The Quality and

Attributes of Good
Legal Document:
Clarity, Conciseness,
Engagement, Elegance
Atty. Victoria V. Loanzon
Application of Legal Research Techniques
and Legal Writing

Recommended Writing Strategy

Drawing up the Document
Rules of Style
Mechanical Rules
 Recommended Writing Strategy
One should develop a good working
strategy to be followed in preparing a
written document.
It is essential to have full
concentration in doing the job of
producing a document.
What are the types of Legal Writing?
Advisory: opinions on liability; predictive analysis
on the outcome of a legal question by
scrutinizing authorities governing the query and
the relevant facts.
Argumentative: pleadings; are never neutral;
persuasive in character; contains statements of
facts, outlines the legal issues, cites authorities
and jurisprudence to support the arguments.
 What are the sources of information in the
preparation of legal documents?

In preparing legal documents, information can be

derived from PRIMARY sources and SECONDARY
sources.
Primary sources would include the facts
surrounding a case and information originating
from the three branches of government.
Government as Source of Primary Information
What are the primary sources of information from
the EXECUTIVE BRANCH?
Treaties, Presidential Proclamations, Executive
Orders, Memorandum Circulars, Opinions,
Department Administrative Orders,
Implementing Rules and Regulations, Rules of
Procedure of Administrative Bodies,
Administrative Regulations and Municipal/City
Ordinances
What are the primary sources of information from
the LEGISLATIVE BRANCH?
Public Acts from the Philippine Legislature from
1916 to 1935, Commonwealth Acts from 1935
to 1946, Republic Acts from 1946 to 1972,
Presidential Decrees from 1972 to 1978, Batas
Pambansa from 1978 to 1986, Executive
Orders, Presidential Proclamations during the
Provisional Republic from 1986 to 1987 and
Republic Acts from 1987 to the present.
What are the primary sources of information from
the Judiciary?

Jurisprudence or Case Law

Rules of Court
Administrative Issuances
 What are the secondary sources
of information?

Annotations of Legal Experts

Articles found in Law Reviews/Journals
Periodical Publications
Restatement of the Laws
 What are the secondary sources
of information?

Foreign Legal
Form Books
Jurisprudence Dictionary

Information
Encyclopedia Treatises
in Cyberspace
 How information may be derived?
Both primary and documentary information may
be derived from hard copies and through computer
aided research.
Many government agencies have their respective
websites.
Some law schools and private law offices also share
their information through their websites. Some
private entities allow access through subscription.
 How can one effectively use
electronic research aids?
Degree of Completeness: Full text records or
abstract/index records

Linguistic Difficulties: Words which are Synonymous

or Ambiguity

Two Techniques in Overcoming Linguistic

Difficulties: Conduct Precise Research and Resort to
Recall
 What will form part of the material as
one prepares to write the document?
In organizing the materials for the document,
consider:
1. Gathering all relevant information.
2. Include an inventory of documents/exhibits.
3. Classify the materials/information at hand.
4. Determine the importance of the available
materials/information.
5. Verify/authenticate documents/exhibits
 How does one begin to write the document?
Drawing up the Plan -
All written work must be planned in advance.
In drawing up the document, the work passes
through different phases. Each phase may vary
according to the nature and complexities involved in
the type of document to be produced.
What are standard stages needed to prepare a
document?
The Outline
The Outline is the framework of the document.
It sets out the objective of the document. It
includes the content and the arguments, both
primary and secondary, to meet the purpose of
the document.
What are standard stages needed to prepare a
document?
The Draft
This the preliminary document in a rough form
which will be reviewed to ensure that the all
information needed in the final draft are
clearly and concisely presented. The draft will
also be reviewed not only for content but for
technical aspects as well.
What are standard stages needed to prepare a
document?
The Checklist
As soon as the Outline is determined, a
checklist must also be prepared. The Checklist
ensures that one does not neglect any of the
important items to be included in the
document. The drawing up a Checklist is a
method by which one could well diminish
omissions and other lapses.
What are rules of style that must be observed?
Each document may require different styles of
preparation. This is the essence of elegance in any
writing activity.
Professor William Strunk, Jr. recommends some
rules on effective writing:
1. Think first, then write. It is best to have a
clear understanding of the topic or subject
matter of the document.
What are rules of style that must be observed?

