens Assemblies on January 17, 1973, provides for a shift from a
presidential from of government to a parliamentary system. The President serves as a symbolic
head of State, executive power is exercised by the Prime Minister with the assistance of the
Cabinet, and legislative power is vested in a unicameral National Assembly. In 1976, the
National Assembly was replaced by the Batasang Pambansa, by virtue of PD 1033 issued by
President Ferdinand Marcos.
The 1973 Constitution as amended – (amended in 1981 and 1984) provides for a semi-
parliamentary form of government, where the President, no longer acts as a symbolic head, but
acts as the head of state and the chief executive. The Office of the President has been restored
to its original status under the 1935 Constitution. Legislative power is vested in a unicameral
The Constitution of the Republic of the Philippines (in Filipino: Ang Konstitusyon ng
Republika ng Pilipinas) ratified on February 2, 1987, is the fourth fundamental law to govern the
Philippines since it became independent on July 4, 1946. First, the 1935 Constitution, which
became fully operational after the Inauguration of the Third Philippine republic. Second, the
1973 Constitution, which was promulgated during Martial Law and became fully operational only
after the lifting of Martial Law in 1981. Third, the 1986 Provisional “Freedom” Constitution,
which was promulgated on March 25 by President Corazon C. Aquino after the success People
Power Revolution in 1986.
The Constitution of the Republic of the Philippines provides that “(1) All educational
institutions shall include the study of the Constitution as part of the curricula”
As the basic and fundamental law of the land, the Constitution of the republic of the Philippines
is the sole instrument that affects the very core of Filipino nationhood, for “sovereignty resides in
the people and all government authority emanates from them” In this light, it is imperative that
every Filipino, regardless of status and profession, should learn the foundation and operation of
his government in order to guarantee a successful Philippine Republic.
Learning Outcome
1. Recognize the hierarchical organization of courts of justice and its ladder-like pattern.
2. Acquire information and interest in the law firm and appreciate the role of legal
transcriptionist.
With the exception of the Supreme Court which is the creation of the Constitution itself or
which is oftentimes referred to as the constitutional court, and highest court of the land, all other
courts from the Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts,
Family Courts, Shari’a Courts, down to the lowest courts in the municipal level are known as
statutory courts because they are created by statutes.
A. Supreme Court -
Under Sec. 5 (1), Art. VIII of the Constitution, the Supreme Court which is the last arbiter
of all questions of law, is composed of the Chief Justice and fourteen Associate Justices, and
sits en banc or, in its discretion, in divisions of three, five or seven Members.
B. Court of Appeals –
“The Presiding Justice and the Associate Justices shall have the same qualifications as
those provided in the Constitution of Justices of the Supreme Court.”
The Court of Appeals shall have its permanent stations, viz: the first seventeen (17)
divisions shall be stationed in the City of Manila for cases coming from the First to the Fifth
Judicial Regions; the Eighteenth, Nineteenth, and Twentieth Divisions shall be stationed in
Cebu City for cases coming from the Sixth, seventh and Eight Judicial Regions; the Twenty-first,
Twenty-second and Twenty-third Divisions shall be stationed in Cagayan de Oro City for cases
coming from the Ninth, Tenth, Eleventh, and Twelfth Judicial Regions. (Sec.10, BP 129, as
amended by Rep. Act No. 8246.
“The Court of Appeals has both original and appellate jurisdiction as follows:
4. Power to try cases and conduct hearings, receive evidence and perform any and all
acts necessary to resolve factual issues raised in cases falling within its original and
appellate jurisdiction, including the power to grant and conduct new trials or further
proceedings. (Sec. 9, 2nd par. BP 129, as amended by RA 7902 in relation to Rule
53 on new trial)
C. Sandiganbayan –
1. Officials of the executive brand occupying the positions of regional director and
higher, otherwise classified as grade 27 and higher, of the Compensation and
Position Classification Act of 1989 (Rep. Act No. 6758), specifically including:
4) Philippine army and air force colonels, naval captains, and all officers of higher
rank;
5) PNP Officers while occupying the position of provincial director and those holding
the rank of senior superintendent or higher;
6) City and Provincial Prosecutors, their assistants, and officials and prosecutors in
the Office of the Ombudsman and special prosecutor;
11) All other national and local officials classified as grade 27 and higher under the
Compensation and Position Classification Act of 1989;
12) Over all other offences or felonies whether simple of complexed with other
crimes committed by the abovementioned public officials and employees in
relation to their office; and
13) Over civil and criminal cases filed pursuant to and in connection with Executive
Order Nos. 1, 2, 14, and 14-a issued in 1989.”
The essential elements therefore of a criminal charges to fall under the jurisdiction of the
Sandiganbayan are as follows:
b) That the offense committed must be in relation to the public office of the
public official or employee. Absent any of the foregoing elements, the
jurisdiction will fall within the RTC if the penalty prescribed for the offense is
higher that prision correccional or imprisonment for six (6) years, or a fine of
P6,000.00, otherwise, the proper MTC or MTCC will have jurisdiction.
E. Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts–
Under Sec.2, Rule 5 of the Revised rules of Court, the term “Municipal Trial
Courts” as used in in these Rules, shall include Metropolitan Trial Courts, Municipal Trial
Court in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.”
