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LEGAL WRITING REVIEWER PUP COLLEGE OF LAW JD 1-1 2019-2020

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JD 1-1 2019-2020 LEGAL WRITING REVIEWER

PARTS OF A DIGEST 1. Tickler- key phrase 2. Header- includes case title, case number, date, G.R. No. (“General Register Number”) and the Ponente 3. Doctrine- law or rule that can be used in future cases with similar facts 4. Facts- only relevant ones 5. Issue- question which the case seeks to solve 6. Ruling- decision of the court RULES ON SUBJECT- VERB AGREENENT 1. The subject and verb must always agree in number Ex: The State values the dignity of every human person and guarantees full respect for human rights. 2. Only the subject affects the verb, regardless of subordinate clauses and prepositional phrases Ex: Consummated felonies, as well as those which are frustrated or attempted, are punishable 3. The subject must follow the number of the subject even if it comes before the subject Ex: If there is a doubt, as between two or more persons who are called to succeed each other,… 4. When subjects are connected by the word "or," the verb must follow the number of the last subject. Ex: The State shall encourage nongovernmental, community-based, or sectoral organizations that promote the welfare of the nation. 5. Subjects connected by "and" are typically plural except if they pertain to the same thing. Ex: Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws 6. A collective noun can either be singular or plural depending in its use. Ex: The civil service commission is hereby authorized to promulgate rules and

regulations necessary to carry out the provisions of this Act,… 7. The words "each," "every," and "no" indicate that the subject is singular. Ex: Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. 8. The infinitive subjects are usually singular. 9. Gerunds take singular form. Ex: Filing is the act of presenting the pleading or other paper to the clerk of court 10. Singular verbs are used for units of measurement or time. HOW TO ANSWER DIFFERENT TYPES OF QUESTIONS 1. DEFINITION/EXPLANATION  __________ is a comprehensive term used to describe _________.  _________________, in its generally accepted sense, refers to …  … It is a safeguard and guarantee provided by the 1987 Constitution.  … It is a kind of relief granted to a ______________ by the …  _____ is a branch of public law (or private law) which deals with..  It pertains to…  It connotes a ….  … is a doctrine in (i.e. Civil Law) which refers to…  … is a principle2 in (i.e. Criminal Law) which states that…  It presupposes…  Its principal identifying feature is..  It is akin to…  The function of which is to…  The office of which is to… 2. ENUMERATION  In capsule form, the following are the elements of the crime of _______, to wit:  In a nutshell, the following are the elements of the crime of __________, to wit:  The following elements are generally considered in the determination of the JD 1-1 2019-2020 LEGAL WRITING REVIEWER

presence of (i.e. employer-employee relationship)  Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as provided for by/in the (i.e. Civil Code) are:  The following are the requisites for…, to wit:  In order that a case for (i.e. B.P. 22) to prosper, the following elements must be attendant/present:  To constitute (i.e. homicide), the following requisites must concur:  (i.e. Legal compensation) requires the concurrence of the following conditions:  To establish a person’s culpability under (i.e. estafa), it is indispensable that… 3. DISTINCTION  The (i.e. two) may be distinguished from each other in the followings ways: a) As regards _______, b) As regards _______,  In the first, it is necessary that there be….., whereas in the second it is sufficient that there be…  In the former, … while in the latter…  The former requires … while the latter…  … on the other hand ______________ is… 4. JURISDICTION  The case is within (beyond) the ambit of the jurisdiction of the (i.e. Regional Trial Court)  It is not within the province of the (i.e. Municipal Trial Court)  It is clearly within (outside) the powers of the (i.e. Labor Arbiter) to…  The case of (i.e. ejectment) lies with the Municipal Trial Court.  The case is cognizable by the (i.e. Regional Trial Court)  The case is covered by the (Rules on Summary Procedure).  The law vests upon the (i.e. Secretary of Justice) the power to… 5. CITING LAW PROVISIONS  No less than the (i.e. 1987 Constitution) provides for the…

