Halleys Comet

A memorandum, as it goes
down the chain of command in
a Big Law Firm.
SUBJECT : Operation Halleys Comet
FROM : Senior Partner/ Owner
TO : Managing Partner

Tomorrow evening at approximately eight (8)

p.m., Halleys Comet will be visible in this area, an
event which occurs only once every seventy five (75)
years. Have the lawyers, para-legals, clerk-typist
and all other office personnel fall out in the open
parking area/ lot in office uniforms and I will explain
this rare phenomenon to them. In case of rain, we
will not be able to see anything, so assemble the
lawyers, para legals, clerk-typist and all other office
personnel in the office conference room/auditorium
and I will show them a film of it.
FROM : Managing Partner
TO : Junior Partner

By order of the Senior Partner/Owner of

the Firm, tomorrow, at eight in the evening,
Halleys Comet will appear above the parking
area/ lot. If it rains, fall the lawyers, para
legals, clerk typists and all other office
personnel out in office uniforms. Then lead
them to the conference room/auditorium
where the rare phenomenon will take place,
something which occurs only once every
seventy five years.
FROM : Junior Partner
TO : Senior Associate Lawyer

By order of the Senior Partner/Owner of

the Firm, in office uniform, at eight oclock
in the evening tomorrow, the phenomenal
Halleys Comet will appear in the open
parking area/ lot. In case of rain in the
parking area/ lot, the Senior
Partner/Owner of the Firm will give
another order, something which occurs
once every seventy five years.
FROM : Senior Associate Lawyer
TO : Junior Associate Lawyer

Tomorrow at eight oclock in the

evening, the Senior Partner/Owner of the
Firm will appear in the open parking area/
lot with Halleys Comet, something which
happens every seventy-five years. If it
rains, the Senior Partner/ Owner of the
Firm will order the COMET into the
conference room/auditorium area in
uniform.
FROM : Junior Associate Lawyer
TO : Office Staff/ Para-Legals/ Clerk Typist
and All Other Office Personnel of the Firm

When it rains tomorrow at eight in the

evening, the phenomenal, seventy-five
year old Senior Partner/Owner of the
Firm, Atty. Halley, accompanied by the
Managing Partner will drive his Comet
thru the open parking area/lot in uniform.
EFFECTIVE LEGAL
WRITING
 4 STEPS PROCESS
IN LEGAL WRITING
FIRST
You think of things you want to
sayas many as possible, as
quickly as possible.
The MADMAN

The creative spirit who

generates ideas.
SECOND

You figure out a sensible

order for those thoughts, that
is, your outline.
The ARCHITECT
The planner who ensures
that the structure is sound
and appealing.
THIRD

With the outline

as your guide, you
write out a draft.
The CARPENTER
The builder who makes the
corners square and the
counters level.
FOURTH

After setting the draft aside for

a matter of minutes or days,
you come back and edit it.
The JUDGE
Who checks to see whether
anything has gone wrong.
Each character represents a
separate intellectual function
that writers must work through.
 The MAGIC OF WORDS
Words are the lifeblood of judicial decisions or any
other form of writing. When the right words are
used, they serve as gems that give luster to a
message or idea. On the other hand,
gobbledygook, legal jargon or archaic language is
likely to take away the vigor of a message. Thus,
the use of plain, concrete words are encouraged,
especially in judicial decisions which are meant to
settle, not to further cloud, grey areas in law or in
contracts, as well as to end justiciable
controversies instead of spawning new one.
-CHIEF JUSTICE HILARIO G. DAVIDE JR.
 ELEMENTS OF A BAD BRIEF
by: Atty. James W. McElhaney

TOO LONG
TOO MANY ISSUES
BOMBASTIC LANGUAGE
TO MANY CITATIONS
TO MANY QUOTATIONS
PERSONAL FEELINGS
MISREPRESENTING A RULE/MISCITE A
CASE
OBSERVE ABCs of
LEGAL WRITING