F. Family Courts –
The Family Court is created by Republic Act No. 8369, otherwise known as the
Family Courts Act of 1997, entitled “An Act Establishing Family Courts, Granting Them
Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas
Pambansa Blg. 129, as amended. There shall be a family court in every city and
province in the Philippines, and where the city is the capital of the province, the Family
Court shall be established in the municipality which has the highest population. (Sec.3,
RA 8369) The qualifications of Judges of family courts shall be the same as thse of
Judges of the Regional Trial Courts. (Sec.4, RA 8369)
Family courts shall exercise exclusive original jurisdiction over the following
cases:
1) Criminal cases where one or more of the accused is below eighteen (18)
years of age but not less than nine (9) years of age, or where one or more of
the victims is a minor at the time of the commission of the offense. Provided,
that if the minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred, but the
sentence shall be suspended without need of application pursuant to
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code;
2) Petitions for guardianship, custody of children, habeas corpus in relation to
the latter;
3) Petitions for adoption of children and the revocation thereof;
4) Complaint of annulment of marriage, declaration of nullity of marriage and
those relating to marital status and property relations of husband and wife or
those living together under different status and agreements, and petitions for
dissolution f conjugal partnership of gains;
5) Petitions for support and/or acknowledgment;
6) Summary judicial proceedings brought under the provisions of Executive
Order No. 209, otherwise known as the Family Code of the Philippines;
7) Petitions for declaration of status of children as abandoned or neglected
children, petitions for voluntary or involuntary commitment of children; the
suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56
(Series of 1986) and other related laws;
8) Petitions for the constitution of the family home;
G. Shari’a Courts –
There are two categories of Shari’a Courts under the Code of Muslim Personal
Laws of the Philippines, (Presidential Decree No. 1083) which are considered as part of
the Philippines judicial system, namely: the Shari’a District Courts which are in the same
level as the Regional Trial Courts, and the Shari’a Circuit Courts which are in the same
level as the Municipal Trial Courts.
The Court of Tax Appeals which was created by RA No. 1125, is a court of
special appellate jurisdiction, composed of a Presiding Judge and two Associate
Justices whose qualifications are similar to those of the Judges of the former CIR, which
according to Commonwealth Act 103, shall be the same qualifications for members of
the Supreme Court. It exercises exclusive appellate jurisdiction to review on appeal the
following:
a) Decisions of the Commissioner of Internal Revenue involving disputed
assessments, refunds of internal revenue taxes, fee, or other charges, and
penalties imposed in relation thereto; and other matters arising under the
National Internal Revenue Code or other laws administered by the Bureau of
Internal Revenue;
b) Decisions of the Commissioner of Customs involving liability for the customs
duties, fees, or other money charges; seizures, detention or release of
property affected; fines, forfeitures, or other penalties in relation thereto; and
other matters arising under the Customs law or other laws or parts thereof
administered by the Bureau of Customs. (Sec. 7, RA 1125)
C. Legislative Branch in the Philippines
Learning Outcome
1. Differentiate the three branches of Philippine Government focusing on the Legislative
branch in preparation for drafting of Congressional Report.
2. Arouse interest in watching and taking notes in Senate hearing and Congressional
Session.
3. Develop the habit of transcribing materials and submitting error free report.
The Legislative branch is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress. This institution is divided into the Senate and
the House of Representatives.
The Executive branch carries out laws. It is composed of the President and the Vice
President who are elected by direct popular vote and serve a term of six years. The
Constitution grants the President authority to appoint his Cabinet. These departments
form a large portion of the country’s bureaucracy.
The Judicial branch evaluates laws. It holds the power to settle controversies involving
rights that are legally demandable and enforceable. This branch determines whether or
not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part and instrumentality of the government. It is made up of a
Supreme Court and lower courts.
The Philippine government seeks to act in the best interests of its citizens through this system of
checks and balances.
The Constitution expressly grants the Supreme Court the power of Judicial Review as the power
to declare a treaty, international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance or regulation unconstitutional.
The Legislative branch is authorized to make laws, alter, and repeal them through the power
vested in the Philippine Congress. This institution is divided into the Senate and the House of
Representatives.
Legislative Department
The Legislative Branch enacts legislation, confirms or rejects Presidential appointments, and
has the authority to declare war. This branch includes Congress (the Senate and House of
Representatives) and several agencies that provide support services to Congress.
Senate – The Senate shall be composed of twenty-four Senators who shall be elected
at large by the qualified voters of the Philippines, as may be provided by law.
House of Representatives – The House of Representatives shall be composed of not
more than two hundred and fifty members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the number of their respective inhabitants,
and on the basis of a uniform and progressive ratio, and those who, as provided by law,
shall be elected through a party-list system of registered national, regional, and sectoral
parties or organizations.
The party-list representatives shall constitute twenty per cent of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
Activity:
https://www.lawteacher.net/
REFERENCES
Legal Counseling with Notes on: Practicum and Practice Court Second Edition 2006, Recaredo P.
Barte
SECRETARY’S CERTIFICATE
2. That the foregoing resolutions are still in full force and effect, the same not
having been amended nor revoked.
EUGENIA J. MUNOZ
Assistant. Corporate Secretary