 The (i.e. Rules of Court) substantially provides in part that…8  Under the broad principles of (i.e. due process clause)…  Under the all-encompassing doctrine of (i.e. incontestability clause)…  Under the law…  According to the (i.e. Family Code)…  The law is explicit on the matter.  The law explicitly expresses in part that…  By express provision of law,…  By operation of law…  As a matter of law…  The law prescribes certain rules on…  By legislative fiat… 6. QUOTING SUPREME COURT DECISIONS  The Supreme Court in one case, had the occasion to rule that…  In a long-line of cases decided by the Supreme Court, it has always been (consistently) held that…  In a litany of cases decided by the Supreme Court,  In a long-string of cases decided by the highest court of the land,  According to several cases decided by the Supreme Court,…  In a series of cases decided by the Supreme Court,  (Do not use the words series, litany or long-line if there is only one decision/jurisprudence for that topic.)  In one case decided by the highest court of the land, it was held that  In one case, the Supreme Court ruled that  It has been said that…  In a recent case, the Supreme Court has laid to rest the issue of whether…  It is well settled in this jurisdiction…  It is well settled in this country…  The Supreme Court has steadfastly adhered to the doctrine which states that  In a case with similar facts, the Supreme Court ruled that…  In several notable Supreme Court decisions, the highest court declared that… JD 1-1 2019-2020 LEGAL WRITING REVIEWER

 The Supreme Court has often stressed that…  In the landmark case of _____________, (if the case is so famous) the Supreme Court laid down the doctrine which substantially provides that…  In the leading case of …  The court has repeatedly ruled…  As enunciated by the Supreme Court in one case,…  A case in point is a case already decided by no other than the highest court of the land, where the Supreme Court held that…  In an array of cases in this jurisdiction, the Supreme Court has consistently declared that…  Deeply rooted is the jurisprudence which provides that…  In one case, the Supreme Court was emphatic when it ruled that…. 7. EMPHASIZING CASE DOCTRINES or JURISPRUDENCE  It is hornbook doctrine in (i.e. Civil Law) that…  Immortal is the rule that…  Well settled is the rule…  Well entrenched is the principle that..  Elementary is the rule that..  The cardinal rule in (i.e. labor law) is that  It is a familiar canon in (i.e. political law) that  By well settled public law…  Basic is the rule in (i.e. Criminal Law)…  It is an elementary principle in…  It is a fundamental doctrine in…  Well accepted is the rule that…  It is axiomatic in (i.e. Civil Law) that  Enshrined in the 1987 Constitution is the rule that (i.e. no person shall be deprived of life, liberty or Property without due process of law)  Consonant with the rule on…  It is a recognized doctrine in (i.e. Civil law) that…  It is a basic tenet in (i.e. Commercial Law)  Consistent with current jurisprudence

 It is a legal presumption, born of wisdom and experience, that (i.e. official duty has been regularly performed; that the proceedings of a judicial tribunal are regular and valid and that judicial acts and duties have been and will be duly and properly performed. The burden of proving irregularity in official conduct is on the part of the petitioners.)  It is an oft-repeated rule that…  The Philippines adhere to the principle of… 8. ANALYSIS OF THE FACTS AND THE LAW  Applying the said law/doctrine in the instant case,  From the facts given, noteworthy is the …  From the facts of the case, it is readily observable that…  In the instant case, it may be observed that…  It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was committed).  In the present case, it is immediately noticeable that the element of __________ is wanting (or lacking).  Under the circumstances, the proper remedy would be…  The case obtaining indicates a case of (i.e. B.P. 22)  It logically follows…  It goes without saying…  Even assuming arguendo, for the sake of argument that…  The situation in the case at hand…  The facts sufficiently indicated …  In the given facts, it is immediately apparent that…  It is evident that…  In the same token… 9. CONCLUDING WORDS  From the gamut of evidence on hand, it can be gathered/deduced that,…  Taken all together,…  Finally, …  Hence, … JD 1-1 2019-2020 LEGAL WRITING REVIEWER

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 Therefore, …  From the foregoing, it can be deduced that there is really (i.e. a violation of…)  From the foregoing, it is now safe to conclude that….  Lastly, …  Consequently,…  As a necessary consequence…  The logical implication is that…  At any rate,…  As an inevitable conclusion,…  In the light of the circumstances,…  Undoubtedly,…  Indubitably,… Clearly, the case at hand falls squarely within the purview of… Verily, he/she has committed… For this/these reason/s, it is unavoidable to conclude that… Based on the facts obtaining,… In this light,… This being the case… Clearly therefore, applying the aforecited ruling in the case at hand,… In light of the foregoing, it is beyond cavil (doubt) that,… There is no doubt that… To the unprejudiced mind, the actuations of the three, when analyzed and taken together, leads to no other conclusion except that (i.e. conspiracy among them existed) Inescapably, therefore,… All things considered,… It follows therefore that… As a logical result… In sum,.. In view of the fact that…, All told,… Given the prevailing facts… Having stated the foregoing premises,… One final point,… Accordingly,…

