COURSE OUTLINE IN LEGAL AND JUDICIAL FORMS

Objectives: To provide and enhance students of law with basic knowledge in

the preparation of legal and judicial documents in brief, clear and concise
manner and well-studied as well.

I. INTRODUCTION TO LEGAL WRITING

A. Purpose: To discuss solutions to legal problems keeping in mind the

intention to inform, to predict and to persuade.

B. Context – Advisory Writing: Legal Opinion, and

Argumentative Writing: Pleadings
C. Structure –

(1) Introduce, Explain and Conclude (outline)

(2) Guidelines

(3) Content: a) Facts: Chronological order of events

b) Issues: Questions that need to be resolved
c) Legal basis: authorities, rules, rational, application
d) Conclusions

II. TOOLS IN LEGAL WRITING

A. Grammar and Syntax

1. Subject-Verb-Agreement
2. Use of “Who” or “Whom”
3. Use of Personal Pronouns
4. Use of Reflexive Pronounces
5. Which to Use the: “Who”, “Whom”, or “That”
6. Pronoun Reference
7. Use of Sex-Linked Pronouns
8) Use of Subjunctive Mood

B. Mechanics and Usages:

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

1. Comma
2. Semicolon
3. Colon
4. Parenthesis
5. Hyphen
6. Dash
7. Quotation Marks
8. Apostrophe
9. Exclamation Point
10. Brackets
11. Punctuation of Citations
12. Punctuation of Structured Enumerations

III. THE NOTARIAL LAW (AM NO. 02-8-13 SC) as amended by Supreme
Court’s Resolution dated February 19, 2008 on Sec. 12 (a), Rule II of 2004
Rules of Notarial Practice – Competent Evidence of Identity – such as
government issued IDs.

A. Definition of Notary Rule (Rule II, Sec. 9)

B. Appointment and Qualification of Notaries Public (Rule III, Secs. 1-10)
C. Jurisdiction and Powers of Notaries Public (Rule III, Sec. II, AM No. 0-
2-13 SC., Rule IV)
D. Notarial Register (Rule VI)
E. Revocation of Commission (Rule XI)
F. Offenses Against Notarial Law (Sec. 1, Rule XII)
G. Notarial Fees (Rule V)

IV. AFFIDAVITS

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

 Special Power of Attorney

F. Commonly-used Affidavits:

 Affidavit of Loss
 Affidavit of Desistance
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 Affidavit of Publication
 Quitclaim (Employer/Employee Relationship)
 Direct testimony of the witness, subject to the right to object
to inadmissible portions and to the right to cross-examination
by the other party (A.M. No. 03-1-09-SC, August 16, 2004,
as amended by Judicial Affidavit Rule, A.M. No. 12-8-8-SC,
September 4, 2012)

V. CONTRACTS, AGREEMENTS, DEEDS, ETC.

SILICET (SS):

 Means “to wit; namely”

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

ACKNOWLEDGMENT JURAT

Act of one who has executed a deed, in Part of an affidavit where the officer
going before some competent officer certifies that the same was sworn
or court and declaring it to be his act before him
or deed

Authorizes the deed to be given in Gives the document a legal character

evidence without further proof of its
execution AND entitles it to be
recorded

When used: When used:

-to authenticate an agreement -affidavits

between 2 or more persons
-where the document contains a
disposition of property
-certifications
-when person executing makes a
statement of facts or attests to the
truth of an event, under oath

Cardinal Rules in Drafting Legal Contracts:

1. State the particular kind of contract or agreement to be drafted.

2. The FULL NAMES of the parties, their capacity, civil status and residences
should come next.
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3. The PRINCIPAL or OPERATIONAL CLAUSES of the document should be

stated in separate, numbered paragraphs.
4. Verbosity should be avoided
5. Specific or technical terms, which have special meanings in the document
should be defined.
6. Names of parties should be repeated.
7. Document must be neat, free from erasures, interlineations or suspicions
of alterations.
8. A clause may be inserted at the end of an agreement that:
“This contract shall extend and be binding upon the parties thereto,
their executors, administrators and assigns.”

9. The PLACE and DATE of execution usually come last, and may be stated
thus:
“Signed in the City of Manila, Philippines, this __ day of ___, 2008.”

Contract or Agreement

DEED POOL/UNILATERAL CONTRACT DEED OF INDENTURE/BILATERAL

CONTRACT

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

Parts of a Typical Deed

 Title
 Announcement
 Part one:
Consideration
Act of conveyance
 Part two:
Signature
Acknowledgment

A. Forms in a Partnership

 Articles of Partnership

B. Forms in a Corporation
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 Articles of Incorporation By-Law

 Secretary’s Certificate
 Board Resolution
 Certificate of Increase of Capital Stock
 Resolution to Dissolve
 Affidavit of Non-operation
 Voting Trust Agreement

C. Contracts Related to Real Property Transactions

 Agreement of Lease with Option to Purchase

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

VI. PREPARATION OF PLEADINGS

A. Memorandum of Law

 Quotes significant portion of constitutional provisions,

statutes, regulation, written law or jurisprudence.

B. Memorandum of Facts

 Summary of significant facts of the case

C. Legal Brief

 Includes facts, laws and proposed legal actions.

D. Legal Opinion

 Response to queries by a client

VII. PLEADINGS AND JUDICIAL FORMS

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A. Common Elements

1. Acknowledgement by an Individual/Several Persons/Corporation

2. Verification and Certification
3. Certification of Non-Forum Shopping

B. Captions

1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
4. Metropolitan Trial Court
5. NLRC
6. Other Administrative Agencies

C. Content

1. Preliminary Statements
2. Parties
3. Jurisdictional Grounds
4. Statement of the Case
5. Issues
6. Summary of Arguments
7. Discussion of Arguments
8. Conclusion/Prayer/Relief
9. Signature and Address – Lawyers’ credentials, such as,
Statement of Contact Details of Parties or their counsels in all
papers and pleadings filed with the SC – telephone numbers, fax
numbers, cellphone or e-mail address in addition to the
counsel’s PTR, IBP and Roll of Attorney’s Number (Bar Matter
No. 1132) and MCLE (Bar Matter No. 1922) requirements (A.M.
No. 07-6-5-SC, July 10, 2007).

D. Pleadings in Civil Cases

E. Pleadings in Criminal Cases
F. Motions
G. Special Proceedings (Refer to Part II, Rules of Court)
H. Provisional Remedies (Refer to Rules of Court)
I. Appeals (Refer to Secs. 10, 11 and 12 of Rule 46 for Civil Cases; Sec.
5 and 6 of Rule 124 for Criminal Cases)
J. Filing and service of the pleadings (personal, registered mail under the
provisions of the Revised Rules of Court, and Rules on E-Filing under A.M. No.
10-3-7-SC, in relation to Rule for the Efficient Use of Paper under A.M. No. 11-
9-4-SC).