A-accuracy
B-brevity
C-clarity
THE FIVE ELEMENTS OF EFFECTIVE
WRITTEN COMMUNICATION
1. PRECISION
2. BREVITY
A. Use the simple, familiar and concrete
words
B. Short sentences
C. Make your paragraph compact

3. Originality
4. Vividness
5. Style
 ON MATTERS OF STYLE for
STYLE MATTERS
FONT SIZE
Use TIMES ROMANTHE WORKHORSE OF
SERIF FONTS, COMPACT AND RELIABLE AT ALL SIZES,
A NEUTRAL BUSINESSLIKE

TYPE FONT SIZE

HEADER 12
TITLE 14
TEXT 14
BLOCK QUOTE 12
FOOTNOTE 10
WHAT ABOUT SPACING?

TYPE SPACE
TEXT 1.5
BLOCK QUOTES 1
BETWEEN 3
PARAGRAPHS
PROPER MARGINS?

POSITION SIZE
LEFT 1.5
RIGHT 1
TOP 1.2
BOTTOM 1
ESSENTIAL PARTS OF PLEADING
BEFORE THE SUPREME COURT

I. TITLE PAGE HEADER

REPUBLIC OF THE PHILIPPINES

SUPREME COURT
EN BANC
ESSENTIAL PARTS OF PLEADING
BEFORE THE SUPREME COURT

II. CASE TITLE

People of the Philippines,

Appellee,
-versus-

Juan dela Cruz,

Appellant
ESSENTIAL PARTS OF PLEADING
BEFORE THE SUPREME COURT
III. DOCKET NUMBERS
1. Each case is assigned a docket number when filed. The
docket number is placed opposite the name of the party
first listed.
2. If the cases are consolidated, the cases are listed
according to their docket numbers in ascending orders.
3. For administrative decisions involving court officials and
personnel and other administrative matters, the docket
numbers should be written as A.M. No.____
4. For administrative decisions involving lawyers, the docket
numbers should be written as A.C. No.____
 THE ART OF CAPITALIZATION

A. REFERENCE TO COURTS
Reference to courts other than the Supreme
Court should be in lower case.
Ex. This court is convinced that grave abuse of discretion was
committed.

B. PARTY DESIGNATION
Party designations, such as petitioner,
respondent, appellant and appellee, are not
capitalized even if replacing a proper name.
Ex. Consequently, petitioner spouses contend that the contract is
valid.
C. TITLE OF COURT DOCUMENTS
1. Capitalize the actual title of documents
filed in the courts such as pleadings, motions,
and manifestations, or decisions, orders, and
resolutions issued by the courts.
Ex. The Balmes decision is about national patrimony.

2. Do not capitalize the generic name or

shortened title of a court document.
Ex. The petition for mandamus was timely filed.
D. REFERENCE TO SPECIFIC LAWS
1. Capitalize references to constitutions,
statutes, rules, administrative issuances, and
ordinances.
Ex. The constitutionality of the Generics Law was upheld by the
Court.

E. GOVERNMENT AGENCIES
1. Capitalize references derived from proper
names of government agencies.
Ex. The Bureau (referring to the Bureau of Customs)
F. POLITICAL SUBDIVISIONS

Capitalize words designation political

subdivisions when they are essential elements of
specific names.
Ex. Municipality of Bauan, Province of Batangas
 ITALICS anyone?
A. NON-ENGLISH WORDS
Italicize non-English words. Non-English words
are those not found in the latest unabridged
Websters dictionary. When necessary, include a
parenthetical explanation or translation immediately
after the word.
Ex. Basi (local fermented wine) was served by the victim to the
accused before the altercation.
B. NAMES OF NEWSPAPERS OR
MAGAZINES
Italicize the names of newspapers or
magazines.
Ex. The details of the incident received extensive
coverage from such newspapers as The Philippine Star.
Highlighting or Italics Supplied
For EMPHASIS

A. FOR ADDED EMPHASIS

Use italics or boldface to emphasize
specific words or phrases.
Ex. The Rule of Law must always prevail.
B. USE OF WORDS AS WORDS
Use quotation marks or italics when:
a) referring to a word or a phrase; or
b) providing a definition
Ex. The phrase for payees account indicated on the face
of the check simply means that it is for deposit only and it
could not be encashed.
 IT IS A NUMBERS GAME!!!