PLEADING Rule 6, Section 1 of Rules of Court. Pleadings defined. — Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

Rule 8, Section 1. In general. — Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts. If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. Kinds of Pleadings (Rule 6) 1. Complaint. — The complaint is the pleading alleging the plaintiff's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. 2. Answer. — An answer is a pleading in which a defending party sets forth his defenses. 3. Defenses. — Defenses may either be negative or affirmative. (a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. (b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. 4. Counterclaim. — A counterclaim is any claim which a defending party may have against an opposing party. 5. Compulsory counterclaim. — A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not JD 1-1 2019-2020 LEGAL WRITING REVIEWER

require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. 6. Cross-claim. — A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. 7. Counter-counterclaims and countercrossclaims. — A counter-claim may be asserted against an original counterclaimant. 8. Reply. — A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply, all the new matters alleged in the answer are deemed controverted Parts of a Pleading (Rule 7) 1. Caption. — The caption sets forth the name of the court, the title of the action, and the docket number if assigned. 2. The body. — The body of the pleading sets fourth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading. a) Paragraphs b) Headings c) Relief d) Date 3. Signature and address. — The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. 4. Verification. — Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit . 5. Certification against forum shopping. — The plaintiff or principal party shall certify under

oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. 

FALLACY Fallacy is an error in reasoning.

Two Types of Fallacies a. Fomal Fallacy  It is an error found in deductive argument.  It is an error in deductive reasoning where the conclusion does not follow the premises.  It leads to an invalid argument. b. Informal Fallacy  Fallacy found in inductive argument.  An error in reasoning that does not follow the traditional formal structure of logic. Types of Informal Fallacies 1. Dicto Simpliciter – an argument based on unqualified generalization.  Example: Exercise is good. Therefore everybody should exercise. 2. Hasty Generalization – jumping into conclusion about the validity of a proposition with some, but not enough evidence to support it. JD 1-1 2019-2020 LEGAL WRITING REVIEWER

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 Example: After my son had his vaccine, he developed autism. Therefore, the vaccine caused autism. Post Hoc – this fallacy occurs when it is assumed that, because one thing happened after another, it occurs as a result of it.  Example: Right after I sneezed, the power went off. I must’ve cau8se the outage. Contradictory Premises – drawing a conclusion from inconsistent or incompatible premises.  Example: No pets allowed. All pets must be on leash. Appeal to Pity (Ad Misericordiam) – uses the feeling of guilt or pity to support an argument.  Example: If we don’t adopt the puppy today, they might put him down. Do you want to be responsible for that? False Analogy – the situations are altogether different, you can’t make an analogy between them.  Example: People are like dogs. They respond best to clear discipline. Hypothesis Contrary to Fact – occurs when someone argues that their specific prediction about the present would be true or accurate if the past event had happened differently.  Example: If John would have taken a shower more often, he would still be dating Tina. Hypothesis contrary to fact- starting the hypothesis that is not true and then drawing any supportable conclusions from it Ad Hominem– attack against the person, instead of the argument with the intention of discrediting.  Example: Do you honestly believe her? I mean, just look at that face.

10. Argumentum ad Baculum (Appeal to Force) using others to accept a position by using threat 11. Ad Antiquum (Appeal to the Ages)Attempts to persuade others of a certain belief by appealing to their feelings of reverence or respect for some tradition, instead of giving rational basis for such belief. 12. Ad Verecundium (Appeal to Inappropriate Authority)- Persuading others by appealing to people who command respect or authority but do not have legitimate authority in the matter at hand. 13. Accident- applying a general rule to a particular case when circumstances suggest that an exception to the rule should apply 14. Ad Ignorantiam (Arguing from Ignorance)consists in assuming that a particular claim is true because its opposite cannot be proven 15. False dilemma- arises when the premise of an argument presents us with a choice between two alternatives when in fact, they are not the only choices.

DEMAND LETTER 

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A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is allegedly due or in default. A demand letter is written at the beginning of the process of bringing a case to court. Although an attorney often writes the demand letter, you can also do it yourself in several cases: If you have a fairly simple legal issue and you want to go through the process yourself, without an attorney; or If you want to save some time (and money) by drafting the letter yourself and letting your attorney review and edit it.

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