2. Get to the point. It is best that the outset

you tell the reader what the document is all
about.
3. Use familiar words. There is no need to
show ones vocabulary treasures.
4. Omit unnecessary words. Vigorous writing
is concise. A sentence should contain no
unnecessary words, a paragraph no
What are rules of style that must be observed?

unnecessary sentences, for the same reason

that a drawing should have no unnecessary
lines and a machine no unnecessary parts.
This requires not that the writer make all his
sentences short, or that he avoid all detail
and treat his subjects only in outline, but
that every word tell.
Writing Exercise
No.1 :

Write a
paragraph to
describe the
photograph.
What are the basic guidelines for
computer aided research?
1. Analyze the facts.
2. Define the issues.
3. Make a preliminary list of
subject/key word search terms.
4. Determine which search engine to
utilize.
5. Run the search and evaluate
outcomes.
6. Choose which outcome to apply in
the case at hand.
 How can one effectively undertake a legislative
research in preparing a legal document?
Review of full a text of the law under examination.
Isolate the particular provision/s involved.
Refer to Journals of the Senate and the Congress to
trace the history of the law.
Examine specific debate proceedings which would
uphold/negate the provision in question.
 Writing Exercise No. 2
Review Republic Act No. 10654 amending
Philippine Fisheries Code of 1998.
Task: Discuss in at least two to three sentences
one specific matter which was amended by
the new law.
 Amended Fisheries Code Sets Higher Penalties,
Tightens Rules on Commercial Fishing
Press Release Date Thursday, April 16, 2015
Republic Act 10654, which amends the Philippine
Fisheries Code, lapsed into law on February 27,
2015. It seeks to prevent, deter and eliminate
illegal, unreported and unregulated or IUU fishing
in the country.
On Monday, April 13, the Bureau of Fisheries and
 Amended Fisheries Code Sets Higher Penalties,
Tightens Rules on Commercial Fishing
and Aquatic Resources (BFAR) convened the 41-
member technical working group (TWG) that will
draft the implementing rules and regulations for
the new amendatory legislation. The group is
expected to finish its work by September.
Civil society members earlier relayed their concern to
BFAR over the high number of commercial fishers
represented in the TWG. It consists of 20 members
 Amended Fisheries Code Sets Higher Penalties,
Tightens Rules on Commercial Fishing
from the commercial fishing sector, nine from
government, three from NGOs, six from municipal
fishers, two from academe, and one from aquarium
fish exporters.
Under RA 10654, sanctions have been raised to as
high as P45 million for commercial fishing violators,
and $2.4 million for poachers. (See attached
highlights)
 Amended Fisheries Code Sets Higher Penalties,
Tightens Rules on Commercial Fishing
The amended law also mandated the creation of an
Adjudication Committee under BFAR, which would
speed up the determination of liability of violators
and imposition of penalties.
One of the most significant features is the installation
of a Monitoring, Control and Surveillance (MCS)
system in all Philippine flagged fishing vessels
regardless of fishing area and final destination of
catch, which would make it easier to ensure
compliance with fisheries regulations.
 What is case law research?
Jurisprudence or decisions of the Supreme Court becomes
part of the law of the land.
A particular decision deals with the
application/interpretation of laws to a particular set of
facts. Case law becomes judicial precedents based on the
doctrine of Stare Decisis.
A decision would have a holding which would contain the
RATIO DECIDENDI and an OBITER DICTUM (by the
way)
 Writing Exercise No. 3.
Read the case
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant,
vs. HON. MAXIMO A. MACEREN CFI, Sta. Cruz,
Laguna, JOSE BUENAVENTURA, GODOFREDO REYES,
BENJAMIN REYES, NAZARIO AQUINO and CARLO
DEL ROSARIO, accused-appellees. G.R. No. L-32166
October 18, 1977
Office of the Solicitor General for appellant.
Rustics F. de los Reyes, Jr. for appellees.
 Writing Exercise No. 3.
Task: Prepare a Case Digest by following the
suggested format-
Parties to the Case
Nature of Action
Facts of the Case
Issues for the resolution of the Court
Ruling of the Court
 What are some useful tips in organizing
legal research?
1. Limit the issues. Develop an Outline.
2. Topic/subject research must be focused.
3. Adopt a legal strategy.
4. Write the document in a precise and concise
manner. Remember KISS (Keep IT SHORT and
SIMPLE).
 Italicization