A. THE PROPER USE OF NUMBERS

Spell out numbers zero to nine and use
numerals for 10 and above. Use commas for large
numbers i.e. numbers of four digits or more.
Ex. Five, 55, 5,555
B. IF THE NUMBER IS SIGNIFICANT.
Write it in both words and figures and
enclose the figures in parenthesis.
Ex. Before the present case was filed, the respondent
was already charged with eleven (11) counts of estafa.
C. NUMBERS GROUPED FOR
COMPARISON
If a sentence or paragraph compares
numbers in a particular category, use
figures for all numbers in that category.
Ex. The following provinces were represented
by a good number of delegates :10 from Mindoro,
12 from Laguna, 15 from Quezon and 16 from
Batangas.
D. ADJACENT NUMBERS
To clarify back-to-back modifiers, spell
out the smaller number. If the numbers are
the same, spell out one.
Ex. The speech was interrupted by 12 two-
minute standing ovations.
E. NUMBERS GROUPED FOR
COMPARISON
Spell out numbers that begin a
sentence.
Ex. One hundred fifty disbarment cases are still
pending with the office of the Bar Confidant.
F. NUMBERS IN DIALOGUE
Spell out numbers in dialogue, except
numbers in large amounts.
Ex.
He told her, the meeting will start in twenty
minutes.
The speech was interrupted by 12 two-minute
standing ovations.
G. NUMBERS IN COMMON
EXPRESSION
Spell out numbers in figures of speech
or certain common expressions.
Ex.
Ten Cardinal Principles
Fifty feet under
H. ORDINAL NUMBERS
Treat ordinal numbers the same as
cardinal numbers. Spell out the first
through the ninth, and use figures for the
10th onwards.
Ex. The accused succeeded on her fifth try.
I. PLURALS OF FIGURES ARE
FORMED BY ADDING s.
F-14s
200s

J. PLURAL FORM OF NUMBERS

Plurals of spelled-out numbers are
formed by adding s or es.
Ex. The winning raffle ticket was three eights
and two sixes.
AGE IS EXPRESSED IN
FIGURES.

5-year old child.

PERCENTAGES?
1. Figures are used either with the word
percent or the percent sign (%) . Place the
percent sign directly next to the number.
Ex. The margin or error in the latest survey
was. 30%
2. In pairs of numbers or numbers in a
series, repeat the percent sign.
Ex. 20% to 30%
A FRACTION OF A FRACTION
1. Spell out common fractions and mixed
numbers and use a hyphen
Ex. One-fourth
2. When whole numbers, fractions and
mixed numbers appear together, use
figures. When expressing mixed numbers
as figures, insert a space between the
whole number and the fraction. Do not use
a hyphen.
Ex. The murder weapon was a piece of wood
measuring 2 by 1/3 by 15 inches.
ON DECIMALS
1. In text that mixes decimals and whole
numbers, a trailing zero is added to the
whole numbers.
Ex. 3.1, 3.6, 4.0
2. If any decimal is less than one, a
leading zero is added. However, if the
quantity will never be greater than zero,
the zero is not added.
Ex. 0.5, .45 caliber
AND THE WINNER IS
For voting results

1. Use figures and the comparative term

to when reporting voting results.
Ex. The Board voted 10 to 4 in favor of our
proposal.
MONEY TALKS
1. Place the currency sign directly
before the number
Ex. P500/$300
2. Repeat the currency sign with each
number in a pair of series. Do not use any
hyphens when the currency amount is used
as a compound modifier.
Ex. $100 to $300 price range.
 3. Use the currency abbreviation only
when clarity requires it. Leave a space
after the foreign currency abbreviation and
before the indicated amount.
Ex. Php 500/USD 600
TO BE MEASURED AND NOT
FOUND WANTING

1. Spell out units of measure when first

used.
Ex. 500 square meters.
2. Use figures with abbreviations, signs
and symbols.
Ex. 5km, 300 sq. m., 36 Mhz
 3. USE A HYPEN TO JOIN A NUMBER
AND A UNIT OF MEASURE USED AS A
MODIFIER.
Ex. 40-kg sacks
5-cm board
20-m distance
WE NEED MORE TIME?

1. EXPRESS TIME IN FIGURES

FOLLOWED BY a.m. or p.m.
Ex. 2:45 p.m. or 3:45 a.m.
2. When referring to 12 a.m. or 12 p.m.
eliminate confusion by specifying 12
midnight or 12 noon, respectively.
ITS A DATE!

1. THE WRITER HAS THE OPTION OF

USING THE AMERICAN METHOD
(MONTH-DAY-YEAR) OR THE BRITISH
METHOD (DAY-MONTH-YEAR) OF
WRITING DATES IS ACCEPTABLE.
HOWEVER FOR CONSISTENCY, USE
ONLY ONE METHOD THROUGHOUT THE
TEXT AND FOOTNOTES.
 2. WHEN REFERRING TO A DATE BY
MONTH FOLLOWED BY THE DAY, DO
NOT USE THE ORDINAL FORM.
Ex.
(this) The September 19 hearing
(not this) The September 19th hearing
3. WHEN INDICATING A PERIOD OF
SEVERAL YEARS, USE to or through, not
hypen.
Ex.
(this) Justice Manalo was on the bench from
1955 to 1971.
(not this) Justice Manalo was on the bench
from 1955-1971
 4. Apostrophes are used to
indicate a period of time.
5. DO NOT USE AN
APOSTROPHE TO INDICATE A
DECADE.
Ex. 1990s
 6. WHEN INDICATING A DATE BY
MONTH AND YEAR ONLY, DO NOT
PLACE A COMMA BEFORE OR AFTER
THE YEAR.
Ex. Two lawyers attended the June 2009
deposition.
7. Spell out names of the days and
months in the text and footnotes.
Abbreviate only in formats such as tables,
graphs and catalogs where space is a
consideration.
ABBREVIATIONS

1. ON THE FIRST USE, NAMES THAT

ARE CUSTOMARILY ABBREVIATED ARE
SPELLED OUT FOLLOWED BY THE
ABBREVIATION IN PARENTHESIS.
Ex. The pre-judicature program was sponsored
by the Philippine Judicial Academy (PHILIA).
 2. After the first usage, abbreviate
specific parts of the laws.
Ex. The powers of the Supreme Court which
concerns admission to the bar is found in
paragraph 5, section 5 of Article VIII of the 1981
Constitution. Sec.5 also covers the rule making
power of the Court.
 3. As a rule, spell out Constitution,
legislative enactments, treaties, executive
and administrative issuances.
IN EXCEPTIONAL INSTANCES
WHEN ABBREVIATIONS ARE
NECESSARY, SPELL OUT THE
ABBREVIATED WORDS ON FIRST
USAGE FOLLOWED BY THE
ABBREVIATION IN PARENTHESIS.
KISSing OUR PARAGRAPHS
(keeping it short and simple
but effective)

1. INTRODUCE EACH PARAGRAPH

WITH A TOPIC SENTENCE. (this allows
readers who are in a hurry to get the point
efficiently) OPEN THE PARAGRAPH
WITH YOUR TOPIC SENTENCE.
 2. USE TRANSITION WORDS AND
PHRASES TO BRIDGE BETWEEN
PARAGRAPHS such as:
(1) Pointing words like, this, that, these, those and
the.
(2) Echo Links words or phrases in which a
previously mentioned idea reverberates.
(3)Explicit connectives words whose chief purpose is
to supply transitions - further, also, therefore

NOTE: Selecting a precise transition is entirely a

matter of context, some transitions will work well
in some contexts but not all in others.
 3. VARY THE LENGTH OF YOUR
PARAGRAPH, BUT GENERALLY KEEP
THEM SHORT.
Long paragraphs can put off your
readers even if they are lawyers.
Strive for an average paragraph of not
more than 150 words.
A LONG SENTENCE IS A
DEATH SENTENCE