Words that MUST be ITALICIZED:

Non-English words
Latin Maxims
Words which the writer wants to EMPHASIZE
Name of NEWSPAPERS and MAGAZINES
 When to use Footnotes
Rules:
Every time, reference is made to a case, cite the
case title, G.R. number , if found in the Philippine
Reports or SCRA, cite the volume number and
page number.
If reference is made to a legal treatise, cite the
author, book/journal, volume number, page
number, publisher and date of publication.
 When to use Footnotes
Rules:
If a constitutional provision is cited, identify the
specific Article and Section.
If a law or an ordinance is cited, identify the
number of the law or ordinance, when it was
adopted/when it became effective and the specific
provision involved.
 When to use Footnotes
Rules:
Footnotes may also be used to make clarificatory
statements or amplify matters which are found
in the main text.
Footnotes may also be used to compare rulings
of the Supreme Court.
Footnotes may likewise be resorted to in order
to examine amendments or repeal of certain
provisions of law.
 Use of Abbreviations
General Rule: No word in the text should be
abbreviated.
Exceptions: Mr., Mrs., Dr., etc., i.e. (that is), e.g.
(for example), and some names of institutions or
agencies are abbreviated to initials only after
they have been written out in full for the first
time. (example: National Economic Development
Authority (NEDA)).
 Use of Abbreviations
In footnotes and bibliographies, the following may
be used:
c. about (date only)
cf. compare
chap. chapter
ed. editor
edn. edition
 Use of Abbreviations
In footnotes and bibliographies, the following may
be used:
et. al. and others
et. seq. and the following
f. following page
f.f. following pages
ibid. the same reference
infra below
 Use of Abbreviations
In footnotes and bibliographies, the following may
be used:
op. cit. in the work cited
supra above
v., vide see
viz. namely
l. line
l. l. lines
 Use of Abbreviations
In footnotes and bibliographies, the following may
be used:
n. footnote
N.B. please note
n.d. no date
no. number
p. page
p. p. pages
 Use of Abbreviations
In footnotes and bibliographies, the following may
be used:
p. b. paperbound
q.v. which see
trans. translated
vol. volume
With the advent of social media, websites may
now be included in footnotes.
 Use of Illustrations
Where illustrations are material to the document,
they should be placed as near as possible to the
text to which they refer to. Illustrations include
diagrams, charts, plates, maps, tables, graphs,
drawings and photographs. They should be labeled
properly. If they are attached to the document, it
is best to have a list of Appendices.
 Bibliography
Some extensive documents may require a
bibliography. The purpose of the bibliography is to
indicate in summary form what reference
materials were used in preparing the document.
One must only include in the Bibliography those
materials which one actually consulted.
 Bibliography
The Bibliography may be presented in the
following manner:
1. Books
2. Bulletins and pamphlets
3. Journals
4. Periodicals
5. Newspapers
6. Websites
7. Other forms of publication
 Final Reminder
In every document one prepares, one must
remember the following standards:
1. Accuracy
2. Brevity
3. Clarity
To recap
Preparing a good legal document
calls for a comprehensive effort
which demands complete
appreciation of facts, research Concluding
work and staying focus on the
issues which are supported by Remarks
law and jurisprudence .
Enjoy the art of
Legal writing should meet the
objectives of writer and must be writing in an
of interest to the reader in order elegant manner.
to have a favorable action.
However, there should never be
an attempt to frustrate the ends
of justice.