1. LONG SENTENCES ARE THE

HALLMARKS OF TRADITIONAL LEGAL
WRITING BUT OUR WRITING CAN BE
LEGALLY ACCURATE WHETHER WE
USE ON SENTENCE OR SEVERAL
SENTENCES.
 2. THE AVERAGE READER CAN HOLD
ONLY A FEW IDEAS AT A TIME IN HIS
SHORT TERM MEMORY. AFTER TWO OR
THREE IDEAS, THE READER NEEDS TO
PAUSE AND PUT TOGETHER WHAT HAS
BEEN READ. READERS OFTEN GET
LOST IN VERY LONG SENTENCES.
SOME PITFALLS OF
SENTENCE WRITING

1. FAILURE TO PUT PARTS OF EACH

SENTENCE IN A LOGICAL ORDER.
Ex. (not this) Petitioner sent respondent
copies of the pleadings and some additional
documents in response to the request of February
9, 2005.
(this) In response to his request of February 9,
2005, petitioner sent respondent copies of the
pleadings and some additional documents.
 2. THE USE OF SEXIST LANGUAGE
Avoid language that discriminates
against women or perpetuate thoughts of
male supremacy.

USE DO NOT USE

1. HUMAN RESOURCES 1. MANPOWER
2. POLICE OFFICER 2. POLICEMAN
3. SALESPERSON 3. SALESGIRL
 3. AVOID USING HE OR SHE AS A
GENERIC PRONOUN by:
(a)Eliminating the pronoun altogether
Ex.
A court clerk can give her advice on the matter
A court clerk can give an advice on the matter.
(b)Replace the sexist pronoun with a
neutral pronoun or article such as a,
the, this or one.
Ex.
A judge can always make his ruling orally.
A judge can always make the ruling orally.
 4. OMIT SURPLUS WORDS
Ex. Three good things happen when one
combats verbosity:
1. Reading is faster
2. Clarity is enhanced
3. Writing has greater impact
ERGO, Include only those words that
will sufficiently get the point across, no
more no less.
WHY WRITE THIS:

It is not necessary that an investment

advisers compensation be paid directly by
the person receiving investment advisory
services, but only that the investment
adviser receive compensation from some
source for his or her services.
IF YOU CAN WRITE THIS:

Although the investment adviser must

be paid, the source of the payment does
not matter.
 5. AVOID THE JARGON
Even lawyers can have trouble
understanding specialized legal terms,
particularly those pertaining to a field of
law outside of their practice.
Limit the use of LATIN words to
phrases that are generally used, i.e. res
ipsa loquitor, prima facie, res judicata, sui
generis. (LATIN PHRASES ARE OFTEN
JARRING TO THE MODERN READER,
EVEN WHEN THAT READER IS A
LAWYER)
6. AVOID THE ARCHAIC
a. Aforesaid
b. Henceforth
c. Hereinbefore
d. Notwithstanding anything to the contrary
herein
e. Null and void
f. Give, devise and bequeath
g. Free and clear
h. Full and complete
i. True and correct
j. Convey, transfer and set over.
SOME RULES TO REMEMBER
IN WRITING OUR PLEADING
BAR MATTER NO. 1132, DECEMBER 2, 2010

ALL LAWYERS ARE REQUIRED TO INDICATE

THEIR ROLL OF ATTORNEY NUMBER IN ALL
PAPERS OR PLEADINGS SUBMITTED TO THE
VARIOUS JUDICIAL OR QUASI JUCICIAL
BODIES IN ADDITION TO THE REQUIREMENT
OF INDICATING THEIR CURRENT PTR AND IBP
OFFICAL RECEIPT NUMBER OF LIFE MEMBER
NUMBER.
BEFORE SIGNING and
PRINTING and FILING

READ, READ, READ

REVIEW
REDUCE
REDRAFT
The END

THANK YOU
GOOD LUCK and
GOD BLESS
LOVE YOU